REMOTE ACCESS SETUP AND WIRELESS MODEM ACTIVATION
Important: Please Read the Entire Document Before Agreeing
To Activate Modem(s)
TCOM Control Panel data are generated, logged, and stored (for a limited time) within the components of each panel. Nevertheless, TCOM Control Panels equipped with a wireless modem enable customers to remotely monitor this data via telnet applications or website, to provide notifications through automated email or other means, and to remotely control certain aspects of the performance of the electromechanical equipment monitored and controlled by the panel. Activation of the TCOM Control Panel modem(s) is contingent upon Customer’s acceptance of the following terms and conditions:
Limited Warranty. Orenco represents and warrants that all components of each TCOM Control Panel associated with the activated wireless modem(s) will be free from defects in materials or workmanship that cause the panel to lose structural integrity, or to electrically or mechanically operate improperly, in accordance with, and subject to, the terms, exclusions, limitations, and conditions contained in its Limited Warranty for Electrical Control Panels in effect at the time of sale. A copy of the limited warranty can be found in the Document Library on Orenco’s website.
Telemetry Equipment.
. Customer recognizes and understands that all hardware and software in a TCOM Control Panel related to providing remote access are necessary for the remote access features to perform optimally. Customer therefore agrees that it will not modify or replace any hardware or software in a TCOM Control Panel that affect its ability to provide remote access, including the wireless SIM card, without Orenco’s prior, direct consent. Failures, malfunctions, or damages caused by, or resulting from, modification or replacement without Orenco’s consent are deemed to not be defects, and are therefore not covered by Orenco’s Limited Warranty for Electrical Control Panels.
Data Access.
Access to TCOM Control Panel data shall be limited to users authorized and controlled by Customer. Orenco may not access Customer’s TCOM Control Panel data without the prior consent of Customer.
Remote Access.
Although each TCOM Control Panel contains telemetry hardware and software that enables remote access to panel data and real-time remote monitoring and control, including notifications and/or alarms concerning improper performance of the associated electromechanical equipment, Customer recognizes and understands that remote access is contingent upon numerous factors, including, but not limited to, power outages, wireless service availability (see below) or termination, Internet continuity, and other factors that are outside the sole control of Orenco. Customer further recognizes and understands that even if remote access is unavailable, recent panel data is still stored and maintained on the TCOM Control Panel itself. Customer therefore agrees that it will not claim nor hold Orenco liable for any loss, injury, or damages to persons or property, including lost profits or consequential, special, or indirect damages, incurred by Customer or others that result from the failure of a TCOM Control Panel to remotely monitor, provide notifications and/or alarms, or control its associated electromechanical equipment, if the failure was caused by remote access factors outside the sole control of Orenco.
Wireless Service
Use of the wireless service Orenco has secured for each activated modem(s) is contingent upon, and subject to, the following terms and conditions:
Relationship to Carrier.
CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT IT HAS NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH THE UNDERLYING WIRELESS SERVICE PROVIDER OR ITS AFFILIATES OR CONTRACTORS AND THAT CUSTOMER IS NOT A THIRD-PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN CUSTOMER AND THE UNDERLYING CARRIER. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT THE UNDERLYING CARRIER AND ITS AFFILIATES AND CONTRACTORS SHALL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO CUSTOMER AND CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS OR DEMANDS THEREFOR.
Wireless Service Availability. Wireless service uses radio technologies and is subject to transmission and service area limitations, interruptions, and dropped calls caused by atmospheric, topographical, or environmental conditions, cell site availability, improper installation, operation, or maintenance, governmental regulations or actions, incompatibility between the service and outdated hardware, and other conditions. Wireless service and/or features may not be available in all areas.
Changes to Service. Orenco reserves the right to change the wireless service carrier and/or the other terms of the wireless service at any time, upon ten (10) business days’ email notice to Customer.
No Warranty.
CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE WIRELESS SERVICE IS AT CUSTOMER’S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY OR PERFORMANCE, AND THE ENTIRE RISK AS TO THE ACCURACY OF ALL DATA TRANSMITTED THEREON, IS WITH CUSTOMER. THE WIRELESS SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, AND (TO THE EXTENT PERMITTED BY LAW) ORENCO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY LAW, ORENCO DOES NOT WARRANT THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ORENCO REGARDING THIS SERVICE WILL CREATE A WARRANTY. IF THE SERVICE PROVES DEFECTIVE BUT THE EQUIPMENT PROVIDED BY ORENCO (INCLUDING A MODEM) DOES NOT, CUSTOMER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
Authorized Use. The wireless service is configured for and may only be used by the TCOM Control Panels associated with each activated modem(s). Customer agrees that it will only use, and will only allow others to use, the wireless service for remote access to panel data and real-time remote monitoring and control of the associated electromechanical equipment. Any other use of the wireless service, such as laptop or other device Internet access, is not permitted and must be prevented by Customer. Automated polling devices and continuous SCADA connections are outside the scope of this Agreement.
Access Fee. Customer agrees to pay Orenco the sum of ten dollars ($10) per month per activated TCOM Control Panel modem for use of the wireless service.
Excessive Use. Under the base Access Fee, Customer is allowed up to twenty-five megabytes (25 MB) of usage of the wireless service per activated TCOM Control Panel modem. In the event any of Customer’s TCOM Control Panel modem(s) exceed 25 MB in a month, the following Overage Fees will be assessed:
A $10 Overage Fee will be assessed (for a total fee of twenty dollars ($20) per month) if a modem’s usage in a month exceeds 25 MB, but is less than one-hundred-twenty-five megabytes (125 MB); and
An additional $10 Overage Fee will be assessed (for a total fee of thirty dollars ($30) per month) if a modem’s usage in a month exceeds 125 MB, but is less than two-hundred-twenty-five megabytes (225 MB).
In the event a modem’s usage in a month exceeds 225 MB, Orenco shall notify Customer of the unusual excess in addition to charging the Access and Overage Fees. If any of Customer’s activated TCOM Control Panel modems use more than 225 MB in consecutive months, or more than two months in any six-month period, Orenco shall have the right to terminate the wireless access to any or all of Customer’s TCOM Control Panels with 10 days’ email notice.
Payment Terms. Customer hereby authorizes Orenco to charge all Access and Overage Fees, in U.S. dollars and as detailed above, through Recurly, Inc., the third-party payment processor retained by Orenco to collect said fees (“Recurly”). In order to make payments through Recurly, Customer is required to provide credit card and/or bank account details and be subject to additional terms and/or conditions prescribed by Recurly. Customer agrees to keep all information, including credit card and/or bank account details, valid and current with Recurly to ensure timely payment of all Access and Overage Fees associated with the wireless service.
Additional Terms
Subject to Change. The terms and conditions of the TCOM Remote Access and Wireless Service Agreement are subject to change. Orenco will provide at least 20 business days’ email notice to Customer before any revision may become effective.
Term and Termination.
The responsibilities and obligations of the agreement for TCOM Remote Access and Wireless Service will commence on the date Customer completes all fields in this set up and activation process and agrees to all terms and conditions therein, and will continue in effect for a period of three (3) months. The agreement will automatically renew after the initial term for successive one (1) month terms, provided that either party may terminate the agreement at any time after the initial term by giving the other party 30 days’ email notice. In the event Customer breaches the agreement, including modification or replacement of TCOM Control Panel telemetry equipment without Orenco’s consent, unauthorized or excessive use of the wireless service, or failure to timely pay all Access and Overage Fees for the wireless service, or in the event Orenco revises the terms or conditions of the TCOM Remote Access and Wireless Service Agreement and Customer fails to accept the revised terms or conditions prior to their effective date, Orenco may terminate the wireless service ((which would, in turn, terminate the TCOM Control Panel’s ability to remotely monitor, provide notifications and/or alarms, and control its associated electromechanical equipment) upon 10 business days’ email notice to Customer.
Waiver; Severability. The failure of any party on any occasion to exercise any right granted under the agreement for TCOM Remote Access and Wireless Service shall not operate as a waiver of such right as to subsequent occasions, and shall not effect a modification of the agreement. If any clause or provision of the agreement is or becomes illegal, invalid, impossible to perform, or unenforceable under present or future laws effective during the Term of the agreement, the parties intend and agree that the remainder of the agreement shall continue in force and shall not be affected. The parties intend and agree that in lieu of each clause or provision of the agreement that is or becomes illegal, invalid, impossible, or unenforceable, there be added as part of the agreement a clause or provision as similar in terms as may be legal, valid, possible, and enforceable.
Governing Law. The laws of the State of Oregon will govern the agreement for TCOM Remote Access and Wireless Service, together with all rights, obligations, and disputes arising out of or related thereto.
Forum and Venue. Any dispute or legal action arising out of or relating to the agreement for TCOM Remote Access and Wireless Service must be brought in and decided by State Courts of Oregon. In any such dispute or action, the parties hereby consent to the jurisdiction and venue of the Circuit Court of the State of Oregon for Douglas County.
BY CLICKING ACCEPT, you, as an Authorized Representative of Customer, will create a legally binding TCOM Remote Access and Wireless Service Agreement between Customer and Orenco, the terms and conditions of which have been set forth in this set up and activation process. A copy of the completed Agreement will be sent to the email address provided.
