Burglar Alarm Terms of Service

1 Section 1 – Parties to the Agreement

This Alarm Services Agreement ("Agreement") is entered into between Xpertecs LLC ("the Company," "Xpertecs") and the customer identified below ("you" or "Customer"). The Company is a licensed security contractor registered in the State of Arizona. By signing or verbally accepting this Agreement, you agree to all terms and conditions contained herein.

2 Section 2 – Definitions

"System" refers to the burglar alarm system, including all hardware, software, sensors, panels, detectors, cameras, and related equipment installed or managed by the Company at the premises identified in this Agreement. "Monitoring Service" refers to the continuous electronic surveillance of the System by a third-party central monitoring station arranged by the Company. "Premises" refers to the location(s) identified in this Agreement where the System is or will be installed.

3 Section 3 – Agreement Acceptance

This Agreement becomes legally binding upon: (a) your written signature, (b) your electronic signature, (c) your verbal confirmation or authorization to begin work or services, or (d) your acceptance of services rendered. You acknowledge that verbal and text message confirmations constitute legal and binding acceptance of these Terms.

4 Section 4 – Installation and Equipment

The Company shall install the System at the Premises in a workmanlike manner consistent with industry standards. Installation includes only those components specifically agreed upon in the estimate or proposal. Any changes to the scope of installation will require a written change order and may result in additional charges. You agree to provide reasonable access to the Premises for installation and maintenance purposes. You acknowledge that installation may require drilling, anchoring, or mounting of equipment to surfaces at the Premises and that the Company is not responsible for cosmetic damage resulting from standard installation activities.

5 Section 5 – Monitoring Services and Fees

If monitoring services are selected, the Company will arrange for your System to be monitored by a third-party central station monitoring provider. Monitoring fees are charged on a monthly basis and are subject to change with notice. Monitoring services are provided on a month-to-month basis unless otherwise stated in writing. You are responsible for all charges associated with the Services, including, but not limited to, installation, activation and Service charges, Xpertecs Equipment (as defined below) charges, measured charges, third party charges, applicable federal, state, and local taxes (however designated), permitting and regulatory fees, and any other fees or assessments of any municipal, state and federal government imposed on the Company or the Services. You will be responsible for paying any government imposed fees and taxes that become applicable retroactively. We will provide you with notice and an effective date of any change in our prices or fees applicable to your Services, unless the change in price is related to a change in governmental or quasi-governmental taxes, fees, or assessments, in which case we may elect not to provide notice except where required by applicable law. Not all fees apply to all Services.

State and Federal Fees and Taxes if required will be in addition to the base monthly monitoring fee.

6 Section 6 – Payment Terms

Payment for installation services is due upon completion of installation unless otherwise agreed in writing. Monthly monitoring fees are billed in advance and are due on the billing date established at the time of enrollment. A 3% surcharge applies to all credit card transactions. Late payments may result in service interruption. Accounts more than 30 days past due may be subject to a late fee of up to 1.5% per month on the outstanding balance.

7 Section 7 – Customer Responsibilities

You are responsible for: (a) providing accurate contact information, including names and telephone numbers of all persons authorized to respond to alarm events; (b) maintaining a current list of persons authorized to access the Premises; (c) promptly notifying the Company of any changes to authorized contact lists; (d) ensuring that the System is in working order by performing regular tests; (e) notifying the Company in advance of any renovation or construction that may affect the System; (f) maintaining your own internet, cellular, or telephone service required for system communication; and (g) complying with all applicable local ordinances regarding alarm systems, including obtaining any required permits.

YOU ARE RESPONSIBLE FOR TESTING THE SYSTEM ON A REGULAR BASIS. THE COMPANY DOES NOT GUARANTEE SYSTEM OPERATION IF YOUR COMMUNICATION LINES, INTERNET SERVICE, OR CELLULAR PROVIDER EXPERIENCE OUTAGES OR IF CHANGES IN THE TRANSMISSION SYSTEMS PREVENT THE SYSTEM FROM COMMUNICATING WITH THE MONITORING PROVIDER. YOU ARE RESPONSIBLE FOR TESTING THE SYSTEM ON A WEEKLY BASIS, AS WELL AS IMMEDIATELY FOLLOWING ANY STORM, POWER OUTAGE, TRANSMISSION SYSTEM OUTAGE, OR ANY CHANGE TO ANY TRANSMISSION SYSTEM, IN ORDER TO VERIFY THE CONTINUED FUNCTIONING OF THE SYSTEM.

You will immediately notify the Company of any problems with the System. You understand that no form of monitoring is error-free and that neither the Company nor the Company Related Parties is responsible for any interruption of Services due to faulty equipment, faulty transmission systems, power outages, other interruptions in transmission services, transmission systems that have been tampered with or any damage or destruction to the Company's equipment or facilities. Neither the Company nor Company Related Parties is required to supply monitoring service to you while any such interruption continues.

Without limiting the generality of the foregoing, the Company shall not be responsible for any delays or failures in performance resulting from acts beyond the reasonable control of the Company, including without limitation, acts of God, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties.

8 Section 8 – Monitoring Operations

The Company will use commercially reasonable efforts to ensure that the monitoring station responds to alarm signals promptly. Upon receipt of an alarm signal, the monitoring station will attempt to contact you and/or your designated contacts and, if appropriate, dispatch emergency services. You acknowledge that: (a) response times of emergency services are beyond the Company's control; (b) the monitoring station may not be able to reach you or your contacts at all times; (c) cellular or internet-based communication methods are subject to outages and interference; and (d) the Company is not responsible for any failure to prevent loss, damage, or injury if the System fails to transmit a signal or if the signal is not received or acted upon in time.

You agree to maintain adequate backup power for the System, including battery backup where provided. In the event of a power outage, the System will operate on battery backup for a limited period only. The Company does not guarantee the duration of battery backup operation.

Monitoring services may be provided by a third-party central station monitoring provider. The Company is not responsible for the acts or omissions of third-party monitoring providers. The selection of a third-party provider is at the Company's discretion and may change without notice to you.

9 Section 9 – False Alarms

You are responsible for all false alarms generated by the System, including any fines, fees, or penalties imposed by local authorities as a result of false alarms. You agree to take reasonable steps to prevent false alarms, including properly training all persons who use the System. The Company is not responsible for any costs, fines, or penalties related to false alarms.

10 Section 10 – Permits and Licenses

Many jurisdictions require alarm permits. You are solely responsible for obtaining and maintaining any required alarm permits and for complying with all local ordinances related to alarm systems. The Company may assist with permit applications but is not responsible for obtaining permits on your behalf unless specifically agreed in writing. Fines or penalties resulting from failure to obtain or maintain required permits are your sole responsibility.

11 Section 11 – System Testing and Maintenance

You agree to test the System at least once per week to verify proper operation. Notify the monitoring station before testing to avoid unnecessary dispatches. The Company recommends an annual maintenance inspection of the System. Maintenance inspections are available at the Company's then-current service rates and are not included in monthly monitoring fees unless specifically stated in a maintenance agreement.

12 Section 12 – Cancellation Policy

You may cancel monitoring services at any time by providing written notice by email to contact@xpertecs.com from your account email address. Cancellation is effective upon receipt of the written cancellation notice. No refunds will be issued for any pre-paid monitoring fees or portions of a billing period already paid. Any hardware or equipment owned by the Company must be returned or the Company may charge you for the replacement cost of unreturned equipment. Upon cancellation: (a) monitoring services will be terminated; (b) any associated apps or remote access features may cease to function; (c) the alarm system may continue to operate locally but without monitoring; (d) emergency dispatch services will no longer be available; (e) the Company is not responsible for any losses, damages, or injuries occurring after termination of monitoring services.

You may find that upon terminating services: any apps associated with your hardware or account may stop working, hardware that you purchased may stop functioning, changes to the hardware may not be possible, emergency services may stop working, the alarm stops functioning properly, you will no longer be notified when the alarm turns on, or the system will not work even in a limited capacity.

Services will remain active until April 4th or until you choose to terminate, or we choose to cancel your account, whichever comes first.

When you choose to terminate any Services with the Company we will disconnect any and all Alarm Services as soon as we receive notice by email from your account email. The service will be immediately terminated and no refunds will be made.

When terminating services you may find that: any apps associated with your hardware or account may stop working, hardware that you purchased may stop functioning, changes to the hardware may not be possible, emergency services may stop working, the alarm stops functioning properly, you will no longer be notified when the alarm turns on, or the system will not work even in a limited capacity.

Any fees (e.g. interactive fees from touch-screen devices, false-alarm fees or charges, added services after the monthly contract was signed, additional services, or any other charge the Company incurs from your account during which time you are receiving services from the Company) will be charged to your account. Xpertecs is not responsible for any false alarm fees, penalties, or citations issued by any governing body for false alarms generated by your System.

13 Section 13 – Limitation of Liability

THE COMPANY IS NOT AN INSURER. THE AMOUNTS CHARGED BY THE COMPANY FOR ITS SERVICES ARE NOT SUFFICIENT TO WARRANT THE ASSUMPTION OF LIABILITY BY THE COMPANY FOR ANY LOSSES THAT MAY OCCUR EVEN IF DUE TO THE COMPANY'S NEGLIGENCE. YOU ARE REQUIRED TO OBTAIN INSURANCE TO PROTECT AGAINST ANY LOSSES THAT MIGHT OCCUR. THE COMPANY'S OBLIGATION IS TO PROVIDE AND MAINTAIN THE SYSTEM IN A WORKMANLIKE MANNER. SHOULD THE COMPANY BE FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO A FAILURE OF THE SYSTEM OR THE COMPANY'S SERVICES IN ANY RESPECT, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE GREATER OF TEN PERCENT (10%) OF THE ANNUAL SERVICE CHARGES PAID BY YOU UNDER THIS AGREEMENT OR TWO HUNDRED FIFTY DOLLARS ($250), WHICHEVER IS GREATER, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, AND THIS LIABILITY SHALL BE EXCLUSIVE. THIS LIMITATION OF LIABILITY APPLIES EVEN IF THE LOSS OR DAMAGE IS CAUSED BY THE COMPANY'S NEGLIGENCE OR BY A BREACH OF WARRANTY OR CONTRACT. THIS LIMITATION SHALL APPLY TO ANY CLAIMS OR LOSSES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, AND TO CLAIMS FOR PROPERTY DAMAGE OR DESTRUCTION, PERSONAL INJURY, BODILY INJURY OF ANYONE ON OR AROUND THE PROPERTY, OR ECONOMIC LOSS, WHETHER CAUSED BY FAILURE OF THE SYSTEM OR NEGLIGENT PERFORMANCE OR NON-PERFORMANCE OF ANY SERVICE.

You hereby release the Company and the Company Related Parties from any liability for any event or condition customarily covered by homeowner's or business insurance, as applicable. You understand that the System is designed to reduce, but not eliminate, certain risks. The Company does not guaranty that the System will prevent personal injury, unauthorized entrances or fire and smoke damage to the Premises. The Company and the Company Related Parties assume no liability for those risks. The Company assumes no liability for the response time of emergency responders or their ability to find your property or ability to prevent injury or damage of any kind.

14 Section 14 – End of Agreement / Decommission

At the conclusion of this Agreement, whether by expiration, cancellation, or termination, the Company is not obligated to remove the System from the Premises unless otherwise agreed in writing. You may retain the wiring and any equipment you have purchased. Company-owned equipment must be returned. The Company is not responsible for any alarm activations, false alarms, or system behavior after the termination of monitoring services.

15 Section 15 – Limited Warranty

For ninety (90) days beginning on the date of your acceptance of this Agreement, the Company warrants that if any part of the System originally installed by the Company does not work because of a defect or because of ordinary wear and tear under normal conditions of use, the Company will repair or replace the defective part at no charge. This warranty does not cover: (a) damage caused by accident, abuse, misuse, flood, fire, earthquake, or other external causes; (b) damage caused by operating the System outside the permitted or intended uses described by the Company; (c) damage caused by service performed by anyone who is not a representative of the Company; (d) cosmetic damage; (e) consumable parts such as batteries; or (f) damage caused by any act of God. This warranty is the exclusive warranty for the System and supersedes all other warranties, express or implied.

EXCEPT FOR THE LIMITED WARRANTY STATED ABOVE, THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE SYSTEM WILL PREVENT ANY LOSS, DAMAGE, OR INJURY, OR THAT THE SYSTEM WILL PROVIDE THE PROTECTION FOR WHICH IT IS DESIGNED OR INTENDED.

16 Section 16 – Subrogation Waiver

You agree, on behalf of yourself and your insurance company (if any), to waive any and all rights of subrogation against the Company and the Company Related Parties. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE INSURED FOR ANY CLAIM FOR DAMAGES OF BODILY INJURY AND PROPERTY DAMAGE SUSTAINED BY ANY PERSON NOT A PARTY TO THE AGREEMENT.

17 Section 17 – Dispute Resolution

In the event of a dispute between you and the Company arising from or related to this Agreement, the parties agree to first attempt to resolve the dispute through good faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, the parties agree to submit the dispute to binding arbitration in Maricopa County, Arizona, under the rules of the American Arbitration Association. The decision of the arbitrator shall be final and binding. Each party shall bear its own costs and fees for arbitration unless the arbitrator determines that the other party's position was unreasonable, in which case the arbitrator may award reasonable attorneys' fees to the prevailing party.

18 Section 18 – Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, agents, and assigns from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the System; (b) your breach of this Agreement; (c) any false alarm generated by the System at the Premises; (d) any fines, penalties, or citations resulting from alarm activations or permit violations; or (e) any injury to persons or damage to property at the Premises. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE INSURED FOR ANY CLAIM FOR DAMAGES OF BODILY INJURY AND PROPERTY DAMAGE SUSTAINED BY ANY PERSON NOT A PARTY TO THE AGREEMENT.

19 Section 19 – Third-Party Monitoring Providers

Monitoring services may be provided through a third-party central station monitoring provider selected by the Company. The Company is not responsible for the acts, omissions, errors, or failures of any third-party monitoring provider. You agree that the Company may share your contact information, alarm codes, and account details with the monitoring provider as necessary to provide monitoring services. You acknowledge and agree that the third-party monitoring provider may also have its own terms of service applicable to your account.

20 Section 20 – Changes to Service or Agreement

The Company reserves the right to modify the terms of this Agreement, the monitoring fees, or the scope of services provided upon 30 days written notice to you. Notice may be provided by email to the address on file for your account. Your continued use of the monitoring service following the effective date of any change constitutes your acceptance of the revised terms. If you do not agree to the revised terms, you may cancel the service prior to the effective date of the change without penalty.

21 Section 21 – Cybersecurity and Connected Devices

If your System includes internet-connected devices (such as smart panels, cameras, or remote access apps), you acknowledge that such devices may be subject to cybersecurity risks, including unauthorized access, hacking, or other security vulnerabilities. The Company takes commercially reasonable steps to secure connected devices but cannot guarantee the security of any internet-connected system. You are responsible for maintaining the security of your home network, router, and any passwords or access credentials associated with the System. The Company shall not be responsible for any unauthorized access to the System through your internet connection or home network.

NEITHER XPERTECS NOR ITS AFFILIATES, SUPPLIERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR CONTRACTORS OR SUBCONTRACTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF ANY HARDWARE, SOFTWARE, FILES, OR DATA RESULTING FROM A VIRUS, ANY OTHER HARMFUL FEATURE, OR FROM ANY ATTEMPT TO REMOVE IT.

22 Section 22 – Company Equipment Owned by Xpertecs and Leased, Rented or Provided for Limited Use

You agree that, except for the wiring installed inside the Premises and any take over System (excluding the transmitting device and any touchscreen panel or other multimedia hub device provided by the Company and used with a takeover System), all equipment belongs to the Company or other third parties and will not be deemed fixtures or in any way part of the Premises (collectively, the "Company Equipment") unless otherwise provided in writing by the Company. You agree to take good care of the Company Equipment and not to tamper with, modify, move, remove, deface, or conceal any of the Company Equipment. You also agree not to allow any third party to tamper with, modify, move, remove, deface, or conceal any of the Company Equipment. You agree to keep the Company Equipment in the same location as it was originally installed, and only use the Company Equipment for its intended purpose. If you move or relocate, the Company Equipment must be left at the Premises and shall not be removed or taken to any other location. If you damage or destroy the Company Equipment, or fail to return it upon the Company's request, you may be charged the replacement cost for such equipment.

23 Section 23 – Consent to Electronic Communications

You consent to receive communications from the Company electronically, including via email and text message. By providing your email address and/or phone number, you authorize the Company to send you service-related communications. You may opt out of non-essential communications at any time by contacting the Company at contact@xpertecs.com. Standard message and data rates may apply for text messages.

24 Section 24 – Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions. Any legal action arising out of or related to this Agreement shall be brought exclusively in the courts of Maricopa County, Arizona, except as provided in the Dispute Resolution section above.

25 Section 25 – Entire Agreement

This Agreement, together with any estimate, proposal, or work order signed by both parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, warranties, or understandings of the parties with respect thereto. No modification of this Agreement shall be binding unless made in writing and signed by authorized representatives of both parties, except as provided in Section 20.

26 Section 26 – Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable.

27 Section 27 – Waiver

The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of that party's rights to enforce that provision or any other provision of this Agreement in the future.

28 Section 28 – Notices

All notices required or permitted under this Agreement shall be in writing and shall be delivered by: (a) email to contact@xpertecs.com for notices to the Company, or to your email address on file for notices to you; (b) first-class mail to PO BOX 6214, Glendale, AZ 85312 for notices to the Company. Notices delivered by email are effective upon transmission; notices delivered by mail are effective three (3) business days after mailing.

29 Section 29 – Force Majeure

The Company shall not be liable for any failure or delay in performance of its obligations under this Agreement caused by circumstances beyond its reasonable control, including without limitation: acts of God, natural disasters, pandemics, government actions, labor disputes, power or communication failures, or acts of terrorism.

30 Section 30 – Authorization to Record

You agree that, to the extent permitted by applicable law, the Company can record and use all communications with anyone at the Premises in the normal course of the Company's business. You are at least eighteen (18) years of age and have the authority to sign this Agreement and in doing so will not violate any other agreement. You agree to provide the Company with information that is accurate, complete and current, including your legal name, address, telephone number, payment data (including information provided when authorizing recurring payments) and all information related to the monitoring of the System. You agree to notify the Company promptly if there is any change in the information that you have provided to the Company. Failure to provide and maintain accurate information is a breach of this Agreement.

You will not tamper or interfere with the System, nor permit others to do so. You agree that, to the extent permitted by applicable law, the Company can record and use all communications with anyone at the Premises in the normal course of the Company's business. You agree that the Company can make program changes to the Company's equipment at the Premises at any time.

31 Section 31 – Assignment

This Agreement is personal to you and may not be assigned or transferred without the prior written consent of the Company. The Company has the right to assign all or part of their contract with their clients to a third party in order to execute certain terms of the contract (e.g. monitoring services, repair, and/or maintenance service, etc.). Any attempt by you to assign this Agreement without consent shall be null and void.

32 Section 32 – Contact Information

For questions about this Agreement, billing issues, or service concerns, contact: