1.MONTH TO MONTH AGREEMENT TERM: This agreement shall be on a month to month basis, paid annually with no minimum term other than a 60 day advance notice required for cancellation being provided by Subscriber to Contractor in writing or online as per paragraph 20 below.
2. 30 DAY, REFUND OFFER: Subscriber has 30 days from time of initial order to cancel services online at www.CancelMyAlarm.com and to return all equipment and supporting materials to receive a refund with the following deductions: (a) Any refurbishing, repair or recertification on returned equipment. (b) $35.00 Central Station Set-up Fee is non-refundable. (c) Any Shipping fees or item return fees are non-refundable. Under the following conditions: (1) If no signals were received, including "general alarm signals" by our monitoring center. (2) The consumer made a good faith effort to complete a DIY set-up in accordance with both provided instructions and with live over the phone technical support if needed. (3) The Consumer provided proper connection of the alarm transmitter to their local working communications source required. (4) Consumer agrees that if for any reason they cannot obtain traditional monitoring services that they will accept any offered upgrade offered by Contractor under the condition it is offered at no additional cost beyond shipping & handling, including the “Alarm Ear Monitoring System" prior to cancellation of service in order to be eligible of any refunds. (5) If the Consumer elects to cancel services anytime prior to the 30 day guarantee period for any reason other than Contractors written acknowledgement of their inability to monitor their system, there shall be no refunds issued, however the consumer has 1 year to reapply for services and have the unused portion of fees applied to any newly opened account.
3. CONTRACTOR NOT AN INSURER: Contractor is not an insurer and does not provide the Subscriber ANY insurance for property loss and or damages, personal injury or loss and therefore, subscriber is responsible for ANY and ALL insurance coverage for the premises or its contents. Any payments made by Subscriber under this contract are solely based on the value of the electronic protective system(s) and services as set forth in this agreement. Payments are unrelated to the Subscribers exposure, risk or value of the Subscriber's property or the property of others located on said property.
4. AUTO PAYMENTS: Subscriber agrees to have all fees, including any future fees, regardless of type, charged automatically on a provided auto payment source or an additional monthly fee shall apply. Should an attempt to collect any automatic payment fail, a late fee and re-billing fee may also apply.
5. PRE-PAID MONITORING REFUNDS: Should Subscriber cancel services prior to the completion of any pre-paid monitoring term, there shall be no refunds issued.
6. AUTOMATIC SERVICE RENEWAL: Upon completion of the initial pre-paid service term ordered by Subscriber, services and billing will automatically continue on plan that the consumer selected at time of inital order or until they cancel services with a 60 day advance notice at http://www.CancelMyAlarm.com.com, or by sending a written request by Certified mail. There shall be no actual renewal notice given to Subscriber upon automatic continuance, other than the billing of said selected plan charged to their provided payment source on file. The fee shall be posted on their financial institution statement for their review under the name “Alarm Services” or similar.
7. ORDERED SERVICES: (a) If monitoring of existing alarm services are ordered by Subscriber, Contractor shall cause Subscribers alarm system to be monitored using a GSM or Cellular Transmitter and will require their participation, such as assisting with panel reprogramming, installation or replacement of any equipment provided by Contractor, including GSM or Cellular transmitters.
8. SIGNAL ROUTING: Subscriber herein acknowledges that depending on their choice of signal routing, they will provide back-up power for all supporting equipment to ensure temporary operation through any short term power failure.
9. CELLULAR EQUIPMENT INTERFEARANCE: Subscriber is aware that Blocking, Restricting, Suspension, Disconnection or interference with cellular equipment may cause loss of signaling ability without notice to the central monitoring station. Optional signal verification and communications testing is available at an additional cost from Contractor under separate Agreement.
10. DOWNLOADING LIMITATIONS: Subscriber is aware that conversion of their existing alarm system, if so ordered, may require downloading of their alarm panel, and is restricted to insertion of a telephone number and account number allowing the panel to report alarm conditions into the monitoring center. Should any additional downloading be requested, including but not limited to zone changes, delay adjustments or any other adjustments, an additional downloading fee may apply.
11. EXCLUDED / EXCESS SIGNALS: Subscriber aware that monitoring services provided under this agreement do not include automatic or supervisory signals, including but not limited to opening, closing or auto test signals. Transmission of these types of signals or receipt of any excessive standard signals of any type, (More than 15 signals per calendar month sampled over a 90 day period.) may cause Contractor to access additional monthly fees to Subscriber account.
12. WALK TESTING: Subscriber agrees to fully ‘walk test’ their alarm system within 72 hours after conversion to send in any and all alarm zone signals for protected area identification and reprocessing. Subscriber is aware that any signals that are not received by Contractor or its monitoring center may not be responded to in the future as they are considered non valid signals and auto logged by the monitoring center.
13. LEASED EQUIPMENT: Regardless of what services or equipment is ordered by Subscriber from Contractor, GSM, Radio, Cellular transmitters or any other devices sent to Consumer for the purpose of this agreement are considered fully leased equipment from Contractor, regardless of any initial or set-up fees that may be charged and will always remain Contractors property to be returned to Contractor upon completion of services.
14. SECURITY DEPOSIT: If a security deposit is required on a newly ordered product, said deposit shall not be considered the full value of the item, but a partial value only. Upon return of the equipment, the previously held security deposit will be returned to the Consumer within 30 days, less the cost of any repair, refurbishing or repackaging required. If item is damaged beyond repair, or is not returned within 30 days of end of services, Contractor has the right to charge the retail value of the item to Subscriber. Upon cancellation of services, Subscriber will be immediately charged a refundable deposit equal to the full retail value for any of Contractors equipment still in their possession, less any previous deposits received. Subscriber is then to disconnect, remove and provide return of any of Contractors equipment within 30 days of end of service term. Should any property of Contractors not be returned within this 30 day grace period, regardless of cause, Subscriber agrees that they are responsible for payment for retail value of equipment.
15. SIGNAL ROUTING FEES: Subscriber aware that GSM, Radio or Cellular services include up to an average of 15 signals per month. Excess signals may carry with them additional fees.
16. MAINTAINCE: Regardless if any components are leased to Subscriber from Contractor, this agreement excludes any maintenance what so ever. However, if so offered to Subscriber, said maintenance is at additional costs and Subscriber agrees to any said maintenance to be at standard service rates separate from this agreement for both parts and labor. Failure of Subscriber to obtain service repair on any portion of their system does not excuse Subscriber from the terms and obligations of this agreement.
17. DELAY IN SERVICE: Contractor does not guarantee system to be monitored or repaired on any specific date or time and therefore assumes no liability for delay in the installation, set-up or repairs of said system. Once system has been activated, serviced, altered or repaired, monitoring of the system may not be in effect for up to 5 business days from that point.
18. SERVICE CANCELLATION: As this is a life safety service, Subscriber hereby agrees to a specific cancellation procedure that requires on line cancellation at http://www.CancelMyAlarm.com a minimum of 60 days prior to intended cancellation date or as an alternative method of cancellation may request cancellation in writing, 60 days in advance, BY CERTIFIED MAIL, RETURN RECEIPT REQUIRED. This request must be sent to Contractor at their place of business, with the following information; (a) Alarm Account Number. (b) Account Password (c) Alarm Premises Address. (d) Contact Phone Number (d) Last 4 of their Social Security Number or Federal I.D. Number if a business. (e) Date Termination Is To Take Place with a Minimum 60 days advance notice.
19. 30 DAY COMPLETION: Pre-paid service fees are automatically charged upon initial order placement and shall begin to apply immediately, regardless of when monitoring services actually begin. It is the Subscribers responsibility to verify completion of system monitoring and to notify Contractor if service has not been started within 30 days of initial order placement or any monitoring service fees charged to Subscriber would be considered valid and due, regardless if services were actually provided or not. In addition, if monitoring plan selected was the MONTH TO MONTH plan, a separate security deposit of $99.00 may be charged to Subscriber payment source for each piece of equipment that Contractor sent to Subscriber for the intended purpose of providing said services. This security deposit shall be refunded once services have begun or upon return of said equipment.
20. HOLD HARMLESS: Subscriber will not hold Contractor, its agents and or assigns, liable for any loss, injury or damages 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, against the type of intruder(s) or emergency that the system(s) or monitoring was intended to detect.
21. LIABILITY LIMITS: Subscriber agrees that in the event that a loss has occurred based on failure of performance of its obligations under this agreement, and therefore is determined to be the responsibility of Contractor, its agents, employees, or any third parties to this agreement, subscriber agrees to limit damages to no more than twelve (12) times the monthly charges on said account, or two hundred fifty dollars ($250.00), whichever is greater. This amount is to be considered by the parties to this agreement as fair compensation in the form of liquidated damages.
22. DAILY SYSTEM TESTING: Subscriber is aware that Contractor has no physical control of the electronic protective system(s) or their mode of transmission, and acknowledges that it is the Subscribers sole responsibility to verify proper operation of the system(s) by daily testing the complete system(s) daily. Subscriber initiated system testing shall include, but is not limited to; walk testing all equipment, verifying proper operation and testing all signals into the alarm 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, then Subscriber will notify Contractor IN WRITING, SENT BY CERTIFIED LETTER, RETURN RECEIPT, TO THE CONTRACTOR WITHIN FIVE (5) DAYS. FAILURE TO DO SO WILL RESULT IN SUBSCRIBERS FULL AND COMPLETE WAIVER OF ANY DEFENSES IT MAY HAVE AS A RESULT.
23. GOVERNMENTAL REQUIREMENTS: 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 either pay a deposit in advance, or reimburse Contractor for any payments on behalf of Subscriber for any fees, assessments and or fines, as determined in accordance with those applicable governmental restrictions, permits, conditions or regulations, regardless of cause of such fines.
24. FUTURE SERVICES: 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.
25. CALL LOGGING: Subscriber consents to all communications to or from Contractor or central monitoring station being recorded.
26. AGENT AUTHROITY: Subscriber 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. In addition, Subscriber is aware that access to their account is available online and can be altered or updated by any person with knowledge of their account number and password. Subscriber shall change their passwords frequently to maintain security and in the event any of their password(s) are compromised, they shall immediately change their account password(s).
27. PAYMENTS REQUIRED: Subscriber is obligated to payments herein agreed to for all monitoring services, regardless if their system is connected, completed, operational, abandoned, or just not being used.
28. SERVICE SUSPENSION: In the event Subscriber fails to make payments as agreed to in this agreement, Contractor may disable any equipment owned by Contractor, including suspension of any monitoring services.
29. NON-TRANSFERRABLE: Subscriber may not transfer this agreement to any other party without consent of Contractor and will not be in effect unless new Subscriber executes a replacement agreement. However, this agreement and its terms may be assigned or transferred without Customers prior consent by Contractor to a third or new party.
30. CONTRACT BREACH: 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, RETRUN RECEIPT, TO 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.
31. LEGAL FEES: Subscriber agrees to pay costs incurred by Contractor in enforcing its rights under this agreement, whether or not suit is instituted, including but not limited to legal fees, attorney fees, mediation services, court costs or collection costs.
32. EXCLUSIVE VENUE: 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 REGARDLESS where the Subscriber shall reside or where the services under this contract may reach.
33. TIME OF THE ESSENCE: Time is of the essence in this agreement.
34. INTEREST RATE: Any past due balances shall bear the interest rate of 1.5% per month or the maximum allowable rate by law.
35. SIGNAL PREVENTION: Upon cancellation of services the Subscriber agrees to prevent any alarm reporting from continuing into the alarm monitoring center by disconnecting the system from its method of signal sending, whether it be by phone line, cellular , internet or other means. In the even the system continues to send signals into the center, a per signal fee or the prevailing monthly monitoring rate may be back charged to subscriber by contractor after initial requested termination date for service cancellation has passed.
36. HOLD HARMLESS: 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.
37. INSURANCE CERTIFICATES: Should Subscriber order INSURANCE CERTIFICATES, certificates shall bear a charge for the initial certificate and a charge for each annual replacement certificate which shall be issued on an annual basis between January 1st and January 31st of each year regardless when initial insurance certificate was ordered.
38. ENTIRE AGREEMENT: 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 either in person, or by accepting services ordered on-line or via any oral or telephone conversation.
39. MODIFICATIONS: This agreement may only be modified in writing and signed by both parties or by fully authorized agent of the same.
40. AUTHORIZED REPRESENTATIVE: 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.
41. HEADINGS: Headings of the sections contained in this agreement are for convenience only and shall not be deemed to control or affect the meaning or construction of any provision of this agreement.
42. SEVERABILITY: If any provision of this Contract is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Contract shall remain in full force and effect.
43. NON-WAIVER: The failure by one party to require performance of any provision shall not affect that party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Contract constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
44. ONLINE SIGNATURE: Subscriber agrees that by clicking on the acknowledgement button of the order form page, they effectively state that they "agree" to this being a binding contract for services, in accordance to the “Electronic Signatures in Global and National Commerce Act”, Title 15, Chapter 96 as well as including choice of exclusive venue terms as set forth in UCC section 2-204, adopted under Washington RCW 62A.2-204, stating that 'A contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of such a contract”.