Field Services Additional Terms

Last Updated: October 12, 2022

These Field Services Additional Terms (“Field Services Terms”) are a part of the Montra Customer Terms of Service (and are hereby incorporated into the Montra Customer Terms of Service by reference), available at https://montra.io/legal/ctos. Capitalized terms used but not otherwise defined in these Field Services Terms will have the meanings set forth in the Terms of Service. The Field Services Terms set forth the additional terms and conditions under which Montra will provide to Customer certain services related to field installations, on-site troubleshooting, service calls, or on-site repairs (the “Field Services”). All terms of the Montra Terms of Service, including all disclaimers, limitations of liability, agreements and indemnities, apply to these Field Services Terms. Your right to access and use the Field Services is conditioned upon your compliance with these Field Services Terms.

These Field Services Terms apply to all users of the Field Services, including, as applicable, individual employees or contractors at a company (collectively, “Users”). If you are using the Field Services on behalf of an entity or other organization, references to “you” are to such entity or organization and you are agreeing to this Agreement for that entity or organization (the term “Customer” will also refer to that entity or organization).

PLEASE REVIEW THESE FIELD SERVICES TERMS CAREFULLY. BY ACCEPTING THESE FIELD SERVICES TERMS OR USING THE FIELD SERVICES, YOU AGREE TO EACH TERM IN THIS AGREEMENT, AND TO THE COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN THE MONTRA PRIVACY POLICY, WHICH IS PART OF THIS AGREEMENT.

1. Field Services

1.1 Services Provided

Montra provides Customers who have accepted these Terms and paid all applicable fees access to the Montra Field Services through Montra’s online software platform. Montra relies on various third-party partners to provide these services to Customers, and You acknowledge that Montra’s continued provision of Field Services is dependent on and subject to the terms of its third-party Field Services partners.

1.2 Limitations on Services Provided

Customer acknowledges and agrees that Montra does not provide consulting, architecture or structural engineering advice. Customer further acknowledges and agrees that Customer is solely responsible for ensuring compliance with any applicable laws, rules, and regulations (“Applicable Laws”), including without limitation any Applicable Laws that may require Customer to file for a construction permit or work with local labor unions for any reason.

2. Scheduling

2.1 Service Request Administration

An Account Administrator or Authorized Representative shall approve and submit instructions to Montra regarding each appointment that Customer requests for Field Services (“Service Request”). You agree that Montra may rely on such approval to effectuate the Service Request, and you waive and release any Claim against Montra arising out of any errors or omissions in the information that you provide to Montra in connection with any Service Request. You represent and warrant that your approval of any Service Request will not result in the violation of any applicable laws, rules, or regulations. You further agree to follow all instructions provided by Montra or its agents in connection with each Service Request. Customer acknowledges and agrees that service durations and estimated materials costs provided by Montra are estimates only, and may be impacted by factors including the time of day of the appointment, weather and accuracy of any information that Customer submits with the request.

2.3 Liability for Missed Appointments

Customer agrees that it shall be solely liable for any Service Call that cannot be completed due to a lack of on-site access. This can be caused by: (i) an incorrect address provided in the service request; (ii) incomplete instructions for locating the service site; (iii) incorrect name or phone number for the on-site contact; or (iv) the on-site contact not being available at the time of the appointment.

2.4 Liability for Non-Working or Missing Devices

Customer agrees that it shall be solely liable for any loss or damages that result from a failed installation Service Call in which: (i) a device was delivered to the incorrect address, due to an error by Customer; (ii) a device that is damaged, lost, or stolen while in the possession of Customer or Customer’s employees, agents, or officers; or (iii) a device that is damaged as a result of improper packing by Customer or Customer’s employees.

3 Service Responsibilities

3.1 Data Retrieval

Customer is solely responsible for ensuring that it retains a copy of any data on a device that Customer may need or want to retain prior to returning that device to Montra. Montra shall have no liability to Customer with respect to any data removed from a device that Customer returns to Montra.

3.2 Verification of Completion

3.3 Disposal of Old Devices and Materials

Customer may store any device for twelve (12) consecutive months (“Duration Limit”) without incurring an additional Duration Surcharge. For each device stored by Customer beyond the Duration Limit, Montra will assess a monthly Duration Surcharge equal to the Device logistics PEPM Fee. The Duration Limit for a device resets when that device is reassigned to a new employee.

4 Additional Costs

4.1 Materials Costs

Montra will make an Install Request in accordance with the shipping option(s) that Customer selects via the Montra Platform. Customer agrees to reimburse Montra for all shipping fees and charges (“Materials Costs”) associated with each Install Request. Customer further acknowledges and agrees that any shipping fees and charges provided by Montra are estimates only, are subject to change, and that Customer is responsible for the actual shipment charges assessed by the carrier.

4.2 Rental Equipment Costs

Montra will make a Install Request in accordance with the shipping option(s) that Customer selects via the Montra Platform. Customer agrees to reimburse Montra for all shipping fees and charges (“Rental Costs”) associated with each Install Request. Customer further acknowledges and agrees that any shipping fees and charges provided by Montra are estimates only, are subject to change, and that Customer is responsible for the actual shipment charges assessed by the carrier.

5. Invoicing and Payment

Montra will invoice and debit Customer on an as-incurred basis for all Field Services charges. Customer authorizes Montra to conduct automatic debits of Customer’s designated bank account for Shipping Charges as they are incurred. Customer acknowledges that a failure to pay Shipping Charges incurred by Customer may result in the Customer being unable to access their Montra account until payment is received.