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SMART Terms and Conditions
Contract Period and Renewal
Unless explicitly stated otherwise in the Agreement, the “Contract Period” is three (3) years from the effective date of the Agreement.
If either Party does not wish to renew the Agreement, this Party must notify the other Party no later than three (3) months prior to the end of the Contract Period or any renewal period. If such notice is not given, the Agreement is automatically renewed and extended for an additional one (1) year from the end of the initial Contract Period or any renewal period.
Fees and charges
The Customer undertakes to pay a monthly fee as set out in the Agreement. The monthly shall be paid NET30 from the date of invoice, unless explicitly stated otherwise in the Agreement.
Turner Pest Control (“Turner”) may increase the annual fee with respect to any future year. If Turner increases any annual fee by more than the Permitted Increase, Turner shall notify Customer of any increase of the annual fee no later than three (3) months prior to date on which the next annual fee is due. In the case of such an increase by more than the Permitted Increase, the Customer may, at its option, terminate the Agreement (effective on the day prior to the next annual fee payment date) by delivering a written request for termination to Turner. Such termination request must be delivered to Turner not later than thirty (30) days after the Customer’s receipt of Turner notification of increase. Such termination will not relieve Customer of its obligations to pay any amounts due to Turner with respect to any period prior to the termination date.
Turner reserves the right to, in addition to the annual fee, charge the Customer for Turner’ performance of additional services (such as expedited service, technical service and troubleshooting), in each case as such additional services are mutually agreed by Customer and Turner.
In the event of a late payment a penalty interest in arrears will apply at LIBOR plus 3% (not to exceed the maximum interest rate allowable by applicable law and regulation).
Changes to the Agreement
Turner may from time to time modify the terms of the Agreement, including these Conditions. Any such change will not be effective against Customer unless Turner notifies Customer in writing of such potential changes no later than three (3) months prior to the proposed effective date of the change.
Notwithstanding the foregoing, with respect to any change to the Agreement reasonably required in order to comply with applicable law and regulation or reasonably necessary in order to provide the services, Turner shall give notice to Customer as soon as practicable under the circumstances, which notice must specify the effective date of the proposed change.
If the Customer does not accept the changes, the Customer may, at its option, terminate the Agreement by delivering a written request for termination to Turner not later than ten (10) days after the Customer’s receipt of Turner’ notification of the changes. In the event of such termination, Turner shall reimburse the Customer for any unused portion of the most recent prepaid annual fee (based on a 365 day year and actual number of days elapsed).
Equipment; Data; Intellectual Property Rights
Turner’ Equipment remains the property of Turner.
Standard installation of SMART monitoring devices includes one (1) SMART connect and two (2) SMART eyes. If any additional equipment is requested by the customer, the customer would pay per piece of requested equipment.
The Customer shall be responsible for safeguarding Turner’ Equipment. Without limiting the foregoing, the Customer shall reimburse Turner $69 per SMART device that is not returned in good standing within 30 days of cancellation.
Turner is entitled to enter the Object and repossess Turner’ Equipment upon the expiration, cancellation or termination of the Agreement.
The Customer, at its own cost, shall be responsible for disposing of the Customers’ existing hardware products in a manner which is environmentally friendly and consistent with applicable law and regulation.
Some Turner’ Equipment have an integrated system where Data (including information regarding the use and performance of the Turner’ Equipment, such as but not limited to equipment failures, observations of equipment performance, measurement data, sensor levels) is stored automatically. Such Turner’ Equipment may digitally send, upload, communicate or transmit Data to Turner for use by Turner in accordance with this section 9.5.
All Data relating to the Service is owned by Turner.
Turner may use Data for any purpose including but not limited to provide and manage the Service, statistical purposes, development of the Service, Turner’ Equipment and other Turner products or services, research and marketing. To the extent that personal data of Customer’s users is included in the Data, Turner will not share or disclose personally-identifying information of Customer’s users except as required to provide the Service and to comply with applicable laws.
All Intellectual Property Rights in, the Service, Data and/or Turner’ Equipment is and remains the property of the Turner (and its licensors).
If the Customer provides Turner with ideas, comments or suggestions relating to the Service and/or Turner’ Equipment all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, services, methods, enhancements, modifications or derivative works), are owned solely by Turner and Turner may use or disclose the feedback for any purpose.
Nothing in this Agreement shall operate to assign or transfer any Intellectual Property Rights from Turner to the Customer.
For the purposes of this Section 9, “Service” means the services to be provided to Customer by Turner under this Agreement.
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