Terms and Conditions

November 01, 2018

We at HODLBYTE LLC (β€œHODLBYTE”) are committed to providing our customers and clients with a world-class consulting, solutions, and shopping experience. By using this site or by doing business with HODLBYTE, you agree to these terms and conditions. HODLBYTE reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of our website or continued business with HODLBYTE following the posting of changes will mean that you accept and agree to the changes. You can find information regarding business policies and services below. To contact us directly, feel free to call or email us and we will be glad to help.

CONTENT

All text, graphics, trademarks, logos, audio, video, and computer code (collectively, β€œContent”) contained on the Site is owned, controlled or licensed by or to HODLBYTE and is protected intellectual property. You may not copy or reproduce any portion of the Site without prior written permission from HODLBYTE.

YOUR USE OF THE SITE

These Terms and Conditions apply to the HODLBYTE website located at hodlbyte.com, and all associated sites used by HODLBYTE including websites related to registered trade-names and products of HODLBYTE (collectively, the β€œSite”). The Site is the property of HODLBYTE, LLC. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to copy or monitor any portion of the site or Site or Content, or attempt to obtain any materials or information through any means not purposely made available through the Site. HODLBYTE, at their sole discretion, reserves the right to throttle or block any visitor to the Site. You may not scan or test the vulnerability of the Site or attempt to bypass authentication measures on the Site or any network hosting the Site. You agree not to interfere with the working of the Site or any network hosting the Site. You may not use the Site or any Content for any unlawful purpose or use which is prohibited by these Terms and Conditions.

PAYMENTS, INVOICING, AND REFUNDS

HODLBYTE provides invoices for work performed, merchandise, contractor payments, and expenses. Invoices must be paid promptly and as agreed. HODLBYTE may, at its sole discretion, impose late-fees to past-due invoices. HODLBYTE may also, at its sole discretion, modify late-fee policies. HODLBYTE accepts various forms of payment, and the payment method(s) will be listed on your invoice. All invoices for consulting or business to business services are billed in USD, any Cryptocurrency payments will have a locked exchange value at the time the invoice is sent. Once an invoice is issued, any cryptocurrency/USD exchange rates are locked and can not be modified. Any and all refunds for advisory, consulting, or business to business services will be made in like-kind when possible and at HODLBYTE’s sole discretion; meaning, that if a client pays an invoice with Bitcoin or another cryptocurrency, HODLBYTE will attempt to refund an identical amount (less any cancelation fees) of Bitcoin or cryptocurrency which was sent to HODLBYTE. HODLBYTE may also elect to issue a refund (less any cancelation fees) in USD, via cashier’s check. This refund policy is necessary due to the volatile nature of cryptocurrency, and the potential for customer abuse of our refund policy for profit. HODLBYTE will not be held liable for any cryptocurrency wallet addresses provided by a client or customer that are not transmitted correctly; mistyped; mislabeled; partial; or otherwise incorrect. Clients and customers agree to indemnify HODLBYTE against any losses resulting from changes in the market value of a cryptocurrency used to pay an invoice balance, or from any losses related to a refund in USD. Clients and customers agree to indemnify HODLBYTE against any losses due to cryptocurrency payments or refunds which have been sent to a cryptocurrency wallet address provided by a client or customer which is not correct. In the event of a cryptocurrency refund, it is the client or customer’s responsibility to provide HODLBYTE with a suitable cryptocurrency wallet address to send any refunds to. If no cryptocurrency address has been provided to HODLBYTE within 90 days of the request, HODLBYTE will make one last attempt to request a cryptocurrency wallet address suitable for a refund before deeming the cryptocurrency abandoned. In the event of abandonment, we may, at our sole discretion, sell, scrap, donate, dispose of, or otherwise liquidate the property as we deem fit without incurring any liability. Any proceeds realized through the resale of the abandoned property shall not be credited to the customer.

OPINIONS, BLOGS, AND ANALYSIS

HODLBYTE is not an advisor. The opinions, news, forecasts, and analysis contained on the Site are based on our opinions of industry and market conditions and HODLBYTE makes no guarantee of their accuracy. HODLBYTE may, at its sole discretion, publish guest content. The opinions and views of guest commentators or researchers may not reflect the views and opinions of HODLBYTE. While HODLBYTE endeavors to provide reliable content, HODLBYTE accepts no responsibility for the accuracy of content posted on the Site. HODLBYTE, at its sole discretion, may modify or edit any contributed content and reserves the right to remove any content for any reason. HODLBYTE is not responsible for direct, special, incidental, or consequential damages resulting from the use or removal of any Content, including but not limited to loss of use; loss of revenue; loss of actual or anticipated profits (including loss of profits on contracts); loss of the use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; or any indirect loss; damage; compromise of data; or damage to any electronic device connected to or used on the Site.

RETURNS

Subject to the terms contained in this agreement, our return policy lasts 30 days from delivery. If less than 30 days have gone by since you received your eligible product, you may request a return. If more than 30 days have gone by since you have received your product you, are no longer eligible to request a return.

PRODUCTS ELIGIBLE FOR RETURN

  1. Β HODLBYTE Branded Merchandise (excluding items exempt from return): Must be in their original condition with no signs of signs of wear, damage, dinging, or scrapping. The returned product must include all original packaging, manuals, warranties, accessories, etc. (if applicable).
  2. Accessory merchandise sold in a retail location, or on our website (hodlbyte.com):Β  Must be in original condition with no signs of wear, damage, dinging, or scrapping.Β  The returned product must include all original packaging, manuals, warranties, accessories, etc. (if applicable).

PRODUCTS THAT ARE EXEMPT FROM RETURN

  • Food or Beverage Containers
  • Coffee Beans or other food products
  • Personalized Products that have inscriptions
  • Gift Cards
  • Blemish equipment (cosmetic faults)
  • Custom roasted Coffee Beans
  • Upgrades or modifications to orders already in production

COMMUNICATION

Some projects require ongoing communications with you in order to finalize certain aspects of your order, like bulk coffee orders or custom roasting orders. The customer is responsible for keeping his or her current contact information on file and to notify us of any changes. If our staff should try to contact you using the contact information provided and 14 days pass without a response, we reserve the right to stop work and cancel your order. At such time and at your expense, we will contact you to determine a mailing address to ship any uncompleted orders, provided that there are no past-due balances; in some cases it may not be possible to ship or deliver partial work, in these situations we may, at our discretion, require you to either pick up those materials in person; or we may dispose of any materials that are not claimed or suitable for shipping. If you do not provide a mailing address within 7 days to our request or reject the shipment of your order, we will deem the order to be abandoned property. In the event an order is abandoned, we may, at our sole discretion, sell, scrap, donate, dispose, or otherwise liquidate the property as we deem fit without incurring any liability. Any proceeds realized through the resale of the order shall not be credited to the customer.

SHIPPING

All returns require our prior authorization. Please contact us by email or phone for step-by-step return instructions. Any returns that are sent to us without prior authorization will be rejected and shipped back to you at your expense.

After contacting us, please mail your product to:

HODLBYTE COFFEE
Attn: Returns/Exchanges
292 Route 101
Ste. 8
Amherst, NH 03031
United States

You will be responsible for paying all shipping costs related to your item. All shipping costs are non-refundable, including any shipping insurance, and any payments of shipping costs will not be credited towards the outstanding balance of your custom order. If you receive a refund, the cost of shipping will be deducted from your refund. All returns must be sent using a track-able label. We are not responsible for any loss or damage incurred during shipping.

DAMAGED GOODS

To complete a return for damaged items, you must email photographs of the equipment and any damage sustained, as well as photographs of the return packaging prior to shipping it back to us. HODLBYTE is not responsible for any damage incurred during shipping and any claims must be made directly with the shipping carrier.

Each order that is returned will be inspected for damage before being approved. For items that are defective based on our error, we will issue you a full refund less return shipping costs, that refund will be subject to the HODLBYTE refund policy. For items damaged after leaving our facilities, your order may have a reduced refund value. This value is assessed based on the specific details of the damage. We will notify you of any reduced refund value before any return is approved. If the order is found to have been damaged and a reduced refund value has been assigned that you do not agree with, the order may be returned to you at your expense. You will be invoiced for the return shipping before the order is shipped back to you. If the return shipping is not paid within 90 days of notice or the client does not respond or reply to requests made by us in that time-frame, we will deem the order to have been abandoned.

EXCHANGES (IF APPLICABLE)

Exchanges are available on most clothing and hats. Please contact us and we will be happy to assist you.

LIMITED WARRANTY

For all mining, network, power, cooling, and hardware related equipment, we offer no additional warranty beyond the original manufacturer’s warranty.

We warrant that HODLBYTE-branded products will meet the specifications. THE FOREGOING NOTWITHSTANDING, HODLBYTE IS NOT LIABLE FOR NORMAL MANUFACTURING DEFECTS OR FOR CUSTOMARY VARIATIONS FROM QUANTITIES OR SPECIFICATIONS. UNLESS EXPRESSLY STATED, HODLBYTE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND (WHETHER ARISING BY IMPLICATION OR BY OPERATION OF LAW) WITH RESPECT TO HODLBYTE PRODUCTS, INCLUDING ANY WARRANTIES OR REPRESENTATIONS AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER. At our sole discretion, HODLBYTE may replace, repair, or refund merchandise, but such act shall not constitute a waiver of the warranties disclaimed in the preceding sentence. Replacement time may vary depending on inventory availability or shipping destination. Our warranty is extended to the original purchaser only and may not be transferred or assigned to subsequent owners. IN NO EVENT IS HODLBYTE RESPONSIBLE TO CUSTOMER FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING ALL DIRECT AND INDIRECT LOST PROFITS, REGARDLESS OF WHETHER THOSE DAMAGES WERE FORESEEABLE.

This warranty does not apply to: (1) products manufactured by a third party; (2) electrical damage or heat (3) damage caused by use with a third party component or product; (4) damage caused by accident, abuse, misuse, fire, liquid contact, or other external cause; (5) damage caused by service performed by any third party; (6) any product that has been modified or altered; (7) defects caused by normal wear and tear; (8) damage caused by improper storage or handling; (9) damage occurring after the delivery of the product; (10) defects not reported to HODLBYTE within 30-days after delivery; or (11) if such defect should have been discovered by customer in customer’s inspection and it is not reported within ten days after the product’s arrival at the destination.

All warranties provided in this agreement must be registered within 14 days of delivery by the original purchaser. Return of a legible copy of the warranty registration along with proof of purchase is a condition precedent to any warranty coverage.

LITIGATION COSTS AND EXPENSES

If any party institutes any legal suit, action, or proceeding against the other party in any way relating to a transaction through, by or with HODLBYTE, LLC (HODLBYTE) or any of its affiliates, including contract, equity, tort, fraud, and statutory claims, the prevailing party is entitled to receive, and the non-prevailing party shall pay, in addition to all other remedies to which the prevailing party may be entitled, the costs and expenses incurred by the prevailing party in conducting the suit, action, or proceeding, including attorneys’ fees and expenses, court costs, and any storage expenses for instrument(s) stored during the pendency of any action or proceeding, even if not recoverable by law including, without limitation, all fees, taxes, costs, and expenses incident to appellate, bankruptcy, and post-judgment proceedings.

In the event an order is the subject of litigation, dispute, or possible cancellation, the customer’s order will be taken out of production and placed into storage. Upon the resolution of the matter, if production shall continue on the order, the order will be added back to the current production queue.

AUTHORIZED DEALERS

We will not accept returns on products that were purchased through an authorized dealer, or products that have changed ownership since the initial sale. If you fall into this category, please contact the party you purchased from. We have programs in place to work with dealers should you need to return your product to the place that you purchased it.

If you purchased the equipment from an authorized dealer who is no longer in business, we will do our best to assist you.Β  We will need copies of your receipts and we will compare them to our records of the transaction.

SEVERABILITY

In case any one or more of the provisions of this Agreement be held for any reason to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or enforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if the invalid provision(s) had never been contained in this Agreement, provided that those provision(s) shall be curtailed, limited, or eliminated only to the extend necessary to remove the invalidity, illegality, or unenforceability.

GOVERNING LAW

This agreement shall be governed, interpreted, or construed in accordance with the laws of the State of New Hampshire. The Parties agree that any legal proceeding involving a dispute between HODLBYTE and the customer concerning any aspect of this agreement or the orders placed under it shall be brought and viewed solely in a State court located within the State of New Hampshire or the United States District Court for the District of New Hampshire.

WAIVER

No waiver by HODLBYTE of any breach by the Client of any provision of this Agreement shall be deemed a waiver of any preceding or succeeding breach of this Agreement. No waiver shall be effective unless it is in writing, and then only to the extent expressly set forth in such writing.