Hardware Rental Agreement

1. Definitions

• "Equipment" means the hardware CINERA rents to you, which may include weather stations, network video recorder (NVR) and camera systems, batteries, solar panels, satellite connectivity units, and related accessories, as identified in the Rental Order.
• "Rental Term" means the period during which you are entitled to possess and use the Equipment, as set out in the Rental Order.
• "Deployment Tier" means whether the Equipment is self-deployed by you ("Self-Deploy") or deployed and managed by CINERA ("CINERA-Deploy"), as selected in the Rental Order.
• "Security Deposit" means the refundable amount held against loss of or damage to the Equipment, as stated in the Rental Order.

2. Rental of Equipment

Subject to this Agreement, CINERA agrees to rent the Equipment to you for the Rental Term, and you agree to pay the applicable fees. The Equipment is provided for your use in connection with film, television, and media production activities and is not for resale, sublease, or transfer.

3. Term and Renewal

• Rentals are billed on a monthly basis unless the Rental Order states otherwise, and renew automatically each month until cancelled in accordance with Section 11.
• Either party may end a month-to-month rental by providing notice before the next billing cycle, subject to the return obligations in Section 8.

4. Fees, Deposit, and Invoicing

• Monthly rental fee: the per-asset monthly rate stated in the Rental Order, less any applicable bundle discount.
• Installation fee: a one-time installation fee may apply, particularly for CINERA-Deploy rentals.
• Managed service fee: CINERA-Deploy rentals may include a monthly managed-service fee covering monitoring and maintenance.
• Security Deposit: due before the Equipment is released. It is refundable after return, less any amounts owed for loss or damage under Section 7.
• Payment terms: invoices are due on the terms stated in the Rental Order (for example, net thirty (30) days). Applicable taxes are added. Amounts are in Canadian dollars (CAD) unless otherwise stated.
• Late payment: overdue amounts may accrue interest at the rate permitted by law and may result in suspension of service or recovery of the Equipment.

5. Deployment and Installation

• Self-Deploy: you are responsible for installing, positioning, powering, and connecting the Equipment in accordance with any instructions CINERA provides, and for obtaining any permissions required at the deployment site.
• CINERA-Deploy: CINERA (or its authorized installer) will install and, where applicable, monitor and maintain the Equipment. You will provide safe, lawful, and timely site access.
• You are responsible for site suitability, including power, mounting, and network or satellite line-of-sight, and for any site restoration required after removal.

6. Title and Ownership

The Equipment is and remains the sole property of CINERA at all times. This Agreement grants you a temporary right of possession and use only. You will not sell, pledge, sublease, encumber, or permit any lien on the Equipment, and you will keep it free of any claim by third parties. You will not modify, open, or attempt to repair the Equipment without CINERA's prior written consent.

7. Care, Risk of Loss, and Damage

• From delivery until return, you are responsible for the Equipment and bear the risk of loss, theft, and damage beyond ordinary wear and tear.
• If the Equipment is lost, stolen, or damaged beyond ordinary wear, you are responsible for the applicable repair or replacement charges, which may be deducted from the Security Deposit and, if the loss exceeds the deposit, invoiced to you.
• You will use the Equipment in accordance with applicable laws and any manufacturer or CINERA guidelines, and only for its intended purpose.

8. Return of Equipment

On expiry or termination of the Rental Term, you will return the Equipment to CINERA (or make it available for CINERA pickup, for CINERA-Deploy rentals) in the same condition as received, ordinary wear and tear excepted. CINERA will assess the returned Equipment and apply any damage or loss charges under Section 7 before refunding the balance of the Security Deposit. Equipment not returned within a reasonable period after the Rental Term may be treated as lost and charged at replacement value.

9. Warranties and Disclaimers

CINERA will provide Equipment in good working order at the start of the Rental Term. EXCEPT AS EXPRESSLY STATED, THE EQUIPMENT IS PROVIDED "AS IS," AND CINERA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CINERA does not warrant uninterrupted operation, and data or connectivity provided through the Equipment is subject to the disclaimers in our Terms of Service and, where applicable, the Weather Intelligence supplement.

10. Limitation of Liability

To the maximum extent permitted by law, CINERA will not be liable for indirect, incidental, special, or consequential damages, including production delays or lost profits, arising from the Equipment or its use or unavailability. CINERA's total aggregate liability arising under a rental will not exceed the fees paid by you for that Equipment in the twelve (12) months preceding the claim. Nothing in this Agreement limits liability that cannot be limited under applicable law.

11. Insurance

For Self-Deploy rentals, and where reasonably requested for CINERA-Deploy rentals, you will maintain insurance adequate to cover loss of or damage to the Equipment during the Rental Term. On request, you will provide evidence of such coverage.

12. Termination

CINERA may suspend service or terminate a rental and recover the Equipment if you fail to pay when due, breach this Agreement, or use the Equipment unlawfully. On termination, all outstanding fees become due, and the return obligations in Section 8 apply.

13. Governing Law

This Agreement is governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, and the parties submit to the exclusive jurisdiction of the courts of Alberta, consistent with the Terms of Service.

14. Contact

For questions about hardware rentals or this Agreement, contact us at support@cinera.ca.