Service Terms & Conditions

1. Ownership – Water of Oz LLC dba Drink Meta, or subsequent assignees, is the sole owner/titleholder of the Water, Ice or Coffee Equipment (together with any upgrades, replacements, repairs, additions, and including all tubing, connectors, water and/or drain lines connected to the equipment, collectively “The Equipment”) during the initial rental term, or any extension thereto.
2. Complete Agreement – Customer agrees that no promises or agreements have been made by Drink Meta or anyone else which are not part of this Rental Agreement and that any revisions to this Agreement must be signed by an authorized representative of Drink Meta and Customer.
3. Authorization/Ratification/Execution – This Agreement exists between Drink Meta and Customer. The person(s) signing this Agreement on behalf of Customer represents they have the authority to do so and that no information supplied by Customer is false. Payment by Customer on this Agreement signifies ratification of this authority and of this Agreement. Electronic, facsimile and email delivered signatures are deemed fully enforceable valid signatures as if such signatures were an original signature as of the date executed.
4. Location of Equipment – Customer will keep Equipment at the location specified in the Agreement. Only Drink Meta or an authorized agent must perform any relocation of Equipment (for reasonable and customary charges). Should Customer unilaterally move or relocate Equipment, Customer will be responsible for all costs associated with any damages that may arise, including damage to or loss of the unit or damages to the premises.
5. Installation, Use, Maintenance and Care – Drink Meta, or its authorized agent, agrees to install Equipment in accordance with manufacturer’s specifications or subject to and in the case of any separately executed Service or Vendor Agreement. Customer agrees to use and maintain Equipment for drinking water and/or coffee and/or ice consumption only and not for any other purpose. Customer is responsible for any damages or service costs associated with unauthorized use. Customer will also make Equipment available and accessible to Drink Meta or its authorized agent for maintenance in accordance with manufacturer’s specifications, or subject to and in the case of any separately executed Service Agreement.
6. Inception, Payment Due Dates, Other Charges and Invoicing – Monthly (or other periodic) rentals begin on the delivery and/or acceptance date and continue monthly on the 1st of each month thereafter. The due date for the monthly invoices will be on Net 30 basis. If payment is not made by the due date, a late charge of $20 per month will be charged for each late payment. Customer agrees to pay any and all taxes or any associated regulatory fees not imposed by Drink Meta related to the use of the Equipment. If Customer is an entity that is exempt from sales tax, Customer must provide confirmation and a valid true and legal copy of its Certificate of Sales Tax Exemption to Drink Meta for sales tax to be removed from invoices. Drink Meta reserves the right to increase the rental rate annually but under no circumstances will that rate increase exceed more than 5% per annum.
7. Renewal – After the initial rental term or any extension thereto, this Agreement will renew for an additional extension period of twelve(12)months at the same monthly rate unless Customer notifies Drink Meta or its assignee in writing at least 90 days prior to the expiration of the initial term or extension that Customer will not renew this Agreement.
8. Payment Requirements – Customer’s obligation extends through the full term of the Agreement, or any extension thereto, and cannot be canceled. Should Customer request removal of Equipment prior to the end of term, Customer will be responsible for full payment on the remaining balance of the Agreement, or any extension therefore, together with any outstanding existing balance.
9. Liability, Insurance and Indemnity – Customer is responsible for the risk of loss for any destruction or damage to the Equipment and for any injuries due to the acts or omissions of the Customer. Customer shall promptly notify Drink Meta of any loss, destruction, damage or injury. No such loss, destruction or damage will relieve the Customer of its payment obligations under this agreement. Upon any loss, destruction or damage Drink Meta shall have the right to terminate this agreement and Customer shall be liable for unpaid rental payments and for the remainder of the rental term plus the estimated fair market value of the Equipment at the end of the scheduled rental term. Customer further agrees to keep their premises and therefore the Equipment fully insured against losses during the rental term. Customer assumes all risks and liability for the loss of or damage to Equipment, for injury to any person or property of another and for all other risks and liabilities arising out of the improper use, operation, condition, possession or storage of Equipment.
10. Assignment of Interests – Customer may not sell, transfer, encumber or assign Equipment or Agreement without express prior written consent of Drink Meta or its assignee. Drink Meta may sell, transfer, encumber or assign all or part of its interests in Equipment and/or Agreement to its assignee and will notify Customer within 30 days of assignment. Any Assignee of Drink Meta will have all of Drink Meta’s rights and obligations under this Agreement, unless otherwise specified in writing and agreed upon by Customer.
11. Equipment Return – Upon proper notification and expiration of this Agreement, Customer shall make Equipment accessible to Drink Meta for pick up, together with all accessories, including water and/or drain lines, free from damage and in the same condition and appearance as when received by Customer, accounting for ordinary wear and tear. Customer agrees to pay a removal fee of $295 per unit. If Customer fails or refuses to return Equipment, Drink Meta shall have the right to take possession of Equipment and, for that purpose, to enter any premises where Equipment is located without being liable in any suit, action, defense, or other proceedings to Customer. Customer must pay any and all rents due until Drink Meta receives the Equipment.
12. Default – If Customer does not pay any amount when due, or breaches any other term of the Agreement, Drink Meta or its assignee may deem Customer in default of the Agreement. Drink Meta or its assignee retains the right to exercise any and all legal remedies available by applicable laws, including, but not limited to, repossession of Equipment, termination of maintenance agreements, acceleration of the remaining balance due under this contract and reimbursement of reasonable attorney fees and/or costs associated with any action, repossession, or disposal of Equipment.
13. Business Agreement – Customer agrees that this agreement is for business purposes and will be governed by the laws of the state in which the equipment is located. Customer further agrees that should any legal action, suit, or proceeding be initiated by any party to this agreement with regard to or arising out of this Rental agreement, or the Equipment covered hereby, such action, at the discretion of Drink Meta, shall be brought in the courts of the State of Delaware or the state in which the equipment is located, and all parties consent to the jurisdiction of such courts as to all such actions.
14. Consent to Receive SMS Messages – You consent to receive SMS messages (including text messages), and telephone calls from us or our agents, at the specific number(s) you have provided, with service-related information, questions, and marketing information. You certify that the telephone number you have provided to us is your contact number and that you are permitted to receive calls and text messages, even if you will incur costs to receive such phone messages, text messages, e-mails, or other means. Standard message and data rates may apply to all SMS messages (including text messages). We may modify or terminate our SMS messaging services from time to time, for any reason, and without notice, including the right to terminate SMS messaging with or without notice, without liability to you.