Supplement to Client Services Agreement General Terms and Conditions

These “Additional Terms for Equipment, Applications, and Services” supplement and are made part of the Client Services Agreement General Terms and Conditions (“CSA”). Any capitalized terms in this document that are not defined herein shall have the meaning provided in the CSA.

 

ADDITIONAL TERMS FOR EQUIPMENT

Client agrees to comply with any Documentation provided by IoT-A or its supplier(s) pertaining to the Equipment.


Warranty

The manufacturer’s or other Third Party’s warranty on the Equipment shall be the sole warranty applying to Equipment. Client shall be entitled to the benefits and subject to the limitations of any warranty provided by the manufacturer or other Third Party. Although Client agrees that IoT-A has no warranty responsibility for the Equipment, IoT-A will use reasonable efforts to assist Client in obtaining warranty service from the manufacturer as provided in the manufacturer’s warranty.


At Termination/Expiration

IoT-A, at its discretion, may require Client to return certain Equipment (in particular, the LoRa gateway) when the Agreement terminates or expires. If Client is required to return the Equipment specified by IoT-A, Client, at its expense, must promptly return it to the location address specified by IoT-A within thirty (30) days following IoT-A’s request. IoT-A reserves the right to invoice Client for holdover charges if IoT-A requests the return of the Equipment but Client fails to do so within 30 days. If Client returns Equipment that has been damaged (normal wear and tear excepted) or destroyed, then IoT-A may invoice Client for costs of minor repairs, if applicable, or otherwise the replacement cost of the Equipment.

 

ADDITIONAL TERMS FOR APPLICATIONS

Client acknowledges and agrees that IoT-A is not responsible for backup and restoration of Client Data. IoT-A and its suppliers reserve the right both during the term of this Agreement and upon its termination or expiration to delete Client Data or other information that is stored on IoTA’s or its suppliers’ servers or systems, in accordance with IoT-A’s or its suppliers’ storage policies. Client may be required to execute the applicable EULA. Client agrees to comply with any Documentation provided by IoT-A or its supplier(s) pertaining to the Application(s). Client agrees that the Application(s) will be delivered electronically. IoT-A will use reasonable efforts to provide Client with technical support for the Applications.


Warranty

The warranty for each Application as provided by the developer or other Third Party shall be the sole warranty applying to the Application(s). Client shall be entitled to the benefits and subject to the limitations of any warranty provided by the developer or other Third Party. Client agrees that IoT-A has no warranty responsibility for the Application(s).


At Termination/Expiration

Client’s right to use Applications shall automatically terminate at termination or expiration and the Application shall be shut down electronically and no longer accessible by Client.

 

ADDITIONAL TERMS FOR SERVICES

To the extent that the Services require any software for use by the Client, Client may be required to execute the applicable EULA. Client acknowledges and agrees that (i) Client will have in place whatever procedures it deems necessary to protect it own Client Data, which may include without limitation making appropriate backup copies of the Client Data as frequently as deemed necessary; and (ii) IoT-A is not responsible for backup and restoration of Client Data. IoT-A and its suppliers reserve the right both during the term of this Agreement and upon its termination to delete Client Data or other information that is stored on IoT-A’s or its suppliers’ servers or systems, in accordance with IoTA’s or its suppliers’ storage policies.


Warranty

IoT-A will perform the Services in a professional and workmanlike manner with qualified personnel. IoT-A will use reasonable efforts to meet the requirements of the Service Level Targets.


At Termination/Expiration

At termination or expiration, IoT-A will immediately discontinue the Services.

 

END OF ADDITIONAL TERMS FOR EQUIPMENT, APPLICATIONS, AND SERVICES