Customer enters into this Agreement with CORD Financial Services (ìCORDî) and agrees to rent the Equipment and/or subscribe to the Services specified above and to be bound by and subject to the following terms and conditions:
Equipment: CORD may fill CustomerÃs order with new or refurbished equipment as described above.
Subscription: In addition to agreeing to pay any monthly Equipment rental fees, if Services described above include a Wireless Plan, Customer agrees to subscribe to the Wireless Plan specified above and to pay CORD the monthly Wireless Service Charge also specified above. CORD Reserves the right to cancel the above Wireless Plan or switch to the next higher plan if data volume exceed those of the above stated Wireless Plan. Customer agrees to pay any charges incurred for the new plan.
One Time Charges: The first monthÃs equipment rental is due prior to shipping equipment to customer. All equipment will be shipped via ground shipping unless customer requests otherwise. Customer will be charged along with the first month service for any shipping method other than ground. The first month is billed at the full monthly rate regardless of order date.
Changes to Services: CORD reserves the right to modify the Services provided during the term of this Agreement.
Term: The initial term of this Agreement shall be twenty-four (24) months and shall commence upon the date hereof and shall be automatically renewed after the initial term for successive one (1) month terms; provided, however, that either party may, by giving the other party thirty (30) days prior written notice, cancel this agreement after the initial term with no penalty.
Payment of Charges: Monthly amounts due for Equipment rental or Services will be consolidated, billed, and payment processed via ACH to CustomerÃs bank account or credit card on or near the same day of each month as chosen by CORD. In the event that ACH payment is returned unpaid to CORD, Customer agrees to immediately pay CORD a returned ACH fee of $35.00 per returned item. Customer shall provide CORD written notice of any changes to banking account for ACH purposes.
Maintenance: CORD will replace Equipment in the event equipment needs repair. Upon notification and diagnostics of problem, CORD will ship out a new or refurbished replacement unit to Customer via ground shipping method at CORDÃs discretion at no cost to Customer. Customer shall be responsible for cost of shipping and handling for any other method selected by Customer. Customer shall be responsible for shipping faulty equipment back to CORD using a prepaid shipping label within 15 days to avoid having to purchase the replacement unit.
Termination: Upon termination of this Agreement, Customer agrees to return the equipment described above in good working order at Customers expense. In the event that this Agreement is terminated prior to the end of the initial term, Customer agrees to immediately pay CORD an ìearly termination feeî equal to the lesser of (a) $300.00 or (b) the amount that is equal to the number of months remaining in the initial term multiplied by Total Monthly Charges from the first page of this Agreement. If equipment is not returned, or returned in an inoperable state, Customer will be also be charged a one-time, $300.00 equipment replacement fee.
Liability: CORDÃs sole liability to Customer shall be to remedy any breach of this Agreement in a timely manner. CORD shall not be liable to Customer or others for any losses, expenses or costs (including but not limited to any consequential or special damages) incurred by Customer or others due to breakdown, malfunction, interruption, or any other result from using the Equipment or Services included in this contract. In any dispute between the parties, whether or not resulting in litigation, the prevailing party shall be entitled to recover from the other party all reasonable costs including, without limitation, reasonable attorneyÃs fees. The prevailing party shall include, without limitation, a party who dismisses an action for recovery in exchange for sums allegedly due, performance for covenants allegedly breached, or consideration substantially equal to the relief sought in the action. This Agreement shall be construed, interpreted and enforced in accordance with the laws of the State of Texas. The jurisdiction and venue for any legal proceeding to interpret or enforce this Agreement shall be in Bell County, Texas.
Notice: Any notice required by the terms of this Agreement shall be given in writing and shall be deemed effective upon personal delivery or upon deposit with the appropriate postal service, by registered or certified mail with postage and fees prepaid and addressed to the party entitled to such notice at the address set forth above, or at such other address as such party may designate by 10 daysà advance written notice to the other party to this Agreement.
Assignment of Rights: Customer grants CORD the right to assign all or any part of its rights or obligations under this Agreement at any time to anyone that it chooses. Customer shall not assign or in any way dispose of all or any part of its rights or obligations under this Agreement without the prior written consent of CORD or its successors or assigns.
Entire Agreement: The parties understand and expressly agree that (a)this Agreement contains a complete statement of all understandings, arrangements, and agreements between the parties and constitutes the entire agreement between the parties as to the subject matter hereof, and completely supersedes all negotiations and all prior arrangements, understandings, courses of dealing, and agreements related to the subject matter hereof; and (b)there are no representations, warranties, understandings, arrangements, agreements, conditions, or contingencies, whether express or implied, or oral or written, except as expressly set forth in this Agreement.
Authority: I represent and warrant to CORD that I have the right and power to enter into this Agreement and that any and all action necessary to approve my entering into this Agreement has been taken.
