HSS Audio Visual Preventative Maintenance Program (“PMP”)
Terms and Conditions
1.1: WHAT IS COVERED UNDER THE PROGRAM: The PMP covers scheduled maintenance on audiovisual equipment located at the service address on your contract. As a PMP customer you are entitled to the discounts on service calls as stated on your contract. Discounts are based on standard labor rates charged by HSS at the time of program enrollment. Standard labor rates are available upon request. Discounts will be based on that rate for the duration of your initial contract term. Upon renewal, discounts will be based on standard labor rates charged by HSS at the time of renewal. PMP customers in need of a service call will have a technician dispatched to their service location within 2 business days of receipt of the request for service. Service requests received after business hours will be deemed received the following business day. At the time of enrollment a default date for maintenance calls will be established with the customer. Maintenance calls included in the program can be scheduled within a window of 5 days before and 5 days after the default date. All other work will incur additional charges.
1.2: WHAT IS NOT COVERED UNDER THE PROGRAM: The PMP is not insurance or a warranty program. HSS believes that preventative maintenance will help keep your equipment operating properly and prolong its life. However, HSS cannot and does not guaranty that equipment will not fail, require replacement or require costly repairs. HSS is not responsible for equipment failures. HSS will use its best effort to service or maintain the equipment at the agreed intervals but HSS shall not be liable for any loss, including but not limited to claims of loss of profits or loss of business or other consequential losses or expenses. Discounts included in the program do not include parts, equipment, or labor for upgrades or additions. Items covered under a manufacturer’s warranty may be handled by HSS, but associated costs (including but not limited to repair fees and shipping) will be billed to the customer. The cost of component parts or materials necessary to repair the equipment will be additional to the maintenance charge and will be supplied only under the Company’s standard Terms & Conditions of Sale.
2.1: CUSTOMER RIGHT TO CANCEL PROGRAM: PMP customers have the right to cancel service prior to the end of the contract terms. Refunds will be calculated as one half of the balance owed under the contract minus any unpaid invoices from any other work performed or equipment purchased. Requests for cancelation must be received in writing. Refunds will be paid by check and mailed to the customer address on record within 45 days of receiving a written cancelation request. This agreement is specific to The Customer and shall not be transferred without the written consent of HSS.
2.2: HSS RIGHT TO SUSPEND SERVICE: HSS reserves the right to suspend service under this agreement if any monies due to HSS, whether in connection with this agreement or not, are overdue as described in HSS’s Terms and Conditions of Sale which shall prevail in all matters relating to this agreement. The Customer agrees to give all reasonable assistance to HSS's representative and in particular will ensure and allow him to satisfy himself that the conditions in which he will be working will be safe. In the event that the HSS technician cannot gain access to the facility or equipment on the scheduled date or time the customer will still be billed in full for the visit. If the customer wishes to reschedule the visit they may do so, but will be billed for an additional visit.
3.0 PAYMENT OPTIONS AND DETAILS
3.1: ADVANCE PAYMENT: Customers paying-in-full in advance may complete payment via check, credit card, or ACH payment. Advance payment customers must be paid in full before this agreement is considered effective.
3.2: PAY AS YOU GO: Customers who opt to pay quarterly can do so via credit card or ACH payment. In addition to the program payment, pay as you go customers will be billed an administrative charge pursuant to the terms of their contract. Payments will be automatically charged to the card or bank account on record.
3.3: AUTOMATIC PAYMENT: Pay as you go customers will be billed 10 days before their default maintenance call date. Service requests not covered by the contract will be billed upon completion of the service call.
3.4: DECLINED AND RETURNED PAYMENTS: Payments that are declined or returned by your credit card company or banking institution will charged a $35 fee for each occurrence.
4.0: AUTOMATIC RENEWAL: This contract will be automatically renewed for successive periods of one year each at the prevailing rate, subject, however, to the right of either party to terminate the contract at the end of the original or any renewal term by mailing notice to that effect to the last known principal office of the other party at least thirty days prior to the designated termination date. HSS may terminate this agreement upon fifteen (15) days notice for subscriber's failure to remit timely payment. Automatic renewal will occur without notice unless there is a change in pricing. In the event that there is a price change HSS will notify the customer in writing at least 15 days before the renewal date.
5.0: FORCE MAJEURE CLAUSE, INDEMNIFICATION, and ARBITRATION
5.1: FORCE MAJEURE CLAUSE: You agree that in the event of an Act of God, riot, insurrection, war, natural catastrophe, act of terrorism, or the exercise of authority of any branch of government or any other event beyond the reasonable control of HSS occurs, and that due to such occurrence HSS is unable to fully provide its Services or Equipment, HSS shall be relieved of any responsibilities set forth herein and shall not be liable to you or any other party for the loss, cost or expense resulting from HSS’s failure to perform.
5.2: INDEMNIFICATION: YOU AGREE TO INDEMNIFY AND HOLD HARMLESS HSS, ITS CONTRACTORS, AGENTS AND EMPLOYEES OF, FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS, JUDGMENTS OR OTHER PROCEEDINGS, COSTS OR EXPENSES OF ANY KIND WHATSOEVER WHICH MAY BE IMPOSED ON, INCURRED BY OR ASSERTED AGAINST HSS, ITS AGENTS, CONTRACTORS OR EMPLOYEES AS A RESULT OF, ARISING FROM OR IN ANY WAY RELATING TO THE DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF CLIENT, VENUE, OR OTHERS, ITS EMPLOYEES AND REPRESENTATIVES, OR FROM ANY PROPERTY DAMAGE OR PERSONAL INJURIES CAUSED BY THE EQUIPMENT. HSS SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM POSSESSION OR USE OF THE EQUIPMENT OR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR BUSINESS REVENUE, LOST BUSINESS, REGARDLESS OF WHETHER SUCH DAMAGES ARE FORSEEABLE AND WHETHER HSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.3: ALTERNATIVE DISPUTE RESOLUTION: If a dispute arises under this Agreement, the parties shall attempt to resolve the dispute through good faith mediation prior to the initiation of arbitration pursuant to this Paragraph 5.3. The parties agree to make a good faith effort to choose a mutually acceptable mediator, failing which the parties agree that one may be designated by the arbitrator(s) appointed pursuant to this paragraph 5.3. The costs of mediation shall be shared equally by both parties. If there is a dispute involving more than $5,000 the parties agree to waive their right to a trial by judge or jury and the dispute will be referred to arbitration by a single arbitrator, to be administered by the American Arbitration Association, under its commercial rules as they exist at the time the dispute is submitted to arbitration. The arbitration will occur in Houston, Texas. HSS and The Customer will agree upon an arbitrator but if they are unable to agree they will ask the American Arbitration Association to appoint a member of its commercial panel. The arbitrator's decision shall be final and legally binding and judgment may be entered upon it in accordance with the provisions of the Texas General Arbitration Act, Chapter 171, Texas Civil Practice and Remedies Code. Each party shall be responsible for half of the arbitrator’s fee. If a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of any lawsuit that is filed to secure compliance, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award. If there is a dispute involving less than $5,000 the parties will endeavor to negotiate a settlement and may choose to seek the assistance of a professional mediator, with each party bearing one- half of the fees of a mediator to be mutually agreed upon. If they fail to reach a settlement they may proceed to exercise their rights under Texas law.
6.0 ADDITIONAL TERMS AND CONDITIONS
6.1:TRANSFERABILITY: This agreement is only transferable if agreed to in writing by HSS.
6.2: ASSIGNMENT: HSS may assign this Agreement or any rights or obligations hereunder, by operation of law or otherwise without prior written consent of the customer.
6.3: GOVERNING LAW: This agreement shall be construed under the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Harris County, Texas.
6.4: FACSIMILE SIGNATURE: Client and HSS agree that signatures transmitted by facsimile, e-mail or other electronic means have the full force and effect of original signatures.
6.5: COMPLETE AGREEMENT: This Agreement contains the entire agreement between parties. No other agreements, representations, warranties or other matters, oral or written, shall be deemed to bind the parties. You acknowledge that you are entering into this Agreement solely on the basis of the representatives contained herein.
6.6: THIRD PARTY BENEFICIARIES: There are no third-party beneficiaries of this Agreement.