Terms & Conditions

COPYRIGHT
Customer shall hold sole copyright to all images and movies generated from iBEAM Hosting services. iBEAM retains copyrights and ownership to its software, web sites, and other intellectual property.

SERVICE INTERRUPTIONS
Power and Internet connectivity is required for camera service. When uninterrupted service is a priority, iBEAM recommends that the Customer supply back-up power and a redundant Internet connection. The camera or network equipment may need to be rebooted at the job site to restore service.

INVOICES AND PAYMENTS
Equipment fees will be invoiced and are due before shipment. Hosting fees will be invoiced on a monthly basis, in advance. Customer may purchase prepaid blocks of hosting services at discounted rates. If a project extends beyond the prepaid hosting period, the customer may purchase additional blocks of hosting at a discount or continue at the monthly rate. Prepaid blocks of hosting are non-refundable, but may be applied to multiple projects.

(For rented systems.) Setup charges and first three months’ rental and hosting charges will be invoiced and are due before shipment. Subsequent months’ rental and hosting charges will be invoiced on a monthly basis, in advance. Rates are based on the estimated term of the rental; if the camera is returned before the estimated term, the customer will be re-invoiced at the appropriate rate for the actual length of the project. Rentals of 12 months may be prepaid at a discount; if the customer does not use the entire prepaid rental, the remaining prepaid amount can be applied to the next project or refunded. Rentals will automatically be extended on a month-to-month basis until the camera is returned.

Payment terms are 1% 10 Net 30. Service charges not exceeding one and one-half percent (1-1/2%) per month, or such lesser amounts as may be permitted under applicable law, may be imposed on past due accounts. Customer is responsible to pay the costs of collecting unpaid amounts, including but not limited to court costs, filing fees and reasonable attorneys’ fees.

Customer shall pay all license fees, registration fees, assessments, imports, duties, charges and taxes imposed by federal, state or local authorities.

CANCELLATION AND TERMINATION
Production of your construction camera begins immediately after your order is received. Orders cancelled before the camera equipment has shipped are subject to a cancellation fee of 10% of equipment charges. We cannot cancel, refund, or accept returns on special order items, any item that has been used and/or abused, shipping charges (unless a result of our error), or hosting charges for service outages as a result of power or network issues at the Customer’s site.

Customer may terminate Hosting services and camera rental in writing at any time.

RENTAL TERMS AND CONDITIONS
Rented equipment shall be returned to iBEAM (postage paid and insured) in as good condition as when delivered to Customer (ordinary wear and tear excepted) within five business days of the end of the rental period. In the event the equipment or any part thereof is not returned to iBEAM within five days, the Customer will be invoiced for the value of the unreturned equipment or item as determined by iBEAM.

Customer assumes all risk of loss or damage to the equipment until returned to iBEAM and shall provide special form property insurance with a replacement cost valuation provision insuring against loss or damage to the equipment throughout the rental period. Rental charges for lost, stolen or damaged equipment will continue until iBEAM receives full replacement value or repair cost of said equipment. Rental charges will not be offset against replacement value or repair cost.

iBEAM shall retain all right, title and interest in and to the equipment provided to Customer. Customer shall not remove or permit removal of any serial number, model, name or other indicia showing ownership of the equipment. All equipment is and shall at all times remain separate items of personal property, notwithstanding the attachment or fixing of them to any items of equipment or to real property or any building thereon.

USE
Customer will not, nor will permit others to use the construction camera in any way that violates any law or regulation or subjects iBEAM to liability.

LIMITATION OF LIABILITY
iBEAM SHALL IN NO EVENT HAVE ANY LIABILITY TO CUSTOMER OR ANY OTHER PERSON FOR ANY LOSS OF PROFITS, LOSS OF USE, OR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF iBEAM HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OF OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE EQUIPMENT, THE SOFTWARE OR THE SERVICES, OR ANY FAILURE OR DELAY IN CONNECTION WITH ANY OF THE FOREGOING. THE MAXIMUM THAT iBEAM MAY BE LIABLE FOR UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL CHARGES FOR THE EQUIPMENT AND SERVICES PAID TO iBEAM FOR THE 12 MONTHS AFTER CUSTOMER'S CLAIM FIRST AROSE. iBEAM expressly disclaims all implied warranties of merchantability or fitness for a particular purpose. The system is to be used only as a reference aid. The system is not a substitute for the exercise of professional judgment. iBEAM SHALL HAVE NO LIABILITY RESULTING FROM USE OF OR RELIANCE ON ANY INFORMATION, WHETHER CORRECT OR INCORRECT, OBTAINED FROM OR THROUGH THE SYSTEM.