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Window Agent Service and Lease Agreement
This agreement is made effective as of ____________ (Date), by and between TableTouch, Inc. (“Lessor”) and _____________________ (“Lessee”). The agreement of the parties is as follows:
1. Equipment subject to this agreement is one 19-inch diagonal touch screen display with integrated computer and enclosure (collectively, the “Equipment”) including any fixtures shipped for installation. A software application (the “Service”) to be run on the Equipment shall consist of a user interface providing a variety of menus enabling viewer access to a database of available real estate properties and listings, a set of web pages requesting input from the viewer for cell phone number and/or email address, and a server which will forward selected information to the cell phone or email address input by the viewer. Lessor shall provide, at Lessor’s expense, WiFi and Internet access on Lessor’s premises to operate the Service.
2. Payment Terms. The Lessee shall make an initial payment of $600 as a deposit (the “Deposit”) equal to the first monthly service and lease payment ($300) plus a one-time set up fee (an additional $300 for a basic set up charge) to request initiation of service. Additional set-up charges may apply depending on Lessee’s request for special services beyond the basic set-up and/or special installation needs. Lessor and Lessee shall mutually agree upon a date for initiation of service (the “Initiation Date”) after set up and installation have been mutually accepted. Upon initiation of service, eleven monthly payments of $300.00 shall be due on the first day of each calendar month. The payments shall be due without further notice to Lessee of any payment being due.
3. Late Charge. A late charge of 5% of the payment shall be due if any payment is not received within 10 days of the due date. In addition, interest will be charged at the rate of 1.5% per month, or 18% per year, on any unpaid balances.
4. Insufficient Check Charge. Lessee shall be charged $25 for each check that is returned to the Lessor for lack of sufficient or collectible funds or for any other reason whatsoever.
5. Security Deposit. No security deposit.
6. Agreement Term. This agreement shall begin on the above effective date and shall terminate 365 days after the Initiation Date., unless otherwise terminated in a manner consistent with the terms of this agreement.
7. Location of the Equipment. The Equipment shall be located at ________________ ___________________________________________________during the agreement term, and shall not be removed from that location without the Lessor’s prior written consent.
8. Operation and Care of Equipment. Lessee is solely responsible for the operation and care of the Equipment. The Equipment must be used and operated in a careful and appropriate manner. Its use must comply with all laws, ordinances, and regulations relating to the possession, use, or maintenance of the Equipment.
9. Maintenance and Repair. Lessee shall maintain at the Lessee’s cost, the Equipment in good repair and operating condition, allowing for reasonable wear and tear. Such costs shall include labor, material, parts, and any similar items.
10. Alternations. Lessee shall make no alterations to the equipment without the prior written consent of Lessor. All alterations shall be the property of Lessor and subject to the terms of this agreement.
11. Right of Inspection. Lessor shall have the absolute right to inspect the Equipment during Lessee’s normal business hours.
12. Equipment Return at the end of the Agreement. At the end of the agreement term, the Lessee shall be obligated to return the Equipment to the Lessor at the Lessee’s expense.
13. Renewal Option of the Lessee. If Lessee is not in default upon the expiration of this agreement, the Lessee shall have the option to renew this agreement for a similar term and on such terms as the parties may mutually agree upon at the time of such renewal.
14. Additional Services. From time to time, Lessor may offer additional services to the Lessee. Lessee is not obligated to accept such offers.
15. Equipment Acceptance by Lessee. Lessee shall inspect each item of equipment delivered pursuant to this Lease. The Lessee shall immediately notify the Lessor of any discrepancies between such item of equipment and the description of the Equipment. If the Lessee fails to provide such notice before accepting delivery of the Equipment, the Lessee will be conclusively presumed to have accepted the Equipment as specified.
16. Ownership and Legal Status of Equipment. Equipment will be deemed to be personal property, regardless of the manner in which it may be attached to any other property. Lessor shall be deemed to have retained title to the equipment at all times. The Lessee shall immediately advise the Lessor regarding any notice of any claim, levy, lien, or legal process filed or issued against the Equipment.
17. No Warranty. Lessor makes no warranties, express or implied, as to the Equipment leased. Lessee assumes the responsibility for the condition of the Equipment.
18. Risk of Loss or Damage and Insurance. Lessee assumes all risk of loss or damage to the Equipment from any cause, and agrees to return it to the Lessor in the condition received from the Lessor, with the exception of normal wear and tear, unless otherwise provided in this agreement. Lessee shall provide insurance on the Equipment and make Lessor a Named party on the insurance policy. Any lapse of insurance shall be considered a default under the terms of this agreement.
19. Indemnity of Lessor for Loss or Damages. Unless otherwise provided in this agreement, if the Equipment is damaged or lost, Lessor shall have the option of requiring the Lessee to repair the Equipment to a state of good working order, or replace Equipment with like equipment in good repair, which equipment shall become the property of the Lessor and subject to this agreement.
20. Liability and Indemnity. Liability for any damages to property and for any injury, disability, and death of workers and other persons caused by operating, handling, or transporting the Equipment during the term of this agreement is the obligation of Lessee, and Lessee shall indemnify and hold Lessor harmless from and against all such liability.
21. Taxes and Fees. During the term of this agreement, the Lessee shall pay all applicable taxes, assessments, and license and registration fees on the Equipment.
22. Default. The occurrence of any of the following shall constitute a default under this agreement:
A. Failure to make a required payment under this agreement when due.
B. Violation of any other provision or requirement that is not corrected within 10 days after written notice of the violation is given.
C. The insolvency or bankruptcy of Lessee.
D. The subjection of any of Lessee’s property to any levy, seizure, assignment, application or sale for or by any creditor or government agency.
23. Rights upon Default. In addition to any other rights afforded the Lessor by law, if the Lessee is in default under this agreement, without notice to or demand on the Lessee, the Lessor may take possession of the Equipment as provided by law, deduct the costs of recovery (including attorney fees and legal costs), repair, and related costs, and hold the Lessee responsible for any deficiency. The rights and remedies of the Lessor provided by law and this agreement shall be cumulative in nature. Lessor shall be obligated to re-lease the Equipment, or otherwise mitigate the damages from the default, only as required by law.
Signed:
________________________________ __________________________________
for TableTouch, Inc. Lessee
Date: _________________ Date: _________________