ReCloud IT, LLC Service Terms and Conditions
​PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING RECLOUD IT’S SERVICES. Updated 7-3-2024
ReCloud IT, LLC (ReCloud IT) provides full-service IT Asset Disposition (ITAD) services.
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The following represents the general terms of service as offered by ReCloud IT. Any deviations to the standard terms of service must be agreed to in writing prior to any work or service performed by ReCloud IT.
Services
The customer may elect for ReCloud IT to collect equipment from customer’s location. Charges may apply and vary depending on location of equipment, company owned or third-party logistics use, on-site asset tracking, distance to processing facility and special services requested.
Equipment will be received, inventoried, and weighed in at ReCloud IT’s facility and a receipt report listing the types of equipment received, and detailed asset information (e.g., make, model, serial number) will be prepared and made available to customer, unless customer has signed an opt-out agreement to permit only the weighing and/or counting of assets.
Within 30 days of receipt of equipment (unless otherwise communicated to customer), all data will be removed from electronic storage devices either electronically or physically to ensure data cannot be retrieved under any means. ReCloud IT will test equipment to determine appropriateness of refurbishing and reselling equipment, unless complete destruction is designated by customer. Whatever equipment cannot be refurbished and resold, ReCloud IT will disassemble for recycling.
All equipment will be handled according to federal, state, or other applicable regulations regarding the processing of scrap electronic equipment. No hazardous materials or untested/non-working whole units will be sent for sale or processing to non-OECD countries.
Fees
ReCloud IT will charge a fee for processing equipment and other services provided at customer’s request. These fees vary depending on the nature of the services requested by the customer. Prices are subject to change without notice. The standard fees are listed in ReCloud IT’s Service Menu (available by contacting ReCloud IT).
ReCloud IT will issue a rebate to customer for product resold by ReCloud IT in an amount agreed upon prior to ReCloud IT providing the related services. Rebates are typically paid on a quarterly basis for equipment sold during the previous quarter. Rebates are paid for assets resold by ReCloud IT.
ReCloud IT will invoice pre-approved customers for services after each time equipment is received by ReCloud IT for processing. Payment terms for pre-approved customers will be Net 15 unless differing arrangements are made prior to equipment receipt. There will be a 1.5% monthly late fee assessed for delinquent payments. ReCloud IT reserves the right to refuse or suspend credit terms at any time, for any reason.
Payments to ReCloud IT shall be made payable to:
ReCloud IT, LLC
1531 S. Washington Ave
Piscataway, NJ 08854
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Default Service Level
Unless otherwise agreed to in writing, the default service level offered by ReCloud IT is to sort equipment into standard asset categories, inventory these items, and then process the equipment for “best use” whereby reusable items are resold and obsolete or damaged items are processed by ReCloud IT for recycling. Electronic media will either be sanitized in conformance with NIST 800-88 Guidelines (“Clear” or “Purge”) or physically destroyed by shredding.
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Transportation
ReCloud IT shall provide or arrange for transportation including prepayment when needed. Customer will request pick-up by contacting ReCloud IT by phone, email, or web request. Equipment will be removed at the earliest allotted time, usually within five business days of receiving notification from customer. Equipment may also be delivered to ReCloud IT by the customer during normal business hours with at least two days’ notice.
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Nonconforming Equipment (NCE)
Customer agrees to only send computer and other office electronic equipment and related materials to ReCloud IT for processing. ReCloud IT is not capable of processing hazardous materials that are not particular to electronic equipment. Equipment shall be considered nonconforming, after initial evaluation of each shipment (which shall take place no later than 30 days after delivery thereof in ReCloud IT’s facility), if it fails to conform to the characteristics agreed to by ReCloud IT in any material respect.
ReCloud IT may revoke its acceptance of NCE within five business days of ReCloud IT’s discovery of the non-conformity. The revocation of acceptance shall be effective immediately upon receipt by the customer of oral notice followed by written notice. The customer shall direct ReCloud IT within seven business days of an alternative lawful manner of disposition of the NCE. If the customer fails to so direct ReCloud IT, ReCloud IT shall prepare for lawful transportation and return of the NCE to the customer at the customer’s expense.
ReCloud IT retains the right not to service NCE. If ReCloud IT cannot or chooses not to service NCE or the customer elects not to have ReCloud IT service the NCE, the customer shall pay ReCloud IT reasonable handling costs including, but not limited to, transportation, unloading, loading, preparing, storing, and caring for the NCE. ReCloud IT shall be responsible only for its employees, agents, or invitees’ negligence with respect to any such NCE.
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Title to Equipment
If ReCloud IT transports or arranges for transportation of the equipment, provided the equipment consists of materials accepted for processing by ReCloud IT, title to and risk of loss with respect to the equipment shall pass from customer to ReCloud IT after possession transfers from customer to ReCloud IT and ReCloud IT issues a receipt for the equipment indicating such a transfer of title. If customer transports or arranges for transportation of the equipment, title to and risk of loss with respect to the equipment shall pass from customer to ReCloud IT after possession transfers from customer to ReCloud IT and ReCloud IT issues a receipt for the equipment indicating such a transfer of title.
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Warranties
ReCloud IT warrants that: it understands the currently known hazards which are presented to persons, property, and the environment in the handling of electronic equipment; it will perform all services in a safe, efficient, and lawful manner using industry accepted servicing practices; and, it will comply with all requirements of Federal, state, and local laws, rules, regulations, and ordinances applicable to the services to be performed. THE WARRANTIES SPECIFIED IN THESE TERMS OF SERVICE ARETHE ONLY WARRANTIES MADE BY RECLOUD IT, AND RECLOUD IT DISCLAIMS ALL OTHER AND IMPLIED WARRANTIES.
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Insurance
ReCloud IT will maintain the insurance coverage from time to time described on ReCloud IT’s website. ReCloud IT will furnish certificates of insurance upon request. ReCloud IT and Customer agree to indemnify, hold harmless, and defend the other against any claims or liabilities to the extent caused by any breach of any term hereof by such party or any negligent or willful act or omission by such party or its employees or agents. EACH PARTY WILL NOT BE LIABLE TO THE OTHER PARTY FOR ANY EXEMPLARY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES RELATED TO THE SERVICES. UNDER NO CIRCUMSTANCES WILL RECLOUD IT’S LIABILITY IN CONNECTION WITH THE SERVICES PROVIDED TO CUSTOMER EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY CUSTOMER FOR THE SERVICES.
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Force Majeure
ReCloud IT and Customer agree to suspension of service in events commonly described as force majeure, including acts of God, war, riot, fire, explosion, accident, flood, sabotage, lack or facilities, revocation or modification of governmental regulations or approvals, labor issues, or other incidents beyond control, to the extent such events prevent either side from fulfilling its relevant obligations of service.
Confidentiality
ReCloud IT and customer also agree to regard as confidential all information shared with one another, communicated in any format, that is not published or part of the public domain, was in one another’s possession prior to discussions; was discovered or developed without reference to each other’s confidential information or was made known by third parties (other than those acting on behalf of ReCloud IT or the customer) as a matter of legal right without restrictions on its disclosure.
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These Terms of Service are subject to change without notice.