Verizon Field Management Tablet Plus Terms of Service

Verizon Field Management Tablet Plus is bundled tablet solution (the “Service”) for the trades services sectors. The Service includes a mobile tablet with a preloaded UI/UX platform, accessory(ies), wireless connectivity, a mobile device management platform, and a license to a preloaded productivity application for field workers.  Through the Service, field workers can remotely manage projects, handle job scheduling and dispatch, manage work orders, and complete quoting, invoicing, and billing, among other tasks. 

“Verizon Wireless” refers to Cellco Partnership d/b/a Verizon Wireless, a Delaware general partnership with an address at One Verizon Way, Basking Ridge, New Jersey 07920, United States, on behalf of itself and for the benefit of its affiliates.

“Customer” refers to the company or organization that places an order for the Service.

These Terms and Conditions (“Terms”) include (i) General Terms and Conditions (“General Terms”) and (ii) Component Terms and Conditions (“Component Terms”), including third-party terms and conditions applicable to certain of the Components (defined below).  By placing an order for a Service, Customer hereby agrees to be bound by these Terms.

A. General Terms and Conditions.

1. Scope. Verizon Wireless will provide the Service in accordance with these Terms.
2. Verizon Wireless Agreement. This Service is subject to all of the terms in Customer’s agreement for wireless service with Verizon Wireless (“Agreement”), such as a Verizon Wireless Major Account Agreement and related policies available at https://www.verizonwireless.com/, our Acceptable Use Policy available at https://www.verizon.com/about/terms-conditions/acceptable-use-policy, and our Privacy Policy available at https://www.verizon.com/about/privacy/, all of which are incorporated herein by reference. To purchase or use the Service, Customer must have an active Verizon Wireless account.
3. Components.  Customer acknowledges and understands that the Service that consists of the following Verizon Wireless and third-party components: (a) the Verizon Wireless service plan for wireless services provided to tablets provided as part of the Service (“Verizon Wireless Price Plan”), (b) Verizon Mobile Device Management (“Verizon MDM”), (c) a Samsung Galaxy A7 Lite mobile tablet preloaded with a UI/UX platform (“Platform”) and kitted with a rugged case (“Equipment”), and (d) the Jobber application (each, a “Component”).  Customer further acknowledges and understands that each Component is subject to its own Component Terms as set forth below, and that such Component Terms may change from time to time. By using the Service following a change to the Component Terms, Customer agrees to such changes.
4. Cancellation; Early Termination Fee.  If Customer cancels any Component(s) of the Service prior to the expiration of the Service Term (or Extended Service Term), the Service and all remaining Components will cancel.  If Customer cancels the Service or any Component(s) of the Service prior to the expiration of the Service Term, Verizon Wireless will charge Customer an Early Termination Fee (“ETF”).  The amount of the ETF may be up to $650, minus an equal prorated amount for each full month of the Service Term completed.  Verizon Wireless also may charge Customer an ETF if the Service is terminated for cause as a result of Customer’s uncured breach.
5. Billing.  All Components will be billed by Verizon Wireless in accordance with the billing terms set forth in the Agreement; provided, however, that no discounts provided pursuant to any such Agreement shall apply to any Component.
6. Customer Support.  Verizon Wireless will provide Customer with standard online and telephone support for the Service, which will be available from 8:30 AM to 6 PM ET. Standard support will include tier 1 support for third party Components with handoff to the applicable third-party vendor for higher levels of support.
7. Restrictions on Use. Customer will use the Service solely for its internal use subject to any restrictions or exceptions as set forth in this Agreement. Customer will not: (i) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any information contained in the Service or a Component; (ii) use the Service or a Component in order to build or support, or assist a third party in building or supporting, products or services competitive to Verizon Wireless; or (iii) license, sell, rent, transfer, assign, or otherwise commercially exploit the Service or a Component, or any content in the Service or a Component, other than as expressly permitted in this Agreement.
8. Security Measures. Customer will implement and maintain security measures with respect to the Service that effectively restrict access to the Service to authorized personnel with a need to know, and that protects the Service from unauthorized use or access. Customer will ensure that the Service is not accessed, used, or made available to third parties or to Customer’s employees who are not authorized to access the Service.
9. License. Subject to the terms set forth in the Agreement, Verizon Wireless grants Customer a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, royalty free license to use of the Service solely for its internal business operations. The license(s) granted herein are effective throughout the Service Term.
10. Intellectual Property Rights.  Verizon Wireless and/or its third-party vendors own all intellectual property rights in the Service and the Components and their respective devices, components, platform, software, tools, portal, documentation, and other materials relating thereto, including modifications, updates, revisions or enhancements.  All rights not explicitly given are reserved by Verizon Wireless and/or its suppliers and licensors
11. Limited Warranty. During the Service Term, the Service will conform in material respects to any written specifications, such as user manuals, provided to Customer by Verizon Wireless. Customer’s sole remedy for a breach of the foregoing warranty is for Verizon Wireless to re-perform the Service. With respect to tablets and accessories, Verizon Wireless will transfer or pass through to Customer the benefit of any and all manufacturer warranties on the same terms as offered by the manufacturers which are capable of being transferred or passed through.
    • THE WARRANTIES IN THESE GENERAL TERMS AND CONDITIONS ARE IN LIEU OF ALL OTHER WARRANTIES FROM VERIZON WIRELESS TO THE EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, VERIZON WIRELESS MAKES NO OTHER WARRANTY OR REPRESENTATION ABOUT THE SERVICE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, QUALITY, DESIGN, CONDITION, CAPACITY, SUITABILITY OR PERFORMANCE, THE MATERIAL AND WORKMANSHIP THEREOF OR AS TO INTELLECTUAL PROPERTY RIGHTS, IT BEING AGREED THAT ALL SUCH RISKS AS BETWEEN VERIZON WIRELESS AND CUSTOMER ARE TO BE BORNE BY CUSTOMER ALONE AND AT CUSTOMER’S EXPENSE. VERIZON WIRELESS DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE.
12. LIMITATION OF DAMAGES. IN NO EVENT SHALL VERIZON WIRELESS BE LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS FOR ANY CLAIM OR DEMAND OF ANY NATURE OR KIND, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE PERFORMANCE OR BREACH HEREOF
13. Term and Termination.  The term of the Service for each tablet will run for 36 months (“Service Term”) starting on the date the Service is activated for such tablet and then continue on a month-to-month basis ("Extended Service Term") until Customer or Verizon Wireless gives 30 days' prior Legal Notice to terminate it; provided, however, charges related to the Equipment will cease after the Service Term.

B. Component Terms

1. Verizon Wireless Price Plan.  In addition to the General Terms and Conditions above, the following terms and conditions for the Verizon Wireless Price Plan apply.
   • Managed Tablet Business Unlimited Start Plan.  The Wireless Service plan provides unlimited 4G LTE and 5G Nationwide data.  In times of congestion, Customer’s data may be temporarily slower than other traffic. The plan may be used only with the Equipment purchased as part of the Service.  Mobile hotspot/tethering is unavailable.  Domestic data roaming will be at 2G speeds, with international data reduced to 2G speeds after 500 MB/day.  Video streaming is at 480p.  If more than 50% of Customer’s talk, text, or data usage in a 60-day period is in Canada or Mexico, use of those services in those countries may be removed or limited.
2. Verizon Mobile Device Management.  In addition to the General Terms and Conditions above, the following terms and conditions for Verizon MDM apply.
   • Terms and Conditions.  Verizon MDM is subject to the terms and conditions set forth in the Verizon MDM Terms and conditions. In the event of any conflict between the Verizon MDM Terms and Conditions and these Terms, these Terms will govern.
   • Privacy; Notice and Consent.  "Mobile Device" means any mobile device, including smartphones, tablets, smartwatches and other wearables, laptops and netbook computers that Customer provides to its End Users and are enrolled in Verizon MDM.  "End User" means any person (e.g., employee, contractor) with a Mobile Device whose Location Information can be viewed by Customer using Verizon MDM.  "Location Information" means data that can be used to describe, determine or identify the location of the Mobile Device.  Location Information may be presented in many forms such as latitude/longitude data, cell site/sector data, WiFi SSID, device signal strength or other format regardless of accuracy, type or source.  Customer will be able to access information about all Mobile Devices associated with Customer’s Verizon Wireless account.
     • Consent and Revocation.  Customer will be solely responsible for obtaining affirmative, opt-in consent from End Users as appropriate to access, use, copy, store, collect and disclose Location Information, and for retaining evidence of consent for the period required by law (typically, 5 years after cessation of use).  Customer will not access, use, copy, store or disclose any Location Information until the consent outlined below has been obtained.  Customer will ensure that each End User is provided with clear, conspicuous and comprehensive notice about how Location Information will be accessed, used, copied, stored, collected and disclosed by Customer and/or third parties acting on Customer’s behalf (representatives, agents, etc.) in Customer’s privacy policy and ensure that such notice is presented to End Users for acceptance prior to Customer’s use of Verizon MDM and readily available and easily accessible by End Users.  Customer will ensure that each End User may deny, revoke or withdraw consent, through readily available means at any time. If consent is denied, revoked or withdrawn by an End User, Customer may no longer use Verizon MDM to access or collect the End User's Location Information.
     • Use and Storage of Location Information.  Customer may only use Location Information for the purpose of using Verizon MDM and only as provided in the notice to the End User for as long as Customer has their consent.  Verizon Wireless does not provide Customer with access to any stored Location Information.  Customer must implement appropriate security measures and safeguards that protect End User privacy and safety.

C. Equipment.  In addition to the General Terms above, the following terms and conditions apply to the Equipment.

1. Third Party Vendor.  The Equipment is warehoused, kitted and distributed by a third-party vendor (“Equipment Vendor”). Customer understands and agrees that the Equipment Vendor shall manage its personnel and be free to exercise independent judgment as to the manner and method of provision of all Equipment ordered by Customer as part of the Service. Verizon Wireless and Equipment Vendor are independent contractors and nothing herein shall be deemed to make one party the agent of the other.
2. Title to Equipment.  Equipment Vendor retains a security interest in any Equipment until payment in full has been made by Customer to Verizon Wireless over the Service Term, and Customer hereby authorizes Equipment Vendor to execute and file any and all documents necessary to protect its rights hereunder, including but not limited to a UCC Financial Statement in the form as deemed necessary or appropriate by Equipment Vendor. Title will automatically transfer to Customer after full payment to Equipment has been made. Customer shall not give anyone else a security interest in the Equipment or allow a lien to be placed on it until Customer has paid Verizon Wireless in full. 
3. Jobber.  In addition to the General Terms, the following terms and conditions apply to the Jobber application.
   • Terms of Service.  The Jobber application is developed and operated by Octopusapp Inc. d/b/a Jobber (“Jobber Developer”) subject to Terms of Service set forth at https://getjobber.com/terms-of-service/, which may be updated or modified from time to time by Jobber in its sole discretion. Customer’s users may be required to accept the Terms of Service within the application as a condition of access and/or use. Customer understands and agrees that acceptance of the Jobber Terms of Service form a legally binding and enforceable agreement between Customer and the Jobber Developer, and further that Verizon Wireless is not a party to such agreement.
   • Privacy Policy. The Jobber application is subject to the privacy policy located at https://getjobber.com/privacy-policy/, which describes how the Jobber Developer may access, store, use and transfer personal information.
   • Customer Support.  Verizon Wireless will provider tier 1 support for the Jobber application and will hand off all higher-level support requests to the Jobber Developer, who will be solely responsible for all such support.