INFORMATION ON LATEST REVISIONS:
- REVISION 02062023 Added on February 06 of 2023: Section 13 update on paragraph 3 to mention: BODILY INJURY OF ANYONE ON OR AROUND THE PROPERTY, as part of the Limitation of Liability. Section 18 update added: 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. Section 31 update: 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.).
- REVISION 02022023 Added on February 02 of 2023: Capitalized the Company Name. Removed an old deprecated ROC number. Updated the Revision.
- REVISION 12232018 Added on December 23 of 2018: Added Section numbers with names. Moved some paragraphs into appropriate Sections. Added some additional content to some Sections. Added Electronic Signature and Content Section. We encourage everyone to read the Agreement in its entirety since on your next billing cycle it will go into effect.
ALARM INSTALLATION AND SERVICES AGREEMENT
Periodically check online for the most recent and up to date information at https://xpertecs.com/alarmtos/
State License Number(s): AZ BTR#20789, AZ ROC#308518
Company Name: XPERTECS LLC
Mailing Address: PO BOX 6214, Glendale, AZ 85312
Phone Number: 623-738-4525
Email Address: firstname.lastname@example.org
Xpertecs LLC ( “Xpertecs,” “Company,” “we,” or “our”) will provide you (“you,” “your,” “user,” or the “Customer”) with the alarm system specified in your Work Order (“Work Order”) and any related accessories ordered by you (together with any alarm system the Company takes over from you or another company, the “System”) and the alarm monitoring and related services ordered by you (the “Services”) for the location identified in your Work Order (the “Premises”) in accordance with the terms of the Alarm Installation and Services Agreement Acceptance (the “Acceptance”) and this Alarm Installation and Services Agreement (the “Agreement”). The Services may be provided to you directly by the Company or through any affiliate of the Company, and/or by any third party acting on behalf of the Company. For purposes of this Agreement, an “affiliate” means any entity that controls, is controlled by or is under common control with the Company.
SECTION 1 – GENERAL TERMS AND CONDITIONS
Acceptance of this Agreement; Term. You will have accepted this Agreement and be bound by its terms upon the earlier of (a) your signature on the Work Order, Contract, or Agreement with a manual or electronic signature and the Acceptance, (b) of your acknowledgement or acceptance of this Agreement electronically, (c) the effective date of any installation or takeover of the System as provided in Sections 2 and 3 below, or (d) your use of the Services.
The Term of this Agreement shall begin on the date of your acceptance of this Agreement and shall continue on a month-to-month basis until terminated by either party.
HOWEVER, IF YOU ARE A RESIDENTIAL CUSTOMER AND YOU HAVE BEEN SOLICITED FOR AND AGREED TO THE PURCHASE OF THE SYSTEM OR SERVICES BY A SALES REPRESENTATIVE, APPLICABLE LAW MAY PERMIT YOU TO CANCEL THIS TRANSACTION PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. CANCELLATION MUST BE BY NOTICE TO THE COMPANY IN ACCORDANCE WITH APPLICABLE LAW.
YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED A HARD COPY OR AN ELECTRONIC COPY OF THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTOOD ITS TERMS, ESPECIALLY THOSE PARAGRAPHS RELATING TO YOUR INDEMNIFICATION OF THE COMPANY AND ITS AFFILIATES, AND ITS AND THEIR AGENTS, REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS AND SUBCONTRACTORS (“COMPANY RELATED PARTIES”), THE COMPANY’S AND THE COMPANY RELATED PARTIES’ LIMITED LIABILITY, AND THE COMPANY’S WARRANTY.
ANY UPDATES, CHANGES, RETRACTIONS OR NEW ADDITIONS TO THE ORIGINAL TERMS OF THIS AGREEMENT AND/OR OUR TERMS OF SERVICE AND/OR OUR ACCEPTED USE POLICIES WILL BE AVAILABLE AT ‘XPERTECS.COM/ALARMTOS’. IN ADDITION WE WILL NOTIFY YOU BY TEXT AND/OR THE EMAIL ADDRESS ON FILE, IF THAT FAILS TO SEND WE WILL ALSO SEND A COPY TO YOUR SERVICE ADDRESS. YOU AGREE TO ALL NEW CHANGES TO THE ORIGINAL TERMS OF AGREEMENT AND TERMS OF SERVICE AND ACCEPTED USE POLICIES WHEN YOU CONTINUE THE USE OF THE SERVICES PROVIDED BY THE COMPANY AND PAY YOUR NEXT MONTHS SERVICE COSTS.
SECTION 2 – INSTALLATION AND INITIAL WARRANTY
The Company agrees to install or take over (“installation”) the System in a workmanlike manner, and you agree to pay all applicable installation and activation charges. You must pay all utility charges associated with such installation and the subsequent operation of the System. You agree to make the Premises available without interruption during the Company’s normal working hours to permit completion of installation work. You understand that installation of the System may require drilling into various parts of the Premises or other interior or exterior work that may require access to non-visible areas. You agree to provide the Company with 110 AC electrical outlets for the Company’s power equipment in locations designated by the Company. It is your responsibility to make arrangements for lifting and replacing carpeting for the installation of floor mats and/or wiring, if required. It is the intent of the Company to conceal wiring in the finished areas of the Premises, however, there may be areas where the Company determines, in its sole discretion, that it is impractical to conceal wiring. In such areas, wiring will be exposed and the Company shall not be liable for loss due to water intrusion, mold, fungi, wet or dry rot or bacteria. You must notify the Company in writing of any problems with the installation within thirty (30) days after the completion of installation.
Ordering of hardware, programming, and installation cannot begin until after agreement has been signed, customer forms filled out, work order/invoice has been paid and recurring monthly payments have been set up. In addition if required by local laws permit obtained and permit number acquired.
Your billing cycle begins the same day as when you sign this agreement and pay for the work order/invoice and first months charges even if installation and monitoring starts at a later date.
Find Warranty information in Section 15, 16, 17.
SECTION 3 – TAKE OVER AND WARRANTY
If the Company is taking over the operation of an existing System, you agree to pay all charges for taking it over. You represent that the System is and remains your property. The Company has the right to inspect the System to determine that it is in good operating condition and is eligible for Repair/Extended Warranty coverage. The Company, in its sole discretion, may elect not to take over all or any portion of an existing System, including if it determines that they are not in good working order or will not operate with Company Equipment (defined below) or the Services. The Company will notify you of any required repair/replacements costs related to the System. If you decline to pay such costs, the Company can terminate this Agreement without liability. After the takeover, the Company will always own the transmitting device, which contains the Company’s proprietary data, and any touchscreen panel or other multimedia hub device provided by Company.
No Warranty will be provided on any take over hardware or any labor provided by another company, person or business.
Find additional Warranty information in Section 15, 16, 17.
SECTION 4 – MONITORING
The Company will monitor signals from the System during the Term. The Company may contract the performance of all or any portion of the Services to any Company Related Parties, and provide such Company Related Parties with all information regarding you as the Company deems necessary or appropriate to the provision of the Services and which such Company Related Parties may retain and use in accordance with applicable law. You acknowledge that you have no contractual relationship with, or rights as a third party beneficiary with respect to, any Company Related Parties. You also acknowledge and agree that the protections afforded to the Company under this Agreement apply to each of the Company Related Parties, including, without limitation, as set forth in those sections entitled “Limitation of Liability”, “Insurance” and “Your Indemnity/Protection of Company.”
Monitoring services will begin when the System is installed and operational, and when the necessary communications connection is completed. You agree to give the Company a completed emergency contact sheet and to update it as necessary. The person(s) identified on your emergency contact information will be authorized to act on your behalf, including the authority to cancel an alarm prior to the notification of emergency response organizations. The Company and the Company Related Parties are entitled to rely solely on your emergency contact information and the instructions of such person. You acknowledge that the Company and the Company Related Parties may be subject to applicable laws and industry standards designed to reduce false alarms, and that these may result in practices and procedures that delay either the notification of emergency responders, or other verification procedures in response to monitored alarms. You agree that the Company and the Company Related Parties may, in its and their sole discretion, attempt to contact you to verify that a signal is not a false alarm. IF THE COMPANY OR ANY COMPANY RELATED PARTIES HAS REASON TO BELIEVE, IN ITS OR THEIR SOLE DISCRETION, THAT NO EMERGENCY CONDITION EXISTS, IT MAY ELECT NOT TO FOLLOW THE NOTIFICATION OR OTHER VERIFICATION PROCEDURES UTILIZED FOR EMERGENCY CONDITIONS. Neither the Company nor the Company Related Parties shall be liable for its failure to contact you or any person on your emergency contact sheet as contemplated in this paragraph.
The Company and the Company Related Parties may, without prior notice, in response to applicable law or insurance requirements, revise, replace, discontinue and/or rescind its response policies and procedures. Further, if any System relays or records three (3) or more false alarm signals within a twenty-four (24) hour period, the Company and/or the Company Related Parties may place such System in test status. THROUGHOUT THE DURATION OF ANY TEST STATUS PERIOD, FOR ANY REASON AND/OR AT THE REQUEST OF ANY PERSON OR ENTITY WHATSOEVER, NEITHER THE COMPANY NOR ANY COMPANY RELATED PARTIES WILL HAVE ANY OBLIGATION TO PERFORM THE SERVICES.
You understand that: (a) the System communicates with the monitoring facility over one or more transmission systems, as determined by the Company in its sole discretion, such as POTS (plain old telephone system), VoIP, DSL, broadband, cellular, radio, IP, internet, etc.; (b) transmission systems are maintained and serviced solely by the applicable transmission system provider, which may include an affiliate of the Company with respect to certain transmission systems; (c) these transmission systems may be affected by faulty or failed equipment, weather conditions, power outages, upgrade or maintenance work, or other interruptions in service; and (d) any such conditions or changes made to these transmission systems may disrupt communications from the System. Without notice from you, the Company and/or the Company Related Parties may not be aware of the existence of any such problem.
YOU UNDERSTAND THAT THE COMPANY AND/OR ANY COMPANY RELATED PARTIES, INCLUDING ANY THIRD PARTY MONITORING PROVIDER, WILL NOT RECEIVE SIGNALS FROM THE SYSTEM IF YOUR TRANSMISSION SYSTEMS ARE NOT WORKING PROPERLY, TRANSMISSIONS ARE INTERRUPTED FOR ANY REASON, 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 this Section 4, you understand that the Services include a backup wireless transmission for alarm signals. YOU ACKNOWLEDGE THAT IN ADDITION TO THE POTENTIAL TRANSMISSION ISSUES DESCRIBED ABOVE, THE TRANSMISSION OF SIGNALS BY MEANS OF WIRELESS COMMUNICATIONS MAY BE AFFECTED BY RADIO FREQUENCY SIGNAL STRENGTH AND CHANNEL AVAILABILITY AT YOUR PREMISES, AS WELL AS OTHER ISSUES UNIQUE TO WIRELESS SERVICES. You also acknowledge that the use of certain wireless services may be restricted or prohibited in or around particular environments, including, for example, airports, aircraft, hospitals and war zones. You agree to comply with all such restrictions.
In addition, the Services may include certain remote viewing and access features and functionality. The ability for those features and functionality to work with the System and Services will be dependent upon a variety of factors outside the control of the Company, including, but not limited to, faulty equipment, faulty transmission systems, limitations inherent in wireless services, power outages, and other factors. The Company shall endeavor to ensure that such features and functionality interoperate with the System and Services, but shall not be liable in the event they fail to do so.
You understand that, upon receiving notification that an alarm signal has been received by the Company, the police, fire department or other responding authority may forcibly enter your Premises.
SECTION 5 – PERMITS
You agree to comply with all permitting requirements under applicable law with respect to the operation of the System and our provision of the Services, and to provide the Company with the permit number and such other information as we may request from time to time.
If your county, city or state requires a permit to have an alarm system, a permit must be obtained by you the customer and a permit number must be provided prior to installation.
Permit fees are not included in the final cost of the alarm system or monthly charges or any fees from the Company.
SECTION 6 – CHARGES, FEES, TAXES AND BILLING
You agree to pay 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 and initial cost of the system.
Unless you are subject to a minimum term arrangement, Services are provided to you on a month-to-month basis. You will generally be billed monthly, in advance, for recurring service charges, equipment charges, and fees. YOU MUST PAY, ON OR BEFORE THE DAY WE INSTALL ANY OF THE SERVICES, THE FIRST MONTH’S SERVICE CHARGES, XPERTECS EQUIPMENT CHARGES, ANY DEPOSITS, AND ALL INSTALLATION AND ACTIVATION CHARGES. Your first bill may include pro-rated charges from the date you first begin receiving Services, as well as monthly recurring charges for the next month and charges for non-recurring services you have received. You may be billed for some Services individually after they have been provided to you; these may include charges for interactive services and e-commerce. If you receive Service(s) under a promotion, after the promotional period ends regular charges for the Service(s) will apply.
WE DO NOT WAIVE OUR RIGHTS TO COLLECT THE FULL BALANCE OWED TO US BY ACCEPTING PARTIAL PAYMENT. WE WILL APPLY THE PARTIAL PAYMENT TO THE OUTSTANDING CHARGES IN THE AMOUNTS AND PROPORTIONS THAT WE DETERMINE.
Third-Party Charges That Are Your Responsibility. You acknowledge that you may incur charges with third-party service providers as a result of accessing on-line services, or purchasing, licensing or subscribing to other offerings via the Internet or through interactive options. Those charges are separate and apart from the amounts charged by us. You are solely responsible for all such charges payable to third parties, including all applicable taxes. In addition, you are solely responsible for protecting the security of credit card and other personal information provided to others in connection with such transactions.
Alternative Billing Arrangements. The Company may agree to provide billing services on behalf of third parties, as the agent of the third party. Any such third-party charges shall be payable pursuant to any contract or other arrangement between you and the third party. We will not be responsible for any dispute regarding these charges between you and any third party. You must address all such disputes directly with the third party.
All monthly monitoring charges must be paid by Credit Card. All payments for Services will be subscription based and your Credit Card will remain on file and will be charged monthly on the subscriptions anniversary. You agree to update your Credit Card information as needed so as not to allow any lapse in services provided by the Company. Use of the card is governed by the card issuer agreement, and you must refer to that agreement for your rights and liabilities as a cardholder. If the Company does not receive payment from your credit card issuer or its agents, you agree to pay all amounts due upon demand. If you make payment by check, you authorize the Company to collect your check electronically. You agree that you may not amend or modify this Agreement or your obligations under this Agreement with any restrictive endorsements (such as “paid in full”), or other statements or releases on or accompanying checks or other payments accepted by the Company and any such notations shall have no legal effect.
If you are receiving other services from the Company or any affiliate of the Company the Company may elect, in its sole discretion, to provide you with a single bill for the Services and the Xpertecs Related Services.
You may be billed fees, charges, and assessments related to late or nonpayment’s if for any reason (a) the Company does not receive payment for the Services by the payment due date or (b) you pay less than the full amount due for the Services.
Fees Not Considered Interest or Penalties: The Company does not anticipate that you will fail to pay for the Services on a timely basis, and we do not extend credit to customers. Any fees, charges, and assessments due to late payment or nonpayment are liquidated damages intended to be a reasonable advance estimate of our costs resulting from late payments and non-payments. These costs will be difficult to calculate or to predict when we set such fees, charges, and assessments, because we cannot know in advance: (a) whether you will pay for the Services on a timely basis, if ever; (b) if you do pay late, when you will actually pay; and (c) what costs we will incur because of your late payment or non-payment.
If we use a collection agency or attorney to collect money owed by you, you agree to pay the reasonable costs of collection. These costs include, but are not limited to, any collection agency’s fees, reasonable attorneys’ fees, and arbitration or court costs.
The Company may apply payments it receives from you, for Services and/or Xpertecs Related Services, to charges in the order and manner it so elects.
SECTION 7 – LATE PAYMENTS, NON PAYMENT, OR FAIL TO PAY ON DUE DATE
If you fail to pay the full amount due for any or all of the Services then the Company, at its sole discretion in accordance with applicable law, may immediately suspend or disconnect any or all the Services you receive.
If you allow your payment to lapse over the due date you forfeit any and all rights during the duration the payment is outstanding and you are no longer considered under contract or agreement but are considered in breach of contract. Once payment is processed and funds show as received you are once again under contract starting on the date the funds are received.
Any services provided by the Company while the customer is in breach of contract is done in goodwill but the Company cannot be held liable for issues, problems, burglaries or other problems, incidences or issues during that time.
If you resume a Service after any suspension, we may require you to pay a reconnection fee. If you reinstate any or all Services after disconnection, we may require you to pay an installation fee and/or Service activation fee. These fees are in addition to all past due charges and other fees. Reconnection of the Services is subject to our credit policies, this Agreement and applicable law.
YOU AUTHORIZE THE COMPANY TO MAKE INQUIRIES AND TO RECEIVE INFORMATION ABOUT YOUR CREDIT EXPERIENCE FROM OTHERS, TO ENTER THIS INFORMATION IN YOUR FILE, AND TO DISCLOSE THIS INFORMATION CONCERNING YOU TO APPROPRIATE THIRD PARTIES FOR REASONABLE BUSINESS PURPOSES.
Subject to applicable law, if you intend to dispute a charge or request a billing credit, you must contact the Company within sixty (60) days of the date on the bill. You waive any disputes or credits that you do not report within sixty (60) days.
SECTION 8 – PAPERLESS BILLING AND AUTOMATIC PAYMENTS
You agree to paperless billing which means we will not send you a physical hardcopy of the bill. You may receive an email or text message to your phone indicating a payment must be made or a receipt for an automatic payment that has been made. You may receive an invoice or receipt depending on the account type.
You agree to Automatic Payments which means you will have your credit card or other source of payment automatically billed or charged each month for the services the Company provides. You must keep your Email, Cellular Phone Number and Credit Card up to date with the Company, if you do not we can and may terminate your service at any time after we discover the email, cellular phone number or credit card are no longer in service or useable by the Company.
SECTION 9 – REFUNDABLE DEPOSIT
We may require you to pay a refundable deposit when you activate the Service(s), if you add Company Equipment or Service(s), or if you fail to pay any amounts when they are due. If we disconnect your Service(s) or are otherwise required under applicable law to refund the deposit, we shall within forty-five (45) days or as otherwise specified by applicable law return a sum equal to the deposit(s) you paid (without interest unless otherwise required by law) minus any amounts due on your account (including without limitation, any amounts owed for Services, Xpertecs Related Services and any Xpertecs Equipment that is damaged, altered, or not returned).
SECTION 10 – CHANGES TO SERVICE
Subject to applicable law, we have the right to change our Services, Company Equipment and rates or charges, at any time with or without notice. We also may rearrange, delete, add to, or otherwise change programming or features or offerings contained in the Services, including, but not limited to, content, functionality, hours of availability and customer equipment requirements. Notice of a change may be provided on your monthly bill, as a bill insert, e-mail, in a newspaper or other communication permitted under applicable law. If you find any material change in the Service(s), rates or charges, or the terms of this Agreement unacceptable, you have the right to cancel your Service(s) within thirty (30) days of receipt of notice of such change. However, if you continue to receive Service(s) after such thirty (30) day period, this will constitute your acceptance of the change.
SECTION 11 – TERMINATION AND FEES
To terminate or cancel any of our monthly or recurring Services we must receive an email requesting cancellation from the email account we have on file for you. This is to protect you as a Customer from any fraudulent activities. We require a minimum 72 hour’s notice by email of cancellation prior to the start of your next billing cycle in order to remove you from auto-payment, without a proper notice you may incur another months charge. You waive your right to any refunds for monthly charges incurred during cancellation or termination of your account.
When purchasing our month to month recurring/subscription package there will be no termination fees.
Services are prepaid for the current billing cycle month. Example: Your Bill is Due March 5th: If paid on-time, Services cover you from March 5th 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 us) in addition to your monthly Services charge incurred during the pre-paid billing cycle will be collected on a separate invoice, or charged to your on-file credit card the following month. Depending on the type of fee and/or if it becomes a monthly recurring fee the company may choose to bundle it with your monthly Service charge. You agree to allow us to bundle or charge any additional fees directly to your account.
YOUR FAILURE TO MAINTAIN A BROADBAND CONNECTION COMPATIBLE WITH THE SERVICES, AS DETERMINED BY THE COMPANY IN ITS SOLE DISCRETION, SHALL CONSTITUTE YOUR TERMINATION OF THIS AGREEMENT IF YOUR SERVICE REQUIRES A BROADBAND CONNECTION AS ITS PRIMARY COMMUNICATOR.
SECTION 12 – OFFSET RIGHTS
Upon any early termination or expiration of this Agreement, you agree that the company has the right to offset against any amounts or credits that the Company may owe you such as; Service charges for thirty (30) days; the termination fees or charges set forth in Section 11 above; and any other additional charges, amounts or deposits that you may owe to Company. If the amount of the offset equals or exceeds the amount the Company owes you, you agree that the Company will not be obligated to refund any amounts to you and you waive any right to receive this refund amount.
SECTION 13 – LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT NEITHER THE COMPANY NOR ITS AFFILIATES, NOR ANY OF ITS OR THEIR AGENTS, REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS OR SUBCONTRACTORS IS AN INSURER OF OR AGAINST ANY POTENTIAL OR ACTUAL LOSS OR DAMAGE TO PERSON OR PROPERTY THAT MAY OCCUR IN OR AT THE PREMISES, WHETHER AS A RESULT OF BURGLARY, THEFT, FIRE, SMOKE, CARBON MONOXIDE POISONING, PHYSICAL HARM TO ANY PERSON, ENTRY IN OR ONTO THE PREMSISES, THE CONDUCT OF ANY PERSONS IN OR ON THE PREMISES, OR OTHERWISE. YOU ACKNOWLEDGE THAT THE PAYMENTS YOU MAKE UNDER THIS AGREEMENT ARE NOT RELATED TO THE VALUE OF THE PREMISES, YOUR POSSESSIONS, OR THE PERSONS OCCUPYING OR AT ANY TIME PRESENT IN OR ON THE PREMISES, BUT RATHER ARE BASED ON THE COST OF THE SYSTEM AND THE SERVICES, AND TAKE INTO CONSIDERATION THE PROTECTIONS AFFORDED TO COMPANY UNDER THIS AGREEMENT. THE COMPANY EXPRESSLY DENIES AND DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE WHICH MAY OCCUR PRIOR TO, AT OR AFTER SIGNING THIS AGREEMENT. THIS INCLUDES LIABILITY BASED ON CONTRACT, TORT, AND/OR NEGLIGENCE OF ANY DEGREE, WARRANTY (INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND ALL OTHER THEORIES OF LIABILITY.
IF THE COMPANY OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR AGENTS, REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS OR SUBCONTRACTORS ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO ITS OR THEIR NEGLIGENCE OR THE FAILURE TO PERFORM ITS OR THEIR OBLIGATIONS UNDER THIS AGREEMENT, INCLUDING INSTALLING, MONITORING, REPAIRING OR TAKING OVER THE SYSTEM, IN ANY RESPECT AT ALL, THE MAXIMUM LIABILITY (INCLUDING JOINT AND SEVERAL LIABILITY) WILL BE $250.00. THE COMPANY MAY ASSUME A GREATER LIABILITY UPON YOUR REQUEST, BUT ONLY FOR AN ADDITIONAL CHARGE AGREED UPON BY YOU AND THE COMPANY. IF THE COMPANY DOES SO A RIDER TO THIS AGREEMENT MUST BE SIGNED BY YOU AND THE COMPANY. UNDER NO CIRCUMSTANCE SHALL THE COMPANY’S AGREEMENT TO INCREASE ITS LIMIT OF LIABILITY BE CONSTRUED OR INTERPRETED TO HOLD IT OR ITS AGENTS, REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS OR SUBCONTRACTORS AS INSURERS.
THIS LIMITATION OF LIABILITY SPECIFICALLY COVERS LIABILITY FOR: LOST PROFITS; LOST OR DAMAGED PROPERTY; LOSS OF USE OF PROPERTY OR THE PREMISES; GOVERNMENTAL FINES AND CHARGES; AND THE CLAIMS OF THIRD PARTIES. ALSO COVERED BY THIS LIMITATION OF LIABILITY ARE THE FOLLOWING TYPES OF DAMAGES: DIRECT, INDIRECT, BODILY INJURY OF ANYONE ON OR AROUND THE PROPERTY, SPECIAL, INCIDENTAL, AND/OR CONSEQUENTIAL (DAMAGES THAT RESULT FROM AN ACT, BUT DO NOT DIRECTLY RELATE TO THE ACT) AND PUNITIVE (DAMAGES USED TO MAKE AN EXAMPLE OF SOMEONE).
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION APPLY TO ANY ACTS, OMISSIONS, AND NEGLIGENCE OF THE COMPANY, ITS AFFILIATES, (AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS SUBCONTRACTORS OR REPRESENTATIVES), WHICH, BUT FOR THIS SECTION, MAY GIVE RISE TO A CAUSE OF ACTION IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
SECTION 14 – INSURANCE
You are responsible for obtaining all insurance coverage that you believe is necessary to protect your residence, business, belongings and persons in or on your Premises, including coverage for personal injury and property damage. THE PAYMENTS YOU MAKE UNDER THIS AGREEMENT ARE NOT RELATED TO THE VALUE OF THE PREMISES, YOUR POSSESSIONS, OR THE PERSONS OCCUPYING OR AT ANY TIME PRESENT IN OR ON THE PREMISES, BUT RATHER ARE BASED ON THE COST OF THE SYSTEM AND THE SERVICES, AND TAKE INTO CONSIDERATION THE PROTECTIONS AFFORDED TO COMPANY UNDER THIS AGREEMENT. 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.
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, the Company will repair or replace that part at no charge to you. The warranty does not cover any hardware that was broken, ruined, destroyed or failing from weather, water, electric surge, burglar destruction, pets, person hitting the hardware by mistake or otherwise, or any other non-normal use situation. The Company may use reconditioned parts in making repairs, but the Company warrants the replacement parts only for the remainder of the warranty period. You must notify the Company of any problem you claim the Company’s limited warranty covers within the warranty period. This limited warranty is for the Customer’s benefit only and may not be enforced by any other person.
This limited warranty is the only warranty the Company makes, is made only with respect to the portions of the System originally installed by the Company, and takes the place of all other warranties whether express or implied. NO EXPRESS OR IMPLIED WARRANTIES EXTEND BEYOND THE FACE OF THIS AGREEMENT. THE COMPANY MAKES NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The Company does not promise that the System or the Services cannot be compromised or that they will always provide the intended signaling, monitoring or other service. If a court decides the Company has given you any implied warranty, it will extend only for the length of the limited warranty period. Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This limited warranty gives you specific legal rights. You may also have other legal rights that vary from state to state.
You acknowledge and agree that no contractor, subcontractor, supplier, service provider or other vendor of the Company makes any warranty, including any implied warranty, other than such express warranties as may be provided by such person to you in writing.
If you as the Customer Allows any other alarm provider or yourself, or the business to which the alarm is installed in or their employees to touch with the intention to modify, tamper, add, remove, inspect, destroy, repair, fix, replace, or change any part of the existing alarm system you will automatically void any and all warranties and will remove any and all liability for any act that may occur in the future from the Company.
Any equipment not purchased from the Company will not have a Limited Warranty. Equipment provided by the customer may be installed by the Company but will not receive any warranty. THE CUSTOMER RELEASES ALL LIABILITY FROM THE COMPANY WHEN A CUSTOMER SUPPLIED PART IS INSTALLED IN A SYSTEM.
SECTION 16 – REPAIR AND EXTENDED WARRANTY
Our Systems do not come with any Extended Warranty but an Extended Warranty can be purchased in addition to the monthly monitoring cost. Details will be found in the invoice, work order, contract, or agreement.
If you have accepted any of our Repair/Extended Warranty coverages, the Company agrees to provide repair/extended warranty service to the System, whether originally installed or a takeover System, for a term described in such plan commencing after the end of the Company’s Limited Warranty and you agree to pay the Company the applicable fees for such Service. The Repair/Extended Warranty coverage will automatically renew for successive terms of the same length unless terminated by either party. You agree not to allow anyone besides the Company’s employees or agents to repair the System.
The Company will provide all labor, material(s) and parts necessary to service the System due to defects in the System and ordinary wear and tear.
At your request, the Company will repair or replace the System at the Company’s then-prevailing prices after the expiration of the Limited Warranty or, if purchased, the Repair/Extended Warranty. At your request, the Company will also repair or replace anything excluded from the Limited Warranty and Extended Limited Warranty at the Company’s then-prevailing prices. You will also pay the Company’s minimum service charge if the Company cannot enter the Premises at the scheduled time for any repair or warranty work.
SECTION 17 – WARRANTY EXCLUSIONS
The Limited Warranty and the Repair/Extended Warranty do not apply to: (a) batteries, wiring, bulbs, LEDs, security window screens, and exterior mounted devices, (b) portions of any take over System that we determine are not in good operating condition at the time of take over; (c) to service calls outside of the Company’s normal business hours for warranty and repair work; and (d) if, upon inspection, the Company determines that the need for service was caused by acts beyond the Company’s control such as accidents, power surges, misuse, lack of proper maintenance, unauthorized change or acts of God (including lightning, fires, earthquakes, tornadoes, hurricanes, floods, etc.).
OUR WARRANTY DOES NOT COVER ANY KIND OF USER ERROR, FORGETTING HOW TO USE THE SYSTEM, FORGETTING CODES, AND/OR LOW BATTERIES, ETC. IF WE ARE CALLED OUT FOR A SERVICE WHERE THE ISSUE IS NOT FAILING HARDWARE BUT USER ERROR OR USER FAILED TO MAINTAIN BATTERIES OR HARDWARE ACCORDINGLY A SEPARATE FEE OR CHARGE WILL BE INCURRED.
SECTION 18 – YOUR INDEMNITY/PROTECTION OF COMPANY
This Agreement is intended only for your benefit. Therefore, you agree to protect/indemnify, hold harmless, defend (if requested by Company) and release the Company and the Company Related Parties from liability and shall reimburse the Company and the Company Related Parties for any damages, losses or expenses (including reasonable attorneys’ fees and costs) incurred by the Company or the Company Related Parties in connection with any claims, suits, judgments and causes of action which relate to the System or the Services the Company provides. This protection/indemnity includes claims brought by any third party, including, without limitation, your insurance company, whether the claim arises under contract, warranty, negligence, or any other theory of liability.
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.
Your duty to protect/indemnify the Company, however, does not apply to claims based on injuries to third parties or to their property that occur while the Company’s employees were on the Premises and which were caused solely and directly by those employees.
IN CASE OF ANY THIRD PARTY CLAIM OR LOSS COVERED BY YOUR INSURANCE, YOU AGREE NOT TO LOOK TO THE COMPANY OR THE COMPANY RELATED PARTIES FOR REIMBURSEMENT. YOU WAIVE ANY RIGHTS THAT YOUR INSURANCE CARRIER OR OTHERS CLAIMING THROUGH YOU MAY HAVE AGAINST THE COMPANY OR ANY COMPANY RELATED PARTY, INCLUDING ANY RIGHTS OF SUBROGATION.
SECTION 19 – YOUR ADDITIONAL AGREEMENTS
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 proprietary data located in the transmitting device.
You agree to allow the Company and its agents the right to enter the Premises physically, remotely or electronically at reasonable times for purposes of installing, maintaining, upgrading, replacing and removing the System. You warrant that you are either the owner of the Premises or have authority to give the Company access to the Premises to install and operate the System. If you are not the owner of the Premises, you are responsible for obtaining any necessary approval from the owner to allow the Company and its agents into the Premises to perform the activities specified herein. In addition, you agree to supply the Company or its agent, if requested, with the owner’s contact information and/or evidence that the owner has authorized you to grant access to the Company or its agents to the Premises. You are not aware of any hazardous conditions on the Premises.
You agree to notify the Company immediately of any changes of ownership or occupancy of the Premises. Your obligations continue even if you sell or leave the Premises.
The Company has and shall maintain throughout the Term the authority to act as your exclusive agent for all purposes under this Agreement, including, without limitation, communicating with Company Related Parties; receiving notifications of alarm signals on your behalf; initiating, adding, changing, suspending and cancelling your Services; investigating and resolving all issues, actual or potential, related to your Systems and maintaining your account data.
SECTION 20 – FALSE ALARMS
You agree to prevent false alarms and assume all responsibility for them. If the System generates excessive false alarms, you will be in breach of this Agreement and the Company may terminate monitoring services and recover damages from you. If a false alarm fee, fine, costs, expenses or penalty is charged to the Company, you agree to pay for the charges. If the Company notifies you of a malfunction, you will disconnect the System until the Company can repair it. If (a) you default under this Agreement, (b) this Agreement or the Services are terminated by either party for any reason, (c) the System becomes a “runaway” system or excessively signals the monitoring facility without apparent reason, or (d) in the opinion of monitoring facility personnel, the System otherwise becomes a “problem account,” we may suspend the Services and you authorize the Company to disconnect the System from the monitoring facility. The exercise of any such rights shall not be deemed a waiver of Company’s right to damages.
SECTION 21 – CUSTOMER EQUIPMENT PURCHASED BY CUSTOMER FROM XPERTECS
If you choose to purchase the required equipment, you agree to purchase all equipment, hardware, software, wiring and System parts required for your System to function. All parts of the system purchased by the customer from the Company will be owned by the Customer. You agree to use the Equipment only for the Services pursuant to this Agreement during your term with us. You agree that at any time an addition, removal, change or update to the Equipment is required there may be an interruption to your Service.
YOU UNDERSTAND AND ACKNOWLEDGE THAT IF YOU ATTEMPT TO INSTALL OR USE THE PURCHASED EQUIPMENT OR SERVICES AT A LOCATION OTHER THAN THE ORIGINAL INSTALLED PREMISES, THE SERVICES MAY FAIL TO FUNCTION OR MAY FUNCTION IMPROPERLY.
You agree that you will not allow anyone other than the Company or its agents to service the Equipment during your term with the Company. The Company suggests that the all Equipment in your possession be covered by your homeowners, renters, or other insurance. You will be directly responsible for loss, repair, replacement and other costs, or damages.
Any equipment not purchased from the Company will not have a Limited Warranty. Equipment provided by the customer may be installed by the Company but will not receive any warranty. THE CUSTOMER RELEASES ALL LIABILITY FROM THE COMPANY WHEN A CUSTOMER SUPPLIED PART IS INSTALLED IN A SYSTEM.
The Equipment, including any firmware or software embedded in, or “downloaded” from time to time to, the Equipment or used to provide the Services, are protected by trademark, copyright, patent and/or intellectual property laws and international treaty provisions. You are granted a revocable license to use such firmware and software in object code form (without making any modification thereto) strictly in accordance with this Agreement. You acknowledge and understand that you are not granted any other license to use the firmware or software embedded in the Equipment or used to provide the Services. You expressly agree that you will use the Equipment exclusively in connection with the Services. You shall not take any action nor allow anyone else to take any actions that will reverse compile, disassemble, reverse engineer, or otherwise attempt to derive the source code from the binary code of the firmware or software.
The purchased equipment may come with battery powered motion detectors, smoke detectors, door and window contact transmitters, and other detection sensors are not connected to the electrical system of the Premises. Such detection sensors require batteries to operate. THESE BATTERY POWERED DETECTION SENSORS WILL NOT OPERATE, AND THE ALARM WILL NOT SOUND, IF THE BATTERIES ARE LOW OR DEAD. You are responsible for maintaining and replacing the batteries in these battery powered detection sensors and you should regularly inspect such sensors for dirt and dust buildup and test them weekly to help maintain continued operation. THE COMPANY STRONGLY RECOMMENDS THAT YOU READ THE OWNER’S MANUAL FOR ALL EQUIPMENT. THE OWNER’S MANUAL CONTAINS VERY IMPORTANT INFORMATION SUCH AS OPERATING INSTRUCTIONS AND EQUIPMENT TESTING AND MAINTENANCE INFORMATION. YOU SHOULD ALSO READ ALL INSTRUCTIONS, WARNINGS AND OTHER INFORMATION ON THE EQUIPMENT ITSELF.
The Equipment may include a Touchscreen/Multimedia Hub Device (the “Multimedia Hub”) from which you may, among other things, operate and control the System. The Multimedia Hub also will permit you to access and use certain features and applications which will be made available to you subject to a revocable license either by the Company or a third party. You are required to agree to and comply with all applicable license terms and conditions associated with the Multimedia Hub and any such applications, and any use of the Multimedia Hub and any such applications shall constitute your acceptance and agreement to such license terms. Certain features or applications may only be available with a subscription to other Xpertecs Related Services. The Company may remotely activate or disable any feature or application on the Multimedia Hub with or without notice to you. You agree to pay all charges assessed with respect to the downloading, license or use of any feature or application with the Multimedia Hub. The Multimedia Hub contains software that consists of interactive applications that perform a variety of communications over the Internet as part of their normal operation. Some of these communications features are automatic and are enabled by default. By installing and/or using the Multimedia Hub, you consent to such communications features. Once you use the Multimedia Hub, user information including your User ID may be transmitted with communications to Company’s or its service providers’ servers. This information is used to access your account and to provide certain services.
Your use of the Services is subject to other policies, including, but not limited to Company’s acceptable use policies (“AUP”). You can view the other policies for the Services anytime online at ‘xpertecs.com/alarmtos’ The Company may terminate or suspend your Service for failure to comply with these policies. YOU ACKNOWLEDGE AND AGREE THAT THE TERMS OF THE AUP AND ANY OTHER APPLICABLE POLICIES MAY BE PUT INTO EFFECT OR REVISED FROM TIME TO TIME BY POSTING A NEW VERSION OF THE AUP OR POLICY ON THE WEBSITE SET FORTH ABOVE. YOU SHOULD CONSULT THE AUP AND ALL POSTED POLICIES REGULARLY TO CONFORM TO THE MOST RECENT VERSION.
The Company makes no representation or warranty that any software or application installed on your Equipment, downloaded to your Equipment, or available through the Internet does not contain a virus or other harmful feature. It is your sole responsibility to take appropriate precautions to protect any Equipment from damage to its software, files, and data as a result of any such virus or other harmful feature. We may, but are not required to, terminate all or any portion of the installation or operation of the Services if a virus or other harmful feature or software is found to be present on your Equipment. We are not required to provide you with any assistance in removal of viruses. If we decide, in our sole discretion, to install or run virus check software on your Equipment, we make no representation or warranty that the virus check software will detect or correct any or all viruses. You acknowledge that you may incur additional charges for any service call made or required on account of any problem related to a virus or other harmful feature detected on your Equipment. 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.
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 use Company Equipment only for the Services pursuant to this Agreement. The Company may inspect, remove and/or change the Company Equipment at the Company’s discretion at any time the Services are active or following the termination of Service. You agree that the Company’s addition, removal, change or update to the Company Equipment may interrupt your Service. You may not sell, lease, abandon, or give away the Company Equipment. The Company Equipment may only be used in the Premises. At your request, the Company may relocate the Company Equipment. YOU UNDERSTAND AND ACKNOWLEDGE THAT IF YOU ATTEMPT TO INSTALL OR USE THE COMPANY EQUIPMENT OR SERVICES AT A LOCATION OTHER THAN THE PREMISES, THE SERVICES MAY FAIL TO FUNCTION OR MAY FUNCTION IMPROPERLY. You agree that you will not allow anyone other than the Company or its agents to service the Company Equipment. The Company suggests that the Company Equipment in your possession be covered by your homeowners, renters, or other insurance. You will be directly responsible for loss, repair, replacement and other costs, damages, fees and charges if you do not return the Company Equipment to the Company in an undamaged condition upon the termination of Service.
The Company Equipment, including any firmware or software embedded in, or “downloaded” from time to time to, the Company Equipment or used to provide the Services, are protected by trademark, copyright, patent and/or intellectual property laws and international treaty provisions. You are granted a revocable license to use such firmware and software in object code form (without making any modification thereto) strictly in accordance with this Agreement. You acknowledge and understand that you are not granted any other license to use the firmware or software embedded in the Company Equipment or used to provide the Services. You expressly agree that you will use the Company Equipment exclusively in connection with the Services. You shall not take any action nor allow anyone else to take any actions that will reverse compile, disassemble, reverse engineer, or otherwise attempt to derive the source code from the binary code of the firmware or software.
The Company’s battery powered motion detectors, smoke detectors, door and window contact transmitters, and other detection sensors are not connected to the electrical system of the Premises. Such detection sensors require batteries to operate. THESE BATTERY POWERED DETECTION SENSORS WILL NOT OPERATE, AND THE ALARM WILL NOT SOUND, IF THE BATTERIES ARE LOW OR DEAD. You are responsible for maintaining and replacing the batteries in these battery powered detection sensors and you should regularly inspect such sensors for dirt and dust buildup and test them weekly to help maintain continued operation. THE COMPANY STRONGLY RECOMMENDS THAT YOU READ THE OWNER’S MANUAL FOR ALL EQUIPMENT. THE OWNER’S MANUAL CONTAINS VERY IMPORTANT INFORMATION SUCH AS OPERATING INSTRUCTIONS AND EQUIPMENT TESTING AND MAINTENANCE INFORMATION. YOU SHOULD ALSO READ ALL INSTRUCTIONS, WARNINGS AND OTHER INFORMATION ON THE EQUIPMENT ITSELF.
Touchscreen/Multimedia Hub Device. The Company Equipment may include a Touchscreen/Multimedia Hub Device (the “Multimedia Hub”) from which you may, among other things, operate and control the System. The Multimedia Hub also will permit you to access and use certain features and applications which will be made available to you subject to a revocable license either by the Company or a third party. You are required to agree to and comply with all applicable license terms and conditions associated with the Multimedia Hub and any such applications, and any use of the Multimedia Hub and any such applications shall constitute your acceptance and agreement to such license terms. Certain features or applications may only be available with a subscription to other Xpertecs Related Services. The Company may remotely activate or disable any feature or application on the Multimedia Hub with or without notice to you. You agree to pay all charges assessed with respect to the downloading, license or use of any feature or application with the Multimedia Hub.
The Multimedia Hub contains software that consists of interactive applications that perform a variety of communications over the Internet as part of their normal operation. Some of these communications features are automatic and are enabled by default. By installing and/or using the Multimedia Hub, you consent to such communications features. Once you use the Multimedia Hub, user information including your User ID may be transmitted with communications to Company’s or its service providers’ servers. This information is used to access your account and to provide certain services.
Acceptable Use and other Policies; Software. Your use of the Services is subject to other policies, including, but not limited to Company’s acceptable use policies (“AUP”). You can view the other policies for the Services anytime online at ‘xpertecs.com/alarmtos’. The Company may terminate or suspend your Service for failure to comply with these policies. YOU ACKNOWLEDGE AND AGREE THAT THE TERMS OF THE AUP AND ANY OTHER APPLICABLE POLICIES MAY BE PUT INTO EFFECT OR REVISED FROM TIME TO TIME BY POSTING A NEW VERSION OF THE AUP OR POLICY ON THE WEBSITE SET FORTH ABOVE. YOU SHOULD CONSULT THE AUP AND ALL POSTED POLICIES REGULARLY TO CONFORM TO THE MOST RECENT VERSION.
The Company makes no representation or warranty that any software or application installed on Company Equipment, downloaded to Company Equipment, or available through the Internet does not contain a virus or other harmful feature. It is your sole responsibility to take appropriate precautions to protect any Company Equipment from damage to its software, files, and data as a result of any such virus or other harmful feature. We may, but are not required to, terminate all or any portion of the installation or operation of the Services if a virus or other harmful feature or software is found to be present on your Company Equipment. We are not required to provide you with any assistance in removal of viruses. If we decide, in our sole discretion, to install or run virus check software on your Company Equipment, we make no representation or warranty that the virus check software will detect or correct any or all viruses. You acknowledge that you may incur additional charges for any service call made or required on account of any problem related to a virus or other harmful feature detected on your Company Equipment. 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.
SECTION 23 – COMPANY CANCELLATION OR TERMINATION OF SERVICES
THE COMPANY MAY TERMINATE THIS AGREEMENT AT ANY TIME UPON NOTICE TO YOU, INCLUDING THE FOLLOWING:
(a) The Company’s or its third party suppliers’ or contractor’s alarm monitoring center is destroyed or damaged so that it is impractical for the Company to continue service;
(b) The Company cannot acquire or retain the transmission connections or authorization to transmit signals between the Premises and the Company’s alarm monitoring center or the applicable fire or police department or other agency;
You fail to follow the Company’s recommendation to repair or replace any defective parts of the System;
You fail to follow the Company’s operating instructions for the System;
You fail to perform any of your obligations under this Agreement;
The Company determines that it is impractical to continue service due to the modification or alteration of the Premises after installation;
You fail to maintain the Premises in a safe and sanitary condition;
You cease to maintain a broadband Internet connection utilizing a transmission system compatible with the Services, as determined by Company in its sole discretion;
Any change in applicable law increases the Company’s cost of providing the Services or modifies or changes the Company’s liability for the provision of Services in such jurisdiction;
(c) The Company is dissolved and no longer recognized as a legal entity;
We encounter harm;
The services provided are no longer profitable;
The conditions of servicing the customer has become a hardship;
The Company or its employees feel abused or unsafe physically, mentally or emotionally when servicing, assisting, monitoring or arriving for a service call or otherwise around the customer or the premises.
IF THE COMPANY TERMINATES THIS AGREEMENT FOR ANY REASON, YOU MUST:
Immediately cease all use of any Company owned System or Equipment;
Pay in full for your use of the System up to the date this Agreement has been terminated and Services disconnected;
Pay the Termination Fee as set forth in Section 11 hereof (other than if termination occurs under Section 23 (a) (b), or (c);
Pay the Company’s reasonable collection costs, including attorneys’ fees;
Within ten (10) days of termination, return all Company owned Equipment to us at our local business office in good working order, reasonable wear and tear only accepted; and
Permit the Company or its agents to peacefully enter the Premises to remove all Company owned Equipment or other materials provided and owned by the Company. If you do not return, or the Company does not retrieve, any Company Equipment, you will be charged the full retail price for new replacements of such Company Equipment. The Company does not have to provide any Service, including monitoring, after the date the Agreement is terminated. If the Company waives any default by you, that does not mean the Company waives later defaults. Any waiver by the Company must be in writing.
REMEMBER IF THIS AGREEMENT IS TERMINATED SO ARE ANY AND ALL SERVICES PROVIDED UNDER THIS AGREEMENT, YOU WILL NO LONGER BE PROTECTED WITH ANY SERVICES (E.G. MONITORING, EMERGENCY, WEATHER & NEWS, BATTERY REPLACEMENT, ETC) PROVIDED BY THE COMPANY UNDER THIS AGREEMENT.
SECTION 24 – DELAYS
The Company has no responsibility or liability to you or any other person for delays in the installation or repair of the System or performance of the Services, regardless of the reason, or for any resulting consequences. The Company has no responsibility or liability for interruptions of Service, or any resulting consequences, whether due to strike, riot, flood, fire, terrorism, act of God or for any cause beyond the Company’s control. During any such service interruption, the Company has no obligation to supply you any substitute services.
SECTION 25 – TRANSFERS/ASSIGNMENTS
You cannot transfer or assign this Agreement without the Company’s consent. However, the Company can transfer or assign this Agreement or subcontract its obligations hereunder at any time without your consent. If the Company does so, anyone to whom the Company transfers, assigns or subcontracts any or all of its obligations will have all of the Company’s rights with respect to such obligations. The Company is not responsible, however, for any services, including monitoring, which are performed by any third party.
SECTION 26 – NOTICES; LIMITATION ON LAWSUITS; JURY TRIAL
Unless otherwise indicated, all notices must be in writing. You must bring any claim arising out of this Agreement or related to the Services, whether against the Company or any of the Company Related Parties within one (1) year after the date on which the claim arose or the shortest duration permitted under applicable law if such period is greater than one (1) year. If you do not, you waive, to the extent permitted by law, all rights you may have with respect to such claim and neither the Company nor any of the Company Related Parties shall have any liability to you with respect to that claim.
TO THE EXTENT PERMITTED BY LAW, THE COMPANY AND YOU BOTH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE SERVICES.
SECTION 27 – CUSTOMER SEPARATION or DOMESTIC VIOLENCE
In the event that (1) one of the customers or users are mutually splitting, dissolving, divorcing or no longer living or working together at the premises and would like the other person to be removed from the contract and have their codes revoked so they do not have access to the premises, then both customers listed on the contract must write letters agreeing to the change, stating who will be the sole customer and user of the equipment and living on the premises and have them notarized and presented to the Company. Only then can we take action to remove a customer’s codes and remove them from their contractual and payment agreement. Any required fees for changes will be paid separately from the monthly monitoring fees.
In the event of domestic violence such as that (1) one customer is in danger from the other customer and/or a restraining order has been issued or any other legally binding state or federal order or document stating that any (1) of the customers is not allowed on or near the premises, that customer (who is in some sort of danger or believes they may be harmed) can request that we revoke the other users codes and remove them as a user from the account. We may also instruct the customer on how to manually perform the action. Legal documentation must be presented to the Company before permanent action is taken. Any and all forms of immediate actions taken by the Company will be seen as offering safety to the customer in danger and no legal action can be taken against the Company for changes made to any customer or user’s agreement, removal of services or accounts, passwords and/or assistance to re-enter the premises. Choices and actions made by the Company will always be in the interest of helping and any mistakes made in situations of uncertainty will not be actionable by the Customer(s) or User(s) of the equipment. You agree that NO legal recourse against the Company can be taken in these situations. This does not remove any payment obligations required by this contract from the revoked user during times of uncertainty. Any required fees for changes will be billed separately from the monthly monitoring fees. The way these situations are handled will be left up to the Company and any permanent action we take will be considered in accordance to this agreement and no action can be taken against the Company for those actions.
Businesses with multiple owners that sign this agreement will also be held to the same requirements that apply in the paragraphs of Section 27.
SECTION 28 – MISCELLANEOUS
This Agreement and the Invoice and/or Work Order contain the entire understanding between you and the Company and replaces any other documents or discussions the Company previously had with you. No handwritten changes or modifications to this Agreement shall be accepted by the Company, and no such changes shall be enforceable.
Your sole and exclusive remedies under this Agreement are as expressly set forth in this Agreement. Certain of the above limitations may not apply if your state does not allow the exclusion or limitation of implied warranties or does not allow the limitation or exclusion of incidental or consequential damages. In those states, the liability of the Company is limited to the maximum extent permitted by law. All representations, warranties, indemnifications and limitations of liability contained in this Agreement shall survive the termination of this Agreement.
This Agreement is governed by the laws of the State of Arizona, without regard to such state’s conflict of laws principles. Any suit or action that arises out of or relates or pertains to this Agreement or the subject matter hereof shall be brought only in the state or Federal courts of the State of Arizona having jurisdiction.
If the Company does not approve this Agreement, the Company’s only obligation is to refund any payments you have made. Any equipment or services the Company provides to you in the future are subject to the terms of this Agreement, as so amended.
If any provision of this Agreement is found to be invalid, the invalid portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining provisions shall still be effective. The Company does not waive any provision or right if it fails to insist upon or enforce strict performance of any provision of this Agreement. Neither the course of conduct between you and the Company nor trade practice shall act to modify any provision of this Agreement. Nothing contained in this Agreement shall be construed to limit the Company’s rights and remedies available at law or in equity. The word “including” means “including without limitation.” Except for monitoring, the Company will only do work during the Company’s normal business hours of 9:00 a.m. to 5:00 p.m. on weekdays, excluding holidays the Company observes. All schedules and attachments are incorporated by reference into this Agreement.
Month-to-month term agreements are available, these terms or agreements do not remove any obligations found in the terms of agreement or our terms of service. As long as you continue the use of the Services provided by the Company you are contractually obligated to the terms of this agreement and terms of service until either the Company or Customer terminates the Services provided by the Company.
You shall not share your access codes with anyone.
This Agreement is not an insurance of any kind.
The Company or related parties assume no liability or responsibility for the response time of emergency responders or makes any verbal or written promise on response time or speed to arrive on your premises or their ability to find your property or their ability to prevent injury or damage of any kind.
AGREEMENT TO ANY PART OF THIS CONTRACT IS AN AGREEMENT TO THE WHOLE CONTRACT AND MUST BE AGREED TO AS A WHOLE.
SECTION 29 – BATTERY INFORMATION AND REPLACEMENT SERVICES
Most of the Alarm Systems we install use wireless devices that require a battery as its main power source with no permanent power supply. For this reason as an add-on Service for all our local customers we offer Battery Replacement Services.
CUSTOMER UNDERSTANDS AND AGREES NOT TESTING OR REPLACING LOW, DYING, OR DEAD BATTERIES CAN CAUSE ALARM SYSTEM TO NOT FUNCTION PROPERLY OR EVEN FAIL COMPLETELY.
This Service is for any device that uses a battery as its primary power source and is not hardwired to a 120 volt outlet or permanent power source or directly to the alarm panel for power. Typically Door and Window Sensors, Motion Detectors, and Key Fobs can be part of this service. Devices such as your Control Panel, Keypads, Receivers, and Repeaters do not fall under this service.
Our Service is a 1 year Test & Battery Replacement Plan: Once a year the Customer may schedule a full test of their alarm system and get all the batteries that fall under this plan/service replaced.
CUSTOMER MUST MAKE APPOINTMENT AND RELEASES OBLIGATION TO THE COMPANY IF SERVICE IS NOT SCHEDULED AND COMPLETED WITHIN 60 DAYS OF THE ONGOING 1 YEAR ANNIVERSARY OF THE INSTALLATION. CUSTOMER MAY CHOOSE AN EARLIER DATE FOR SERVICE IF BATTERIES ARE GETTING LOW BEFORE THE (1) ONE YEAR ANNIVERSARY.
A separate fee will be charged for this service and can be found on either the work-order or invoice that was originally agreed upon. Fee will be divided by 12 months and added to your monthly recurring charges.
THIS SERVICE DOES NOT ENSURE THAT A BATTERY WILL LAST A FULL YEAR. IF YOU FIND YOURSELF USING A DEVICE EXCESSIVELY AND REQUIRE MORE FREQUENT CHANGES YOU MUST CONTACT THE COMPANY AND REQUEST ADDITIONAL APPOINTMENTS. SEPARATE FEES WILL BE CHARGED IN ADDITION TO ANY AGREED CHARGES.
BACKUP BATTERIES (E.G. SUCH AS IN KEYPADS, PANELS, ETC) ARE NOT INCLUDED IN THIS SERVICE AND REPLACEMENTS WILL REQUIRE AN APPOINTMENT AND A SEPARATE CHARGE UNLESS YOU ARE STILL UNDER THE ORIGINAL WARRANTY.
SECTION 30 – ELECTRONIC OR DIGITAL SIGNATURES AND COMMUNICATIONS
You will be signing this agreement electronically. This agreement will be sent to the customer provided personal or business cellular phone number and/or as an email attachment or link where you can then electronically sign. You agree your electronic signature is the legal equivalent of your manual signature on this agreement. By signing you agree to be legally bound by this Agreement’s terms and conditions. You further agree that your use of a key pad, mouse, touchscreen, button, icon or similar act/action via PocketSuite, Adobe Products and/or any Electronic Contract Software or in accessing or making any transaction regarding any agreement, acknowledgment, consent terms, disclosures or conditions constitutes your signature (hereafter referred to as “E-Signature”), acceptance and agreement as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and the Company. You also represent that you are authorized to enter into this Agreement for all persons who own or are authorized to access any of your accounts and that such persons will be bound by the terms of this Agreement.
You specifically agree to receive and/or obtain any and all “Electronic Communications” via Cellular Text, Email, PDF Form or other Phone or Computer based system or media. The term “Electronic Communications” includes, but is not limited to, any and all current and future notices and/or disclosures that various federal and/or state laws or regulations require that we provide to you, as well as such other documents, statements, data, records and any other communications regarding your relationship with the Company. You acknowledge that, for your records, you are able to use a cell phone, personal computer text or email to retain Electronic Communications by printing and/or downloading and saving this Agreement and any other agreements and Electronic Communications, documents, or records that you agree to using your E-Signature. You accept Electronic Communications provided via PocketSuite, Adobe Products and/or any Electronic Contract Software, text or email as reasonable and proper notice, for the purpose of any and all laws, rules, and regulations, and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep.
You may request a paper version of an Electronic Communication. You acknowledge that the Company reserves the right to charge you a reasonable fee for the production and mailing of paper versions of Electronic Communications. To request a paper copy of an Electronic Communication contact us by email at email@example.com
A current valid email address and cellular phone number is required for the Company to provide you with services. You agree that you will keep us informed of any changes to your email or cellular phone number and provide us with an update within 24 hours. You may email us an update at firstname.lastname@example.org
You agree that the Company may scan, image or otherwise convert this Agreement into an electronic format of any nature. You also agree that a copy of this Agreement produced from such electronic format is legally equivalent to the original for any and all purposes, including litigation or arbitration. Faxed or other electronically generated signatures are binding on the parties.
You have three (3) hours from the moment you electronically sign to contact the Company by email first and then by phone if you signed in error and choose to rescind your signature onto this agreement or any part of this agreement. You must email the Company at email@example.com to have time-stamped evidence of your effort to rescind this agreement.
SECTION 31 – RIGHT TO ASSIGN PROVISIONS
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.).
BY SIGNING THIS DOCUMENT YOU AGREE TO EVERYTHING INCLUDING BUT NOT LIMITED TO THE TERMS OF AGREEMENT, TERMS OF SERVICE, ACCEPTED USE POLICIES, ORIGINAL WORK ORDER/INVOICE COSTS, FEES, CHARGES AND ANY SERVICES PROVIDED BY THE COMPANY FOUND WITHIN THIS AGREEMENT UNTIL THE DAY AND TIME THIS CONTRACT IS TERMINATED BY EITHER THE CUSTOMER OR COMPANY. YOU ALSO AGREE TO FAMILIARIZE YOURSELF WITH THE ALARM SYSTEM AND READ ALL USER INSTRUCTION MANUALS TO BE ABLE TO UNDERSTAND AND USE YOUR SYSTEM CORRECTLY.