1.0 Introduction

Welcome to CROWNCARE's Terms and Conditions. These Terms and Conditions govern your use of our services and products, whether as a client, user, or visitor. By accessing, browsing, or using our services, you acknowledge that you have read, understood, and agree to comply with these Terms and Conditions. Please take the time to carefully review these terms, as they constitute a legally binding agreement between you (Client) and the Service Provider (Provider) - Crown Design Group LLC (CDG). If you do not agree with any part of these Terms and Conditions, we kindly ask that you refrain from using our services.

2.0 Limitation of Liability

2.1 Limitation of Liability:

The Provider shall not be liable for any direct, indirect, special, incidental, or consequential damages, including but not limited to, loss of profits, loss of data, business interruption, or any other pecuniary loss, arising out of or related to the use or inability to use the services provided under this Agreement. The Client acknowledges and agrees that the Provider's liability is limited to the fees paid for the services covered by this Agreement, including emergency support.

3.0 Service Availability and Prioritization

3.1 Service Availability:

While the Provider strives to maintain continuous service availability, there may be instances of service interruptions due to factors beyond our control, including, but not limited to, technical issues, network outages, and force majeure events*. The Provider does not guarantee uninterrupted access to the services and shall not be held responsible for any losses or damages resulting from such interruptions, typically exemplified by hurricanes.

3.2 Service Prioritization:

In situations where there is an unusually high volume of support requests, the Provider reserves the right to prioritize support requests based on the perceived criticality of the issue. The Client acknowledges that while the Provider will make every effort to respond promptly to all requests, higher-priority issues may be addressed first. Specific prioritization criteria will not be specified at this time.

3.3 Unresolved Issues During Emergency Service:

If, during an emergency off-site support call, an issue cannot be resolved remotely, the Provider will schedule further off-site support for in-depth diagnosis and resolution. If this off-site support does not lead to a resolution, the Provider will schedule an on-site support call to address the issue.

3.4 Service Availability During State of Emergencies:

CDG is committed to providing reliable services to our clients. However, it is important to note that our service availability may be impacted in the event of a state of emergency, which may include but is not limited to natural disasters, severe weather conditions, or other unforeseen emergencies.

Office Closure Policy: 
In the interest of safety, CDG may close its physical offices during a state of emergency to ensure the well-being of our staff. During office closures, onsite services may be temporarily unavailable.

Continued Remote Support: 
Nevertheless, our CROWNCARE technicians will make every effort to remain available for remote support, to the extent possible given the circumstances. We understand the critical nature of your AVL systems and will strive to provide assistance remotely, where feasible and safe.

3.5 RMA Support Cost Responsibility:

The Client acknowledges and agrees that in cases where warranty-related equipment requires return for repair or replacement (RMA), the Client shall be responsible for any shipping costs associated with the RMA process if such costs are not covered by the manufacturer.

3.6 Repair Costs:

The Client acknowledges and agrees that any repair costs incurred for equipment, whether under warranty or not, shall be borne by the Client unless explicitly stated otherwise in this Agreement.

3.7 Consultation Scope:

The Client understands and acknowledges that consultations provided under this Agreement are for the purpose of offering recommendations, equipment lists, and budget proposals. Consultations do not encompass full system design services unless explicitly specified in a separate agreement.

3.8 Service Exclusions:

This Agreement does not cover services related to installation, programming, or commissioning of equipment and systems. Additionally, it does not apply to equipment that is outside the scope of the AVL Systems / Network.

3.9 Blackout Dates:

The Provider may designate specific blackout dates during the term of this Agreement when certain services covered under CROWNCARE will not be available. The Provider shall notify the Client of these blackout dates at the beginning of the subscription period. The Client acknowledges and agrees to the unavailability of services during blackout dates and shall plan accordingly to minimize any potential impact on their operations. The Provider shall make reasonable efforts to schedule essential services around blackout dates whenever possible.  Current blackout dates are as follows: Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, New Years Day.

4.0 Miscellaneous Provisions

4.1 Price Increases:

The fees for the services provided under this Agreement are subject to annual price increases. These increases may be attributed to factors such as inflation and operational costs. The Provider will provide the Client with advance notice of any price adjustments for the next subscription cycle, at least one month before renewal.

4.2 Force Majeure*:

The Provider shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, strikes, or any other unforeseen events.

4.3 Monitoring Hardware and Software:

As part of our service, CROWNCARE may install monitoring hardware and software at the Client's location. This hardware and software remain the property of Crown Design Group LLC and are provided to enhance service quality and facilitate remote support.

4.4 Power and Internet Connectivity Requirements:

To ensure the effective delivery of services, the Client acknowledges that they are responsible for providing and maintaining stable power and internet connectivity at their location. Service quality may be affected in the absence of these essential requirements.

4.5 Data Security and Privacy:

CROWNCARE takes data security and privacy seriously. While providing remote support and monitoring services, we may access your network and systems. We commit to handling all client data and sensitive information with the utmost confidentiality and in compliance with applicable data protection laws. Our access is solely for the purpose of service provision and troubleshooting. We will not use, share, or disclose your data for any other purposes without your explicit consent. We recommend that clients take measures to ensure that any sensitive or confidential data is adequately protected during our remote access sessions.

5.0 Service Call Payment Agreement

5.1 Discounted Services

Service fees are subject to discounts based on your chosen subscription level (Gold, Silver, Bronze). The specific discount applied will be determined by your active subscription at the time of the service call.

5.2 Subscription Verification

To avail of the discount applicable to your subscription level, the client is responsible for providing accurate and up-to-date information regarding their active subscription status. Failure to provide this information may result in standard service call fees being applied.

5.3 Payment Verification

Clients are responsible for verifying the accuracy of all service call invoices, including the applied discounts. Any discrepancies or concerns regarding the invoiced amount should be promptly communicated to Crown Design Group LLC (CDG).

5.4 Payment Obligation

Regardless of the subscription level, clients are obligated to pay service call fees in a timely manner. Failure to make payment within the specified timeframe may result in late payment charges or other applicable fees.

5.5 Service Call Fee Exclusions

Service call fees do not cover the cost of parts or equipment replacement, if required. These charges are separate from the service call fee and will be communicated to the client for approval before implementation.

6.0 Cancellation and Refund Policy

6.1 Client-initiated Cancellation:

Monthly Payment Option: If the Client wishes to cancel the CROWNCARE subscription, they must provide written notice at least 14 Days prior to the intended cancellation date by email. The cancellation will take effect at the end of the current billing cycle. However, the Client will be billed for an additional month, equivalent to the monthly rate, beyond the end of the current billing cycle, to cover any services rendered during the notice period.

Annual Payment Option: If the Client has chosen the annual payment option and wishes to cancel before the end of the annual term, a prorated refund will be provided for the unused portion of the subscription, minus 1 month of contracted cost and any applicable fees or discounts already applied. The Client must provide written notice of cancellation.

6.2 Provider-initiated Cancellation:

The Provider reserves the right to terminate this Agreement or suspend services in the event of non-payment, violation of terms, or any other breach of this Agreement. The Provider will provide written notice of such termination or suspension in email form.

6.3 Refund Policy:

In the event of Client-initiated cancellation, any prepaid fees for unused services (if applicable) will be refunded within 30 days of the written notice of cancellation.

6.4 Return of Monitoring Hardware:

In the event of cancellation, the Client is required to return any monitoring hardware provided by CROWNCARE to Crown Design Group LLC at the Client's expense. Failure to return this hardware may result in additional charges.

6.5 Access Termination:

Upon cancellation, the Client's access to CROWNCARE services will be terminated.

PAYMENT 

In exchange for CROWNCARE the Client shall pay to CDG the agreed upon sum of the “ Monthly Payment” or the “Annual Payment”. 

Monthly Payments will be paid via auto payment service provided by CDG in the form of credit card or ACH and processed monthly on the date of executed contract. Annual Payments may be made in the form of a check, bank wire, or ACH payment.  CROWNCARE is a service provided by CDG and all payments will Pay to the Order of “Crown Design Group”.  CROWNCARE services will begin at the time of processed payment.

The occurrence of any of the following shall constitute a material default under this Contract:

a. The failure to make a required payment when due.

b. The insolvency or bankruptcy of either party.

c. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for

or by any creditor or government agency.

d. The failure to make available or deliver the Services in the time and manner provided for in this Contract.

TERM

This Contract will terminate automatically upon completion by Provider of the Services required by this Contract.  Client will be presented renewal options 60 days prior to contract completion.

AGREEMENT

By checking the box, you acknowledge that you have read, understood, and agree to abide by the Terms and Conditions outlined in this agreement and signifies your consent to enter into this legally binding contract with CDG.