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Weather Reach Signal Service

 

$88

Irrisoft, Inc offers Weather Reach Signal Service in most areas throughout the US. The cost for service is $88.00 per year.

There are four simple steps to subscribe to Irrisoft Weather Reach Signal Service

 

Weather Reach Signal Service Brochure

 

 

 

 

Terms and Conditions Agreement for Weather Reach® Signal Service

 

IMPORTANT-READ CAREFULLY: The following Terms and Conditions define a legal agreement between you, a Customer (either an individual or a single entity) and Irrisoft, Inc.; its owners and agents.  Weather Reach® Signal Service (Signal) is a wireless broadcast of weather data to Weather Reach Receivers including Rain Bird ET Manager Products (Receivers).  Irrisoft acquires weather data from multiple sources and broadcasts the data to specific Weather Regions (Stations).  Irrisoft has contracted with commercial wireless paging companies to carry the Signal.  BY ACTIVATING A DEVICE OR REQUESTING DEVICE ACTIVATION, YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT.

TERM

The term of this agreement shall be for the given period and shall automatically renew thereafter for one (1) year periods unless canceled in writing by one party at least ninety (90) days prior to the end of the Term.  (the “Term”).

Fees

Customer agrees to pay to Irrisoft, without prior demand therefore and without any deduction or set-off whatsoever, the total sum of fees for the Signal.  Payment is to be made in advance annually on the first day of the calendar month during the Term of this Agreement.

After the initial Term, upon ninety (90) days written notice to the Customer, Irrisoft may change the fee structure.  If the proposed fee structure is unacceptable to the Customer, Customer may terminate this Agreement upon ninety (90) days written notice to Irrisoft.

Late Payments. Time is of the essence for payment. Therefore, Customer agrees to pay Irrisoft interest for amounts unpaid twenty (20) days after the date of the invoice at the rate of 1.5% per month until paid. Acceptance of late or partial payments (even if marked “Paid in Full”) shall not waive any of Irrisoft’s rights to collect the full amount Customer owes to Irrisoft.  For any check or electronic payment returned for nonpayment or for any credit card charge backs, Irrisoft will assess an additional fee of $25.00, or the maximum amount as permitted by applicable law, whichever is less.

 Services Provided by Irrisoft 

While this Agreement is in effect, Irrisoft will:

Through use of the USA Mobility Paging System or other selected commercial wireless paging carrier, broadcast data from Stations to Receivers on an hourly time sequence or as data becomes available;

Advise Customer of any problems with the Stations or Receivers as Irrisoft becomes aware of the same;

Provide programming codes and weather region codes to parties designated by the Customer to enable Receiver activation and data reception.

Obligations of Customer

Customer shall designate who will be responsible for programming the required codes that will enable Receivers to receive wireless activation and to use the signal provided under this agreement.

If for any reason there is no signal being sent to or received by the Receivers, the Customer or the Owner of the Receiver, whichever the case may be, will be responsible to see that the Receivers are programmed with Historical ET data required to operate in backup mode;

Receiver Owners or Customer, whichever the case may be, is responsible to verify that Receivers are reporting signal strength and reliability, and if there are signal reception failures, then the Owner or Customer, whichever the case may be, is responsible to remedy the same, and Irrisoft has no responsibility for the same.

Receiver Owners or Customer, whichever the case may be, are responsible for the installation and setup of the Receivers and to monitor the Receiver output to see that it provides the desired control of the watering.

Services Not Provided By Irrisoft

Irrisoft is not responsible for the accuracy of data being received or transmitted;

Irrisoft provides no monitoring of the frequency of watering, current soil, drainage or other weather conditions, other than transmitting weather data obtained from Stations;

Irrisoft only provides services with Weather Reach or other approved Receivers;

Irrisoft bears no responsibility for the coverage, continuity or strength of the signal provided;

Irrisoft bears no responsibility for each Station’s use of the information transmitted by Irrisoft;

USA Mobility Paging System or Designated Paging Carrier

    If for any reason the USA Mobility Paging System is terminated, canceled, restricted, or temporarily out of service, then Irrisoft will make reasonable efforts to replace or restore the paging system, but Irrisoft cannot warrant the time frame within which or if this can be done.  If a replacement paging system is located, Irrisoft reserves the right to adjust the fees accordingly.

    A failure of or limitation upon the USA Mobility Paging System shall be treated as an “act of God,” for which neither party bears any responsibility or liability whatsoever.

    The signal coverage areas are beyond the control of Irrisoft.  Service is only available when Receivers are within range of an antenna.  Coverage maps are only approximations of USA Mobility wireless coverage area outdoors; actual service coverage and quality may vary. There may be gaps in Service within the estimated coverage areas shown on coverage maps.  Even within a coverage area, factors, such as: network changes, emergencies, traffic volume, transmission limits, service outages, technical limitations, signal strength, Customer’s equipment, interconnecting carriers, terrain, structures, weather and other conditions (without limit) may interfere with actual service, quality and availability.  Irrisoft is not liable for any Service limits, failures or outages.

    Disclaimer of Warranties

    Irrisoft makes no express or implied warranties with respect to the Service, and hereby expressly disclaims the warranties of merchantability and fitness for a particular purpose.

    Acceptable Use

    Customer’s use of the Service is limited to appropriate use of the weather signal and data broadcast to Receivers.

    Service Unavailability

    If service is unavailable for more than seventy-two (72) continuous hours due to Irrisoft’s fault, Irrisoft will give Customer a pro rata daily credit for the period Customer is without service.  To receive such credit, Customer must notify Irrisoft in writing within thirty (30) days after the first bill is received for the period during which the interruption started.

    Assignment

    Irrisoft may assign, in whole or in part, its rights or duties under this Agreement to any assignee.  Subject to the restrictions herein, this Agreement shall apply to, inure to the benefit of, and be binding upon the successors and assignees of the respective parties.

    Default of Customer

    Customer will be in default under the Agreement if Customer: (a) does not pay any sum when due, (b) breaches the Agreement or any other agreement between Customer and Irrisoft, (c) becomes the subject of any proceeding under the Bankruptcy Code or (d) becomes insolvent.  In all cases, Customer is responsible for payment of all charges and fees due to Irrisoft under the Agreement (including any charges after a Bankruptcy filing), which charges will be immediately due and payable. 

    Remedies

    If Customer is in default, Irrisoft may exercise any and all legal remedies available to Irrisoft by applicable laws.  Additionally, Irrisoft is entitled to all past due payments and Irrisoft may accelerate and require Customer to immediately pay Irrisoft the future payments due under the Agreement present valued at the discount rate of six percent (6%) to the date of default.  If the default is capable of cure, Irrisoft shall not terminate the Service without giving Customer ten (10) days written notice of the default and an opportunity to cure.  If Customer fails to cure, Irrisoft may suspend or cancel Service and terminate the Agreement and any other agreements between Irrisoft and Customer and the Services provided under those agreements without further notice.  Irrisoft’s remedies under the Agreement are not exclusive but are in addition to all other remedies provided by law and in equity.

    Default of Irrisoft and Remedies of Customer

    Customer waives any defect or nonperformance in the Services furnished under this Agreement, in Contract or in tort, except arising from the gross negligence or intentional acts of Irrisoft, its agents or employees, and in any event Customer shall not be entitled to claim any loss of revenue or profit or any other direct, incidental or consequential damages against Irrisoft.  If Customer claims a default by Irrisoft, Customer shall give Irrisoft thirty (30) days written notice of the default and if Irrisoft fails to cure the default within the thirty (30) day period, Customer’s sole remedy is to cancel this Agreement and to receive a refund for any services not provided through the fault of Irrisoft but prepaid by Customer.

    Indemnification

    Customer hereby agrees to defend, pay, indemnify and save free and harmless Irrisoft, from and against any and all claims, demands, fines, suits, actions, proceedings, orders, decrees and judgments of any kind or nature by or in favor of anyone whomsoever and from and against any and all costs and expenses, resulting from or in connection with loss of life, bodily or personal injury or property damage arising, directly or indirectly, out of or from the Services provided herein, except to the extent caused solely by the gross negligence or intentional acts of Irrisoft.

    Notices

    All notices required or permitted to be given hereunder shall be in writing and shall be valid and sufficient if dispatched by (a) registered or certified mail, postage prepaid, in any Post Office in the United States; (b) hand delivery; (c) overnight courier; or (d) facsimile transmission upon confirmation of receipt by the recipient.

                            If to Irrisoft:     
                            Irrisoft Inc.      
                            P.O. Box 6266
                            North Logan, Utah 84341

                            If to Customer:
                            To address provided by the
                            Customer Account Setup

    Severability

    Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be held by a court of competent jurisdiction or by a duly appointed arbitrator to be invalid or unenforceable under applicable law, such provision shall be ineffective only to the extent of its invalidity or unenforceability, and the remainder of such provision and the remaining provisions of this Agreement shall remain in full force and effect.

    Tax

    If any federal, state or local government tax, fee, duty, or surcharge (collectively referred to as a “Tax”) is required by applicable law to be collected from Customer by Irrisoft, then (a) Irrisoft shall bill Customer for such Tax, (b) Customer shall timely remit such Tax to Irrisoft, and (c) Irrisoft shall, where applicable, remit such collected Tax to the appropriate taxing authority. If Irrisoft does not collect a Tax because Customer has provided Irrisoft with evidence of exemption, and if such as an exemption is later determined to be inadequate, then, as between Irrisoft and Customer, Customer shall be liable for such uncollected Tax and for all interest, penalties and additions to Tax which are determined to be due with respect to such uncollected Tax.

    Arbitration

    Any controversy or claim arising out of or relating to this Agreement shall be resolved by binding arbitration at the request of either party.  The American Arbitration Association shall administer the arbitration, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.  The exclusive location for the arbitration is in Logan, Cache County, Utah.  Both parties acknowledge that this Agreement is a transaction involving interstate commerce, and is therefore governed by the Federal Arbitration Act. By agreeing to arbitration, both parties are waiving their right to litigate in court including any right to a jury trial. The parties agree that all claims shall be treated individually and there shall be no consolidation of claims or class actions.

    Governing Laws / Choice of Law

    This Agreement will be governed under the laws of the State of Utah.

    Attorney Fees

    The parties agree that should either default in any of the covenants or agreements contained herein, the defaulting party shall pay all costs and expenses, including a reasonable attorney’s fee, which may arise or accrue from enforcing this Agreement or in pursuing any remedy provided hereunder or pursuant to law or equity.