1. For MONITORING SERVICES ONLY, subscriber shall select a rate plan, billed on a pre-paid cycle. Upon completion of the pre-paid billing cycle, billing will convert to a month to month plan at the then prevailing rate until such time subscriber cancels services, or a new plan is selected by subscriber online.
2. For COMPLETE NEW ALARM SYSTEM SERVICES WITH MONITORING, subscriber is aware that they are required to commit to a minimum of one year of paid monitoring services, above any free monitoring services that may be included with any alarm package offered. If full installation is ordered, said one year monitoring will be pre-paid at the current month to month rate. If Installation is provided by contractor, installation shall take place within 30 days of equipment order and will be done during regular business hours on regular business days. If installation is requested outside those times, additional fees may apply.
3.Contractor is not an insurer and does not provide you, the Subscriber, insurance for property loss and or damages, personal injury or loss. Subscriber is responsible for all insurance coverage for the premises or its contents. Payments made under this contract are solely based on the value of the electronic protective system(s) and services as set forth in this agreement for services. Payments are unrelated to the value of the Subscriber's property or the property of others located on said property.
4. Subscriber will not hold Contractor, its agents and or assigns liable for any damage, injury or loss Subscriber may have sustained due to a malfunction of the system or dispatching errors, regardless of the cause of such errors. Contractor assumes no liability for interruption of performance of said system regardless of cause and makes no guarantee or warranty including any implied warranty of merchantability or fitness, as to the type of intruder(s) or emergency that the system(s) are intended to detect.
5. In the event that a failure of performance of its obligations under this agreement is determined to be the responsibility of Contractor, its agents, or employees, subscriber agrees to limit damages to no more than one hundred fifty dollars ($150.00). This amount is to be considered by the parties to this agreement as liquidated damages.
6. Contractor has no physical control of the electronic protective system(s) and acknowledges that it is the Subscribers sole responsibility to verify proper operation of the system(s) by daily testing the system(s). Testing shall include but is not limited to: walk testing all equipment, testing all signals into monitoring center and immediately reporting to contractor any claimed inadequacy in or failure of the electronic protective system(s). If the inadequacy or failure reported is not responded to the satisfaction of the Subscriber, Subscriber agrees to notify contractor by certified mail within FIVE (5) days of the last contact with Contractor or its designated agent.
7. Subscriber agrees and understands that it is their responsibility to comply with any governmental restrictions, permits, conditions or regulations covering this system and agrees to pay in advance, or reimburse Contractor for any payments on behalf of Subscriber for any fees, assessments and or fines as may be determined in accordance with those applicable governmental restrictions, permits, conditions or regulations.
8. Any future service or alterations provided to Subscriber by any party shall be considered an addition to this agreement and shall be incorporated into this document, and shall be subject to the same terms and conditions as fully set forth here.
9. THIS AGREEMENT DOES NOT INCLUDE MAINTENANCE. Any maintenance is additional and Subscriber agrees to any said maintenance to be at standard service rates separate from this agreement for both parts and labor.
10. If service is a monitoring only type, Contractor may either send Subscriber a diverter or provide a download attempt to convert the alarm into Contractors monitoring center. Subscriber agrees to diligently work closely with Contractor to complete the conversion process. If the Subscriber cancels services BEFORE the account is converted, regardless of reason the conversion or set-up fee is still due and payable. Shipping, handling and set-up fees are not refundable if the service was ever started or not, regardless of reason.
11. Contractor does not guarantee system to be monitored or repaired on any specific dates or times, therefore assumes no liability for delay in the installation or set-up or repairs of this system and Subscriber is aware that monitoring of the system may not be in effect for up to 5 business days following initial connection, service or alterations o said system.
12. Subscriber is aware that the system must use Subscriber's phone line to transmit signals to a central monitoring station by dialing a special phone number. Blocking, Restricting, Suspension, Disconnection or interference of phone line or services may cause loss of signaling ability without notice to the central monitoring station. Phone disconnection protection is available at an additional cost from Contractor under separate Agreement. Subscriber is responsible for any company phone charges. In the event a telephone interface is required, an additional fee may be charged.
13. Subscriber consents to all telephone communications through central monitoring station being recorded and authorizes any employee, resident or emergency subscriber full authority to issue instructions in regards to operation, installation, or service of the system unless specified otherwise in writing.
14. Subscriber aware that monitoring services provided under this agreement do not include supervisory signals, including but not limited to opening, closing or auto tests. Transmission of these type of signals or receipt of excessive signals of any type will cause Contractor to access additional fees against Subscribers account.
15. Subscriber is obligated to payments for services, regardless if their system is used or not.
16. Subscriber agrees to have all payments placed either on automatic credit card payments, or by electronic funds transfer. Should an attempt to collect said payment fail due to a declined or N.S.F. status, Subscriber agrees to pay a re-billing fee.
17. Upon completion of the initial pre-paid billing cycle, billing will convert to a month to month plan at the then prevailing rate until such time subscriber either selects a renewal plan, or unless written cancellation notice SENT BY CERTIFIED MAIL to Contractor at their place of business, a minimum of 60 days prior to the last day of any given calendar month of the intended date of monitoring cancellation.
18. Upon cancellation of this service, or in the event Subscriber fails to make the payment agreed to in this agreement, Contractor may, at its option, remove or disable any equipment owned by Contractor or suspend or discontinue all services including, but not limited to monitoring service. Should any property of Contractors not be returned within 14 days of this agreements cancellation, regardless of cause, Subscriber to make full payment for retail value set forth for missing or non returned equipment.
19. Subscriber shall not transfer this agreement to any other party. Transfer of this agreement can only be made by Contractor and will not be in effect unless new Subscriber contracts with Contractor by executing a replacement agreement.
20. Any claims for breach of this agreement or breach of any express or implied warranties of fitness or merchantability must be communicated IN WRITING, SENT BY CERTIFIED LETTER, TO THE CONTRACTOR WITHIN FIVE (5) DAYS OF THE ALLEGED BREACH. FAILURE TO DO SO WILL RESULT IN SUBSCRIBERS FULL AND COMPLETE WAIVER OF ANY DEFENSES IT MAY HAVE AS A RESULT OF THE ALLEGED BREACH.
21. Subscriber agrees to pay any reasonable attorney's fees and costs incurred by Contractor in enforcing its rights under this agreement, whether or not suit is instituted.
22. Subscriber consents and agrees to settle all claims that may arise under this agreement in accordance with the laws of the State of Washington. The parties to this agreement consent to EXCLUSIVE VENUE for such action to be King County, Washington.
23. This agreement constitutes the entire agreement between the parties and is intended as a final expression of that agreement. This agreement supersedes all prior representations, understandings or agreements, and the parties may rely only upon the contents of this agreement in executing it. This agreement may only be modified in writing by both parties or by an authorized agent of the same.
24. Title to all property installed and not purchased outright by Subscriber under this agreement to remain in Contractors name.
25. Time is of the essence in this agreement.
26. Any past due balances shall bear the interest rate of 1.5% per month, or the maximum allowable rate by law.
27. This agreement and its terms may be assigned or transferred without Customers prior consent to a third or new party.
28. If any part of this agreement is invalid or unenforceable, it shall not effect the remaining terms, obligations, or requirements set forth in the remainder of this agreement.
29. In the event any person, not a party to this agreement, shall make a claim or file a lawsuit of any kind against Contractor for any reason relating to Contractors duties or obligations pursuant to all aspects of performing this agreement, Subscriber to indemnify, defend and hold harmless the Contractor from any and all claims.
30. Upon completion of service, contractor may at their option remove their property at prevailing service rates. Contractor is not responsible for any repairs required after equipment or wiring removal.
31. Subscriber is aware of all terms and conditions of this agreement and has read this agreement including all provisions with full understanding of all conditions and meaning of each condition set forth and knowingly accepts this agreement in full as an individual and as an authorized representative to any business, corporation, if said business or corporation is a part of this agreement. This agreement constitutes the entire agreement between the Subscriber and Contractor. No other agreements, guarantees or warranties, real or implied are in effect.
32. If Subscriber cancels set-up or installation ofor any reason what so ever, other than contractors inability to install or convert the alarm system, there shall be no refund of any set-up or shipping or handleing fees as well as a 25% restocking fee for any equipment returned.