1. PARTIES
This Service Agreement (“Agreement”) is made between Beyond Home Theater Inc. (“Beyond Home Theater”) and you (“Client”), collectively referred to as the “Parties”.
Beyond Home Theater
3155 Donald Douglas Loop S.
Santa Monica, CA 90405
Telephone: 310-480-8599
Email: info@beyondhometheater.com
2. SERVICES
The Client wishes to be provided with the services by Beyond Home Theater regarding technical support for control, theater, and/or music systems as described and selected below and Beyond Home Theater agrees to provide the services to the Buyer on the Terms and Conditions of this Agreement set forth below and incorporated herein.
The client must select one of the following levels of service and the agreement between the two parties is based on which service plan is selected. If no plan is selected then the service will default to the Limited Plan contingent on the Client having sufficient equipment onsite to remote access their network.
- Limited plan. By selecting this option, Client understands and agrees that technical support will only be available remotely via email, text or chat between the hours of 8am and 4pm Monday-Friday. Client will be billed at the rate of $250.00 for the first hour and $150 per hour in fifteen (15) minute increments for every subsequent hour for all in person service visits. Monitoring is only possible if the Client has suitable equipment, if the Client does not have or chooses not to install needed equipment then they understand that Beyond Home Theater will be unable to service their equipment.
- Basic Plan. By selecting this option, Client will have access to twenty-four hour per day technical support for each day of the year via text, e-mail, and chat. (a) remote rebooting of Client’s internet router; (b) Client’s use of an application for use on a mobile device which will allow Client to reboot devices; (c) next available service call at $250 for the first hour and $150 per hour charged in fifteen (15) minute increments for every subsequent hour for all in person service visits. Client agrees to pay $599.88 annually for this plan.
- Enhanced Plan. By selecting this option, Client will receive all the benefits of the Essential Plan and proactive monitoring of Client’s system which will include: (a) guaranteed three (3) day business day service call. (b) Online remote firmware updates twice annually scheduled at Beyond Home Theater’s convenience (c) One free annual onsite firmware and service of up to two hours duration (including travel time) which Client must schedule with Beyond Home Theater, (d) Five percent (5%) discount rate on all hourly service for any other needed service visits. Client agrees to pay $1139.88 annually for this plan.
- Premier Plan. By selecting this option, Client will receive all of the benefits of the Essential Plan and: (a) guaranteed next business day service call (weekends and after hours on an “if available” basis). (b) One additional free annual onsite firmware update and service visit of up to two hours (including travel time) which Client must schedule with Beyond Home Theater Client, (c) A free annual technology review and maintenance and cleaning visit which Client must schedule with Beyond Home Theater three (3) free visits per year total of up to two hours each in duration (including travel time), (d) Television and cable company co-ordination, (e) A ten percent (10%) discount rate on all service visits. Client agrees to pay $1799.88 for this plan or 1% of the total installation cost including additions whichever is greater.
3. TERM
This Agreement shall become effective beginning on the date it is fully signed by Beyond Home Theater and Client and Client has paid the first month’s fee, it shall continue in effect until terminated in accordance with the provisions set forth herein.
Terms and Conditions
- 1. This Agreement may be terminated by either party submitting fifteen (15) days written notice to the other party or may be terminated immediately if there is a failure to make a required payment when due or in the event of bankruptcy by either party.
- 2. Any notice that is required pursuant to this Agreement may be delivered by United States Postal Service or via e-mail. All mailed correspondence shall use the addresses listed above for each party to this Agreement. All emailed correspondence shall use the e-mail listed above for each party.
- 3. Neither Party shall be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to acts of god, war, civil commotion or industrial dispute.
- 4. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.
- 5. In no event shall Beyond Home Theater be liable for any consequential, indirect, exemplary, special, or incidental damages, including loss of use and/or profits, arising directly out of or in connection with this Agreement or relating to the services even if Beyond Home Theater has been advised of the possibility of such damages. Beyond Home Theater’s total cumulative liability in connection with the services hereunder, whether in contract or tort or otherwise, will not exceed the fees paid for the services hereunder during the calendar year when the incident giving rise to the claim took place. One or more claims will not increase this limit.
- 6. All Plans may require an on-site survey of Client’s system and may require installation of additional equipment at the cost of the Client unless such equipment was previously installed as a part of Client’s original system. The Client understands that servicing will not be available at any level if they do not have appropriate equipment which can be serviced remotely. This includes but is not limited to a remotely rebootable router and power source. Moreover, for any level of service Client is obligated to pay any fees or charges needed to add equipment to, or change existing equipment to become compliant with minimum servicing standards.
- 7. All services to be rendered by Beyond Home Theater pursuant to this Agreement are for Client’s control, theater, and/or music systems which are installed by Beyond Home Theater at Client’s address set forth above. Beyond Home Theater will have no responsibility or obligation to provide services for any equipment not supplied by Beyond Home Theater, or for the inability to provide services as to any equipment damaged due to abuse, misuse, electric power loss or fluctuation, work, upgrades, and/or modifications to equipment not made by Beyond Home Theater. Client shall maintain, at Client’s sole expense, a reliable electronic connection to the internet.
- 8. The terms and conditions of this Agreement constitute a service contract and not a product warranty. Beyond Home Theater does not make, and hereby disclaims any warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose.
- 9. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
- 10. If the Client is dissatisfied with the service agreement they have the right to cancel or downgrade at any time. All paid plans will default to the Limited Plan and retain access to remote monitoring and limited remote service The change in service plan will be applicable as of the end of the current month. Any refund will be given within 90 days.
- 11. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California and the parties agree and submit to the exclusive jurisdiction of the Superior Courts for the County of Los Angeles, State of California for the resolution of any and all disputes arising out of this Agreement.
- 12. Terms, conditions, rates and scope and level of services are subject to change based on thirty (30) days written notice from Beyond Home Theater to Client.
- 13. This Agreement constitutes the entire agreement and understanding of the Parties with respect to the subject matter of this Agreement, and supersede all prior understandings and agreements, whether oral or written, between or among Beyond Home Theater and Client with respect to the subject matter hereof. No modification or amendment of this Agreement shall be valid unless in writing signed by the Parties hereto.
- 14. If any term, covenant, condition or provision of this Agreement is held by a Court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
