This agreement is made Between Cen Com Inc, hereafter called "Contractor" and online Internet Subscriber, hereafter called "Subscriber", with both parties agreeing to the following:
1.(a) If I.P. or Cellular transmitter is ordered, SUBSCRIBER will be charged refundable security deposit of $99.95. This fee will be refunded upon return of the device within 14 days of future service termination. If device is not returned, said $99.95 deposit will be applied against the retail value of the equipment and any additional fees will be charged at that time. (b) If at time of upgrade request Subscriber has in their possession any of contractors equipment they will be charged a refundable security deposit on this order which will be refunded if returned to Contractor within 14 days or security deposit becomes non-refundable. (c) There shall be no refunds or credits for any used or unused monitoring services, routing fees whether unpaid, pre-paid or from a promotional offer, from initial monitoring order until set-up of upgraded device. (d) Any increase or additional fees for upgraded services will be immediately charged for any future monitoring services through the end of any pre-paid or promotional period.
2. Contractor is not an insurer and does not provide the Subscriber ANY insurance for property loss and or damages, personal injury or loss and therefore, subscriber is responsible for ANY and ALL insurance coverage for the premises or its contents. Any payments made by Subscriber under this contract are solely based on the value of the electronic protective system(s) and services as set forth in this agreement. Payments are unrelated to the Subscribers exposure, risk or value of the Subscriber's property or the property of others located on said property.
3. Services Ordered: (a) If monitoring of existing alarm services are ordered by Subscriber, Contractor shall cause Subscribers alarm system to be monitored using Subscribers Standard telephone line, VoIP line, I.P. Connection, GSM or Cellular Transmitter, depending on Subscriber specific selection of services on the order form. Subscriber is aware that alarm monitoring set-up will require their participation, such as assisting with panel reprogramming or replacement of any equipment provided by Contractor, including any digital diverters, I.P. Devices, GSM or Cellular transmitters. (b) If a complete alarm system is ordered by Subscriber, Contractor shall pre-program said system ready for do-it-yourself Subscriber installation to be monitored using Subscribers Standard telephone line, VoIP line, I.P. Connection, GSM or Cellular Transmitter, depending on Subscriber specific selection of services on the order form. (c) If optional complete system Installation is ordered by Subscriber, installation start shall take place within 30 days of equipment order and will be done during regular business hours on regular business days. If installation is requested outside those times, additional fees may apply. If Subscriber cancels professional installation of any product or for any reason what so ever, other than Contractor’s inability to start the system within 30 days of initial order, there shall be no refunds. (d) Regardless of services ordered, any equipment ordered, including any complete system, replacement equipment, detection sensors, optional equipment, digital diverters, I.P. Devices, GSM, Radio, Cellular transmitters or any other devices sent to Consumer for the purpose of this agreement are considered fully leased equipment from Contractor, regardless of any initial or set-up fees charged and will always remain Contractors property to be returned to Contractor upon completion of services. (e) Subscriber aware that additional or separate fees will be charged for any optional equipment selected for routing signals by I.P., GSM, Cellular or Radio. These 3rd party routing fees to be pre-paid with Subscribers selected monitoring plan. Any promotional rate offered does not include these fees and shall be pre-paid in advance with any promotional rate selected.
4. This agreement shall be on a MONTH to MONTH basis with NO MINIMUM TERM, unless Subscriber accepts any promotional rates, discounts or offers, whereas they then agree to this agreement to be a MINIMUM TERM of two (2) years of PAID services at non-promotional or discounted rates, beyond any promotional term or discount period or that there shall be a EARLY TERMINATION FEE of $299.95, regardless of the term remaining. This early termination fee shall be paid by the Subscriber at the time of cancellation request.
5. Subscriber aware that a Digital Diverter may automatically be shipped to them upon order placement as well as any equipment specifically ordered by the Subscriber and that a separate fee for shipping and handling may be charged.
6. Subscriber is responsible for confirming the completion of any set-up of monitoring into Contractor. Monitoring service fees are automatically charged upon order placement and shall begin immediately. Failure to complete any initial set-up does not relieve Subscriber of any monitoring service fees charged to Subscriber regardless if services were actually provided or not.
7. Subscriber is aware that any offer through this site is made through the parent company Cen com Inc, and that with the provisions set forth in section (1), any service, set-up fee or monitoring plan selected by Subscriber is NON-REFUNDABLE regardless of reason what so ever, even if system is converted or not.
8. If Subscriber orders connection v using any phone line transmission method, Subscriber acknowledges that their existing system is attached to a single phone line. If said line is VoIP, Cable or Digital then Subscriber acknowledges that they have access to High Speed Internet, a router and back-up power source to ensure temporary operation through power failures.
9. Subscriber will not hold Contractor, its agents and or assigns, liable for any loss, injury or damages Subscriber may have sustained due to a malfunction of the system or dispatching errors, regardless of the cause of such errors. Contractor assumes no liability for interruption of performance of said system regardless of cause and makes no guarantee or warranty including any implied warranty of merchantability or fitness, against the type of intruder(s) or emergency that the system(s) or monitoring was intended to detect.
10. Subscriber agrees that in the event that a loss has occurred based on failure of performance of its obligations under this agreement, and therefore is determined to be the responsibility of Contractor, its agents, employees, or any third parties to this agreement, subscriber agrees to limit damages to no more than twelve (12) times the monthly charges on said account, or two hundred fifty dollars ($250.00), whichever is greater. This amount is to be considered by the parties to this agreement as fair compensation in the form of liquidated damages.
11. Subscriber is aware that Contractor has no physical control of the electronic protective system(s) or their mode of transmission, and acknowledges that it is the Subscribers sole responsibility to verify proper operation of the system(s) by daily testing the complete system(s) daily. Subscriber initiated system testing shall include, but is not limited to; walk testing all equipment, verifying proper operation and testing all signals into the alarm monitoring center and immediately reporting to contractor any claimed inadequacy in, or failure of, the electronic protective system(s). If the inadequacy or failure reported is not responded to the satisfaction of the Subscriber, then Subscriber will notify Contractor IN WRITING, SENT BY CERTIFIED LETTER, RETURN RECEIPT, TO THE CONTRACTOR WITHIN FIVE (5) DAYS. FAILURE TO DO SO WILL RESULT IN SUBSCRIBERS FULL AND COMPLETE WAIVER OF ANY DEFENSES IT MAY HAVE AS A RESULT.
12. Subscriber agrees and understands that it is their responsibility to comply with any governmental restrictions, permits, conditions or regulations covering this system and agrees to either pay a deposit in advance, or reimburse Contractor for any payments on behalf of Subscriber for any fees, assessments and or fines, as determined in accordance with those applicable governmental restrictions, permits, conditions or regulations, regardless of cause of such fines.
13. Even though some components may be leased to Subscriber from Contractor, this agreement excludes any maintenance what so ever. However, if so offered to Subscriber, said maintenance is at additional costs and Subscriber agrees to any said maintenance to be at standard service rates separate from this agreement for both parts and labor. Failure of Subscriber to obtain service repair on any portion of their system does not excuse Subscriber from the terms and obligations of this agreement.
14. Any future service or alterations provided to Subscriber by any party shall be considered an addition to this agreement and shall be incorporated into this document, and shall be subject to the same terms and conditions as fully set forth here.
15. Subscriber is aware that conversion of their existing alarm system may require downloading of their alarm panel, and is restricted to insertion of a telephone number for the panel to report alarms to. Should any additional downloading be requested, including but not limited to zone changes, delay adjustments or any other adjustments, an additional downloading fee may apply.
16. Subscriber is aware that sending alarm signals over a VoIP, Digital or Cable phone line does not always guarantee that the signal is received properly based on the quality of their service provider. It is strongly recommended that the Subscriber use either a I.P., GSM or Cellular transmitter which is available at a additional fee.
17. In the event existing panel cannot be converted, subscriber agrees to order a free basic replacement panel from Contractor for Self Installation for which a separate shipping & handling fee will be charged. Subscriber agrees that the replacement panel, or any components provided to them by Contractor, including but not limited to any Digital Diverters, VoIP transmitters, I.P. transmitters, Radio Transmitters, Cellular transmitters, Replacement panels, Complete alarm system, Detection devices or any other devices sent to Consumer for the purpose of this agreement are considered fully leased equipment from Contractor, regardless of any initial or set-up fees charged and will always remain Contractors property to be returned to Contractor upon completion of services.
18. Contractor does not guarantee system to be monitored or repaired on any specific dates or times, therefore assumes no liability for delay in the installation or set-up or repairs of this system and Subscriber is aware that monitoring of the system may not be in effect for up to 5 business days following initial connection, service or alteration of system.
19. Subscriber is aware that the system may use Subscriber's phone line to transmit signals to a central monitoring station by dialing over a phone line. Blocking, Restricting, Suspension, Disconnection or interference, degradation of quality, loss of bandwidth, or any routing services may cause loss of signaling ability without notice to the central monitoring station. Optional signal routing and phone line protection is available at an additional cost from Contractor under separate Agreement.
20. Subscriber is responsible for any company phone charges, including any fees charged to Contractor for alarm calls through a pay phone, or the cost of installation of any telephone interface or filter needed.
21. Subscriber consents to all communications to or from Contractor or central monitoring station being recorded.
22. Subscriber authorizes any employee, resident or emergency subscriber full authority to issue instructions in regards to operation, installation, or service of the system unless specified otherwise in writing. In addition, Subscriber is aware that access to their account is available online and can be altered or updated by any person with knowledge of their account number and password. Subscriber shall change their passwords frequently to maintain security and in the event any of their password(s) are compromised, they shall immediately change their account password(s).
23. Subscriber aware that monitoring services provided under this agreement do not include automatic or supervisory signals, including but not limited to opening, closing or auto tests. Transmission of these types of signals or receipt of any excessive standard signals of any type, (More than 15 signals per calendar month sampled over a 90 day period.) will cause Contractor to access additional monthly fees against Subscribers account and may be done in arrears up to one year.
24. Subscriber is obligated to payments herein agreed to for all monitoring services, regardless if their system is connected, completed, operational, abandoned, or just not being used.
25. Subscriber to maintain a valid credit card on file with Contractor at all times. Should an attempt to collect any automatic payment fail due to an expired or declined card or N.S.F. status of a auto checking payment, Subscriber agrees to pay a late fee and re-billing fee. Subscriber also agrees to have all fees, including any future fees, regardless of type, charged automatically on their provided credit card. If Subscriber payment is not to Contractor by this method, additional fees will apply.
27. Upon completion of the initial pre-paid standard or promotional billing cycle, billing will convert and continue on a month to month plan at the then prevailing rate of such month to month plan which shall be higher in price than the pre-paid plan originally ordered until such time subscriber either selects a renewal plan on line, or cancels services. There shall be no renewal notice given to Subscriber other than the billing of said month to month rate on their provided credit card for them to review on their monthly credit card statement under the name “Alarm Services” or “American Digital”.
28. As this is a life safety service, Subscriber hereby agrees to a specific cancellation procedure that requires on line cancellation at http://www.CancelMyAlarm.com a minimum of 60 days prior to intended cancellation date or as an alternative method of cancellation they may request cancellation in writing, 60 days in advance, BY CERTIFIED MAIL, RETURN RECEIPT REQUIRED. This request must be sent to Contractor at their place of business, with the following information on the cancellation letter; (a) Alarm Account Number. (b) Account Password (c) Alarm Premises Address. Contact Phone Number (d) Social Security Number or Federal I.D. Number if a business. (e) Date Termination Is To Take Place with a Minimum 60 days notice.
29. Upon cancellation of this service, Subscriber will be immediately charged a refundable deposit for any of Contractors equipment still in their possession. Subscriber is then to disconnect, remove and provide return of any Contractors within 14 days of end of service term in order to receive a refund for any equipment deposits. Should any property of Contractors not be returned within 14 day period, regardless of cause, Subscriber agrees that they are responsible for payment for retail value set forth for missing or non-returned equipment. Failure to disconnect equipment from communicating with Contractor may cause additional fees until such time that equipment no longer sends signals into Contractors monitoring center.
30. In the event Subscriber fails to make payments as agreed to in this agreement, Contractor may disable any equipment owned by Contractor, including suspension of any monitoring services.
31. Subscriber may not transfer this agreement to any other party without consent of Contractor and will not be in effect unless new Subscriber executes a replacement agreement. However, this agreement and its terms may be assigned or transferred without Customers prior consent by Contractor to a third or new party.
32. Any claims for breach of this agreement or breach of any express or implied warranties of fitness or merchantability must be communicated IN WRITING, SENT BY CERTIFIED LETTER, RETRUN RECEIPT, TO CONTRACTOR WITHIN FIVE (5) DAYS OF THE ALLEGED BREACH. FAILURE TO DO SO WILL RESULT IN SUBSCRIBERS FULL AND COMPLETE WAIVER OF ANY DEFENSES IT MAY HAVE AS A RESULT OF THE ALLEGED BREACH.
33. Subscriber agrees to pay costs incurred by Contractor in enforcing its rights under this agreement, whether or not suit is instituted, including but not limited to legal fees, attorney fees, mediation services, court costs or collection costs.
34. Subscriber consents and agrees to settle all claims that may arise under this agreement in accordance with the laws of the State of Washington. The parties to this agreement consent to EXCLUSIVE VENUE for such action to be King County, Washington REGARDLESS where the Subscriber shall reside or where the services under this contract may reach.
35. Time is of the essence in this agreement.
36. Any past due balances shall bear the interest rate of 1.5% per month or the maximum allowable rate by law.
37. If any part of this agreement is invalid or unenforceable, it shall not affect the remaining terms, obligations, or requirements set forth in the remainder of this agreement.
38. In the event any person, not a party to this agreement, shall make a claim or file a lawsuit of any kind against Contractor for any reason relating to Contractors duties or obligations pursuant to all aspects of performing this agreement, Subscriber to indemnify, defend and hold harmless the Contractor from any and all claims.
39. Should Subscriber order INSURANCE CERTIFICATES, certificates shall bear a charge for the initial certificate and a charge for each annual replacement certificate which shall be issued on an annual basis between January 1st and January 31st of each year regardless when initial insurance certificate was ordered.
40. Subscriber is aware that any optional “email monitoring only" services includes (1) email address only and additional email addresses can be added for a additional monthly fees. If "email monitoring only" services are used, there may be no operator viewing or real-time awareness of any signals from Subscribers alarm what so ever. Subscriber is also aware that the signal processing by their email carrier may delay or suspend the notifications, based on their carriers’ traffic load and or conditions. Contractor is not responsible for any such delays or signal routing failures.
41. Subscriber agrees to fully test alarm system after conversion to relay any and all alarm signals within 72 hours into monitoring center for future identification and processing. Subscriber is aware that any signals that are not received by Contractor or its monitoring center may not be responded to in the future as they are considered non valid signals and auto logged by the monitoring center.
42. This agreement constitutes the entire agreement between the parties and is intended as a final expression of that agreement. This agreement supersedes all prior representations, understandings or agreements, and the parties may rely only upon the contents of this agreement in executing it either in person, or by accepting services ordered on-line or via any oral or telephone conversation.
43. Subscriber is aware of all terms and conditions of this agreement and has read this agreement including all provisions with full understanding of all conditions and meaning of each condition set forth and knowingly accepts this agreement in full as an individual and as an authorized representative to any business, corporation, if said business or corporation is a part of this agreement.
44. This agreement may only be modified in writing and signed by both parties or by fully authorized agent of the same.
45. Subscriber agrees that by clicking on the acknowledgement button of the order form page, they effectively state that they "agree" to this being a binding contract for services, in accordance to the “Electronic Signatures in Global and National Commerce Act”, Title 15, Chapter 96 as well as including choice of exclusive venue terms as set forth in UCC section 2-204, adopted under Washington RCW 62A.2-204, stating that 'A contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of such a contract”.