Terms & Conditions

• All accounts open with E-Company Services are not transferable or may not be sold to any other management companies by any account holder or management Once the account has been established you must give proper written notice to close the account. Preferable the person who open’s the account must close the account. A written letter to E-Company Services requesting that the account be closed. Customer Account Responsibilities: Customer shall ensure that all Customer-provided equipment on its premises that connects to the Services will perform according to published technical specifications for such equipment and Contractor's interface specifications and otherwise complies with Contractor's specifications for the Services. If service request ticket is for a tenant on any properties the management is responsible for proper notice given to tenant 24 hours before we perform any services unless the service request is an emergency call. Contractor require adult at least 21 years or older on the premise where the work is to be perform unless prior written authorization was given to E-Company Services. Any service request tickets and or contracts must contain information regarding any property lines and property maps. Location of all service meters must be providing upon request. Customer is solely responsible for the content of any transmissions using the Services, or any other use of the services, by Customer or by any person or entity Customer permits to access the Services (a "User"). Customer agrees that it and any User will not use the Services for illegal purposes, or to interfere with or disrupt other network users, network services or network equipment.
• Disruptions include, but are not limited to, distribution of unsolicited advertising or chain letters, propagation of computer worms and viruses, and using the network to make unauthorized entry to any other machine accessible via the network. Customer shall defend, indemnify, and hold harmless Contractor from and against all liabilities and costs (including reasonable attorneys' fees) arising from any and all claims by any person based upon the content of any transmissions by Customer or any User using the services or any other use of the Services by Customer or any User.
• Customer may not provide, or make available to any third party, space within the Space without Contractor's prior written consent. If Customer should provide, or make available to any third party, use of the Space without obtaining the written consent of Contractor, Customer shall be in breach of this Agreement and Contractor may pursue any legal or equitable remedy, including but not limited to the immediate termination and legal action from this agreement. • Customer agrees to maintain, at Customer's expense, during the entire time this Agreement is in effect for each Terminal Facility (I) Comprehensive General Liability Insurance in an amount not less than One Million Dollars ($1,000,000.00) per occurrence for bodily injury or property damage, (ii) Employers Liability in an amount not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence, and (iii) Workers Compensation in an amount not less than that prescribed by statutory limits. Prior to taking occupancy of the Collocation Space, Customer shall furnish Contractor with certificates of insurance which evidence the minimum levels of insurance set forth herein and which name Contractor as an additional insured upon request.
• If Customer permits Users to access the Services, Customer shall defend, indemnify, and hold harmless Contractor from and against all liabilities and costs (including reasonable attorneys' fees) arising from any and all claims by any such Users in connection with the Services, regardless of the form of action, whether in contract, tort (including Contractor's active or passive negligence), warranty, or strict liability.
• Customer understands that Services provided under this Agreement (including internet use) may require registrations and related administrative reports that are public in nature. In addition, Customer agrees that Contractor may include its name; IP, electronic mail, street, and other addresses; and telephone information. Contractor Responsibilities: Contractor (E-Company Services) will provide the Services as described in the Attachments. However, Contractor's policy is to continually improve its products and services, and so may from time to time change the Services as provided to Customer under this Agreement.
• Contractor warrants that the equipment, when installed, will be in good working order and will conform to the contractor's official published specifications and the technical specifications of the RFQ. Manufacturer's standard warranty provisions for the purchased equipment to the extent that they are not inconsistent with the terms of these Contractual Provisions, shall apply beginning on the date of installation. Maintenance charges, if applicable, shall not begin until the date of expiration of the warranty period. The use of the equipment will be under the State's exclusive management and control. The State agrees that the contractor will not be liable for any damages caused by the State's failure to fulfill State responsibilities or by the State's negligence.
• Contractor's liability for damages to the State for any cause whatsoever, including causes of action under shall be limited to the greater of $100,000 or the purchase price of the specified equipment which caused the damage or that is the subject matter of, or is directly related to, the cause of action. The forgoing limitation of liability will not apply to the payment of costs, damages, and attorney's fees referred to in the section, “PATENTS AND COPYRIGHT PROTECTION” above, or to claims for personal injury or damage to real property or tangible personal property caused by the contractor's negligence or defect of equipment.
• CONTRACTOR SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, WHETHER OR NOT CONTRACTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• CONTRACTOR SHALL NOT HAVE ANY LIABILITY FOR DAMAGES OR DELAYS DUE TO FIRE, EXPLOSION, LIGHTNING, POWER SURGES OR FAILURES, STRIKES OR LABOR DISPUTES, WATER, ACTS OF GOD, THE ELEMENTS, WAR, CIVIL DISTURBANCES, ACTS OF CIVIL OR MILITARY AUTHORITIES OR THE PUBLIC ENEMY, INABILITY TO SECURE PRODUCTS OR TRANSPORTATION FACILITIES, FUEL OR ENERGY SHORTAGES, ACTS OR OMISSIONS OF COMMUNICATIONS CARRIERS OR SUPPLIERS, OR OTHER CAUSES BEYOND ITS CONTROL WHETHER OR NOT SIMILAR TO THE FOREGOING. CONTRACTOR SHALL NOT BE LIABLE FOR ANY DAMAGE THAT CUSTOMER MAY SUFFER ARISING OUT OF USE OR INABILITY TO USE, THE SERVICES OR PRODUCTS PROVIDED HEREUNDER.
• CONTRACTOR SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS BY THIRD PARTIES TO CUSTOMER'S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF CUSTOMER'S NETWORK, SYSTEMS, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD.
• CONTRACTOR SHALL NOT BE RESPONSIBLE FOR NO SERVICE IMPAIRMENTS CAUSED BY ACTS WITHIN THE CONTROL OF CUSTOMER, ITS EMPLOYEES, AGENTS, SUBCONTRACTORS, SUPPLIERS OR LICENSEES, INTEROPERABILITY OF SPECIFIC CUSTOMER APPLICATIONS.
• EXCEPT AS EXPRESSLY SET FORTH IN OR CONTEMPLATED BY THIS AGREEMENT, IN ANY INSTANCE INVOLVING PERFORMANCE OR NONPERFORMANCE BY CONTRACTOR WITH RESPECT TO SERVICES OR PRODUCTS PROVIDED HEREUNDER, CUSTOMER'S SOLE REMEDY SHALL BE (A) IN THE CASE OF SERVICES, REFUND OF A PRO RATA PORTION OF THE PRICE PAID RELATED TO SERVICES WHICH WERE NOT PROVIDED, OR (B) IN THE CASE OF PRODUCTS, REPAIR OR RETURN OF THE DEFECTIVE PRODUCT TO CONTRACTOR FOR REFUND.
• Billing and Payment: Customer shall pay Contractor all charges due under this Agreement, without deduction or setoff. All payments shall be mailed to the address stated on the bill. Bills will be issued monthly and are due immediately upon receipt. All setup fees are due before beginning the project. Furthermore, customer agrees to pay any taxes due on the services, unless Customer provides a valid tax exemption certificate.
• Any and all hours are billable if call to property for a service request no matter whether works was performed or not. Even if the wrong address was given or no one onsite at the same time as Contractor with proper keys to be let in any lock doors, or incorrect information was given on the service request ticket.
• Call backs will be given proper attention and treated as a new service request until contractor has made an inspection. After all inspections are completed the customer will then receive information pertaining to call back. If call back is result of contractor error then no charges will be applied. If determine that contactor isn’t at fault then customer will be responsible for any billable hours including travel time.
• All service request ticket will be immediately bill after completion of service and the account holder is responsible for making sure that the account is payable no later than 30 days after invoice is mailed.
• Property Management companies will be responsible for any unpaid service request tickets if account authorize persons has been voluntarily release from the management or terminated.
• Collection agency will be involved in 90 days on all open unpaid accounts. Any accounts that have unsatisfied service ticket the account my not be closed until the accounts service tickets are paid in full.
• Termination: If Customer fails to pay any outstanding charges within ten (10) days after receipt of written notice from Contractor of delinquency, or if Customer fails to perform or observe any other material term or condition of this Agreement within thirty (30) days after receipt of written notice from Contractor of such failure, Contractor may terminate this Agreement. All such charges that are not previously due and payable shall be payable within thirty (30) days from the date shown on Contractor's invoice.
• Any legal action arising from or in connection with this Agreement, or any Services provided or work performed hereunder, must be brought within one (1) year after the cause of action arises.
• THE ARBITRATION SHALL BE GOVERNED BY THE UNITED STATES ARBITRATION ACT AND JUDGMENT ON THE AWARD MAY BE ENTERED BY ANY COURT HAVING JURISDICTION. THE PARTIES SHALL AGREE ON WHAT, IF ANY, DISCOVERY SHALL BE MADE AVAILABLE; IF THE PARTIES FAIL TO AGREE ON THE FORM OF DISCOVERY WITHIN 30 DAYS AFTER THE APPOINTMENT OF THE ARBITRATOR, THERE SHALL BE NO DISCOVERY OR ISSUANCE OF ANY SUBPOENAS. THE ARBITRATOR SHALL NOT LIMIT, EXPAND, OR MODIFY THE TERMS OF THIS AGREEMENT NOR AWARD DAMAGES IN EXCESS OF COMPENSATORY DAMAGES PERMITTED UNDER THIS AGREEMENT, AND EACH PARTY WAIVES ANY CLAIM TO SUCH EXCESS DAMAGES. THE ARBITRATOR SHALL NOT HAVE ANY ABILITY TO AWARD ANY EQUITABLE REMEDIES, AND SHALL BE LIMITED TO REMEDIES AVAILABLE AT LAW. THE ARBITRATOR SHALL NOT HAVE THE RIGHT TO AWARD ANY DAMAGES IN EXCESS OF DAMAGES THAT COULD LAWFULLY BE AWARDED BY A COURT OF COMPETENT JURISDICTION. THE ARBITRATOR SHALL ISSUE A WRITTEN DECISION CONTAINING FINDINGS AND CONCLUSIONS ON ALL SIGNIFICANT ISSUES. A REQUEST BY A PARTY TO A COURT FOR INTERIM PROTECTION SHALL NOT AFFECT EITHER PARTY'S OBLIGATION HEREUNDER TO MEDIATE AND ARBITRATE. EACH PARTY SHALL BEAR ITS OWN EXPENSES AND AN EQUAL SHARE OF ALL COSTS AND FEES OF THE MEDIATION AND/OR ARBITRATION. ANY MEDIATOR OR ARBITRATOR SELECTED SHALL BE COMPETENT IN THE LEGAL AND TECHNICAL ASPECTS OF THE SUBJECT MATTER OF THIS AGREEMENT. THE CONTENT AND RESULT OF MEDIATION AND/OR ARBITRATION SHALL BE HELD IN CONFIDENCE BY ALL PARTICIPANTS. EACH OF WHOM WILL BE BOUND BY AN APPROPRIATE CONFIDENTIALITYAGREEMENT.
• Neither party shall publish or use any advertising, sales promotions, press releases or other publicity which use the other party's name, logo, trademarks or service marks without the prior written approval of the other party.
• Contractor's performance obligations under this Agreement shall be solely to Customer and not to any third party. Other than as expressly set forth herein, this Agreement shall not be deemed to provide third parties with any remedy, claim, right of action, or other right. • THIS IS THE ENTIRE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER AND IT SUPERSEDES ALL PRIOR AGREEMENTS, PROPOSALS, REPRESENTATIONS, STATEMENTS, OR UNDERSTANDINGS, WHETHER WRITTEN OR ORAL, CONCERNING SUCH SERVICES.
• No change, modification, or waiver of any of the terms of this Agreement shall be binding unless included in a written agreement and signed by both parties.