Service Plan New Customer Terms & Conditions

HAVENSMART SERVICE PLAN AGREEMENT

This HavenSmart Service Plan Agreement (this “Agreement”) is made by and between HavenSmart, LLC, a Florida limited liability company (“HavenSmart,” “Company,” or “Contractor”), and the individual or entity identified in the online form referenced below (“Client”). HavenSmart and Client may each be referred to as a “Party” and collectively as the “Parties.” This Agreement covers labor services only and does not extend, modify, or replace any manufacturer’s warranty on products or software installed by HavenSmart. This Agreement applies solely to the property at the service address submitted by the Client in the online form (the “Property”).

Definitions

As used in this Agreement:
i) “Agreement” means this HavenSmart Service Plan Agreement, including the Service Plan Matrix and any documents it expressly incorporates.
ii) “Service Plan Matrix” means the then-current schedule of plan tiers, included services, response times, allocated labor hours, and fees maintained by HavenSmart.
iii) “Effective Date” means the date this Agreement becomes binding, as determined under Section 3.
iv) “Service Term” means the 12-month period beginning on the Effective Date, subject to renewal under Section 11 or earlier termination under Sections 13 or 14.
v) “Online Form” means the electronic web form through which Client selects a service plan, provides Client and Property information, and submits payment and acceptance of this Agreement.

Electronic Acceptance and Signature

This Agreement is presented and executed electronically through the Online Form. By checking the applicable acceptance box, clicking “Submit,” “I Agree,” or a similarly labeled control, and completing the Online Form, Client:
vi) consents to conduct this transaction electronically and to receive this Agreement, related disclosures, and notices in electronic form, in accordance with the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and applicable state law;
vii) agrees that Client’s electronic acceptance constitutes Client’s signature, is legally binding, and has the same force and effect as a handwritten signature on a paper document;
viii) represents and warrants that the individual completing the Online Form is the Client or is authorized to accept this Agreement and bind the Client to its terms; and
ix) agrees that HavenSmart may retain and rely upon the date, time, IP address, and submitted form data associated with Client’s acceptance as evidence of execution of this Agreement.

Client may request a paper copy of this Agreement, or withdraw consent to conduct this transaction electronically, at any time before submitting the Online Form by contacting HavenSmart at the contact information provided on the Online Form. Withdrawing consent after the Effective Date does not affect the validity of the Agreement already executed.
1. Service Term and Effective Date: This Agreement becomes effective on the date HavenSmart receives both (a) Client’s electronic acceptance as described in Section 2, and (b) Client’s initiating payment for the Service Term (the “Effective Date”). Client has contracted with HavenSmart for Service for the Service Term of 12 months from the Effective Date.
2. Services: The services covered under this Agreement, to the extent included in Client’s selected plan, are described in the Service Plan Matrix and may include: (a) an annual on-site checkup, consisting of a prepaid inspection performed once per year; (b) remote diagnostic services for HavenSmart-installed devices, or other devices supported under Client’s plan, including reporting on the home network; (c) proactive remote repairs; (d) preferred scheduling and service when needed; (e) remote firmware updates, provided that some firmware cannot be updated remotely, in which case an on-site service charge may apply; (f) 24/7 telephone technical support for networking, audio/video, and related products (alarm system support is excluded from this Agreement); (g) up to four UPS battery replacements per year for qualified plans, when required; and (h) a single cellular alarm service subscription for qualified plans, with additional services such as interactive monitoring available for an additional fee. Additional services may be available depending on the plan selected; see the Service Plan Matrix for details. Alarm monitoring service requires its own separate service agreement, even if referenced as part of Client’s plan.
3. Fees: Fees for the services covered under this Agreement are payable annually, quarterly, or monthly for the Service Term, as selected by Client in the Online Form.
4. Equipment Repairs: Repair or replacement of equipment purchased from HavenSmart during the Service Term is the Client’s financial responsibility and is not covered under this Agreement. HavenSmart will repair, or assist in arranging repair of, defective equipment and will bill Client for repair charges, including any shipping charges, as applicable. Manufacturer warranties will be used whenever available.
5. Software Licensing and Renewal: Annual software licensing fees may or may not be included in Client’s plan, depending on plan type. HavenSmart will notify Client in writing of any licensing renewal and associated fees.
6. Labor and Travel Charges: Labor required to repair a manufacturer defect, to correct workmanship performed by other trades, for system programming, or for installation and configuration of new equipment is not covered under this Agreement and is billed separately at the rates set out in the Service Plan Matrix. Labor rates are subject to change with 30 days’ notice. Some plans include a set number of allocated on-site service hours: plans with 2 allocated hours must use them in a single visit; plans with 8 allocated hours may use them across up to 4 visits per year. On-site warranty work is performed during normal business hours only; after-hours warranty work requested by Client is billed at HavenSmart’s after-hours labor rate.
7. Response Time: HavenSmart will use best efforts to meet the response times set out in the Service Plan Matrix for Client’s selected plan, except where prevented by natural disaster, extreme weather, or a service technician’s illness or death. HavenSmart will offer at least one appointment within the applicable response-time window. If that appointment does not meet Client’s needs, HavenSmart may offer an alternate appointment, which may fall outside the response-time window. Response-time commitments apply to failures and system issues only; upgrades and enhancements are excluded.
8. Additional Services: Additional services — including but not limited to (a) system upgrades, (b) system relocation, removal, and reinstallation, (c) system programming and labor for new equipment, and (d) any service outside the scope of the original proposal — are billed at HavenSmart’s standard applicable rate and are due at the time services are rendered.
9. Renewal: This Agreement renews automatically for successive 12-month terms unless Client cancels by providing 30 days’ written notice before the end of the then-current term. Upon renewal, this Agreement continues on any updated pricing or plan terms then reflected in the Service Plan Matrix. HavenSmart will send notice of any pricing changes at least 30 days before the change takes effect.
10. Modifications to and/or Tampering with Equipment: If HavenSmart determines, in its reasonable judgment, that equipment purchased through HavenSmart has been modified, altered, or tampered with by Client or a third party during the Service Term — including through unauthorized software or programming changes — service on that equipment is not covered under this Agreement, and HavenSmart has no further obligation to service that equipment.
11. Termination of Service: HavenSmart may, upon written notice to Client, temporarily suspend or terminate this Agreement for nonpayment of any amount owed to HavenSmart, or for violation of any term of this Agreement. HavenSmart may also refuse or discontinue service without notice if:
x) information provided to HavenSmart by Client is false, incomplete, or inaccurate;
xi) HavenSmart determines Client has modified or tampered with the equipment as described in Section 12; or
xii) Client violates any term or condition of this Agreement.
12. Cancellation of Agreement: If Client cancels this Agreement within 30 days of receiving it, Client is entitled to a full refund of the Agreement cost, less the cost of any services already provided during that period. After the first 30 days, Client may terminate this Agreement by providing 30 days’ written notice. Upon cancellation, HavenSmart will refund any pro-rata amount owed to Client within 30 days. If Client cancels after using any allocated on-site labor hours, the value of those hours will be deducted from the pro-rated refund, or billed to Client if the refund is insufficient to cover it.
13. Limitation of Liability; Indemnification: HavenSmart is not liable for any failure or delay in providing Service caused by events beyond its reasonable control, including acts of God, acts of a public enemy, acts of the United States or any state or territory, acts or omissions of Client or its agents, employees, or subcontractors, fire, flood, earthquake, epidemic, quarantine restriction, strike, freight embargo, inability to obtain materials or services, civil commotion, war, unusually severe weather, or a subcontractor’s default arising from any such cause. If HavenSmart breaches this Agreement with respect to any covered service, HavenSmart’s maximum liability is limited to an amount equal to one month of Client’s service plan fee.
14. Right to Subcontract: HavenSmart may subcontract all or part of the services provided under this Agreement, which may involve sharing Client’s personal data and information with the subcontractor as reasonably necessary to perform the services.
15. Contract Transfer: This Agreement is not transferable. If Client sells the Property and all related components and systems become the property of a new owner, the new owner must enter into a new agreement with HavenSmart. Client remains responsible for providing 30 days’ written notice of termination under Section 12 above.
16. Severability; Access to Property: If any provision of this Agreement is or becomes illegal or unenforceable, that provision is void, but the remainder of this Agreement remains in full force and effect. Client must provide HavenSmart access to the Property and to the equipment requiring service. If access cannot be provided, HavenSmart will be unable to render service, and time spent on-site attempting to gain access is billable.
17. Governing Law: This Agreement is governed by the laws of the State in which the Service is performed, without regard to conflict-of-law principles.
18. Notices: Any notice required or permitted under this Agreement, including notice of cancellation, termination, or pricing changes, must be in writing and is deemed properly given when sent to: (a) for HavenSmart, the mailing address or email address HavenSmart designates on its website or in Client’s account portal; and (b) for Client, the email address and mailing address Client provided in the Online Form, or such updated address as Client provides in writing. Notice sent by email is deemed received on the date sent, provided no delivery failure notice is received by the sender.
19. Entire Agreement; Modification: This Agreement, including the Service Plan Matrix, constitutes the entire agreement between the Parties regarding its subject matter and supersedes all prior agreements between the Parties on that subject matter. No representative of either Party may waive, modify, or change any term of this Agreement except in a signed writing (including an electronic writing meeting the requirements of Section 2) executed by both Parties.

Acknowledgment and Electronic Acceptance

By completing the Online Form and submitting the required initiating payment, Client acknowledges that Client has read, understands, and agrees to all terms and conditions in this Agreement, and represents that Client has the authority to execute this Agreement. Client’s acceptance is captured electronically as follows:
xiii) Client name, service address, and contact information: as entered by Client in the Online Form;
xiv) Plan selected and pricing: as reflected in the Online Form and Service Plan Matrix at the time of submission;
xv) Method of signature: electronic acceptance via checkbox/click-to-agree, as described in Section 2;
xvi) Date and time of acceptance and originating IP address: recorded automatically by

HavenSmart’s systems at the time of submission.
HavenSmart, LLC — this Agreement is not valid or binding until Client’s electronic acceptance and initiating payment are received as described in Sections 2 and 3.