Annual Fire Alarm Monitoring Terms
Web Surveillance iGuard, LLC hereinafter referred to as “iGuard” and the undersigned, hereinafter referred to as “Subscriber”, hereby agree as follows:
1. Description of services: iGuard agrees to connect Subscriber’s existing alarm system to a central monitoring station and provide alarm monitoring services to Subscriber. iGuard agrees to attempt to contact Subscriber in the event of an alarm signal being received by the central monitoring station within 72 hours of the central monitoring station receiving the signal, to determine if the Subscriber requires service to be performed on the alarm system. If Subscriber requires iGuard to provide service on the alarm system, iGuard will dispatch a certified service technician to Subscriber’s premises to diagnose and service the alarm system, and Subscriber will be billed according to the Schedule of Charges listed in section 2.
2. Schedule of charges: iGuard will bill the Subscriber at the following rates for the following services:
a. One-time Connection charge: $ Please call
b. Annual rate for alarm monitoring service: $ Please call
c. On-site service: $110.00 per hour
3. Warranty for Connection: iGuard agrees to repair or replace any or all of its work performed to establish a connection to the monitoring service, together with any other adjacent work which may be displaced by so doing, that may prove to be defective in its workmanship or materials within a period of one (1) year from the date of connection without any expense whatsoever to Subscriber, except for normal wear and tear and unusual abuse or neglect, unless this agreement is terminated for any reason prior to one (1) year after the connection is established. This is not a warranty for a complete alarm system, whether or not it was installed by iGuard. This warranty only covers the work required in addition to an existing alarm system, necessary to establish a connection to the monitoring service.
4. Term of Agreement: The term of this agreement shall be for One (1) year from the date of connection and it shall automatically be renewed for an additional One (1) Month term until either of the parties hereto shall have notified the other party in writing of intent to terminate at the end of the then current term, such notification being given no less than Thirty (30) days prior to the expiration of the then current term. iGuard may terminate service by giving Subscriber ten (30) days prior written notice, in the event that the alarm system is not maintained in good operating condition and repair. Upon giving such notice of service termination, this Agreement and all of iGuard’s responsibilities hereunder shall come to an end and Subscriber shall have no claim against iGuard for any further obligations. Upon termination of this Agreement for any reason, Subscriber agrees to permit iGuard or the central station to enter Subscriber’s premises and disconnect Subscriber’s system from the monitoring network. Subscriber understands that service may be stopped if (a) strikes, severe weather, earthquakes or other such events beyond iGuard’s control affect the operation of the central station to the extent that continuing monitoring service would be impractical; (b) there is an interruption or unavailability of the telephone or internet service between the alarm system and the central station; (c) iGuard is unable to provide monitoring service by some action or ruling by any governmental agency.
5. Transmission of alarm signal: Subscriber fully understands and acknowledges that alarm signals are transmitted over telephone lines, cellular, radio, or the internet, which is wholly beyond the control of iGuard, and is maintained and serviced solely by the applicable telephone, cellular, radio or internet provider.
6. False Alarms: Subscriber agrees that their self or others using the system will use it carefully so as to avoid causing false alarms. If iGuard receives too many false alarms iGuard may cancel alarm monitoring service by giving ten (10) days written notice to Subscriber. If a false alarm fine or penalty is charged to iGuard by any governmental agency or any other party, Subscriber agrees to repay iGuard for the charge.
7. Subscriber’s Duties: Subscriber will educate and train all persons who use the alarm system on its proper use. Subscriber will test the alarm system and send test signals to the central station in accordance with the central station’s instructions at least monthly. If a problem in the alarm system occurs Subscriber agrees to notify iGuard immediately. Subscriber will keep in effect any and all permits and licenses that may be required for the installation and operation of the alarm system. Subscriber will notify iGuard and central station of any changes to the persons or telephone numbers to be contacted in the event of an alarm, as indicated on this contract under Parties To Be Notified.
8. Assignees: iGuard may transfer or assign this agreement to any other alarm company. Subscriber may not transfer this agreement to any other party, including any party who rents or purchases the Subscriber’s premises, unless iGuard approves the transfer in writing.
9. Limitation of Liability: iGuard is not an insurer: Subscriber understands that:
a. iGuard is not an insurer of Subscriber’s property or the personal safety of persons on Subscriber’s premises;
b. Subscriber should provide insurance on themselves and any others who may use the system;
c. The amount Subscriber pays to iGuard is solely based on the value of the service provided, and is unrelated to the value of the Subscriber’s property or the property of others located on the Subscriber’s premises;
d. While iGuard strives to provide 100% up-time and continuous service, alarm systems and our monitoring service may not always operate properly for various reasons;
e. It is difficult to determine how fast the police or fire department, paramedics, persons Subscriber has designated, or others will respond to an alarm signal; f. It is difficult to determine what portion, if any, of any property loss, personal injury or death would be proximately caused by iGuard’s failure to perform, iGuard’s negligence, or a failure of the system or monitoring service. Therefore, Subscriber agrees that: Even if a court or tribunal decides that iGuard’s breach of this agreement, a failure of the system or monitoring service, iGuard’s negligence, or a failure of the installation, monitoring or repair service caused or allowed harm or damage (whether property damage, personal injury or death) to Subscriber or anyone on Subscriber’s premises Subscriber agrees that our liability shall be limited to a sum of $500.00, and this shall be Subscriber’s only remedy regardless of what legal theory is used to determine that iGuard was liable for the injury.
10. Third party indemnification and subrogation: If any party other than Subscriber, asks iGuard to pay for any harm or damages (including property damage, personal injury, or loss of life) connected with or resulting from (i) a failure of the alarm system or services, iGuard’s negligence, (ii) any other improper or careless activity of iGuard in providing the alarm system or services or (iii) a claim for indemnification or contribution, Subscriber will repay to iGuard (a) any amount which a court orders iGuard to pay or which iGuard reasonably agrees to pay, and (b) the amount of iGuard’s reasonable attorney’s fees and other loss or costs that iGuard must pay in connection with the harm or damages. Unless prohibited by Subscriber’s property insurance policy, Subscriber agrees to release iGuard from any claims of any parties suing through Subscriber’s authority or in Subscriber’s name, such as Subscriber’s insurance company, and Subscriber agrees to defend iGuard against any such claim. Subscriber will notify their insurance company of this release.
11. Limitation of lawsuits and waiver of jurytrial: Both iGuard 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.
12. Entire Agreement: The entire and only agreement between Subscriber and iGuard 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 Subscriber and iGuard. If Subscriber has given or ever gives iGuard a purchase order for the service which provides for different terms than this agreement, this agreement will govern and be controlling. Subscriber is not a third party beneficiary from any agreement between iGuard and the central monitoring station. If any provision of this agreement is found to be invalid or illegal by a court, the balance of this agreement shall remain in force.
Web Surveillance iGuard, LLC
(440) 260-2879 (888) 99-iGuard
OH License: 53 18 1656, 54 18 5301, 54 18 5302
