Terms of Service


  1. Services and Term    .

 

1.1        Services.  Jobsite Security LLC, a California limited liability company (“Jobsite Security”) shall provide the services (“Services”) set forth on the accompanying task order (the “Rental System Order”) to the person or entity specified in the Rental System Order (the “Client” or “You”)), in accordance with these Terms of Services and the Rental System Order.  These Terms of Service and the Rental System Order are collectively referred to herein as the “Agreement.”

 

1.2        Term. The term of this Agreement shall commence on the date of Rental System installation unless otherwise agreed in writing and will continue until the date set forth in the Rental System Order unless sooner terminated (the “Term”). Either party may terminate this Agreement immediately on notice to the other party in the event that the other party breaches this Agreement.  Either party may, upon 30 days’ prior written notice to the other party, terminate this this Agreement for any reason or no reason.

 

  1. Payment.

 

2.1        Payment. In consideration of providing the Services, the Client shall pay Jobsite Security the amounts set forth in the Rental System Order (the “Fees”). All Fees shall be paid by Client by credit card or ACH in US Dollars, unless otherwise agreed by Jobsite Security.

 

2.2        Deposit. The sum of the first month’s Fees, which shall include installation fees, are due upon acceptance of the Rental System Order.

 

2.3        Monthly Payments.  Jobsite Security shall charge monthly Fees owed to Jobsite Security in connection with the Services to the credit card provided in Rental System Order.  Client authorizes Jobsite Security to charge the credit card on file on the same day of each subsequent month for which Services are provided.

 

2.4        Return of Equipment.  At the end of the Term, Client shall provide immediate access to Jobsite Security in order for Jobsite Security to retrieve its Equipment (defined below).  For any Jobsite Security rental systems or add-on equipment (collectively, the “Equipment”) that Client does not provide access to, or that is not returned to Jobsite Security (in undamaged condition) upon termination or at the completion of the Services, Client will be charged the replacement cost of the Equipment.  For the Base System and Base Plus (as defined in the Rental System Order) the replacement costs are $2250 and $2850, respectively. The cost for the replacement of Equipment rented is below:

 

Cloud camera replacement: $250

Pro camera replacement: $400

Remote Door or Window Sensor Replacement: $25

Motion Sensor Replacement: $35

Ring Alarm System Replacement: $250

PTZ/Auto-Patrol Camera Replacement: $1250

Wifi Access Point Replacement: $575

 

  1. Change Orders.

 

If Jobsite Security or the Client require changes in the scope of Services or the Fees to be paid to Jobsite Security for the Services, the applicable party shall notify the other party in writing. Every such change shall require a written amendment to the Rental System Order (a “Change Order”).  Each Change Order shall detail the requested changes to the applicable task, responsibility, duty, Fees, timeline, Services, or other matters. The Change Order will become effective upon the execution of the Change Order by both parties, and the Change Order will specify the period of time within which Jobsite Security must implement the changes. Both parties agree to act in good faith and promptly when considering a Change Order requested by the other party but neither party is obligated to execute a Change Order. No Change Order shall become effective unless and until it is signed by both parties.  Any Change Order that is executed by the parties shall become part of the Agreement.

 

  1. Limitation of Liability and Disclaimer.

 

YOU UNDERSTAND AND AGREE THAT THE SERVICES AND EQUIPMENT ARE INTENDED TO BE DETECTION AND NOTIFICATION PRODUCTS AND SERVICES. THE SERVICES AND EQUIPMENT DO NOT ELIMINATE THE OCCURRENCE OF EVENTS, SUCH AS FIRES, FLOODS, BURGLARIES, ROBBERIES, AND MEDICAL ISSUES, AND YOU AGREE NOT TO PURCHASE OR RELY ON THE SERVICES, OR EQUIPMENT TO SO ELIMINATE THE OCCURRENCE OF SUCH EVENTS. FURTHER, YOU UNDERSTAND AND AGREE THAT THE SERVICES AND EQUIPMENT MAY NOT AVERT OR MINIMIZE THE OCCURRENCE OF SUCH EVENTS, OR THEIR CONSEQUENCES, AND, THEREFORE, JOBSITE SECURITY MAKES NO EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE) THAT THE SERVICES OR EQUIPMENT WILL SO AVERT OR MINIMIZE THE OCCURRENCE OF SUCH EVENTS, OR THEIR CONSEQUENCES. YOU FURTHER AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF JOBSITE SECURITY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED WARRANTY, BREACH OF THE LIMITED WARRANTY HEREIN, NEGLIGENCE OF ANY KIND OR DEGREE OF JOBSITE SECURITY, STRICT PRODUCT LIABILITY, SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, OR ANY OTHER THEORY OF LIABILITY (EXCEPT WILLFUL, WANTON, INTENTIONAL OR RECKLESS MISCONDUCT OR GROSS NEGLIGENCE OF JOBSITE SECURITY) ARISING FROM, OR RELATING TO, THIS AGREEMENT, THE SERVICES, OR EQUIPMENT, THE MAXIMUM LIABILITY OF JOBSITE SECURITY WILL BE LIMITED TO THE SUM OF THE FEES ACTUALLY PAID BY CLIENT TO JOBSITE SECURITY DURING THE 6 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND THIS LIABILITY SHALL BE SOLE AND EXCLUSIVE.  THIS LIMITATION OF LIABILITY SPECIFICALLY COVERS LIABILITY FOR, AMONG OTHER THINGS, DIRECT DAMAGES, CONSEQUENTIAL DAMAGES, PERSONAL INJURY, LOSS OF LIFE, PROPERTY DAMAGE, ECONOMIC LOSSES, CROSS-CLAIMS AND OTHER CLAIMS FOR INDEMNITY AND CONTRIBUTION, AND THE CLAIMS OF THIRD PARTIES. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED OR INTERPRETED IN A MANNER WHICH WOULD RENDER OR MAKE THIS CLAUSE, IN WHOLE OR IN PART, VOID AND/OR UNENFORCEABLE.

 

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES AND ALL EQUIPMENT PROVIDED IN CONNECTION WITH THE SERVICES (INCLUDING THIRD PARTY DEVICES AND EQUIPMENT) ARE PROVIDED AS-IS, WHERE IS, WITH ALL FAULTS, AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT, AND/OR ANY WARRANTY THAT THE SERVICES AND/OR RELATED EQUIPMENT WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, ACCURATE, TIMELY, ERROR-FREE, BUG-FREE, OR MALWARE-FREE BASIS.

 

  1. Insurance Coverage and Waiver of Subrogation.

 

You should protect against any risk of loss with the appropriate insurance coverage, and you are responsible for obtaining all insurance coverage you believe is necessary. To the fullest extent permitted by applicable law and the applicable policy or policies of insurance you obtain and maintain, you release Jobsite Security from all liability for any loss, occurrence, event or condition covered by your insurance.

 

  1. Third Party Indemnification for Jobsite Security.

 

THIS AGREEMENT IS INTENDED ONLY FOR YOUR BENEFIT. THEREFORE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, RELEASE AND HOLD JOBSITE SECURITY, AND ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND SUBCONTRACTORS HARMLESS FROM AND AGAINST (I) ALL CLAIMS, ACTIONS, LAWSUITS AND ANY OTHER LEGAL ACTION BROUGHT BY ANY THIRD PARTY AGAINST JOBSITE SECURITY ARISING FROM OR RELATING TO THIS AGREEMENT OR THE EQUIPMENT (A “THIRD PARTY ACTION”); AND (II) ANY AND ALL RELATED LOSSES, DAMAGES, SETTLEMENTS AND JUDGMENTS (INCLUDING PAYMENT OF ATTORNEYS’ FEES AND COSTS OF JOBSITE SECURITY) INCURRED BY, ASSESSED OR FOUND AGAINST, OR MADE BY JOBSITE SECURITY RELATING TO OR ARISING FROM ANY SUCH THIRD PARTY ACTION (“THIRD PARTY RELATED LOSSES”), EVEN IF SUCH THIRD PARTY ACTION AND THIRD PARTY RELATED LOSSES ARISE FROM THE NEGLIGENCE OF ANY KIND OR DEGREE OF JOBSITE SECURITY, BREACH OF CONTRACT OR WARRANTY OR CONDITION, STRICT LIABILITY, NON-COMPLIANCE WITH APPLICABLE LAW, OR OTHER FAULT. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO REQUIRE ANY INDEMNIFICATION WHICH WOULD RENDER OR MAKE THIS CLAUSE, IN WHOLE OR IN PART, VOID AND/OR UNENFORCEABLE UNDER APPLICABLE LAW. THIS INDEMNIFICATION OBLIGATION SHALL NOT APPLY TO ANY WILLFUL, WANTON, INTENTIONAL OR RECKLESS MISCONDUCT OF JOBSITE SECURITY.  “THIRD PARTY” IS DEFINED HEREIN TO INCLUDE ANY PERSON OR ENTITY WHO DID NOT ELECTRONICALLY SIGN THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, A SPOUSE, FAMILY MEMBER, GUEST, NEIGHBOR, TENANT, EMPLOYEE, CONTRACTOR, AGENT, OR INSURANCE COMPANY.

 

  1. Limited Warranty.

 

During the Term, Jobsite Security will, at its sole option, repair or replace the Equipment, or any part or component of the Equipment, that malfunctions due to defective parts at no charge to you. This limited warranty is not transferrable or assignable by you and applies only to the original Client party.  Jobsite Security may, in its sole discretion, make any repair or replacement with new or refurbished Equipment, or parts or components thereof.  If the Equipment, part or component thereof requiring repair or replacement is no longer available, Jobsite Security may, in its sole discretion, replace such Equipment, part or component thereof, with a similar part or component of similar features, functions and quality.  This limited warranty shall not apply to any of the following causes and events: damage due to misuse, abuse, failure to follow instructions and specifications, negligence, casualty (e.g., fire) or acts of God (including but not limited to lightning, flood, tornado, earthquake, or hurricane), and consumable parts (including batteries) are not covered by this limited warranty. Any unauthorized service or modification of the Equipment or any part or component thereof will void this limited warranty in its entirety.

 

  1. Remote Access.

 

You may access the features, functionalities and benefits of the Equipment through a compatible portable enabled electronic device, like a smart phone or tablet, or through a personal computer (an “Electronic Device”). It is your sole responsibility to assure that your Electronic Device is at all times compatible and properly functioning.  It is your responsibility to monitor all information and events transmitted by the Equipment or have another person you trust monitor such information and events, and respond appropriately to all information and events received while using the Equipment and receiving the Services. It is likewise your responsibility to determine the appropriate response to all information and events you receive while using the Equipment and you accept that you are entirely responsible for your response and that of your designated contacts. If your response to information and events while using the Equipment incurs costs, you accept full liability for those costs. If you receive notice of any life/safety, property risk, fires, floods, burglaries, robberies, medical issues or other emergency events while using the Equipment, you should immediately contact the police, fire department, 911 or appropriate emergency response service.  YOU HEREBY AGREE TO RELEASE AND HOLD JOBSITE SECURITY HARMLESS FROM AND AGAINST ALL LIABILITY AND DAMAGES, INJURIES OR LOSS OF LIFE ARISING FROM, RELATED TO, OR CAUSED BY, ANY DELAY IN THE DISPATCH OF EMERGENCY RESPONDERS, OR ANY THE FAILURE OR REFUSAL OF EMERGENCY RESPONDERS TO SO DISPATCH TO YOUR ADDRESS.

 

  1. Use of Communications.

 

To the fullest extent permitted by applicable law, you hereby consent to allowing Jobsite Security to intercept, record retrieve, review, copy, disclose and use, for the purposes of providing the Services, the contents of all telephone, video, wire, oral, electronic and other forms of transmission or communication to which you or your employees are parties and which relate to the Services.

 

  1. Force Majeure.

 

The obligation to provide the Services shall immediately terminate, without prior notice, in the event of any of the following: (i) the telephone lines, network or equipment, other communications equipment, software, or physical parts of the Equipment are destroyed, damaged, or inoperable for any reason whatsoever; or (ii) any war whether declared or undeclared, fire, flood, extreme weather, accident, explosion, act of terrorism, governmental orders, regulations, restrictions or priorities, strike, lockout or other labor troubles, or any other cause beyond the absolute control of Jobsite Security for the duration of the interrupted Services.

 

  1. Broadband Internet Access/Backup Wireless Data Service.

 

The Services will not work or be accessible without: (i) a working wifi network at your address that is positioned to communicate reliably with the Equipment; (ii) an active, current and properly completed account with necessary third-party service providers; (iii) an enabled and supported wireless device; and (iv) always-on broadband internet access at your address with bandwidth sufficient to support the Equipment (collectively, the or your “System Elements”). It is your responsibility to ensure that you have all required System Elements and that they are compatible and properly configured with the Equipment. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met. If you change any of the required System Elements, it is your sole duty and responsibility to be sure they are compatible and properly configured to work with the Equipment. If Jobsite Security receives notice that you failed to maintain the required System Elements, Jobsite Security may, in its sole discretion, elect to terminate the Services in accordance with Section 1.2 above. You understand and agree that Jobsite Security is not responsible for the operation or non-operation of any of your System Elements. You acknowledge and agree that the System Elements are not error-free and may be interrupted, delayed, refused, or otherwise limited for a variety of reasons, including insufficient coverage, power outages, termination of service and access, environmental conditions, interference, non-payment of applicable fees and charges, unavailability of radio frequency channels, system capacity, upgrades, repairs or relocations, and priority access by emergency responders in the event of a disaster or emergency (“Service Problem(s)”). Service Problems may result in an inability of the Equipment to send listed signal codes and, in such event, the Services will be unavailable for the duration of the Service Problem. Further, Service Problems may result in the Services being unreliable or unavailable for the duration of the Service Problem. Neither Jobsite Security, nor any wireless data carrier is responsible or liable for any such Service Problems.

 

  1. Malware Vulnerability Notice and Waiver.

 

Equipment that relies on wireless or internet connections or are connected to a network of any kind (such as, but not limited to, security systems, communications equipment, cameras, wireless radios, access control, cloud storage, and other kinds of networkable security and other devices) may not be secure and may be exploited or hacked by malware and spyware variants (“Malware Vulnerabilities”). Malware Vulnerabilities may provide a gateway for a person with malicious intent the capability to arm or disarm your system or related equipment; view, extract, change, destroy, steal, disclose or alter your data, or the data of others; monitor and/or spy on your activities and the activities of others; cause internet and network outages; provide for unintended or unauthorized access by others to your network, or the network of others; and otherwise place people, property or data at risk. JOBSITE SECURITY MAKES NO WARRANTY OR REPRESENTATION THAT THE EQUIPMENT OR SERVICES IS SECURE, DOES NOT HAVE, OR IS NOT SUSCEPTIBLE TO, MALWARE VULNERABILITIES. Jobsite Security assumes no liability whatsoever for any Malware Vulnerabilities and, to the fullest extent permitted by applicable law, you agree to release and hold Jobsite Security harmless from any Malware Vulnerabilities and any related loss or damage of any kind or sort, even if caused by any breach of contract or negligence of any kind or degree of Jobsite Security (the “Malware Vulnerability Release”). If the Malware Vulnerability Release is not enforceable under applicable law for any reason, then the Limitation of Liability in Section IV shall apply to any losses or damages, of any kind or sort, arising from, or related to, Malware Vulnerabilities.

 

  1. Smart Devices Standards/Third Party Devices.

 

The Services require the use smart or connected devices, equipment and/or systems not manufactured by Jobsite Security.  HOWEVER, SMART, CONNECTED OR OTHER THIRD-PARTY DEVICES (“THIRD PARTY DEVICES”) OR SERVICES MAY NOT WORK, OR MAY HAVE LIMITED FEATURES OR FUNCTIONALITY, EVEN IF DESIGNED, SPECIFIED OR MARKETED TO OPERATE USING SPECIFIC STANDARDS OR MEANS OF COMMUNICATION.  JOBSITE SECURITY IS NOT RESPONSIBLE FOR, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE AND HOLD JOBSITE SECURITY HARMLESS FROM AND AGAINST, ALL LIABILITY AND DAMAGES, INJURIES OR LOSS OF LIFE OR PROPERTY ARISING FROM, RELATED TO, OR CAUSED BY, ANY ATTEMPT BY YOU TO CONNECT, OR YOUR CONNECTION AND USE OF, THIRD-PARTY DEVICES.  FURTHER, JOBSITE SECURITY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, RELATING TO ANY THIRD-PARTY DEVICE OR SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR REPRESENTATION THAT ANY THIRD-PARTY DEVICE OR SERVICE WILL PROPERLY AND SAFELY COMMUNICATE AND WORK, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE RELATING TO ANY THIRD-PARTY DEVICE OR SERVICE.

 

  1. For Use at Current Residential or Commercial Address, or Job Site Only.

 

YOU AGREE TO ONLY USE THE EQUIPMENT AND SERVICES AT YOUR RESIDENTIAL ADDRESS, COMMERCIAL ADDRESS, OR JOB SITE SPECIFIED IN THE RENTAL SYSTEM ORDER OR ANY CHANGE ORDER (EACH A “REGISTERED LOCATION”). THE EQUIPMENT AND SERVICES MAY NOT FUNCTION, OR PROPERLY FUNCTION, IF ANY OF THE EQUIPMENT IS INSTALLED OR USED AT ANY LOCATION OTHER THAN YOUR REGISTERED LOCATION. YOU HEREBY RELEASE AND HOLD JOBSITE SECURITY HARMLESS FROM AND AGAINST ALL LIABILITY AND DAMAGES, INJURIES OR LOSS OF LIFE OR PROPERTY ARISING FROM, RELATED TO, OR CAUSED BY, YOUR INSTALLATION AND/OR USE OF THE EQUIPMENT OR SERVICES AT AN ADDRESS OTHER THAN YOUR REGISTERED LOCATION.

 

  1. Miscellaneous.

 

12.1      Entire Agreement. This Agreement, including all attachments, Rental System Orders, and Change Orders, each or which are hereby incorporated herein, states the entire understanding between the parties and supersedes all previous contracts, proposals, oral or written, and all other communications between the parties respecting the subject matter hereof, and supersedes any and all prior understandings, representations, warranties, Agreements or contracts (whether oral or written) between the parties relating to the subject matter hereof.

 

12.2      Amendment. This Agreement may only be amended by an Agreement in writing executed by the parties.

 

12.3      Survival. Any and all provisions of this Agreement which in order to give effect to their meaning are intended to or need to survive termination or expiration of this Agreement shall survive any such termination or expiration.

 

12.4      Severability. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

 

12.5      Relationship. The parties agree Jobsite Security is an independent contractor of the Client.

 

12.6      Subcontracting and Assignment. You cannot transfer or assign this Agreement without Jobsite Security’s consent; however, Jobsite Security can assign this Agreement or subcontract its obligations without your consent. If Jobsite Security does so, anyone to whom Jobsite Security assigns or subcontracts its obligations will receive the benefit of, and have the right to enforce, all the terms and conditions of the Agreement.

 

12.7      Non-Solicitation. During the term of this Agreement and for a period of twelve (12) months immediately following the termination or expiration of this Agreement for any reason, whether with or without cause, the Client shall not, directly or indirectly, solicit, induce, recruit or encourage any of Jobsite Security’s employees or independent contractors to terminate their relationship with Jobsite Security, or attempt to solicit, induce, recruit, encourage or take away employees or independent contractors of Jobsite Security, either for itself or for any other person or entity.

 

12.8      Advertising.

 

12.9      Governing Law and Arbitration. This Agreement will be governed by and construed in accordance with the laws of the State of California without regard to the principles of conflicts of law. Any dispute, claim or controversy relating to this Agreement or otherwise arising between Jobsite Security and the Client shall be settled by final and binding arbitration in California. Jobsite Security and the Client waive the right to institute a court action, except for requests for injunctive relief pending arbitration, and each party understands that each is giving up the right to a jury trial.  Each of the parties shall be responsible for their own attorneys’ fees and costs; provided however, the arbitrator may award attorneys’ fees to the prevailing party.

 

12.10   No Third-Party Beneficiary. No provision in this Agreement is intended or shall create any rights with respect to the subject matter of this Agreement in any third party.

 

12.11  Work Product. Client agrees that Jobsite Security is the exclusive owner of all right, title and interest in all works of whatever nature, finished or unfinished, developed or created in the course of performing the Services under this Agreement, or related to the Services (the “Work Product”). Client agrees that all Intellectual Property rights of whatever nature in the Work Product, in any stage of development, that Jobsite Security conceives, develops, or reduces to practice in connection with performing the Services shall be owned by Jobsite Security. “Intellectual Property” includes, but is not limited to all designs, concepts, documents, formulae, ideas and inventions (whether or not patentable or reduced to practice), know-how, materials, plans, marks (including brand names, product names, logos and slogans), methods, network configurations, and architectures, procedures, processes, protocols, schematics, analyses, and reports.