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Reintech, LLC Subscriber Wireless Services
Statement of Terms and Conditions
117792 Reintech, LLC 2/1/2014
This Statement of Terms and Conditions and the Reintech, LLC
Wireless Services Agreement (hereinafter referred to collectively
as the “Agreement”) sets forth the terms and conditions under
which Reintech, LLC, a Nebraska limited liability company
(“Reintech”), agrees to provide the Services (as defined below) to
the customer listed on the Reintech Wireless Services Agreement
(the “Customer”). For purposes of this Agreement, “you” and
“your” also mean the Customer, and “we,” “our,” and “us” mean
Reintech and any affiliate of Reintech authorized to provide you
with our Services. “Service” or “Services” means: (1) the
Reintech remote monitoring and control service, (2) wireless data
communications service and (3) any new or additional Reintech
services that you request.
BY ENROLLING IN, USING, OR APPLYING FOR THE
SERVICES, YOU AGREE TO THE TERMS AND
CONDITIONS IN THIS AGREEMENT AND THE PRICES
AND CHARGES AS LISTED IN THIS AGREEMENT. IF
YOU DO NOT AGREE TO THESE PRICES, CHARGES,
TERMS AND CONDITIONS DO NOT USE THE SERVICES,
AND CANCEL THE SERVICES IMMEDIATELY BY
CALLING REINTECH AT THE CUSTOMER SERVICE
NUMBER LISTED IN THE AGREEMENT.
Reintech holds patents (USA Patent No. 6,337,991 and 7,584,053
B2) or pending patent application(s) relating to the subject matter
contained in this Agreement and the Services provided. This
Agreement does not give you any right or license, either expressed
or implied, with respect to any such intellectual property, including
any future patent applications filed by Reintech that relate to the
Services provided hereunder.
1. YOUR
SUBSCRIPTION
Except as otherwise agreed upon by us in writing, the initial term
of your subscription requires a minimum four (4) months of
activation annually, which shall be in effect for two (2)
consecutive years. Following the initial two (2) year agreement
your contract will automatically renew for successive subscription
periods of one (1) year each (“Renewal Period”). The initial
subscription period of two (2) years and each Renewal Period are
hereinafter referred to as a “Subscription Period.” If at any time
you allow your subscription to lapse the Limited Lifetime
Warranty which this product carries will become null and void.
You agree not to assign, transfer, resell or sublicense your rights as
a subscriber unless specifically allowed by this Agreement. Any
such assignment, transfer, sale or license shall be null and void.
You agree that you are solely responsible and liable for any and all
breaches of the terms and conditions of this Agreement, whether
such breach results from your use of the Services or use by another
person. You also agree to contact us immediately upon the
occurrence of any change in the status of your account (e.g.,
change of address or change in the status of any of your pivots) for
the purpose of updating your account information with us.
2.
INSTALLATION
You authorize Reintech personnel and/or its dealers or agents to
enter your property (the “Property”) at mutually agreed upon times
in order to install, maintain, inspect, repair and remove the
Services. If you are not the owner of the Property or equipment at
which the Services are to be installed, you represent that you have
obtained the consent of the owner of the Property or equipment for
Reintech personnel and/or its dealers or agents to enter the
Property, at mutually agreed upon times in order to install,
maintain, inspect, repair and remove the Services. You further
acknowledge and agree that installation and/or use of the Services
may result in the modification of your equipment to which the
Services relate. Reintech neither represents, warrants, nor
covenants that such modifications will not disrupt the normal
operations of your equipment. Reintech (including its employees,
dealers, representatives, or agents) shall have no liability
whatsoever to you or any third party for any damage resulting from
the installation of any equipment related to the Services. Reintech
is not responsible for returning your equipment to its original
configuration prior to installation.
3. CHARGES
AND PAYMENT
a. General. You agree to pay us for the Services at
the prices and charges listed in this Agreement. Unless you deliver
written notice of cancellation to Reintech thirty (30) days prior to
the end of your current Subscription Period, your subscription shall
automatically continue and Reintech shall bill you for the then-
applicable annual subscription charges related to using the Services
for the applicable Subscription Period. Payment of your renewal
charges shall be due and owing by no later than thirty (30) days
after the date of receipt of any invoice or bill from us.
b. Payment. In order to keep your Services active
you must pay all charges for the Services to us on time and in U.S.
Dollars. We do not waive our right to collect the full amount due
if you pay late or you pay part of the bill, even if you write the
words “Paid in Full” (or words of similar effect) on any
correspondence to us. If you fail to pay your bill on time, we may,
in addition to any other right or remedy we may have at law or
equity, charge you a late fee of either 1.5% per month or the
maximum rate permitted by law, which we may apply to any
outstanding charges (including any accrued late payment fees). If
your check, bank draft, or electronic funds transfer is returned for
insufficient funds, we will charge you an insufficient funds fee of
$25. If the state law where you receive the Services requires a
different fee, we will charge you that amount. The payment will
also be subject to the terms and conditions required by the credit
card issuer.
c. Taxes and Other Charges. You must pay all
taxes, fees, surcharges, and other charges that we bill you for the
Services, unless you can show documentation satisfactory to us
that you are exempt from such taxes or fees. Taxes and surcharges
will be in the amounts that federal, state, and local authorities
require us to charge you. We will not provide advance notice of
changes to taxes and surcharges, except as required by applicable
law.
d. Credit Check and Deposits. You hereby give us
permission to obtain your credit information from credit reporting
agencies at any time. If we bill you for the Services and we
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