This Agreement is entered into by Mobile Monitoring Services LLC, hereinafter referred to as THE ALARM CO. and the “SUBSCRIBER”.
1. SERVICES PROVIDED: THE ALARM COMPANY agrees to provide monitoring services (see paragraph 6) for the alarm system installed on the Camera Security Trailer (CST). The alarm company further agrees to connect the motion detectors that come with the trailer (that have video verification cameras) to their monitoring facility so that in the event of an alarm transmission from the site, the monitoring facility personnel will be able to view the transmitted video clip and attempt to verify the presence of a person or persons on the premise and notify the subscriber of a possible intruder. It is acknowledged by all parties to this contract, that the camera security trailer cannot see or protect all areas of the site and is intended to deter and possibly detect an intrusion. There is no guaranty that an intruder will be detected. The video feed from the trailer mounted cameras is recorded and can be viewed by the subscriber on a web connected device such as a cell phone or iPad, but is not monitored in the alarm company dispatch center.
2. PAYMENT AND TERMS: Subscriber agrees that one fee will be charged by the company renting the trailer for the rental of the trailer and the bundled utility services, including monitoring. The collection of said fee by the renter of the trailer does not make the renter of the trailer a party to this monitoring agreement. The Alarm Company and the Subscriber mutually agree that the renting company is solely a provider of the trailer and the renting company makes no other claims or warranties whether express or implied related thereto. The Alarm Company provides and monitors the alarm system and makes it possible for the customer to view the trailer mounted cameras from a smart device according to the terms, conditions and limitations set forth herein. There may be an additional charge for data usage if the subscriber uses more than the data allotment by AT&T, T-Mobile or other carriers. This will be billed separately if necessary.
3. RECEIPT OF COPY: SUBSCRIBER ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT.
4. THE ALARM COMPANY LIABILITY/DISCLAIMER OF WARRANTIES: THE ALARM COMPANY DOES NOT REPRESENT OR WARRANT: THAT THE ALARM SYSTEM MAY NOT BE COMPROMISED OR CIRCUMVENTED; OR THAT THE SYSTEM OR SERVICES WILL PREVENT ANY LOSS BY BURGLARY, HOLDUP, FIRE OR OTHERWISE; OR THAT THE SYSTEM OR SERVICES WILL IN ALL CASES PROVIDE THE SECURITY FOR WHICH THEY ARE INTENDED.
SUBSCRIBER ACKNOWLEDGES AND AGREES: THAT THE ALARM COMPANY HAS MADE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, NOR HAS SUBSCRIBER RELIED ON ANY REPRESENTATIONS OR WARRANTIES. SUBSCRIBER FURTHER ACKNOWLEDGES AND AGREES: THAT ANY AFFIRMATION OF FACT OR PROMISE SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY AND THAT THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FACE OF THE AGREEMENT HEREOF. SUBSCRIBER FURTHER ACKNOWLEDGES AND AGREES: THAT THE ALARM COMPANY IS NOT AN INSURER; THAT SUBSCRIBER ASSUMES ALL RISK OR LOSS OR DAMAGE TO SUBSCRIBER’S PREMISES OR TO THE CONTENTS THEREOF; AND THAT SUBSCRIBER HAS READ AND UNDERSTANDS ALL OF THIS AGREEMENT, PARTICULARLY PARAGRAPHS 11 AND 12 WHICH SET FORTH THE ALARM COMPANY’S MAXIMUM LIABILITY IN THE EVENT OF ANY LOSS OR DAMAGE TO THE SUBSCRIBER OR ANYONE ELSE. SUBSCRIBER ACKNOWLEDGES THE DISCUSSION OF PARAGRAPH 11.3 WITH THE ALARM COMPANY’S AGENT, AND UNDERSTANDS THAT A HIGHER LIMITATION OF THE ALARM COMPANYS LIABILITY MAY BE OBTAINED BY PAYING AN ADDITIONAL CHARGE.
5. MONITORING SERVICE: THE ALARM COMPANY shall connect the Camera Security Trailer alarm system to its monitoring facility. Monitoring shall consist of, (a). Upon receipt of a motion detector alarm signal, the dispatcher will view the video clip attached to the alarm signal and make a reasonable attempt to determine if a person or persons are on the protected site. (b). If they are able to verify human presence, they will attempt to notify the Subscriber or designated representatives of their observations by calling the telephone number supplied to THE ALARM COMPANY in writing by Subscriber. (c). If no human presence can be verified, they will disregard the alarm signal and no one will be notified.
6. FALSE ALARMS: In the event Subscriber shall cause an excessive number of false alarms through the carelessness of Subscriber or the malicious or accidental use of the system, or in the event Subscriber shall in any manner misuse or abuse the services provided, it shall constitute a material breach of contract on the part of Subscriber and THE ALARM COMPANY may at its option, in addition to all other legal remedies. be excused from performance upon the giving of (10) days written notice to Subscriber. THE ALARM COMPANY’S excuse from performance will not affect THE ALARM COMPANY’S right to recover damages from Subscriber. In the event a fine, penalty or fee is assessed against THE ALARM COMPANY by a governmental or municipal agency as a result of any alarm originating from Subscriber’s premises, Subscriber agrees to forthwith reimburse THE ALARM COMPANY for the same.
7. INTERRUPTION; CANCELLATION; TERMINATION: THE ALARM COMPANY assumes no liability for interruption of monitoring or repair service due to strikes, riots, floods, storms, earthquakes, fires, power failures, acts of Subscriber, interruption or unavailability of telephone, internet or cellular service, acts of God, or for any other cause beyond the control of THE ALARM COMPANY and will not be required to supply service to Subscriber while interruption of service due to any such cause may continue. This Agreement may be suspended or cancelled, at the option of THE ALARM COMPANY, if the Camera Security Trailer is so substantially damaged that it is impractical to continue service, or in the event THE ALARM COMPANY is unable to render service as a result of any action by any governmental authority, or Subscriber causes an excessive number of false alarms.
8. SUBSCRIBER’S DUTIES: Subscriber shall carefully and properly test and set the alarm system immediately prior to the securing of the premises, during the term of this Agreement. Subscriber agrees to furnish to THE ALARM COMPANY a written list of the names, titles, addresses and phone numbers of all persons authorized to be notified in the event of an alarm activation. All changes, revisions and modifications to the above shall be supplied to THE ALARM COMPANY in writing. Subscriber shall obtain and maintain at Subscriber’s sole expense all necessary permits and licenses that may be required by any governmental agency for the use and operation of the alarm System. Subscriber shall log off of camera system immediately after viewing to avoid excessive data charges.
9. ASSIGNEES AND SUBCONTRACTORS OF THE ALARM COMPANY: THE ALARM COMPANY shall have the right to assign this Agreement to any other person, firm or corporation without notice to Subscriber and shall have the further right to subcontract any services which it may perform. Subscriber acknowledges that this Agreement. and particularly those paragraphs relating to THE ALARM COMPANY’S maximum liability, liquidated damages and third party indemnification, inure to the benefit of and are applicable to any assignees, and/or subcontractors (including monitoring facility, and rental company), and that they bind Subscriber with respect to said assignees, and/or subcontractors with the same force and effect as they bind Subscriber to THE ALARM COMPANY.
10. DEFAULT BY SUBSCRIBER: If Subscriber fails to pay any amount herein provided within ten (10) days after the same is due and payable, or if Subscriber fails to perform any other provisions hereof within ten (10) days after the same is due and payable, or if Subscriber fails to perform any other provisions hereof within ten (10) days after THE ALARM COMPANY shall have requested in writing performance thereof, or if any proceeding requested in writing performance thereof, or if any proceeding in bankruptcy, receivership or insolvency shall be commenced by or against Subscriber or his property, or if Subscriber makes any assignment for the benefit of creditors, THE ALARM COMPANY shall have the right but shall not be obligated to exercise any one or more of the following remedies: (a) recover the existing amounts due from Subscriber and continue to monitor the System, in which case THE ALARM COMPANY shall be entitled to recover, in addition, the monthly amounts due under the contract for said services: or (b) discontinue monitoring and recover from Subscriber all sums THE ALARM COMPANY may be entitled to under the law. In addition, in the event subscriber shall be delinquent in the payment of the periodic monitor charge, Subscriber agrees to pay to THE ALARM COMPANY a late charge in the maximum amount permitted by law from the date of delinquency. Subscriber’s abandonment of the premises shall not relieve Subscriber of its obligations under the terms of this Agreement.
11. THE ALARM COMPANY IS NOT AN INSURER; LIQUIDATED DAMAGES; LIMITATION OF LIABILITY:
11.1 It is understood and agreed: That THE ALARM COMPANY is not an insurer, that insurance, if any, shall be obtained by Subscriber. that the payments provided for herein are based solely on the value of the service as 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 THE ALARM COMPANY makes no guaranty or warranty, including any implied warranty of merchantability of fitness that the system 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 THE ALARM COMPANY’S active or passive negligence, or from a failure to perform any of the obligations herein, including but not limited to monitoring service, or the failure of the System to properly operate with resulting loss to Subscriber because of. among other things:
11.1.1 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;
11.1.2 The uncertainty of the response time of any police or responsible party or others, should they be dispatched as a result of a signal being received or an audible device sounding;
11.1.3 The inability to ascertain what portion, if any, of any loss of property, personal injury or death would be proximately caused by THE ALARM COMPANY’S failure to perform or by its equipment to operate.
11.2 Subscriber understands and agrees that if THE ALARM CO. should be found liable for loss or damage due from failure of THE ALARM COMPANY to perform any of the obligations herein, including but not limited to connection, installation, warranty service or repair service of the communicator, monitoring service, or other devices, the failure of the service or equipment in any respect whatsoever, or THE ALARM CO.’s active or passive negligence, THE ALARM CO.’s liability shall be limited to a sum equal to Two Hundred and Fifty Dollars ($250.00), 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 or origin. results directly or indirectly to persons or property, from performance or nonperformance of the obligations imposed by this Agreement, or from negligence, active or otherwise, of THE ALARM CO., its agents, servants, assignees, employees or subcontractors or the renting company.
11.3 If Subscriber Wishes THE ALARM COMPANY to assume a higher limit of liability in lieu of the liquidated damages as hereinabove set forth, Subscriber may obtain from THE ALARM COMPANY a higher limitation of liability by paying an additional periodic service charge to THE ALARM COMPANY. If Subscriber elects to exercise this option, a rider shall be attached to this Agreement setting forth the terms, conditions and amount of the limited liability and the additional charge. Such rider and additional obligation shall in no way be interpreted to hold THE ALARM COMPANY as an insurer.
12. THIRD PARTY INDEMINIFICATION: When Subscriber in the ordinary course of business has the property of others in his custody, or the System extends to protect property of others, Subscriber agrees to and shall indemnify, defend and hold harmless THE ALARM COMPANY, its employees and agents for and against all claims brought by parties other than the parties to this Agreement. This provision shall apply to all claims regardless of cause, including THE ALARM COMPANY’S performance or failure to perform and including defects in products, design, connection, monitoring or nonoperation of the System, whether based upon active or passive negligence, contribution, indemnification, warranty, or strict product liability on the part of THE ALARM COMPANY, its employees or agents. but this provision will not apply to claims for loss or damage which occur while an employee of THE ALARM COMPANY is on Subscriber’s premises and are solely and directly caused by said employee.
13. INVALID PROVISIONS: In the event any of the terms or provisions of this Agreement shall be declared to be invalid or inoperative, all of the remaining terms and provisions shall remain in full force and effect.
14. ENTIRE INTEGRATED AGREEMENT; MONIFICATION; ALTERATIONS; WAIVER: This writing is intended by the parties as a final expression of their agreement and as a complete and exclusive statement of the terms thereof. This Agreement supercedes all prior representations, understandings or agreements of the parties, and the parties rely only upon the contents of the Agreement in executing it. This Agreement can only be modified by a writing signed by the parties or their duly authorized agent. No waiver of a breach of any term or condition of this agreement shall be construed to be a waiver of any succeeding breach.
END OF MONITORING AGREEMENT
