The person(s) or entities establishing service (collectively “SUBSCRIBER”), jointly and severally agree to pay company the above indicated amounts for an initial term and renewal terms as shown in this contract. Subscriber hereby authorizes Company to secure a NON-INVESTIGATIVE CONSUMER REPORT from any consumer reporting agency to enter into this contract. UNDER FEDERAL LAW, FOR CONTRACTS SIGNED AWAY FROM COMPANY’S PLACE OF BUSINESS, YOU, THE BUYER, MAY CANCEL THIS AGREEMENT WITHIN THREE BUSINESS DAYS OF THE DATE BELOW BY GIVING WRITTEN NOTICE TO COMPANY AT ADDRESS ABOVE. For any amounts financed or to be paid by Subscriber under this contract but not yet paid, as well as and including any future advances under this or any contract between Subscriber and Company, Subscriber as debtor hereby agrees and grants to Company as secured party a SECURITY INTEREST in any and all alarm monitoring and related equipment described above or otherwise to be installed for Subscriber, which goods may become fixtures on property at address listed above, and that Subscriber agrees that this contract may serve as both security agreement and financing statements for the above-described collateral. Any failure to pay when due the payments provided by this Agreement shall give Company the right, in addition to and without waiving any right or remedy under this contract or applicable law, to avail itself of any legal remedy, including without limitation, the Right to repossess the equipment without notice and without obligation to redecorate or repair premises or any other liability, and all other rights set forth in this contract.
SUBSCRIBER and COMPANY listed on reverse side of this agreement agree to the following terms and conditions as part of their contract for equipment sale or lease and monitoring.
1. TERM OF AGREEMENT; Automatic renewal; acceleration on default; late fees and interest – Unless otherwise noted above the initial term of this Agreement shall be three (3) years, with the first (1st) payment in the amount set forth above being due in advance upon the completion of installation and/or in advance of the time commencement of operation of the system or the provision of services under this and any other agreement between Subscriber and the Company. Subsequent payments in such amount, including payments under renewals of this agreement, shall be due in advance on the same periodic basis as indicated on the front of this agreement thereafter. Unless the Company shall receive written notice of cancellation at least sixty (60) days prior to the expiration of the initial and any renewal term or unless this agreement is otherwise terminated as stated herein, this Agreement shall automatically renew for successive one (1) year periods following the expiration of the initial term. A pro rata amount will be due and payable for any partial period service is rendered. Subscriber acknowledges and agrees that any fees charged by Company under this or any other agreement for monitoring services may increase or change without prior notice and such new prices shall be deemed effective upon the receipt of any invoice from Company indicating any such price increase or change . Any failure to pay when due the payments provided by this Agreement shall give Company the right, in addition to and without waiving any other right or remedy under this contract or applicable law, to avail itself of any legal remedy, including without limitation, those rights set forth otherwise on the front and reverse of this agreement and the right to accelerate and declare immediately due and payable one hundred percent (100%) of the entire amount thereafter payable under this contract until the end of the full initial term or renewal term as the case may be. Any delinquent accounts for amounts due the Company under this contract shall be subject to a late payment fee of twenty-five ($25.00) per month and subject to interest charges of one and one half (1 ½%) per month, or eighteen percent (18%) per annum until paid. Company may suspend service for accounts 45 days or more past due until past due amounts are paid, and such suspension of service shall not relieve Subscriber of any obligation under this agreement.
2. SUBSCRIBER TO TEST SYSTEM – Company agrees to install the items described on the front of this contract (“alarm system”) and to test such alarm system at the time of installation and determine that all components are reasonably functioning, as indicated on the front of this contract. The Subscriber agrees to test the alarm system per instructions IMMEDIATELY upon completion of installation and at frequent intervals thereafter, and to notify Company in writing immediately if any part of the system appears to be inoperative or working improperly.
3. ITEMS AND SERVICES PROVIDED – To the extent indicated on the front of this contract, Company agrees to respond to signals received from the Subscriber’s alarm system by giving notice by telephone to the appropriate police department, fire department, rescue unit, and to other persons designated in writing by the Subscriber, if the system installed is central station monitored pursuant to this or any other agreement in writing between Subscriber and Company. Central station services, to the extent provided as indicated on the front of this form, consist of the receipt and analysis of signals from the system installed at he the premises indicated above, and notification of the proper authorities. Such services are initialized upon completion of installation and payment in full for the same, prepayment of service charges and receipt of satisfactory test signals. All services may be discontinued any time charges are unpaid or system is abused or damaged or otherwise as indicated in this agreement. Mailing of notice by registered letter to the billing address indicated on the front of this contract shall be deemed sufficient notice of discontinuation. A. Company may terminate any obligation to make available a central station (as indicated on the front of this agreement) at any time by mailing of notice by registered letter to the billing address indicated on the front of this contract in the event (i) of a breach by Subscriber of ANY ONE OR MORE of the provisions of this contract or any other agreement between Subscriber and Company, (ii) Subscriber abuses or damages the system or abuses the use of the central station, (iii) the central station, the connecting lines, and/or the system are destroyed or are so substantially damaged that it is impractical to continue service, or (iv) Company is unable to either secure or retain the connection or privileges necessary for the transmission of signals between the premises and the central station, or between the central station and the appropriate police or fire departments or other agencies. B. IF CONNECTION TO COMPANY’S CENTRAL STATION IS TO BE DIGITAL COMMUNICATOR, THE SUBSCRIBER AGREES TO PROVIDE A CONNECTION VIA A REGISTERED TELEPHONE JACK TO A TELEPHONE CHANNEL REQUIRED FOR THE COMPANY EQUIPMENT, AND SUCH CONNECTION SHALL BE ELECTRONICALLY FIRST BEFORE ANY OTHER TELEPHONE OR SUBSCRIBER EQUIPMENT, AND SHALL BE WITHIN 10 FEET OF THE COMPANY CONTROL PANEL. IF REQUESTED BY THE SUBSCRIBER, COMPANY SHALL PROVIDE SUCH CONNECTION AT THE COST OF THE SUBSCRIBER. IT IS FURTHER AGREED AND UNDERSTOOD BY THE SUBSCRIBER THAT THIS TELEPHONE SERVICE MAY IMPACT OR INCREASE LINECUT RISKS.
4. DESTRUCTION OF CENTRAL STATION – Subscriber agrees that Company’s obligations hereunder cease and are waived and Company is automatically released without notice and WITHOUT LIABILITY to the Subscriber for any general, special, incidental, or consequential expense, loss or damage to Subscriber, in case the central station, connecting wires, equipment, or facilities necessary to operate the Subscriber’s system or Company’s central station is destroyed, damaged or inoperable for any reason whatsoever and Subscriber shall be entitled to reimbursement of the pro rata cost paid for the period of interruption on written request of Subscriber. Anything herein to the contrary notwithstanding, this agreement may be cancelled without previous notice at the option of Company in the event that its central station, connecting wires or equipment within Subscriber’s premises are destroyed by fire or other catastrophe, or so substantially damaged or rendered inoperable that it is impractical to continue service.
5. ONE-YEAR EXCLUSIVE LIMITED WARRANTY UNLESS OTHERWISE NOTED ON FRONT – Unless otherwise noted on the front of this agreement, for all direct sales or equipment leases by the Company to the Subscriber as indicated on the front of this contract, the exclusive limited warranty is as follows: any parts or components (including wiring or any downloading technology used with or as a part of the system installed under this or any other agreement between Subscriber and Company if such installation is performed by a direct employee of Company as opposed to any independent third party dealer or installer) that proves to be defective in material or workmanship within one (1) year of the date of completion of installation will be repaired or replaced at Company’s option with a new or functionally operative part or component substantially equivalent in cost and quality to the defective part, or, in the alternative the Company may choose to refund to the Subscriber the purchase price of the defective part or component in question, or pay the liquidated damages agreed upon and set forth below, all at the sole election of the Company. Unless a different time period is indicated on the front of this agreement, materials required to repair or replace such defective parts or components will be free of charge for a period of one (1) year following the completion of the original installation, but Subscriber hereby agrees to pay for all other charges made for such work during this one (1) year at Company’s then applicable rates for labor.
A. SUBSCRIBER RESPONSIBLE FOR CHARGES – Unless otherwise noted on the front of this agreement, this warranty does not apply to the conditions listed below and in the event Subscriber calls Company for service under this limited warranty and upon inspection, Company’s representative determines that one of these conditions has led to the inoperability or apparent inoperability of the system, the Subscriber hereby agrees to pay for the service call(s) of Company’s representative whether or not actual work by the Company’s representative on the system is necessary. Should it actually be necessary to make repairs to the system due to one of the “Conditions” not covered by warranty, Subscriber hereby agrees to pay for all charges made for such work at Company’s then applicable rates for labor and material unless otherwise noted on the front of this agreement. Service will be furnished by Company during its normal working hours 9:00AM to 5:00PM, Monday through Friday, except holidays.
B. CONDITIONS NOT COVERED BY ANY WARRANTY – Unless otherwise noted on the front of this agreement, the conditions not warranted are as follows: A) Damage resulting from accidents, acts of God (including lightning damage), alteration, misuse, tampering or abuse of items or equipment covered by this contract or failure to close or properly secure a window, door or other protected point, whether foreseeable or not, and regardless of whether caused by Subscriber, his guests, invitees, licensees, trespassers, or other third-parities; B) Improper or negligent installation of any of the items listed on the front of this contract or incorporated therein by any third party, including without limitation any independent third-party dealer or installer not directly employed by Company, C) Failure of Subscriber to properly follow instructions at the time of installation or at any later date, whether provided by Company or others concerning the equipment and services described on the front of this contract, D) defects in video recorders or adjustments or installation or operation thereof or adjustments necessitated by misalignment by any person of CCTV or other cameras, improper adjustment of monitor brightness and contrast tuning dials or insufficient light on the area viewed by the camera(s) (unless specific limited warranty coverage as set forth above is noted on the front of this agreement for camera(s) in which case the Company only provides the above limited warranty for camera installation and adjustment made by duly authorized agents of the Company, which installation and adjustment has not been subsequently altered or modified by any other party) E) Trouble due to interruption of commercial power or to the phone service, F) Damages resulting from ordinary wear and tear or deterioration or defect of any part of the system or other failure of any part of the system after expiration of the ninety-day limited warranty period described herein. G) Repairs needed to window foil, security screens, exterior mounted devices or PROM (Programmable Read Only Memory), batteries; This limited warranty gives you specific legal rights, and you may also have other legal rights which vary from state to state.
C. LIMITED AND EXCLUSIVE REMEDY – It is understood and agreed that Company IS NOT AN INSURER, and insurance against loss due to burglary, robbery, fire or otherwise, shall be obtained by and be the sole responsibility of the Subscriber if desired; that the payments required by this contract are based solely upon the value of the installation, service and monitoring described, and are unrelated to the value of any property located on the Subscriber’s premises. The parties hereto agree that it is impractical and extremely difficult to fix the actual damages, if any, that may proximately result, from failure on the part of the Company to perform any of its obligations hereunder, specifically including without limitation any act or omission relating to downloading technology, monitoring goods or services, or judgments made in the evaluation of remote video monitoring transmissions. The Subscriber does not desire that this contract provide for full liability of Company and agrees that Company shall be exempt from liability for loss or damages due directly or indirectly to occurrences, or consequences therefrom, which the service or system is designed to detect or avert, that if Company shall be found liable for loss or damages due to a failure of service in any respect and at any time(whether within the limited warranty period or otherwise, (whether within the limited warranty period or otherwise), its liability shall be limited either to replacement or repair of any defective parts or components or refund of the purchase price of any defective part or component, or to a sum equal to the total of six payments of Subscriber or $250 as liquidated damages and not as a penalty, whichever is greater, and the choice of which shall be at the sole election of the Company. As the exclusive remedy, the provisions of this paragraph shall apply if loss or damage, irrespective of cause or origin, results directly or indirectly to persons or property from performance or nonperformance or obligations imposed by this contract or from negligence, active or otherwise, of the Company, its agents or employees. PROVIDED, FURTHER, THAT IN NO EVENT SHALL THE COMPANY BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IT IS SPECIFICALLY UNDERSTOOD THAT THE COMPANY DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTITES OF FITNESS FOR ANY PARTICULAR PURPOSE, SUBSCRIBER UNDERSTANDS AND AGREES THAT COMPANY MAKES NO WARRANTIES (OTHER THAN THE LIMITED WARRANTY SET FORTH ABOVE), AND SPECIFICALLY MAKES NO WARRANTY AT ANY TIME THAT THE EQUIPMENT OR SERVICE SUPPLIED WILL AVERT OR PREVENT OCCORRENCES OR THE CONSEQUENCES WHICH THE SYSTEM IS DESIGNED TO DETECT, AND THAT NO REPRESENTATIVE OF THE COMPANY OR ANY INDEPENDENT DEALER HAS ANY AHTORITY TO MAKE ANY ADDITIONAL EXPRESS WARRANTIES OR OTHERWISE VARY THE TERMS OF THIS AGREEMENT.
6. TRENCH DIGGING – By this agreement, Subscriber agrees to waive all responsibilities and/or liabilities of Company in regards to outside work involving trench digging. Company is not held responsible for any cable lines, water lines, telephone lines, or otherwise which may be cut by the trench digger. It is not the responsibility of Company to do any landscape repairs.
7. INDEMNITY BY SUBSCRIBER – Subscriber agrees to hold Company harmless from loss attributed to claim, whether for personal injury or property damage or loss of otherwise, by any person, not a party to this agreement, whose claim is related directly or indirectly to the Company’s obligations under this agreement. And, the Subscriber agrees to notify the Company immediately of any transfer to any other person of ownership rights in the premises or of changes in persons to be notified in the event of an emergency.
8. TAKEOVER SYSTEMS/IMPROPER USE – In the event the Subscriber’s alarm system was not installed by Company or an affiliate of Company or in the event Company determines that there have been excessive false alarms, that the system has been abused or damaged and/or that the number of problems or the cost of repair of such problems has been or will become excessive in the sole determination of Company, Company reserves the right to terminate the obligations under this contract at any time by written notice to Subscriber. In the event Company elects to terminate its obligations under this agreement pursuant to this paragraph, the Company shall have no further obligation of liability to Subscriber under or by reason of this contract. Subscriber further acknowledges that the performance time of services provided could be delayed due to differences in equipment, different or interior wiring and/or other causes.
9. TAXES, FEES, FINES AND LICENSES – Subscriber acknowledges that all charges set forth herein are based upon existing federal, state and local taxes. Company shall have the right, at any time, to increase the monthly charges provided herein to reflect any additional taxes, fees, licenses or charges which may be imposed on Company by any utility or governmental agency relating to the service provided under this contract, and Subscriber agrees to pay the same in the event of the system or equipment is activated for any reason whatsoever, including, without limitation, equipment malfunction and/or Company action, the Subscriber agrees to pay without recourse or to reimburse Company for any fines, fees, costs, expenses and penalties assessed against Subscriber and/or Company by any court or local, state or federal government’s agency as a result thereof.
10. CANCELLATION – If central station or direct connection services are furnished, this contract may be terminated at the option of Company if Company’s central station is substantially damaged by fire or catastrophe, or if Company is unable for any reason to have connections or privileges necessary to transmit signals between the Subscriber’s premises, Company’s central station or the applicable fire or police department or any other agency and Company shall not be liable for any damages or subject to any penalty as a result of such termination. It is understood and agreed that this contract may be terminated by Company in the event that the Subscriber fails to follow any recommendations Company may make for the repair or replacement of defective parts of his/her system not covered under the limited warranty or otherwise by this or any other contract between Subscriber and Company or in the event that the Subscriber’s failure to follow operating instructions provided by the Company results in an undue umber of false alarms or if the premises in which the system is installed are so modified or altered after installation as to render continuation of service impractical (all at the sole determination of Company).
11. COMPANY ASSUMES NO LIABILITY FOR DELAYS IN INSTALLATION OF THE EQUIPMENT, OR FOR ANY INTERRUPTIONS OF SERVICE DUE TO STRIKE, RIOTS, FLOODS, FIRES, ACTS OF GOD OR ANY CAUSES BEYOND THE CONTROL OF COMPANY, AND WILL NOT BE REQUIRED TO SUPPLY SERVICE TO THE CUSTOMERS WHILE INTERRUPTION OF SERVICE DUE TO ANY SUCH CAUSE SHALL CONTINUE.
12. SEVERABILITY OF CLAUSES – If any of the provisions of this agreement shall be determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
13. CCTV AND REMOTE VIDEO EQUIPMENT – If CCTV equipment is involved, Subscriber will provide adequate illumination under all operational conditions for the proper operation of the closed circuit television camera and will provide the 110 volt AC power supply where required as well as shelf or desk space for monitors and additional equipment. If remote video monitoring is used, upon activation of the alarm system, the system will transmit four (4) video pictures to company’s monitoring facility, which will use the pictures to verify the nature of the situation at subscriber’s premises. If, in the judgment of the monitoring facility, the pictures do not indicate that an emergency condition exists, the monitoring facility will call the number indicated by the Subscriber on the notification list, but will not notify emergency personnel of the alarm. If, in the judgment of the monitoring facility, the pictures indicate that an emergency situation does exist, the monitoring facility will notify emergency personnel in accordance with the terms this contract. Subscriber acknowledges that any remote video monitoring system is controlled by the Subscriber’s alarm system, which is the primary alarm detection device. Remote video monitoring is only a verification system, does not transmit the alarm condition, and only provides the Company with supplemental information. It is not intended to, nor does it replace or supersede the alarm system. Company does not represent or warrant that the pictures transmitted will indicate whether or not an emergency condition exists at Subscriber’s premises, or that the picture will enable identification of persons displayed in the pictures.
14. ADDRESS OF LICENSING BOARD – Georgia Board of Construction Industry, 237 Coliseum Drive, Macon, GA 31217-3858
15. ARBITRATION OF DISPUTES – Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. In the event that the Company must inter into arbitration or any other legal proceeding to collect any amounts due from the Subscriber under this agreement or any other agreement between the parties thereto, the Subscriber hereby specifically agrees and understands that Subscriber will be liable for all costs, expenses, and fees incurred y the Company in collecting such amounts, including without limitation reasonable attorney’s fees.
16. FULL AND COMPLETE AGREEMENT/GOVERNING LAW – The parties specifically agree that this contract contains the entire understanding and final expression of agreement between the parties and that no prior statements or representations of any type shall be received in evidence or otherwise used to vary the express terms set forth herein. The parties hereto further agree that this agreement may be AMENDED ONLY IN A WRITING signed by the parities; that no oral modifications of this agreement shall be enforceable; that this agreement shall not be assignable by the Subscriber except upon the express written consent of the Company, and that this agreement, in all respects, shall be governed and construed solely under the laws of the State of Georgia.
17. SUCCESSORS – This agreement shall be binding upon the named Company and Subscriber, their heirs and assigns.
