THIS SERVICE AGREEMENT (“AGREEMENT”) GOVERNS YOUR USE OF Performance Audio Enginering's SERVICES AND INCLUDES A BINDING ARBITRATION PROVISION, WHICH INCLUDES A WAIVER OF CLASS ACTIONS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. IN ARBITRATION THERE IS NO JUDGE OR JURY AND THERE IS LESS COMPELLED INFORMATION DISCLOSURE (REFERRED TO AS “DISCOVERY”) AND APPELLATE REVIEW THAN IN COURT.
This Agreement is between Performance Audio Engineering and its related entities (“P.A.V.E. Inc, UPLINK ''), and you (the “Subscriber” or “you”). This Agreement governs your use of PPerformance Audio Engineering's Internet services and all products, features, software and mobile production (collectively, referred to as the “Service(s)”). The Service(s) covered under this agreement do not include services and interactions of third parties which Performance Audio Engineering or its entities provide services for which have their own service agreements and policies.
2. TERM OF THIS AGREEMENT
The effective date of this Agreement is the date on which you access the web site to request information regarding services. The Agreement continues in effect until termination and/or cancellation of your Service.
3. SERVICE INFORMATION
To order and receive the Service, you acknowledge that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is older, that you reside in the United States, and that you have legal authority to enter into this Agreement. You must provide Performance Audio Engineering (PAE) with (i) a valid credit or debit card or other approved payment method for the Service; (ii) your U.S. billing address; and (iii) your U.S. shipping address, if different from your billing address, for shipping any Equipment, if applicable. You represent that all information you provided during the process is accurate and complete, and that you will update such information with PAE should any of it change.
PAE reserves the right to verify the accuracy of the information you submit in connection with your request for Service and you consent to such verification. PAE also reserves the right to validate the payment method information you provide and account updates'
PAE may accept or reject to provide Service in its sole discretion.
4. USERNAMES & PASSWORDS, SECURITY
Some Services require you to create a username, a password, and other account information. You are responsible for (i) maintaining the confidentiality of both your username and password, and (ii) the use of your Service by any person who uses your username and password to access the Service, whether or not you specifically authorize such person’s use. You must notify PAE immediately upon discovering any unauthorized use of your Service and other breaches of security. Usernames, passwords, email addresses, and IP addresses are PAE’s property and PAE may alter or replace them at any time.
5. USE OF SERVICE
You represent that by requesting service you assume all responsibility for information submitted and that it is accurate and complete.
6.1 PAE Equipment
All PAE-provided equipment distributed and/or installed for use in your service location(s) by or on behalf of PAE (“Equipment”) remains the property of PAE. If you lease from PAE any Equipment in connection with your Service, the installation, use, inspection, maintenance, repair, and removal of Equipment may result in service charges to remove said equipment. You are solely responsible for the care of said equipment and You assume responsibility for impacts to or loss of any equipment PAE provides for your lease.
PAE is not responsible for inside wiring repair necessary to install the Equipment. If you are not the owner of the premises, you warrant that you have obtained the consent of the owner for PAE personnel and/or its agents to enter the premises for installation. You will indemnify and hold PAE, its officers, directors, employees, subsidiaries, affiliates, agents, suppliers, and contractors harmless from and against any claims of the owner of the premises arising out of the performance of this Agreement.
Upon termination of Service/Lease you are responsible for returning any Equipment that you leased from PAE within the agreed upon lease periods. If Equipment is not returned within thirty (30) days, or is returned damaged, you will be charged a Non-Return Equipment Fee Equal to replacing the equipment. PAE may retain any advance payment or deposit, or portion thereof that previously had not been refunded, if you fail to return the Equipment within this time period and charge you for any remaining balance owed.
If the Equipment was damaged due to your intentional acts, negligence, or use inconsistent with this Agreement, as determined by PAE, you will be responsible for the price of repair or replacement. Any tampering with the Equipment, including, for example, opening and attempting to modify the Equipment, or attempting to connect the Equipment to other hardware, will be treated as damage due to your intentional acts or negligence. You agree that you will use the Equipment only for its intended use, and not for any other purpose (such as on another provider’s network).
6.2 3rd Party Property Property
PAE assumes no responsibility and shall have no responsibility for the condition or repair of any Subscriber-Purchased Devices or Subscriber-provided equipment or software whether purchased from PAE or from third parties. You are responsible for the repair and maintenance of any Subscriber-Purchased Devices. PAE is not responsible or liable for any loss or impairment of Service due in whole or in part to a malfunction, defect or otherwise. PAE reserves the right to manage such Equipment and Devices for the duration of your Service.
When you purchase/lease Equipment Services/, you agree to the price as stated in the estimate you accept, which may have included a term for the Service (“Term Plan”).
7.1.BILLING AND PAYMENT
You agree to pay all charges associated with the Service, including but not limited to, charges for installation, service calls, monthly Service, Equipment purchases or leases, any applicable federal, state, local taxes and fees (however designated), fees to recoup any municipal, state, and federal government fees or assessments on PAE, permitted fees and cost recovery charges, or any fees for programs in which PAE participates. You shall pay all charges and all applicable fees and taxes by the due date as listed on your invoice, which may be sent by multiple, separate invoices and/or exclusively by online presentation depending on the Service and/or plan. All payments must be made in U.S. dollars.
You must provide accurate billing information including legal name, address, telephone number, credit or debit number and expiration date, and report all changes to this information promptly to PAE. Payment methods, including credit card, debit cards, and checks will not be stored for future use unless requested to do so.
7.2 Advance Payment & Deposits
To secure your service a fee equal to 40% of the agreed upon estimate must be paid. Failure to pay this fee forfeits the service agreement and PAE assumes no responsibility for any losses acquired.
7.3 Invoice Balance
The balance of the invoice 60% is due after PAE has installed equipment and provided satisfactory proof of operation. This includes any fees for engineers included in the invoice.
7.4 Late Payment Charge
You agree that for each invoice not paid in full by the payment due date, a Late Payment Charge may be assessed of no more than 20% per invoice (subject to applicable law and except as may otherwise have been expressly agreed in writing). Acceptance of late or partial payments (even if marked “Paid in Full”) shall not waive any PAE's rights to collect the full amount due. You will also be charged a fee for each and any check or other instrument (including credit card charge backs) returned unpaid for any reason of no more than $30 per check or transaction (subject to applicable law and except as may otherwise have been expressly agreed in writing).
8. Collection Costs
PAE may use various means to recover monies due. If PAE retains a collection agency or takes legal action to collect monies due on your account, you agree to pay all costs and expenses of collection incurred by PAE, which may include reasonable attorney’s fees and collection agency fees which may be based on a percentage of the amount owed, up to a maximum of 25%, where permitted by applicable law.
8. Suspension/Termination of SERVICE for Non-Payment
Failure to provide the 60% due after installation and approval of equipment operation will result in the immediate suspension of services. PAE will assume no responsibility for the delay of event/s or performances, loss of revenue, or be held liable for any 3rd party agreements affected by its actions to enforce this policy.
9. Billing Disputes
All charges are considered valid unless disputed in writing and submitted 72 hours prior to delivery.
10. CANCELLATION AND TERMINATION
You may cancel your Service only as follows: