TERMS AND CONDITIONS

Terms and Conditions

The OnsiteView.com Product owned and operated by OnsiteView.com is provided to the Client under the terms and conditions of this End User Terms of Service, and any revisions, operating rules or policies that may be published by OnsiteView.com on the OnsiteView.com website (collectively, "TOS" or "Terms of Service"). The TOS, and any attachment expressly referenced in this TOS, is the complete and exclusive statement of the Agreement between OnsiteView.com and Client and supersedes any prior agreement, oral or written, relating to the subject matter of the TOS. BY USING THE OnsiteView.com PRODUCT, CLIENT AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. IF YOU DISAGREE WITH ANY PART OF THESE TERMS OF SERVICE, DO NOT USE OR REGISTER FOR THE USE OF THE OnsiteView.com PRODUCT.

Access To Site

OnsiteView.com expressly prohibits the use of devices (including software) designed to provide repeated automated access to the online system and its Content for any purpose. We reserve the right to take all measures necessary to prevent such access, including denial or termination of service. Only human user-based access is permitted.

Billings/Payments

Invoice shall be considered PAST DUE if not paid within 30 days after the invoice date and OnsiteView.com Corporation may without waiving any claim or right against Client, and without liability whatsoever to the Client, terminate the performance of the service. Retainers shall be credited on the final invoice. A service charge will be charged at 1.5% (or the legal rate) per month on the unpaid balance. In the event any portion or all of an account remains unpaid 90 days after billing, the Client shall pay cost of collection, including all reasonable attorneys' fees.

Returns and Refunds

All returns require written authorization. Items shipped to OnsiteView.com without written authorization will not be eligible for a refund and will be returned to sender.

New cameras in an unopened box can be returned for a two-thirds refund within 30 days of purchase. Open box cameras and used cameras can be returned within 30 days of purchase subject to a 40% restocking fee. All sales are final on custom orders and non-OnsiteView.com branded items.

Buyer is responsible for return shipping cost. After 30 days no returns are allowed. Items to be returned must be 100% intact, in the original packaging with all components, cables and/or accessories. We cannot accept items not in the original packaging. If a product is being returned as new, but has clearly been used or damaged prior to its return, we reserve the right to refuse refund completely.

There are no refunds on service. Clients who have a contract or prepaid contract may cancel their contract at any-time subject to paying the difference between their contract rate and the non-contract rate for the term used. For clients with prepaid contracts, should they cancel a prepaid contract and have a remaining credit, then this credit may only be used towards future service from OnsiteView.com. All credits expire within 12 months.

Return process:

Contact OnsiteView.com to discuss the return
Obtain written authorization from OnsiteView.com for return
Ship equipment in original OnsiteView.com packaging to OnsiteView.com
Send corresponding shipment tracking information to OnsiteView.com
Include written description of reason for return with package

Risk Allocations/Limitation of Liability

It is agreed that Client will limit any and all liability for any damage on account of any error, omission or other professional negligence to a sum not to exceed the amount of the fee. If Client prefers to have higher limits of liability, the limits can be increased by Client's written request at the time of acceptance of this proposal, provided that Client agrees to pay an additional consideration for the higher liability limits because of the greater risk assumed.

Availability of Service

OnsiteView.com uses various coverage maps based on computerized, mathematical predictions of expected coverage. Given the nature of wireless radio engineering, it is impossible to predict with 100% certainty whether a site will have coverage. Actual coverage area may differ substantially from that shown on coverage maps, and coverage may be affected by such things as terrain, weather, foliage, buildings and other construction, signal strength, equipment and other factors. OnsiteView.com does not guarantee coverage, and coverage is subject to change and may not be relied upon. In-building coverage can and will be adversely affected by the thickness/construction type of walls, or location in the building (e.g., in the basement, in the middle of the building with multiple walls, etc.)

Weather Data

Weather data is provided by sources including AccuWeather, Inc. OnsiteView.com and AWI disclaim all warranties regarding the accuracy, completeness, currency or reliability of the weather data including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, non-infringement or otherwise arising by law or statute. You agree that your use of, or reliance upon, the weather data is at your own discretion and risk. The AccuWeather logo is a trademark of AccuWeather, Inc.

Installation & Support

Client is responsible for testing and installation of the OnsiteView.com Camera System (the "System"). It is the Client's responsibility to install the System per all local codes and requirements. Client shall provide an onsite contact person who is able to provide basic services necessary for the maintenance and operation of the camera including testing, installation and, from time to time, confirmation on the status of System's indicator lights. Should the System require replacement, OnsiteView.com will provide a replacement System (within the US) at no cost to the Client. Client's site contact shall be able to install the replacement System at no cost to OnsiteView.com. Client is responsible for the return of the original unit within 30 days of the replacement unit arriving at site. If the original unit is not returned to OnsiteView.com’s office within 30 days of the replacement unit arriving on site, Client agrees to purchase the replacement unit at the price of the original unit which was not returned.

Ownership Documents

All images and time-lapse footage created under this Agreement are instruments of service and are, and shall remain, the property of OnsiteView.com, including all intellectual property rights to them, until such time as they are paid for in full by the Client at which time their ownership shall pass to the Client.

All intellectual property and other materials owned by OnsiteView.com, including but not limited to trademarks, patents, pending patents, embedded software, and server software, shall remain the exclusive property of OnsiteView.com Corporation. Notwithstanding the foregoing, OnsiteView.com reserves the right to use limited samples of the photos and time-lapse footage produced for the Client for OnsiteView.com's marketing and promotional purposes.

Applicable Law

Unless otherwise specified, venue and the choice of law for this Agreement shall be governed by the laws of the State of Texas.

Safety

OnsiteView.com shall not be responsible for site safety and shall have no right or obligation to direct, interfere with, or stop the work of Client's contractors, agents, or employees. Should OnsiteView.com provide observations or monitoring services at the job site during construction, Client agrees that, in accordance with generally accepted construction practice, the Contractor, or Client, will be solely and completely responsible for working conditions on the job site, including safety of all persons and property during the performance of work and compliance with OSHA regulations, and these regulations will apply continuously and will not be limited to working hours. Any monitoring of the Contractor's procedures conducted by OnsiteView.com does not include review of the adequacy of the Contractor's safety measures in, on, adjacent to, or near the project site.

Services

System services include the acquisition, transfer, backup, viewing access via the interface on the Internet, and online storage of images subject to payment by Client. In addition, continuous upgrades to the System will also be included.

Should the System require replacement, OnsiteView.com Corporation may, at its discretion, use a new or reconditioned System.

Images will be permanently removed when the account they are associated with has had no billable archiving service for a period of 12 months. This process will occur at periodic intervals so Client should assume that after 12 months, any images associated with these accounts will be permanently removed.

Limited Liability

Client expressly agrees that use of the System is at Client's sole risk. Neither OnsiteView.com Corporation, its employees, affiliates, agents, third party information providers, merchants, licensers, or the like, warrant that the System service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the System. Under no circumstances, including negligence, shall OnsiteView.com Corporation, its officers, agents or anyone else involved in creating, producing, or distributing the System be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the System; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God or Nature, communication failure, theft, destruction or unauthorized access to records, programs or services. Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in agreement, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement.

Client expressly understands and agrees that it has no contractual relationship whatsoever with the underlying wireless service provider or its affiliates or contractors and that Client is not a third party beneficiary of any agreement between OnsiteView.com and the underlying carrier. In addition, Client acknowledges and agrees that the underlying carrier and its affiliates and contractors shall have no legal, equitable, or other liability of any kind to Client and Client hereby waives any and all claims or demands therefore.

Lawful Purpose

Client may only use the System for lawful purposes. Transmission of any material in violation of any federal, state or local law is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets.

Indemnification

Client agrees to indemnify OnsiteView.com Corporation against liability for any and all use of the Client's account.

Client agrees that it shall defend, indemnify, save and hold OnsiteView.com Corporation harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, asserted against OnsiteView.com Corporation, its agents, its clients, servants, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees, or assigns. Client agrees to defend, indemnify and hold harmless OnsiteView.com Corporation against liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed by Client in connection with the use of the System; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold in conjunction with using the System.

Continuous Product Improvement

OnsiteView.com Corporation reserves the right to modify, add, or remove all services and features of the System at any time.

Please report any violations of the TOS to:
OnsiteView.com
3333 Lee Parkway, Suite 600
Dallas, Texas 75219
512-301-2848

Revised: February 2019