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Posted by Borked Pseudo Mailed on May 8, 2008, 1:01 am
If you were Registered and logged in, you could reply and use other advanced thread options
In case Brinks needs to see what an honest monitoring contract looks like, we
have provided ours. Please feel free to use our contract to better serve your
customers, while you still can.
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 things:
* 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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Posted by Red on May 8, 2008, 10:07 pm
If you were Registered and logged in, you could reply and use other advanced thread options
Oh yea, that'll help you out of a jam. Round file it where it
belongs.
On Wed, 7 May 2008 23:01:02 -0600 (MDT), Borked Pseudo Mailed
>In case Brinks needs to see what an honest monitoring contract looks like, we
have provided ours. Please feel free to use our contract to better serve your
customers, while you still can.
>
>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 things:
> * 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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