Security Protection Systems Lease/Monitoring Agreement
Last Updated: August 9, 2016
This on-line Agreement will always take precedence over all printed versions.
Terms and Conditions
AGREEMENT made this day of ________________________, between Security Protection Systems, hereinafter called the
"Company" and ______________________ hereinafter called the "Subscriber".
WITNESS as follows:
That for the consideration hereinafter named, the Company agrees to install and maintain in the premises of the Subscriber, located
at _________________________________, County of ________________, City, ST of _________________________________
a type PURCHASED / LEASED / MONITORED ALARM SYSTEM, including all necessary devices and wire connections, for
the designated protection of the points described and until the termination of this Agreement, make such repairs and adjustments as may be necessary to maintain such system on good working order under the terms of the warranty.
- This Agreement is not assignable by the Subscriber without the prior written consent of the Company.
- Subscriber understands that if this Agreement is a lease agreement then all installed equipment is and shall remain the property of the Company. Upon termination of a lease Agreement for any reason whatsoever, including Subscriber's default in payments, the Company shall have the right at its option, to enter the premises and remove any part or all of the leased system without any obligation to repair or redecorate any portion of the premises.
- The Subscriber agrees to pay to the Company in advance the sum of installation of the hardware and a monthly monitoring charge billed monthly, quarterly, semi-annually or annually. Installation rates and monthly monitoring pricing are incorporated into this Agreement by the reference.
- The Subscriber agrees to pay any City, State or Federal taxes, fees, or charges now in force or hereafter imposed, applying to this installation and monitored service.
- This Agreement shall renew itself for a period based on billing for monitoring services and for successive periods thereafter upon the same terms and conditions unless either party gives to the other thirty (30) days written notice by registered mail prior to the expiration date of intention to terminate this Agreement upon its original or any renewed expiration date.
- The Subscriber hereby agrees that the Company shall have the right to increase or decrease the service charge provided for herein, at any time or times after the expiration of One (1) year from the date hereof upon giving the Subscriber notice and if the Subscriber is unwilling to pay such increased charge, Subscriber may cancel the then unexpired term of this Agreement by notifying the Company in writing by registered mail with five (5) days of the notice of such increase..
- It is agreed and understood by the parties hereto that this Agreement constitutes the entire agreement between the parties, and there are no verbal understandings changing or modifying any of the terms of this Agreement. This contract may not be changed, modified or varied except by agreement, including the terms and conditions, particularly paragraph 5 in Terms and Conditions (Continued) below.
Terms and Conditions (Continued)
- Subscriber shall carefully and properly set the burglar alarm system each night or at such other time as Subscriber shall close his premises. Subscriber shall carefully and properly test the burglar alarm system prior to each closed period and shall immediately report to the Company any claimed inadequacy in or failure of the system. The Company shall make such repairs as shall be necessary as soon after receipt of such notice as is reasonably possible. Subscriber hereby acknowledges that he/she is aware that there is 24 hour service available through the Alarm Center by calling the numbers provided by the Company.
- Subscriber shall permit the Company access to the premises during regular business hours in connection with the Company's rights or obligation under this Agreement. Subscriber hereby authorizes the Company to make installation at its convenience. Any claim by Subscriber of improper installation or a defect in the system must be given in writing to the Company within thirty (30) days from the installation completion. The Company shall have a reasonable time in which to rectify any defects or improper installation. Subscriber agrees to furnish any necessary 110 volt A.C. power at his expense.
- The Company agrees to make any repairs and replacements to the alarm system for one (1) year from date of Agreement for any defects, however not including intentional damage to the system by its misuse, ordinary wear and tear, acts of God or abuse.
- Company assumes no liability for delay in installation of the system, or interruption of service due to strikes, riots, floods, fires, acts of God or any cause beyond the control of Company. Company will not be required to supply service to the Subscriber while interruption of service due to any such cause shall continue.
- The Company does not represent or warrant that the system may not be circumvented or compromised, or that the system will in all cases provide the protection for which it is installed or intended. In view of the mature of this service and the factors involved in and incident to its operation, and in consideration of the service charge set forth above, it is mutually agreed that the Company is not an insurer of persons, life, limb or property, and that the payments hereinbefore named are based solely upon the value of the services herein described, and it is not the intention of the parties that Company assume responsibility or be liable to anyone whatsoever for the death of or injury to any person, or for any loss or damage which may at any time be occasioned solely or in part by or because of the improper working of the equipment, device or connecting circuit, or by or because of the failure of signal to be received at the Central Station, if such service is contracted for, or by the malfeasance or misfeasance in the performance of the services under this contract or for any loss or damage sustained through burglary, theft, robbery, fire or other cause, or by or because of any negligent act or negligent failure to act on the part of the Company, its employees or agents, or for loss or damage by or because of non-performance, or delay caused by strikes of Company employees or the employees of others or by or because of other labor disturbances, riots, war, authority of law, or acts of God or the public enemy, or any liability on the part of Company by virtue of this Agreement or because of the relationship hereby established. If there shall, notwithstanding the above provisions, at any time be or arise any liability on the part of Company by virtue of this Agreement or because of the relation hereby established, whether due to negligence of Company, its employees or agents, or otherwise, such liability is and shall be limited to a sum equal in amount to the rental service charge hereunder for a period service not to exceed 6 months which sum will be paid and received as liquidated damages. Such liability as herein set forth is fixed as liquidated damages and not as a penalty and this liability shall be complete and exclusive. THAT IN THE EVENT SUBSCRIBER DESIRES COMPANY TO ASSUME GREATER LIABILITY FOR THE PERFORMANCE OF ITS SERVICES HEREUNDER, A CHOICE IS HEREBY GIVEN OF OBTAINING FULL OR LIMITED LIABILITY COVERAGE BY PAYING AN ADDITIONAL AMOUNT UNDER A GRADUATED SCALE OF RATES PROPORTIONED TO THE RESPONSIBILITY, AND AN ADDITIONAL RIDER SHALL BE ATTACHED TO THIS AGREEMENT SETTING FORTH THE ADDITIONAL LIABILITY COVERAGE OF COMPANY AND ADDITIONAL CHARGE. THAT THE RIDER SHALL IN NO WAY BE INTERPRETED TO HOLD COMPANY AS AN INSURER AND COMPANY'S LIABILITY SHALL BE LIMITED TO THE EXTENT SET FORTH IN SAID RIDER.
- If any agency or bureau having jurisdiction, or Subscriber by his or its own act shall require or make necessary changes in the system as originally installed, Subscriber agrees to pay for the cost of such changes.
- Company shall not be responsible to the Subscriber or others for any damages or loss to any real or personal property arising out of the Company's obligation to maintain or right to remove the system.
- The Subscriber does hereby for itself and all parties claiming under it, release and discharge the Company from any and all hazards covered by insurance, it being expressly understood and agreed that no insurance company or insurer shall have any rights to subrogation against the Company.
- The Subscriber shall be responsible for and pay any costs incurred by the Company for collection of monies due pursuant to this contract as well as Court Costs. Cost of execution and levy, a reasonable attorney's fee and any other costs. and expenses without limit, which may or might be incurred by the Company as a result of a breach of the terms of the contract and conditions of the contract by the Subscriber or in connection with the collection of any monies due hereunder.
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