This Agreement (this “Agreement”) is made and entered into as of the date of purchase/order (the “Effective Date”), by and between CAS Safety Systems Ltd. (“Company”) and the customer that purchases and/or uses the Company’s product and related services (“Customer”).
SALE AND USE OF PRODUCT.
1.1 Fees. Customer (to the extent the Customer purchases the Product and related services directly) will pay Company a one-time payment for the Product and a service fee for use of the Data Plan (the “Service Fee”). The Company offers two main Data plans: (i) yearly plan with monthly payments (“Yearly Contract”), (ii) yearly plan paid in one instalment (“Yearly Upfront”). The Company may change the terms of the plans and offer additional plans in the future. Payment for the Product is due on the day of purchase, and the Service Fee shall be paid as indicated on this Agreement. All past due amounts will incur interest at a rate of 1% per month or the maximum rate permitted by law, whichever is less. Customer agrees to have the credit card saved on file. Customer authorizes Company to charge the Service Fee and any late fees including Early Termination Fees. Company may retry to charge a payment if previous attempts have failed. Customer, if applicable, will be responsible for, and will promptly pay, all taxes and duties of any kind (including but not limited to sales, use and withholding taxes) associated with this Agreement.
1.2 Restrictions on Use. Customer will not: (a) modify, alter or improve the Product; (b) rent, lease, license, loan, resell, transfer, distribute or otherwise make the Product or the related services available to any third party without the prior written consent of the Company; (c) reverse engineer the Product (or any component thereof), or decompile or disassemble any software or firmware components of the Product, or authorize a third party to do any of the foregoing; or (d) mortgage, pledge or encumber the Product in any way.
1.3 Care of Product; Repair Warranty. Customer will use the Product only according to the instructions of Company. Upon delivery of Product to Customer or as otherwise directed by Customer, Customer assumes and will bear the risk of all loss or damage to the Product. The Products shall be covered under this warranty for a period of one year from the date of your purchase and as long as the Service Fee is timely paid. Company will repair or replace at no cost to the Customer any defective parts of the Product, except in connection with unauthorized use, use not in accordance with instructions provided by the Company, loss, damage caused by Customer. In any event Customer will pay the associated costs of delivery and replacement batteries.
1.4 Voice Function. The Product enables Customer to receive and transmit voice. Customer acknowledges and agrees that (i) Customer has the ability to operate such functionality remotely, including enabling and disabling such functionality; and (ii) Customer will use the Product and related services, including the voice functionality only according to applicable law, including privacy law. Customer waives any claim or demand against Company in connection therewith. Customer understands that the Company authorizes Customer to use the voice functionality in reliance upon this undertaking and waiver.
TERM AND TERMINATION.
2.1 Term. The term of this agreement will begin on the Effective Date and will remain in effect until Termination Date.
2.2. Unless terminated in accordance with its terms, this Agreement will automatically renew for successive terms of the Data Plan.
2.3 Termination. Either party may terminate this Agreement by written notice to the other party at least thirty (30) days prior to the termination of the applicable term. If Customer terminates this Agreement prior to the end of the applicable term in a yearly contract, Customer will be charged an Early Termination Fee of the aggregate sum of the payments that remained on your plan prior to termination. Company may terminate this Agreement immediately upon written notice to Customer in the event that Customer materially breaches this Agreement and an Early Termination Fee will apply.
IN NO EVENT WILL THE COMPANY (“CAS SAFETY SYSTEMS LTD”) BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE INSTALLATION OR USE OF OR INABILITY TO USE THE PRODUCT OR RELATED SERVICES OR FOR ANY ERROR OR DEFECT IN THE PRODUCT, INCLUDING INCORRECT DETERMINATION OF LOCATION, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
IN THE EVENT ANY LAWSUIT OR OTHER CLAIM IS FILED BY ANY OTHER PARTY AGAINST THE COMPANY OR ITS AGENTS, EMPLOYEES, AFFILIATES OR RELATED COMPANIES ARISING OUT OF THE PRODUCT OR RELATED SERVICES, THE CUSTOMER AGREES TO BE SOLELY RESPONSIBLE FOR, AND TO INDEMNIFY AND HOLD THE COMPANY COMPLETELY HARMLESS FROM, SUCH LAWSUIT OR OTHER CLAIM INCLUDING PAYMENT OF ALL DAMAGES, EXPENSES, COSTS AND LEGAL FEES. THESE OBLIGATIONS WILL APPLY EVEN IF SUCH LAWSUIT OR OTHER CLAIM ARISES OUT OF THE COMPANY’S NEGLIGENCE, FAILURE TO PERFORM DUTIES UNDER THIS AGREEMENT, STRICT LIABILITY, FAILURE TO COMPLY WITH ANY APPLICABLE LAW, OR OTHER FAULT.