Secure Cloud Video Agreement
An M Sauer Company / Security Unlimited representative will contact all new auto-pay Secure Cloud Video Services' clients, and fill in the needed information while on the phone. A finalized copy of the contract will be emailed to the client upon completion.
CLOUD VIDEO STORAGE AGREEMENT
TERMS OF SERVICE
This agreement is made ___________ day of ______________, 20______ by and between SECURE CLOUD VIDEO SERVICES, LLC herein referred to as “COMPANY”, and the companies listed below, herein referred to as “Subscriber”.
This is an agreement between the companies listed below, referred to as (“Subscriber”) and SECURE CLOUD VIDEO SERVICES, LLC, or SCVS referred to as (“COMPANY”). SCVS will be storing video footage remotely, on cloud video storage system located at SCVS offices, off of NVRs which located at the facilities listed below:
(Company Name) (Street Address) (City)
(City) (State) (Zip Code)
(E-mail Address) To send billing reminder/Update as necessary
1.CLOUD VIDEO SERVICE: Service will commence when SECURE CLOUD VIDEO SERVICES, LLC has processed Subscriber’s paperwork, billed Subscriber’s credit card for the first month’s dues of the 2-year contract of Cloud Video Storage service.
2.TERM: This agreement is to be paid monthly at the first (1st) of the month via check or credit card. If the Subscriber chooses to use a CC, the subscriber authorizes SECURE CLOUD VIDEO SERVICES, LLC to charge Subscriber’s credit card for three years on a monthly basis for Cloud Video Storage services, and if Subscriber so chooses, a maintenance plan as well, as specified in paragraph 18. This procedure will be repeated monthly unless Subscriber or SECURE CLOUD VIDEO SERVICES, LLC terminates service. All terminations/cancellations MUST BE DONE IN WRITING 30 days prior to cancellation.
3.PAST DUE STATUS: Should client’s account become ‘PAST DUE’ for any reason, SECURE CLOUD VIDEO SERVICES, LLC may, at its option and without notice to client, cease to store video files. Client also understands that a charge of $ 100.00 will be required before video storage can be restored.
4.INSURANCE: Subscriber acknowledges and agrees that SECURE CLOUD VIDEO SERVICES, LLC is insurer, that subscribing cloud video storage will not replace insurance of any kind or pay any insurance deductible(s), that cloud video storage cannot protect against loss, and that SECURE CLOUD VIDEO SERVICES, LLC cloud video storage service will not be held responsible in any way should loss occur.
5.LIABILITY: Subscriber fully understands that SECURE CLOUD VIDEO SERVICES, LLC assumes NO LIABILITY OR RESPONSIBILITY whatsoever for the serviceability, operation, maintenance or function of Subscriber's video surveillance system. Additionally, SECURE CLOUD VIDEO SERVICES cannot guarantee to provide cloud video storage if: a) the subscriber’s video equipment is in poor working order; b) has not been repaired after Subscriber has been notified service is needed; c) loss of power at the subscriber's facility d) the subscriber’s video equipment has been, moved, disconnected, or altered. e) loss of internet access at the subscriber’s facility. f) loss of internet access at SECURE CLOUD VIDEO SERVICES,LLC facilities ________Initials
If excessive breakdowns at the subscriber’s facilities are caused by ANY reason, including but not limited to user error or malicious behavior, carelessness, unintended use of the alarm system, SECURE CLOUD VIDEO SERVICES may, at its sole discretion, deem the same to be a material breach of contract on the part of the Subscriber and may, at its sole discretion, be excused from further performance.
6.COMPANY IS NOT AN INSURER: LIQUIDATED DAMAGES; LIMITATION OF LIABILITY: It is understood that SECURE CLOUD VIDEO SERVICES, is not an insurer: that insurance, if any, shall be obtained byte Subscriber: that the payments provided herein are based solely on the value of the services set forth herein and are unrelated to the value of the Subscriber’s property or the property of others located on Subscriber's premises; that SECURE CLOUD VIDEO SERVICES, makes no guaranty or warranty, including any implied warranty of merchant ability of fitness that the equipment or services supplied will avert or prevent occurrences or the consequences from which the system or service is designed to detect or avert.Subscriber acknowledges that it is impractical and extremely difficult to fix the actual damages, if any, which may approximately result from a failure to perform any of the obligations herein, or the failure of the system to properly operate with the resulting loss to Subscriber because of but not limited to:
a. The uncertain amount or value of Subscriber’s property or the property of others kept on the premises which may be lost, stolen, destroyed, damaged or otherwise affected by occurrences which the system or service is designed to detect or avert;
b. The uncertainty of the response time of any police, fire department or alarm response company dispatched as a result of a signal from or at the premises;
c. The inability to ascertain what portion, if any, of any loss would be approximately caused by Secure CLOUD VIDEO SERVICES or its AGENTS failure to perform or by a failure in it's equipment to operate;
d. The nature of the service to be performed by SECURE CLOUD VIDEO SERVICES, LLC or its Agents.
7. COMMUNICATION LINK DISCLAIMER: Subscriber acknowledges that Subscriber’s video surveillance equipment utilizes an open port with external IP address on its own network, which communicates with Secure CLOUD VIDEO SERVICES software & cloud sever via Internet service, by any communication path unknown now but utilized in the future and that the serviceability of any communication path is COMPLETELY BEYOND THE CONTROL OF SECURE CLOUD VIDEO SERVICES, LLC. Subscriber agrees to hold SECURE CLOUD VIDEO SERVICES, LLC harmless for any and all loss as a result of any and all forms of communication failure.
8. FAILURE TO PERFORM: SECURE CLOUD VIDEO SERVICES assumes NO LIABILITY for failure to perform because of, but not limited to, labor trouble, riots, floods, power outages, communication failures,acts of God, or any catastrophe or condition beyond its control and is NOT REQUIRED to perform service while any such condition exists. SECURE CLOUD VIDEO SERVICES shall have the right to cancel an existing agreement with or without notice in the event any Internet Service Provider discontinues certain grades of service if Subscriber’s premises including communication capability or SECURE CLOUD VIDEO SERVICES infrastructure should be destroyed or rendered inoperative by fire or other catastrophe.
9 .DAMAGES: Subscriber understands and agrees that if SECURE CLOUD VIDEO SERVICES should be found liable for loss or damage due to failure of SECURE CLOUD VIDEO SERVICES, LLC or its AGENTS to perform any of the obligations herein, including but not limited to installation, maintenance, monitoring or service, or the failure of the system or equipment in any respect whatsoever, SECURE CLOUD VIDEO SERVICES and its AGENTS liability shall be limited to a sum equal to the total of Two Hundred and Fifty ($250.00) dollars as liquidated damages and not as a penalty and this liability shall be exclusive; and that the provisions of this section shall apply if loss or damage, irrespective of cause of origin, results directly or indirectly to persons or property, from performance or non-performance of the obligations imposed by this contract, or from negligence, active or otherwise, of SECURE CLOUD VIDEO SERVICES, SECURE CLOUD VIDEO SERVICES or its AGENTS, ASSIGNS, or EMPLOYEES.
10. WARRANTY OR INTERCHANGEABILITY: SECURE CLOUD VIDEO SERVICES, LLC makes no expressed or implied warranties as to any matter whatsoever, including, but without limitation, the condition of the equipment, it’s merchant ability or its fitness for any particular use.
11. SUBSCRIBER’S DAILY OPERATIONAL OBLIGATIONS AND RESPONSIBILITY: Subscriber agrees to carefully and properly test and monitor its video surveillance system daily, including walk test for movement detection, and will notify SECURE CLOUD VIDEO SERVICES of any operating defect and have it repaired in a timely manner.
12. POLICE DEPARTMENT/LOCAL, STATE REGULATIONS, SUBSCRIBER’S SOLE RESPONSIBILITY: If Subscriber's local police department requires a permit, Subscriber agrees to pay for, get and immediately forward a copy of permit to SECURE CLOUD VIDEO SERVICES at its address of record. Subscriber understands and accepts that SECURE CLOUD VIDEO SERVICES is NOT RESPONSIBLE for maintaining Subscriber’s police permit, paying local fees associated with police permits or permits of Any kind. Subscriber assumes ALL responsibility and liability for the maintenance and compliance with local,state and federal regulations as they currently apply to security services and Subscriber agrees to diligently follow and pay for all local, state and federal ordinances as they apply to Subscriber’s relationship with Secure CLOUD VIDEO SERVICES for the life of their mutual business relationship. Additionally,Subscriber understands and accepts that SECURE CLOUD VIDEO SERVICES is not responsible for false alarm charges, will not pay them, and that police response or lack of police response may be due wholly or in part to having Subscriber’s alarm account, if applicable, current with the local police department.
13. RECONNECT FEES: If cloud video service is suspended for ANY reason, Subscriber agrees to pay a minimum $ 100.00 re-connect and processing fee and authorizes SECURE CLOUD VIDEO SERVICES to charge SUBSCRIBER’S credit card for the re-connect fee prior to the re-establishment of alarm monitoring service.
14. INCREASES IN OPERATING EXPENSES: SECURE CLOUD VIDEO SERVICES shall have the righto increase the annual charges provided herein to reflect any additional taxes, licenses, permits, insurance premiums, fees or charges which hereafter may be imposed on SECURE CLOUD VIDEO SERVICES by any utility, governmental agency or insurance carrier(s) relating to the service(s) provided under the terms if this Agreement and Subscriber agrees to pay the same or cancel service.
15. OWNERSHIP: SECURE CLOUD VIDEO SERVICES, yard signs, window decals, telephone stickers and anything with the SECURE CLOUD VIDEO SERVICES, LLC identifier shall remain the property of SECURE CLOUD VIDEO SERVICES. Subscriber acknowledges that none of the above is for sale and that all are used only with permission by SECURE CLOUD VIDEO SERVICES during the period of service of Subscriber's alarm system by SECURE CLOUD VIDEO SERVICES.
16. NOTE: If any terms or provisions of this Agreement shall be determined to be invalid or inoperative, all of the remaining terms and provisions shall remain in full force and effect.
17. ASSIGNMENT: This agreement is not assignable by Subscriber without written consent of SECURE CLOUD VIDEO SERVICES. SECURE CLOUD VIDEO SERVICES, LLC shall have the right to assign this agreement or subcontract any of the services it may perform. There are NO VERBAL understandings changing or modifying this Agreement.
18. FEATURES AND SERVICES: STANDARD CLOUD VIDEO STORAGE $9.75/mo PER IP CAMERA
COMPANY will download and store 180 days of video footage onto a Cloud Video Server
COMPANY will provide law authorities video footage of emergency occurrences
COMPANY will provide the subscriber with a monthly report of dates of video footage available on the cloud
•SCVS will download and store 180 days of video footage onto a Cloud Video Server
19. OPTIONAL PROFESSIONAL SERVICES & CHARGES: Can be ordered as needed in writing via mail, favor e-mail ONLY.
•IP Camera NVR Maintenance Plan
•Repair/replace non functioning IP cameras
•Repair/replace non functioning NVR Labor charges will apply at $145.00 for the first hour and $100.00 per hour after
$ 2.00 per camera per month
$ 5.00 per NVR per month
20. Subscriber has read, understands and accepts the terms of this Agreement and is signing up for Cloud Video Service/Maintenance Plan:
☐ Cloud Video Services @ $ 9.75 per month per IP Camera___________Initial
☐ Maintenance Plan $2.00 per month per IP Camera/ $5.00 Per month per NVR ___________Initial
21.Subscriber authorizes SECURE CLOUD VIDEO SERVICES, LLC to charge my credit card now for the amount I have agreed to above and authorizes SECURE CLOUD VIDEO SERVICES, LLC to charge my credit card for services and charges that may occur during the term of this AGREEMENT.
NOTE: IT IS YOUR RESPONSIBILITY TO INFORM SECURE CLOUD VIDEO SERVICES OF ANY UPDATES OR CHANGES WITH THE ABOVE LISTED CREDIT CARD.
Failure of your credit card company to accept your credit card and/or the charges billed by SECURE CLOUD VIDEO SERVICES will result in the IMMEDIATE SUSPENSION of ALL SERVICES provided by SECURE CLOUD VIDEO SERVICES, LLC. Services WILL NOT be restored until said debt has been satisfied and a SUSPENSION/REINSTATEMENT CHARGE of $ 50.00 has been paid.
Customer signature: ____________________________________ Date: _______________
Print name: ___________________________________________
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