This Connected Device Maintenance Contract (the “Agreement”) is made by Vineyard Home (“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. Customer subscribes for the following monthly service plan:
ESSENTIAL MONTHLY ($49 Billed Monthly)
All fees are due and payable within thirty (30) days of the billing date.
Term and Termination. The term of this Agreement shall be for a period of 12 months from the Effective Date and 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.
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.
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.
Privacy. In order to provide the Services, the 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 share this information with the Dealer. Dealer may share this personal information with third parties for the sole purpose of providing Services.
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.
Intending to be legally bound by and under the terms and conditions set forth in this Agreement, we execute this Agreement on the date noted above.