Purchase Terms & Warranty

Purchase Terms

By purchasing/leasing the SiteCams Camera System the End User or Customer is in agreement to all terms located within this “Purchase Terms and Conditions” document. These Terms and Conditions may not be altered, supplemented or amended by the use of any other document(s). Any such attempt will be null and void unless otherwise agreed to in a written agreement signed by the End User and SiteCams, LLC.
If any provision of the Terms and Conditions is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of these conditions.

Billing / Payment

SiteCams accepts credit cards, checks, and ACH bank wire transfers.

Monthly Service Plan

Payments for the Monthly Service plan are billed in advance of the upcoming month of service and will commence upon shipment/delivery of the initial order of Product(s) and Service Plan(s). The Monthly Service plan includes the use of the User Interface, camera software, cloud storage, and cellular communications.
Payment for monthly service shall be automatically debited from either the credit/debit card or checking account on file monthly each month of service for the following month’s service or paid upon receipt.

In the event that a credit card is not valid or does not allow charges, and the customer does not remedy the unpaid balance within ten business days (10), SiteCams reserves the right to disconnect service, without prior notice. Unpaid balances plus a One Hundred Fifty Dollar and 00/100 ($150.00) per line reconnection fee will be required to be paid in full, prior to the restoration of services.
Cameras may be required to be returned to SiteCams prior to reconnection, at owner’s expense.

Security & Storage of Images

All video and images will be stored on SiteCams’ secure cloud database or on device. The privacy of videos & images that are stored are protected by a username and password(that is configurable per customer). SiteCams shall bear no responsibility whatsoever for any videos or images stored on the SiteCams database or devices.
To the exclusion of customers under voluntary suspension and/or termination, for which the retention of images is already discussed in these Terms and Conditions, customer’s image and video content shall be retained on the SiteCams secure cloud database or devices.

Images stored in the SiteCams cloud database will be available for download periodically. Clients will be given the opportunity to save that data or let it expire. SiteCams does not guarantee the retention of images beyond 30 days. Each device records video locally and that video overwrites itself when it is full. We expect up to 7 days of recording to be available at any given time from the date on which it was recorded but varies upon site variables.
SiteCams cannot guarantee the image quality or availability.

Cellular Data Service

SiteCams utilizes various coverage maps based on computerized, mathematical predictions of expected coverage provided by the cellular providers. Immediate low lying areas may have intermittent coverage due to the terrain. The actual coverage area may differ from that shown on coverage maps, and such things as weather, foliage, buildings, and other factors may affect coverage.
SiteCams does not guarantee coverage and coverage is subject to change. In buildings, coverage will be adversely affected by wall thickness/material and locations within a building (i.e. basements and sub-terrain locations).
SiteCams utilizes the cellular providers cellular coverage maps to determine the best SIM card provider for the User’s camera deployed location and is not responsible to ship a camera back to the SiteCams facility if a camera does not connect to the cellular network. If the User’s camera fails to connect or needs a change in the cellular provider, it is the responsibility of the User to ship the camera back to the SiteCams facility.

Customer Initiated Suspension or Termination of Service

In the event a Customer wishes to temporarily suspend service, notice must be received in writing via posted mail or email no later than ten (10) business days prior to the next payment date.
The written request must include the requested suspension date and duration of the suspension. Customer Initiated Suspension of Service shall not exceed two (2) months.
During a Customer Initiated Suspension of Service, access to download all recorded content up to the date of suspension can be made available for viewing or download. Cameras may be required to be returned to SiteCams prior to reconnection, at owner’s expense.
In the event a monthly recurring customer requests a termination of service, the request must be received in writing via post or email, ten (10) business days prior to the next payment date. Upon receipt of notice of termination, monthly billing shall cease.

Customer Requested Termination of Service

In the event of disconnection of service for nonpayment or late payment, or any other breach of these Terms and Conditions, a one hundred fifty dollar and 00/100 ($150.00) per line of service reconnection fee shall be applied to the outstanding balance, and shall be due and payable prior to the reconnection of services.
In the event of any failure to pay for service that extends beyond thirty days (30), all photo and video content stored in the SiteCams database will be deleted.
To Voluntarily postpone service written notice by email (info@sitesecurity.group) or regular mail is required to cancel service within ten (10) days of the end of the billing cycle. To reinstate service, a written request will be required again.

Termination of Service

Written notice by email (info@sitesecurity.group) or regular mail is required to cancel service within ten days (10) of the end of the billing cycle.

Prepaid Early Termination of Service

In the event of early termination of prepaid service, each line of service disconnected shall receive twenty-five percent (25%) of the remaining prepaid balance as a refund within sixty days (60) of the date of termination.

EQUIPMENT LEASE AGREEMENT

THIS EQUIPMENT RENTAL AGREEMENT (this “Agreement”) dated on the date of purchase/lease.
BETWEEN: SiteCams LLC of 5701 W Slaughter Ln A130-408, Austin, TX 78749 (the “Lessor”)
OF THE FIRST PART – AND –
Business/Person who purchased a lease product (the “Lessee”)
OF THE SECOND PART
(the Lessor and Lessee are collectively the “Parties”)
IN CONSIDERATION OF the mutual covenants and promises in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Lessor leases the Equipment to the Lessee, and the Lessee leases the Equipment from the Lessor on the following terms:

Definitions

The following definitions are used but not otherwise defined in this Agreement:

• “Casualty Value” means the market value of the Equipment at the end of the Term or when in relation to a Total Loss, the market value the Equipment would have had at the end of the Term but for the Total Loss. The Casualty Value may be less than but will not be more than the original purchase price of the Equipment.
• “Equipment” means the camera system as provided which has an approximate value of $1,000.00.
• “Total Loss” means any loss or damage that is not repairable or that would cost more to repair than the market value of the Equipment.

Lease

The Lessor agrees to lease the Equipment to the Lessee, and the Lessee agrees to lease the Equipment from the Lessor in accordance with the terms set out in this Agreement.

Term

The Agreement commences on the date of purchase and will continue on a month-to-month basis (the “Term”).

Rent

The rent, exclusive of sales tax, will be paid in installments of the listed amount at time of purchase, each month, in advance, beginning after shipment/delivery of the order being placed and will be paid on each subsequent month throughout the Term (the “Rent”).

Use of Equipment

The Lessee will use the Equipment in a good and careful manner and will comply with all of the manufacturer’s requirements and recommendations respecting the Equipment and with any applicable law, whether local, state or federal respecting the use of the Equipment, including, but not limited to, environmental and copyright law.
The Lessee will use the Equipment for the purpose for which it was designed and not for any other purpose.
Unless the Lessee obtains the prior written consent of the Lessor, the Lessee will not alter, modify or attach anything to the Equipment unless the alteration, modification or attachment is easily removable without damaging the functional capabilities or economic value of the Equipment.

Warranties

The Equipment will be in good working order and good condition upon delivery.
The Equipment is of merchantable quality and is fit for the following purpose: Site Camera System.

Loss and Damage

To the extent permitted by law, the Lessee will be responsible for risk of loss, theft, damage or destruction to the Equipment from any and every cause.
If the Equipment is lost or damaged, the Lessee will continue paying Rent, will provide the Lessor with prompt written notice of such loss or damage and will, if the Equipment is repairable, put or cause the Equipment to be put in a state of good repair, appearance and condition.
In the event of Total Loss of the Equipment, the Lessee will provide the Lessor with prompt written notice of such loss and will pay to the Lessor all unpaid Rent for the Term plus the Casualty Value of the Equipment, at which point ownership of the Equipment passes to the Lessee.

Ownership, Right to Lease and Quiet Enjoyment

The Equipment is the property of the Lessor and will remain the property of the Lessor.
The Lessee will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner.
The Lessor warrants that the Lessor has the right to lease the Equipment according to the terms in this Agreement.
The Lessor warrants that as long as no Event of Default has occurred, the Lessor will not disturb the Lessee’s quiet and peaceful possession of the Equipment or the Lessee’s unrestricted use of the Equipment for the purpose for which the Equipment was designed.

Surrender

At the end of the Term or upon earlier termination of this Agreement, the Lessee will return the Equipment at the Lessee’s cost, expense and risk to the Lessor by delivering the Equipment to 7900 Hillock Terrace, Austin, TX 78744. If the Lessee fails to return the Equipment to the Lessor at the end of the Term or any earlier termination of this Agreement, the Lessee will pay to the Lessor any unpaid Rent for the Term plus the Casualty Value of the Equipment, at which point ownership of the Equipment will pass to the Lessee.

Insurance

No insurance coverage for the Equipment is required under this Agreement, but optional insurance is available.

Default

The occurrence of any one or more of the following events will constitute an event of default (“Event of Default”) under this Agreement:

• The Lessee fails to pay any amount provided for in this Agreement when such amount is due or otherwise breaches the Lessee’s obligations under this Agreement.
• The Lessee becomes insolvent or makes an assignment of rights or property for the benefit of creditors or files for or has bankruptcy proceedings instituted against it under the Federal bankruptcy law of the United States or another competent jurisdiction.
• A writ of attachment or execution is levied on the Equipment and is not released or satisfied within 10 days.

Remedies

On the occurrence of an Event of Default, the Lessor will be entitled to pursue the following remedies (“Remedies”):

• Declare the entire amount of the Rent for the Term immediately due and payable without notice or demand to the Lessee.
• Apply the Deposit toward any amount owing to the Lessor.
• Commence legal proceedings to recover the Rent and other obligations accrued before and after the Event of Default.
• Take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. The Lessee waives any and all damage occasioned by such taking of possession.
• Terminate this Agreement immediately upon written notice to the Lessee.
• Pursue any other remedy available in law or equity.

Assignment

THE LESSEE WILL NOT ASSIGN THIS AGREEMENT, THE LESSEE’S INTEREST IN THIS AGREEMENT OR THE LESSEE’S INTEREST IN THE EQUIPMENT WITHOUT THE PRIOR WRITTEN CONSENT OF THE LESSOR.
If the Lessee assigns without prior written consent, the Lessor will be entitled to all damages caused by the transfer, recourse to the Remedies, and any damages not reasonably preventable by the Lessor.

Address for Notice

Service of all notices under this Agreement will be delivered personally or sent by registered mail or courier to the following addresses:
Lessor: SiteCams LLC, 5701 W Slaughter Ln. A130-408, Austin, TX 78749
Lessee: Purchaser of Leased system

Governing Law

It is the intention of the Parties that this Agreement be governed by the laws of the State of Texas (the “State”), without regard to the jurisdiction in which any action or special proceeding may be instituted.

General Terms

• This Agreement may be executed in counterparts.
• Time is of the essence in this Agreement.
• This Agreement binds/exempts heirs, executors, successors, and assigns, as appropriate.
• Neither Party will be liable in damages or have the right to terminate this Agreement for any delay or default in performance if caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections, natural disasters, such as earthquakes, hurricanes or floods and/or any other cause beyond the reasonable control of the Party whose performance is affected.

Notice to Lessee