Timelaps MLD - Rental Service Terms
Rental of equipment from or provision of services by TID SYSTEMS LLC
Last updated June 1, 2025
This agreement includes an indemnification clause, a class action waiver, and limitations of TID SYSTEMS’ liability. By accepting the Project Proposal, delivery of the Equipment or Services (defined below) or making payment(s) to TID SYSTEMS, the Customer agrees to be bound by the Rental and Service Terms and the Terms and Conditions Regarding Electronic Communications that are made available by TID SYSTEMS.
1. DEFINITIONS
“Agreement” means the Reservation Details (as defined below), together with the Project Proposal and any associated Rental and Service Agreement (as defined below), including these Rental and Service Terms which are incorporated by reference therein.
“TID SYSTEMS” means TID SYSTEMS LLC
“Equipment” -means any one or more of the MY LOT DEFENDER TIME LAPS mobile of fixed system items identified as rentals items in the Project Proposal and any accessories, attachments or other similar items delivered to Customer and outlined in the Project Proposal.
“OWNERSHIP”: The Equipment is and shall remain the exclusive property of TID SYSTEMS
“Customer” means the person or entity identified in the Project Proposal or any representative, agent, officer or employee of Customer.
Office Address: means TID SYSTEMS address where the company operates its daily operations
Rental and Service Agreement” means the agreement made between Customer and TID SYSTEMS for TID SYSTEMS to rent Equipment and/or provided Services, whether that Agreement is made in person at the Office Location, online, or at the time of Equipment delivery, and which incorporates by reference these Rental and Service Terms and which identifies the Equipment to be rented by Customer. The Agreement incorporates these Rental and Service Terms by reference.
“Rental Period” means the period of time between the “Rental Out” and “Pick up” set forth on the Project Proposal, except that the Rental Period may terminate earlier as provided in Section -of “Default”.
“Reservation Details” -means the Equipment, MY LOT DEFENDOR TIME LAPS, Rental Period, delivery information, payment information, price, and other information set forth in the Project Proposal, Delivery Summary or the Rental Lease Agreement, as the case may be.
“Service or Services” means delivery, pick up and repair of the MY LOT DEFENDER TIME LAPS” and other services provided by TID SYSTEMS in connection with the rental of MY LOT DEFENDER product line”
RISK OF LOSS: The risk of loss of Rental or Equipment will pass to the CUSTOMER upon delivery, installation, and configuration of it.
2. TID SYSTEMS is a VENDOR not a SUBCONTRACTOR
3. AUTHORITY TO SIGN
Any individual signing the Lease Agreement, Project Proposal, Delivery Order and represents and warrants that he or she has the authority to lease the Equipment and is of legal age.
4. INDEMNIFICATION
TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER SHALL INDEMNIFY AND HOLD HARMLESS TID SYSTEMS ITS OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES AND AGENTS FROM AGAINTS ANY AMD ALL COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES FOR ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT ARBITRATION AND OTHER DISPUTE RESOLUTION COST CAUSED BY THE WILLFUL MISCONDUCT OR NEGLIGENT ACTS OR OMMISSIONS OF TID SYSTEMS OR TID SYSTEMS OFFICERS, DIRECTORS, PARTNERS , AND EMPLOYEES WITH RESPECT TO THIS AGREEMENT AND THE SERVICES PROVIDED HEREUNDER.
5. CONDITION OF EQUIPMENT
Customer acknowledges that Customer has inspected the Equipment upon delivery, and by signing off on delivery acknowledges that the Equipment is in good and acceptable condition and suitable for Customer’s needs.
6. SUPPORT AND MAINTENANCE SERVICES
TID SYSTEMS shall provide the following maintenance and support services to the Customer:
Transportation and Handling
- Transport units to and from the site address.
- Assume responsibility for any damage incurred during transportation.
Installation and Setup
- Install and set up units according to the provided site layout.
- Coordinate with the Lessee to ensure proper placement.
- Ensure full equipment functionality after installation/setup.
- Review the equipment operation with the Lessee before project handover.
Training and System Access
- Provide a comprehensive system overview training.
- Instruct and assist with the setup for the web browser
- Register authorized project users for remote footage access.
- Register up to two (2) users to access the data
Technical Support
- Assist with technical issues or difficulties.
Preventive Maintenance
- Perform preventive maintenance during the lease term, as deemed necessary by the Lessor.
- Maintenance includes:
- Cleaning all lenses.
- Conducting a full hardware system check.
- Inspecting and replacing seals to prevent water damage.
Repairs and Replacements
- Repair or replace, free of charge, any defective parts resulting from hardware failure.
- This excludes damage caused by human negligence of Lessee’s personnel or subcontractors.
Equipment Activation
- Service activation is within 24 to 48 hours from Delivery
7. INSURANCE REQUIREMENTS & LIABILITY DISCLAIMER
TID SYSTEMS LLC is not obligated to fulfill the Customer's minimum insurance requirements for the Equipment.
7.1 Disclosure of Insurance Specifications.
The Lessee shall be solely responsible for notifying the Lessor, in writing, of any and all specific insurance-related requirements or specifications that the Equipment must satisfy, including but not limited to, particular safety standards, hardware specs, or other technical or functional features mandated by the Lessee’s insurer. Such disclosure must be made prior to the signing of any Project Proposals.
7.2 No Duty to Conform Absent Disclosure.
In the absence of timely and explicit written disclosure by the Lessee pursuant to Section 4.1, the Lessor shall have no obligation, express or implied, to ensure that the Equipment complies with any insurance-related criteria established by the Lessee’s insurance provider. The Lessee expressly acknowledges and agrees that the Lessor makes no warranty or representation regarding the Equipment’s conformity with any undisclosed insurance requirements.
7.3 Assumption of Risk.
The Lessee assumes full and sole responsibility for any consequences arising from the use of Equipment that does not meet the Lessee’s insurance requirements due to Lessee’s failure to provide adequate and timely notice to the Lessor. Such consequences include, but are not limited to, denial of insurance coverage, loss of claims, or breach of insurance agreements.
7.4 Indemnification.
The Lessee shall indemnify, defend, and hold harmless the Lessor and its officers, directors, employees, agents, and affiliates from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or in connection with the Lessee’s failure to disclose insurance-related specifications, or from any insurance claim or coverage issue resulting from such nondisclosure.
8.PROVISION OF COMPLIANT EQUIPMENT AND DEFAULT TERMS UNDER SECTION 7 & SECTION 8
In the event the Lessee discloses specific insurance-related or technical specifications after delivery of the Equipment, which were not previously communicated or made known to the Lessor prior to execution of this Agreement or dispatch of the Equipment, the Lessor may, at its sole discretion and subject to availability, offer to substitute the Equipment with alternate units that satisfy the newly disclosed requirements. Such substitutions shall be subject to a revised rental rate and/or an adjusted delivery and installation timeline, as proposed by Lessor.
If the Lessee accepts the revised proposal and schedule in writing, the Lessor shall provide and deliver the compliant Equipment in accordance with a mutually agreed timeline. However, should the Lessee reject the revised proposal, or should the Lessor be unable to meet the disclosed specifications, the Lessee shall be deemed in default under the current Agreement.
In such event, the following liquidated damages shall apply:
- For Agreements with a term of less than six (6) months, the Lessee shall pay to the Lessor an amount equivalent to sixty (60) days of the total contract value.
- For Agreements with a term of six (6) months or more, the Lessee shall pay to the Lessor an amount equivalent to ninety (90) days of the total contract value.
The foregoing amounts shall constitute liquidated damages and not a penalty, and are intended to reasonably compensate Lessor for losses incurred due to Lessee’s inability to disclose and relate insurance compliance requirements prior to signing the Project Proposal and accepting delivery of the Equipment.
All outstanding payments due under this clause shall be remitted in full no later than the final day of the Agreement’s term or the effective termination date, whichever occurs first.
9. LIMITATION OF LIABILITY
In no event shall TID SYSTEMS be liable or responsible to CUSTOMER or any other party for (A) any loss, damage or injury caused by, resulting from or in any way connected with the EQUIPMENT, its operations or its use, or SERVICES (B) TID SYSTEMS failure to deliver the EQUIPMENT as required hereunder or TID SYSTEMS’ failure to repair or replace non-working Equipment. (C) any incidental, consequential, punitive or special damages, including damages resulting from the delay to any ongoing projects, in connection with this Agreement or its subject matter under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, product liability, and/or software liability even if so advised of the possibility of such damages, if such damages were otherwise foreseeable, and notwithstanding the failure of any agreed or other remedy of its essential purpose; (D) any civil penalties regarding compliance with any Federal, State or Local law or regulation related to use of the Equipment and any attorney fees and costs for any private enforcer pursuing such civil penalties; or (E) any liquidated damages (F) The equipment rented and serviced by TID SYSTEMS does NOT cause and cannot eliminate occurrences of the events they are intended to detect or avert, including, but not limited to BURGLARIES, FIRE, FLOODS, ROBBERIES
10. LIQUIDATED DAMAGES
The parties acknowledge and agree that, in the event of a failure by TID SYSTEMS LLC to perform the services described herein, the actual damages sustained by the client would be difficult, if not impossible, to ascertain with precision. Therefore, if any liability arises on the part of TID SYSTEMS LLC, notwithstanding any other provisions of this Agreement, such liability shall be limited to an amount equal to one (1) month of the contractual service fee, which the parties agree constitutes liquidated damages and not a penalty. This amount shall be the sole and exclusive remedy for any and all claims arising out of or related to the services provided under this Agreement.
11. CUSTOMER RESPONSABILITIES
(A) Provide TID SYSTEMS with the information and the documentation TID SYSTEMS requests to process the invoices (B) Commercial general liability insurance (“CGL”) with limits of insurance not less than $1 million per occurrence and $2 million in the aggregate (C) Keep and maintain the Equipment clean and in good working order. (D) Property insurance for the full replacement cost of the Equipment, including coverages for all risks of loss or damage of the Equipment if it’s damaged by Customer’s team or any third party working on the project site or within Customer’s network of companies involved in the project. Any deductibles or self- insured retentions hall be the sole responsibility of the Customer. Customers shall provide TID SYSTEMS with documented proof of all required insurance coverage. (E ) Customer shall be responsible for all damage not caused from ordinary wear and tear. “Ordinary wear and tear” shall mean only the normal deterioration of the equipment caused by ordinary, reasonable and proper use of the equipment. Damage which is not “ordinary wear and tear” includes, but is not limited to: damage due to overturning, breakage; improper use; abuse; disruption to power supply through damage or neglect; unauthorized movement of equipment – outside of the project boundaries; (F) Customer shall notify TID SYSTEMS within twenty -four- hours (24) hours if it is a critical failure of the equipment.
12. COMPLIANCE WITH LAWS/USE OF EQUIPMENT
Customer agrees not to use or allow anyone to use the equipment for any illegal purpose or in any illegal manner or in an unsafe manner. Customer agrees at his sole cost and expense to comply with all municipal, county, state and federal laws, ordinances and regulations which may apply to the use of the equipment during the rental period.
13. MAINTENANCE, DAMAGE AND LOSS
(A) TID SYSTEMS shall repair and provide maintenance of the equipment during the Lease Term. In the event of damage to or loss of or destruction of the Hardware, Lessee shall reasonably notify the Lessor withing 24 hours of the event.
14. MALFUNCTIONING EQUIPMENT
Should the Equipment be involved in an accident, become unsafe, malfunction or require repair, Customer shall immediately cease using the Equipment and notify TID SYSTEMS within twenty- four- hours ( 24) hours. If such condition is the result of normal operation, TID SYSTEMS will repair or replace the Equipment with reasonably similar Equipment in working order, if such replacement Equipment is available. TID SYSTEMS has no obligation to repair or replace Equipment rendered inoperable by misuse, abuse or neglect. Customer’s sole remedy for any failure or defect in Equipment shall be the termination of any rental charges accruing after the time of failure. Customer must call TID SYSTEMS at 775-360-5856 to schedule pick up from the time of defect in order to terminate rental charges.
15.CONFIDENTIALITY/SECURITY/INTERRUPTION
(A) The parties acknowledge and agree that all Equipment, Services, Rental provided by one party to the other party under this Agreement are considered “TRADE SECRET, PROPRIETARY, AND CONFIDENTILA INFORMATION of the disclosing party. The receiving party, therefore, agrees that the receiving party shall exercise due care to prevent disclosure of the disclosing party ‘s Confidential information to any unauthorized persons or entities. (B) The data transmitted through the Internet can never be guaranteed and the Customer therefore agrees (i) that TID SYSTEMS and its representatives are not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data, and (ii) to be responsible for maintaining the security of any password, user ID, or other form of involved in obtaining access to password protected or secure areas of the Equipment, Service or Rental (C) Customer acknowledges that the services may be unavailable or interrupted from time to time for a variety of reasons, such as environmental or topographic conditions and other things, may of which be beyond TID SYSTEMS control. Services might also not be available in certain places. TID SYTEMS is not responsible for any damages and/or interruptions of the Services.
16. RENTAL PERIDOD/ CALCULATION OF CHARGES
Rental charges commence when the Equipment is delivered and configured by TID SYSTEMS onsite and end when the Equipment is picked up by TID SYSTEMS. Pick-up and delivery by TID SYSTEMS is subject to a “Delivery and Pick-up Service Charge,” the amount(s) of $6/per mile over 50 miles from TID SYSTEMS main address at 780 Smithridge Dr Ste 250, Reno, NV 89502. Rental charges do not include the cost of any applicable Taxes all applicable state, county, and city taxes; the Delivery and Pickup Service Charge, if any and disclosed on the Project Proposal. Additionally, TID SYSTEMS shall invoice Customer for any additional excess cleaning or repair costs, including (A) removal of any alterations made by Customer to the Equipment; (B) restoration of the Equipment to its original configuration; (c) or any damage that is not of the regular wear and tear use.
17.LEASE TERM AND UNIT PICKUP
The commencement date of the lease ("Lease Start Date") shall be the date on which the leased unit(s) are delivered to and fully configured at the designated site. The lease shall continue in effect until terminated in accordance with the terms of this Agreement and shall conclude on the date the unit(s) are retrieved from the site ("Lease End Date"). Retrieval of the unit(s) shall occur on the scheduled date during TID SYSTEMS standard operating hours, which are between 7:00 a.m. to 4:00 p.m. local time Monday through Friday. The Company shall not be obligated to provide prior notice to the Customer on the scheduled pickup date. Customer hereby agrees to make the unit(s) available for pickup on the scheduled date and during operating hours.
The Lessee must download all footage from the unit prior to the scheduled pickup date. The Lessor will not be responsible for any footage that is not downloaded before that time.
18.DEPOSIT AND PAYMENT
All amounts due hereunder shall be payable in full upon receipt of invoice by Customer. Customers acknowledge that timely payment of rental and service charges is essential to TID SYSTEMS’ business operations and it would be impractical and extremely difficult to fix the actual damage caused by late payment ( A) Standard payment terms are NET thirty (30) days after Customer receipt of the TID SYSTEMS invoice. As long as the Customer makes payment in full for all invoices before the day it is due, or on the due date, no interest will be charge to Customer’s account. (B) All payments shall be made in U.S. Dollars to TID SYSTEMS. (C) For any payments made with a credit card, the invoice shall include a credit card processing fee of 4% of the total invoice. (D) All invoices and supporting documents required are transmitted directly to the designated Customer’s accounting department disclosed at the time of signing and accepting the Estimate Proposal. (E ) If payment terms are not met, in addition to its legal rights, TID SYSTEMS may (i) defer or cancel, at its option further RENTAL or SERVICES, and (ii) and charge the Customer interest at 5 % per month (iii) Customer will pay all TID SYTEMS’ costs, including attorney’s fees and courts costs, incurred in connection with the collection of past due amounts from the Customer. Nothing herein shall be interpreted to prevent TID SYSTEMS from claiming, filing, or enforcing any lines when rights thereto arise from Customer failure to pay TID SYSTEMS in breach of this Agreement and for all equipment and equipment servicing is perpetual while equipment is in the Customer possession. (F) Rental rates do not include sales tax, goods and services tax or other taxes, levies and assessments required to be collected by TID SYSEMS from Customer at any time upon, or in respect of, the Equipment and/or the Agreement (collectively, “Taxes”).
19.DISPUTED INVOICES
For TID SYSTEMS to consider a disputed invoice, Customer must send notice at accounting@tidsystems.com within five (5) days of the invoice delivery date. In the event of a disputed or contested invoice, all portions of the invoice, both the disputed and undisputed amounts, must be paid in a timely manner. If TID SYSTEMS believes the disputed amount is valid, it shall either refund the amount to Customer or credit the Customer’s account. If a dispute remains unresolved within thirty (30) days of written notice of dispute, TID SYSTEMS may place all services on hold until the dispute is resolved.
20. ACCESS TO DATA
Customer acknowledges that TID SYSTEMS has no obligation under this Agreement to review and or analyze the footage to be provided to the Customer and/or any third party unless Customer request additional services.
The Customer understands and agrees that all recorded video footage will be deleted and user access will be revoked as of the date and time of the scheduled pick-up. The Customer acknowledges that it is their sole responsibility to download and preserve any video recordings prior to the pick-up.
21. DEFAULT
Customer shall be deemed in default should Customer fail to pay any amount when due hereunder; fail to perform, observe or keep any provision of the Agreement; become “Insolvent” (as defined herein), or should TID SYSTEMS anticipate that Customer may become Insolvent; or otherwise be in default. If Customer is in default, TID SYSTEMS may do any one or more of the following: (A) terminate the Rental Period; (B) declare the entire contract amounts due hereunder immediately due and payable and commence legal action therefor; (C) cause TID SYSTEMS employees or agents, with notice but without legal process, to enter upon Customer’s property and take all action necessary to retake and repossess the Equipment, and Customer hereby consents to such entry, re-taking and repossession and hereby waives all claims for damages and losses, physical and pecuniary, caused thereby and shall pay all costs and expenses incurred by TID SYSTEMS in retaking and repossessing the Equipment; ( D) pursue any other remedies available by law. Customer shall be considered “Insolvent” if Customer shall generally not pay, or be unable to pay, or admit its inability or anticipated inability to pay its debts as such debts become due; make an assignment for the benefit of creditors, or petition or apply to any court or tribunal for the appointment of a custodian, receiver, or trustee for it or a substantial part of its assets; commence any proceeding under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction, whether now or hereafter in effect; have had any such petition or application filed or any such proceeding commenced against it in which an order for relief is entered or an adjudication or appointment is made; or take any action indicating its consent to, approval of or acquiescence in any such petition, application, proceeding or order for relief or the appointment of a custodian, receiver or trustee for all or any substantial part of its properties.
21.2 DEFAULT FOR ANY REASONS
The Lessee may terminate this Agreement at any time by providing the Lessor with no less than sixty (60) days’ prior written notice. In the event of such a termination, the Lessee shall remain liable for payment of an amount equal to seventy-five percent (75%) of the total remaining contract value as of the effective date of termination, in accordance with the provisions set forth under the "Default for Any Reason" section. All outstanding payments due under this clause shall be remitted in full no later than the final day of the Agreement’s term or the effective termination date, whichever occurs first.
22 CHOICE OF LAW AND VENUE
This Agreement shall be governed and construed in accordance with the laws of the State of Nevada, and venue of any action concerning the terms of this Agreement shall be exclusively held in the appropriate courts of Washoe County, Nevada. No suit or action shall be brought against TID SYSTEMS more than thirty days (30) after the date of the incident that resulted in the loss, injury or damage, or the shortest duration permitted under applicable law if greater than thirty days (30).
23.SEVERABILITY
In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
24. RULES OF CONSTRUCTION
The parties acknowledge that each party and/or its counsel has reviewed these TERMS AND CODITIONS for RENTAL SERVICE – NV ONLY , and the parties hereby agree that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments or exhibits hereto.
25. WAIVER OF DEFAULT
The waiver by any party of a breach of any provision of this TERMS AND CODITIONS for RENTAL SERVICE – NV ONLY shall not be deemed a continuing waiver or a waiver of any subsequent breach whether of the same or another provision of this Agreement. It is impractical and extremely difficult to determine the actual damage, if any, that may result from the failure by TID SYSTEMS to perform any of its obligations. Under no circumstances will I attempt to hold TID SYSTEMS liable for any consequential or incidental damages, including without limitation, damages for personal injury or damages to property.
26. FORCE MAJEURE
If performances of these TERMS AND CONDITIONS or any obligation under this Agreement is prevented, restricted, or interfered with by the causes beyond either party’s reasonable control (‘Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligation of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include: acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrection, riots, or wars, or strikes.
27. MISCELLANEOUS
This TERMS AND CONDITIONS shall not be modified in any way except in writing signed by both parties and stating expressly that it constitutes a modification of this Agreement. Nothing contained herein shall create a contractual relationship with, or any other rights in favor of, any third party. This Agreement embodies the entire understanding between the parties with respect to the subject matter of this Agreement, and except as otherwise provided herein, supersedes any and all prior understandings and agreement, oral or written, relating to the subject matter of this Agreement. All express representations, indemnifications or limitations of liability included in this Agreement will survive its completion or termination for any reason.
28. GOVERNING LAW
This Agreement shall be governed by and constructed in accordance with the laws of the State of Nevada
29. CLASS ACTION WAIVER
Customer agrees that any claims or proceedings brought by Customer relating to this Agreement will be conducted on an individual basis, and not on a class-wide, collective, or representative basis, and that any one person’s claims or proceedings may not be consolidated with any other claims or proceedings. Customer will not sue TID SYSTEMS as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against TID SYSTEMS. Nothing in this paragraph, however, limits Customer’s right to bring a lawsuit as an individual plaintiff.
30. ENTIRE AGREEMENT
This Agreement together with any TID SYSTEMS forms, documents, and/or Project Proposals constitute the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings, or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both Customer and TID SYSTEMS.
31. COUNTERPARTS; ELECTRONIC AND ELECTRINICALLY -TRANSMITTED SIGNATURES
This Agreement may be executed simultaneously or in any number of counterparts, each of which shall be deemed an original, equally admissible in evidence, but all of which together shall constitute one and the same Agreement, notwithstanding that the signatures of each party or their respective representatives do not appear on the same page. The parties hereby acknowledge and agree that electronic signatures that comply with the eSign Act (15 U.S.C. Ch. 96) (such as DocuSign or ZipLogix Digital Ink signatures), or signatures transmitted by electronic mail in socalled "PDF" format or by fax shall be legal and binding and shall have the same full force and effect as if an original of this Agreement had been delivered