Common use of You acknowledge Clause in Contracts

You acknowledge. a) That the services provided under this agreement may not prevent the Site being rendered insecure, accordingly you accept that loss or damage to property and death or injury to persons may occur even though we have made reasonable endeavours to satisfy the obligations under this agreement. b) We shall not be required to supply performance records, history or other reports to anyone other than you. c) That the fees set by us under this agreement are based solely on the value of the services provided and are not related to the value of your property or the property of others located on the premises. We are not an insurer of the premises other property or risks, and the Monitoring Services cannot be guaranteed to prevent all or any unauthorised entry, loss or damage at the premises and it is strongly advised that You effect and maintain all normal and prudent insurance policies for all usual risks, including fire, burglary, damage and destruction. d) You acknowledge and agree that we may not respond to subsistence alarms (as defined in AS 2201.2- 2004 including but not limited to battery low alarms) and low priority alarms (as defined in AS 2201.2- 2004 including but not limited to late-to-close, mains fail or timer test failures)within the time specified in the AS 2201.2-2004and that subsistence alarms and low priority alarms may be actioned by an automatic process prior to operator intervention (including but not limited to letter, email, SMS, for fax). We will not be liable if the automated response is not received by you due to a reason outside our control. e) You have been informed by us that if you have chosen to have your alarm signals transmitted to us through your telephone line, we will not be aware of any communications failure if your telephone line is severed, faulty or disabled between your Security System and us until the next time the Timer Test signal sent by your panel at a pre-scheduled time each day is not received by the end of the expected time period and that we will not be able to monitor your Security System until such time as your telephone line is restored. f) You have been informed that it is your responsibility to regularly test your Security System in a fully secured condition to ensure that it sending the correct signals to us. g) You agree that the provision of Monitoring Services may include you incurring charges from your telephone service provider due to regular test and alarm calls made from your Security System to CMC. You acknowledge that you will eb liable to your service provider for all communication costs incurred. h) You confirm that you have been advised of the different monitoring technologies available and that you have chosen the monitoring technology specified in this agreement. i) We cannot take any steps on receiving an alarm except as directed by you and specified on this agreement. j) Any expenses or fees associated with any Emergency Service request action to the Fire Service or Police including charges made by the Fire Service or NZ Police must be paid by you directly to the requested emergency service provider. k) If you have chosen a BusinessWatch Plus service and your alarm OPEN and CLOSE signals are regularly outside the given schedules, you agree that we can extend your schedules to include your regular alarm OPEN and CLOSE times. We will notify you in the event that we have to adjust your schedules. l) The CMC can only monitor signals it receives from your Security System. Failure to receive intruder alarm or any other signals does not constitute a breach of this agreement.

Appears in 3 contracts

Samples: Monitoring Services Agreement, Monitoring Services Agreement, Monitoring Services Agreement

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You acknowledge. a) That the services provided under this agreement may not prevent the Site being rendered insecure, accordingly you accept youaccept that loss or lossor damage to property and propertyand death or injury to persons may occur even though we orinjuryto personsmay occureventhoughwe have made reasonable endeavours to satisfy the reasonableendeavourstosatisfythe obligations under this agreementunderthisagreement. b) We shall not be required to supply performance records, history or other reports to anyone other than youWeshallnotberequiredtosupplyperformancerecords,historyorotherreportstoanyoneotherthanyou. c) That the fees set feesset by us under this agreement are usunderthisagreementare based solely on the value of the services provided and are andare not related to the value of your property or the property of others located on the premises. We are not an insurer of the premises other property or risks, and the Monitoring Services cannot be guaranteed to prevent all or any unauthorised entrypreventall orany unauthorisedentry, loss or damage at the premises and it lossordamage atthe premisesandit is strongly advised that You effect and maintain all normal and prudent insurance policies for all usual risks, including fire, burglary, damage and destruction. d) You acknowledge and agree that we may not respond to subsistence alarms (as defined in AS 2201.2- 2004 including but not limited butnotlimited to battery low batterylow alarms) and low priority alarms (as defined priorityalarms(asdefined in AS 2201.2- 2004 including 2201.2-2004including but not limited to latenotlimited tolate-to-close, mains fail or ,mainsfailor timer test failures)within failures) within the time specified in the AS 2201.2-2004and that subsistence alarms and low priority alarms may be actioned by an automatic process prior to operator intervention (including but not limited to letter, email, SMS, for fax). We will not be liable if the automated response is not received by you due to a reason outside our control. e) You have Youhave been informed by us that if informedbyus thatif you have chosen to chosento have your alarm signals transmitted youralarm signalstransmitted to us through your telephone line, we will not be aware of any communications failure if your telephone line is severed, issevered,faulty or disabled between your Security System and us until ordisabledbetweenyourSecuritySystem andusuntil the next time nexttime the Timer Test signal sent by your panel at a pre-scheduled time each day is not received by the end of the expected time period and that we will not be expectedtimeperiodandthatwewillnotbe able to monitor your Security tomonitoryourSecurity System until such time as your telephone line is restored. f) You have been informed that it is your responsibility to regularly Youhavebeeninformedthatitis yourresponsibility toregularly test your Security System yourSecuritySystem in a fully secured condition to ensure that it conditiontoensure thatit sending the correct signals to correctsignalsto us. g) You agree that the provision of Monitoring Services may include you incurring charges from your telephone service provider due providerdue toregular testand alarm callsmade from yourSecuritySystem to regular test and alarm calls made from your Security System to CMC. You acknowledge that you will eb liable to your service provider for all communication costs incurredCMC.Youacknowledgethat youwillebliable toyourserviceprovider forallcommunicationcostsincurred. h) You confirm that you have been advised Youconfirmthat youhave beenadvised of the different monitoring technologies available and that you have chosen the monitoring differentmonitoring technologiesavailable andthatyouhavechosen themonitoring technology specified in this agreement. thisagreement. i) We cannot take any steps on receiving an alarm except as directed by you and specified on this agreementWecannottakeanystepsonreceivinganalarmexceptasdirectedbyyouandspecifiedonthisagreement. j) Any expenses or fees associated with any Emergency Service request action to the Fire Service or Police including charges made by the Fire Service or NZ Police must be paid by you directly to the requested emergency service providertherequested emergencyserviceprovider. k) If you have chosen a BusinessWatch Plus service and your alarm OPEN and CLOSE signals are regularly IfyouhavechosenaBusinessWatchPlusserviceandyouralarmOPENandCLOSEsignalsareregularly outside the given schedules, you agree that we can extend youagree thatwe canextend yourschedules toinclude your schedules to include your regular alarm OPEN and regularalarm OPENand CLOSE times. We will notify Wewillnotify you in the event that we have to adjust your schedulesadjustyourschedules. l) The CMC can only monitor signals it receives from TheCMCcanonlymonitorsignalsitreceivesfrom your Security SystemSecuritySystem. Failure to receive intruder alarm intruderalarm or any other signals does not constitute a signalsdoesnotconstitutea breach of this agreementofthisagreement.

Appears in 1 contract

Samples: Monitoring Services Agreement

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