TERMS & CONDITIONS

Term

These Terms & Conditions shall come into force upon the purchase order date and shall continue in force indefinitely or until Service Fees are discontinued by Customer. These Terms and Conditions are governed under the laws of the Province of Ontario.

Hosted Services

Snaile shall create an account for the Customer and shall provide to the Customer login details for that account on the hardware installation date. Customer agrees that uptime, access, data liability and data protection are subject to Snaile’s hosting provider’s terms and conditions. Hosted in Canada by Amazon or Microsoft and compliant with The Personal Information Protection and Electronic Documents Act (PIPEDA). Snaile is not liable for internet connectivity uptime.

Service Fees

Customer agrees to pay Service Fees and Snaile therefore grants to the Customer a worldwide, non-exclusive license to use the Hosted Services by means of supported web browsers for the internal business purposes of the Customer. Snaile may suspend the provision of the Hosted Services if any amount due to be paid by the Customer to Snaile is overdue. Service Fees may be canceled by Customer with the payment of 12x the monthly service fee rate.

Maintenance Services

Snaile shall provide the Maintenance Services to the Customer. Snaile where practicable shall give the Customer at least 10 business days when maintenance is likely to have a material negative impact upon the Hosted Services or hardware.

Support Services

Snaile shall provide the Support Services to the Customer. Tier 1 support is available in French & English 24/7 via phone or web. Tier 2 support is available subject to in-field maintenance team availability but no longer than 5-business days. All reasonable efforts will be made by Snaile to resume hardware or software services as soon as possible, including swapping out hardware.

Customer Data

The Customer hereby grants to Snaile a non-exclusive license to copy, reproduce, store, distribute, publish, export, adapt, edit and translate the Customer Data to the extent reasonably required for the performance of Snaile’s obligations to the customer.

Hardware Warranty

Snaile provides a 3-year hardware warranty on the main PCB, lock control PCB, locks and IR content sensors. A 1-year warranty is provided on all other parts & components. Out of warranty service calls are subject to Snaile’s Time & Material rates. Hardware warranty does not apply to vandalism, theft, fire, water damage, negligence or other force majeure events.

Software Warranty

Snaile provides a perpetual software warranty as part of the paid Service Fees.

Source Code Escrow

Snaile shall provide, at an optional fee and by way of separate agreement, Customer with a source code escrow agreement to register Customer as a beneficiary of the source code in the event of Snaile’s dissolution.

Product Liability Insurance

Snaile will carry a $5,000,000CAD commercial Product Liability Insurance policy at all times.

Limitations of Liability

Snaile shall not be held responsible, whether Service Fees paid or not, for missing deliveries, locker content, vandalized deliveries, theft, damaged deliveries or the freshness of perishable deliveries. It is the responsibility of the Customer to manage locker content, passcodes, cleanliness and temperature.

Whether Service Fees paid or not, in no event is Snaile’s liability for any damages on any basis, in contract, tort or otherwise, of any kind and nature whatsoever, arising in respect of these Terms & Conditions, hardware or software, howsoever caused, including death, injury or damages of any kind and nature, caused by Snaile negligence, hardware, software or by a fundamental breach of contract or any other breach of duty whatsoever, to exceed fifty percent (50%) of the fees of the hardware purchase price actually paid to Snaile by Customer for hardware residing at the physical municipal address at which liability occurred. Customer acknowledges that Snaile has set its fees under these Terms and Conditions in reliance on the limitations and exclusions of liability set forth and such reliance forms an essential basis of these Terms and Conditions.

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