Rainforest Connection (RFCx) Annual Maintenance Contract (AMC)

RAINFOREST CONNECTION (RFCx) ANNUAL MAINTENANCE CONTRACT (AMC)

The Rainforest Connection (RFCx) Annual Maintenance Contract (AMC) is a contract agreement for the Annual Maintenance service of RFCx hardware between the project partner and RFCx.

The following equipment and accompanying framework shall be maintained:

1. RFCx Guardians + component accessories (solar panels, antenna & cables)

2. RFCx Edge

How Consumer Rights Affect this Plan

The benefits occurred by this plan are in addition to all rights and remedies provided under the RFCx warranty and disclosure. This plan shall not prejudice the rights granted by any applicable consumer law in the country of origin or country of use. This includes the right to receive remedies under the warranty and disclosures of RFCx.

Under this agreement, the customer would like the equipment to be maintained in good working order. Such required levels of maintenance services will include periodic inspections of software to check hardware functionality, that are routine along with scheduled repairs and the replacement of parts on an as-needed basis. Emergency repairs will also be made when necessary whenever the equipment becomes inoperable unexpectedly.

1. The Plan

Benefits under this Plan are additional to your rights under applicable laws, the manufacturer's hardware warranty and any complimentary technical support. The terms of the Plan apply the same whether paid for by you or a third party who financed your Plan (a “Payment Plan Provider”) or on a one-time basis (“Single-Pay Plan”) except where otherwise noted.

The Plan covers the following equipment (collectively, the “Covered Equipment”): (i) RFCx Guardian, RFCx Guardian’s necessary components (solar panels, antenna, cables etc), RFCx edge.

2. Plan Term and Renewal

Plan coverage begins when you purchase the Plan and continues, for one (1) year, (365 days) from the day of purchase.

RFCx is not obligated to renew your Single-Pay Plan after one (1) year. If RFCx does offer to renew, RFCx will determine the price and terms. The Customer can ask for a renewal of the Single-Pay Plan, which will be agreed upon at the discretion of RFCx.

You can find the price of the Plan on the original agreement.

3. What is Covered?

RFCx is in the business of providing hardware and installation services of RFCx equipment, and hereby agrees to provide the following maintenance services to the customer:

1. The status of all equipment described above shall be inspected and repaired on a regular basis. This will take the form of observations using the RFCx dashboard to inspect equipment and troubleshoot issues.

2. RFCx will provide 1 (one) visit per year to the project site to repair or replace non-functional guardian(s) damaged by conditions listed in the exclusions section of the RFCx Warranty and Disclosure document. The field visit will be scheduled only if necessary and only after all remote support has been exhausted.

3. The AMC covers costs of equipment repair or replacement and excludes non-equipment associated costs which include but are not limited to travel (flights) and accommodation (hotels). External costs will be assumed by the purchaser of the AMC.

4. RFCx shall respond to any of the customers’ queries, updates, concerns & requests for repairs within 48 hours of receiving a request from the Customer.

5. RFCx shall make sure that all services that are provided under the terms of this & the warranty & disclosure agreement are to be performed by properly trained and certified individuals. These mentioned employees shall be certified responsible and capable by RFCx hierarchy and a certified canopy access training program.

6. RFCx also certifies that all employees that will be maintaining RFCx's equipment will obey the laws of the resident country in which the customer resides required to administer the above-mentioned services. Also, adhering to RFCx’s code of conduct for employees.

All replacement products provided under this Plan will at a minimum be functionally equivalent to the original product. If RFCx exchanges the Covered Equipment, the original product becomes RFCx’s property and the replacement product is your property, with coverage effective for the replacement product for the remainder of the Plan Term.

4. What is not Covered?

4.1 Hardware services

AS discussed in the Warranty and Disclosures document RFCx will not cover equipment replacement or repair in the following circumstances:

a. to conduct preventive maintenance;

b. to repair damage caused by reckless, abusive, wilful or intentional conduct, extreme weather events, ‘acts of god’, or any use of the Covered Equipment in a manner not normal or intended by RFCx;

c. to repair damage caused by a product that is not Covered Equipment;

d. services to install, remove or dispose of the Covered Equipment or the equipment provided to you while the Covered Equipment is being serviced;

e. to repair any damage to Covered Equipment (regardless of the cause) if the Covered Equipment has been opened, serviced, modified, or altered by anyone other than RFCx or an authorized representative of RFCx, or altered without the prior written consent of RFCx;

4.2 Technical Support

RFCx will not provide Technical Support in the following circumstances:

a. For use of the Consumer Software as server-based applications i.e. RFCx Dashboard, the RFCx Ranger application and the RFCx Explorer;

b. For issues that could be resolved by upgrading software to the then-current version;

c. For third-party products or their effects on or interactions with the Covered Equipment;

d. For software other than the Consumer Software;

e. For any Consumer Software designated as “beta”, “prerelease”, or “preview”, or similar designation; or

f. For damage to, or loss of, any software or data that was residing or recorded on the Covered Equipment (note: The Plan does not cover the recovery or reinstallation of software programs and user data).

5. How to obtain Service and Support

You may obtain service or technical support by calling RFCx contacts.

General RFCx contact

Support@rfcx.org

+1 (415 335-6804 (google voice)

You must provide the Plan agreement or Project in which the Covered equipment is being used.

6. Service Options

RFCx will provide hardware services to you through one or more of these options:

a. Onsite service is available for certain Covered Devices, e.g. Guardians and RFCx Edge. A site visit will be scheduled and will be provided at the project location when it becomes absolutely necessary and only after all remote support fails; you will be contacted by RFCx’s authorised service provider to confirm your visit. RFCx field agents will transport the Covered Equipment to the project location. All scheduled visits to the country of origin will be subjected to shipping & handling, transport of personnel and hospitality charges.

RFCx may change the method by which RFCx provides repair or replacement service to you, and your Covered Equipment's eligibility to receive a particular method of service.

b. Express Replacement Service (“ERS”). ERS is available for certain Covered Equipment. If RFCx requires the return of the replaced device, RFCx will organise this with the Consumer of the Covered Equipment.

If you fail to return the replaced Covered Equipment when required or as instructed or return a replaced Covered Equipment that is ineligible for service, RFCx will not cover the costs for this piece of equipment. If RFCx does not require the return of the replaced product or part, RFCx will ship you free of charge a replacement product accompanied by any applicable instructions or requirements for disposal of the replaced product. RFCx is not responsible for any labour costs you incur in respect to ERS.

7. Your responsibilities

To receive service or support under the Plan, you agree to:

a. provide information about the symptoms and causes of the issues with the Covered Equipment;

b. respond to requests for information needed to diagnose or service the Covered Equipment;

c. follow instructions RFCx gives you,

d. (update software to currently published releases prior to seeking service, and

e. Provide your project location

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RAINFOREST CONNECTION AND ITS EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY SUBSEQUENT OWNER OF THE COVERED EQUIPMENT FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, THE COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA OR THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA, ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM RAINFOREST CONNECTION’S OBLIGATIONS UNDER THIS PLAN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF RAINFOREST CONNECTION AND ITS EMPLOYEES’ AND AGENTS’ LIABILITY TO YOU AND ANY SUBSEQUENT OWNER ARISING UNDER THE PLAN SHALL NOT EXCEED THE ORIGINAL PRICE PAID FOR THE PLAN. RAINFOREST CONNECTION SPECIFICALLY DOES NOT WARRANT THAT (i) IT WILL BE ABLE TO REPAIR OR REPLACE THE COVERED EQUIPMENT WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA, (ii) IT WILL MAINTAIN THE CONFIDENTIALITY OF DATA, OR (iii) THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE.

THE BENEFITS CONFERRED BY THIS PLAN ARE IN ADDITION TO ANY RIGHTS AND REMEDIES PROVIDED UNDER CONSUMER LAWS AND REGULATIONS. TO THE EXTENT THAT LIABILITY UNDER SUCH LAWS AND REGULATIONS MAY BE LIMITED, RAINFOREST CONNECTION’S LIABILITY IS LIMITED, AT ITS SOLE OPTION, TO REPLACEMENT OR REPAIR OF THE COVERED EQUIPMENT OR SUPPLY OF THE SERVICE. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Cancellation

9.1 Your Cancellation Rights

You may cancel this Plan at any time for any reason. You can cancel your plan by contacting RFCx at any point with notice (see above). You must have a copy of Plan’s original agreement with your notice.

Unless local law provides otherwise, cancellation refunds will be provided as follows:

a. Within thirty (30) days of your Plan’s purchase or receipt of this Plan, whichever occurs later, you will receive a full refund less the value of any benefits provided to you under the Plan.

b. More than thirty (30) days after your receipt of this Plan, you will receive a pro-rata refund of the original purchase price. The pro-rata refund is based on the percentage of unexpired Plan Term from the Plan’s date of purchase, i.e. as a proportion of the time left on the Plan’s term or the number of Guardian’s that need replacing. Less (i) a cancellation fee of twenty-five ($25) dollars or ten percent (10%) of the pro-rata amount, whichever is less, and (ii) the value of any benefits provided to you under the Plan.

9.2 RFCx’s Cancellation Rights

If your Payment Source cannot be charged for any reason for amounts due, including for any, and you have not otherwise made the appropriate payment by the due date, your Plan may be cancelled for non-payment and your Plan coverage will cease from the due date or renewal date.

Additionally, unless applicable local law provides otherwise, RFCx may cancel this Plan for fraud or material misrepresentation, or if service parts for the Covered Equipment are not available, upon thirty (30) days’ prior written notice. If local law permits and RFCx cancels this Plan for the unavailability of service parts, you will receive a pro-rata refund for the Plan’s unexpired Term.

9.3 Effects of Cancellation

Upon the effective date of early cancellation, RFCx’s future obligations under this Plan to you are fully extinguished

10. General Terms

(a) RFCx may subcontract or assign performance of its obligations to third parties but shall not be relieved of its obligations towards the client in doing so.

(b) RFCx is not responsible for any failures or delays in performing under the Plan that are due to events outside of RFCx’s reasonable control.

(d) You agree that any information or data disclosed to RFCx under this Plan is not confidential or proprietary to you. Furthermore, you agree that RFCx may collect and process data on your behalf when it provides service. This may include transferring your data to affiliated companies or service providers in accordance with the RFCx Customer Privacy Policy.

(e) The terms of the Plan, including the original sales receipt of the Plan and the Plan Confirmation, shall prevail over any conflicting, additional, or other terms of any purchase order or other document, and constitute your and RFCx’s entire understanding with respect to the Plan.

(f) RFCx is not obligated to renew any Single-Pay Plan. If RFCx does offer renewal, RFCx will determine the price and terms.

(g) There is no informal dispute settlement process available under this Plan.

(h) Support services under this Plan may be available in English only.

(i) The Administrator is Rainforest Connection Inc. (the “Administrator”), a registered 501 (c)3), a California corporation with its registered office at:

77 Van Ness Ave, Suite 101-1717, San Francisco, CA, 94102, USA, +1 (415) 335-9205.