Wizard Premium Service Plans
Terms of Service Agreement
This Terms of Service Agreement applies to all Subscribers to a Wizard Premium Service Plan. Please read these Terms of Service carefully as they form a part of your Premium Service Plan, and by subscribing you agree to be bound by these Terms.
Definitions
“Account” means the Customer’s account with Wizard, including but not limited to sales agreements, rental agreements, service plans, and all related contact and payment information.
“Consumables” means blades, blade cartridge, and inflatable clamps.
“Licensed Software” means the software operating a registered Wizard Computerized Mat Cutter (CMC) under the Software License issued to the Customer.
“Plan Year” means the 12-month period during which your Premium Service Plan subscription is in effect.
“Service Plan” means this Agreement together with the specific provisions of the Subscriber’s selected Plan.
“Subscriber” means a Wizard customer subscribing to an annual Premium Service Plan for the customer’s Computerized Mat Cutter and its related Licensed Software.
“Terms” means the provisions of the Premium Service Plan the Customer subscribes to, along with this Agreement and the provisions of Wizard’s Software License Agreement.
“Updates” means new features or other enhancements to the Licensed Software that we deem to be improvements to the Software for general application with the covered equipment.
Covered Equipment and Software
Coverage under this Plan is for one registered Wizard device, typically a Computerized Mat Cutter and its related Software.
Support Services
We will provide you with telephone and/or email based technical support as provided in your Premium Service Plan. If you encounter a problem with the covered equipment or in use of the Software, you agree to provide us with sufficient detail to permit us to understand the problem. We will provide our professional expertise, and make reasonable efforts to assist you in resolving the problem.
Software Updates
We may furnish Subscribers with Updates to the Licensed Software according to what is included in your Premium Service Plan, provided your Account is current. These Terms supplement the terms of your Software License Agreement (“Licensed Software”).
Replacement Parts
If you subscribed to a Plan that includes replacement parts, we will supply replacement parts for the covered equipment due to normal wear & tear, either without charge or with an applicable discount, as provided in your Plan. Excluded are all defects caused by misuse, accidental damage, by electrical surge, water, or by other environmental forces. Also excluded are Consumables.
Conditions of Service
You agree to provide true, accurate and complete contact information, to exchange communications related to the Service electronically, and to maintain on file with Wizard both a current email address and also a current telephone number. You further agree to be responsible for any activities that occur under your Account, to notify us immediately of any unauthorized access or use of your Account, and to hold Wizard harmless and indemnify Wizard from any loss or liability as a result of such unauthorized access or use.
Service Plan Term
Premium Service Plans are subscribed to on an annual basis or “Plan Year”, and are billed monthly. A Plan Year is defined as one full year from the start-date, or from any subsequent start-date anniversary. At initial enrollment, you will be charged the monthly subscription fee, and every month thereafter. The Plan to which you subscribed will automatically renew for successive one-year terms until you select a different Plan or your Plan is terminated or cancelled.
Payment Method
You agree to maintain a valid credit card or ACH (bank draft) information on file with us, for the purpose of monthly billing.
Privacy Policy
We respect your privacy, and will not share your information with anyone.
Limitation of Liability
We will make reasonable efforts during our normal business hours to provide support in accordance with the terms of your Plan. We make no other warranties, whether expressed or implied, regarding the performance of the covered equipment, Licensed Software or the services provided under your Plan. We will not reimburse you for work done by unauthorized servicers or others.
Cancellation and Termination
You may cancel your subscription at any time, effective as of the last day of the Plan Year. At the time of cancellation, payment will be due for the remainder of the current Plan Year. We may in our discretion terminate your Service Plan at any time for any reason, including but not limited to the following examples: failure to keep your account current, making abusive or fraudulent use of the Software or the Plan, or breach of the terms of the Software License Agreement or of these Terms.
Force Majeure
Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement if such delay or failure arises by forces reasonably beyond its control, including acts of God, the elements, earthquakes, floods, fires, epidemics, riots or other public disorder, failures or delay in transportation or communications or utilities; provided, however, that lack of funds shall not be deemed to be a reason beyond a party’s reasonable control.
Governing Law
This Service Plan Agreement shall be governed by and interpreted in accordance with the law of the State of Washington, without reference to conflict of law principles.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms of Service at any time. We will provide at least 90 days’ advance notice prior to any major changes to the Terms taking effect.
Last updated: 12/1/2021