Last Updated – April 14, 2023
Customer agrees to a one-year monitoring and maintenance services contract (the “Agreement”) with Monaire. This Agreement includes services defined in the contract proposal Monaire’s annual maintenance is designed to maintain the machine at factory standards and prepare the equipment for effective, reliable and efficient operation.
The agreement will be automatically renewed for a like term unless a 30-day written notice is given by either party. Such renewal shall be subject to any price changes made by the company and the prevailing rate at the time of renewal. This agreement is not written on a pro-rated basis, and no refund will be made if canceled prior to normal expiration date.
The Service Fees for an impending Renewal Term shall be the current Service Fees (defined as the Service Fees for the initial Term or Renewal Term immediately preceding the impending Renewal Term) annually adjusted based on changes to the cost of service. The Service Fees for an impending Renewal Term shall beset forth in the service renewal letter furnished to Customer.
Effective Date
The agreement is effective the date the agreement is signed by you. The agreement only covers HVAC units entered under the project in the Monaire platform.
Monaire Service Provider
Monaire service providers will be licensed contractors the state that the repair/maintenance work is to be performed with their own limited liability insurance.
Payment
The Customer agrees to pay an annualized fee outlined in the agreement, which may be paid upfront annually or in monthly installments. The Customer’s first payment is due upon signing, payable via credit card or ACH. Monaire will securely store the Customer’s payment information and will charge the payment method on file on the 28th day of each month through the end of the Agreement term.
Returned Payment
If payment for Monaire services by check is returned, a payment via credit card is denied, or an electronic funds transfer is denied due to insufficient funds, or a closed account, the customer authorizes Monaire to make a one-time electronic fund transfer from their account to collect the amount of the payment plus any applicable returned payment fees of up to $25.00 or up to the maximum amount allowed by law or regulation. When payment is made by credit or bank card, the payment may also be subject to the terms and conditions required by the bank or credit card issuer.
Additional Repairs
Monaire may periodically schedule additional equipment repairs that fall outside of the scope of the Services listed above. If an individual repair is quoted to cost less than the ‘agreed upon’ amount mentioned in the agreement, Monaire may schedule the repair and charge the Customer’s account on file. If the repair is quoted to be above the ‘agreed upon’ amount, Monaire will send the quote via email to the Customer for approval before scheduling the repair and charging the Customer.
Service Calls
All non-emergency or scheduled service calls will be performed during our regular working hours (8:00 am to 4:00 pm Monday through Friday). Our ability to schedule emergency service within 24 hours is typically contingent upon weather conditions, road conditions and the non-occurrence of events beyond our control (a force majeure event). On rare occasions, we will not be able to provide emergency service within the 24-hour period or a scheduled technician is unable to show for a previously scheduled appointment. We will prioritize all service work above other service requests to provide the required service as soon as possible utilizing commercially reasonably efforts. Force majeure events include, but are not limited to flood, fire, strike, acts of God, etc. Our service providers might not be able to complete a repair on time due to challenges with parts availability and supply chain related disruptions.
Data Rights
Customer hereby grants and agrees to grant to Monaire a worldwide, nonexclusive, non-terminable, irrevocable, perpetual, paid-up,
royalty free license to any Source Data, with the right to sublicense to its affiliates and suppliers for (i) equipment performance of services pursuant to this Agreement, (ii) the improvement of Monaire’s services and Monaire’s Analytics Platform; (iii) improving product performance, operation, reliability, and maintainability; (iv) to create, compile, and/or use datasets and/or statistics for the purposes of benchmarking. development of best practices, product improvement; (v) the provision of services to third parties, (vi) research, statistical, and marketing purposes, and/or (vii) in support of Monaire agreements. MONAIRE DOES NOT SELL YOUR PERSONAL DATA.
Cancellation
The customer has the flexibility to terminate the service within the initial 30 days if desired. However, if the customer decides to cancel during this period, they will not be eligible for a refund of their initial month’s payment. The service will be concluded on the last day of the month in which the cancellation occurs. To request service cancellation, customers can contact us at 608-400-9388.
Upon cancelling after the initial 30 days, customers are presented with two options regarding their Monaire thermostats. They can choose to keep them for a fee, or alternatively, have them replaced with different thermostats, according to their preference. Monaire is willing to assist with the thermostat replacement for an extra charge.
Please note that Monaire retains the right to repossess any thermostats and sensors installed by Monaire within 180 days after the service’s final day.
No Warranties
You acknowledge and agree that we are providing no warranties express or implied and makes no representations with regard to the condition of your equipment by virtue of either entering into the sales confirmation or by performing inspections, repairs, or replacement of parts pursuant to the sales confirmation. You acknowledge and agree that all express or implied warranties, including without limitation the implied warranties of merchantability and fitness for a particular purpose, noninfringement, title, and any warranties arising from a course of dealing, usage, or trade practice are excluded from the sales confirmation and this agreement.
Limitation of liability
In no event shall we be liable to you, for any loss of profits or wages, loss of business, loss of use, inconvenience, commercial loss, or indirect, incidental, special, consequential, exemplary or punitive damages arising out of or related to this service, even if we have been advised of the possibility that any of these might occur. Our liability to you under the sales confirmation and this agreement shall in no event exceed the total amount paid by you to us pursuant to this agreement for the services during the preceding twelve (12) months.