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Terms and Conditions

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://twenty20solutions.com website operated by Twenty20 Solutions (“us”, “we” or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Subscriptions & Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Twenty20 Solutions cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Twenty20 Solutions customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Twenty20 Solutions with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Twenty20 Solutions to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Twenty20 Solutions will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

“Service Fees” means the fees and other charges payable by Customer for the Services which shall consist of a Mobilization Fee, Monthly Service Fees, De-Mobilization Fee and such other fees and charges as are described in the applicable Service Order. Service Fees do NOT include Taxes which are payable separately by Customer.

Service Fees; Taxes; Payment Terms

Customer agrees to pay the Service Fees for the Services as indicated in any Service Order, Purchase Order and subject to any Master Services Agreement between Customer and Twenty20.

Customer shall also be liable for and agrees to pay (directly or reimburse Twenty20) all Taxes, promptly when due. Notwithstanding the foregoing, Customer shall not be liable for or required to pay Taxes on Twenty20’s income or related to Twenty20’s employees or property, including ad valorem or other Taxes based upon the value of Twenty20’s property, tools or equipment utilized by Twenty20 to provide the Services.

The Service Fees and any related Taxes for each Service Order shall be invoiced as follows: (i) the Mobilization Fee, payable for the Mobilization Service, shall be invoiced concurrently with the first Monthly Service Fee invoice; (ii) the Monthly Service Fees, payable for the Monthly Services, shall be invoiced on a monthly basis beginning on the commencement of the Monthly Services as specified in the applicable Service Order, and (iii) the Demobilization Fee, payable for the De-Mobilization Service, shall be invoiced concurrently with the last Monthly Service Fee invoice. (If applicable, the initial invoice may include a pro rata charge for any days between the commencement of the Services Term and the first day of the following month.)

Each invoice shall be due and payable by Customer within thirty (30) days after the date of issuance of the invoice. In the event Customer disputes any invoice, either in whole or in part, Customer shall promptly notify Twenty20 of the dispute and shall pay the undisputed portion. Customer and Twenty20 shall use commercially reasonable efforts to resolve promptly any such dispute. If Customer fails to pay any Service Fees and any related Taxes when due pursuant to this Agreement and the applicable Service Order, Customer shall pay interest on the unpaid balance from the date due until paid in full at a rate equal to the lesser of: (i) 15% per annum, or (ii) the maximum rate permitted by any Applicable Law. All payments by Customer shall be payable to Twenty20 at the address set forth in Section 14 below, or at such other place indicated in the applicable invoice or as Twenty20 may designate in writing.

Customer Obligations and Responsibilities

Customer shall pay to Twenty20 the Service Fees and Taxes when due.

Customer shall notify Twenty20 the locations of the Service Sites on which Services are to be provided so that they can be listed in the appropriate Service Order. Customer, in collaboration with Twenty20, shall determine where on each Service Site to install the Equipment to be used by Twenty20 in delivering the Monthly Services. Prior to installation of any Equipment, Customer shall inform Twenty20 in writing if any location within a Service Site is a Hazardous Location or an Environmentally Impaired Location. During the Service Term, Customer shall notify Twenty20 promptly in writing if any location at a Service Site not previously notified to Twenty20 as a Hazardous Location or Environmentally Impaired Location becomes a Hazardous Location or Environmentally Impaired Location. Customer and Twenty20 agree that only Equipment that has been UL certified as Class 1/Division 1, as such term is defined in the National Electrical Code, shall be installed on a Service Site that is a Hazardous Location.

During the period that Equipment is located on a Service Site, Customer shall refrain, and shall ensure that all persons other than authorized representatives of Twenty20 refrain, from touching, tampering or interfering with the Equipment, and shall otherwise ensure that the Equipment is secure and free from loss, damage or theft. Except for ordinary wear and tear, Customer shall be responsible, for the cost of repair or replacement of any Equipment that is not in good working order upon its collection by Twenty20 during or after the Term of any Service Order. Customer agrees to indemnify, defend and hold Twenty20 harmless from and against all loss, damage to or theft of Equipment located on a Service Site that occurs for any reason or from any cause, including events of Force Majeure.

Customer shall be responsible for providing electricity (including the cost thereof) to the Equipment installed on a Service Site throughout the term of each Service Order. Customer shall specify in each Service Order the source for such electricity, whether it be the local electric grid, solar power or another source. Customer shall be responsible for any disruption in the Services that results from a failure to provide electricity to the Equipment as specified. Customer acknowledges that Twenty20 shall use the electricity supplied to the Equipment as described above, including the use of high voltage electricity, to operate the Equipment and that improper contact with the Equipment could result in serious bodily harm as well as damage to the Equipment. Customer shall inform all persons accessing the Service Site of the danger involved in contacting or otherwise accessing the Equipment and shall ensure that no one other than an authorized representative of Twenty20 contacts or otherwise accesses the Equipment. Customer agrees to indemnify, defend and hold Twenty20 harmless from and against all Claims that result from any improper or unauthorized access of the Equipment.

Customer agrees to maintain its own equipment, pipelines, and tanks on the Service Site free from any leak or discharge. Customer shall promptly notify Twenty20 of Environmental Impairment, any leak or discharge or any emergency or disruption relating to the Services or the Equipment.

Customer acknowledges and agrees that in order to access and receive certain of the Services as well as notices, reports and information about the Services, Customer shall need to obtain for itself and use throughout any Service Term an active internet connection, an internet browser, and valid email account.

Fee Changes

Twenty20 Solutions, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Twenty20 Solutions will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Certain refund requests for Subscriptions may be considered by Twenty20 Solutions on a case-by-case basis and granted in sole discretion of Twenty20 Solutions.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Twenty20 Solutions and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Twenty20 Solutions.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Twenty20 Solutions

Twenty20 Solutions has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Twenty20 Solutions shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Messaging Terms of Service

1. When you opt-in to receive SMS text message alerts from Twenty20 Solutions related to the services being contracted, we will send you an SMS confirmation text message.

2. Twenty20 Solutions will send you text message alerts in conjunction with any events that occur on your sites being monitored by our service for which you contracted.

3. You can unsubscribe from SMS messages at any time by texting the word STOP in response to any text from Twenty20.

4. We are able to deliver messages to the following mobile phone carriers:

a. Major carriers: AT&T, Verizon, Wireless, Sprint, T-Mobile, Metro, U.S. Cellular, Alltel, Boost Mobile, Nextel and Virgin Mobile.

b. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

c. Carriers are not liable for delayed or undelivered messages.

5. Messaging and data rates may apply for any messages sent to you from Twenty20 and to Twenty20 from you. The number of texts you receive per day may vary based on your usage and interaction with the service. If you have any questions about your text plan or data plan, contact your wireless provider. All charges are billed by and payable to your wireless carrier.

6. For all questions about the services provided by this shortcode, you can send an email to info@twenty20solutions.com or you can text the word HELP to get additional information. Normal carrier rates apply for help messages.

7. For questions regarding privacy, please see our Privacy Policy.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Twenty20 Solutions and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Twenty20 Solutions, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Twenty20 Solutions its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us info@twenty20solutions.com .

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8308 Sterling St., Irving, TX 75063  817.200.7227  info@twenty20solutions.com

© 2020 Twenty20™ Solutions  l  Privacy Policy  l  Terms & Conditions  l  TX DPS PSB LIC #B19735