These are the Terms and Conditions between the customer ("you") and KJB Security Products Inc. (hereinafter known as “KJB”) doing business as SG Home, as defined below (“KJB”, "SG Home", "we" or "us"). "Service" refers to the Cloud Recording services/programs you purchase from KJB. Your "Agreement" includes (1) these Terms and Conditions, (2) the Service Agreement ("Service Agreement") on which you applied for Service, (3) the Terms and Conditions applicable to each Service.
You are eligible for Service only if you have a billing address within the SG Home service area. All accounts you have with us must be kept in good standing in order to be eligible for Service. If any account is not in good standing, all accounts are subject to suspension and/or termination.
This Agreement is effective on the day we activate your Service (“Service Date”) which sets your Service Term and Service Renewal Date. You will be billed on the Renewal Date of your service, and every Renewal Date after that until terminated in a manner as provided below. You may make changes to/or terminate your SG Home Service at any time via our website's user account page. You cannot make changes to your account by voice mail or email. Termination by you shall be effective on the next service Renewal Date, which is at the end of your Service Term unless you request a later termination date. Your Service's recurring Service Charges are charged based on your Service Term, there will be no proration of the Service Charges due to cancellation or suspension of your account. KJB may terminate or suspend your SG Home Service at any time without notice if you fail to perform any obligations of this Agreement including the restrictions and obligations set forth in the paragraphs regarding "Use of Service" and "Payment and Due Date."
Additionally, KJB may terminate this Agreement at any time without notice if we cease to provide Service in your Home Market. If the Agreement is terminated for any reason other than pursuant to (i) the "Changes to Relationship" paragraph below, (ii) any applicable SG Home guaranty period or (iii) ceasing to provide SG Home Service in your Home Market you may be charged a reactivation fee to restart service. The start date of your service is defined in your Service Agreement. Each applicable line of Service shall be subject to a separate service start date. Upon termination for any reason, you are responsible for the payment of all charges. If your Service is reinstated, you may be charged a reactivation fee.
You may appoint one or more persons to manage your account ("Authorized Contacts"). These Authorized Contacts will be able to access and make changes to your account, including but not limited to; view information about the account, add and/or terminate lines of Service, purchase equipment, extend and/or renew Service, make payments on the account, etc. You are responsible for any account changes and/or purchases made by any Authorized Contact.
The customer address or business address for business accounts (not the billing address if different) will be deemed to be the primary place of use of Service for all devices on this account for purposes of calculating certain taxes, surcharges and fees. You agree to inform us of any changes in your customer address or business address for business accounts which must always be within SG Home’s service markets. Service is furnished for your use only; you may not resell Service to third parties. You may not use the Service for any unlawful, improper, harassing or abusive purpose or in such a way that interferes with KJB’s network, business operations, employees or customers.
You are responsible for payment of all charges on your bill, including but not limited to telecommunications-related charges (such as monthly access, regulatory cost recovery charges (such as Universal Service Fund,); surcharges; and taxes. Regulatory cost recovery fees, surcharges, and taxes are subject to change without notice. Payments are late if payment cannot be processed by KJB by the due date shown on the Service's bill. We may charge a late fee of up to $5.00 for each late payment or 1.5 percent a month or part thereof (18% annually or the highest rate permitted by applicable state law) for any amount not paid when due, whichever is greater. KJB only accepts payment by Credit or Debit Card. We may charge a processing fee of up to $5.00 on any credit balance due upon termination of Service for any reason. You will be charged a collection fee if your account is referred to a third party agency for collection. The collection fee will be assessed up to the maximum amount permitted by applicable law.
You understand that Service may be interrupted or unavailable due to atmospheric or topographical conditions, governmental regulations or orders, or system capacity limitations. Representations of coverage by SG Home or its agents are not guarantees.
You are responsible for all authorized charges on your account. If you claim unauthorized charges on account of a lost device you must report your device as lost or stolen immediately so that we may investigate your claim. We will investigate any claims of unauthorized charges within 30 days. You agree to cooperate with our investigation and to submit any relevant documentation that you have such as a police report or a sworn statement. You will not be required to pay any disputed charges while we investigate. If we determine that the charges are unauthorized, we will credit your account.
KJB may require a deposit from you to guarantee payment of charges for SG Home Service and from time-to-time may increase the deposit based on your usage and payment history. Deposits will only be returned to you after a minimum of 12 consecutive months of satisfactory payment history. KJB may apply deposits or payments to any charges you owe us on any account. Interest will not be paid on deposits unless required by law.
Your Service's Term Fee will be billed in advance at the beginning of each Service Term based on your Service Start Date. YOU MAY SEEK A CREDIT OR REFUND FOR ERRORS IN BILLING FOR UP TO 180 DAYS (OR AS OTHERWISE PROVIDED BY CA LAW FOR CA CUSTOMERS) AFTER ISSUANCE TO YOU OF THE BILL ON WHICH THE ERROR IS CONTAINED BY CONTACTING SG HOME AS PROVIDED ON YOUR BILL. YOU WILL HAVE WAIVED YOUR RIGHT TO DISPUTE THE BILL AND TO BRING, OR PARTICIPATE IN, ANY LEGAL ACTION RAISING SUCH DISPUTE IF YOU FAIL TO DISPUTE THE CHARGE ON YOUR BILL WITHIN 180 DAYS (OR AS OTHERWISE PROVIDED BY CA LAW FOR CA CUSTOMERS) AFTER THE ISSUANCE OF THE BILL. WE MAY ALSO BACK BILL YOU FOR ANY ERROR THAT RESULTS IN AN UNDERBILLING TO YOU WITHIN 180 DAYS OF THE ISSUANCE OF THE BILL THAT SHOULD HAVE REFLECTED THE UNDERBILLED CHARGE.
We may amend the Agreement at any time by providing notice to you. If we make Material Changes to the Agreement that you do not agree with, you may cancel your Service. "Material Changes" shall be only those changes that result in an increase to the rates that we charge you for services under your Price Plan as specified in your Service Agreement. Changes to charges permitted to be collected by any governmental authority (such as for the Universal Service Fund) or which pass through the expense of taxes imposed on the Service or which relate to other Services for which you are under no term commitment as well as other non-monetary changes to the Terms and Conditions shall not constitute Material Changes to this Agreement. If you use the Service after the 30-day period, you agree to be bound by any Material Changes.
You authorize consumer reporting agencies to periodically furnish KJB with your consumer report. You authorize KJB to periodically disclose your SG Home account information and payment history to consumer reporting agencies.
KJB’S LIABILITY REGARDING YOUR USE OF THE SG HOME SERVICES OR EQUIPMENT, OR THE FAILURE OF OR INABILITY TO USE THE SERVICES OR EQUIPMENT, IS LIMITED TO THE CHARGES YOU INCUR FOR SERVICES OR EQUIPMENT DURING THE AFFECTED PERIOD. THIS MEANS KJB IS NOT LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR EXEMPLARY DAMAGES, OR ATTORNEYS' FEES.
EXCEPT TO THE EXTENT THAT KJB PROVIDES A WRITTEN LIMITED WARRANTY FOR SPECIFIC SG HOME EQUIPMENT, KJB MAKES NO WARRANTY REGARDING THE EQUIPMENT AND SOFTWARE AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TO THE EXTENT PERMITTED BY STATE LAW. KJB IS NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND ITS CONTROL, INCLUDING WITHOUT LIMITATION, ACTS OR OMISSIONS OF OTHERS, ATMOSPHERIC CONDITIONS, OR ACTS OF NATURE. KJB DOES NOT MANUFACTURE EQUIPMENT OR SOFTWARE, AND YOUR ONLY WARRANTIES AND REPRESENTATIONS WITH RESPECT TO EQUIPMENT OR SOFTWARE ARE THOSE PROVIDED BY THE MANUFACTURER UNLESS AND ONLY TO THE EXTENT THAT APPLICABLE STATE LAW IMPOSES WARRANTY OBLIGATIONS ON KJB.
KJB may assign this Agreement without notice to you. You may assign this Agreement only with KJB’s consent.
This Agreement is the entire agreement between you and KJB. This Agreement supersedes any inconsistent or additional promises made to you by any employee or agent of KJB.
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION AT THE REQUEST OF EITHER PARTY AND GOVERNED BY THE CONSUMER ARBITRATION RULES ("AAA Rules") AS MODIFIED BY THIS AGREEMENT AND AS ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). WE SHALL BE FULLY RESPONSIBLE FOR FILING, ADMINISTRATION AND ARBITRATOR FEES AND WE WILL ADVANCE, OR REIMBURSE YOU FOR, ANY REASONABLE FILING, ADMINISTRATION AND ARBITRATOR FEES FOR ANY ARBITRATION INITIATED IN ACCORDANCE WITH THIS PARAGRAPH. WE WILL REIMBURSE YOU FOR YOUR REASONABLE ATTORNEYS' FEES AND COSTS IF THE ARBITRATOR AWARDS YOU AN AMOUNT EQUAL TO OR GREATER THAN THE AMOUNT YOU HAVE DEMANDED IN SUCH ARBITRATION. THE AMERICAN ARBITRATION ASSOCIATION SHALL ADMINISTER THE ARBITRATION AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. BOTH PARTIES ACKNOWLEDGE THAT THIS AGREEMENT IS A TRANSACTION INVOLVING INTERSTATE COMMERCE, AND IS THEREFORE GOVERNED BY THE FEDERAL ARBITRATION ACT. BY AGREEING TO ARBITRATION, BOTH PARTIES ARE WAIVING THEIR RIGHT TO LITIGATE IN COURT INCLUDING ANY RIGHT TO A JURY TRIAL. UNLESS YOU AND WE OTHERWISE MUTUALLY AGREE, ALL HEARINGS UNDER SUCH ARBITRATION SHALL TAKE PLACE IN DAVIDSON COUNTY, STATE OF TENNESSEE. AT YOUR OPTION, YOU MAY BRING AN ACTION AGAINST US IN SMALL CLAIMS COURT, NOTWITHSTANDING THIS AGREEMENT. THE PARTIES AGREE THAT ALL CLAIMS, WHETHER IN ARBITRATION OR IN SMALL CLAIMS COURT, SHALL BE TREATED INDIVIDUALLY AND THERE SHALL BE NO CONSOLIDATION OF CLAIMS, CLASS ACTIONS, REPRESENTATIVE ACTIONS OR PRIVATE ATTORNEY GENERAL ACTIONS. SG HOME EXPRESSLY REJECTS AND DOES NOT CONSENT TO ANY CONSOLIDATION OF CLAIMS OR CLASS ACTION IN THE ARBITRATION. THIS ARBITRATION AGREEMENT SURVIVES THE TERMINATION OF THIS SERVICE AGREEMENT. FOR ADDITIONAL INFORMATION ON COMMENCING ARBITRATION AND HOW THE ARBITRATION PROCESS WORKS, YOU MAY CALL THE AMERICAN ARBITRATION ASSOCIATION AT 800-778-7879 OR VISIT THEIR WEBSITE AT WWW.ADR.ORG.
This Agreement shall, in all respects, be interpreted, construed and governed by the laws of the State of Tennessee. Each party agrees to commence any hearings, arbitration sessions or other hearings or meetings which may arise hereunder in the City of Nashville, Davidson County, and State of Tennessee.
KJB’s failure to enforce any right or remedy available under this Agreement is not a waiver. If any part of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in force.
We reserve the right to correct any errors or omissions in the Agreement.
Please read these Terms and Conditions carefully. Your agreement with SG Home includes our Terms and Conditions of Agreement, your Service Plan (“Plan”), Terms and Conditions of Service (T&C), and applicable supplemental terms and conditions, which are available at www.sghomecloud.com (collectively "Agreement"). The Terms and Conditions of Agreement, Terms and Conditions of Service and Service Plan are a legally binding agreement between you and SG Home (“SG Home” or “we”). They contain important information about your legal rights, and require that certain disputes be resolved through arbitration instead of a court trial. SG Home reserves the right to change or modify any of these T&C at any time and at its sole discretion. Any changes or modifications to these T&C will be binding upon you once posted on the SG Home website found at www.sghomecloud.com. SG Home, therefore, encourages all subscribers to review the T&C’s on our Website periodically. In our pre-purchase collateral and in the disclosures below, we seek to provide you with transparency into SG Home’s performance characteristics and terms and conditions of our services so that you can make informed choices about our Cloud Recording services. By purchasing or activating your SG Home Electronic Device or using any SG Home service (“Service”), customer (“You”) acknowledge and agree to the following terms and conditions:
Your agreement with SG Home includes these Terms and Conditions ("T&Cs"), Terms & Conditions of Agreement, your Service Plan, applicable supplemental terms and conditions, which are available at www.sghomecloud.com (collectively "Agreement"). Your Service Plan includes your Service Term rates, coverage and other terms ("Rate Plan"). To the extent any term in your Rate Plan expressly conflicts with these T&Cs, the term in your Rate Plan will govern. Your Agreement applies to each line of Service. Please read these T&Cs carefully. They cover important information about SG Home services provided to you ("Service"); your Cloud Recording device used with our Service ("Device"); and any setup, access and usage charges, taxes, fees and other charges we bill you or that were accepted or processed through your Device ("Charges"). These T&Cs include fees for Set-Up, Reactivation, late payments, limitations of liability, privacy and resolution of disputes by arbitration instead of in court. Your Agreement begins on the day we activate your Service(s) and continues for your Service Term as specified on your Service Agreement.
Our rate plans, devices, services and features are not for resale and are intended for reasonable use by a person using a device on SG Home’s Network Area (aka “On Network”).
During the term of this Contract, SG Home will provide you with Cloud Recording subject to the limitations described below and subject to the requirements of any applicable laws and regulations. You agree to pay for our services at the rates in your Rate Plan or as posted on our Website and according to this Contract. SG Home may, in our discretion, amend or add to any rates, charges, or terms, subject to the provisions in the next section.
Your Contract will be for an initial term as required by your Rate Plan or relevant promotion. This is commonly referred to as a Service term. SG Home may terminate if you breach this Contract, including but not limited to, failure to pay your Service Term fees when due, use of the service for fraudulent or unlawful purposes, or in violation of SG Home’s Fair Use Policy. You may terminate this Contract: if we change this Contract, our rates, or our Policies in a way that has a material adverse effect on you, but only if you: call or write us within 30 days after the effective date of the change and specifically inform us that you wish to cancel the Contract because of a material adverse change that we have made. Unless you terminate your Agreement following this procedure you will still owe all charges you incurred.
Your Rate Plan explains your particular plan for your Cloud Recording service. Because it is part of your Contract, it is important you understand it. If you have any questions about your Rate Plan, (1) ask a sales associate where you purchased the device; (2) review our Website; or (3) call Customer Care at 800-590-4272.
In order to provide reliable services at reasonable costs to our customers, we have certain restrictions in place to ensure the activities of some users do not disrupt or impair other customers’ services or our network. You may not use our services in a manner that harms, or unduly interferes with SG Home’s network or system; or in a manner that is unlawful, or infringes on intellectual property rights. SG Home reserves the right, without notice or limitation, to terminate, end, modify, disconnect, or suspend service if an individual engages in any of the prohibited use set forth in this Agreement or SG Home’s Fair Use Policy, found at www.sghomecloud.com if SG Home, in its sole discretion, determines action is necessary to protect its network from harm or degradation
BECAUSE OF FACTORS OUT OF ITS CONTROL, INCLUDING BUT NOT LIMITED TO, INTERNET CONGESTION, NETWORK CAPACITY, AND RELIANCE ON THIRD-PARTY PROVIDERS, SG Home DOES NOT GUARANTEE ACCESS OR DATA SPEEDS.
Billing Cycle The Service Plan access charges set forth in your Rate Plan are billed every Service Term on your Service Start Date, this establishes your Service Term. Example: if you selected a month-to-month plan that started your service on the 15th of the month, you will be charged on the 15th of every subsequent month, if you selected a Three month plan that started your service on the 15th of the month, you will be charged on the 15th of every subsequent third month, the recurring charge will depend on there Service Plan Term. SG Home does not prorate the Service Term.
You are responsible for all equipment you use in connection with your Cloud Recording service and must ensure that it is compatible with our network and complies with all FCC regulations. If we sell or provide you equipment, we will honor such equipment through the manufacturer’s warranty subject to SG Home’s internal warranty program as amended from time to time.
9.1 GENERAL CUSTOMER RESPONSIBILITIES You are responsible for any and all use and misuse of your Cloud Recording Device, whether authorized by you or not. If you dispute any such charges, it is your responsibility to resolve disputes directly with the third party. You agree to comply with all applicable laws, rules, regulations, and tariffs and not to use your Cloud Recording service or equipment in a way that harms our network or any person or entity.
9.2 INDEMNITY You agree to indemnify and hold harmless SG Home, KJB Security Product, Inc., their stockholders, employees, directors, officers, suppliers, vendors, contractors and assigns from all claims, demands, liabilities, or costs of any kind caused by your breach of this Contract or arising from or related to use of Cloud Recording services or any Cloud Recording equipment by you or any other person or entity with or without your consent; except for any claims arising wholly and solely from the negligence of SG Home.
You acknowledge that the Services, including remote access and mobile notifications, are not error-free or 100% reliable and 100% available. Proper functioning of the Services is dependent on and relies on transmission of data through the wi-fi network where your cloud recording device resides for which SG Home nor any wireless or data carrier is responsible, and it may possibly be interrupted, delayed, refused, or limited in other ways for a variety of reasons which may include insufficient coverage, power outages, termination of service and access, environmental conditions, interference, non-payment of fees and charges, unavailability of radio frequency channels, system capacity, system upgrades, repairs or relocations, and priority access by emergency responders in the event of a disaster or emergency (collectively known as, “Service Interruptions”). You understand that any of these Service Interruptions may result in the Service being either unreliable or unavailable for the duration of the Service Interruption. SG Home cannot and does not guarantee you will receive any notifications within any given time. YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. MOBILE NOTIFICATIONS REGARDING ALARMS ON YOUR SG HOME PRODUCTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY – THEY ARE NOT A SUBSTITUTE FOR A THIRD-PARTY MONITORED EMERGENCY-NOTIFICATION SYSTEM. It is impossible for SG Home to provide specific information relating to a situation where your cloud recording device is located. You acknowledge that it is your responsibility to educate yourself on how to respond to an emergency and to respond according to the specifics of your situation.
The Service may be suspended temporarily and without notice for security reasons, systems failure, maintenance and repairs, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. SG Home does not offer any specific uptime guarantee for the Service.
12.1 The Service will not be accessible without: (a) a functioning Wi-Fi network at your location that is positioned effectively to communicate reliably with the Cloud Recoding Devices; (b) an CloudAccount and provide all billing requirements requested; (c) a supported wireless device, such as a phone or tablet with the required SG Home Application; (d) an always-on broadband Internet connection to your location with enough bandwidth to support the Devices you use; and (e) any other system requirement that may be specified by SG Home at a later date.
12.2 It is your responsibility to ensure you have all the required system elements and that they are compatible with SG Home's Cloud Recording device and that they are properly configured. You acknowledge that the Service may not work as described when the requirements and compatibility are not fully met. If you modify, move, substitute, or change any of the required system elements, it is your sole duty and responsibility that they are compatible and properly configured to work with the Cloud Recording Device and Service.
It is your responsibility to install and use the Cloud Recording device pursuant to the applicable manual and instructions provided by SG Home. IF A CLOUD RECORDING DEVICE IS NOT INSTALLED CORRECTLY OR IF IT IS BEYOND THE DETECTION RANGE OF THE WI-FI NETWORK OR HINDERED OR OBSTRUCTED BY WALLS, FURNITURE, PERSONAL PROPERTY OR OTHER THINGS, YOU MAY NOT RECEIVE ACTIVATION ALARMS. It is your responsibility to test the Products once installed to be sure the Cloud Recording device is recording and communicating as intended. We suggest to regularly test the device wi-fi connectivity regularly after installation.
SG Home will not be liable for any damages arising from or relating to the service, equipment, or this Contract in excess of the prorated charge for service during the period damages occurred, or the lowest limit in any applicable tariff, regardless of the cause of damage. Also, you agree to waive any claims against SG Home arising from or relating to the service, equipment, or this Contract for indirect, consequential, special, incidental, reliance, or punitive damages of any kind or nature including, without limitation, any lost profits, lost revenues, lost savings, cost of cover, or any other business loss including loss of goodwill, use of property, or data or messages, regardless of the cause, including damages that may have been caused by the negligent act or omission or willful misconduct by SG Home.
Almost all customer concerns or disputes are to be resolved through our Customer Care Service or Technical Support Departments. However, if either of us has an issue which cannot be resolved without third party intervention, both of us agree to submit to binding arbitration before the American Arbitration Association using the Consumer Arbitration rules ("AAA Rules"). This means that all disputes arising from or relating in any way to your SG Home service or equipment, whether under this Contract or not, will be resolved through arbitration, not in court or through judge or jury. Moreover, to the fullest extent allowed by law both of us agree to waive any rights to pursue a claim arising from or relating to this Contract or the service as a class action; that is, you or we will not join a claim with the claim of any other person or entity or pursue a claim on behalf of any other person or entity. The waivers in this section continue in force and effect after the termination of this Contract.
Charges that we bill are charged to the credit card (“payment”) you placed in the SG Home system on the Renewal date stated on our bill. If your payment does not process or is declined for any reason you will have one (1) calendar day to resolve the problem and complete the payment. Failure to complete payment can lead to service interruption and/or suspension. If your service is suspended for non-payment, we reserve the right to charge a reasonable Restoral Fee upon payment of the past due balance. If we incur costs to collect late balances you agree to pay all our costs, fees, and expenses, including but not limited to court costs, attorney fees, collection agency fees or commissions. We may, in our discretion, require that you make a deposit with us to ensure your payment of our bills.
This Contract contains the entire agreement between us and supersedes any prior contrary discussions and agreements. The Contract may only be amended as stated above or in a writing that we both sign. If we ignore or waive a breach of the Contract by you, it will not bar us from enforcing any term in the Contract in the future. Other details about our current practices and policies are available on our Website and may include, among other things: data limitations, technical requirements, phone numbers, acceptable use, credit approval, deposits, location-based services, international roaming and calling rates and terms, equipment returns, shipping, plan changes, privacy, pre-paid service, trial/grace period, and frequently asked questions. SG Home reserves the right to change Policies at any time, with or without notice. If a Policy conflicts with this Contract, the Contract will govern. If any provision in this Contract or a Policy is ruled unenforceable or invalid, you agree that it does not affect the validity or enforceability of the remaining Contract terms or other Policies.
SG Home allows its customers to choose from several rate plans. Information on these plans is available on our website at www.sghomecloud.com. The typical base plan sets monthly, three monthly, six monthly, or annual fees.
SG Home uses tools and policies to protect its systems and SG Home will not be held responsible for customers’ devices or equipment (including but not limited to: PC’s, laptop computers, tablets, mobile/cellular phones, servers and networks) being infected by viruses, malware, spyware etc.
Consumers may access our Pricing and Privacy policies via our website at www.sghomecloud.com. Consumers may contact our Customer Service Department through the company’s website, by visiting or by calling:
TOLL FREE: 1-800-590-4272; LOCAL: 615-620-1370
We are available to assist you: Mon-Fri: 8:30am-5:00pm Central Standard Timetop