Tank Overwatch, LLC incorporated in Florida, the owner of
Tank Overwatch
Technology, having its headquarters at 4703 South Military
Trail Suite C, Lake Worth FL 33463 provides a communications service for tank
monitors and optionally other equipment.
By placing one or more orders, the customer agrees and
accept all the terms and conditions as described in this document
30-Day Free Trial Offer
Tank Overwatch, LLC is pleased to extend a one-time offer of
a 30-day free trial exclusively for the initial site set up by each new
customer. This trial period is intended to allow customers to experience the
full range of Tank Overwatch services without any cost commitment for the first
thirty (30) days following the activation of the first site. It is important to
note that this offer is valid solely for the first site that the customer
brings online with Tank Overwatch, LLC and does not extend to any additional
sites that the customer may choose to monitor using our services. After the
conclusion of the free trial period, the standard rates and terms of service as
outlined in our subscription agreement will apply. This trial is provided on
the understanding that customers are evaluating our services for potential
scalability to multiple locations, but the trial's benefits are limited to a
single site to ensure maximum service quality and performance evaluation.
1. TANK OVERWATCH SERVICE
The Tank Overwatch Service provides communications service
between a tank monitor and the Tank
Overwatch Server. The customer can access tank monitor data
via the Tank Cloud Interface hereafter called “Tank Cloud”
VEEDER – ROOT SERIAL INTERFACE MANUAL for TLS-300 and
TLS-350 UST Monitoring Systems and TLS 350R Environmental & Inventory
Management System” hereafter referred to as the “Serial Communications
protocol”.
The Tank Overwatch service uses a TBOX device that is
connected to the RJ45 connecter on an existing tank monitor. The TBOX Device is
connected to the store's networking equipment that is connected to the
Internet. The cable, networking equipment and Internet service is supplied by
the customer.
The TBOX device is simple to install and does not require
networking knowledge, network configuration or access to networking equipment.
A static IP address or dynamic DNS is not required for the TBOX device to
operate.
Tank Overwatch is committed to providing continuous and
uninterrupted tank monitoring services. However, in the pursuit of maintaining
service excellence and operational integrity, should there be any necessity to
interrupt service provision, Tank Overwatch will endeavor to provide the
customer with timely notice regarding the nature and anticipated duration of
the interruption. Tank Overwatch will make all reasonable efforts to ensure
that any interruptions are minimal and managed efficiently, with the aim to
maintain customer satisfaction and service reliability
2.TANK CLOUD
Tank Cloud provides a user-friendly, web-based dashboard for
displaying tank monitoring data. Users can enjoy the features outlined on www.tankoverwatch.com
3. TBOX DEVICE
The TBOX unit is an intelligent hardware solution
encompassing computing and communication capabilities that the customer buys to
use for the term of the service agreement. The customer is responsible for
informing Tank Overwatch, LLC of the specific type and model of tank monitoring
equipment in use at each location to ensure proper configuration of the TBOX
unit. Ownership of the TBOX device's physical hardware rests with the customer,
while the software and micro SD card remain the proprietary property of Tank
Overwatch, LLC. Customers are strictly prohibited from reverse engineering,
duplicating, or tampering with any aspect of the TBOX device.
Should the following Tank Overwatch Service requirements
described below be met, and there is no communication between the tank monitor
and the Tank cloud service, Tank Overwatch, LLC will ship a under a 60 day
warranty replacement TBOX device to the customer. It is the customers
responsibility to remove the installed TBOX device, return it to Tank Overwatch
and install the replacement TBOX device in its place.
If the defective TBOX device is not returned within 30 days
of receiving the replacement, a charge of $299 will be assessed for the
replacement TBOX device.
TBOX device installation at the customer site is the
responsibility of the customer.
Installation is simple and is designed as plug ‘n play. The Tank Monitor must have the "serial
communications protocol" programed and the "network module"
configured to DHCP. If these conditions
are met. Continue the TBOX installation.
• Internet
connection to the WAN port • Tank monitor connection to the LAN port
• Powering
the TBOX device.
Tank Overwatch, LLC is not responsible for any interruptions
of operations or damage to the customers tank monitor caused by installation of
the TBOX Device. The customer must adhere to local Electrical and Fire Codes
and permitting requirements that may apply to the site.
4. TANK OVERWATCH SERVICE REQUIREMENTS
To provide successful communication, the Tank Overwatch
service requires both an Internet connection (3a) and tank monitoring equipment
which is operating according to the “Serial Communications protocol” (3b).
a. Internet
Connection.
The Tank Overwatch service requires an internet connection
configured for DHCP (the router provides the local IP address), which is the
standard networking configuration for connecting to the Internet. Once the
internet ethernet cable is connected to WAN port of the TBOX device, then the
Tank Overwatch Service requirements for a working internet connection at the
site have been met.
b. Communications
with the Tank monitor.
The TBOX device, being a smart computer connected to a
Gilbarco Veeder-Root TLS
300 or TLS 350 tank monitor can communicate with the tank
monitor using the “Serial Communications
protocol”. The Tank Overwatch service requirements for communicating with the
tank monitor are met once the ethernet cable from the tank monitor is connected
to the LAN port on the TBOX device.
5. WARRANTY
This warranty supersedes and replaces all other warranties,
conditions, or guarantees provided to the customer or any third party, whether
they are explicit or implicit. This includes, but is not limited to, any
implied warranties of merchantability or suitability for a specific function,
as well as any that may be implied by statutory or common law, regular business
conduct, customary practices, or usage in the trade. The TBOX device comes with
a 60 day warranty from the date of purchase.
If both the Tank Overwatch service requirements for a
working Internet connection at the site AND the Tank Overwatch Service
Requirements for communicating with the tank monitor have been met, Tank
Overwatch, LLC will be responsible for providing communications with the tank
monitor.
Should the customer experience a failure in communications,
the customer, before contacting Tank Overwatch, LLC, must first establish that
the Tank Overwatch service requirements are being met by checking that then
tank monitor is operating and that there is an operational internet service at
the site AND that this service is connected to the Tank Overwatch Device
(TBOX).
Should the customer fulfill all the Service Requirements of
Tank Overwatch, they are entitled to report issues by submitting a support
ticket at support.tankoverwatch.com. Upon receipt of a ticket, Tank Overwatch,
LLC will promptly address the reported issue. If it is determined that the
problem cannot be resolved remotely and is covered under the warranty, Tank
Overwatch will ship a replacement TBOX device to the customer at no additional
expense, provided the claim is made within the 60-day warranty period specified
herein.
For service troubleshooting purposes, customers may be
requested to perform certain tasks, such as power cycling the TBOX device or
resetting the tank monitor's network card, to aid in diagnosing issues with the
Tank Overwatch service.
Additionally, the customer is required to supply full
details of the installation site, including the name, address, and contact
information, to facilitate the resolution of any communication problems with
the TBOX device.
Should both the Tank Overwatch service requirements be
present, and a properly installed replacement TBOX device does not solve the
communications problem, and 30 days without communications has passed since the
replacement Device has been installed without Tank Overwatch resolving the
problem, the customer may request to cancel the Tank Overwatch service for the
site. In the event of this cancellation, Tank Overwatch, LLC will refund any
unused annual/monthly fee for the period from the start of the communications
problem to the end of the paid-up period by customer. If the hard disk is not
returned within 30 days after cancelation there will be a fee of the total of
the device cost of $149. Tank Overwatch will not be held accountable for any
indirect, special, or consequential damages, which may include, but are not
limited to, losses of data, business, or property damage, under any
circumstances.
6. Support
For streamlined
and efficient handling of support-related issues, Tank Overwatch, LLC requests
that customers submit their concerns exclusively through our support ticket
system at support.tankoverwatch.com. This process ensures that all inquiries
are tracked and managed with the attention and detail they deserve.
Please be aware
that site setup services are conducted by appointment only to provide each
customer with the dedicated assistance required for optimal installation and
configuration. For organizing your setup appointment please visit
www.tankoverwatch.com. An on-site technician may be needed to assist with any
complicated setup or persistent issues that cannot be resolved remotely.
7. TANK OVERWATCH STANDARD FEES
The fee for the Tank Overwatch service is:
Single Site $30/per month or $360/per year
Multi Site (+5 sites) $28/per month or $315/per year
Super Site (+25 sites) $25/per month or $290/per year
Payable monthly or yearly in advance. The fee is payable
within 7 days of the initial start date and by the same date for following
annual periods.
The TBOX device hardware cost is $150(Multi Site 5%, Super
Site 10% Discount)
Should the customer decide to relocate the TBOX device to
another location, there may be at the option of Tank Overwatch, LLC a fee of
$199 for setup of the new location.
8. CONTRACT TERM, CANCELATION POLICY
This document may only be used for the purpose of ordering
the Tank Overwatch service.
The start date of the Tank Overwatch Service is the date the
TBOX device begins communicating to the Tank Cloud service or no later than 30
days after shipping the TBOX Device to the customer if the customer has not
installed the TBOX Device.
Monthly Subscription
Terms: Customer acknowledges that the subscription fee for the service is
billed on a monthly basis. If the Customer elects to cancel their subscription
at any point during a monthly billing cycle, the Customer understands that Tank
Overwatch will not provide a refund for the remaining portion of the month. The
service will remain active and accessible until the end of the current monthly
billing period.
Annual Subscription
Terms: Similarly, for customers who have opted for an annual subscription,
the fee is charged on a yearly basis. In the event of cancellation during the
year, no refunds will be provided for the remaining period of the annual
subscription term. Services will continue to be available to the Customer until
the expiration of the paid service year.
By subscribing to our services, the Customer agrees to this
cancellation and refund policy, accepting these terms as part of the contract
with Tank Overwatch. This policy is in place to maintain a fair and efficient
billing process, allowing Tank Overwatch to plan its resources and offerings
accordingly. Exceptions to this policy, if any, are at the sole discretion of
Tank Overwatch and will be considered on a case-by-case basis.
9. Provision for Subscription Rate Revision
Tank Overwatch, LLC retains the authority to modify
subscription rates for services upon the renewal of a monthly or annual
subscription due to unforeseen factors that substantially affect service
delivery costs. Such factors may include, but are not limited to, significant
market shifts, supplier cost changes, inflation adjustments, legislative
alterations, or other unpredicted external events outside Tank Overwatch, LLC’s
control.
In the instance that Tank Overwatch, LLC determines a rate
modification is imperative, the subsequent stipulations shall be instituted:
Advance Notice: Customers will be informed of any impending
rate changes at least thirty (30) days before their current subscription period
ends, ensuring transparency and allowing time for customer consideration.
Explanation of Increase: Accompanying the notice will be a
detailed rationale for the rate adjustment, underscoring the specific causes
and necessity for such a change.
Proportionality: Any increase in rates will be directly
related to the extent of the cost increases Tank Overwatch, LLC has incurred
and will be kept at a reasonable measure.
Renewal or Cancellation Choice: Subscribers will retain the
right to either renew their subscription at the adjusted rate or cancel their
services. Cancellation in response to a rate increase must be communicated to
Tank Overwatch, LLC in writing prior to the end of the current subscription
term.
Acceptance of New Rates: If a customer continues with the
renewal process post notification without cancellation, it will be assumed that
they have accepted the revised subscription rates.
Tank Overwatch, LLC pledges to uphold integrity in its
pricing strategy and will employ rate increases solely to maintain the high
standards of service our customers expect and to accommodate the evolving cost
structure of providing these services.
10. DATA PRIVACY AND SECURITY
Data provided by the customer about the site where the TBOX
Device is installed and data identified as coming from a specific tank monitor
or site will be protected and will not be sold or provided to parties or
persons other than those employed by Tank Overwatch, LLC who need access to
this data.
If the customer is using Tank Overwatch at sites owned or
operated by other parties, the customer agrees that permission has been granted
by these parties to the customer for the tank monitor communications as
provided via the Tank Overwatch Service.
The customer agrees that Tank Overwatch, LLC may offer
ancillary services to the customer or parties that own or operator the site.
The customer or other parties may opt out of receiving these offers.
The Tank Overwatch service and associated equipment uses
encrypted communications and RSA certificates to protect the data being
communicated and access to the tank monitor through the site network to the
T-Box Device. Although we use these advanced industry standard techniques and
make every effort to ensure security, Tank Overwatch, LLC is not responsible
for any data or access breaches that may be related to Tank Overwatch or
otherwise.
11. Right of Termination
Tank
Overwatch reserves the right to terminate a subscription and cease service
delivery at any time due to non-compliance with the service terms, legal
requirements, or other significant concerns at its discretion. If Tank
Overwatch terminates a service under such conditions, the customer will be
notified in writing of the decision.
For
monthly subscriptions, any termination initiated by Tank Overwatch will take
effect immediately, and the customer will not be billed for subsequent months
following the termination date. No refund will be issued for the month in which
the service is terminated.
For
annual subscriptions, termination by Tank Overwatch will result in the
cessation of service but does not entitle the customer to a refund for any
portion of the year remaining post termination. The service will be
discontinued promptly, and the customer will not be billed for any subsequent
years.
This
right of termination is designed to preserve the integrity and viability of
Tank Overwatch's service provisions. Tank Overwatch commits to acting in good
faith when determining the need to terminate a service and will provide as much
notice as is practicable under the circumstances. The terms of this right are
nonnegotiable and are considered accepted upon the customer's subscription to
the service.
12. GENERAL
(a) The
customer confirms having read, understood, and agreed to be legally bound by
these Terms and Conditions, recognizing them as the definitive and
all-encompassing agreement regarding the Tank Overwatch Service. This agreement
overrides any previous discussions, negotiations, and agreements, whether oral
or written. These Terms and Conditions constitute the entire understanding
between the customer and Tank Overwatch, LLC and can only be modified by a
written amendment signed by both parties.
(b) If Tank
Overwatch, LLC is hindered by circumstances beyond its reasonable control,
performance timelines under this contract will be extended accordingly.
(c) The
interpretation and enforcement of these Terms and Conditions shall be governed
by the laws of the State of Florida.
(d) Any legal
claim arising from these Terms and Conditions must be filed by the Customer
within one (1) year after the cause of action has occurred.
(e) Should any
part of this contract be deemed unenforceable or invalid by virtue of law or
statute, such a section shall be excluded to the extent of such invalidity or
unenforceability; all other parts shall remain in effect.
(f) The
Customer's rights, responsibilities, or commitments under these Terms and
Conditions are not to be reassigned or subcontracted to any
other party without Tank
Overwatch, LLC's express written permission. Notably,
neither a sale of substantially all the Customer's assets to a third party nor
a transfer of a controlling interest in the Customer's company shall be deemed
as an assignment herein.
(g) Should
a dispute arise pertaining to these Terms and Conditions, the successful party
shall be entitled to recoup its reasonable costs, including attorneys' fees,
incurred in resolving such disputes.