Echo911 Terms of Service

  1. Transaction Details. The Business agrees to provide and the Client agrees to retain, the following services (the “Services”) to be performed by Business in accordance of the terms and conditions of this Contract.
    Definition of the Services. The Business shall provide:
    Radio Service
    i. Repair and Maintenance are included as long as this agreement is in effect.
    1. The Business does not compensate for shipping from the client to the business
    b. Dispatching Service
    i. $54.50/month/radio when radios are purchased outright.
    ii. $70.00/month/radio when the radios are included in the monthly price.
    iii. $40.00/month/user for the mobile application.
    1. Call-taking
    2. Unit dispatching
    3. Call logging
    4. Report generation
    5. 1 custom phone number for the Client
    c. Radio Service Only is $16.50/month/radio
    i. $31.50/month/radio when radio is included
    d. Emergency Call Handling Only $39.50/month/radio
    i. $54.50/month/radio when radio is included2. Service Standards. The Services provided shall comply with the Business’ standards, quotation and expectations as detailed to Client.

    3. Payment Terms. In exchange for the Services performed by Business as specified in this Contract to Client, Client will pay to Business the above-mentioned amount per month per radio in the client’s possession.
    a. Business shall provide standard/business class/mobile style radios for a $275 one-time fee per radio when the client wishes to purchase the radio outright.
    b. Business shall charge Client a late fee if there is an overdue balance after 7 days, unless Client has made prior payment arrangements with Business Management. The late fee will be $50 or 10% of the unpaid amount, whichever is more.
    c. In addition to any other remedy provided under applicable law, if Client fails to pay an overdue and outstanding balance for the Services performed after 14 days, the Business may consider Client in material breach, terminate this Contract and pursue all methods to recoup any monies owed plus interest
    d. Client shall provide ACH details in the form of a voided check prior to any demo period or service start. Client agrees to automatic electronic debiting of funds to fulfill any due or past due balance as determined by Business. Client further agrees that any payment method on file can be automatically debited without prior approval for any due or past due balance.

    4. SIM Card(s). SIM Cards remain the sole property of business, Echo911, regardless of who is in physical possession of the SIM Card(s). If a SIM Card is lost, unrecoverable, destroyed, or otherwise in a condition that has left it unusable through fault of the client then a $150 fee will be assessed per SIM Card. SIM Cards are never sold by business to client. Cancellation of services requires the customer to return SIM Card(s) to business at client’s expense.

    5. Degradation Schedule. Clients choosing to have their radio cost included in their monthly service fee will adhere to a degradation schedule ((“(the) schedule’)). If the Client elects to cancel service then all equipment will need to be retuned to business within 7 business days. If the equipment is not returned within 7 business day then the degradation schedule will follow the 1-day schedule and payment will be due immediately. Purpose: Client who choose to have their radios included in their monthly service fee will never own the equipment and will need to return it if/when they decide to upgrade or cancel service with business. The degradation schedule shows the expected “wear and tear” on a device for a given deployment period. If the returned equipment meets or exceeds expectations per the schedule then no fee is required; if the returned equipment does not meet or exceed expectations per the schedule then the indicated fee is assessed.
    a. 1 day – No damage and all parts present and accounted for.
    i. 1 Radios, 2 Batteries, 1 Belt Clip, 1 Lanyard, 1 Complete Charger (Wall block, cord, charger base)
    1. $275 standard/business class/mobile radio
    b. 3 months – Radio still fully functional with all buttons and knobs still on radio. Minimal scuffs and scrapes.
    i. $250 standard/business class/mobile radio
    c. 6 months – Radio still fully functional with all buttons and knobs still on radio. Moderate scuffs and scrapes.
    i. $200 standard/business class/mobile radio
    d. 1 year – Radio still fully functional with all buttons and knobs still functional, but some may be missing. Moderate scuffs and scrapes.
    i. $150 standard/business class/mobile radio
    e. 1 year, 6 months – Radio still fully functional with all buttons and knobs still functional, but some may be missing. Severe scuffs and scrapes.
    i. $100 standard/business class/mobile
    f. 2 years. – Any condition
    i. No fee. standard/business class/mobile radio

    6. Demo Period. All clients are eligible for a 2-week money back guarantee demo period. Demo will be for 2 radios or up to 10% of the expected total, not to exceed 20 radios. Equipment shall be returned within 7 business day of the demo end if the client does not wish to continue service. Upon return of equipment then the initial payment will be refunded. Demo periods will use the 1-day degradation schedule. If the equipment is not returned within 7 business day then the full amount comes due immediately and monthly fees will begin to accrue as if the service was to be continued. Client will pay any applicable attorney or court fees or any other fees encountered in order to recoup cost. Client also agrees to shipping of equipment to Business at their own expense.

    7. Liability. Technology is not one hundred percent reliable in any form and the Client agrees to hold harmless Business for any failure outside of their control.

    8. Cancellation. If the Client wishes to cancel this Contract, Client must provide notice to Business via the online customer portal along with any past due amounts owed plus any incidental fees, taxes or costs incurred by Business.

    9. Limitation of Remedies. If Business cannot fulfill its obligations under this Contract for reasons outside of its control, Business may locate and retain a replacement company at no additional cost to Client. Business will not be responsible for any additional damages or compensation under these circumstances.

    10. Resolution of Disputes. The Parties agree to not post any negative information about the other arising out of this Contract on any online forum or website without providing advance written notice of the intended content thereof, and providing the other party with an opportunity to resolve any issues between the parties amicably.

    11. Severability. In the event any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Agreement and all other provisions should continue in full force and effect as valid and enforceable.

    12. Waiver. The failure by either party to exercise any right, power or privilege under the terms of this Agreement will not be construed as a waiver of any subsequent or further exercise of that right, power or privilege or the exercise of any other right, power or privilege.

    13. Legal Fees. In the event of a dispute resulting in legal action, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees. Legal and Binding Agreement. This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding in The United States of America. The Parties each represent that they have the authority to enter into this Agreement.

    14. Governing Law and Jurisdiction. The Parties agree that this Agreement shall be governed by the State and/or Country in which both Parties do business. In the event that the Parties do business in different States and/or Countries, this Agreement shall be governed by Alabama State law.

    15. Entire Agreement. The Parties acknowledge and agree that this Agreement represents the entire agreement between the Parties. In the event that the Parties desire to change, add, or otherwise modify any terms, they shall do so in writing to be signed by both parties.

 

 

By opening an account through the account portal login and retaining access to same you agree to the above terms and conditions.