Please read this agreement carefully before installing your hosted remote video monitoring and surveillance equipment and services. By using the Service you agree to be bound by these terms and conditions.
IF YOU DO NOT WANT TO ACCEPT THESE TERMS AND CONDITIONS, DO NOT ACTIVATE AND/OR INSTALL YOUR HOSTED REMOTE VIDEO MONITORING AND SURVEILLANCE EQUIPMENT. You must be 18 years old to purchase a Product or Service and accept this Agreement. If you are ordering for a company, you’re representing that you’re authorized to bind it. You may cancel your Service if you inform us in writing or by calling us at 1-877-413-3896.
This is an agreement (“Agreement”) for hosted remote video monitoring and surveillance equipment and related services (“Service”) between you and Affinity View. The words “we”, “us”, or “our” collectively refer to Affinity View. You represent that you are at least eighteen (18) years of age and have the legal capacity to accept this Agreement. This Agreement explains the terms and conditions upon which we agree to provide you Service or products and you agree to accept any Service or products provided by us.
1. Changes to the Agreement. We may make changes to this Agreement or Service at any time upon thirty (30) days written notice to you, prior to the billing period in which the changes would go into effect. -- If you use the Service after the effective date of the changes as stated in the notice, then you have accepted the terms, rates and conditions of the Service. If the changes have a material adverse effect on you however, you can end the affected service, without any early penalty fee, after the effective date and informing us in writing or calling us at 1-877-413-3896 to cancel your Service. However, you may still be liable for payment of any outstanding unpaid costs of the installed equipment (if applicable) and/or any promotional offers you have received from us (if applicable).
2. Activating your Service. Prior to activating your Service, we may check your credit and verify your identity. Your Service is subject to credit approval prior to activating your Service and continuing credit approval while you are using our Service. You agree to provide us with accurate billing information, including your name, home address and telephone number. You must report any changes to this information to us within thirty (30) days of any change. You may be required to make a prepayment on your account if your credit has not been established to our satisfaction or if your credit or payment history becomes unsatisfactory to us. If you fail to provide the requested prepayment within five (5) business days of our request, you will be deemed in breach of your obligations under this Agreement and shall entitle Affinity View to suspend or terminate your Service immediately and without notice pursuant to Section 9. Upon activation of your Service, you will be charged a nonrefundable activation fee. This fee will be on your first monthly invoice. Please see below Section 4(b) First Bill.
3. Hosted Video Service Plan Subscription.
a. Service Plan Charges. You agree to pay the monthly service plan charges, and applicable equipment and installation fees, taxes, surcharges and any other applicable fees for Services you use -- Your rates, charges, minimum terms (if applicable) and credits are based on the Service Plan ordered in the signed Sales Order and Service agreement that you chose. Your Sales Order and Service Agreement becomes part of this Agreement. To the extent any condition in your Service Plan expressly conflicts with this Agreement, the conditions in your Sales Order and Service Agreement will govern. If at any time you change your Service Plan (increasing or reducing days of archiving, for example), you will be subject to any requirements, such as a new minimum term, we set for that change. Your Service Plan may be any of the following: no service term; pre-paid month-to-month basis; 2-year term, or 3-year term. If your Service Plan has an initial term (2-year term; 3-year term), this Agreement will continue on a month-to-month basis after the initial term is finished, unless a subsequent term Service Plan is selected by you. Read your Sales Order and Service agreement carefully. Your Sales Order and Service agreement describes the amount of days of archived video storage per camera, the amount of monthly fee associated with the Service Plan, and applicable equipment and installation fees included with the Service Plan.
b. Taxes , Surcharges and Miscellaneous Fees - You agree to pay all charges for federal, state, and where applicable local taxes we bill you. You also agree to pay any surcharges, access fees, governmental fees and similar fees, other Regulatory Fees, and other charges related to our governmental costs that we bill you. These charges may change at any time without notice.
4. Billing.
a. Bill Cycle - You will be billed monthly, generally beginning when your Service began. Billing cycles may change from time to time without notice. Monthly recurring charges and fees are usually invoiced one billing cycle in advance. The amount of recurring charge billed on the invoice depends upon the specific plan selected. Payment plan charges for surveillance equipment may be evenly billed amongst a predetermined number of invoices.
b. First Bill - Your first bill, among other things, may contain the following:
1. The sales tax amount from your equipment and accessory purchase;
2. The nonrefundable activation, site survey (if applicable) and installation fees;
3. The monthly recurring service fee for the next bill cycle and possibly a prorated amount for the current month.
4. If applicable, any credit for certain promotional offers.
c. Payment - You agree to pay all monthly recurring service fees, similar charges and surcharges we bill you, even if you did not authorize its use. Payment is due in full in U.S. dollars by the due date as stated on your bill. If you agree to pay your bill by an automatic withdrawal from a banking institution or credit account, we may request payment from the account for the full invoice amount without additional authorization from you. An additional fee may be imposed for certain methods of payment. If we do not receive your payment in full by the due date, we may charge you a late fee of the lesser of one and one half percent (1.5 %) per month or the maximum fee allowed by law of the unpaid balance. We may charge you a fee up to the maximum allowed by your state if a payment is denied by a financial institution.
d. Nonpayment and suspension and reactivation charges - If your bill is not paid in full by the due date, we may immediately and without notice suspend or terminate your Service pursuant to Section 9. If your Service is terminated and later reactivated, we may charge a reactivation fee.
e. Disputed charges - Please contact us at 1-877-413-3869 if you believe that you have been charged incorrectly. You shall submit all disputes to us within thirty (30) days of the date of the invoice in question. If you do not submit your dispute before the end of the thirty (30) - day period, then you shall be deemed to have waived the right to dispute the invoice. Both parties will use good faith efforts to resolve the dispute within forty-five (45) days from the Due Date of the invoice in question. If, at the end of the forty-five (45) day period, we resolve the dispute against you, we will notify you and all amounts that were the subject of the dispute shall be paid by you within two (2) business days of such notification. If we resolve the dispute in your favor then we will notify you and a credit for the disputed amounts shall be posted to the next invoice following such notice.
5. Use/Abuse of Service. You agree not to use our Service in an abusive, unlawful or fraudulent manner. You may not resell or lease Services to anyone. You are responsible for all use of our Services and charges incurred by your installed surveillance equipment including but not limited to the use by children or minors. If we suspect that you are using the Service in an abusive, unlawful or fraudulent manner, we may immediately and without notice suspend or terminate your Service pursuant to Section 9.
6. Changes to Service. You may change Service Plans at any time, however you may be charged a fee. Generally, any change will not be effective prior to the beginning of the next billing cycle.
7. Limitation of Liability of Surveillance Equipment and Service. We are not responsible for any defects or for the acts or omissions of the manufacturer. We will pass all manufacturers’ warranties on your devices and accessories directly to you. Affinity View does not have the ability to receive video transmission from the customer as a result of conditions beyond its control such as, but not limited to, war, strikes, fires, floods, acts of God, governmental restrictions, modem &communication failures, power failures, or damage or destruction of any network facilities or servers.
8. Limitation of Liability; Disclaimer of Warranties. IN THE EVENT OF ANY BREACH OF THIS AGREEMENT OR ANY FAILURE OF THE SERVICES WHATSOEVER, NEITHER AFFINITY VIEW NOR ANY OF ITS SUPPLIERS SHALL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, ACTUAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, EVEN IF AFFINITY VIEW OR THE SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AFFINITY VIEW MAKES NO WARRANTY WITH RESPECT TO THE SERVICE OR ITS PERFORMANCE UNDER THIS AGREEMENT. AFFINITY VIEW DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICES OR SURVEILLANCE DEVICE. WE DO NOT PROMISE ERROR-FREE OR UNINTERRUPTED SERVICES AND YOU AGREE TO HOLD US HARMLESS FOR ALL SUCH PROBLEMS. WE DO NOT AUTHORIZE YOU TO MAKE ANY WARRANTIES ON OUR BEHALF.
a. Limitations - We are not liable for any damages arising out of or in connection with any:
1. Act or omission by you, another person or company;
2. Failing to provide Services or problems with your Services or surveillance device;
3. Accidents or any health-related claims allegedly arising from the use of the Services or any surveillance device; or
b. Force Majeure – Affinity View shall not be liable, nor shall any credit allowance or other remedy be extended, for any failure of performance or equipment due to causes beyond Affinity View’s reasonable control.
c. Damages - If we are found to be liable to you for damages, you agree that any such damages shall not exceed the pro-rated monthly recurring charge for your Services during the affected period.
9. Termination of Service.
a. Termination of Service - We may terminate your Service as described in Sections 4(d) and 5 in this Agreement immediately and without notice to you (i.e. if we suspect fraud, abuse or unlawful activity or nonpayment of charges when due). We may terminate your Service and/or suspend your Service for any other breach of this Agreement or for any other business or governmental reason with notice to you.
b. Subscriber Termination of Service – You agree to notify us thirty (30) days in advance if you wish to cancel service. To notify us of your termination, please call us at 1-877-413-3869. You are responsible for making arrangements with other service providers to transition your services at time of cancellation. You are responsible for all charges incurred up to cancellation date and any past due amounts remaining on your bill. Cancellation of services by you with less than thirty (30) - day notice may result in being charged for an additional month’s recurring subscription fee and/or an early cancellation fee equal to one month’s recurring subscription fee.
10. Payment of Equipment Upon Termination of Service. Upon termination of service, subscribers who are under an express payment plan agreement for the surveillance equipment from us, must contact us at 1-877-413-3869, in order to make arrangements to pay the balance of the equipment in full upon termination of service.
11. Returns. There are no returns or exchanges on the video surveillance equipment whatsoever.
12. Defective equipment. Surveillance devices that become defective within one (1) year after purchase may be returned to the manufacturer for repair or replacement under the manufacturer’s warranty. Surveillance devices subjected to neglect, misuse, or water damage may not be returned under the manufacturer’s warranty. It is in the manufacturer’s sole discretion whether or not to replace or repair your wireless device. If the wireless device is replaced, it may be replaced with a refurbished wireless device. For information regarding return of your product or more specific information about returned products, call us at 1-877-413-3869.
13. Indemnification. You will defend, indemnify and hold harmless Affinity View and its respective officers, directors, employees, contractors and agents against and from any loss, debt, liability, damage, obligation, claim, demand, judgment or settlement including without limitation, attorneys’ fees and all reasonable costs and expenses of litigation arising out of, resulting from or based upon any complaint, claim, action, proceeding or suit to the extent that such claim arises out of any violation of this Agreement by you.
14. Notices. All notices to be sent to you pursuant to this Agreement shall be in writing and sent by electronic mail (“email”) to the email address associated with your account (if available), and/or US mail or private courier. Any email notice shall be deemed delivered when sent. Notices sent via U.S. mail or courier shall be deemed delivered two (2) days after the date sent.
15. Waiver and Amendment. The failure of Affinity View to enforce any provision hereof on one or more occasions shall not constitute the permanent waiver of such provision.
16. Settling a Dispute. We have made every effort to provide a service that will meet and exceed your expectations. If a dispute arises between us, please contact us and we will attempt to resolve the dispute fairly and amicably. If the dispute continues, you may also contact your governing state and/or federal agency in order to aid in settling our dispute. If we are still unable to resolve the dispute, you agree to SETTLE DISPUTES EXCLUSIVELY BY ARBITRATION, except for certain small claims actions, and further agree that arbitration or a small claims action will provide for exclusive resolution of any issue. We agree to arbitrate all disputes and court claims arising out of or relating to this Agreement, or to any prior oral or written agreement for equipment or services between us. As the only alternative to arbitration, either party may bring an individual action in small claims court. Except to the extent prohibited by law, all claims must be filed within two years of the date the claim arises.
17. Class Action Waiver. Whether a small claims court or arbitration, you agree to only bring claims against each of us in an individual capacity and not as a class representative or a class member in a class or representative action. You also agree that the arbitrator may not consolidate proceedings of more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
18. Choice of Law. This Agreement shall, in all respects, be governed by and construed and enforced in accordance with the laws of the State of Nevada, without respect to the state’s conflict of laws provisions. You acknowledge and agree that any action to enforce or interpret the terms of this Agreement or relating to the Services to be provided by Affinity View shall be instituted and maintained only in Clark County, Nevada. You hereby consent to the jurisdiction and venue of such court and waive any objection to such jurisdiction and venue.
19. Survival. No termination of this Agreement shall affect the rights or obligations of either party with respect to payment or with respect to other provisions of this Agreement that, by their sense and context, are intended to survive termination of this Agreement, including without limitation, indemnification, limitation of liability, governing law and forum selection.
20. Severability. If any term or provision of this Agreement shall, to any extent, be determined to be invalid or unenforceable by a court or body of competent jurisdiction, then the provision shall be deemed modified to the minimum extent necessary to be valid.
21. Assignment. Affinity View may assign its rights and duties at any time to any party without notice to you. You may not assign this Agreement without the prior written consent of Affinity View.
22. Costs and Attorneys’ Fees. If a proceeding is brought for the enforcement of this Agreement or because of any alleged or actual dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement or the Services, each party shall be responsible and liable for their own attorney’s fees and other costs and expenses incurred in such action or proceeding.
23. Inquiries. Any questions regarding the coverage provided under this Agreement should be directed to our authorized representative as follows: