BorderMANAGE Equipment Lease Agreement

PLEASE READ THOUROGHLY!

THE CUSTOMER/END-USER (HEREIN INTERCHANGEABLE WITH LESEE) MUST READ, UNDERSTAND, AND AGREE TO ALL TERMS AND CONDTIONS OF THIS LEASE AGREEMENT CONTAINED HEREIN. BY PROCEEDING TO PURCHASE BORDERMANAGE SERVICES, THE CUSTOMER/END-USER ACKNOWLEDGES, AGREES, AND ABIDES BY, IN CONTRACT, ALL TERMS AND CONDITIONS OF THIS LEASE AGREEMENT HEREIN.

BorderMANAGE is a lease and service solution. All hardware and software required to install, setup, operate, and implement BorderMANAGE is the SOLE property of BorderMANAGE, a division of BorderLAN Inc. BorderMANAGE is an integrated solution. All hardware is provided and required as part of any and all service packages presented and provided. No hardware can be leased without a service package. No service package can be provided without BorderMANAGE leased hardware.

All customer/end-user data is the sole property of the customer. Upon completion of the lease agreement and if the customer/end-user discontinues any further BorderMANAGE services, all customer/end-user data will be transferred to the customer/end-user upon return and receipt of all BorderMANAGE hardware and software property.

DEFINITIONS

Lessor – BorderMANAGE, a division of BorderLAN, Inc.

Lessee – Party entering into this Agreement with BorderMANAGE (can be but not limited to: an individual, business entity, corporation, non-profit organization, governmental entity/institution at a local, state, or federal level, educational entity, etc.)
Rental and Lease are used interchangeably.

Active Lease Period – Shall be the non-cancelable time commitment to lease the equipment and service and is for a minimum of 12 calendar months.

 

LEASE COMMITMENT PERIOD, PAYMENT TERMS

Due to the nature of the unique service static IP address and service assigned to the Lessee, this agreement requires a 12 calendar month commitment that CANNOT be cancelled or reimbursed once the agreement is in force. This Lease shall be considered a pre-paid lease for equipment and service, whereby payment is made in advance of the service. The Lessee can choose one of two payment options: 1) A monthly charge on the same calendar day due when the Agreement begins for a minimum of 12 consecutive calendar months, paid in advance on the same calendar day each month for no less than 12 months OR, 2) One-time prepayment charge for the aggregate total of the entire 12 calendar month rental period. This lease agreement starts and is in force upon the Lessee’s acceptance of this agreement and the first month’s payment or the aggregate 12-month prepayment is received. The selection of payment option at checkout will constitute Lessee’s agreement to the commitment of those payment terms.

AUTO RENEWAL

This lease will auto-renew at the end of every Active Lease Period for an additional 12 calendar month lease with the same payment commitment (prepaid monthly or one-time 12-month pre-payment) unless Lessee cancels PRIOR to the end of the current Active Lease Period by submitting a 30-day notice to BorderLAN Inc. of the intent to cancel. BorderMANAGE may provide a periodic customer service call or email to help facilitate any additional service add-ons or complimentary subscriptions as a courtesy to Lessee. Contact may be via email, phone call, or both from an authorized BorderMANAGE or BorderLAN Inc. Customer Success Representative.

IMDEMNIFACTION

Lessee agrees to indemnify and hold Lessor harmless from any and all claims, actions, financial loses, operational setbacks, suits, proceedings, costs, expenses, damages, and liabilities, including reasonable attorney fees arising out of, connected with, or resulting from the rental/lease of any equipment, equipment system operating software, application software, or the employment of any personnel provided by Lessor hereunder. However, Lessee shall have no obligation to indemnify and hold harmless Lessor for its sole gross negligence or for the intention or wanton misconduct of any personnel employed or contracted by Lessor as determined by the CLAIMS, LITIGATIONS, AND JURISDICTION provision stated herein below.

EQUIPMENT DEPLOYMENT

Lessee shall install, operate, and maintain equipment in accordance with manufacturer's intended design, purpose, and functionality. Equipment contains no serviceable parts and shall not be modified, tampered with, or upgraded. Equipment operating software, and any internal equipment software applications shall not be reprogrammed, modified, or updated unless recommended or required by manufacturer, in accordance with manufacturer’s approved procedures. It is the Lessee’s responsibility to procure, install, and operate equipment in compliance with all local, state, and federal laws and statutes. Lessor shall not be held liable, responsible, or accountable for any violations aforementioned by the use of equipment by Lessee whether intentional, unintentional, or consequential.

CYBERSECURITY AND PHYSICAL SECURITY

BorderMANAGE equipment allows Lessee to connect to the Firewall Management Port of a Lessee owned approved device via a cellular subscribed network for diagnostics, backup and management. Lessee agrees that such access requires Lessee to enable and maintain a high-level security access system/procedure on the Firewall Management Port such as multi-factor authentication and/or unique passwords, changing them often to ensure that public facing access is not compromised. It is the responsibility of the Lessee to implement and maintain physical security access to firewall appliances, BorderMANAGE equipment, and/or internal systems.  Any breaches through the BorderMANAGE system will not be the responsibility or liability of BorderMANAGE or BorderLAN Inc. in any way.

DAMAGED EQUIPMENT

Lessor’s equipment is in good, tested, and operating condition when leaving Lessor’s facility. If, upon receipt by Lessee, the equipment is non-operational or not working within designed specifications, Lessee can return equipment at Lessor’s expense for a replacement.

Upon receipt and successful operational deployment of equipment, Lessee shall, at their own cost and expenses; protect, keep, and maintain all equipment in a good state of operating condition, normal wear and tear accepted. Lessee will be responsible for any cost to repair equipment to same condition when initially delivered and/or replacement of equipment, including loss due to theft and any other unforeseen natural or man-made causes.

If equipment fails during the Active Lease Period, not attributed by conditions listed above, the Lessee can return the equipment for a replacement at the Lessor’s expense.

TRANSERABILITY

This lease agreement is exclusively between Lessor and Lessee, and as such is non-transferable. The designed capacity of the BorderMANAGE equipment is one end-point device per firewall appliance or any approved BorderMANAGE supported device. Lessee may transfer/move, connect, and operate the end-point device to another firewall appliance under Lessee’s domain/control. However, Lessee will be solely responsible for any costs, loss of operation, functionality, data, and/or any other unforeseen consequences incurred by removing end-point device from the original firewall appliance in which the BorderMANAGE equipment was installed, set-up, and operated. Lessee will also be solely responsible for any additional costs incurred required for installation, set-up, configuration, and operational functionality with any firewall appliance under Lessee’s domain/control other than the original firewall and initial installation, set-up, configuration, and operational functionality.

END OF RENTAL/LEASE PERIOD

If Lessee elects to not renew lease of equipment at the end of the current active rental period, then Lessee shall, at their own expense, return all equipment in same condition when delivered within 30 calendar days of the end of the rental/lease period. After the 30 calendar days, the Lessee shall be charged $600.00 (US). At that point Lessee will own the equipment, but the assigned static IP address and service will be deactivated and unusable under BorderMANAGE’s system and cellular subscribed network.

It is highly recommended to provide Lessor with tracking/shipping number to assure credit of return.

All Lessee configuration and backup data will be securely maintained at BorderMANAGE for a period of 90 days in accordance with BorderMANANGE’s Privacy Policy after the end of the Active Lease Period. After 90 days, all Lessee configuration and backup data will be permanently and securely deleted.

CLAIMS, LITIGATIONS, AND JURISDICTION

BorderMANAGE may modify these terms, conditions, and provisions or any additional terms, conditions, and provisions that apply to BorderMANAGE equipment. The laws of California, U.S.A. will apply to any disputes arising out of or relating to these terms, conditions, provisions, and/or the equipment. All claims arising out of or relating to these terms, conditions, provisions, and/or the equipment will be litigated exclusively in the federal or state courts of San Diego, California, USA, and upon acceptance of this agreement, Lessee consents to the jurisdiction therein and of those courts.