Echo911 Terms of Service (Last Updated: 10/6/2023 at 3:21PM CST)
1. Acceptance of Terms
Clients, agents, and users are all regarded as utilizing the services of the Company and should not be interpreted as entities distinct from one another in their association.
2. Modification of Terms
3. Description of Services
The Company offers services that are prominently listed on this website, in addition to customized services that may not be explicitly outlined here. The Company maintains the right to approve or decline requests for custom services at its discretion. It's important to note that approval to provide a custom service to one client does not imply an obligation to offer the same service to others. Custom services are evaluated on a case-by-case basis.
4. User Registration
5. User Obligations
Clients who make use of any services offered by the Company are expressly prohibited from using our services for any unlawful purposes.
Clients are obligated to review and abide by the Echo911 General Radio Etiquette, Use, and Policy Handbook for the End User, and furthermore, commit to ensuring that all of their agents also uphold the same standards. Agents of the client are defined as anyone who uses services provided by the Company and whose services are paid for by the client. The client is prohibited from employing the act of deducting service costs from the agent's compensation, followed by the client's own payment for the services rendered by the Company, as a valid means to absolve the client and their agents from accountability.
Individuals, encompassing clients, agents, and users, who are found to be in breach of the Echo911 General Radio Etiquette, Use, and Policy Handbook for the End User may be subject to penalties. These penalties may include the suspension or termination of services, in addition to potential monetary fines. Furthermore, should violations persist, the Company reserves the right to implement further corrective actions following prior notification. Such notifications may be communicated through various channels, including email, a customer portal ticket, or a telephone call.
Individuals, consisting of clients, agents, and users, who experience service suspension or termination due to repeated and flagrant violations of the Echo911 General Radio Etiquette, Use, and Policy Handbook for the End User, shall not be eligible for any compensation for such actions. Additionally, the Company is absolved of the Limitation of Remedies clause contained in these terms of service.
Acknowledging that technology is never entirely infallible, the Client acknowledges and agrees to absolve the Company of any responsibility for failures that are beyond their control. The Company retains the right to determine what falls within their sphere of control.
7. Payment Terms and Late Fees
In consideration of the Services provided by the Company, the Client agrees to the following payment terms:
The Company shall impose a late fee if the Client's balance remains overdue for more than 7 days, unless prior payment arrangements have been made with Company Management. The late fee will be either $50 or 10% of the unpaid amount, whichever is greater. Opening a ticket in the customer portal constitutes contacting Company Management for the purpose of discussing payment arrangements.
In addition to any remedies provided by applicable law, if the Client fails to settle an overdue and outstanding balance for the Services provided after 30 days, the Company reserves the right to consider the Client in material breach, terminate their services, and pursue all available avenues to recover any owed funds, including interest and legal fees.
The Client agrees to maintain a valid, unexpired debit or credit card on file at all times. If it is discovered that the Client removes their card after services have commenced, the Company reserves the right to immediately terminate services.
The Client consents to automatic electronic debiting of funds to settle any due or past due balances as determined by the Company. The Client further agrees that any payment method on file can be automatically debited without prior approval for any due or past due balances.
8. SIM Card Ownership
SIM Cards are and shall remain the exclusive property of Echo911, regardless of physical possession. If a SIM Card is lost, becomes unrecoverable, destroyed, or rendered unusable due to client negligence or fault, a fee of $150 will be charged per SIM Card. Please note that SIM Cards are not available for purchase from Echo911. In the event of service cancellation, the client is responsible for returning SIM Card(s) to Echo911 at their own expense.
9. Equipment Degradation Schedule
Clients who opt to include the cost of their radio in their monthly service fee will adhere to an equipment degradation schedule ("the Schedule"). If a Client elects to cancel their service, all equipment must be returned to the Company within 7 Company days; A "company day" is defined as any day that the Company does business. The company operates 24 hours a day, 7 days a week. 365(366) days a year. Failure to return the equipment within this timeframe will result in the application of the 1-day degradation schedule, and immediate payment will be required. Company will attempt any and all payment methods on file. The amount of time that Client has had the equipment and the amount of equipment is irrelavant.
Purpose: Clients who choose to include radios in their monthly service fee will not own the equipment and must return it upon deciding to upgrade or cancel their service with the Company. The degradation schedule outlines the expected wear and tear on a device over a given deployment period. If the returned equipment meets or exceeds the expectations outlined in the schedule, no fee will be assessed. However, if the returned equipment does not meet these expectations, the indicated fee will be applied.
1 day - No damage, and all parts are present and accounted for.*
6 months - Radio remains fully functional with all buttons and knobs intact. Very Minimal scuffs and scrapes.*
12 months - Radio remains fully functional with all buttons and knobs intact. Minimal scuffs and scrapes.*
18 months - Radio remains fully functional with all buttons and knobs still operational. Moderate scuffs and scrapes.*
24 months - Radio remains fully functional with all buttons and knobs still operational. Moderately Severe scuffs and scrapes.*
36 months - Radio remains fully functional with all buttons and knobs still operational. Severe scuffs and scrapes.*
All originally supplied equipment acCompanying the radio must be returned. Fees are calculated based on the manufacturer's suggested retail price (MSRP) of the radio and its assessed value.
This section does not apply to clients who did not receive new radios and equipment.
10. Trial Period
All clients are entitled to a 2-week money-back guarantee trial period. During this period, clients can evaluate our services. If the client decides not to continue the service, equipment must be returned within 7 Company days from the end of the trial period. Upon the return of the equipment, the initial payment will be refunded.
The Company will furnish a prepaid return label for your convenience.
Trial periods will follow the 1-day degradation schedule. If the equipment is not returned within 7 Company days, the full amount becomes due immediately, and monthly fees will commence as if the service were to be continued. The client agrees to cover any applicable attorney or court fees or other fees incurred by the Company in the effort to recover costs.
Additionally, if the client fails to initially return the equipment within 7 days of the trial ending they agree to bear the expenses associated with shipping the equipment back to the Company.
11. Ownership of Intellectual Property
All physical and digital assets associated with your use of the Company's services are the exclusive property of the Company. This encompasses, but is not restricted to, radio audio and visual recordings, GPS data, information inputted into the onboarding platform, call data recorded within the CAD system, recorded phone conversations, and the custom phone number provided to the client by the Company.
Furthermore, training materials, marketing collateral, and any other documents featuring the Echo911 logo are also regarded as the property of the Company. These materials shall not be employed to support any competing Company activities.
If the Client wishes to terminate their use of Company's services and agreement to these terms, they must notify the Company through the online customer portal.
This notice should include the client settling any outstanding amounts owed to the Company. Cancellation will not be considered finalized until the Company's SIM cards and/or equipment are returned if either of these conditions applies to the client. Monthly billing will continue until the cancellation process is complete.
13. Legacy Clients
Legacy clients are characterized as customers who are subscribed to older pricing models that differ from the ones currently offered and promoted to new customers.
Legacy clients are obligated to maintain their account in a favorable state, ensuring that there is no outstanding balance overdue for more than one billing period, or 30 days if they are on a plan other than a monthly billing cycle.
In the event that legacy clients do not adhere to the requirement of maintaining their account in good standing and exceed the grace period described above, the Company may implement various actions. These actions could include transferring legacy clients to the currently promoted pricing model, reassigning them from a private dispatch channel to a shared regional channel, or other measures that the Company deems appropriate as it evolves to remain competitive in the market.
14. Limitation of Remedies
If the Company is unable to fulfill its obligations under these terms due to circumstances beyond its control, Company may seek and recommend a replacement Company at no additional cost to the Client. If no such Company exists then the Company's obligation is complete by notifying client of the same. The Company will not be held liable for any additional damages or compensation under these circumstances.
15. Dispute Resolution
Both Parties agree not to publish any negative information about the other party arising from their use of the Company's services and acceptance of these terms on any online forum or website without providing prior written notice, with a minimum of 7 days' notice, of the intended content and offering the other party an opportunity to resolve any issues between them amicably. Notice shall be in the form of a ticket created in the client's online customer portal.
If any provision of this Agreement is determined to be invalid or unenforceable, in part or in whole, that specific portion shall be excised from the agreement. All other provisions shall remain in full force and effect, valid, and enforceable.
The failure of 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.
18. Legal Fees
In the event of a dispute leading to legal action, the prevailing party shall have the right to recover its legal fees, including but not limited to attorneys' fees.
19. Governing Law and Jurisdiction
The Parties agree that this Agreement shall be governed by the laws of the State and/or Country in which both Parties conduct Company. If the Parties operate in different States and/or Countries, this Agreement shall be governed by the laws of the State of Alabama.
20. Entire Agreement
The Parties acknowledge and confirm that this Agreement constitutes their entire understanding. These terms are subject to change by the Company at any time, and it is the Client's responsibility to periodically review for updates and modifications.
By opening an account through the account portal login and retaining access to same you agree to the above terms and conditions. Change of terms since last login does not absolve the Client from adhering to these Terms of Service.