General Purchase Terms & Conditions
Last updated: August 27, 2019
1. All conditions of this agreement are contained herein. No other promises or agreements will be accepted.
2. Information contained on the interview sheet, payment form (including payment term and billing information) is hereby incorporated into this agreement.
3. The parties hereto have read the terms of this application before signing the same and hereby agree that no statement, remark, agreement, or understanding, oral or written, not contained herein, will be recognized or enforced.
4. Due to the nature of custom design work, this application is not subject to cancellation or refund by the client once the design process begins.
5. Performance by Eyeconic.TV shall be contingent upon availability of materials and labor, acts of God, riots, warfare, government laws or regulations and/or conditions beyond its control.
6. Payment by major credit card, check, or bank draft shall be accepted. Checks shall be made payable to Eyeconic.TV. Sales Agents are not authorized to accept services and/or merchandise in trade. All orders are subject to approval by Eyeconic.TV’s home office. All payments are due upon order and are non-refundable.
7. Eyeconic.TV reserves the right to assign all or any part of this contract and the right to cancel contracts for any reason. In the event that Eyeconic.TV cancels this agreement, Eyeconic.TV shall return a prorated refund to the client for the current billing cycle.
8. Design completion times are based upon demand, revisions, and approvals. Most designs are completed within 15 business days, however, Eyeconic.TV does not guarantee completion times.
9. Eyeconic.TV Design and IT services are billed at $75 per hour unless covered under a service plan.
10. Eyeconic.TV holds no liability on account of errors in, or omissions of information in design resources provided by the client, or for any other reason. Eyeconic.TV accepts no responsibility for any trademark or copyright infringement for images delivered by client and/or its agents and affiliates.
11. Client shall be responsible for any late fees, interest or attorney fees accumulated in an attempt to collect past due balances on accounts.
12. By signing this application, the client agrees to submit to the jurisdiction of the State and Federal courts of Warren County, Kentucky and agrees that any litigation relating to the construction, performance, enforcement, interpretation, or any other aspect of this contract shall be conducted exclusively in those courts and shall be governed only by the laws of the State of Kentucky.
13. Due to the nature of the technology used to perform these services, it is expected that technology failures may occur from time to time. Eyeconic.TV responds to these issues in a timely manner. Eyeconic.TV is not responsible for failure of services related poor Internet connectivity at the client’s location.
14. Client agrees to not use the media developed by Eyeconic.TV for any purpose other than its intended purpose on Eyeconic.TV systems without the express written permission of Eyeconic.TV. Additionally, client agrees to make no changes or modifications to this media without the express written consent of Eyeconic.TV.
15. If any provision of this application is held to be invalid or unenforceable under the laws of the State of Kentucky, the validity of this application as a whole shall not be affected, and the other provisions of this application shall remain in full force and effect.
16. Eyeconic.TV is not responsible for damages that may occur to client property relating to the installation of the Eyeconic.TV system and equipment.
17. Client is responsible for providing Eyeconic.TV with power and Internet connectivity to establish a constant Internet connection for content uploads, content changes and maintenance.
18. When installation is applicable, Eyeconic.TV is responsible for only the assembly of components (including screen wall mounts) and connection of the system to power and Internet. Eyeconic.TV is not responsible for the installation of any electrical outlets, Ethernet ports, or ceiling mounting systems. All additional installation services must be purchased for an additional fee.
19. Eyeconic.TV agrees to not use the digital content provided by the client without the express written permission of the client.
Service Plan Terms & Conditions
1. RATE FOR CONTINUED SERVICES
The rate for the service plan shall be paid on a monthly basis beginning when the system is installed or 30 days after the hardware has been received by the client. Plan payments shall be electronically deducted by Eyeconic.TV from a credit or debit card, or bank account provided by Client. Any payment unable to be deducted on the due date shall be considered overdue and Eyeconic.TV may levy a late payment charge equal to 5% per month on any overdue amount. If Client is not current with payments, Eyeconic.TV is not responsible for any of its obligations contained herein. Certain terms and conditions of this agreement are subject to change from time to time based upon issues such as availability of resources and costs of performing services. These changes could include types of services and costs of services. Eyeconic.TV will provide client with a thirty day notice of any such changes.
2. MAINTENANCE CALLS
Eyeconic.TV agrees to provide remote maintenance & service. Eyeconic.TV may need the assistance of Client when attempting remote maintenance. If remote maintenance attempts fail, Eyeconic.TV will schedule an on-site service call to diagnose problems, and/or ship replacement equipment. Liability of the costs of these services and/or equipment will be on Client unless determined otherwise by Eyeconic.TV.
Eyeconic.TV shall provide training resources for interacting with and operating certain aspects of the Client’s system. Phone support is available during normal business hours. Remote assistance may be provided via webinar to assist Client in training efforts. These webinars shall be scheduled during the normal business hours of Eyeconic.TV.
4. SOFTWARE UPDATES
Any and all software upgrades relating to Clients purchased system will be delivered remotely at no cost to Client for the life of this Agreement.
5. REPAIR AND REPLACEMENT
The equipment purchased by the Client for this agreement comes with the manufacturer’s warranty. This warranty does not cover damage to equipment, either incidentally or intentional, caused by tampering, movement, attempts at modification, vandalism, or misuse of equipment. Acts of God and other damage covered by the Clients’ insurance policies shall be turned in to the insurance provider as a claim to be reimbursed to Eyeconic.TV for its costs in repair or replacement of the equipment caused by these covered incidences. If equipment needs to be replaced, there is no guarantee that an identical item will be available.
6. CONTENT CHANGES
The service plan covers standard content changes on a regular basis. This agreement does not cover photography and video shoots. A covered content change would include an image or language change in a video such as the update to the location rules, or company branded imagery.
7. TERM & TERMINATION
The term of this Agreement shall commence on the date of this agreement. This agreement shall continue for a minimum of 12 months. The client is obligated to the term, and the agreement will automatically renew on a month to month basis after the initial 12 months. If Client wishes to cancel service before the end of the minimum 12 month term, the balance of monthly service charges for all remaining months in the 12 month term must be paid in full to the Eyeconic.TV. Eyeconic.TV reserves the right to charge Client’s payment method for this balance. Once cancelled, all warranties related to the equipment purchased from Eyeconic.TV are no longer valid.
Client shall indemnify Eyeconic.TV against, and hold Eyeconic.TV harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney fees, resulting from failure to meet client’s schedule, and/or technological expectations.
9. SALE OR ASSIGNMENT OF CONTRACT
Eyeconic.TV retains the right of first refusal for the assignment or disposal through divestment or otherwise of this agreement to a third-party.
Eyeconic.TV makes no express or implied warranties regarding the profitability of this agreement or any other factors not covered in this agreement. This performance is based upon many factors that are out of the control of Eyeconic.TV.
11. MODIFICATION OF AGREEMENT
This instrument constitutes the entire agreement between the parties on the subject matter hereof, and it shall not be amended, altered or changed except by a further writing signed by the parties hereto. Certain terms and conditions of this agreement are subject to change from time to time based upon issues such as availability of resources and costs of performing services. These changes could include types of services and costs of services. Eyeconic.TV will provide client with a thirty day notice of any such changes.
Any notice required by this Agreement or given in connection with it, shall be in writing and shall be sent to Eyeconic.TV by email, or to its physical mailing address below:
2425 Nashville Road, B3
Bowling Green, KY 42101
13. BINDING AGREEMENT
The undersigned Client represents that he/she has the authority to enter in to this agreement. This Agreement is subject to the acceptance by Eyeconic.TV. It takes effect on the date first payment is made and continues in effect per the terms of this Agreement, unless cancelled in writing by either party after the initial 12 month term.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.