ADSCAPZ TERMS OF SERVICE

Adscapz, LLC a Florida based corporation; ("Adscapz") and the customer ("Customer") hereby agree to the following terms of Service with respect to the provisions by Adscapz to Customer (s) of our Proximity Marketing System, provided equipment and additional marketing services which are identified and/or described in the Proximity Marketing Service Agreement attached to these terms and conditions.

AUTHORIZED SIGNATURE

1. If the Customer is an entity other than an individual, then the person signing the Agreement represents and warrants that the individual has been properly authorized and empowered to enter into the agreement on behalf of the entity.


PROXIMITY MARKETING SERVICE, PROVIDED EQUIPMENT & ADDITIONAL MARKETING SERVICES

2. Adscapz will deliver the Proximity Marketing System, Equipment and Additional Services, at its own risk, to the address designated by the customer.

3. Adscapz will use reasonable efforts to deliver the Proximity Marketing System, Equipment and Additional Services by the requested delivery date but it shall not incur any liability to the Customer in the event of any delay caused by forces and/or other circumstances beyond its control.

4. The Customer will accept the Proximity Marketing System, Equipment and Additional Services when delivered on or before the delivery date and if for any reason the Customer fails to accept the package when delivered on or before such date the Customer shall nevertheless be liable for the stated Service Contract Charges in full and for the proper and timely return of the Proximity Marketing Equipment provided by Adscapz as part of the services contract.

CHARGES

5. The Customer will pay the Service Contract Charges from the delivery date until the end of the Service Contract period or the date all of the equipment specified in the Service agreement is returned to and accepted by Adscapz, whichever is later. The Proximity Marketing System, Equipment and Additional Service Contract Charges apply to full days and fractions thereof.

6. The Customer will pay all charges for equipment and services provided after delivery and until returned to and accepted by the courier or by one of its representatives.

7. The Customer is responsible for all equipment and services provided and such charges including Service Contract Charges, shipping charges (if applicable), and any and all appropriate taxes; Adscapz, at its sole discretion, may change any of these charges associated with the Service Contract as and when it deems appropriate. However, Adscapz will attempt to provide the Customer with reasonable notice of any impending change as soon as it becomes practically possible.

8. Adscapz is entitled to bill the Customer, on a delayed basis, at any time after the Proximity Marketing System, Equipment and Additional Services have been returned for any and all charges for which the Customer shall be responsible pursuant hereto, whether or not Adscapz is aware of such charges at the time of the return of the equipment. All charges and other amounts billed pursuant to this agreement are payable by the Customer at the end of the agreed upon Service Contract period as set forth in these terms and conditions, or if not computed at the end of Service Contract period, then upon demand e-mailed, mailed or faxed by Adscapz to the Customer. If Adscapz is purchased or merges with another company any and all current customer charges will be transferred to the new company and remain billable to the customer.

9. The Proximity Marketing System, Equipment and Additional Services and any other amounts due to Adscapz under this agreement are payable at the end of the Service Contract period and Adscapz shall be entitled to charge interest at the rate of 2% per month (or part of a month) on any overdue amounts.

CANCELLATION

10. Adscapz will not charge a cancellation fee if an order is canceled prior to programming/setup of the Proximity Marketing System by Adscapz for the Customer. If the order is canceled after programming/setup or delivery a $39.99 (or the setup fee(s) whichever is higher) cancellation fee will be applied.

LOSS OR DAMAGE OF EQUIPMENT

11. This clause will only apply if the Customer has agreed to and has paid for the Theft & Loss Protection option and if any or all of the equipment provided with the Proximity Marketing Program are not returned to Adscapz in accordance with the provisions of these terms and conditions due to theft or accidental loss or damage.

12. Customer shall immediately notify Adscapz of any theft, loss of or damage to the Proximity Marketing Equipment and shall, if applicable, provide evidence of theft by submitting a copy of a written police report to Adscapz immediately of the loss or theft.

13. If this clause applies then the Customer will not be liable to pay for the value of the Proximity Marketing Equipment set forth in the Service Contract agreement even if the retail price of the Proximity Marketing Equipment which would otherwise have been payable by the Customer under this agreement.

14. The following clause will apply if the Customer has not agreed to or has not paid for the Theft & Loss Protection option and if any or all of the Proximity Marketing Equipment are not returned to Adscapz in accordance with the provisions.

15. If the Proximity Marketing Equipment are not returned as stated below, then Adscapz at its discretion may charge the full replacement costs of the Proximity Marketing Equipment, without prejudice to any other right or remedy it may have against the Customer.

16. In the event of any loss, damage, theft or disappearance of the equipment while Service Contract is in force, regardless of circumstances, the Customer shall pay to Adscapz on demand, an amount equivalent to the value of the Proximity Marketing Equipment as identified in the Service Contract agreement.

AUTHORIZATION

17. Adscapz is hereby authorized to charge a $59.99 DEPOSIT on the designated credit card for setup fee(s). If applicable, the designated credit card will be used to process any additional fees or charges related to the Service Contract of the Proximity Marketing System, Equipment and Additional Services as identified in the Service Contract agreement. This may take more than one transaction.

USE OF EQUIPMENT

18. Upon delivery to the Customer, Adscapz will provide instructions and guidelines on the use of the Proximity Marketing System, Equipment and Additional Services.

19. The Customer will use the Proximity Marketing System, Equipment and Additional Services in a careful and proper manner, in accordance with the instructions, and in no other manner.

20. The customer agrees that he/she will not: a. Effect any repairs or modifications to the Proximity Marketing Equipment; remove or tamper with the equipment and/or any other provided equipment, or tamper-proof labeling. If equipment is damaged; missing and/or tampered with in ANY MANNER, the customer will be charged a minimum of $100.00 for the Proximity Marketing Equipment replacement; along with any other repair cost associated. b. Remove or interfere with any certification markers affixed to the Proximity Marketing Equipment; c. Add to the equipment in any way; d. Sublet or allow the use of the equipment by any third party (without Adscapz permission) e. Attempt to dispose of the equipment or to grant any interest in the equipment to any third party (without Adscapz permission).

REPAIRS OF EQUIPMENT

21. If the Proximity Marketing Equipment is not in working order when delivered or subsequently malfunctions, the Customer will notify Adscapz or its designated representative immediately.

22. Adscapz will repair and/or replace the Proximity Marketing Equipment as soon as possible after it has been notified of the problem by the Customer and, provided the Customer is not in breach of the Service Contract agreement, Adscapz will provide the Customer with the same or similar Proximity Marketing Equipment as soon as possible for a period equivalent to the part of the Service Contract period un-expired when the malfunction occurred.

23. If Adscapz finds that equipment reported as faulty is actually in working order then the Customer will pay the cost of collection and delivery of the replacement of the Proximity Marketing Equipment.

24. Adscapz will attempt to resolve all issues with the Customer by having a technician contact the Customer to isolate the problem.

LIABILITY

25. Adscapz warrants that the Proximity Marketing System Equipment will be in working order when delivered to the Customer but cannot be responsible for the performance of the equipment or the operation of the network to which it is connected.

26. Adscapz makes no other warranties, guaranties or representations, either express or implied, regarding any matter, including without limitation, the merchantability, accuracy, reliability, condition or fitness for a particular purpose of the equipment or the services furnished under this agreement. subject to this agreement (see Theft & Loss Protection) the customer shall be solely responsible for and shall indemnify hold Adscapz harmless against all claims, demands and liability arising as a result of the Service Contract, possession, use, condition, operation or misuse of the equipment services provided, whether in breach of this agreement or however it arises. Adscapz will in no event be responsible for any liability, claim, loss, damage or expense of any kind (including lost profits) whether direct, indirect or consequential caused by the equipment or the failure of the equipment to operate correctly or at all.

27. The Customer shall be liable to Adscapz for all expenses, including reasonable attorney's fees, incurred in connection with any collection, repossession or other action brought to enforce Adscapz right to deactivate the Proximity Marketing System, Equipment and Additional Services at any time and without notice to the Customer, in the event that Adscapz rights under this agreement detects unusually usage or possible fraud in accordance with general operating practices and procedures, Adscapz shall have no liability whatsoever to the Customer for such deactivation.

OWNERSHIP

28. The Proximity Marketing Equipment, including the Proximity Marketing System, and Additional Services will at all times remain the property of Adscapz. The Customer acquires no rights other than temporary use during the Service Contract period. No service or parts replacements are authorized without written approval from Adscapz. The Customer agrees that he/she has examined the equipment and that the equipment is in good working order at the time of receipt.

TERMINATION

29.Unless otherwise agreed with Adscapz the Customer shall return the Proximity Marketing Equipment and any other equipment to Adscapz at the end of the Service Contract period (or renew the Service Contract) any equipment provided by Adscapz will remain in good working order and in the same condition as when it was delivered to the Customer. The Customer shall return the equipment by having a representative from Adscapz pick up the equipment, or have Federal Express or comparable courier to the designated Adscapz address and in accordance with shipping instructions provided by Adscapz at time of delivery of the equipment. Should the Customer return the equipment using means other than those specified in the instructions provided by Adscapz at the start of the Service Contract, other charges will continue, and the Customer will remain liable for any damage to the equipment, while the equipment is in transit. Packages returned with any components or pieces provided missing will continue to be charged full Service Contract agreed costs until all such missing components or pieces are returned or replacement value of the equipment is paid.

30. Should the Customer: (a) obtain use of the Proximity Marketing System, Equipment and Additional Services by any misrepresentation or fraudulent means, or (b) tamper with the Proximity Marketing System, Equipment and Additional Services or (c) use the equipment for any illegal or improper purpose, or (d) otherwise commit a breach of these terms and conditions then Adscapz may, at its option and in addition to other remedies available here under by law or in equity, (i) terminate this agreement; (ii) immediately terminate all services to the Customer, and (iii) take immediate possession of the equipment without being obliged to repay any portion of the Service Contract charges. No remedy of Adscapz shall be exclusive of any other remedy whether provided herein or available by law or in equity, but shall be cumulative with other remedies.

31. The Customer shall pay the full retail price to Adscapz for any Proximity Marketing Equipment which is damaged or not returned at the end of the Service Contract period.

APPLICABLE LAW

32. This agreement shall be governed by the laws of the State of Florida.

33. Customers agree to indemnify and hold harmless Adscapz, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Proximity Marketing System, Equipment and Additional Services, including but not limited to any and all violation of this Agreement.

GENERAL

34. The headings in this agreement are for convenience of reference only and shall not affect the meaning or construction of the terms and conditions contained herein.

35. No waiver by Adscapz of any breach of this agreement shall be considered as a waiver of any subsequent breach of the same or any other provision hereof.

36. This agreement cannot be assigned or transferred by the Customer, nor can this agreement be modified (or any provision waived or modified) except by a written instrument signed by Adscapz or its authorized agent(s). This agreement constitutes the entire agreement between Adscapz and the Customer; there are no other representations, conditions, warranties, guarantees, or collateral agreements, express or implied, statutory or otherwise, concerning the use or Service Contract of the Proximity Marketing System, Equipment and Additional Services, other than as set forth herein.

37. See attached addendum relating to what is included in this Service Contract Agreement The Proximity Marketing System, The Equipment and Additional Services.

 

 

 

 

 

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Setup fee $59.00 for Beacon Dot, Beacon X, USB Beacon

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