: Subscriber has requested and authorized MONITORU/SENTRYNET to provide monitoring services for ‘do it yourself ’’ alarm system. To be installed by subscriber or someone of Subscriber’s choosing. MONITORU/SENTRYNET and Subscriber have entered into an Agreement wherein and whereby MONITORU/SENTRYNET will provide monitoring services for the Subscriber, such services to consist solely of those described herein. The Subscriber has agreed to such monitoring services. MONITORU/ SENTRYNET agrees to perform monitoring services solely as the subcontractor of the Subscriber upon terms and conditions set forth in this Agreement. INSTALLER IS NOT OWNED OR OPERATED BY MONITORU/SENTRYNET AND IS INDEPENDENT. THE SUBSCRIBER AGREES THAT MONITORU/SENTRYNET DOES NOT ASSUME AND SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS OF THE INSTALLER. When a signal from the system is received in MONITORU/ SENTRYNET monitoring facility MONITORU/SENTRYNET will try to telephone the proper police or fire department, paramedic unit or other authorities and the first available person on the subscriber’s emergency call list. To avoid false alarms, MONITORU/SENTRYNET may call the subscriber’s premises first to determine if an actual emergency exists before MONITORU/SENTRYNET calls any authorities. If MONITORU/SENTRYNET has reason to believe that no actual emergency exists, MONITORU/ SENTRYNET may choose not to place such calls. MONITORU/SENTRYNET may discontinue any particular response service by giving the subscriber written notice if required to do so by any governmental agency or our liability insurance provider. MONITORING SERVICE WILL NOT BEGIN UNTIL MONITORU/SENTRYNET HAVE RECEIVED AN APPROVED AND FULLY EXECUTED COPY OF THIS AGREEMENT. All monitoring fees are paid to MONITORU by the Subscriber. TERMS OF AGREEMENT: SUSPENSION DISCONNECTIONS:
This agreement shall continue for as long as the Subscriber contracts with MONITORU/SENTRYNET for the performance of monitoring services for the subscriber. MONITORU/SENTRYNET may terminate monitoring services by giving the subscriber ten (10) days prior written notice, in the event that (i) Subscriber notifies MONITORU of its termination of service for the monitoring for any reason, (ii) Subscriber fails or refuses to make payments for services furnished or to be furnished to the subscriber by MONITORU, or (iii), the system is not maintained in good operating condition and repair. Upon giving such notice, this Agreement and all of MONITORU/SENTRYNET responsibilities hereunder shall come to end and neither party hereto shall have any claim against the other for any further obligations. Upon termination of this Agreement for any reason, the subscriber agrees to permit MONITORU/SENTRYNET to discontinue monitoring and further permit MONITORU/SENTRYNET to disconnect the subscriber’s system form our monitoring network. The subscriber understand that MONITORU/SENTRYNET may stop or suspend monitoring service if (a) strikes, severe weather, earthquakes or other such events beyond our control affect the operation of our monitoring facility to the extent that continuing service would be impractical; (b) there is an interruption or unavailability or the telephone or cell or internet service between the system and our monitoring facility; (c) MONITORU/SENTRYNET are unable to provide service because of some action or ruling by any governmental authority.
TRANSMISSION LINES: TRANSMISSION FACILITY:
The system includes a communicator that sends signals to the facility by one of the following methods. Standard Telephone Service. The communicator is connected to the subscriber’s standard landline telephone service. MONITORU/SENTRYNET recommend the use of an RJ31X or equivalent telephone jack to give the system priority over other telephones in the subscriber’s premises, however, when the system is activated, the subscriber will unable to use the subscriber’s telephone to make other calls (such as calls to the 911 emergency operator), and therefore, the subscriber may wish to have the system connected to a second telephone line. The subscriber agrees to reimburse MONITORU/SENTRYNET for any costs MONITORU/SENTRYNET may incur to reprogram the system’s communication devices because of the area code changes or other dialing pattern changes.
Cellular Transmission. If cellular service is used as a primary or secondary transmission path, the communicator is connected to our cellular network. Cellular transmissions may be impaired or interrupted by atmospheric conditions, including electrical storms, power failures or other conditions and events beyond our control.
Internet Transmission. If the communicator is connected to the Internet, which uses a wifi module via Internet Provider. In order for the system to transmit signals, it must have uninterrupted access to an Internet connection.
The subscriber further acknowledge that signals are all transmitted over the Internet, which is wholly beyond MONITORU/SENTRYNET’s control and is maintained and serviced solely by the applicable telephone or cable utility and Internet service provider (unless the subscriber has a cellular backup.)
FALSE ALARMS: The subscriber agrees that the subscriber or others using the system will use it carefully so as to avoid causing false alarms. If MONITORU/SENTRYNET receives too many false alarms MONITORU/SENTRYNET may cancel monitoring service. If a false alarm fine or penalty is charged to MONITORU/SENTRYNET by any governmental agency, the subscriber will repay MONITORU/SENTRYNET for those charges.
The subscriber will instruct all persons who may use the system on its proper use. The subscriber will test the system and send test signals to MONITORU/SENTRYNET monitoring facility in accordance with MONITORU/SENTRYNET instructions at least monthly. If a problem in the system occurs the subscriber will notify MONITORU immediately. The subscriber will obtain and keep in effect all permits and licenses that may be required for the installation and operation of the system. The subscriber will notify MONITORU in writing of any changes in the persons or telephone numbers of the information contained on the first page of this agreement. (IF THE SYSTEM INCLUDES ANY WIRELESS DEVICES, INCLUDING A PERSONAL PENDANT, THEY ARE BATTERY OPERATED. THE SUBSCRIBER ARE RESPONSIBLE FOR TESTING THE DEVICES AND REPLACING THE BATTERIES AS NEEDED) ASSIGNEES: MONITORU/SENTRYNET may transfer or assign this agreement to any other alarm company. The Subscriber can transfer this agreement to anyone with a new monitoring agreement filled out, signed and sent back to MONITORU.
MONITORU/SENTRYNET IS NOT INSURER: LIMITATION OF LIABILITY: The subscriber understand: (a) MONITORU/SENTRYNET are not an insurer of the subscriber’s property or the personal safety of persons in the subscriber’s premises; (b) the subscriber should provide any insurance on yourself and others who may use the system; (c) the amount the subscriber pays to MONITORU is based only on the value of the service MONITORU provides; (d) alarm systems and MONITORU/SENTRYNET monitoring service may not always operate properly for various reason; (e) it is difficult to determine how fast the police or fire department, paramedics, persons the subscriber have designated, or others will respond to an alarm signal; (f) the system, service and transmission lines are limited as set forth in Sections 2 and 4 herein; (g) it is difficult to determine what portion, if any, of any property loss, personal injury or death would be proximately caused by MONITORU/SENTRYNET’s failure to
perform, MONITORU/SENTRYNET’s negligence, or failure of the system.
THEREFORE THE SUBSCRIBER AGREES:
Even if a court or other tribunal decides that MONITORU/SENTRYNET breeched this Agreement, a failure of the system, MONITORU/SENTRYNET negligence, or a failure of the installation, monitoring or repair service caused or allowed any harm or damage (whether property damage, personal injury or death) to the subscriber or anyone in the subscriber’s premises the subscriber agree that MONITORU/ SENTRYNET has NO LIALBLITY.
THIRD PARTY INDEMNIFICATION AND SUBROGATION: If anyone other than the subscriber, asks MONITORU/SENTRYNET to pay for any harm or damages (including property damage, personal injury of death) connected with or resulting from (i)a failure of the alarm system or services, MONITORU/ SENTRYNET negligence, (ii) any other improper or careless activity of MONITORU/SENTRYNET in providing the alarm system or services or (iii) a claim for indemnification or contribution, the subscriber will repay to MONITORU/SENTRYNET (a) any amount which a court orders MONITORU/ SENTRYNET to pay or which MONITORU/SENTRYNET reasonably agree to pay, and (b) the amount of MONITORU/SENTRYNET reasonable attorney’s fees and other loss or costs that MONITORU/ SENTRYNET may pay in connection with the harm or damages. Unless prohibited by the subscriber’s
property insurance policy, the subscriber agrees to release MONITORU/SENTRYNET from any claims of any parties suing through the subscriber’s authority of in the subscriber’s name, such as the subscriber’s insurance company, and the subscriber agree to defend MONITORU/SENTRYNET against any such claim. The subscriber will notify the subscriber’s insurance company of this release. LIMITATION OF LAWSUITS: WAIVER OF JURY TRIAL: Both MONITORU/SENTRYNET and Subscriber agree that no lawsuit or any other legal proceeding connected with this agreement shall be brought or filed more than one year after the incident giving rise to the claim occurred. In addition any such legal proceeding shall not be heard before a jury. Each party gives up any right to a jury trial.
ENTIRE AGREEMENT: The entire and only agreement between the subscriber and MONITORU/ SENTRYNET is written in this Agreement. It replaces any earlier oral or written understandings or agreements. It may only be changed by a written agreement signed by the subscriber (and if married, the subscriber’s spouse) and MONITORU. If the subscriber has given or ever gives MONITORU/SENTRYNET a purchase order for any service which provides for different terms than this agreement, the agreement will govern and be controlling. THIS AGREEMENT CANNOT BE AMENDED, ALTERED OR MODIFIED, BY ANY OTHER AGREEMENT ENTERED INTO BETWEEN MONITORU/ SENTRYNET AND THE SUBSCRIBER. MONITORU/SENTRYNET’s DUTY AND OBLIGATION TO PROVIDE MONITORING SERVICE TO THE SUBSCRIBER ARISE SOLELY FROM THIS AGREEMENT. The subscriber is not a third party beneficiary to any agreement between the Installer and MONITORU/SENTRYNET. If any provision of this agreement is found to be invalid or illegal by a court, the balance of the agreement shall remain in force.
ALARM COMPANIES ARE LICENSES AND REGULATED BY THE FOLLOWING AGENCIES:
AL-004&600 – Alabama Electronic Security Board of Licensure, 7956 Vaughn Road, PMB 392, Montgomery, AL 36116
AR-E1068 – Arkansas State Police, #1 State Police Plaza Drive, Little Rock, AR 72209
CA-ACO5944 – Bureau of Security and Investigative Services, Department of Consumer Affairs, P.O. Box 989002, Sacramento, CA 95814
DE-230 Delaware State Police Detective Licensing Section, P.O. Box 430, Macon, Dover, DE 19903
DE-CSRSL0032 – Delaware State Fire Marshall, P.O. Box 166A Rd2, Dover, DE 19904
FL-EF0001066 – Florida Electrical Contractors Licensing Board, 1950 North Monroe Street, Tallahassee, FL 32399-0771
FM-3016873 – Factory Mutual Research, 1151 Boston-Providence Turnpike, Norwood, MA 02062
GA-LVU405333, Georgia Construction Industry Licensing Board, 237 Coliseum Drive, Macon, GA 31217-3858
IL-128.00205&127.001347 – Illinois Department of Financial and Professional Regulation, 320 West Washington street, 3rd Floor, Springfield, IL 62791
MD-107-1468 – Maryland State Police Licensing Division, 7751 Washington Blvd., Jessup, MD 20794
OK-435 – Oklahoma State Department of Health, P.O. Box 268817, Oklahoma City, OK 73126-8817
OR-49703 – Oregon Department of Public Safety Standard & training, 4190 Aumsville Highway SE, Salem, OR 97317
TN-0092&1078 – Tennessee Alarm Contractors Board, 500 James Robertson Parkway, Suite635, Nashville, TN 37423
TX-B07791 – Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Capitol Station, Austin, TX 78711
TX-ACR1536 – Texas State Fire Marshal’s Office, P.O. Box 149221, Austin, TX 78714-9221
UL-S3479 – Underwriters Laboratories Inc., 333 Pfingsten Rd, Northbrook, IL 60062-2096
VA-114793 – Virginia Department of Criminal Justice Services, 202 N. Ninth Street, Richmond, VA 23219
WA-835 – Washington Department of Licensure, P.O. Box 9020, Olympia, WA 98507