Terms & Conditions
More Power Technology Group (MPTG) agrees to provide the services for the devices listed herein in exchange for an agreed upon fee, and in accordance with the other Terms and Conditions set forth by this Agreement of the MoreAware Peace of Mind Assurance Program.
MPTG shall give priority in scheduling delivery of services to Customer to the greatest extent possible based upon requests for services from other Customer’s with similar Agreements in place. In Any event, Customer shall have priority over other clients of MPTG which do not have similar Agreements in effect.
LIMITATIONS OF SERVICE: A device must be delivered to MPTG to receive service or remote access to the device must be facilitated.
Repair and replacement parts and software are not included in the service fee
TERM/TERMINATION: This Agreement shall be effective for a period of one year. MPTG is not obligated to renew this Agreement and can cancel the Agreement for breach of contract by the Customer, fraud, non-payment, or material misrepresentation by the Customer in obtaining the Agreement or in presenting a claim for service. If MPTG cancels the Agreement for any of these reasons, return of funds paid by the Customer shall be at the sole discretion of MPTG.
If the Customer terminates this Agreement prior to the end of the term an early termination fee will apply and will be charged against the Customer’s account. The early termination fee shall be a prorated amount equal to the one (1) month of service.
FEES/PAYMENT: Fees for the services described above shall be in accordance with the desired Coverage Plan and Fee Schedule attached to this Agreement.
All fees owed to MPTG by the Customer shall be paid in advance for the full term upon execution of this Agreement.
If a monthly payment plan is offered by MPTG and accepted by the Customer, Customer agrees to provide MPTG with a credit or debit card or checking account and authorization for MPTG to automatically charge the prorated monthly fee shown in advance against the account at the beginning of the month.
Monthly payments shall incur a $2 service charge per month which the Customer hereby agrees shall be added to the fees shown above.
INSTALLATION OF SOFTWARE: It shall be necessary for MPTG to install software on the Customer’s computer or laptop to facilitate remote access to the Customer’s device. Customer agrees that this is necessary for the delivery of services and hereby grants permission to MPTG to install such software.
CUSTOMER RESPONSIBILITIES: In order to keep this Agreement in force during its term, the Customer promises and assures: (1) full cooperation with MPTG during diagnosis and repair of a device; (2) accessibility of the device; (3) that the device is not used for purposes other than its designed use and; (4) normal preventative maintenance for the device has been performed.
RELATIONSHIP OF PARTIES: It is understood by both parties that MPTG is independent of the Customer, and not an employee of the Customer. Customer shall not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of MPTG.
INDEMNIFICATION: Customer agrees to indemnify and hold MPTG harmless from all claims, losses, expenses, fees including attorney fees, costs, and judgements that may be asserted against MPTG that result from the acts or commissions or omissions of MPTG, its employees, consultants, or contractors, if any, and MPTG agents with regard to the services provided herein.
WARRANTIES AND DISCLAIMERS: MPTG MAKES AND THE CUSTOMER RECEIVES NO WARRANTY, EXPRESS OR IMPLIED, AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. IN NO EVENT SHALL MPTG OR ANY OF ITS DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES BE HELD RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATIONS, THOSE RESULTING FROM LOSS OF DATA, INCOME, PROFIT, OR ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR USE THEREOF EVEN IF MPTG HAS BEEN ADVISED OR HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES.
ARBITRATION: Any and all claims, disputes, or controversies of any nature whatsoever arising out of, relating to, or in connection with (1) this Agreement or any prior Agreement, and the purchase thereof; and (2) the validity, scope, interpretation, or enforceability of this Provision or of the entire Agreement (“Claim”), shall be resolved by binding arbitration before a single arbitrator. All arbitrations shall be administered by the American Arbitration Association (“AAA”) in accordance with its Expedited Procedures of the Commercial Arbitration Rules of the AAA in effect at the time the Claim is filed.
NOTICES: All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the mail, postage prepaid, addressed as shown above. Either party may change such address from time to time providing written notice to the other in the manner set forth above.
SEVERABILITY: If any provision of the Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
WAIVER OF CONTRACTUAL RIGHT: The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
APPLICABLE LAW: This Agreement shall be governed by the laws of the state of Oregon.