This Connected Device Maintenance Contract (the, “Agreement”) is made by Shore Sound & Cinema (“Dealer”) and Customer (each a “Party” and collectively the “Parties”).
Whereas, Dealer has engaged in the sale of certain integrated products to the Customer which may include audio, video, computer network systems, and lighting, among other things (collectively, “Devices”);
Whereas, Dealer wishes to provide remote management and monitoring of Customer Devices and Customer desires to purchase monitoring and maintenance services (the “Services”) in accordance with the terms and conditions more fully set forth herein;
NOW, THEREFORE, with the foregoing background incorporated by reference and in consideration of the mutual promises contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, and intending to be legally bound, the Parties agree as follows:
1. Effective Date. The effective date of this Agreement shall be the date that Dealer executes this Agreement after first being executed by Customer.
2. Network Monitoring Services. In order for Dealer to deliver services, customer must purchase Araknis network and Wattbox utilizing OVRC Pro, as recommended from Dealer. Customer subscribes to Basic, Preferred or Premium service plan. Dealer reserves the right to deliver said services by using staff, tools, and other means including third parties at Dealer’s own discretion. Services will only be delivered for equipment installed or integrated by Dealer. Dealer reserves the right to decline services because they are outside the scope of Dealer installed products, the Customer’s products have been modified by the Customer, the Customer’s products have failed due to external factors, or for any other reason at Dealer’s discretion.
3. Term and Termination. This Agreement shall be for a monthly or annual basis, and if monthly, automatically renew on a month-to-month basis thereafter unless either Party provides written notice of the intent to terminate the Agreement. Either Party may terminate the Agreement at any time upon thirty (30) days written notice.
4. NO WARRANTIES OR REPRESENTATIONS. Dealer does not represent or warrant that the monitoring and maintenance services will prevent any loss, damage or injury to persons or property. Customer acknowledges and agrees that Dealer is not an insurer and this is not an insurance contract. All Devices purchased by Customer are covered by the Device warranty provided by the Dealer to the Customer in writing. Dealer hereby disclaims any warranty of merchantability or fitness for a particular purpose. Dealer may subcontract its Services to an authorized third party provider of Services and Customer hereby consents to Dealer subcontracting its services.
5. Transfer. Dealer may transfer or assign this Agreement or engage in the use of subcontractors to provide the Services. Customer shall not assign this Agreement without the written consent of Dealer.
6. Privacy. In order to provide the Services, Dealer may collect information about you and your Devices. This information may include the model and serial numbers of the Devices, the names of the rooms where you have connected Devices, your zip code and time zone, and other information about the Devices and your configuration. By entering into this Agreement and utilizing the Devices, you are consenting to sharing this information with the Dealer. Dealer may share this personal information with third parties for the sole purpose of providing Services.
7. Entire Agreement. This Agreement, together with all attachments and incorporated references herein, contains the entire agreement between the Parties with regard to the matters addressed in this Agreement and shall be binding upon and inure to the benefit of the executors, administrators, personal representatives, heirs, authorized successors and permitted assigns of each. The Parties shall not be bound by or be liable for any statement, representation, promise, inducement, or understanding of any kind or any nature concerning the subject matter hereof not set forth or provided for herein. This Agreement may not be altered, amended, modified or otherwise changed in any respect except by an instrument in writing duly executed by authorized representatives of each of the Parties.
8. Billing. Should Customer subscribe to a monthly plan, by signing this agreement Customer authorizes Dealer to charge the designated credit card on the 5th of each month. If the noted payment date falls on a weekend or holiday, Customer understands that payments may be executed on the next business day. The charge will appear on Customer’s credit card statement with no prior notification provided unless the date or amount changes, in which case the Customer will receive notice from Dealer 10 days prior to the payment being collected. Customer understands this authorization will remain in effect until he or she cancels in writing. Customer agrees to notify Shore Sound & Cinema in writing of any changes in to account information or termination of this authorization at least 30 days prior to the next billing date. Customer certifies that he or she is an authorized user of this Credit Card and will not dispute these scheduled transactions; so long as the transactions correspond to the terms indicated in this authorization form.
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