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Posted by Russell Brill on May 8, 2008, 11:31 pm
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> Are you tired of Brinks' endless rate increases?
> Moved into a home with a Brinks system in place?
> Or are you thinking of canceling your contract with Brinks?
>
> Please visit us at the address below.
>
> Alarm Relay Inc.
> 111 South Marshall Ave
> El Cajon, CA 92020
> 800.624.6866 (Toll Free)
> 619-442-7171 (Fax)
> www.alarmrelay.com
> info@alarmrelay.com
>
> One Year Monitoring Agreement
>
> This is an agreement between you ("Subscriber") and Alarm Relay,
> ("COMPANY"), for the purpose of providing monitoring of the security alarm
> system you already own at the address supplied by you. "You" and "yours"
> refer to "Subscriber" and "we", "us" and "our" refer to "COMPANY”. You
> understand that "monitoring service,” means only that COMPANY will react
> to signals received by us from the security alarm system you already have
> at your premises.
>
> 1. Service will commence when COMPANY at its monitoring center has
> received test signals from your premises and both COMPANY and Subscriber
> agree that such signals have been satisfactorily transmitted and received.
> COMPANY will bill Subscriber’s credit card for the first year of
> monitoring ($107.40) and a one-time set up fee ($35.00). This agreement
> shall automatically renew each year until COMPANY or Subscriber indicates
> termination via Email or in writing. Subscriber may terminate this
> agreement at the end of one year by notifying COMPANY, 30 days in advance
> of cancellation, via Email, Fax, or US Mail.
>
> 2. Subscriber understands that COMPANY agrees to monitor a security
> system owned by Subscriber and not installed by or designed by COMPANY.
> COMPANY makes no representation as to suitability or condition of
> Subscriber's system.
>
> 3. COMPANY assumes no responsibility whatsoever for the maintenance,
> operation or non-operation, actuation or non-actuation, of your existing
> equipment. COMPANY reserves the right to terminate service under this
> Agreement in the event your existing equipment is not in good operating
> condition and COMPANY will not be liable for any damages or penalties as a
> result of termination under those circumstances.
>
> 4. Subscriber acknowledges that if COMPANY utilizes a digital
> communicator for the purposes of sending alarm signals from Subscriber's
> premises to COMPANY’S Central Station, that the signals from Subscriber's
> alarm system are sent over Subscriber's regular telephone service to
> COMPANY’S Central Station, and in the event Subscriber's telephone service
> is out of order, disconnected, placed on vacation or otherwise
> interrupted, signals from Subscriber's alarm system will not be received
> in COMPANY'S Central Station during any such interruption and the
> interruption will not be known to COMPANY. Subscriber further acknowledges
> and agrees that signals are sent over telephone COMPANY lines, which are
> wholly beyond the control and jurisdiction of COMPANY and are maintained
> and serviced by the applicable telephone provider.
>
> 5. COMPANY encourages its Subscribers to carry adequate insurance to
> safeguard their valuables. Adequate insurance would compensate
> Subscriber's losses including but not limited to losses due to burglary,
> hold up and fire in case of transmission problems due to severance of
> telephone lines or due to development of shorts or grounds, which may
> affect the system and the transmission of signals to COMPANY’S Central
> Station. Electronic alarm systems are not foolproof. They do not replace
> insurance.
> ALARM COMPANY OPERATORS ARE LICENSED AND REGULATED BY THE BUREAU OF
> COLLECTION AND INVESTIGATIVE SERVICES. ANY QUESTIONS CONCERNING AN ALARM
> COMPANY OPERATOR MAY BE REFERRED TO THE CHIEF, BUREAU OF COLLECTION AND
> INVESTIGATIVE SERVICE, 1920 20th STREET, SACRAMENTO, CALIFORNIA 95814.
>
> 6. COMPANY makes no express or implied warranties as to any matter
> whatsoever, including, without limitation, the condition of the equipment,
> its merchantability or its fitness for any particular use.
>
> 7. Subscriber agrees to carefully and properly test and set system
> daily, including walk test if movement detection devices are installed,
> and will notify COMPANY promptly on any operating defect.
>
> 8. A reconnect charge is to be paid by Subscriber if alarm is cut off
> because of a past due balance and Subscriber desires it reconnected.
> Subscriber is to receive no credit if system is temporarily cut off or out
> of service for any reason.
>
> 9. COMPANY IS NOT AN INSURER; LIQUIDATED DAMAGES; LIMITATION OF
> LIABILITY: It is understood and agreed: That COMPANY is not an insurer:
> that insurance, if any, shall be obtained by the Subscriber: that the
> payments provided herein are based solely on the value of the services set
> forth herein and are unrelated to the value of the Subscriber's property
> or the property of others located on Subscriber's premises; that COMPANY
> makes no guaranty or warranty, including any implied warranty of
> merchantability of fitness that the equipment or services supplied will
> avert or prevent occurrences or the consequences there from which the
> system or service is designed to detect or avert. Subscriber acknowledges
> that it is impractical and extremely difficult to fix the actual damages,
> if any, which may proximately result from a failure to perform any of the
> obligations herein, or the failure of the system to properly operate with
> resulting loss to Subscriber because of, among other thin
> gs:
> * The uncertain amount or value of Subscriber's property or the
> property of others kept on the premises which may be lost, stolen,
> destroyed, damaged or otherwise affected by occurrences which the system
> or service is designed to detect or avert;
> * The uncertainty of the response time of any police or fire
> department, should they be dispatched as a result of a signal from or at
> premises;
> * The inability to ascertain what portion, if any, of any loss
> would be proximately caused by COMPANY'S failure to perform or by its
> equipment to operate;
> * The nature of the service to be performed by COMPANY.
>
> 10. Subscriber understands and agrees that if COMPANY should be found
> liable for loss or damage due to failure of COMPANY to perform any of the
> obligations herein, including but not limited to installation,
> maintenance, monitoring or service, or the failure of the system or
> equipment in any respect whatsoever, COMPANY'S liability shall be limited
> to a sum equal to the total of Two Hundred Fifty ($250.00) Dollars as
> liquidated damages and not as a penalty and this liability shall be
> exclusive; and that the provisions of this Section shall apply if loss or
> damage, irrespective of cause of origin, results directly or indirectly to
> persons or property, from performance or non-performance of the
> obligations imposed by this contract, or from negligence, active or
> otherwise, of COMPANY, its agents, assigns or employees.
>
> 11. Cost of unnecessary service or false alarm calls by Subscriber to be
> borne by Subscriber. If excessive false alarms are caused by carelessness,
> malicious, or unintended use of the alarm system, COMPANY may, at its sole
> discretion, deem same to be a material breach of contract on part of
> Subscriber and may be excused from further performance. Subscriber agrees
> to eliminate conditions or factors interfering with the proper operation
> of installed devices or which may cause false alarms.
>
> 12. In the event of an alarm signal from premises, COMPANY agrees to
> transmit it to local police, fire department or persons designated by
> Subscriber. Subscriber hereby authorizes COMPANY, at COMPANY’S discretion,
> to cause the arrest of anyone found on the premises without authority to
> enter and cause him to be held until released by Subscriber or his
> representative. In the event local authorities refuse to respond to an
> alarm signal at the premises, Alarm Relay will notify Subscriber. Alarm
> Relay attempt to reach Subscriber until an approved member of the call
> list is contacted. In the event we cannot reach an approved member of the
> call list, leaving a voice mail or recorded message constitutes sufficient
> notification by COMPANY to Subscriber.
>
> 13. COMPANY is to be kept informed in writing by Subscriber of his daily
> and holiday opening and closing schedule, if applicable, and of all
> persons authorized to enter premises during his closed hours or who may be
> called in the event of an alarm signal from or at premises. Subscriber
> hereby authorizes COMPANY to manually or automatically disconnect system,
> if so ordered by a public official or regulation or for nuisance or
> electrical reasons or if COMPANY is unable to notify Subscriber at
> emergency number listed or if Subscriber declines, or fails to arrive at
> premises within 30 minutes after notification. Subscriber agrees to hold
> COMPANY harmless and to indemnify COMPANY for any loss or liability that
> may result from turning off of the system.
>
> 14. INCREASE IN OPERATING EXPENSES COMPANY shall have the right, at
> renewal of service, to increase the monthly charges provided herein, to
> reflect any additional taxes, licenses, permits, fees or charges which
> hereafter may be imposed on COMPANY by any utility or governmental agency
> relating to the service provided under the terms of the Agreement and
> Subscriber agrees to pay the same.
>
> 15. INVALID PROVISIONS If any terms or provisions of this Agreement shall
> be determined to be invalid or inoperative, all of the remaining terms and
> provisions shall re-main in full force and effect.
>
> 16. COMPANY assumes no liability for failure to perform because of labor
> trouble, riots, floods, acts of God, or any catastrophe or condition
> beyond its control and is not required to perform service while any such
> condition exists. COMPANY shall have the right to cancel an existing
> agreement without or with notice in the event the telephone COMPANY
> discontinues certain grades of telephone lines, or if Subscriber's
> premises including telephone lines or COMPANY'S Central Station should be
> destroyed by fire or any calamity.
>
> 17. This agreement is not assignable by Subscriber without written
> consent of COMPANY. COMPANY shall have the right to assign this agreement
> or subcontract any of the services it may perform. There are no verbal
> understandings changing or modifying this agreement.
>
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