DISPENSER RENTAL AND WATER/COFFEE SERVICE AGREEMENT Terms & Conditions of Sale
Scope. These Terms and Conditions of Sale (these “Terms”), together with the Dispenser Rental & Water Coffee Service Order Form (“Order Form”) signed or electronically accepted by the customer identified therein (“Customer”) (collectively, the “Agreement”), constitute the entire agreement governing the products, equipment, and services identified on the Order Form (collectively, the “Services”) to be provided by Fontis Water, Inc. (“Fontis”) to Customer. This Agreement supersedes all prior agreements, proposals, or communications, whether written or oral, concerning the Services. Fulfillment of any order does not constitute acceptance of any Customer terms or modifications to this Agreement unless expressly agreed to in writing by Fontis.
Delivery Schedule. Bottled water and/or coffee will be delivered on a regular scheduled basis according to the delivery schedule designated by Fontis, or on an as-needed basis when requested by Customer.
Delivery Access & Liability. Customer agrees to provide Fontis with safe and reasonable access for deliveries and pickup of Equipment or products. Fontis is not responsible for delays or missed deliveries caused by unsafe conditions, locked or gated access, or inaccessible locations. Fontis reserves the right to refuse or reschedule delivery if conditions are deemed unsafe or inaccessible, in its sole discretion.
Term. This Agreement begins on the date of Customer’s signature or electronic acceptance (the “Effective Date”) and continues for an initial term of twelve (12) months consisting of twelve billing periods (the “Initial Term”), unless otherwise stated in writing by Fontis. Upon expiration of the Initial Term, this Agreement shall automatically renew on a year-to-year basis (the “Renewal Term”) until cancelled in accordance with these Terms.
Payments.
Invoicing & Payments. Fontis will send Customer an invoice for Services approximately every 30 days. Customer agrees to pay Fontis for all Services, plus applicable taxes and fees, by the due date shown on each invoice. Fontis may accept late or partial payments without waiving its rights under this Agreement.
Payment by Credit or Debit Card. By providing credit or debit card information to Fontis, Customer authorizes Fontis to charge that card for all amounts due under this Agreement, including recurring charges for products, equipment, and services. Fontis may place an authorization hold on the account to verify funds availability. Fontis is not liable for fees or penalties imposed by Customer’s financial institution, including insufficient-fund, declined-transaction, or over-limit charges. Customer may update or change payment information by written notice or by contacting Fontis Customer Service at 678-494-1981.
Payment by ACH / eCheck. Fontis accepts electronic payments via Automated Clearing House (“ACH”) or eCheck. By providing bank account information to Fontis or authorizing payment by phone or electronically, Customer authorizes Fontis to initiate electronic debit entries from the designated account for all amounts due under this Agreement. Customer represents that they are an authorized signer on the account and that all information provided is accurate. Returned or rejected ACH/eCheck payments may be subject to a $25 return fee. Fontis utilizes secure, PCI-compliant systems to vault and process account data and does not store full account numbers outside its secure vault.
Auto-Pay Policy for Residential Accounts. All new residential service accounts are required to enroll in an automatic payment method (credit/debit card, ACH, or eCheck). Fontis will attempt to process payment at the close of each billing period. If a payment is declined or returned, the account will be considered past due and placed on hold until payment is received. Accounts on hold may experience delayed or missed deliveries.
Stored Payment Methods. Customer authorizes Fontis to maintain payment credentials on file for recurring billing. Stored payment methods remain active until Customer provides updated payment details or cancels service. Customer remains responsible for all charges incurred prior to cancellation.
Equipment.
Title to Equipment. All water bottles, dispensers, coffee equipment, and related equipment (“Equipment”) remain the property of Fontis. Equipment rental payments do not apply toward purchase.
Use of Equipment. Customer acknowledges that water or coffee may damage surrounding surfaces and that leaks may occur from bottles or Equipment. Customer is responsible for selecting appropriate placement and accepts liability for any resulting damage, subject to the limitations of this Agreement.
Return of Equipment. Within fourteen (14) days following termination of this Agreement for any reason, Customer shall return all Equipment in good condition to Fontis’s office or to a Fontis representative. If not returned within 14 days, Customer will reimburse Fontis for reasonable costs incurred to recover or replace such Equipment.
Other Fees. In addition to the payments described above, Customer agrees to pay the following:
Late Fees & Returned Payments. A late fee of $10 to $25 may be assessed for overdue payments. Returned checks or declined electronic payments are subject to a $25 fee.
Fuel Surcharge. Fontis reserves the right to apply a per-delivery fuel surcharge at its discretion.
Bottle Deposit. If applicable, a refundable deposit is charged for returnable bottles. Deposits are refunded for bottles returned in good condition, normal wear and tear excepted.
Loss and Damage. Customer shall pay Fontis for loss, theft, or damage to any rented Equipment while in Customer’s possession, excluding normal wear and tear. The charge will not exceed the replacement cost reasonably determined by Fontis.
No Return of Consumable Products. All consumable product sales are final and credit will not be issued for unused returned product.
Change in Terms. Fontis may change the terms of this Agreement, including pricing, fees, and charges, at any time, upon prior written notice to the Customer.
Cancellation by Customer. Customer may cancel this Agreement at any time by providing at least thirty (30) days’ written notice. If cancellation occurs prior to completion of the Initial Term, Fontis may assess an administrative cancellation fee of $100.00 or the remaining Equipment rental balance for the Initial Term, whichever is greater, to cover administrative and logistical costs.
Default by Customer. Customer will be in default if Fontis does not receive payment when due or if Customer fails to comply with any other provision of this Agreement. If not remedied within 14 days after written notice, Fontis may (i) suspend deliveries or Services and/or (ii) terminate this Agreement, making all outstanding balances immediately due. Fontis reserves the right to charge a reactivation or off-route delivery fee for accounts placed on hold due to nonpayment or suspension. Customer will reimburse Fontis for all collection costs, including attorney’s fees and litigation expenses.
Termination Upon Insolvency. Fontis may terminate this Agreement immediately if Customer becomes insolvent, files for bankruptcy, or is subject to receivership or similar proceedings.
Limited Warranty.
Warranty. Fontis warrants that it will perform Services in a professional and workmanlike manner consistent with generally recognized industry standards.
Limitations. EXCEPT AS EXPRESSLY PROVIDED HEREIN, FONTIS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Third-Party Products. Fontis does not manufacture Equipment and makes no warranty regarding any third-party product.
Breach of Notice Requirement. Fontis is not liable for breach of warranty unless Customer provides written notice of the defect within five (5) days of discovery.
Remedies. Fontis’s sole obligation and Customer’s exclusive remedy shall be, at Fontis’s option, re-performance of Services or a credit/refund of the contract price for the affected Services.
Limitation of Liability. IN NO EVENT SHALL FONTIS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. FONTIS’S TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE LESSER OF ACTUAL DAMAGES OR THE TOTAL PAYMENTS MADE BY CUSTOMER DURING THE THREE (3) BILLING PERIODS PRECEDING THE CLAIM.
Indemnification. Customer shall indemnify, defend, and hold harmless Fontis and its employees, agents, and affiliates from all claims, damages, or expenses arising from (a) Customer’s negligence or misuse of Fontis products or Equipment, or (b) Customer’s breach of this Agreement.
Confidential Information. All non-public, confidential, or proprietary information disclosed by Fontis is confidential and may not be disclosed or copied without Fontis’s prior written consent.
Data Security and Compliance. Fontis employs commercially reasonable administrative, technical, and physical safeguards to protect Customer information, maintains PCI DSS compliance, and uses secure vaulting for payment data. Fontis is not liable for unauthorized access or disclosure resulting from circumstances beyond its reasonable control.
Notices. All notices must be in writing and delivered by certified mail, personal delivery, or facsimile/email with confirmation to the addresses shown on the Order Form. Customer must promptly notify Fontis of any address change.
Text Message Notifications. By establishing service, Customer consents to receive text (SMS) messages from Fontis for service-related purposes, including delivery reminders, route updates, and billing alerts. Standard message and data rates may apply. Customers may opt out at any time by replying STOP to any message or contacting Fontis Customer Service at 678-494-1981 or info@fontiswater.com. After opting out, Fontis may continue to contact Customer via phone or email for non-SMS communications. Fontis will not send marketing or promotional text messages without separate, express consent. Reply HELP for assistance.
AI and Automated Communications. Fontis may use automated systems and artificial intelligence (“AI”) agents to make or receive calls, texts, or electronic communications on its behalf. These systems may access Customer account information to verify details, provide delivery updates, process authorized payments, or assist with support. By maintaining an account or interacting with Fontis, Customer consents to such AI-assisted communications and acknowledges that interactions may be recorded or transcribed for quality assurance. AI agents will never request or store full account or card numbers, and no payment will be initiated without Customer’s explicit authorization.
Privacy of Customer Data. Fontis collects and uses Customer information solely to provide, bill, and service accounts. Fontis does not sell or share personal data with third parties except as necessary to process payments, fulfill deliveries, or comply with applicable law.
Electronic Signatures and Communications. Customer agrees that electronic signatures, communications, and records executed in connection with this Agreement are legally binding and satisfy any requirement for written documents. Fontis may deliver invoices, notices, or account communications electronically to the email address on file.
Force Majeure. Fontis is not liable for failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to government action, war, fire, flood, strike, or pandemic.
Miscellaneous. This Agreement constitutes the entire understanding between the parties and supersedes all prior communications. It is governed by the laws of the State of Georgia. All disputes shall be brought exclusively in the courts of Cobb County, Georgia, or the U.S. District Court for the Northern District of Georgia. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. Fontis’s failure to enforce any provision shall not constitute a waiver of its rights to do so in the future.