Asset Cataloging Terms and Conditions

Throughout these Terms the words “you” and “your'' refer to the individual or company, its employees and agents who are purchasing or receiving service(s), and the words “we”, “us, and “our” refer to Ecotrak Facility Management Software, its subsidiaries, affiliates, and its third-party providers performing services on our behalf. By purchasing or receiving service you accept and agree to be bound by these terms. Our employees and agents have no authority to alter these terms, either orally or in writing. These Terms are governed by the Master Service Provider Agreement or any Proposal specific to you.

CONSENT/AUTHORIZATION

You confirm that we have the right and are allowed to do the work you requested at the premises and access shared or common areas (e.g., you’ve obtained any necessary permission from a landlord or property owners’ association) where you may have equipment that you own or maintain.

SCOPE OF WORK

You have reviewed and approved the scope of work that is included in your specific proposal, confirmed at a discovery visit, or is presented in our Service Provider Agreement or Proposal.

Number of Assets:

• Typical location has 70 captured assets

• Any location over 70 assets will require a price increase.

SCHEDULE

You have been provided and approved the schedule for your fixed asset surveys. This schedule has been communicated with all locations and their respective second level management.

DAYS & TIMES OF SERVICE

Unless otherwise specifically identified, all services will take place all seven days of the week, between the hours of 8:30am and 8:30pm.

SAFETY

We require a safe working environment and reserve the right to refuse or reschedule service due to conditions we deem dangerous or unsafe, including but not limited to possible code violations, extreme temperatures, natural disasters, or other hazards.

ACCESS / WORKSPACE CONDITIONS

We require access to the premises and any equipment related to our services. You will provide access to any locked mechanical room, roof hatch, storage closet, etc. where any fixed asset may be present. Some services may not be performed if access exceeds our maximum limits of service, other physical barriers prevent access or requirements are unusual or extensive, as determined by us.

Service may be denied, and a cancellation fee charged if we arrive for the service, and we determine we do not have appropriate access or cooperation from those on-site. If our ability to render service is impaired by you or circumstances beyond our control, we may elect to not provide service. We may ask your employee(s) or agents to move furniture or product, so that we can have proper access to roofs, mechanical rooms, or pieces of equipment.

LANDLORD COORDINATION

For locations that require coordination with a landlord or property owners’ association for access to mechanical rooms, roofs or shared/common areas, you shall provide contact information no later than five working days prior to arrival. We will coordinate with our insurers, the landlord building manager/engineer and location contact to ensure we are able to access all areas that have equipment owned or maintained by you.

COMMUNICATION

We will confirm our schedule via phone with each location to be surveyed the day prior to the scheduled survey. If our overall schedule changes, the master schedule will be updated and provide to your primary point of contact for distribution to your locations.

LIMITS OF SERVICE

Our service providers carry 22’ folding ladders which allow us to climb to a maximum height of 16’ when used as an extension ladder (i.e., roof access), or 10’ when used as a step ladder. (i.e., for above ceiling access). We also are equipped with a flat head screwdriver and a Phillips head screwdriver to open common access panels. We will not, under any circumstance, i) disconnect any piece of equipment from its power supply and/or utility supply; ii) disassemble, deconstruct, or break down any piece of equipment; or iii) enter any confined space. At times, it may be necessary for equipment to be moved or disconnected in order to access specific information about a piece of equipment; in such cases, we are not responsible for any damage or loss occurring.

ADDITIONAL CHARGES

Our base service charge is controlled by the Master Service Provider Agreement or your specific Proposal. Added costs may apply to orders where the service required exceeds the scope of work for services purchased or a service is canceled  or rescheduled due to no fault of ours. After evaluation, but before service begins, we will obtain your approval for charges that exceed your contracted service rate.

In limited situations where there is excess inventory beyond the fixed assets identified in the Proposal, added costs, excluding travel, may be charged without prior approval but will never exceed $250.00. Additionally,

if you, your landlord or property owners’ association requires a work permit or insurance in excess of our current coverage, these charges will be passed along to you with a 10% markup. In cases of canceled or rescheduled services due to circumstances beyond our control, any additional travel expenses required will be added to the service when rescheduled.

CHANGES/CANCELLATIONS

You have 72 hours to cancel this/these service(s) from when you execute it. You will not incur any costs during this 72-hour period. After 72 hours, you will be responsible for any travel charges incurred from any changes or further cancellations made by you to our schedule. If you cause us to demobilize or shelter in place, you will be responsible to pay for any additional travel, lodging and $250.00 per day per person regardless of services completion, in addition to a 10% markup on travel. If you should cause a single project to be canceled within the schedule, we can charge up to $250.00 for the canceled service.

NONREFUNDABLE CHARGES

Foregoing the above cancellation policy, any non-refundable costs incurred by us are non-refundable to you. If we incur any nonrefundable costs prior to a service being canceled, you will be responsible for those charges plus a 10% markup.

DELAYS

We will try to complete service as quickly as possible, but we are not responsible for delays caused by factors beyond our control. If your local representative or operator is unaware of our purpose, we willwait up to sixty minutes for them to confirm our need to be there. At that point, we will consider it denied access and move on to the next location.

WORKMANSHIP GUARANTEE:

We provide a 90-day workmanship guarantee on our services. This warranty begins from the date of service completion. For equipment that is missed due to our fault, our first recourse to correct is to contact the local operator or manager to have them provide us the missing information. At our discretion and sole cost, we may elect to revisit the project. Under no circumstance will our liability exceed the cost of the service per location, excluding travel or other reimbursable expenses.

PHOTOS/VIDEOS

In situations where it is necessary or warranted, we may take, transmit, and/or use photos/video of your product(s), employees, vendors, etc. (including any contents, connected products, accessories, and surroundings) for service, claim, and/or quality assurance purposes.

DISCLAIMERS AND LIMITATIONS OF LIABILITY.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (1) WE GRANT ONLY THOSE WARRANTIES IMPLIED BY LAW THAT CANNOT BE EXCLUDED BY CONTRACT UNDERSTATE LAW; AND (2) WE ARE NOT LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES - INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOST PROFITS/BUSINESS, DATA LOSS OR CORRUPTION,

DATA RECOVERY/RECREATION, OR OTHER INTANGIBLE DAMAGES ARISING FROM SERVICE. THESE LIMITATIONS DO NOT LIMIT OR EXCLUDE LIABILITY FOR GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FRAUD.

Furthermore, You agree that, except for direct property damage resulting from the Ecotrak Facility Management Software negligence, under no circumstances shall the Ecotrak be liable for any damages including, without limitation, any indirect, incidental, special or consequential damages, expenses, costs, data loss or corruption, lost savings or earnings or liability arising out of or related to the services provided by Ecotrak or the installation, un-installation, use of or inability to use any products. Further, customer expressly releases, indemnifies, and holds harmless Ecotrak from and against any loss, liability or damage of the customer, owner, or lessee of the premises, except as the result of the negligence of the third party. Some states do not allow limitations on or the release of certain damages or liability; in that event, this limitation of liability and release does not apply.

DISPUTE RESOLUTION.Please refer to Section 14 in our standard terms and conditions.