Terms and Conditions for ProSITE Anti-collision 2.0 and Remote Access Services
1. Introduction
Please read these Terms and Conditions (“Terms”, “Terms of Use”) carefully before using the Anti-Collision 2.0 or the Remote Access services provided by SMIE (“us”, “we”, or “our”).
These Terms and Conditions govern your use of our Anti-Collision system for cranes ProSITE, particularly focusing on the "Anti-Collision 2.0" feature, as well as the "Remote Access" feature. This document outlines the terms for both services.
2. Definition of Systems and Services
a. Anti-Collision 2.0 (Old and New Systems):
- Old Systems: Models with serial numbers below 10853. "Anti-Collision 2.0" enables operation over Wi-Fi and 4G for these systems. Basic functions like zoning and anti-collision via UHF radios (RAC) are available without this feature.
- New Systems: Models with serial numbers 10853 and above. The full functionality of the device, including zoning, anti-collision, and sensor data display, is enabled by "Anti-Collision 2.0." Without this feature, new systems can only display sensor values.
b. Remote Access Service: This service allows users to access the jobsite through 4G and enables the additional features available on the mobile app. It is charged at $49 per crane and is activated for an entire jobsite.
3. Subscription and Fees
a. Anti-Collision 2.0 Subscription:
- The "Anti-Collision 2.0" feature is available under a subscription model for 99€ per month.
- Upon activation, the feature remains active until the end of the calendar month, and the full month's fee is due regardless of the activation date.
- For new systems purchased as a kit, the monthly fee applies to the use of each piece of equipment included in the kit.
- Monthly invoices will be issued at the start of each calendar month for that month's service. Customers have 30 days from the invoice date to make the payment.
b. Remote Access Subscription:
- The service is charged at 49€ per crane per month.
- The service is activated for the entire jobsite.
- The number of cranes invoiced is based on the count on the 1st of each month.
- Monthly invoices will be issued at the start of each calendar month for that month's service. Customers have 30 days from the invoice date to make the payment for the Remote Access service.
c. Agreement to these Terms and Conditions includes tacit agreement to any future changes in subscription fees for both services. SMIE reserves the right to modify pricing with prior notice. Continued use of either service after such changes constitutes acceptance of the new pricing.
4. Payment Terms
a. Subscribers are required to pay the subscription fees as per the monthly invoices for both the Anti-Collision 2.0 and Remote Access services.
b. Failure to pay the invoice within 30 days will result in deactivation of the respective service.
c. Continuous service requires timely payment of each monthly invoice.
5. Deactivation for Non-payment
a. If payment is not received within 30 days of the invoice date, the respective service will be suspended.
b. For Anti-Collision Service:
- For Old Systems: The system will revert to basic functionality without Wi-Fi and 4G capabilities during suspension.
- For New Systems: The system will display only sensor values and will not perform zoning or anti-collision functions during suspension.
c. For Remote Access Service:
- Suspension will result in loss of remote access and additional mobile app features.
d. SMIE is not responsible for any loss, damage, or injury due to the deactivation of either service for non-payment.
6. General Terms
a. These Terms and Conditions may be updated periodically. Continued use of either service after changes constitutes consent to the changes.
b. Disputes arising from these Terms and Conditions shall be governed by the laws of France.
7. Contact Information
For questions or concerns regarding these Terms and Conditions, please contact us.