Skip to Content

TERMS AND CONDITIONS OF SALE

Summary of Terms & Conditions:

  1. An order constitutes a contract (the Contract) for delivery of goods and services and is binding to these terms and conditions with the agreement to pay as indicated on the order.
  2. Invoices are payable immediately upon delivery or completion of goods and services, unless another payment timeframe is indicated on either the invoice or the order. In the event of non-payment by the due date, C.H. Nest reserves the right to apply a fixed interest payment amounting to 10% of the remaining sum due. C.H. Nest will be authorized to suspend any provision of services without prior warning in the event of late payment.
  3. If a payment is still outstanding more than sixty (60) days after the payment due date, C.H. Nest reserves the right to call on the services of a debt recovery company. All legal expenses will be payable by the customer. 
  4. For subscriptions, 7 days' notice must be given to pause or cancel the subscription.  C.H. Nest reserves the right to bill for services performed within the 7-day window.  The customer will only pay for services that are actually performed.
  5. Complaints must submitted through the "Help" page on chnest.com or in writing within 7 days of the delivery of the goods or provision of the services to be considered for remediation or reimbursement.
  6. The Contract is governed by South Carolina law.

Detailed Terms & Conditions:

In consideration of the mutual covenants and obligations set forth herein, the customer or business (hereinafter the Customer) and Coopers Hawk Nest, LLC (hereinafter C.H. Nest) (hereinafter jointly referred to as the “parties”) agree to the following Terms and Conditions as they apply to the Contract for the goods or services ordered.

A.    CONTRACT DOCUMENTS

1.      Documents forming a part of this contract are, in order of precedence:

a.      These Terms and Conditions

b.      C.H. Nest invoice describing goods and services provided and the associated fees.  

c.      Supplemental Conditions, attached if applicable.

2.      The contract is the entire and integrated agreement between the parties and supersedes prior negotiations, representations, or agreements, whether written or oral.

B.    PAYMENT

C.H. Nest may invoice for payment for goods and services delivered or performed under this contract (and the Customer shall make payment) as agreed in the contract.  Unless otherwise agreed, payment is due immediately upon delivery of goods or services.  C. H. Nest reserves the right to apply a fixed interest payment of 10% to late payments.  C.H. Nest will be authorized to suspend any provision of services without prior warning in the event of late payment.  If a payment is still outstanding more than sixty (60) days after the payment due date, C.H. Nest reserves the right to call on the services of a debt recovery company.  All legal expenses will be payable by the customer. 

C.    TERMINATION

1.      Customer Right of Suspension:  The Customer may, at any time, suspend the work, in whole or in part, with or without cause for such period of time as determined by the Customer by seven (7) days notice stating the effective date of the suspension submitted either through the customer portal on chnest.com or in writing.  Except in the event of suspension due to a default of C.H. Nest, the amount payable to C.H. Nest will be equitably adjusted to reflect reasonable costs actually incurred by C.H. Nest due to delay or interruption resulting from such suspension.

2.      Customer Right of Termination:

a.      Termination for Cause:  If C.H. Nest defaults, fails or neglects to perform the services in accordance with the Contract Documents, or fails to perform a provision of the Contract, the Customer shall provide notice of such default, failure, or neglect to C.H. Nest through the "Help" menu on chnest.com or in writing within seven (7) days of occurrence.   If C.H. Nest fails to cure such default, failure, or neglect described in the Customer's notice, the Customer may, without prejudice to any other right or remedy the Customer may have, terminate the Contract.  The Customer will be required to make payment for goods or services actually delivered or performed, and any reimbursement is at the discretion of C. H. Nest.

b.      Termination for Convenience:  The Customer may, for its convenience, terminate all or any portion of the work or terminate this Contract by seven (7) days notice stating the effective date of the termination submitted either through the customer portal on chnest.com or in writing.  Thereafter, the Customer shall pay C.H. Nest for those services actually performed before the date of termination, no payment will be made for services not actually performed.

3.      C.H. Nest Right of Termination:

a.      C.H. Nest may terminate the contract if work is stopped through no fault of C.H. Nest, or other persons performing work either directly or indirectly for C.H. Nest, due to a court order or other public authority having jurisdiction, or due to a declared National emergency which requires the work to be stopped.

b.      Customer Failure to Make Payment:  C.H. Nest may terminate the Contract and recover from the Customer payment for all services actually performed.

c.       Termination for Convenience:  C.H. Nest may, for its convenience, terminate all or any portion of the work or terminate this Contract by seven (7) days written notice stating the effective date of the termination.  Thereafter, the Customer shall pay C.H. Nest for those services actually performed before the date of termination.  No payments shall be made for services not actually performed.

D.    DISPUTE RESOLUTION

Both parties shall attempt to resolve disputes through good-faith negotiations.

E.    LIMITATION OF LIABILITY

1.  Notwithstanding any other provision of the Contract Documents, but subject to a duty of good faith and fair dealing, C.H. Nest and Customer waive claims against each other for damages arising out of or relating to this Contract.  

2.  This mutual waiver is applicable, without limitation, to all listed damages due to either party’s termination in accordance with Part C.  

F.   LIMITATIONS OF RESPONSIBILITY

Unless specifically included in the Contract, C. H. Nest shall not be responsible for: 1) construction means, methods, techniques, sequences, procedures, or safety precautions and programs; 2) the failure of any contractor, sub-contractor, vendor, or other project participant, not under contract to C. H. Nest, to fulfill contractual responsibilities to the Customer or to comply with Federal, State, or Local laws, regulations, and codes; or 3) procuring permits, certificates, and licenses required for construction other than those agreed upon in the Contract.

G.   MISCELLANEOUS PROVISIONS

1.      Governing Law: This Contract shall be governed by the laws of South Carolina.

2.      Severability:  If any provision of this Contract shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby.

4.      No Waiver:  No course of dealing or failure of the Customer and/or C. H. Nest to enforce strictly any term, right, or condition of this Contract shall be construed as a waiver of such term, right, or condition.  No express waiver of any term, right, or condition of this Contract shall operate as a waiver of any other term, right, or condition.

5.      Notices:  Any notices required to be given under this Contract shall be in writing or as specified elsewhere in the contract.