Logistics Services Additional Terms

Last Updated: October 12, 2023

These Logistics Services Additional Terms (“Logistics 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 Logistics Services Terms will have the meanings set forth in the Terms of Service. The Logistics Services Terms set forth the additional terms and conditions under which Montra will provide to Customer certain services related to device procurement, storage, shipping, receiving, configuration and repair (the “Device Logistics Services”). All terms of the Montra Terms of Service, including all disclaimers, limitations of liability, agreements and indemnities, apply to these Device Logistics Terms. Your right to access and use the Device Logistics Services is conditioned upon your compliance with these Logistics Services Terms.

These Logistics Services Terms apply to all users of the Device Logistics Services, including, as applicable, individual employees or contractors at a company (collectively, “Users”). If you are using the Device Logistics 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 LOGISTICS SERVICES TERMS CAREFULLY. BY ACCEPTING THESE LOGISTICS SERVICES TERMS OR USING THE DEVICE LOGISTICS 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. Logistics Services

1.1 Services Provided

Montra provides Customers who have accepted these Terms and paid all applicable fees access to the Montra Device Logistics 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 Device Logistics Services is dependent on and subject to the terms of its third-party Device Logistics Services partners.

1.2 Limitations on Services Provided

Customer acknowledges and agrees that Montra does not provide legal, tax or accounting 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 retain a device or data on a device for any reason. 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.

2. Device Shipments

2.1 Device Shipment Administration

An Account Administrator or Authorized Representative shall approve and submit instructions to Montra regarding each device shipment that Customer requests via the Device Logistics Services (“Device Shipment”). You agree that Montra may rely on such approval to effectuate the Device Shipment, 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 Device Shipment. You represent and warrant that your approval of any Device Shipment 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 Device Shipment. Customer acknowledges and agrees that shipment timeframes and estimated delivery dates provided by Montra are estimates only, and may be impacted by factors including the time of day that Customer submits the request and the performance and terms of the shipping carrier.

2.2 Shipping Charges

Montra will make a Device Shipment 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 (“Shipping Charges”) associated with each Device Shipment. 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.

2.3 Invoicing and Payment of Shipping Charges

Montra will invoice and debit Customer on an as-incurred basis for all Shipping 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.

2.4 Liability for Lost or Damaged Devices

Customer agrees that it shall be solely liable for any loss or damages that result from: (i) a device 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. Device Storage

3.1 Storage Charges

Customer may store devices equal to the number of employee seats that Customer has purchased (“Device Limit”) without incurring an additional Device Surcharge. For each device stored by Customer above the Device Limit, Montra will assess a Device Surcharge equal to the Customer’s current Device logistics Per Employee Per Month fee (“Device logistics PEPM Fee”).

4. Inventory Receiving

4.1 Receiving Charges

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.

5. Device Configuration

5.1 Configuration Fees

6. Returns and Repairs

6.1 Returns Fees

3.2 Repair Fees

3.2 Cleaning & Restoration Fees

3.3 Surcharge Billing

The Device Surcharge and the Duration Surcharge are payable monthly and are charged separately from and in addition to the Customer’s Device logistics PEPM Fee. Device Surcharges and Duration Surcharges are based on the month in which a device triggers the applicable surcharge, regardless of whether the device exceeds the applicable Device Limit or Duration Limit for a portion of such month.