Version 2.1

BILLING AGREEMENT

StratIS EMS, LLC. (“STRATIS”) manages multifamily properties with the help of hardware devices and both a management and resident mobile software applications (each application, an “App”) available at STRATISIoT.com, partners.STRATISEMS.com, and STRATISSphere.net (“Sites”) or elsewhere. The STRATIS Device, the Apps, and the Sites are collectively referred to herein as the “Service”). This Billing Agreement along with the Additional Terms (defined below), as such terms and policies may be updated from time to time (collectively, the “Terms”), governs Your use and payment of the Apps and the STRATIS Service. “You” or “Your” shall mean, in the case of an individual accepting this Agreement on his or her own behalf, such individual, or in the case of an individual accepting this Agreement on behalf of a company or other legal entity, the company or other legal entity for which you are accepting this Agreement, and Affiliates of that company or entity which use the Services.

 

  1. ADDITIONAL TERMS.
  2. In addition to this Billing Agreement, the following additional terms apply to Your use of the Service. By using the Service, You agree to be bound by these additional terms (including any age restrictions applicable to use of a particular App or feature of the Service), as applicable, which are incorporated herein by reference (collectively the “Additional Terms”):

    • Privacy Policy, which describes STRATIS’s policies with respect to the collection, use, and disclosure of personal information from You; and
    • EULA, which governs Your use of software applications You may obtain from STRATIS;
    • Master Terms of Service, which outlines the general terms between STRATIS and You;
    • Equipment Warranty, which outlines the warranty terms related to any equipment purchased from STRATIS
    • Any purchasing terms STRATIS includes when You purchase a STRATIS Device; and
    • Any additional terms or conditions STRATIS may supply from time to time.
    • In the event of a conflict between the terms and conditions in this document and the terms in any of the Additional Terms, The Master Terms of Service will control.

     

  3. FEES
    1. Fees.
    2. You will pay all fees specified in this Agreement, as outlined in your administrative portal and/or on Your order form. In an event of a conflict between any of these documents this Billing Agreement will prevail. Except as otherwise specified herein,(i) fees are based on Services subscriptions purchased and not actual usage, (ii) payment obligations are non-cancelable and fees paid are non-refundable, and (iii) quantities purchased cannot be decreased during the relevant subscription term.

       

    3. Price Changes. STRATIS reserves to right to change pricing, pricing plans and/or services provided at any time without prior notice which will become effective at Your next annual renewal date.
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    5. Invoicing and Payment. You will provide STRATIS with valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to STRATIS. If You provide credit card information to STRATIS, You authorize STRATIS to charge such credit card for all purchased Services for the initial subscription term and any renewal subscription term(s). Such charges shall be made in advance annually. If the Order Form specifies that payment will be by a method other than a credit card, STRATIS will invoice You in advance. Invoiced charges are due net 30 days from the invoice date. You are responsible for providing complete and accurate billing and contact information to STRATIS and notifying STRATIS of any changes to such information.
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    7. Overdue Charges. If any invoiced amount is not received by STRATIS by the due date, then without limiting STRATIS’ rights or remedies, (a) those charges may accrue late interest at the rate of up to 1.0% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, and/or (b) STRATIS may limit future orders and/or require credit card payments.
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    9. Suspension of Service and Acceleration. If any amount owing by You under this, or any other agreement for STRATIS Services, is 30 or more days overdue, STRATIS may, without limiting STRATIS’ other rights and remedies, accelerate Your unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend the Services to You until such amounts are paid in full. Other than for customers paying by credit card or direct debit whose payment has been declined, STRATIS will give You at least 10 days’ prior notice that Your account is overdue, before suspending Services to You.
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    11. Taxes. STRATIS’ fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with Your purchases hereunder. If STRATIS has the legal obligation to pay or collect Taxes for which You are responsible under this Section, STRATIS will invoice You and You will pay that amount unless You provide STRATIS with a valid tax exemption certificate authorized by the appropriate taxing authority.
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    13. Future Functionality. You agree that Your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by STRATIS regarding future functionality or features.
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    15. Ongoing License Fee. Ongoing License Fee. You will be billed annually, in advance, for Your use of the Services after the first year of Services.

     

  4. Severability. If any provision of this Billing Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of this Billing Agreement will remain in effect.
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  6. Governing Law. These Terms, whether interpreted in a court of law or in arbitration, shall be governed by the laws of the State of Delaware as they apply to agreements entered into and to be performed entirely within Delaware by Delaware residents regardless of your country of origin or where you access the Services, and without regard to conflict of law principles or the United Nations Convention for the International Sale of Goods.
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  8. Electronic Signature. By selecting the “I Accept” button, You are signing this Agreement electronically. You agree Your electronic signature is the legal equivalent of Your manual signature on this Agreement. By selecting “I Accept” You consent to be legally bound by this Agreement’s terms and conditions. You further agree that Your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, or in accessing or making any transaction regarding any agreement, acknowledgement, consent terms, disclosures or conditions constitutes your signature (hereafter referred to as “E-Signature”), acceptance and agreement as if actually signed by You in writing. You also agree that no certification authority or other third party verification is necessary to validate Your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of Your E-Signature or any resulting contract between You and STRATIS. You also represent that You are duly authorized to enter into this Agreement for all persons or entities who are authorized to access or use any STRATIS Services and that such persons or entities will be bound by the terms of this Agreement.