Terms and Conditions
AfterCare Offerings
All stop billing requests must be made via writing to ACS by the 20th of each month in order to not be billed for the following month.
Below is the totality of the terms and conditions of the AfterCare services offered:
Preferred Plan: $89/Month
24/7 Phone Support. An ACS AfterCare team member is available to answer your calls 24 hours a day, 7 days a week, 365 days a year.
Remote Online Triage Support and Monitoring. The ACS AfterCare Team can login to the system and provide a network health check. ACS AfterCare team can reset your cable box, AppleTV, and network connected devices as needed, provided your devices are connected to a resettable outlet.
Proactive Online Support. At a minimum, twice a day, ACS IT will login to your system and perform a health check. If there are any items that need to be resolved, ACS AfterCare will endeavor to remedy. Every month, ACS AfterCare will provide a detailed report of your network health card. ACS AfterCare will see a real-time update on lighting, climate, security and AV components and know immediately if there are issues that need to be resolved. As part of your system monitoring, we’ll also conduct regular network performance tests since latency is often a cause for performance issue.
2-hour Response Time to acknowledge receipt of your need for service. ***These response times for email response are during normal business hours- please call the emergency number after hours for all other service needs.***
Labor and Equipment Discounts. Labor rates will be reduced from $225 for the first hour /$175 for each additional hour to $200/$150, respectively. Emergency weekend service from $500 for the first hour/$350 each additional hour to $400/250, respectively. Hardware discounts to be determined based on manufacturer.
Essentials Plan: $59/Month
Extended Hours Phone Support. Monday through Friday 8AM-8PM. Weekend Support 10AM-4PM.
Reactive Online Triage Support. Monday through Friday 8AM-8PM. Weekend Support 10AM-4PM. ACS AfterCare team can login to your system and reset your cable box, AppleTV, and network connected devices, provided your devices are connected to a resettable outlet.
All support after hours will be billed at $160/hr (billed in 15-minute intervals)
Remote Online Monitoring Monday through Friday 8AM-8PM. ACS AfterCare Team can login to the system and provide a network health check as needed.
4 Hour Response Time to acknowledge receipt of your need for service. ***These response times for email response are during normal business hours- please call the emergency number after hours for all other service needs.***
Billed as Needed: $0
Phone Support Monday through Friday 8AM-6PM
There are no remote support services, other than telephone support, offered in this plan. All service calls will require a visit to your home.
48 Hour Response Time to acknowledge receipt of your need for service
All other support times, both via phone and at your home, will be billed at our normal service rates of $225 for the first hour and $175 for each additional hour
Acceptance
These terms and conditions are entered into by and between you and Audio Command Systems, Inc. (“ACS,” “Company,” “we,” “our,” or “us”). The following terms and conditions (“Terms”) govern your access to and use of https://audiocommand.com/, including any content, functionality, and services offered on or through https://audiocommand.com/ (the “Website”).
Please read these Terms carefully before using the Website. These Terms apply to all visitors, users, and others who access or use the Website. By using the Website, you accept and agree to be bound and abide by these Terms and Conditions. If you disagree with any part of these Terms, you must not access or use the Website.
Purchases
If you wish to purchase any of our services available through the Website (“Services”), you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. All Service prices are stated in U.S. Dollars. By submitting such information, you grant us the right to provide the information to third parties for purposes or facilitating the completion of your purchase of the Services.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase of Services, (ii) the information you supply is true, correct, and complete; and (iii) you are at least 18 years old and able to enter into legally binding contracts. All purchases through the Website or other transactions for the Services formed through the Website, or resulting from visits made by you, are governed by these Terms.
Availability, Errors, and Inaccuracies
We reserve the right to withdraw or amend this Website and any Services therein in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users including accountholders.
We are constantly updating our offerings of Services on the Website. The Services available on our Website may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Services and in our advertising on the Website.
We cannot and do not guarantee the accuracy and completeness of any information, including prices, images, specifications, availability, and Services. We reserve the right to change or update information and to correct errors, or inaccuracies, or omissions on the Website at any time without prior notice.
Changes to Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you. If you do not agree to the new terms, please stop using the Website.
Reliance on Information Provided
The information presented on or through the Website is made available solely for informational purposes. We do not represent or warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim any and all liability and responsibility arising from any reliance place on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Intellectual Property
The Website and its entire contents, features, and functionality are and will remain the exclusive property of ACS, its licensors, or other providers of such material. The Website is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress cannot be used in connection with any product or service without our prior written consent.
Links to Other Websites
Our Website may contain links to third-party websites or services that are not owned or controlled by ACS. These links to other sites and resources provided by third parties are provided for your convenience only. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
ACS has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites and services. You acknowledge and agree that ACS will not be responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Termination
We may terminate or suspend access to our Website and Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.
All provisions of this Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We may terminate or suspend your account immediately, without prior notice of liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use and access the Website and the Services will immediately cease.
Indemnification
You agree to defend, indemnify, and hold harmless ACS and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Website and the Services, by you or any person using your account and password; or b) any breach of these Terms.
Limitation of Liability
IN NO EVENT WILL THE COMPANY OR ITS SUBSIDIARIES, AFFILIATES, OR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES PARTNERS, AGENTS, SUPPLIERS, OR ADVERTISERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, THE SERVICES, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, SPECIAL, LIQUIDATED, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE MAXIMUM LIABLITY AND DAMAGES OF ACS SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY YOU TO ACS DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR DAMAGES.
Warranty Disclaimer
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR SOLE RICK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
ACS AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT A) THE WEBSITE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; D) THE RESULTS OF USING THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR E) THAT THE WEBSITE AND ANY OF OUR SERVICES WILL PERFORM AS PROMISED.
Exclusions
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
Governing Law
These Terms shall be governed and construed in accordance with the laws of the state of New York, United States, without regard to its conflict of law provisions or rule.
Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding the Website and supersede and replace any prior agreements between you and us regarding the Website.
Information About You and Your Visits to the Website
All information we collect on the Website is subject to our Privacy Policy, https://audiocommand.com/privacy-policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Parental Controls
We cannot prohibit minors from visiting the Website and must rely on parents and guardians to decide what materials are appropriate for children to view and purchase. There are parental control protections (such as computer hardware, software, or filtering services) available that may assist you in limiting access to material that is harmful to minors. You can find information about parental controls at http://onguardonline.gov. We do not endorse any products or services listed at this website.
Contact Us
If you have any questions about these Terms, please contact us at 694 Main Street, Westbury, NY 11590, (PHONE) 516-997-5800, (PHONE) 800-382-2939.
