Terms & Conditions
REIGN® MONITORING SOLUTIONS LLC (REIGN) REMOTE MONITORING SERVICE TERMS AND CONDITIONS
- Customer’s selected payment terms are set forth on the attached Proposal and
incorporated herein as a part of the Terms and Conditions. All Services paid in advance
are non-refundable after the initial trial period stated on the Proposal. Customers who
are on monthly service contracts may terminate any or all Services upon sixty (60) days
advance written notice to Reign. With advance notice to Customer, where practicable,
Reign’s obligation to provide the Services may be terminated by Reign, if: (a) Reign’s
monitoring center (“MC”) is substantially damaged by a catastrophic event or otherwise
rendered inoperable; or (b) it becomes impractical or impossible for Reign to support
technologies or communication facilities required to provide the Services, or to obtain
and/or maintain any connections or privileges required to transmit signals between the
Customer’s Remote Monitoring (“RM”) System and Reign’s MC; or (c) in the event of a
material breach or violation by the Customer of the Terms and Conditions. Reign will
not be liable for any damages or subject to any penalties as a result of any such
termination. In addition to the above termination provisions, Regin may cancel the
Services without notice in the event of Customer’s failure to pay for the Services within
ten (10) days following the date when due, or for other breach of the terms and
conditions contained herein by Customer. - Customer shall allow Reign access to its facilities for purposes of carrying out the
Services, and access upon reasonable advance notice to its personnel for purposes of
addressing issues relating to the Services. - In the event of any dispute arising from the Services (but not including a dispute related
to the fees for the Services and the payment of such fees which is governed by the
provisions of Section 9), the parties shall first attempt in good faith to resolve such
dispute by negotiation between themselves. In the event that any such dispute is not
resolved on an informal basis within thirty (30) days thereafter either party may, by
written notice to the other party, require the dispute to be submitted to a mediation
service. The parties will cooperate and mutually agree to the mediation service by
providing to the mediation service a joint, written request for mediation, setting forth
the subject of the dispute and the relief requested. The mediator’s fees and expenses
and the costs incidental to the mediation will be shared equally between the parties. If
the parties are unable to resolve such dispute by mediation, either party may file suit in
a court of competent jurisdiction. - The parties understand and agree that Reign is not an insurer and that insurance, if any,
shall be obtained by Customer and that amounts payable to Reign hereunder are based
on the value of the Services and scope of liability as herein set forth and are unrelated
to the value of any Customer’s property, any property of others located in or at
Customer’s premises, or the risk of loss associated with such property. REIGN MAKES
NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE MONITORING
SERVICES SUPPLIED WILL AVERT OR PREVENT OCCURRENCES, OR THE CONSEQUENCES
ARISING THEREFROM, WHICH THE RM SYSTEMS AND/OR REIGN’S SERVICE IS
INTENDED TO DETECT OR PREVENT (such occurrences, including without limitation high
or low tank levels, spills, leaks, power supply failures, temperature changes, equipment
failures, network and/or cellular failures or outages and/or connection and/or signal
failures or delivery and/or strength of connection issues of any provider of any kind or
nature, and similar events of any of the foregoing, hereinafter referred to as a
“Detection Event”). Reign does not assume the risk of injury or loss to which
Customer’s persons or property, or the persons or property of others, may be subject if
a Detection Event occurs and the allocation of such risk remains with Customer, not
Reign. Accordingly, Customer agrees that Reign shall have no liability for loss, damage
or injury due directly or indirectly to Detection Events, or the consequences therefrom,
and Customer releases and waives for itself and their respective insurers all subrogation
and other rights to recover from Reign as a result of paying any claim for loss, damage
or injury arising from or due to a Detection Event. If notwithstanding the foregoing,
Reign is found liable for loss, damage or injury under any legal theory due to any failure
of the Service with respect to a Detection Event, its liability shall be limited to a total of
$1,000 as agreed upon damages and sole remedy, and not as a penalty. It is mutually
acknowledged and agreed this will be the sole remedy because it is impractical and
difficult to determine the actual damages, if any, which may result from Reign’s failure
to perform any of its obligations and the provisions hereof shall apply no matter how
the loss, damage or injury or other consequence occurs, even if in the unlikely event
that the Detection Event is due to Reign’s performance or nonperformance of its
obligations or from negligence, active or otherwise, strict liability, violation of any
applicable law or any other alleged fault on the part of Reign, its contractors, agents
and/or employees or other service providers. If any other person, including Customer’s
subrogating insurer, makes any claim or files any lawsuit against Reign in any way
relating to the pump off controller or other equipment or the Services, then the
Customer shall indemnify, defend and hold Reign harmless from any and all such claims
and lawsuits including the payment of all damages, expenses, costs and reasonable legal
fees. No suit or action shall be brought against Reign more than one (1) year after the
accrual of the cause of action thereof.
Reign represents and warrants that the Services will be provided in compliance with applicable law, and in conformity with generally prevailing industry standards. Reign makes no guarantee or warranty that the RM Systems cannot be compromised, circumvented or otherwise defeated. THE FOREGOING WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY ORAL OR WRITTEN REPRESENTATIONS, PROPOSALS OR STATEMENTS MADE ON OR PRIOR TO THE DATE OF ENGAGEMENT.
- Except as otherwise provided in Section 3 or Section 9, any controversies or legal issues arising between the parties shall be submitted to the applicable court having jurisdiction located in the Duval County Circuit Court or United States District Court of the Middle District of Florida. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THE TRANSACTIONS CONTEMPLATED HEREBY.
- Nothing hereunder, express or implied, is intended to or shall confer on any person, other than the parties and their respective successors or assigns, any rights (including third-party beneficiary rights), remedies, obligations or liabilities under or by reason of the relationship between the parties.
- Each party shall be excused from performance hereunder, other than the payment of money for Services already rendered, for any period to the extent that it is prevented from performing any Service as a result of an act of God, war, civil disturbance, labor dispute or other cause beyond its reasonable control and such non-performance shall not be a default hereunder.
- Customer acknowledges and agrees that in providing the Services, Reign utilizes wireless carriers. The carrier(s) may access, collect, store, retain, transfer or otherwise process customer’s data. Reign does not have access to the data stored by any carrier and shall not be liable to Customer for any data beach or similar event related to Customer’s data. Such carriers are bound by federal and state laws and regulations with respect to the use of any data which is collected by such carrier.
- Customer consent to receive E-Mail, SMS messages (including text messages), and telephone calls (including prerecorded and artificial voice) from Reign at the specific number(s) you have provided to us, with service-related information, information about the IoT devices and services you have subscribed. You certify, warrant, and represent that you are authorized to provide Reign with the contact number listed in the service. You represent that these numbers are authorized to receive calls and text messages at your provided telephone number. You agree to alert us whenever you stop using a telephone number promptly. Standard message and data rates may apply to all SMS messages (including text messages). We may modify or terminate our SMS messaging services from time to time, for any reason, and without notice, including the right to terminate SMS messaging with or without notice, without liability to you.
- Customer agrees to and shall pay Reign the fees for the Services specified in the Service Order within thirty (30) days of the date of when due, in accordance with the payment terms set forth in the Service Order. Any amounts not paid when due shall bear interest at a rate equal to the greater of: (i) twenty-five percent (25%) per month; or (ii) the maximum interest rate allowed by applicable law until paid. As stated above, Reign will discontinue Services for non-payment. Customer agrees to and shall pay all costs of Reign for collection of any and all fees or other obligations of the Customer hereunder, and the enforcement of any and all rights hereunder, including reasonable attorneys’ fees and costs.
- Customer acknowledges that the provision of the Services shall not in any manner entail the transfer of any intellectual property rights, assets and/or methodologies owned by Reign. Reign shall remain the exclusive owner of all intellectual property rights, assets and methodologies belonging to it prior to Customer receiving the Services or developed outside its scope, and which could have been disclosed to or known by the Customer in relation to the Services. Further, Customer shall not decompile, disassemble, translate, reverse engineer or otherwise attempt to derive source code of the remote monitoring system, in whole or in part. Any violation or breach of this provision shall be deemed to be a material breach of these Terms and Conditions.
- EQUIPMENT AND SENSORS QUOTED AND PROVIDED BY REIGN RMC ARE NOT INTRINSICALLY SAFE UNLESS SPECIFICALLY LABELLED AS SUCH WITHIN THE PROJECT QUOTE. Intrinsically safe equipment and sensors are available upon request at an additional cost.
Physical Goods Warranty
this Limited Warranty applies to the physical goods, and only for physical goods, purchased from Reign, Monitoring Solutions LLC (the “Company”).
Coverage
This Limited Warranty covers any defects in material or workmanship under normal use during the Warranty Period. The Warranty Period is for 180 days from the date of purchase. During the Warranty Period, the Company will repair or replace, at no charge, products or parts of a product that proved defective because of improper material or workmanship under normal use and maintenance. The company will either repair the Product at no charge, using new or refurbished replacement parts. A replacement Physical Good or part assumes the remaining warranty of the original Physical Good or 90 days from the date of replacement or repair, whichever is longer.
Not Covered
This Limited Warranty does not cover any problems that are caused by:
- Conditions, malfunctions, or damage not resulting from defects in material or workmanship.
- Lightning strikes or “acts of nature”, vandalism, terrorism, or other destruction of property
Requesting Coverage
Contact Reign at 833-467-3446 Ext 1
Communication Policy
Customer consents to receive E-Mail, SMS messages (including text messages), and telephone calls (including prerecorded and artificial voice) from Reign Monitoring Solutions LLC at the specific number(s) you have provided to us, with service-related information, information about the IoT devices and services you have subscribed. You certify, warrant, and represent that you are authorized to provide Reign Monitoring Solutions LLC with the contact number listed in the service. You represent that these numbers are authorized to receive calls and text messages at your provided telephone number. You agree to alert us whenever you stop using a telephone number promptly. Standard message and data rates may apply to all SMS messages (including text messages). We may modify or terminate our SMS messaging services from time to time, for any reason, and without notice, including the right to terminate SMS messaging with or without notice, without liability to you.
Privacy Policy
We are committed to protecting the privacy of our customers. We will not share your e-mail address or telephone number with any third parties. We will only use your contact information to send you text messages from the Reign service. You are responsible for any message and data costs associated with receiving these text messages.
- How We Collect Your Information
When you sign up for the Reign service, we collect your contact information. This information includes your name, e-mail address, and telephone number. In addition, we also collect information about your device, such as your device ID and operating system.
- How We Use Your Information
We use your contact information to send you text messages from the Reign service. We also use your device information to personalize your experience with the service.
- Whom We Share Your Information With
We do not share your contact information with any third parties. However, we do share your device information with our partners, who help us deliver the Reign service.
- Your Rights
You have the right to access, correct, or delete your personal information. You can also opt out of receiving text messages from the Reign service. To exercise these rights, please contact us at support@reignrmc.com
- Changes to This Privacy Policy
We may update this privacy policy from time to time. We will notify you by e-mail or through the Reign service if we make any significant changes.
- Contact Us
If you have any questions about this privacy policy, please contact us at support@reignrmc.com
