TERMS & CONDITIONS
Between Alarm Monitoring Services, hereafter called "Contractor" and Internet Subscriber, hereafter called "Subscriber", with both parties agreeing to the following:
1. SUBSCRIBER CAN CANCEL THIS AGREEMENT WITHOUT PENALITY AT ANY TIME. (a) Cancellation must be done with a minimum 60 days advance notice prior to end of any given month or automatic renewal of any billing cycle using the on line secure cancellation form located at http://www.CancelMyAlarm.com in accordance with its terms.
2. THIS AGREEMENT SHALL BE ON A MONTH TO MONTH BASIS with Subscriber making pre-payments for monitoring services. If services are cancelled prior to the end of any pre-payment period made by Subscriber, a refund shall be issued to Subscriber in accordance with this agreement.
3. REFUNDS OF MONITORING FEES shall apply as follows: (a) Subscriber must cancel service in accordance with cancellation terms. (b) Any pre-paid services will be re-calculated at the month to month rate since service inception until cancellation date. (c) Any remaining unused pre-payments shall be applied towards any remaining balances due with any excess being issued as a refund to the original payment source.
4. Contractor shall cause Subscribers alarm system to be monitored, using Subscribers Standard telephone line, VoIP line, I.P. Connection or Cellular Transmitter, depending on Subscriber selection of services. However, if using standard phone line transmission methods, Subscriber acknowledge that their existing system is attached to a single, standard phone line and if using VoIP or IP transmitting method, Subscriber acknowledges that they have access to High Speed Internet, a router and back-up power source.
5. 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.
6. Subscriber aware that alarm monitoring set-up will require their participation, such as assisting with panel reprogramming or replacement of any equipment provided by AMS, including any digital diverters, I.P. Devices or Cellular transmitters and that these devices are leased and will remain Contractors property, requiring shipping fees in addition to any set-up or monitoring fees for said equipment or services.
7. Subscriber is aware that any offer through this site is made through the parent company Cen Com Inc, and that ANY PLAN that Subscriber selected will have a NON-REFUNDABLE set-up fee for any reason what so ever, regardless if the system is actually converted or not and if not converted in accordance with the terms of this agreement, Subscriber has up to 90 days to request service cancellation or any pre-paid monitoring fees shall become non-refundable as well.
8. 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.
9. 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 (12) twelve times the monthly charges on said account, or one 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.
10. 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). 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 REQUIRED, 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.
11. 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.
12. Even though some components may be 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.
13. 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.
14. Subscriber is aware that conversion of their alarm system may require downloading of their alarm panel, and is restricted to insertion of a telephone number for the panel to report alarms to. 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.
15. Subscriber is aware that sending alarm signals over a VoIP or digital phone line does not guarantee that the signal is received. If the Subscriber uses a VoIP or digital phone line, either a VoIP transmitter or cellular transmitter is needed and is available at a additional fee and both devices use contact I.D. format, therefore if Subscriber does not have said contact I.D. output capability, additional equipment may be necessary at additional expense to Subscriber.
16. Any equipment ordered by Subscriber requires separate shipping fees, and shall be charged to Subscribers account.
17. Subscriber is aware that If monitoring is provided using optional complete alarm systems and components including but not limited to any Digital Diverters, VoIP transmitters, I.P. transmitters, Radio Transmitters or Cellular transmitters, or Replacement panels, said provided equipment shall remain the property of contractor and must be returned upon termination of services.
18. Subscriber aware that additional or separate fees may be charged for use of optional equipment selected including I.P. routing signals, Cellular Trsansmissions or any optional equipment used for alarm routing other than by phone line.
19. In the event existing panel cannot be converted, regardless of cause, subscriber must request a FREE basic do it yourself replacement panel provided by contractor for which a separate shipping fee will be charged. Failure to have Subscriber authorize this panel replacement will consider conversion failure not to be the fault of Contractor.
20. 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 of said system.
21. Subscriber is aware that the system may use Subscriber's phone line to transmit signals to a central monitoring station by dialing over a phone line. Blocking, Restricting, Suspension, Disconnection or interference of phone line or services may cause loss of signaling ability without notice to the central monitoring station.
22. Optional signal routing and phone line protection is available at an additional cost from Contractor under separate Agreement at Subscribers request.
23. Subscriber is responsible for any company phone charges, including any fees for alarm calls through a pay phone or if a telephone interface or filter is required.
24. Subscriber consents to all communications to or from Contractor or central monitoring station being recorded.
25. 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.
26. 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 tests. Transmission of these types of signals or receipt of any excessive signals (More than 15 signals per calendar month) of any type will cause Contractor to access additional fees against Subscribers account and may be done in arrears up to one year.
27. Subscriber is obligated to payments herein agreed to for services, regardless if their system is connected, completed, operational or not even being used.
28. Subscriber agrees and approves to having all fees, including any future fees, regardless of type, paid automatically by their provided credit card or by auto bank draft of electronic funds transfer. If Subscriber payment is not to Contractor by this method, additional fees shall apply.
29. Should auto payment be declined by Subscribers credit card processor, a late fee or rebilling charge may apply.
30. Upon completion of the initial pre-paid billing cycle, billing will auto renew for the same term at the same rate until such time subscriber either selects a renewal plan on line ay www.RenewMyAlarm.com or cancels services.
31. Subscriber hereby agrees to a 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 they 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 on the cancellation letter; (a) Alarm Account Number. (b) Account Password (c) Alarm Premises Address. (d) Present Contact Phone Number (e) Social Security Number. (f) Date Termination Is To Take Place.
32. Upon cancellation of this service, Subscriber will be immediately be charged a deposit for any of Contractors equipment still in their possession. Subscriber is then to remove and provide return of any Contractors equipment within 14 days of end of service term in order to receive a refund for any deposits. Should any property of Contractors not be returned within 14 day period, regardless of cause, Subscriber agrees that they are responsible for payment for retail value set forth for missing or non returned equipment.
33. 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.
34. 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.
35. This agreement and its terms may be assigned or transferred without Customers prior consent to a third or new party.
36. 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.
37. 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.
38. 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.
39. This agreement constitutes the entire agreement between the parties and is intended as a final expression of that agreement and 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 telephone conversation.
40. This agreement may only be modified in writing and signed by both parties or by an authorized agent of the same.
41. Title to all security related equipment sent to subscriber by contractor to remain in contractors name and must be returned by subscriber upon termination of this agreement.
42. Time is of the essence in this agreement.
43. Any past due balances shall bear the interest rate of 1.5% per month or the maximum allowable rate by law.
44. If any part of this agreement is invalid or unenforceable, it shall not affect the remaining terms, obligations, or requirements set forth in the remainder of this agreement.
45. 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.
46. 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.
47. 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.
48. Subscriber agrees to fully test alarm system after conversion to relay any and all alarm signals within 72 hours into monitoring center for future identification and processing. 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.
49. 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.
50. Subscriber agrees to reimburse Contractor for any free monitoring services provided at the posted month to month rate, if they do not remain a paid monitored Subscriber account for at least an equal amount of time that they received in free monitoring services.
51. Should any promotional offers of free monitoring service be issued to Subscriber, said free term shall begin upon initial order placement regardless of when alarm system is actually being monitored.
52. 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”.