Hosted Services Agreement
This contract is made between the A2z Pro Solutions LLC and the Lessee
Payment: A2z Pro Solutions LLC agrees to install telecom equipment, and Lessee agrees to make monthly payments described on work order upon the terms set forth herein. An initial installment payment hereunder shall be due immediately upon purchase Subject to A2z Pro Solutions LLC approval you may provide an alternate form of payment for any installment due.
Payments are due on the first day of the month. The monthly payment will be considered late after the 5th of the month and will incur a late charge of $50.00 and services may be suspended by A2z Pro Solutions until payments are received in full. There will also be a $125.00 service fee to return services if suspended. If services are suspended from non-payment, the contract is still in place and monthly payments are still due for the term of the contract. Should Buyer fail to pay in full, A2z Pro Solutions may declare Buyer to be in default of this Agreement and all equipment will be removed from the premises by repossession with judicial proceeding to follow. All equipment installed is the property of A2z Pro Solutions LLC. Any equipment not returned to A2z Pro Solutions LLC will be charged to the customer at the termination of the lease at standard rates.
Toll Free calls: If you elect to use any “TollFree” feature offered by A2z Pro Solutions LLC, we are entitled to recover from you any charges imposed on us either directly or indirectly in connection with toll free calls made to your number. We may recover these amounts by means of a per-call charge, rounded up to the next cent, or in such other fashion as deemed appropriate in our sole discretion. Unless otherwise agreed or otherwise indicated on A2z Pro Solutions LLC web site, Toll Free usage will be billed at$ 0.039 per minute.
Additional Information Credit Check: A2z Pro Solutions LLC may, in its discretion, require additional information from Lessee for the purpose of determining Buyer's creditworthiness and Lessee agrees to provide such information in a timely fashion following Seller's request therefore. In the event Buyer refuses to provide this information, Seller may elect to terminate this Agreement.
LIMITATION OF LIABILITY: IN NO EVENT SHALL A2Z PRO SOLUTIONS, LLC BE LIABLE TO YOU, YOUR REPRESENTATIVES OR AUTHORIZED ASSIGNS OR ANYONE ELSE FOR ANY INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE,EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF REVENUE OR PROFITS, RELATING TO OR ARISING OUT OF THE SERVICES, THE USE OFOR INABILITY TO USE THE SERVICES, THE ABSENCE, DELAY, FAILURE OR OUTAGE OF THE SERVICES, ANY LOSS OF CUSTOMERS, LOSS OF BUSINESS OPPORTUNITIES, OR PERCEIVED REPUTATIONAL DAMAGE RESULTING FROM THE USE OF AND/OR INABILITY TO USE THE SERVICES, THE INABILITY TO DIAL 911 OR E911 TO ACCESS EMERGENCY SERVICE PERSONNEL, THE INABILITY TO DIAL SECURITY, LAW ENFORCEMENT OR FIRE PREVENTION/PROTECTION SERVICES OR SYSTEMS, THE DEVICE, THE USE OF AND/OR INABILITY TO USE THE DEVICE, THE INSTALLATION OF THE DEVICE, AND/OR THIS AGREEMENT. NOR SHALL A2Z PRO SOLUTIONS, LLC BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE SERVICES, INCLUDING 911 DIALING, AT ANY TIME OR FROM TIME TO TIME, OR FOR ANY INTERRUPTION OR DEGRADATION OF VOICE QUALITY CAUSED BY ANY REASON INCLUDING BUT NOT LIMITED TOTHE FOLLOWING: AN ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER,VENDOR OR THIRD PARTY, EQUIPMENT, NETWORK OR FACILITY FAILURE, EQUIPMENT,NETWORK OR FACILITY UPGRADE, SERVICE, MAINTENANCE, MODIFICATION, SHORTAGE, OR RELOCATION, FORCE MAJEURE EVENTS SUCH AS BUT NOT LIMITED TO ACTS OF GOD,ADVERSE WEATHER, STRIKES, FIRE, WAR, RIOT, GOVERNMENT ACTIONS OR TERRORISM,SERVICES, DEVICE, EQUIPMENT, NETWORK OR FACILITY FAILURE CAUSED BY THE LOSS OF POWER OR INTERNET SERVICE TO A2Z PRO SOLUTIONS, LLC OR CUSTOMER, AND ANY CAUSE THAT IS BEYOND A2Z PRO SOLUTIONS’, LLC CONTROL, INCLUDING WITHOUT LIMITATION THE FAILURE OF AN INCOMING OR OUTGOING COMMUNICATION, THE INABILITY OF COMMUNICATIONS TO BE CONNECTED OR COMPLETED, INCLUDING 911 DIALING, OR DEGRADATION OF VOICE QUALITY. A2Z PRO SOLUTIONS, LLC SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO A2Z PRO SOLUTIONS, LLC OR CUSTOMER’S TRANSMISSION FACILITIES OR PREMISES, EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER’S DATA FILES, PROGRAMS,PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF A2Z PRO SOLUTIONS, LLC NEGLIGENCE OR OTHER ACTS OR OMISSIONS. A2Z PRO SOLUTIONS, LLC LIABILITY FOR ANY ACT OR OMISSION SHALL IN NO EVENT EXCEED THE SERVICE CHARGES WITH RESPECT TOTHE AFFECTED TIME PERIOD. THE LIMITATIONS SET FORTH HEREIN APPLY TO ALL CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT, AND ANY AND ALL OTHER THEORIES OF LIABILITY, AND APPLY WHETHER OR NOT A2Z PRO SOLUTIONS, LLC WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGE. FURTHER, YOU AGREE TO REIMBURSE A2Z PRO SOLUTIONS, LLC FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS’ FEES AND LITIGATION COSTS. THE PROVISIONS OFTHIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST A2Z PRO SOLUTIONS, LLC TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW.
INDEMNIFICATION: YOU ARE LIABLE FOR ANY AND ALL USEOF THE SERVICES AND/OR DEVICE BY YOURSELF AND BY ANY PERSON MAKING USE OF THE SERVICE OR DEVICE, AND YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS A2Z PRO SOLUTIONS, LLC AGAINST ANY AND ALL LIABILITY FOR ANY SUCH USE THAT FAILS TO COMPLY WITH THIS AGREEMENT. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS A2Z PRO SOLUTIONS LLC FROM ANY AND ALL CLAIMS AND/OR LIABILITY FOR DAMAGES, PERSONAL INJURY, DEATH,FINES, PENALTIES, COSTS, EXPENSES, LOSSES, LOST PROFIT, LOST REVENUE, PROPERTY DAMAGE, LOSS OF CUSTOMERS OR BUSINESS OPPORTUNITIES, REPUTATIONAL DAMAGE,ATTORNEYS’ FEES, AND ANY AND ALL OTHER DAMAGES OF WHATEVER KIND AND NATURE RELATING TO OR ARISING OUT OF THE SERVICE, THE USE OF OR INABILITY TO USE THE SERVICE, THE ABSENCE, FAILURE OR OUTAGE OF THE SERVICE, THE INABILITY TO DIAL911 OR E911 TO ACCESS EMERGENCY SERVICE PERSONNEL, THE INABILITY TO DIAL SECURITY, LAW ENFORCEMENT OR FIRE PREVENTION/PROTECTION SERVICES OR SYSTEMS,THE DEVICE, THE USE OF AND/OR INABILITY TO USE THE DEVICE, THE INSTALLATION OFTHE DEVICE, AND/OR THIS AGREEMENT UNLESS THE CLAIMS OR CAUSES OF ACTION ARISE FROM OUR RECKLESSNESS OR WILLFUL MISCONDUCT. THIS SECTION SHALL SURVIVE THE AGREEMENT.
Termination: A2z Pro Solutions LLC reserves the right to suspend, discontinue, or terminate the Services and this Agreement at any time and for any reason in our sole and absolute discretion. In the event that we terminate the Services without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month’s charges. If the Services are discontinued or terminated as a result of your breach of this Agreement, you will be responsible for the full charges to the end of the current term, including, without limitation, un-billed charges and any applicable termination fee, all of which will immediately become due and payable.
Warranties and Exclusions: Equipment will carry a manufacturer warranty for the duration of the lease agreement. Service does not cover repair for damages or malfunctions, or performance characteristics caused by: (1) use of non- A2z Pro Solutions LLC furnished equipment or software; or facilities with the Product; (2) your failure to follow A2z Pro Solutions installation, operation or maintenance instructions, including your failure to permit A2z Pro Solutions a timely access to your Product; (3) failure or malfunction of equipment, software or facilities not serviced by A2z Pro Solutions LLC; (4) actions of non- A2z Pro Solutions personnel. A2z Pro Solutions LLC does not warrant uninterrupted or error free operation of the Product. In addition, A2z Pro Solutions LLC is not obligated to provide warranty or post-warranty service if you modify the Product. If you request, A2z Pro Solutions LLC may perform repair or other services not covered by this Agreement to your Product at A2z Pro Solutions LLC, standard rates for such services will apply. A2z Pro Solutions LLC will not be responsible for issues arising from Internet providers or third-party vendors.
Although Products are designed to be reasonably secure, A2z Pro Solutions LLC makes no express or implied warranty that Products are immune from or prevent fraudulent intrusion, unauthorized use or disclosure or loss of proprietary information. Certain Software features, if purchased, such as Password Reset, Conference Mailbox, Skip Password and Monitor Mailbox, when enabled, could be improperly used in violation of privacy laws. By ordering Products with these features, or separately ordering such features, you assume all responsibility for assuring their proper and lawful use. A2z Pro Solutions LLC will not be responsible for any fees or issues pertaining to the hacking of and or wrongful use of any of our products or customers property.
You agree to notify A2z Pro Solutions LLC prior to moving a Product. Additional charges may apply if A2z Pro Solutions LLC incurs additional costs in providing warranty or post-warranty services as a result of a move of a Product.
If the Product supports Telephony over Transmission Control Protocol/Internet Protocol (TCP/IP) facilities, you may experience certain compromises in performance, reliability and security, even when the Product performs as warranted. These compromises may become more acute if you fail to follow A2z Pro Solutions recommendations for configuration, operation and use of the Product. YOU ACKNOWLEDGE THAT YOU ARE AWARE OF THESE RISKS AND THAT YOU HAVE DETERMINED THEY ARE ACCEPTABLE FOR YOUR APPLICATION OF OUR PRODUCTS. YOU ALSO ACKNOWLEDGE THAT, UNLESS EXPRESSLY PROVIDED IN ANOTHER AGREEMENT, YOU ARE SOLELY RESPONSIBLE FOR (1) ENSURING THAT
YOUR IT NETWORKS AND SYSTEMS ARE ADEQUATELY SECURED AGAINST UNAUTHORIZED INTRUSION AND (2) BACKING UP YOUR DATA AND FILES.
Fees:
(a) Fee: Lessee agrees to pay the published Origination Fee with and in addition to the first installment payment due hereunder. Additionally, Buyer shall pay all costs of filing this contract or any financing or termination statement with respect to the goods, and appoints seller buyer's attorney-in-fact to do whatever A2z Pro Solutions LLC may deem necessary to perfect or continue perfected its security interest in the goods.
(b) Late Fees: A late fee of $50.00 per late payment shall also apply.
Retention of title/security interest: A2z Pro Solutions LLC shall retain title in, and ownership of the goods, together with a security interest therein and any and all equipment, parts, accessories, attachments, additions and other goods, and all replacements of them, affixed to or used in connection with the goods and, if Lessee sells or otherwise disposes of the goods in violation of the terms of this agreement, in the proceeds of such sale or disposition. A2z Pro Solutions LLC may, in its sole discretion, elect to file a Notice of Security Interest with the State of Buyer's residence to protect this Security Interest in the Equipment.
Condition of Equipment: Upon receipt of the Equipment, Buyer shall be deemed to have inspected the Equipment and acknowledged that the Equipment is in good and acceptable condition, unless s A2z Pro Solutions LLC hall have received written notice of any defect or damage immediately following receipt of the Equipment.
Damage; Damage Protection:
(a) Buyer responsibility: Lessee shall be responsible for any theft, loss or damage to the equipment, and in the event of such loss or damage, shall remain responsible for all installment payments hereunder.
Maintenance: Lessee Buyer shall keep the goods in good condition and free from liens and other security interests, shall pay promptly all taxes and assessments upon them or with respect to their use, shall not use the goods illegally or dispose of or encumber them, shall not remove the goods from the premises to which they are delivered as stated on the face of this contract, without the prior written consent of seller and shall not permit the goods to be fixtures, or to become accessions to other goods unless on the front page of this agreement it is indicated that the goods are to be attached to real estate in which case buyer agrees to furnish seller with a disclaimer or disclaimers, in form satisfactory to seller, signed by all persons having an interest in the real estate, of any interest in the goods which is prior to seller's interest.
Cancellation: Lessee may not cancel this Agreement at any time, unless given permission by the seller. A penalty will be accessed to the buyer for early termination. Penalty to be determined by A2z Pro Solutions LLC.
Events of default: The occurrence of any of the following shall constitute a default under this agreement:
(a)Failure of Lessee to perform any obligation or agreement specified in this agreement, or if any warranty or representation made under this agreement by buyer should prove to be materially incorrect;
(b) The death of Lessee, any cosigner or guarantor on any obligation secured by this agreement, or the dissolution, merger, consolidation or reorganization of any corporate buyer or corporate obligor on such obligation;
(c) The institution of any proceeding in bankruptcy, receivership or insolvency against buyer; or against any obligor on any secured obligation or the institution by any party of action for attachment or similar process;
(d) The issuance of execution process against any property of buyer or any such co obligor, or the entry of any judgment against Lessee or any such co obligor, or any assignment for benefit of creditors or similar action adversely involving any such party;
(e) Any condemnation, levy, forfeiture or similar action against the goods or any part of them;
(f) When seller shall in good faith and upon reasonable grounds believe that the prospect of performance of any obligation of Lessee under this agreement, or of performance or payment of any obligation secured by this agreement, by Lessee or any other obligor on them, is materially diminished;
(g) The default by Lessee under any other contract obligations, or installment sale security agreement between the parties to this security agreement.
Remedies on default: In the event of a default, or if seller or seller's assignee shall consider the payment of the balance of the installment payments insecure, seller shall have the right to:
(a) Obtain judgment for the amount of the installments and late fees delinquent under the contract plus interest at eighteen percent (18%) or the (highest allowed by law)on such delinquent payments from due date, plus attorney's fees without prejudicing seller's right to subsequently obtain judgment for additional, or the balance of, the installments or to exercise other rights contained in this agreement or at its option, declare all unpaid installments, late fees and other moneys due or to become due under this contract immediately due and payable and to obtain judgment for the total amount of unpaid installments due plus interest of eighteen percent (18%) or the (highest allowed by law) on delinquent payments and late fees from due date and reasonable attorney's fees;
(b) Enter any premises and without breach of the peace take possession of the goods; and
(c) Exercise the rights on default of a secured party under the Uniform Commercial Code.
(d) Report the Equipment to police or other government authorities as having been stolen.
Seller may require buyer to assemble the goods and make them available to seller at a place to be designated by seller which is reasonably convenient to seller and buyer. Seller shall have the right to take immediate possession of the goods wherever found, with or without legal process, and to sell or otherwise dispose of the goods. Unless the goods are perishable or threaten to decline speedily in value or are of a type customarily sold on a recognized market, seller shall give buyer reasonable notice of the time and place of any public sale of the goods or the time after which any private sale or other intended disposition is to be made. The requirements of reasonable notice shall be met if such notice is mailed, postage prepaid, to the address of the buyer shown at the beginning of this contract or such other address of buyer as may from time to time be shown on seller's records, at least five days prior to such action. Buyer shall pay any deficiency that may remain after exercise of such rights plus expenses of retaking, holding, preparing for sale, selling or the like, including seller's reasonable attorney's fees. All of seller's rights under this agreement are cumulative and no waiver of any default shall affect any later default. Miscellaneous terms and provisions.
(e) The sale of Lessee company does not release the contract and will be due in full or transferrable to new entities with A2z Pro Solutions LLC permission.
(a) Loss or damage to the goods shall not release Lessee buyer from its obligations hereunder.
(b) Repairs to the goods and equipment or accessories placed on the goods shall be at buyer's expense and shall constitute component parts of the goods, subject to the terms of this contract.
(c) If any part of this contract is adjudged invalid, the remainder shall not be rendered invalid and the offending portion shall be excised here from.
(d) Seller may assign this contract but Lessee buyer shall not. Seller's assignee shall have all of the rights, powers and remedies of seller but shall be subject to none of seller's obligations, and any right, remedy or authority conferred upon seller under this agreement shall upon assignment be deemed to be conferred upon seller's assignee, even though the term "seller" only is used in this agreement, and any notice to which seller is entitled shall be given to seller's assignee if buyer has notice of an assignment.
(e) Lessee shall not assert against any assignee of this contract any defense which buyer may have against seller.
(f) If there be more than one signer of this contract, their obligations shall be joint and several and each specifically waive presentment or demand and agree that any extension or extensions of time of payment of this contract or any installment or part installment may be made before, at or after maturity by agreement with any one or more of the parties, and they waive any right which they may have to require the holder to proceed against any person.
(g) This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. The parties hereby submit to the jurisdiction of the Colorado courts at Colorado Springs, Colorado for resolution of any matter or controversy arising out of this Agreement, and a judgment by a Colorado court may be entered and enforced by any court in any jurisdiction where either the Buyer or the Equipment may be located. In the event of legal action to enforce the provisions of this Agreement, the prevailing party shall be entitled to interest and attorneys’ fees in addition to compensatory, consequential and incidental damages.
(h) Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service to the parties’ addresses as specified in this Agreement. Either party may change such addresses from time to time by providing notice as set forth above.
(i) The parties' rights under this Agreement are cumulative, and shall not be construed as exclusive of each other unless otherwise required by law.
(j) The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. The acceptance of payments by Seller does not waive Seller’s right to enforce any provisions of this Agreement.
(k) Except for damages, claims or losses due to Seller’s acts or negligence, Lessee, to the extent permitted by law, will indemnify and hold Seller and Seller’s property, free and harmless from any liability for losses, claims, injury to or death of any person, including Buyer, or for damage to property arising from Buyer using and possessing the Equipment or from the acts or omissions of any person or persons, including Buyer, using or possessing the Equipment with Buyer’s express or implied consent.
Warranty as to use: Buyer warrants that the goods are purchased for use primarily for Business purposes. PURCHASED OR REPLACEMENT PARTS AND PRODUCTS MAY BE NEW, REMANUFACTURED OR REFURBISHED. Any removed parts and/or Products will become the property of A2z Pro Solutions LLC.
Prohibited Uses:
Unlawful: You shall use the Service and the Device only for lawful purposes. A2z Pro Solutions LLC reserves the right to immediately terminate your Service if, in our sole and absolute discretion, A2z Pro Solutions LLC determines that you have used the Service or the Device for an unlawful purpose. In the event of such termination, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service. If A2z Pro Solutions LLC believes that you have used the Service or the Device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, A2z Pro Solutions LLC will provide information in response to law enforcement requests, including, but not limited to, subpoenas, court orders, and requests for wire taps etc., from the government under the Patriot Act, to protect its rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others.
Inappropriate Conduct: You shall not use the Service or the Device in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or any similar behavior. A2z Pro Solutions LLC reserves the right to immediately terminate your Service if, in our sole and absolute discretion, A2z Pro Solutions LLC determines that you have used the Service or the Device in any of the aforementioned ways. In the event of such termination, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service. If A2z Pro Solutions LLC believes that you have used the Service or the Device in any of the aforementioned ways, A2z Pro Solutions LLC will forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, A2z Pro Solutions LLC will provide information in response to law enforcement requests, including, but not limited to, subpoenas, court orders and requests for wire taps etc., from the government under the Patriot Act, to protect its rights and property and in the case where failure to disclose the information may lead to imminent harm to the Customer or others.
Caller ID When available with the service(s) you have purchased from A2z Pro Solutions LLC, Caller ID information will be presented on inbound calls, within the My A2z Pro Solutions LLC website, and within certain email communications. Caller ID information is provided as is, and A2z Pro Solutions does NOT assure, warrant, or assume any liability for the validity or accuracy of the Caller ID information provided. The Caller ID information provided by A2z Pro Solutions LLC may NOT be used for any of the following: collection of Caller ID data for resale, licensing, or any re-distribution to another party; any form of auto-dialing to obtain bulk Caller ID information; collection of Caller ID data for any use other than the services provided directly by A2z Pro Solutions LLC. Customer acknowledges that all rights, title and interest to the Caller ID information provided by A2z Pro Solutions LLC, regardless of the form of media in which it is contained, shall be the sole and exclusive property of, and are retained by, A2z Pro Solutions LLC and/or A2z Pro Solutions LLC Caller ID information suppliers.
Tampering with the Service: You shall not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose.
Entire Agreement
This writing contains the full, final and exclusive statement of the contract between the parties and no agreement or warranty shall be binding on the seller unless expressly contained in it.
Post Warranty Service
If you subsequently purchase products ("Added Products") from A2z Pro Solutions LLC or a third party and co ‑locate those products with the existing ones, those Added Products will be automatically covered under this Agreement. For Added Products purchased from A2z Pro Solutions or an authorized A2z Pro Solutions reseller, post ‑warranty service coverage will be effective upon A2z Pro Solutions warranty expiration. Added Products purchased from a party other than A2z Pro Solutions, or any authorized A2z Pro Solutions LLC resellers are VOID. A2z Pro Solutions LLC then current rates for such post ‑warranty service coverage will be effective immediately added to Products. Charges for Added Products will be at the then current rate.
EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY THE ENTIRE LIABILITY OF A2Z PRO SOLUTIONS LLC AND ITS SUBSIDIARIES, AFFILIATES AND SUBCONTRACTORS, (AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS AND SUPPLIERS OF ALL OF THEM).
A2Z PRO SOLUTIONS LLC SHALL NOT BE LIABLE FOR THE FOLLOWING TYPES OF DAMAGES: (1) INDIRECT OR INCIDENTAL DAMAGES; (2) SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO: LOST PROFITS, SAVINGS OR REVENUES OF ANY KIND, LOST, CORRUPTED, MISDIRECTED OR MISAPPROPRIATED DATA OR MESSAGES; AND CHARGES FOR COMMON CARRIER TELECOMMUNICATION SERVICES OR FACILITIES ACCESSED THROUGH OR CONNECTED TO PRODUCTS (“TOLL FRAUD”). A2Z PRO SOLUTIONS LLC SHALL NOT BE LIABLE FOR THE TYPES OF DAMAGES ENUMERATED ABOVE WHETHER OR NOT A2Z PRO SOLUTIONS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PARAGRAPH SHALL SURVIVE THE FAILURE OF ANY EXCLUSIVE REMEDY.
A2z Pro Solutions LLC shall have no liability for delays, failure in performance or damages due to: fire, explosion, power failures, pest damage, lightning or power surges 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 raw materials, transportation facilities, fuel or energy shortages, performance or availability of communications services or network facilities unauthorized use of the Products, or other causes beyond A2z Pro Solutions LLC control whether or not similar to the foregoing.
THIRD PARTY PRODUCTS
The decision to acquire or use hardware, software (in any form), networks, supplies, facilities or services from parties other than A2z Pro Solutions LLC (“Third Party Products”) is yours; even if A2z Pro Solutions LLC helps you identify, evaluate or select them.
EXCEPT AS SPECIFICALLY AGREED TO IN WRITING, A2Z PRO SOLUTIONS LLC IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS LIABILITY FOR, PERFORMANCE OR QUALITY OF THIRD PARTY PRODUCTS OR THEIR SUPPLIERS, AND THEIR FAILURE TO MEET YOUR EXPECTATIONS WILL NOT AFFECT YOUR OBLIGATIONS TO A2Z PRO SOLUTIONS LLC; any claim that you have in connection with the Third Party Products and any remedies for such claim will be against the supplier of such Third Party Products.
Taxes: Customer is responsible for, and shall pay any applicable federal, state, municipal, local or other governmental sales, use, excise, Universal Service Fees, value-added, personal property, public utility and other taxes, fees and charges now in force or enacted in the future, that arise from or as a result of Customer’s subscription or use or payment for the Services. Such amounts are in addition to payment for the Services will be billed to you. If you are exempt from payment of such taxes, you will provide us with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such certificate.
Terms of Payment: Customer shall pay the purchase price, which includes freight charges, plus applicable taxes according to the following payment schedule: Payment is due on the date of installation. Price will be pro-rated to the month of installation.
A penalty of $50.00 (per month) will be accessed as an equipment late fee if terms of payment above are not met in terms of late or non-payment. Payments are due the first day of each month and will be considered late on the 5th day of every month. All equipment will remain the property of A2z Pro Solutions and may be removed from the customer premises, or disconnected from all services either remote or in person at any time. A2z Pro Solutions will not be responsible for lost business if payment issues shall arise.
E911 Disclaimer
A2z Pro Solutions LLC provides you with phone services over your broadband connection. There is an important difference between the A2z Pro Solutions LLC service and the phone service provided over a traditional phone line – this difference is that the 9-1-1 dialing feature with A2z Pro Solutions has important limitations that you should be aware of and that you advise others that may use the A2z Pro Solutions service in your residence or business.
If you move the location of where you use the A2z Pro Solutions LLC service, you must affirmatively activate the 9-1-1 dialing feature at that location by registering the address. If you fail to register your location or change the address to a new location, the 9-1-1 dialing feature will not function properly and potentially no emergency services will be sent to your location.
If you lose power or there is a disruption to power where the location where A2z Pro Solutions is used, neither A2z Pro Solutions LLC nor the 9-1-1 dial feature will function until power is restored. You should also be aware that after a power failure or disruption, you may need to reset or reconfigure the A2z Pro Solutions LLC device prior to utilizing the service, including the 9-1-1 dialing feature.
If your internet or broadband service is lost, suspended, terminated or disrupted, neither A2z Pro Solutions LLC nor the 9-1-1 dial feature will function until the internet or broadband services are restored.
If your A2z Pro Solutions LLC account is suspended or terminated. The A2z Pro Solutions LLC service outage will prevent the 9-1-1 dialing feature from functioning. There may be greater possibility of network congestion and/or reduced speed in the routing of 9-1-1 dialed calls utilizing A2z Pro Solutions as compared to traditional 911 dialing over traditional public telephone networks.
You are responsible for the accuracy and the completeness of the address that you submit for the location at which will be used and to which emergency service will be sent in the event that you use the 9-1-1 dialing service. You are responsible for updating and of the advising us of any and all changes to the address or location at which the A2z Pro Solutions LLC service will be used. A2z Pro Solutions LCC uses a third party to route the 9-1-1 dialed calls to the applicable local emergency response center or to the national emergency calling centers. We make no warranties or guarantees as to whether, or the manner in which, 9-1-1 dialed calls that you make are answered or responded to by the local emergency response center or by national emergency calling centers. We disclaim any and all liability or responsibility in the event that the third-party data used to route 9-1-1 dialed calls is incorrect or yields an erroneous result. Neither A2z Pro Solutions LCC, its officers, directors, stockholders, parent corporation, its affiliated or subsidiary corporations, employees, representatives or agents may be held liable for any claim, damage or loss and you hereby waive any and all such claims or causes of action arise from A2z Pro Solutions LCC gross negligence, recklessness or willful misconduct. You agree to release, indemnify, defend and hold harmless A2z Pro Solutions LCC, its officers, directors, stockholders, parent corporation, its affiliated or subsidiary corporations, employees, representatives or agents and any other service provider who furnishes services to you from any and all claims, damages, losses, suites or actions, fines. Penalties, cost and expenses (including and not limited to, attorneys fees) or any liability whatsoever, whether suffered, made, instituted or asserted by you or by any other party, whether owned by you or others, or for any infringement or invasion or the right of privacy of any person or persons, caused or claimed to have been caused, directly or indirectly, by the operation , failure or outage of services, incorrect routing, or use of, or inability of a person to use, A2z Pro Solutions LCC 9-1-1 dialing feature or service or access emergency service personnel. Use outside of the United States there are limitations with regard to the Services’ access to 911dialing. The Services do not provide access to emergency services in any country outside of the United States. A2z Pro Solutions LLC disclaims any obligation to provide you with access to emergency services in any jurisdiction other than the United States.