Terms of Service
Effective date: April 3, 2023
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 can not 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@ 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.
30-Day Money Back Return Policy
If the End User has not purchased the products or services via credit and, is not satisfied with the SiteCams service and/or products, the system can be returned for a full reimbursement (less the cost of shipping, installation and used software/cellular/satellite service) provided that there is no damage to the unit upon arrival at the SiteCams office.
For cameras returned within this time period, barring rejected requests for damaged units, the lease price and only the lease price will be reimbursed within sixty (60) days of receipt of camera(s).
Any customers wishing to return a camera must first request via email a Returned Merchandise Authorization form (“RMA”). A fully completed RMA must accompany any and all equipment (in each box of returned equipment) within the thirty day money back period or the request will be deemed invalid and denied for lack of documentation and/or returned outside the 30 day warranty period, as the case may be inclusively or independently. If the equipment is received in the 30 day money back period and an RMA is not in each box, the refund shall only be calculated for the equipment which was packaged correctly with an RMA. RMA forms may be requested from info@sitesecurity.group.
Cameras are to be returned to:
SiteCams, LLC. ℅ Ben Petersen 7900 Hillock Terrace, Austin, TX 78744.
Installation & Support
End User is responsible for installing the SiteCams Unit in a suitable location for operation. It is the End User’s responsibility to install and test the SiteCams Unit per all local codes and requirements.
If in a SiteCams Support territory you may contract SiteCams at your local areas rates and availability to handle installation for you.
Tech Support (888) 806-2826
Applicable Law
Unless otherwise specified, venue and the choice of law for these Terms and Conditions shall be governed by the laws of the principal place of business of SiteCams, LLC.
Intellectual Property
All intellectual property and other materials owned by SiteCams, including but not limited to trademarks, patents, pending patents, embedded software, server software, and hardware, shall remain the exclusive property of SiteCams, LLC.
Under no circumstances without direct guidance from SiteCams technical support is an End User to open the SiteCam or attempt to connect to or change any internal components or configurations.
Warranty
SiteCams, LLC warrants the Product to be free from malfunctions and defects in both materials and workmanship for twelve (12) months from the date of purchase (“Warranty Period”). SiteCams will repair or replace, at its option, the Product if it fails to function properly during the Warranty Period, subject to the conditions and/or limitations stated herein. Such repair or replacement is your sole remedy under this Warranty. The cost of shipping both to and from SiteCams’s principal place of business for all warranty repair(s) shall be the cost of the End User.
Removing any tamper tape on the Camera Housing or opening the housing in any way will automatically void the warranty.
This Limited Warranty does not cover the following:
- any defect in or damage to the Product that occurs due to mishandling of the Product;
- any defect in or damage to the Product that occurs due to repair, modification, or other similar activity after your lease of the Product;
- any defect in or damage to the Product that occurs due to the transport, dropping, shock, or other similar activity after your lease of the Product;
- any defect in or damage to the Product that occurs due to careless or improper storage, or improper use or maintenance of the Product;
- any defect in or damage to the Product that occurs due to foreign objects such as dirt or grime, sand, water or liquids entering the inside of the Product;
- change in cellular service by provider or inability for Product to connect to a cellular tower.
Warranty service will not be provided unless the Product is returned in the manner set forth below. The End User is responsible for shipping the Product back to the SiteCams facility on all Warranty claims. The Product must be shipped in the packaging materials, which it was received in.
SiteCams will inspect the Product and then contact User by email within seventy- two (72) hours to give the results of our inspection. There is no charge for inspection. However, if the warranty described above in paragraph does not cover the damage (i.e., the damage occurred as a result of misuse of the Product), SiteCams will undertake to repair damaged Products that are repairable, as determined in SiteCams’s discretion, provided that SiteCams will charge you $75/hr plus cost of material. Such repair and all shipping costs shall be invoiced directly to the User. SiteCams requires payment in full prior to releasing any Product back to the User. If during the inspection process SiteCams identifies a Warranty defect, the Product will be fixed, fully inspected, and shipped back to the User at no additional cost.
Any units that are stolen from a jobsite or destroyed have a replacement cost of $1,000. Please provide all information pertinent to the theft/destruction and SiteCams will review.
Limited Liability & Lawful Purpose
The End User agrees that the use or intent of SiteCams is at the End User’s sole risk. Under no circumstances, including negligence, shall SiteCams, LLC, 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, End User’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 End User paid for the Product (excluding cellular service) during the term of these Terms and Conditions.
Neither SiteCams, LLC, its employees, affiliates, agents, third party information providers, merchants, licensors, 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.
The End User may only use SiteCams for lawful purposes. Use 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.
The End User is responsible for ensuring the installation is completed in accordance with local laws and building regulations pertaining to electrical power as well as security licensing as required for cameras with recording capabilities.
Unconditional Acceptance and Future Modification(s)
The End User does hereby unconditionally accept the Terms and Conditions of Service and understands and unconditionally accepts that SiteCams reserves the right to amend and modify the Terms and Conditions of Service at any time, by providing the End User within thirty days (30) notice of such a change. This unconditional acceptance shall include increases in monthly service charges.
For customers who purchased products and services via credit issued by SiteCams to the customer, as a result of the customer completing the credit application, agreeing to undergo credit review, and subsequently being issued credit. The customer agrees to pay interest at the rate of 18% per annum or the highest rate allowed by law on any balance, which is not paid within the agreed upon terms; for purposes of calculating interest, the invoice date shall be the commencement date for accruing interest, penalties, and fees. PRODUCTS AND SERVICES PURCHASED ON CREDIT ARE NOT ELIGIBLE FOR THE 30-DAY MONEY BACK GUARANTEE. Should a customer’s account fall into a default status requiring SiteCams to seek outside assistance to collect the balance owed. The customer agrees to pay all expenses incurred through the full collection of the balance owed including collection agency fees, attorney fees, court costs, and interest as specified herein as governed by the laws of the state and local municipalities, for which, Texas, Travis County shall be the jurisdiction and venue.
Indemnification
The End User agrees to indemnify SiteCams, LLC against liability for any and all use of the SiteCams system. The End User also agrees to defend, indemnify, save and hold SiteCams, LLC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, asserted against SiteCams, LLC, 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 End User, its agents, employees, or assigns.
The End User also agrees to defend, indemnify and hold harmless SiteCams, LLC against liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed by End User in connection with the use of the System; (ii) any material supplied by End User infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which End User sold in conjunction with using the System.
Limited Use of Products
Customer agrees to the lawful, strict, and implicit use of the product(s) for the purpose, which they are so designed, and shall, under no circumstances, take any action, be it direct or indirect, to reverse engineer, ascertain the functionality, or otherwise engage in any activity that would undermine the commercial profitability of the products in the marketplace. Damages for any such undertaking would be extraordinary and shall be determined by a court of competent jurisdiction, in Texas, county of Travis.
Agree to Marketing Use
Customer agrees to allow SiteCams LLC the use of all feedback, pictures and videos attained either through the site images or of the install in marketing campaigns as well as for training purposes. This includes in publications, news releases, online, and in other communications related to marketing, sales and training.
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:
1. “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.
2. “Equipment” means the camera system as provided which has an approximate value of $1,000.00.3. “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:
1. 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.
2. 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.
3. 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 any one or more of the following remedies (the “Remedies”):
1. Declare the entire amount of the Rent for the Term immediately due and payable without notice or demand to the Lessee.
2. Apply the Deposit toward any amount owing to the Lessor.
3. Commence legal proceedings to recover the Rent and other obligations accrued before and after the Event of Default.
4. 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.
5. Terminate this Agreement immediately upon written notice to the Lessee.
6. 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 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, the Lessor will have recourse to the Remedies and will be entitled to all damages caused by the transfer to the extent that the damages could not reasonably be prevented 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 to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, 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 will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party to this Agreement.
- Neither Party will be liable in damages or have the right to terminate this Agreement for any delay or default in performance if such delay or default is 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
- NOTICE TO THE LESSEE: This is a lease. You are not buying the Equipment. Do not lease without reading this Agreement first. You are entitled to a completed copy of this Agreement when you lease a system.
By accepting our Terms and Conditions and Lease Agreement as evidenced by the execution of a purchase of a leased system all items here are agreed to and in effect as of the date of lease.