TERMS AND CONDITIONS

Lift Master Community Access – Base Managed Plan

This Terms and Conditions Agreement (the “Agreement”) is entered into by and between Georgia Entry Solutions, LLC (“Provider”) and the subscribing party (“Customer”) as of the date of enrollment (the “Effective Date”). This Agreement governs the provision of managed services under the Lift Master Community Access – Base Managed Plan (the “Plan”).

By enrolling in this Plan, Customer acknowledges that it has read, understood, and agrees to be bound by the following provisions.

1.           DEFINITIONS

1.1. “Covered Equipment” means the Lift Master call box and related access control hardware and software monitored and managed under the Plan.

1.2. “Remote Preventive Maintenance Visit” means a non-physical service consisting of a remote login by Provider’s personnel to confirm system performance, connectivity, and overall operability.

1.3. “Services” means all obligations, functions, and tasks undertaken by Provider pursuant to this Agreement.

1.4. “Fees” means the monthly recurring charges owed by Customer to Provider for Services provided under this Plan.

2.           SCOPE OF SERVICES

2.1. Included Services. Provider shall deliver managed services consisting of:

(a)          Unlimited remote technical support for Covered Equipment;

(b)          Unlimited training for Customer’s staff and authorized residents;

(c)          Proactive monitoring of Covered Equipment;

(d)          One (1) Remote Preventive Maintenance Visit annually;

(e)          Monthly firmware updates to Covered Equipment;

(f)           Automated warranty support ticket generation when Covered Equipment is detected as nonoperational.

2.2. Exclusions. The Plan does not include:

(a)          On-site physical visits or service calls;

(b)          Hardware replacement, repairs, or upgrades;

(c)          Additional MyQ Community App licenses in excess of four (4);

(d)          Optional video storage or other premium features, unless separately purchased.

3.           FEES, BILLING, AND PAYMENT TERMS

3.1. Monthly Fees. Customers shall pay Provider $29.99 per month, billed in advance, via the authorized payment method on file.

3.2. Automatic Renewal. The Plan shall automatically renew on a month-to-month basis unless terminated in accordance with Section 5.

3.3. Declined Payments. In the event any charge is declined, rejected, or otherwise unsuccessful:

(a)          Provider may immediately suspend Services without liability;

(b)          Customer acknowledges such suspension may result in loss of access to the entry point and diminished system functionality;

(c)          Services shall not be reinstated until all outstanding Fees are paid in full.

3.4.       Administrative and Reinstatement Fees. Provider reserves the right to assess a reasonable reinstatement fee to reactivate Services following suspension for non-payment.

3.5.       No Refunds. All Fees are non-refundable. No partial credits will be issued for mid-cycle cancellations or suspensions.

4.           CUSTOMER RESPONSIBILITIES

4.1. System Environment. Customer shall maintain adequate electrical power and internet connectivity for Covered Equipment at all times, unless internet services are expressly provided under an additional service plan subscribed to by Customer.

4.2. Access. Customer shall provide Provider with reasonable access, credentials, and cooperation necessary to perform Services.

4.3. Notification. Customer shall promptly notify Provider of anomalies, outages, or defects not already detected through monitoring.

4.4. Billing Information. Customer shall maintain current and valid billing information with Provider.

5.           TERM, TERMINATION, AND CANCELLATION

5.1. Commencement. This Agreement shall commence on the Effective Date.

5.2. Termination by Notice. Either party may terminate this Agreement with thirty (30) days’ prior written notice.

5.3. Termination for Cause. Provider may terminate immediately upon Customer’s failure to pay Fees, breach of obligations, or misuse of Covered Equipment.

5.4. Effect of Termination. Termination shall not relieve Customer of any accrued payment obligations.

6.           LIMITATION OF LIABILITY

6.1. Exclusions. Provider shall not be liable for service interruptions, malfunctions, or damages arising out of or related to:

(a)          Electrical power outages;

(b)          Internet or communications failures;

(c)          Manufacturer defects or recalls;

(d)          Force majeure events beyond Provider’s reasonable control.

6.2.       Cap on Liability. Provider’s maximum aggregate liability for claims under this Agreement shall not exceed the total Fees paid by Customer in the three (3) months immediately preceding the claim.

6.3.       No Consequential Damages. In no event shall Provider be liable for consequential, incidental, indirect, or punitive damages, including but not limited to loss of profits, business interruption, or reputational harm.

7.           REPRESENTATIONS AND WARRANTIES

7.1. Provider Warranty. Provider represents that Services shall be performed in a professional and workmanlike manner consistent with industry standards.

7.2. Disclaimer. Except as expressly set forth herein, Provider makes no warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.

8.           GENERAL PROVISIONS

8.1. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia, without regard to conflict of law principles.

8.2. Dispute Resolution. Any dispute arising hereunder shall first be submitted to good-faith negotiation between the parties. Failing resolution, disputes shall be settled by binding arbitration in Carroll County, Georgia, administered in accordance with the rules of the American Arbitration Association.

8.3. Assignment. Customer may not assign this Agreement without Provider’s prior written consent. Provider may assign this Agreement to an affiliate or successor without restriction.

8.4. Notices. All notices required hereunder shall be in writing and delivered to the parties’ addresses on record, either by certified mail or electronic transmission with confirmation of receipt.

8.5. Entire Agreement. This Agreement, together with Provider’s Service Agreement, constitutes the entire understanding between the parties and supersedes all prior representations, negotiations, or agreements.

8.6. Amendments. No amendment or modification shall be binding unless in writing and executed by both parties.

8.7. Severability. If any provision herein is found unenforceable, the remaining provisions shall remain in full force and effect.

8.8. Waiver. The failure of either party to enforce any provision shall not constitute a waiver of such provision or of the right to enforce it later.