System Care Plus Terms

    ​I.          PARTIES:

    This Connected Device Maintenance Contract (the, “Agreement”) is made and entered into by and between CRABTREE CUSTOM ELECTRIC, LLC, d/b/a HOME THEATRE EXPERTS, a corporate entity hereinafter referred to as “CCE,” and the client listed above, hereinafter referred to as “CUSTOMER”.

    Whereas, CCE has engaged in the sale of certain integrated products to the Customer which may include audio, video, computer network systems, and lighting, among other things (collectively, “Devices”);

    ​Whereas, CCE wishes to provide remote management and monitoring of Customer Devices and Customer desires to purchase monitoring and maintenance services (the “Services”) in accordance with the terms and conditions more fully set forth herein; 

    NOW, THEREFORE, with the foregoing background incorporated by reference and in consideration of the mutual promises contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, and intending to be legally bound, the Parties agree as follows:
     
    II.         SERVICES TO BE PERFORMED:

    Effective Date. The effective date of this Agreement shall be the date that CCE. executes this Agreement after first being executed by Customer.  

    CCE hours of operation are Monday - Friday between 7am and 4pm, excluding holidays.

    The System care plan entitles Customer to one on-site service call yearly.  During this visit CCE will check any security contacts and devices installed by CCE to make sure they are working properly and free of damage.  CCE will make sure any security system monitored by CCE is communicating properly to the monitoring station.  CCE will test all audio devices installed by CCE for proper functionality and levels.  CCE will test all video equipment installed by CCE for proper functionality and best resolutions.  CCE will check all network connected devices installed by CCE for firmware and software updates and perform any necessary updates.  These service calls are generally scheduled towards the end of each quarter, to give Customer the most current updates, but can be scheduled sooner at the request of Customer.

    ​Customer also receives a discounted rate for additional service calls.  Normal service call rates are $100 per man/hour with a minimum of $150. On the System Care Plus plan Customer receives service calls at a rate of $90 per man/hour with a minimum of $100.

    Customer also receive priority scheduling on any service calls needed.  Priority scheduling guarantees Customer that CCE will be on-site within 24 hours of a request, within normal business hours.  CCE hours of operation are Monday - Friday between 7am and 4pm, excluding holidays.

    ​The System Care Plus plan additionally entitles Customer to the installation of the OVRC hub module (normally $299 msrp plus tax and installation), allowing CCE to remotely monitor and perform necessary reboot/reset commands on network attached devices.  CCE will perform weekly speed tests (remotely) on Customer's network.  CCE will perform firmware updates (remotely) on network attached devices.  CCE will also provide Customer with a quarterly network performance report card showing Customer all network speed test results, all device reboot/resets, all network downtime/outages, etc.

    Network Monitoring Services. Customer subscribes for the System Care Plus monthly services: All fees are due and payable within thirty (30) days of the billing date.

    ​​Customer will receive a 5% discount on any equipment purchased through CCE, excluding video equipment such as televisions.  Ask a CCE representative about specific qualifying components. 
     
     III.        PAYMENT TERMS:
     
    Payment will be automatically processed from Customer's credit card on file at the beginning of each month or renewal date of annual subscription. 

    If the credit card on file is declined for payment, CCE reserves the right to cancel the System Care Agreement with Customer and Customer will pay a cancellation fee of $50.  If Customer wishes to cancel the System Care plan, they must provide written notice to CCE 30 days prior to cancellation.  Notice can be emailed to [email protected] or mailed to Crabtree Custom Electric, LLC, 480 Duke Drive, Suite 210, Franklin, TN 37064.  

    IV.           NO WARRANTIES OR REPRESENTATIONS.

    CCE. does not represent or warrant that the monitoring and maintenance services will prevent any loss, damage or injury to persons or property. Customer acknowledges and agrees that CCE. is not an insurer and this is not an insurance contract. All Devices purchased by Customer are covered by the Device warranty provided by the CCE. to the Customer in writing. CCE. hereby disclaims any warranty of merchantability or fitness for a particular purpose. CCE. may subcontract its Services to an authorized third party provider of Services and Customer hereby consents to CCE. subcontracting its services. 

    V.       TRANSFER.

    CCE. may transfer or assign this Agreement or engage in the use of subcontractors to provide the Services. Customer shall not assign this Agreement without the written consent of CCE.. 

    VI.     PRIVACY.

    In order to provide the Services, CCE. may collect information about you and your Devices. This information may include the model and serial numbers of the Devices, the names of the rooms where you have connected Devices, your zip code and time zone, and other information about the Devices and your configuration. By entering into this Agreement and utilizing the Devices, you are consenting to sharing this information with the CCE.. CCE. may share this personal information with third parties for the sole purpose of providing Services. 

    VII.    ENTIRE AGREEMENT.

    This Agreement, together with all attachments and incorporated references herein, contains the entire agreement between the Parties with regard to the matters addressed in this Agreement and shall be binding upon and inure to the benefit of the executors, administrators, personal representatives, heirs, authorized successors and permitted assigns of each.  The Parties shall not be bound by or be liable for any statement, representation, promise, inducement, or understanding of any kind or any nature concerning the subject matter hereof not set forth or provided for herein.  This Agreement may not be altered, amended, modified or otherwise changed in any respect except by an instrument in writing duly executed by authorized representatives of each of the Parties. 
     
    Intending to be legally bound by and under the terms and conditions set forth in this Agreement, we execute this Agreement.