Terms and Conditions for Monitoring Agreement
Last updated October 12, 2021
- The Service: Upon receipt of an alarm signal from the customer premise, company is responsible only for attempting to notify, as appropriate to the type of signal, the customer, persons submitted to company on customers contact list, a guard service, and/or the appropriate responding agency. For burglary signals, company will attempt to verify that an emergency exists by calling the customers primary contact number and then, if necessary, the person designated for enhanced verification on the customers contact list. If a contacted person indicates that there is an emergency or if no contact is made with either person, company will attempt to contact the appropriate responding agency. For non-emergency signals like low battery and trouble, Company will only attempt to contact customer between 7 a.m. and 10 p.m. . company may choose not to respond to non-emergency signals in periods with high alarm signal traffic in the Monitoring Center. Company and customers must comply with local notification and response requirements, which may now or in the future include visual verification of an emergency condition prior to response. Customer agrees to pay any charge associated with this requirement.
- Disclaimer of warranties: neither company nor its contractor represents or warrants that the system or the monitoring service will prevent any loss by burglary, fire, robbery or otherwise, or will, in all cases, provide the specified notification service. Customer understands that there are no warranties which extend beyond the face of this agreement and acknowledges that neither company nor its contractor has made any representation of warranty, Express or implied, including without limitation, about the condition of the system or monitoring service, their Merchants ability, or their Fitness for any particular purpose, other than those expressly contained in this agreement. Customer understands and acknowledges that the system, transmission system, or companies or its contractors equipment may not function properly; that the company or its contractor may not respond promptly to the receipt of an alarm signal in that neither company nor its contractor has control over the response time or capability of any agency or person notify. Customer also understands that in the event that the company is determined to be directly or indirectly liable for any loss damage or injury that the $1,000 limit of liability and section 5 applies.
- SERVICE FEES AND TERMS OF AGREEMENT: This agreement shall continue for an internal term of five years unless earlier terminated pursuant to the provisions here of, and show thereafter automatically renew for successive 1 year terms. Customer make cancel this agreement by sending a signed request for cancellation to company which includes the customer's name, address, account number, and password at least 30 days before the end of the then-current term. Customer agrees to pay the total monthly fee above plus all applicable taxes permit fees, false alarm charges, communication charges, failed payment charges, guard charges, service charges, late charges, or other related charges, if applicable, whether imposed on company or customer. The company may not increase the total monthly fee during the initial term if the initial term of this agreement is 60 months or more; however, the company may increase total monthly fee during the initial term up to 5% annually without prior notice if customer agrees to a initial term of less than 60 months. Company may increase total monthly fee up to 5%annually during any renewal term without prior notice. There is a $25 charge on each failed payment. Customer understands of the city or county in which customers premises are located may require that customer obtain and maintain at customers expense a license or permit for the use and monitoring of an alarm system. If customer fails to maintain and / or provide or update any required license or permit, company will not beheld responsible for performing the service and may terminate the service without notice to customer.
- BILLING/LATECHARGES/FAILED PAYMENTS: In the event any late charges or failed payment charges are held to be in excess of the highest lawful amount, such charges will be reduced to the highest waffle amount, and any excess charges will be promptly refunded or credited to the customer's account. Auto pay in credit card payment customers will not receive a billing statement.
- Company is not an insurer and limitation of liability: customer acknowledges and agrees that neither company nor its contractor is an insurer; that customer assumes all risk of personal injury and loss or damage to customers premises or to the contents thereof. Customer further acknowledges and agrees that if any insurance is desired, customer must obtain it. In addition to the company's other rights at law or under this agreement, the customer specifically releases the company and its contractor from any liability for any event or condition covered by the customer's insurance. Customer understands and agrees that if company or its contractor’s should be found liable for loss or damage due to company or its contractors negligence, failure to perform any of the obligations here in, or failure of the monitoring service or the equipment in any respect whatsoever, companies and his contractor's liability shall be limited to the sum of one thousand dollars($1,000) and this liability shall be company’s or its contractor’s Sole and exclusive liability. In addition, customer understands and agrees any home automation or Interactive Services provided by company or its contractor are also subject to this $1,000 limit of liability and Company shall not be responsible if such systems or Services fail for any reason. If customer wishes company or its contractor to assume a greater liability, customer may obtain from company a higher limitation of liability by paying an additional periodic service charge to company. If customer elects to exercise his option, a rider should be attached to this agreement setting forth the terms, conditions and the amount of the liability in the additional periodic charge. Such writer and additional obligation shall in no way be interpreted to hold company or its contractor as an insurer.
- CUSTOMERS DUTIES: Customer shall maintain the system in good operating condition. Customer is responsible for testing the system monthly and anytime there is a change to any aspect of the transmission system (see section 9). Customer agrees to provide company and its contractor with written notice of any changes, revisions, or modifications to the transmission system and further agrees to provide and maintain current and correct subscriber and emergency contact information with company and its contractor. The customer must also notify company or is contractor promptly if customer believes there is a problem with the transmission system. Local authorities may not respond to alarm notification until all permits or licenses for use of the alarm system have been obtained. Customer’s duties under the section are important to ensure that the transmission system functions properly. If customer fails to perform such duties, company and its contractor will not be liable for damages or subject to a penalty as a result.
- Familiarization Period: Customer understands that customer's premises may be located in a jurisdiction which requires by law a familiarization period For a certain number of days. Customer understands that, during such period, company has no obligation to notify any authorities of any intrusion alarm signal the company receives from customers premises, even if due to an actual emergency event.
- Default, Disconnection, and Remedies: Customer will be in default and breach of this agreement if customer
(A) fails to pay any fees or charges when do and such failure continues for 10 days after insurance of written notice by company;
(B) generates, in company’s Sole judgment excessive false alarms; or
(C) fails to perform other obligations set forth in this agreement.
In the event of a default, the company May, by notice to customer, terminate customer’s monitoring services. Company’s responsibilities in liabilities under this agreement shall also immediately cease, and Company and its contractor will not be responsible for any warranties or Services provided under this agreement. Customer will remain responsible for all charges incurred prior to the effective date of the service termination. If customer breaches this agreement during its initial term or any renewal term, customer acknowledges that it will cause substantial damage to customer, and because it would be difficult if not impossible to determine the amount of such damage, customer will also pay as liquidated damages and not as a penalty either an amount equal to 80% of the remaining payments owed during the initial or renewal term of all sums the company may be entitled to under state law and, in either case, any related levies, court costs, collection costs, and attorney fees. All amounts are due immediately without presentment, demand, protest or further notice all of which customer expressively waives.
- Transmission System: Customer’s system communicates with company’s monitoring facility utilizing one or more networks-telephone, cable, internet, cellular, or radio. It may also utilize equipment and customers' home telephone or cable equipment, modem, router, power supply. Together, the system, the network and other equipment represent the “transmission system.” This transmission system is beyond the control of company in company takes no responsibility for its reliability or its continued compatibility with the intended usage. Each Network and the related in-dash home equipment has its own inherent risks and reliability levels and the customer should consider their own need sand requirements before choosing a transmission system. In order for the system to transmit signal over the Internet, it must have uninterrupted access to an always-on high-speed internet connection. If a signal from customer’s systems not reach company’s monitoring facility for any reason, company will not be able to respond. Communication issues might include, but are not limited to, network outages, severed lines, lack of power to keep components, signal jamming, obsolescence or failure of components, and/or changes in laws or regulations. Company is not responsible for notifying customer of such communication issues. The customer should test the system on a regular monthly basis and anytime there is a change to any aspect of the transmission system (see section 6). The customer should immediately notify the company of any changes to the transmission system (including use of DSL, VoIP or other Broadband services at these May interfere with or prevent signal transmission) Or any communication issues identified by customer during testing. If the transmission system uses a telephone line and that line is disconnected, the alarm transmission will fail. If customer has chosen a means of communication that causes the system to seize control of a communication Network in order to communicate with the monitoring facility, customer understands that they will not be able to use the same communication Network to call for an emergency response during the time that the communication network is in use.
- Interruption of service: Neither company nor its contractor assumes any liability for Interruption of monitoring service due to strikes, riots, floods, storms, earthquakes, fires, power failures, interruption or unavailability of communication network service, acts of God, or for any other causes beyond the control of company or its contractor. In case of such an event, company may suspend the monitoring service and/or this agreement without liability and without notification to customer. Company or its contractor may suspend or cancel this agreement without notice, liability, or penalty should the system, customer’s premises or company’s or its contractor’s monitoring facility has become so substantially damaged that further service is impractical. Customer will remain responsible to pay for services provided. Neither company nor its contractor shall haveany liability for delay in installation or maintenance of the equipment.
- Third Party Indemnification: Customer agrees to and shall indemnify, defend, and hold harmless company and its officers, directors, employees, agents, contractors in any person or entity For Whom the company is legally responsible, from and against any and all claims arising from this agreement brought by parties other than the parties to this agreement.
- Subrogation: Unless prohibited by customer’s insurance policy, customer here by discharges and agrees to hold company harmless from any and all claims, liabilities, damages, losses or expenses, arising from or caused by any Hazard covered by insurance in or on the customer's premises whether said claims are made by customer, his agents, insurance carrier, or other parties claiming under or through customer. Customer agrees to indemnify, defend and hold harmless company and its contractor from any action for subrogation that may be brought against company or its contractor by any insurer or insurance carrier, or its agents or assigns, including the payment of all damages, expenses, costs and attorney's fees. Customer shall notify their insurance carrier of the terms of this provision.
- Limitation on Actions: To the extent permitted by law both parties hereby agree that no suit or action that relates in any way to this agreements (whether based upon contract, negligence or otherwise) shall be brought against the other party more than one year after the accrual of the cause of action.
- Binding arbitration the parties agreed to resolve through binding arbitration all claims, disputes, or lawsuits (collectively “claims”), regardless of their nature, arising out of or related to this agreement or any other business relationship between the parties. The parties agree that arbitration shall be conducted in accordance with the commercial rules of the federal arbitration Act (FAA). Arbitration or any related litigation will take place in Dallas, Texas, Unless both parties agree to a different location. The arbitration shall be conducted by an attorney who is knowledgeable about the security industry. The arbitrator is not authorized to Grant punitive damages. Customer and Company agree that each me bring claims against the other only and customer or company’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both customer and Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not preside over any form of a representative or class proceeding of which these claims will be a part of. All Direct and indirect cost for arbitration will be paid by the non–prevailing party or split in equitable manner by the arbitrator the arbitration proceedings, including decisions and awards, shall be held in confidence by both parties. The parties acknowledge that by executing disagreement, they are waiving All rights to a jury or bench trial for all claims between the parties.
- False Alarms: Customer understand that local authorities May impose fines for false alarms or signals, and customer agrees to be responsible for these fines and any related cost whether they are levied directly on customer or on the company, its contractors, or subcontractors.
- Extended Service Option: If customer request repair service (other than service pursuant to an original installation warranty), company or its contractor may agree to provide such repair service during its regular business hours of 8 a.m. to 5 p.m. Monday through Friday (excluding holidays) for $50 per service trip (Or at company’s customary rates outside of the specified hours or days) For as long as company provides customer’s monitoring service and customer is current on all payments. Customer is responsible for repairs to or Replacements of batteries; key fobs; alarm screens; cellular equipment; cameras; video equipment; and home automation or interactive notification Services, equipment, Hardware or software. Customers also responsible for damage caused by abuse, misuse, faulty connections, tampering, construction, vandalism, theft, acts of God, cosmetic damage or any other cause other than normal wear and tear.
- Fire Prevention Devices: Any fire or Life Safety devices (including smoke detectors, carbon monoxide detectors or other auxiliary detectors) must be installed and operated in strict accordance with manufacturer’s and/or company’s specifications tested at least monthly (see section 6) and used In conjunction only with UL-certified devices. to the extent fire or Life Safety devices rely on other devices not connected to the system, customer must ensure that all devices, whether connected to the system or not, are powered by an always–on power source or live battery. Customer agrees that if power is cut off, the battery is low or dead, or a fire event cuts off the electricity or results in a loss of power that the fire or Life Safety devices will not operate, the alarm will not sound and no signals will be transmitted to company. Customer must also verify on a regular basis that all fire or Life Safety devices can properly transmit signals via the transmission system (see section 6 and 9). Lastly, customer agrees that the number and location of any fire or Life Safety devices can be governed by requirements or recommendations in national, state, and local laws, codes, and standards, and that any such fire or Life Safety devices may not fulfill such requirements or recommendations for number or location, and it is customer’s sole responsibility to comply with applicable laws, codes and standards relating to installation, placement, or maintenance of any such fire or Life Safety device
- Assignment: This agreement may not be assigned in whole or in part by a customer. Company May assign or subcontract all or any portion of this agreement without notice to customer in any such a shiny or subcontractor shall be entitled to the rights, benefits, Privileges and protection afforded to company under the terms of this agreement.
- Acknowledgement: In compliance with The Fair Credit Reporting Act (FCRA),customers authorizing company now and at any time during the term of this agreement to obtain a Consumer Credit Report. Customer should refer to the FCRA for further explanations of customers rights.
- Entire Agreement: This agreement is intended by the parties as a final expression of their agreements and as a complete an exclusive statement of the terms thereof. Company’s or its contractors Duty and obligation to provide monitoring service to customer arise solely from this agreement. This agreement supersedes all prior representations, understanding, or agreements of the parties. Disagreement can only be modified
(A) in writing, signed by the parties of their duly authorized agents or
(B) by written notice sent by company to customer, provided that customer does not object inwriting within 30 days after receiving the notice.
No waiver or breach of any term or condition of this agreement shall be construed to be a waiver of any succeeding breach. Customer agrees that company May convert this agreement to electronic media which may serve as the exclusive original.
- Privacy: Company will use commercially reasonable efforts to maintain the privacy of customer’s information. customer understands that company cannot guarantee privacy and agrees not to hold a company liable for any claims, lost, damages, or cost that may result from loss of privacy. Customer consents to company contacting him/her about new products and services. Customer consents to the recording of all Communications between the customer and the company.
- Licensing: If you are an Alabama resident, complaints against the licensee may be directed to the Alabama electronic Security Board of licensure, 7956 Vaughn Road. PMB392, Montgomery, AL, 36116, (334) 264-9388. in Arkansas, licensing is regulated by the Arkansas Board of Private Investigators and private security agencies, #1 State Police Plaza Dr, Little Rock, AR 72209, (501) 618-8600. In California, alarm company operators are licensed and regulated by the Bureau of Security and Investigative Services, Department of Consumer Affairs, P.O. Box 942507 Sacramento, CA 94258 (916) 574-7950. In Florida, licensing is regulated by the Florida Department of Business and Professional Regulation. Complaints may be directed to the company Department of Business and Professional Regulation, division of Regulation /compliance-consumer services, 1940 N. Monroe Street., Tallahassee, FL 32399. In New York, complaints may be directed to NYS Department of State Division of Licensing Services, Complaint Review Office, 123 William Street, 19th floor, New York, NY10038, (212) 417-5790. In North Carolina, licensing is regulated by the North Carolina alarm systems licensing board, 1631 Midtown Place, Suite 104, Raleigh, NC 27609, (918) 875-3611. in Texas, licensing is regulated by the Texas Department of Public Safety, Commission on Private Security Bureau PO box 4087, Austin, TX 78773, (512) 424-7710
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Xcite Audiovisuals, LLC
7167 S. Alton Way
Centennial, CO 80112
Phone: (720) 287-2516