a) These agreements are effective from Customer’s acceptance by ordering a subscription or upon the initial or continued use of the Service(s), whichever occurs first. These terms shall continue in force for as long as Customer receives Service(s) from ResTech and are current in all payments due in association with the Service(s), including payment(s) for lease of any Equipment. These terms shall terminate immediately and without additional notice when the Customer no longer receives Service(s) or Service(s) are terminated with ResTech.
b) Customer’s signature on the work order presented upon installation of Service(s) and/or Customer’s use of Service(s) are evidence of Customer’s agreement to those terms.
a)ResTech agrees to provide to Customer the Service(s) as set forth on the subscription, Service Order Agreement and/or Work Order.
b) At customer’s request, ResTech may, at its option, perform additional professional or technical services related to the Service(s) subscribed on an hourly time and material basis. Such additional services will be performed only with Customer’s advanced approval and will be invoiced at ResTech’s current rates.
3. Financial Responsibility
a) Invoice. Customer will be billed monthly or yearly in advance for Service(s) to be received, plus pro-rata charges, if any, for periods not previously billed. Subscriber shall pay amount due as listed on the bill.
b) Billing Information. Monthly and/or Yearly Services are set up by default as a recurring charge to the card on file. Customer agrees to provide ResTech with accurate and complete billing information. All changes must be reported to ResTech within 30 days of the change.
c) Fees. Customer agrees to pay all fees and charges for the Service(s) including but not limited to all applicable start-up fees, monthly or yearly usage fees, early termination charges, late fees, and other fees. If account is in default, ResTech may charge interest on amounts over due by 10 days or more at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law. Customer agrees to pay ResTech’s costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.
d) Returned Check. If Customer’s financial institution refuses payment for insufficient funds, closed or unauthorized account, or any other reason, Customer will be charged a $30 Insufficient Funds Fee for each instance in which such payment is refused. In addition, Customer’s Service(s) may be suspended and/or terminated.
e) Taxes. Customer shall remit to ResTech all sales or similar tax imposed on the provision of the Service(s).
f) Non-returned Equipment. If Customer fails to return Equipment undamaged and in good working order, by agreeing to these terms, ResTech is authorized to charge a fee for such equipment as set forth on the Service Order Agreement, Work Order and/or Equipment Lease Agreement. Charge amount to be determined in accordance with ResTech’s current schedule of charges for non-returned Equipment, which shall be due immediately.
4. Refund Policy
a) 30-Day Guarantee. ResTech will issue a full refund on canceled new orders for new Customers (those who have not been ResTech customers for 90 days prior to subscription) if Service(s) prove unsatisfactory.
b) Current Customers. If canceling within the billing cycle, a proration will be applied to the account. Any equipment associated with the Service(s) must be returned prior to release of refund/credit. Non-recurring subscription purchases are not refundable in addition to any installation fees that may apply.
c) Disruption of Service. All ResTech Services are provided on an “AS IS” and “AS AVAILABLE” basis. Subject to applicable law, ResTech may give credit with respect to Customer’s recurring monthly subscription fee for qualifying outages.
a) Ownership. ResTech is and shall remain the sole owner of all ResTech-owned Equipment. Equipment is provided to Customer on Leased basis only and Customer shall obtain no right, title, or interest in or to any of the equipment.
b) Use and Care. ResTech equipment is intended to service and reside at the specific Service location(s) and it is not to be used or relocated off premises without ResTech authorization. Customer is solely responsible for maintaining the equipment in proper working order and good condition subject to normal wear. Customer assumes and shall bear the entire risk of loss, theft, damage or destruction of the equipment, in whole or in part.
c)Defective Equipment. ResTech will repair and/or replace defective ResTech Equipment, if any, as long as such damage was not caused by misuse or other improper operations by Customer.
d) Disclaimer of Warranty and Limitation of Liability. THE EQUIPMENT IS PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RESTECH EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE EQUIPMENT. IN NO EVENT WILL RESTECH BE LIABLE TO THE CUSTOMER FOR ANY CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE EQUIPMENT OR THESE TERMS. IN NO EVENT WILL RESTECH’S ENTIRE AGGREGATE LIABILITY TO CUSTOMER IN CONNECTION WITH THE EQUIPMENT OR THESE TERMS EXCEED THE AMOUNT ACTUALLY RECEIVED BY RESTECH FROM THE CUSTOMER FOR LEASE OF THE EQUIPMENT.
a) By Customer. Unless otherwise stated, Customer Service Agreement shall automatically renew on a month-to-month basis. To cancel any recurring Service(s), Customer must call 608-663-3868 during ResTech’s Business Hours, or provide an email notice at Info@restechservices.net. Hardcopy written notice should be delivered to 2901 Latham Drive, Madison, WI 53713. Any ResTech Equipment must be returned within 5 business days.
b) By ResTech. The Agreement may be terminated by ResTech prior to the expiration of the Initial Term, or Extended Term, without liability as follows: (i) If Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer material violates any other provision of the Agreement, including the Acceptable Use Policy, and fails to cure the violation within thirty (30) days of a written notice from ResTech describing the violation in reasonable detail; (iii) If Service is used in violation of material term of the AUP more than once; or (iv) upon reasonable notice if ResTech is threatened with a legal claim for copyright or patent infringement related to the provision of the Service and is unable to modify the Serve in a way that avoids an ongoing risk of liability.
Any security deposit required of Customer for the Equipment or Service will be due and payable upon the first monthly billing. Such deposit will be returned to Customer within 30 days of termination of Service(s) so long as payment has been made for all amounts due on account and Equipment has been returned undamaged.
Customer agrees that rates may be adjusted from time to time, with notice, during the term of the Service Agreement.
9. Content and Services
All services are subject to change in accordance with applicable law.
10. Amendments to this Agreement.
ResTech reserves the right to modify this Agreement at any time in any manner to further detail or describe reasonable polices concerning the Customer use of the subscription. Customer continued use of the Service(s) shall be deemed acceptance of all modifications.