October 2018 - Comtex Inc. | CCTV | Access Control

Terms & Conditions for a Wildix System

Thank you for selecting the Wildix Advanced Unified Communications and Collaboration System (“Wildix System” or “System”) that is virtualized and maintained at Amazon Web Services “AWS”, one of the most reliable data cloud service providers in the world. Please review this Terms and Conditions Agreement (“Agreement”) thoroughly because they regulate the usage of your new Wildix System. This Agreement is a legal agreement between Comtex, Inc., your Wildix vendor (“Comtex”) and the users of the Wildix System and Licenses, (“Client” or “You” or “Your”). Comtex and Client may be individually referred to as a “Party” or collectively as the “Parties.” The Descriptive Wildix Communication System Proposal (“Contract”), signed by You, is expressly incorporated herein and constitutes part of this Agreement. Your signature on Your Contract means that you accept these Terms and Conditions even if You choose not to read them. If You do not accept the terms and conditions stated herein, do not enter into a contract with Comtex to use the Wildix System. We reserve the right to revise these terms and conditions at any time by updating this posting. You should visit this page periodically to review these terms and conditions. If at any time, You do not agree to any of the terms of this Agreement, You shall immediately stop using the Wildix System but You will still be subject to the Contract terms and the payments due thereunder. If You are entering into this Agreement on behalf of a company, organization or another legal entity (“Entity”), You are agreeing to this Agreement for that Entity and are representing to Comtex that You have the authority to bind such Entity and its affiliates to this Agreement. If You do not have such authority, or if You do not agree with this Agreement, You must not accept this Agreement and may not use the Wildix System or any of the features. Each end user of Your Wildix System requires a Wildix license (“License”) to enable use and access to communication and collaboration features, Wildix hardware, and the Wildix web portal. Comtex does not order, supply, provision, service or repair any dial tone or internet services and Your Contract pricing does NOT include the cost of these services. Such services are provided to You by a third-party carrier of Your choice under a separate contract and terms. You are responsible to order and pay for these required services. If there is a support issue, please call Comtex first so we can diagnose Your issue and if necessary to the resolution of Your issue, we will direct You to call Your carrier. I. 911 and e911 Notice and Disclosure. There are differences between the 911 and E911 access capabilities available through Your System (“VoIP 911 and E911 Service”) as compared to the 911 and E911 access capability available with traditional wired non-VoIP telephone systems. By executing this Agreement and activating your Licenses, You affirmatively acknowledge that (i) You have read and understand this Section and Your dial tone carrier’s 911 and e-911 warnings, (ii) You may not be able to contact emergency services by dialing 9-1-1 using the VoIP 911 and E911 Service and (iii) You must inform Users of the Services that they may not be able to contact emergency services by dialing 9-1-1 using the VoIP 911 and E911 Service. Your dial tone carrier provides You access to emergency calling services, allowing You to access either basic 911 or Enhanced 911 (E911) service. Your access may differ depending on Your location or the device You are using, and emergency calling services work differently than traditional wireline or wireless telephones. It is strongly recommended that You have an alternative means for placing emergency calls available at all times. Wildix IP Desk Phone or Soft Phones (“Phones”) can dial 911. Calls to 911 placed through the Wildix Mobile Application on a smartphone are automatically routed to the native dialer on the smartphone, and the call will be handled by Your wireless service provider if wireless service is available. The Wildix Mobile Application cannot place emergency calls over Wi-Fi access. Emergency dialing is not available through the Wildix Mobile Application on tablets or other mobile devices without a native phone dialer and a wireless service plan. A. How it Works. When a Wildix user dials 911 on an IP Desk or Softphone, Your phone number and the Registered Address You have provided to your dial tone carrier is sent to the local emergency center serving Your location. Your “Registered Address” is the address of the physical location where You will use Your Wildix Phones. Comtex does not control whether or not the emergency operator receives Your telephone number and Registered Address. B. Service limitations. 911 service will not function in the event of an Internet or power outage, if You do not have cellular service (on the Wildix Mobile Application), or if Your broadband, ISP, or Licenses are terminated or expire. The Wildix Mobile Application cannot send emergency calls over Wi-Fi access. C. Registering Your Location. Prior to the activation of Your Wildix System, You agree to register with Your Dial Tone provider, the address of the physical location where You will use the Wildix System for each Phone. You must register the address of where any remote phones are physically located. You acknowledge that if You do not update the Registered Address, any 911 calls made from the device may be sent to the wrong emergency response center and will not transmit Your current location information to emergency responders, delaying emergency assistance to You. D. Notification of Employees, Guests, or Other Users. You agree to notify any employees, contractors, guests, or persons who may place calls using the System or may be present at the physical location where the System may be used, of the limitations of 911 Service from Your Wildix Phones. You and Your End Users should always have an alternative means for placing 911 calls. E. Disclaimer of Liability for Emergency Call Response. You acknowledge

Terms & Conditions For Access Control and CCTV Systems

Comtex Inc. / October 17, 2018

Thank you for selecting Comtex to supply and install a CCTV and/or Access Control System (“System”). Please review this Terms and Conditions Agreement (“Agreement”) thoroughly because they regulate the installation and service of your system and it applies to all future transactions with Comtex Inc., including but not limited to purchases, programming, repairs, and installations. This Agreement is a legal agreement between Comtex, Inc., (“Comtex” or “We” or “Our”) and Your Company, (“Client” or “You” or “Your”). Comtex and Client may be individually referred to as a “Party” or collectively as the “Parties.” The Descriptive CCTV and/or Access Control Proposal (“Contract”), that You signed, describing the equipment, installation and cost of Your System, is expressly incorporated herein and constitutes part of this Agreement. If You are entering into this Agreement on behalf of a company, organization or another legal entity (an “Entity”), You are agreeing to this Agreement for that Entity and are representing to Comtex that You have the authority to bind such Entity and its affiliates to this Agreement. ALL CCTV, VIDEO SURVEILLANCE, AND ACCESS CONTROL SYSTEMS, PRODUCTS, EQUIPMENT, CABLING, ACCESSORIES, REMOTE SUPPORT, PROGRAMMING, SOFTWARE, REPAIR AND SERVICES SUPPLIED, SOLD, DEPLOYED, RELOCATED OR INSTALLED BY COMTEX ARE SUBJECT TO THE FOLLOWING TERMS & CONDITIONS. I. DISCLAIMERS Any System installed by Comtex is designed to reduce the risk of loss or damage to or at Your premises so far as this can be done by the use of these systems. However, regardless of whether Your System is working properly or not, We do not guarantee that it will deter, prevent or capture illegal activity. We do not guarantee that the equipment cannot be removed, tampered with or made to stop working by You or any unauthorized person. We do not guarantee that it will not fail to record or require service at some point. We do not guarantee that it will secure your property, belongings or people on or near your property. Comtex does not warrant or represent that that the operation of Your System will be uninterrupted or error free. Comtex does not act and shall not be deemed to act as an insurer of Your property or the contents contained therein. Comtex does not provide a warranty that by virtue of the installation of one or more types of systems, the property, people or contents contained therein are completely secure or safe. Comtex does not sell or install burglar alarms and does not provide burglar or alarm monitoring services. You may contact a vendor who supplies and installs burglar alarms that may compliment Your System. Comtex shall have no liability in contract or tort for any loss suffered and in particular, we do not accept any liability whatsoever for any consequential loss or damage (including loss of earnings or profits or anticipated profits) which may arise from any malfunction or defect of any System. Should any of the above occur, Comtex is not responsible for any losses you may suffer directly or indirectly. A. DISCLAIMER OF WARRANTIES EXCEPT AS SPECIFICALLY SET FORTH IN YOUR CONTRACT AND THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY SYSTEM INSTALLED BY COMTEX IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND COMTEX MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE, TOGETHER WITH SIMILAR WARRANTIES, WHETHER ARISING UNDER ANY LAW OR OTHERWISE SPECIFICALLY AND WITHOUT LIMITING THE FOREGOING IN ANY WAY, COMTEX SPECIFICALLY DISCLAIMS ANY WARRANTY: (i) THAT ANY PRODUCT OR SOFTWARE WILL MEET ANY PARTICULAR REQUIREMENTS; OR (ii) THAT THE SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT ANY DEFECTS IN THE SYSTEM OR SOFTWARE WILL BE CORRECTED; THE PARTIES AGREE, AND IT IS THEIR INTENTION, THAT IN NO EVENT SHALL ANY WARRANTY PROVIDED BY LAW APPLY UNLESS REQUIRED TO APPLY BY APPLICABLE STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. TO THE EXTENT THAT COMTEX CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. B. LIABILITY DISCLAIMER TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMTEX, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR PARTNERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, REPUTATIONAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, (1) DAMAGES FOR LOST OR ANTICIPATED PROFITS, LOSS OF USE, BUSINESS, OR GOODWILL; (2) LOSS OR CORRUPTION OF DATA, EQUIPMENT, OR PRODUCTS; (3) COST OF PROCUREMENT, COVER, OR SUBSTITUTE GOODS OR SERVICES; (4) LOST OPPORTUNITY; (5) ANY OTHER INTANGIBLE LOSSES, EVEN IF COMTEX WAS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR ARISING OUT OF THE USE OF ANY GOODS OR SERVICES PROVIDED BY COMTEX WHETHER IN ANY OF THE FOREGOING, HOWEVER CAUSED, ARISING UNDER WRITTEN OR ORAL CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER THEORY OF LIABILITY, EVEN IF COMTEX HAS BEEN INFORMED IN ADVANCE OR COULD HAVE REASONABLY FORESEEN SUCH COSTS, DAMAGES OR LOSSES. IF ANY LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN COMTEX’S TOTAL CUMULATIVE LIABILITY WILL NOT EXCEED $500.00. THE LIMITATION OF LIABILITY SET FORTH IN THIS SUB-SECTION DOES NOT APPLY TO LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE ANY LIABILITY WHICH MAY NOT BE RESTRICTED, LIMITED OR EXCLUDED PURSUANT TO APPLICABLE LAW. THIS SECTION SHALL NOT DISCLAIM, LIMIT, OR CAP CLIENT’S OBLIGATION TO PAY ANY FEES OR CHARGES OR OTHER AMOUNT OWED TO COMTEX OR ANY DAMAGES TO WHICH COMTEX IS ENTITLED UNDER APPLICABLE LAW. II. INDEMNIFICATION A. Indemnification Obligations To the maximum extent permitted by applicable Law, You shall indemnify and hold harmless, individually and collectively, Comtex, its affiliates, agents, and employees and other providers who furnish goods and services to You in connection with Your System, and their officers, directors, managers, and employees (the “Indemnified Parties”)