Last updated: 02/07/2019
DEFINITIONS: “Digitized.Network Service Agreement” means this Service Agreement, these Terms and Conditions, and all provisions maintained at https://digitized.app/terms-of-service that set forth the manner in which Hi-Tech Management LLC (“Hi-Tech Management”, “Us” or “We”) provides Digitized.Network Service to Customers, such as the subscription plan and equipment lease that Customers have selected along with applicable fees and taxes. “Customer” means such individual customer or entity who agrees to the terms of this Service Agreement (Customer may also be referred to herein as “you” or “your”). “Digitized.Network Service” shall mean any and all types of services purchased from or furnished by or through Digitized.App or its affiliates including, but not limited to, voice, data, video and transmission services, whether provided via wired or wireless Network Devices or other electronic devices (Digitized.Network Service may also be referred to herein as “Service”). “Network Devices” shall mean the routers, switches, antennas, network video recorder, cameras, modems, telephones and/or other device or equipment, including, but not limited to, cabling and accessories, that have been furnished to Customer through lease by Hi-Tech Management.
CUSTOMER ACKNOWLEDGES AND AGREES THAT DIGITIZED.NETWORK SERVICE AND/OR NETWORK DEVICES MAY INCLUDE ONE OR MORE FEATURES WHICH MAY STORE OR LOG CUSTOMER’S DATA TO FUFILL SERVICES AND THAT HI-TECH MANAGEMENT HAS NO OBLIGATION TO PROVIDE OR MAINTAIN THIS INFORMATION IN THE EVENT CUSTOMER DEACTIVATES THE DIGITIZED.NETWORK SERVICE. CUSTOMER HEREBY RELEASES HI-TECH MANAGEMENT AND AGREES TO INDEMNIFY AND HOLD HI-TECH MANAGEMENT AND HI-TECH MANAGEMENT’S SUPPLIERS HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OR RESULTING FROM THE PRESENCE, USE, OR ACTIVATION OF SUCH FEATURES ON DIGITIZED.NETWORK SERVICE AND/OR NETWORK DEVICES.
GENERAL: Customer understands and agrees that Digitized.Network Service is rendered to Customer and any user of Customer’s Network Devices including, but not limited to data, wireless, video and voice transmission under this Service Agreement and under the terms and conditions and in accordance with Hi-Tech Management or its affiliate’s applicable state and federal tariffs relating to Services provided under this Service Agreement (“Tariff”) current at the time Service is provided, and the terms of this Service Agreement are controlled by and subject to said Tariff and lawful changes in said Tariff. A copy of the Tariff is available for review upon written request and is incorporated herein by reference. This Service Agreement shall become effective on the date that Hi-Tech Management accepts this Service Agreement and shall continue in effect until terminated as herein provided. Hi-Tech Management may accept this Service Agreement by providing Service to Customer.
Customer agrees and acknowledges that Hi-Tech Management may refuse to accept this Service Agreement if Hi-Tech Management believes that Customer may be unable to perform in whole or in part, the obligations hereunder. Customer waives notice of acceptance. Except as otherwise expressly provided herein, this Service Agreement shall automatically renew from month to month absent notice to the contrary delivered by one party to the other party. In any event, Customer remains responsible for all outstanding charges for the period that Service was rendered.
SERVICE CHARGES: Upon subscribing to the prepaid Digitized.Network Service, Customer agrees to pay the invoice amount to activate Service. Thereafter, Customer is billed each month for the next month’s Service fee in advance. The prepaid monthly Service fee is not refundable.
Unless terminated by Hi-Tech Management for Customer’s default or another reason specified in this Agreement, Hi-Tech Management will continue to provide Service to Customer through the end of the calendar month for which Customer has paid its monthly Service fee. Subject to Customer’s obligation to pay any applicable Termination Charges, Customer may terminate Service at any time, but Hi-Tech Management shall have no obligation to refund any unused portion of the prepaid monthly Service fee if Customer elects to terminate Service prior to the end of period for which Service has been paid for by Customer.
CANCELLATION POLICY: Customer may schedule the cancellation of Service either by written notice or through the online Customer Dashboard maintained at https://digitized.app/account/subscriptions. Service will be terminated at a date specified by Customer’s written notice or immediately after the online Customer Dashboard submission has been processed. Upon cancellation of Service, Customer agrees to immediately discontinue usage of all provided Network Devices and schedule a collection date for Hi-Tech Management to recover all Network Devices furnished to Customer. The collection date must be within three days of the cancellation of Service date. Hi-Tech Management reserves the right to determine which of the three days for the collection to occur. Failure to schedule or provide access for Hi-Tech Management to recover all Network Devices in their installation condition will result in termination charges and/or replacement charges.
TERMINATION CHARGES: Customers failing to meet obligations specified in the CANCELLATION POLICY section herein this Service Agreement may be charged a fee by Hi-Tech Management. The termination charges will be calculated as follows: the monthly Service fee for the Customer’s plan prior to cancellation divided by 30. Terminations charges are compounded on a daily basis until the Customer meets obligations. For example, a Customer cancels Serivce for their montly plan which costed $100 on the 5th of the month, but fails to schedule or facilitate the collection of Network Devices before the 8th of the month will be charged $3.33 daily until Network Devices are recovered by Hi-Tech Management.
REPLACEMENT CHARGES: Network Devices furnished to Customers during Service that are deemed by Hi-Tech Management to have been damaged or tampered with (not in installation condition) will be removed from Service and replaced at Customer’s expense. Examples of “damaged” inlcude, but not limited to dents, deep scratches and cracks. Examples of “tampered” inlcude, but not limited to evidence of disassembly, missing screws, foreign substances such as glue and paint. The replacement charges for each Network Device will be calculated as follows: the monthly Service fee for the Network Device to be replaced multiplied by 12.
Replacement charges paid by Customer does not infer transfer of ownership of the Network Device to be replaced. All Network Devices furnished for Service are property of Hi-Tech Managment and must be returned to or recovered by Hi-Tech Managment. Futhermore, Network Devices can contain proprietary data and will be treated as intellectual property.
INTELLECTUAL PROPERTY: Customer agrees not to infringe, misappropriate, or injure the intellectual property rights of Hi-Tech Management or any third party. Except for a limited license to use the Service, Customer’s subscription to Digitized.Network Service does not grant Customer any license to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of Hi-Tech Management or any third party related to the Network Devices or Service. Customer agrees that a violation of this section harms Hi-Tech Management, which cannot be fully redressed by money damages, and that Hi-Tech Management shall be entitled to immediate injunctive relief in addition to all other remedies available.
DEFAULT: Customer shall be in default of this Agreement if any one or more of the following occurs: (a) Customer fails to make payments on time or in the amount due; (b) Customer dies, is declared incompetent, or becomes insolvent (either because Customer’s liabilities exceed Customer’s assets or because Customer is unable to pay Customer’s debts as they become due); (c) Customer fails to keep any promise contained in this Agreement; (d) Customer makes any statement or provides any information that is false or inaccurate at the time it was made or provided; (g) any fact appears or event occurs that causes Hi-Tech Management to consider itself insecure, or the prospect of payment, performance, or realization or performance of this Agreement is impaired.
REASONABLE NETWORK SERVICE: Digitized.Network Service is provided to you over a cloud infrastructure that is owned and maintained by other entities that include, but not limited to your Internet Service Provider who provides you with Internet connectivity. Accordingly, we may be unable to provide full Service at times when Internet connectivity is intermittent or unavailable for any period of time. Furthermore, Hi-Tech Management reserves the right to limit throughput speed or amount of data transferred at times of network congestion. Services will be provided to extent of cloud infrastructure availability and in accordance with applicable terms of this Agreement.