Texas Monitoring Services Agreement
DIY systems or “Do it yourself systems” hereinafter referred to as “DIY”, are systems that a customer installs on their own, without help from ALS. Alarm Link can provide installation or repair services for the System but shall only do so for a fee of $65 per hour for service and $99 for installation. You shall provide and maintain adequate power for all equipment relating to the System.
2. Payment for Services. Subscriber shall pay Alarm Link the periodic service charge in advance. You authorize Alarm Link to charge your credit/debit card for the periodic (e.g., monthly, quarterly or annually) service charge when due. If charges are declined, Alarm Link shall resubmit the charges for approval and notify you of the declined charges by e-mail while continuing to provide Emergency Dispatch Services for ten (10) days. If the charges are not approved and you do not make payment, Alarm Link may, in its sole discretion, discontinue services without notice at or after the end of the ten (10) day period. If Subscriber otherwise does not pay any charges when due, Alarm Link may, in its sole discretion, terminate this Agreement and/or discontinue services without notice.
2.1 Finance and Late Charges. Invoices are due upon receipt. You agree to pay a finance charge of the lesser of (i) one and one-half (1-1/2%) percent per month (eighteen percent (18%) per year) or (ii) the maximum rate permitted under applicable law, for all charges not paid within thirty (30) days of the invoice date. In addition, you shall pay an administrative fee (late charge) of 5% of any invoice not paid (as agreed upon damages and not a penalty) within thirty (30) days of the invoice date, provided the imposition of such fee (together with the finance charge listed above) is permitted and not deemed to exceed the maximum charge permitted under applicable law
2.2 If at any time, Customer cancels or discontinues any of the SecureNet Technologies Services or SecureNet Technologies-ready Products, or if the SecureNet Technologies Services become unavailable at your location, Customer will not have the right to a refund, return, or any other recourse with respect to any SecureNet Technologies Services or SecureNet Technologies-ready Products, except if and to the extent required by law.
2.3 Additional Equipment or Services. You have selected the System based on your personal considerations (i.e., cost, the condition of the Premises, insurance requirements, etc.). Additional equipment or services, at additional cost, may provide increased detection. You agree that any additional equipment or services provided by Alarm Link shall be subject to this Agreement. You also agree to pay Alarm Link for such additional equipment or services. Your municipality may require a license or permit or the payment of taxes in connection with the installation, use or monitoring of the System. You are solely responsible for complying with such obligations and providing Alarm Link with any then current license or permit number.
3. LIMITED WARRANTY
3.1 If a DIY system has been installed by the customer, we offer a 1-year limited warranty on equipment only. A FREE system check can be requested within the first 60 days of customer installation to ensure the system is functioning properly.
3.2 There will be NO advance replacement on defective equipment. For defective equipment you must either mail or deliver to us (at our principal place of business) the defective equipment. Once it is determined the equipment is defective, you will be mailed a new piece of equipment. If you wish, you can purchase a new device to replace the defective device and once we have examined and returned to the manufacturer you will be credited the cost of the device on your monitoring account.
3.3 Extended Limited Warranty. For as long as subscriber continues to have the security system under this agreement monitored by ALS (must be current on monitoring), we will repair or replace any warranted defective part of the system that we installed without char to you. (A $25.00 trip charge will apply)
3.3A Extended Limited Warranty on Existing Security Devices. We will NOT provide an Extended Limited Warranty on existing security devices that are compatible with our control panel even if these devices are in working order. Any compatible devices that are not in working order will need to be replaced at the customer’s expense prior to being connected to the control panel. Existing devices that are defective or non-working devices that are not repaired or replaced at customer’s expense will NOT be connected to the control panel and will NOT be included in the Extended Limited Warranty. (A $25.00 trip charge will apply)
3.4 what is not included this limited warranty does not cover batteries, keyfobs/remotes, customer remodel, or devices not monitored by our central station. we make no other express warranty including any warranty of merchantability of the system or its fitness for any special purpose. We do not warrant that the system will always detect, or help prevent, any burglary, fire, hold-up or other such event. we do not warrant that the system cannot be defeated or compromised or that it will always operate. this limited warranty does not cover repairs that are needed because of an accident, physical damage, acts of nature, your failure to properly use the system, or if someone other than us attempts to repair or change the system, or any other reason except a defect in the equipment or its installation. we are not liable for consequential or incidental damages. all implied warranties are limited in duration to the term of the express limited warranty specified in this agreement. you agree that this is our only warranty and we have given you no other warranty for the system.
3.5 If your system was installed by us, for 60 days after installation, we will repair or replace any defective part of the system that we installed without charges to you.
3.6 Customer fully acknowledges and agrees that Customer shall test the system on a weekly basis to ensure full operability. Failure to properly test the system on a weekly basis shall result in Alarm Link indemnifying the Service and Hardware provider from any liability.
4. MONITORING SERVICE. The system will be connected to our central station, United Central Control (” Ucc” ). We use enhanced call verification (1-call) for processing burglar alarm signals. When a burglar alarm signal from the alarm system is received, UCC will first try to telephone your premises or telephone the first person on your emergency call list, and if there is no answer to this call or the person contacted indicates that an emergency exists, UCC will attempt to notify the police department, and will also attempt to contact someone on your call list to advise them that the police have been notified. When a fire alarm, hold-up alarm or duress alarm signal is received, UCC will attempt to notify the police or fire department or other emergency personnel and the first available person on the emergency call list. When a nonemergency signal is received, UCC with attempt to contact the premises or the first available person on your emergency call list but will not notify emergency authorities. UCC may choose not to notify emergency personnel if it has reason to believe that an emergency condition does not exist. You and us are obligated to comply with all notification and response requirements imposed by governmental agencies having jurisdiction over your system. We may discontinue or change any particular response service due to governmental or insurance requirements by giving you written notice. You consent to the tape recording if all telephonic communications between your premises and our offices, including UCC. If your police or fire department now or in the future requires physical or visual verification of an emergency condition or impose other requirements before responding to a request for assistance, you agree to subscribe to such service if provided by us, or otherwise comply with such requirements. We may charge an additional fee for such services. THE CITY OR COUNTY IN WHICH YOUR HOME IS LOCATED MAY REQUIRE THAT YOU OBTAIN A PERMIT FOR THE USE AND MONITORING OF THE SYSTEM. LOCAL AUTHORITIES MAY NOT RESPOND TO ALARM NOTIFICATIONS UNTIL ALL PERMITS OR LICENSES FOR USE OF THE SYSTEM HAVE BEEN OBTAINED, AND THEREFORE UCC may not begin monitoring until you have obtained at your expense all necessary permits or licenses and provide us with the license or permit number. Upon connection of the monitoring service, we will thoroughly instruct you in the proper use of the system.
5. Increase in Monitoring rate. Alarm Link may increase periodic recurring charges at any time under this Agreement by sending the notice to you by email to the email address on file with Alarm Link for your current online account.
6. Transmission Lines:
6.1 Cellular or Radio Transmission. If cellular or radio transmissions is used as a primary or secondary transmission path, the communicator is connected to a cellular or radio network. The use of cellular or radio systems may be controlled by the public utilities agency of your state, and the Federal Communications Commission and changes in rules, regulations and policies may necessitate our discontinuing or changing such may be impaired or interrupted by atmospheric conditions, including electrical storms, power failures or other conditions and events beyond our control.
6.2 Internet Transmission. If the Internet is used as a primary or secondary transmission path, the communicator is connected to the Internet. You will pay for all Internet provider charges including any installation fee for an internet modem or similar device. In order for the System to transmit signals, it must have uninterrupted access to an Internet connection. We make no representations or warranties as to how fast a signal will be received at the Central, because signal transmission speed may be affected by Internet traffic or other causes beyond our control. You further acknowledge that signals are transmitted over the Internet, which is wholly beyond our control and is maintained and serviced, solely by the applicable Internet service provider.
6.3 Standard Telephone Service. If standard telephone service is used as the transmission path, the communicator is connected to your standard landline telephone service. The System will not work on standard cellular telephone service. You will pay for all telephone charges including any installation fee for a special jack to connect the System to your telephone service. For fire alarm systems two separate telephone lines dedicated to the System may be required. We recommend the use of an RJ31X or equivalent telephone jack to give the System priority over other telephones on your premise; however, when the System is activated, you will be unable to use your telephone to make other calls (such as calls to the 911 emergency operator), and therefore, you may wish to have the System connected to a telephone line not used for voice calls. You agree to reimburse us for any costs we may incur to reprogram the System’s communication devices because of area code changes or other dialing pattern changes.
6.4 Transmission Limitations. The use of DSL, BPL, VoIP or other broadband or Internet-based telephone service may prevent the System from transmitting alarm signals to the Central, after it is installed or at any time in the future, and/or interfere with the telephone line-seizure feature of the System. Such services should be installed on a telephone number that is not used for alarm signal transmission. You agree to notify us if you have installed or intend to install DSL, VoIP, BPL or other broadband or Internet service. IMMEDIATELY AFTER THE INSTALLATION OF DSL, VoIP, BPL, OR OTHER BROADBAND OR INTERNET SERVICE YOU MUST TEST THE SYSTEM’S SIGNAL TRANSMISSION WITH THE CENTRAL.
6.5 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH THE UNDERLYING WIRELESS SERVICE PROVIDER (THE “UNDERLYING CARRIER”) OR ITS AFFILIATES OR CONTRACTORS AND THAT YOU ARE NOT A THIRD-PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN ALARM LINK AND THE UNDERLYING CARRIER. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT THE UNDERLYING CARRIER AND ITS AFFILIATES AND CONTRACTORS SHALL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO YOU AND YOU HEREBY WAIVE ANY AND ALL CLAIMS OR DEMANDS THEREFOR.
7. FALSE ALARMS: You agree that you and others using the System, will use it carefully so as to avoid causing false alarms. False alarms can be caused by severe weather or other forces beyond our control. If we receive too many false alarms, that will constitute a breach of contract by you, and we may cancel monitoring and service, disconnect the system from our monitoring facilities and seek to recover damages. If false alarm fine or penalty is charged against you or us by an governmental agency, you will pay the charge or repay us for the charge as the case may be.
8. CLIENT’S DUTIES: You will instruct all persons who may use the System on its proper testing and use. You will test the System’s protective devices and send test signals to the Central in accordance with our instructions on a weekly basis. If a problem in the System occurs, you will notify us immediately. You will obtain and keep in effect all permits or licenses that may be required for the installation and operation of the System. You will complete the call list, including the name and telephone number of each person we may call in the event we believe there is an emergency at your premises. You will notify us in writing of any changes in the call list or other information you provide to us. You agree that we may give the information you provide to us to any governmental agency having authority over the System or our service. If the System includes any wireless devices, you will replace the batteries as needed at least once each year. You are solely responsible for making sure your fire protection devices are compliant with federal, state and local laws.You can find more information from the National Fire Protection Association at www.nfpa.org.
9. SUSPENSION OR CANCELLATION OF THIS AGREEMENT: You understand that Alarm Link may stop or suspend the installation or monitoring and repair service if: (a) Strikes, severe weather, earthquake or other such events beyond our control affect the operation of the Central or so severely damage your home that continuing service would be impractical. (b) There is an interruption of unavailability of the telephone service between the System and the Central. (c) You do not pay the service charge due to us, after we have given you ten (10) days’ notice that we are canceling service because of non-payment. We may charge a reconnection fee if service is suspended for non-payment. (d). We are unable to provide service because of some action or ruling by any governmental authority. (e) You become a debtor in a bankruptcy proceeding. If service is canceled or terminated for any reason, you will permit us or our subcontractors to enter your home to disconnect your system from our monitoring equipment and remove the communicator and all of our signs and decals from your home. (Failure to permit us to access the System for removal will result in you being charge $250 which you agree is the fair value of the equipment.) YOU UNDERSTAND THAT THE ALARM SYSTEM MAY NOT WORK WITH EQUIPMENT USED BY OTHER ALARM COMPANIES OR MONITORING CENTERS.
10. ASSIGNEES AND SUBCONTRACTORS: We may transfer or assign this agreement to any other alarm company, or financial institution as loan collateral. You may not transfer this agreement to someone else (including someone who purchases or rents your home) unless we approved the transfer in writing which consent will not be unreasonably withheld. We may use subcontractors to provide installation, repair, monitoring, or other services. This agreement and particularly Sections 12 and 13, shall apply to the work they perform and protect our assignees and subcontractors in the same manner as it applies to and protects us.
11. CHANGES TO THE SYSTEM: If you or any governmental agency or insurance interest wants us to change the system described in the Sales Order, or change it after it is installed, you agree to pay our standard parts and labor charges for such changes. YOU AGREE THAT YOU HAVE CHOSEN THIS SYSTEM AND YOU UNDERSTAND THAT ADDITIONAL OR DIFFERENT PROTECTION IS AVAILABLE FOR A HIGHER PRICE.
12. WE ARE NOT AN INSURER/LIMITATION OF LIABILITY: LIQUIDATED DAMAGES: YOU UNDERSTAND THAT: (A) WE ARE NOT AN INSURER OF YOUR HOME, YOUR PROPERTY OR THE PERSONAL SAFETY OF PERSONS IN YOUR HOME; (B) YOU WILL PROVIDE ANY INSURANCE ON YOUR HOME AND ITS CONTENTS; (C) THE AMOUNT YOU PAY TO US IS BASED ONLY ON THE VALUE OF SERVICE WE PROVIDE AND NOT ON THE VALUE OF YOUR PREMISES OR ITS CONTENTS; (D) ALARM SYSTEMS AND OUR MONITORING SERVICE MAY NOT ALWAYS OPERATE PROPERLY FOR VARIOUS REASONS; (E) IT IS DIFFICULT TO DETERMINE IN ADVANCE THE VALUE OF THE PROPERTY THAT MIGHT BE LOST, STOLEN OR DESTROYED IF THE SYSTEM OR OUR SERVICE FAIL TO OPERATE PROPERLY; (F) IT IS DIFFICULT TO DETERMINE HOW FAST THE POLICE OR FIRE DEPARTMENT OR OTHERS WOULD RESPOND TO AN ALARM SIGNAL; (G) IT IS DIFFICULT TO DETERMINE WHAT PORTION, IF ANY, OF ANY PROPERTY LOSS, PERSONAL INJURY OR DEATH WOULD BE PROXIMATELY CAUSED BY OUR FAILURE TO PERFORM, OUR NEGLIGENCE, OR A FAILURE OF THE SYSTEM OR SERVICE. THEREFORE YOU AGREE: EVEN IF A COURT DECIDES THAT OUR BREACH OF THIS AGREEMENT, A FAILURE OF THE SYSTEM, OR OUR NEGLIGENCE, OR A FAILURE OF THE INSTALLATION, MONITORING OR REPAIR SERVICE CAUSED OR ALLOWED ANY HARM OR DAMAGE (WHETHER PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) TO YOU OR ANYONE IN YOUR HOME, YOU AGREE THAT OUR LIABILITY SHALL BE LIMITED TO $250.00, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, AND SHALL BE YOUR ONLY REMEDY REGARDLESS OF WHAT LEGAL THEORY IS USED TO DETERMINE THAT ALARM LINK WAS LIABLE FOR THE INJURY OR LOSS.
13. THIRD PARTY INDEMNIFICATION AND NOSUBROGATION: If anyone other than you, asks us to pay for any harm or damages (including property damage, personal injury or death) connected with or resulting from (i) a failure of the alarm system or services, (ii) our negligence, (iii) any other improper or careless activity of Alarm Link in providing the alarm system or services, or (iv) a claim for indemnification or contribution, you will repay to us (a) any amount which a court orders us to pay or which we reasonably agree to pay, and (b) the amount of our reasonable attorney’s fees and any other loss and/or costs that we may pay in connection with the harm or damages. Your obligation to pay us for such harm or damages shall not apply if the harm or damages happens while one of our employees or subcontractors is in or about your home, and such harm or damages is solely caused by that employee or subcontractor. Unless prohibited by your property insurance policy, you agree to release us from any claims of any parties suing through your authority or in your name, such as your insurance company, and you agree to defend us against any such claim.
14. LIMITATION ON LAWSUITS; JUDICIAL REFERENCE: Where permitted by law, both Alarm Link and Customer agree that not lawsuit or any other legal proceeding connected with this agreement shall be brought or filed more than one year (only applicable where permitted by law) after the incident giving rise to the claim occurred. IN ADDITION, WHERE PERMITTED BY LAW, ANY SUCH LEGAL PROCEEDING SHALL NOT BE HEARD BEFORE A JUTY; AND EACH PARTY GIVES UP ANY RIGHT TO A JURY TRIAL.
15. Entire Agreement: The entire and only agreement between you and Alarm Link is written in this Agreement. It replaces any earlier oral or written understandings and agreements. It may only be changed by a written agreement signed by your (and if married, your spouse) and us. IT MAY NOT BE CHANGED BY ANY ORAL STATEMENTS OR REPRESENTATIONS MADE BY THE CONSULTANT. If you have given or ever give us a purchase order for the system or service which provides for different terms than this agreement, this agreement will govern and be controlling. If any provision of this agreement is found to be invalid or illegal by a court, the balance of the agreement shall remain in force. You agree that a copy of this Agreement and the signatures affixed hereto transmitted and delivered by facsimile, or electronic mail shall be deemed to be originals for all purposes. You agree that we may save and store all contracts and other documents executed by Customer in an electronic media and all such contracts and other documents shall be deemed to be, and may be used by us as, originals and shall be given the same force and effect as the paper-form originals.
16. INFORMATION AND PRIVACY. You understand and agree that in conjunction with employee training, quality control and the provision of services, we may monitor and/or electronically record video and audio related to monitored activity at your location, as well as conversations with you, emergency services providers, and law enforcement personnel. Further, you understand that privacy cannot be guaranteed on telephone, cable and computer systems, and we shall not be liable to you for any claims, loss, damages, or costs which may result from a lack of privacy experienced. You consent to us (i) using information about you and your location(collectively, “information”) to administer services, offer you new products or services, enforce the terms of this Agreement, prevent fraud and respond to regulatory and legal requirements, (ii) provide information, including information contained on your emergency information to law enforcement or fire service personnel for the purpose of providing services hereunder or in response to a subpoena or other such legal process, and (iii) using and sharing aggregate customer information and statistics that do not include information that identifies you personally. Except as required to provide the services that you have selected, we will not otherwise monitor your premises.
LIFE SAFETY NOTICE: IF YOU PURCHASED A SYSTEM THAT INCLUDES SMOKE DETECTORS OR CARBON MONOXIDE DETECTORS, OR IF YOU ADD SMOKE DETECTORS OR CARBON MONOXIDE DETECTORS AT A LATER TIME, THERE MAY BE SPECIFIC REQUIREMENTS OR STANDARDS FOR THE INSTALLATION, MAINTENANCE AND LOCATION OF SUCH DETECTORS. CONTACT YOUR LOCAL AUTHORITY HAVING JURISDICTION OR CONSULT A QUALIFIED PROFESSIONAL TO ASSIST IN THE INSTALLATION, MAINTENANCE AND LOCATION OF SUCH DETECTORS. YOU HAVE SOLE RESPONSIBILITY FOR COMPLYING WITH ANY AND ALL CODES, LAWS AND STANDARDS THAT MAY APPLY TO THE INSTALLATION, PLACEMENT AND MAINTENANCE OF THE SYSTEM.
STATE LICENSES. Texas TX-B10138 (security) ACR-1676065 (fire) Company’s operating license is issued by the Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Capitol Station, Austin, Texas 78711, (512) 475-3944
2. Payment for Services. Subscriber shall pay Alarm Link the periodic service charge in advance. You authorize Alarm Link to charge your credit/debit card for the periodic (e.g., monthly, quarterly or annually) service charge when due. If charges are declined, Alarm Link shall resubmit the charges for approval and notify you of the declined charges by e-mail while continuing to provide Emergency Dispatch Services for ten (10) days. If the charges are not approved and you do not make payment, Alarm Link may, in its sole discretion, discontinue services without notice at or after the end of the ten (10) day period. If Subscriber otherwise does not pay any charges when due, Alarm Link may, in its sole discretion, terminate this Agreement and/or discontinue services without notice.
2.1 Finance and Late Charges. Invoices are due upon receipt. You agree to pay a finance charge of the lesser of (i) one and one-half (1-1/2%) percent per month (eighteen percent (18%) per year) or (ii) the maximum rate permitted under applicable law, for all charges not paid within thirty (30) days of the invoice date. In addition, you shall pay an administrative fee (late charge) of 5% of any invoice not paid (as agreed upon damages and not a penalty) within thirty (30) days of the invoice date, provided the imposition of such fee (together with the finance charge listed above) is permitted and not deemed to exceed the maximum charge permitted under applicable law
2.2 If at any time, Customer cancels or discontinues any of the SecureNet Technologies Services or SecureNet Technologies-ready Products, or if the SecureNet Technologies Services become unavailable at your location, Customer will not have the right to a refund, return, or any other recourse with respect to any SecureNet Technologies Services or SecureNet Technologies-ready Products, except if and to the extent required by law.
2.3 Additional Equipment or Services. You have selected the System based on your personal considerations (i.e., cost, the condition of the Premises, insurance requirements, etc.). Additional equipment or services, at additional cost, may provide increased detection. You agree that any additional equipment or services provided by Alarm Link shall be subject to this Agreement. You also agree to pay Alarm Link for such additional equipment or services. Your municipality may require a license or permit or the payment of taxes in connection with the installation, use or monitoring of the System. You are solely responsible for complying with such obligations and providing Alarm Link with any then current license or permit number.
3. LIMITED WARRANTY
3.1 If a DIY system has been installed by the customer, we offer a 1-year limited warranty on equipment only. A FREE system check can be requested within the first 60 days of customer installation to ensure the system is functioning properly.
3.2 There will be NO advance replacement on defective equipment. For defective equipment you must either mail or deliver to us (at our principal place of business) the defective equipment. Once it is determined the equipment is defective, you will be mailed a new piece of equipment. If you wish, you can purchase a new device to replace the defective device and once we have examined and returned to the manufacturer you will be credited the cost of the device on your monitoring account.
3.3 Extended Limited Warranty. For as long as subscriber continues to have the security system under this agreement monitored by ALS (must be current on monitoring), we will repair or replace any warranted defective part of the system that we installed without char to you. (A $25.00 trip charge will apply)
3.3A Extended Limited Warranty on Existing Security Devices. We will NOT provide an Extended Limited Warranty on existing security devices that are compatible with our control panel even if these devices are in working order. Any compatible devices that are not in working order will need to be replaced at the customer’s expense prior to being connected to the control panel. Existing devices that are defective or non-working devices that are not repaired or replaced at customer’s expense will NOT be connected to the control panel and will NOT be included in the Extended Limited Warranty. (A $25.00 trip charge will apply)
3.4 what is not included this limited warranty does not cover batteries, keyfobs/remotes, customer remodel, or devices not monitored by our central station. we make no other express warranty including any warranty of merchantability of the system or its fitness for any special purpose. We do not warrant that the system will always detect, or help prevent, any burglary, fire, hold-up or other such event. we do not warrant that the system cannot be defeated or compromised or that it will always operate. this limited warranty does not cover repairs that are needed because of an accident, physical damage, acts of nature, your failure to properly use the system, or if someone other than us attempts to repair or change the system, or any other reason except a defect in the equipment or its installation. we are not liable for consequential or incidental damages. all implied warranties are limited in duration to the term of the express limited warranty specified in this agreement. you agree that this is our only warranty and we have given you no other warranty for the system.
3.5 If your system was installed by us, for 60 days after installation, we will repair or replace any defective part of the system that we installed without charges to you.
3.6 Customer fully acknowledges and agrees that Customer shall test the system on a weekly basis to ensure full operability. Failure to properly test the system on a weekly basis shall result in Alarm Link indemnifying the Service and Hardware provider from any liability.
4. MONITORING SERVICE. The system will be connected to our central station, United Central Control (” Ucc” ). We use enhanced call verification (1-call) for processing burglar alarm signals. When a burglar alarm signal from the alarm system is received, UCC will first try to telephone your premises or telephone the first person on your emergency call list, and if there is no answer to this call or the person contacted indicates that an emergency exists, UCC will attempt to notify the police department, and will also attempt to contact someone on your call list to advise them that the police have been notified. When a fire alarm, hold-up alarm or duress alarm signal is received, UCC will attempt to notify the police or fire department or other emergency personnel and the first available person on the emergency call list. When a nonemergency signal is received, UCC with attempt to contact the premises or the first available person on your emergency call list but will not notify emergency authorities. UCC may choose not to notify emergency personnel if it has reason to believe that an emergency condition does not exist. You and us are obligated to comply with all notification and response requirements imposed by governmental agencies having jurisdiction over your system. We may discontinue or change any particular response service due to governmental or insurance requirements by giving you written notice. You consent to the tape recording if all telephonic communications between your premises and our offices, including UCC. If your police or fire department now or in the future requires physical or visual verification of an emergency condition or impose other requirements before responding to a request for assistance, you agree to subscribe to such service if provided by us, or otherwise comply with such requirements. We may charge an additional fee for such services. THE CITY OR COUNTY IN WHICH YOUR HOME IS LOCATED MAY REQUIRE THAT YOU OBTAIN A PERMIT FOR THE USE AND MONITORING OF THE SYSTEM. LOCAL AUTHORITIES MAY NOT RESPOND TO ALARM NOTIFICATIONS UNTIL ALL PERMITS OR LICENSES FOR USE OF THE SYSTEM HAVE BEEN OBTAINED, AND THEREFORE UCC may not begin monitoring until you have obtained at your expense all necessary permits or licenses and provide us with the license or permit number. Upon connection of the monitoring service, we will thoroughly instruct you in the proper use of the system.
5. Increase in Monitoring rate. Alarm Link may increase periodic recurring charges at any time under this Agreement by sending the notice to you by email to the email address on file with Alarm Link for your current online account.
6. Transmission Lines:
6.1 Cellular or Radio Transmission. If cellular or radio transmissions is used as a primary or secondary transmission path, the communicator is connected to a cellular or radio network. The use of cellular or radio systems may be controlled by the public utilities agency of your state, and the Federal Communications Commission and changes in rules, regulations and policies may necessitate our discontinuing or changing such may be impaired or interrupted by atmospheric conditions, including electrical storms, power failures or other conditions and events beyond our control.
6.2 Internet Transmission. If the Internet is used as a primary or secondary transmission path, the communicator is connected to the Internet. You will pay for all Internet provider charges including any installation fee for an internet modem or similar device. In order for the System to transmit signals, it must have uninterrupted access to an Internet connection. We make no representations or warranties as to how fast a signal will be received at the Central, because signal transmission speed may be affected by Internet traffic or other causes beyond our control. You further acknowledge that signals are transmitted over the Internet, which is wholly beyond our control and is maintained and serviced, solely by the applicable Internet service provider.
6.3 Standard Telephone Service. If standard telephone service is used as the transmission path, the communicator is connected to your standard landline telephone service. The System will not work on standard cellular telephone service. You will pay for all telephone charges including any installation fee for a special jack to connect the System to your telephone service. For fire alarm systems two separate telephone lines dedicated to the System may be required. We recommend the use of an RJ31X or equivalent telephone jack to give the System priority over other telephones on your premise; however, when the System is activated, you will be unable to use your telephone to make other calls (such as calls to the 911 emergency operator), and therefore, you may wish to have the System connected to a telephone line not used for voice calls. You agree to reimburse us for any costs we may incur to reprogram the System’s communication devices because of area code changes or other dialing pattern changes.
6.4 Transmission Limitations. The use of DSL, BPL, VoIP or other broadband or Internet-based telephone service may prevent the System from transmitting alarm signals to the Central, after it is installed or at any time in the future, and/or interfere with the telephone line-seizure feature of the System. Such services should be installed on a telephone number that is not used for alarm signal transmission. You agree to notify us if you have installed or intend to install DSL, VoIP, BPL or other broadband or Internet service. IMMEDIATELY AFTER THE INSTALLATION OF DSL, VoIP, BPL, OR OTHER BROADBAND OR INTERNET SERVICE YOU MUST TEST THE SYSTEM’S SIGNAL TRANSMISSION WITH THE CENTRAL.
6.5 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH THE UNDERLYING WIRELESS SERVICE PROVIDER (THE “UNDERLYING CARRIER”) OR ITS AFFILIATES OR CONTRACTORS AND THAT YOU ARE NOT A THIRD-PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN ALARM LINK AND THE UNDERLYING CARRIER. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT THE UNDERLYING CARRIER AND ITS AFFILIATES AND CONTRACTORS SHALL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO YOU AND YOU HEREBY WAIVE ANY AND ALL CLAIMS OR DEMANDS THEREFOR.
7. FALSE ALARMS: You agree that you and others using the System, will use it carefully so as to avoid causing false alarms. False alarms can be caused by severe weather or other forces beyond our control. If we receive too many false alarms, that will constitute a breach of contract by you, and we may cancel monitoring and service, disconnect the system from our monitoring facilities and seek to recover damages. If false alarm fine or penalty is charged against you or us by an governmental agency, you will pay the charge or repay us for the charge as the case may be.
8. CLIENT’S DUTIES: You will instruct all persons who may use the System on its proper testing and use. You will test the System’s protective devices and send test signals to the Central in accordance with our instructions on a weekly basis. If a problem in the System occurs, you will notify us immediately. You will obtain and keep in effect all permits or licenses that may be required for the installation and operation of the System. You will complete the call list, including the name and telephone number of each person we may call in the event we believe there is an emergency at your premises. You will notify us in writing of any changes in the call list or other information you provide to us. You agree that we may give the information you provide to us to any governmental agency having authority over the System or our service. If the System includes any wireless devices, you will replace the batteries as needed at least once each year. You are solely responsible for making sure your fire protection devices are compliant with federal, state and local laws.You can find more information from the National Fire Protection Association at www.nfpa.org.
9. SUSPENSION OR CANCELLATION OF THIS AGREEMENT: You understand that Alarm Link may stop or suspend the installation or monitoring and repair service if: (a) Strikes, severe weather, earthquake or other such events beyond our control affect the operation of the Central or so severely damage your home that continuing service would be impractical. (b) There is an interruption of unavailability of the telephone service between the System and the Central. (c) You do not pay the service charge due to us, after we have given you ten (10) days’ notice that we are canceling service because of non-payment. We may charge a reconnection fee if service is suspended for non-payment. (d). We are unable to provide service because of some action or ruling by any governmental authority. (e) You become a debtor in a bankruptcy proceeding. If service is canceled or terminated for any reason, you will permit us or our subcontractors to enter your home to disconnect your system from our monitoring equipment and remove the communicator and all of our signs and decals from your home. (Failure to permit us to access the System for removal will result in you being charge $250 which you agree is the fair value of the equipment.) YOU UNDERSTAND THAT THE ALARM SYSTEM MAY NOT WORK WITH EQUIPMENT USED BY OTHER ALARM COMPANIES OR MONITORING CENTERS.
10. ASSIGNEES AND SUBCONTRACTORS: We may transfer or assign this agreement to any other alarm company, or financial institution as loan collateral. You may not transfer this agreement to someone else (including someone who purchases or rents your home) unless we approved the transfer in writing which consent will not be unreasonably withheld. We may use subcontractors to provide installation, repair, monitoring, or other services. This agreement and particularly Sections 12 and 13, shall apply to the work they perform and protect our assignees and subcontractors in the same manner as it applies to and protects us.
11. CHANGES TO THE SYSTEM: If you or any governmental agency or insurance interest wants us to change the system described in the Sales Order, or change it after it is installed, you agree to pay our standard parts and labor charges for such changes. YOU AGREE THAT YOU HAVE CHOSEN THIS SYSTEM AND YOU UNDERSTAND THAT ADDITIONAL OR DIFFERENT PROTECTION IS AVAILABLE FOR A HIGHER PRICE.
12. WE ARE NOT AN INSURER/LIMITATION OF LIABILITY: LIQUIDATED DAMAGES: YOU UNDERSTAND THAT: (A) WE ARE NOT AN INSURER OF YOUR HOME, YOUR PROPERTY OR THE PERSONAL SAFETY OF PERSONS IN YOUR HOME; (B) YOU WILL PROVIDE ANY INSURANCE ON YOUR HOME AND ITS CONTENTS; (C) THE AMOUNT YOU PAY TO US IS BASED ONLY ON THE VALUE OF SERVICE WE PROVIDE AND NOT ON THE VALUE OF YOUR PREMISES OR ITS CONTENTS; (D) ALARM SYSTEMS AND OUR MONITORING SERVICE MAY NOT ALWAYS OPERATE PROPERLY FOR VARIOUS REASONS; (E) IT IS DIFFICULT TO DETERMINE IN ADVANCE THE VALUE OF THE PROPERTY THAT MIGHT BE LOST, STOLEN OR DESTROYED IF THE SYSTEM OR OUR SERVICE FAIL TO OPERATE PROPERLY; (F) IT IS DIFFICULT TO DETERMINE HOW FAST THE POLICE OR FIRE DEPARTMENT OR OTHERS WOULD RESPOND TO AN ALARM SIGNAL; (G) IT IS DIFFICULT TO DETERMINE WHAT PORTION, IF ANY, OF ANY PROPERTY LOSS, PERSONAL INJURY OR DEATH WOULD BE PROXIMATELY CAUSED BY OUR FAILURE TO PERFORM, OUR NEGLIGENCE, OR A FAILURE OF THE SYSTEM OR SERVICE. THEREFORE YOU AGREE: EVEN IF A COURT DECIDES THAT OUR BREACH OF THIS AGREEMENT, A FAILURE OF THE SYSTEM, OR OUR NEGLIGENCE, OR A FAILURE OF THE INSTALLATION, MONITORING OR REPAIR SERVICE CAUSED OR ALLOWED ANY HARM OR DAMAGE (WHETHER PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) TO YOU OR ANYONE IN YOUR HOME, YOU AGREE THAT OUR LIABILITY SHALL BE LIMITED TO $250.00, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, AND SHALL BE YOUR ONLY REMEDY REGARDLESS OF WHAT LEGAL THEORY IS USED TO DETERMINE THAT ALARM LINK WAS LIABLE FOR THE INJURY OR LOSS.
13. THIRD PARTY INDEMNIFICATION AND NOSUBROGATION: If anyone other than you, asks us to pay for any harm or damages (including property damage, personal injury or death) connected with or resulting from (i) a failure of the alarm system or services, (ii) our negligence, (iii) any other improper or careless activity of Alarm Link in providing the alarm system or services, or (iv) a claim for indemnification or contribution, you will repay to us (a) any amount which a court orders us to pay or which we reasonably agree to pay, and (b) the amount of our reasonable attorney’s fees and any other loss and/or costs that we may pay in connection with the harm or damages. Your obligation to pay us for such harm or damages shall not apply if the harm or damages happens while one of our employees or subcontractors is in or about your home, and such harm or damages is solely caused by that employee or subcontractor. Unless prohibited by your property insurance policy, you agree to release us from any claims of any parties suing through your authority or in your name, such as your insurance company, and you agree to defend us against any such claim.
14. LIMITATION ON LAWSUITS; JUDICIAL REFERENCE: Where permitted by law, both Alarm Link and Customer agree that not lawsuit or any other legal proceeding connected with this agreement shall be brought or filed more than one year (only applicable where permitted by law) after the incident giving rise to the claim occurred. IN ADDITION, WHERE PERMITTED BY LAW, ANY SUCH LEGAL PROCEEDING SHALL NOT BE HEARD BEFORE A JUTY; AND EACH PARTY GIVES UP ANY RIGHT TO A JURY TRIAL.
15. Entire Agreement: The entire and only agreement between you and Alarm Link is written in this Agreement. It replaces any earlier oral or written understandings and agreements. It may only be changed by a written agreement signed by your (and if married, your spouse) and us. IT MAY NOT BE CHANGED BY ANY ORAL STATEMENTS OR REPRESENTATIONS MADE BY THE CONSULTANT. If you have given or ever give us a purchase order for the system or service which provides for different terms than this agreement, this agreement will govern and be controlling. If any provision of this agreement is found to be invalid or illegal by a court, the balance of the agreement shall remain in force. You agree that a copy of this Agreement and the signatures affixed hereto transmitted and delivered by facsimile, or electronic mail shall be deemed to be originals for all purposes. You agree that we may save and store all contracts and other documents executed by Customer in an electronic media and all such contracts and other documents shall be deemed to be, and may be used by us as, originals and shall be given the same force and effect as the paper-form originals.
16. INFORMATION AND PRIVACY. You understand and agree that in conjunction with employee training, quality control and the provision of services, we may monitor and/or electronically record video and audio related to monitored activity at your location, as well as conversations with you, emergency services providers, and law enforcement personnel. Further, you understand that privacy cannot be guaranteed on telephone, cable and computer systems, and we shall not be liable to you for any claims, loss, damages, or costs which may result from a lack of privacy experienced. You consent to us (i) using information about you and your location(collectively, “information”) to administer services, offer you new products or services, enforce the terms of this Agreement, prevent fraud and respond to regulatory and legal requirements, (ii) provide information, including information contained on your emergency information to law enforcement or fire service personnel for the purpose of providing services hereunder or in response to a subpoena or other such legal process, and (iii) using and sharing aggregate customer information and statistics that do not include information that identifies you personally. Except as required to provide the services that you have selected, we will not otherwise monitor your premises.
LIFE SAFETY NOTICE: IF YOU PURCHASED A SYSTEM THAT INCLUDES SMOKE DETECTORS OR CARBON MONOXIDE DETECTORS, OR IF YOU ADD SMOKE DETECTORS OR CARBON MONOXIDE DETECTORS AT A LATER TIME, THERE MAY BE SPECIFIC REQUIREMENTS OR STANDARDS FOR THE INSTALLATION, MAINTENANCE AND LOCATION OF SUCH DETECTORS. CONTACT YOUR LOCAL AUTHORITY HAVING JURISDICTION OR CONSULT A QUALIFIED PROFESSIONAL TO ASSIST IN THE INSTALLATION, MAINTENANCE AND LOCATION OF SUCH DETECTORS. YOU HAVE SOLE RESPONSIBILITY FOR COMPLYING WITH ANY AND ALL CODES, LAWS AND STANDARDS THAT MAY APPLY TO THE INSTALLATION, PLACEMENT AND MAINTENANCE OF THE SYSTEM.
STATE LICENSES. Texas TX-B10138 (security) ACR-1676065 (fire) Company’s operating license is issued by the Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Capitol Station, Austin, Texas 78711, (512) 475-3944
