Pinnacle Security Inc.
0000 X. Xxxxxxxxxx Xxx. #000
Xxxxx, XX 00000
Phone (000) 000-0000
Fax (000) 000-0000
xxx.xxxxxxxxxxxxxxxxxxx.xxx
Alarm Monitoring & Purchase Agreement
1. This Alarm Monitoring and Purchase Agreement is made
this day of , 20 by and between
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the Company named above, and the Customer that owns
the residence or business located at the address shown below
(the Premises). Company agrees to provide, or cause to
be provided, the alarm monitoring services for the security
alarm system (the System) installed at the Premises as
set forth herein. By initialing here, I certify that
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I own the premises where the alarm will be installed.
Customer - Residential:
Name:
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Home Phone: ( )
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Work Phone ( )
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Premises: Address, City, State, ZIP
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Spouse:
Spouse Name:
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Spouse Work Phone: ( )
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Customer - Corporation:
Company Name:
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Contact Name:
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Contact Phone: ( )
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Premises: Address, City, State, ZIP
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Premise Phone: ( )
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Customer - Partnership or Proprietorship:
Owners Name:
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Owners Home Address:
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Company Name:
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Owners Home Phone:
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Premises: Address, City, State, ZIP
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Premise Phone: ( )
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Monthly Monitoring Fee: $
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Billing Address: (Leave Blank if same)
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2. Purchase of the System. Customer hereby agrees to buy,
and Company hereby agrees to sell, at the Premises, the
alarm System described below and incorporated herein for all
purposes by this reference (the ?System?), in accordance
with the terms and conditions hereinafter set forth
Basic System Includes:
1 Master Control Panel 1 Keypad
1 Siren 1 Backup Battery
Two-way or Digital (T,D)
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Panel Type (L,V)
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New/Switchover (N,S)
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Door/Window Sensors(s)
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Motion Detector(s)
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Key Fob(s)
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3. Purchase Price and Payment: Customer agrees to pay to
Company for the System and the installation thereof the
total amount shown, prior to the completion of
installation of the System.
Qty Equipment Description Unit Cost Total Charged
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1 Basic System Package $799.00
1 Installation $199.00
Payment: Subtotal
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Permits Customers Responsibility
Tax
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Total
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4. Automatic Payment Authorization: I (we) authorize my
(our) bank to make my (our) payment to Pinnacle
Security, Inc. by Electronic Funds Transfer (EFT) and
post it to my (our) account. I (we) understand that I
(we) am (are) in full control of my (our) payment, and
if at any time I (we) decide to discontinue, I (we)
will write the above named Company, and I (we)
understand the terms listed below.
BANK NAME:
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ABA CHECK ROUTING #:
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(First nine-digit number in lower left corner of check)
CHECKING ACCOUNT #:
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(Please attach Voided Check)
VISA/MC:
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EXPIRATION DATE:
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Pinnacle Security, Inc. is authorized to effect payment
monthly beginning one month from the date of this
agreement for any amounts owing on my (our)Pinnacle
Security. Inc. account, as such amounts become due by
initiating debit entries to my (our) accounts indicated
at the financial institution named above. Customer
agrees and authorizes Company or its agent to debit any
return check and/or its charges from the account shown
above via the ACH network and/or paper draft without
prior notice to the customer of the transaction. I (we)
authorize the financial institution to accept any debit
entries initiated by Pinnacle Security, Inc. to be
debited from the account. After the account has been
charged, I (we) have the right to have the amount of an
erroneous debit immediately credited to my (our) account
by the financial institution up to 15 days following
issuance of statement or forty-five (45) days after the
account is charged, whichever comes first.
(Initial Here)
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5. Service Fees & Terms of Agreement: The Monthly
Monitoring Fee specified above is due on or before the
first day of each month during the term of the
Agreement. This Agreement shall continue for an
initial term of Three (3) Years, unless earlier
terminated pursuant to the provisions hereof, and shall
automatically renew for successive One (1) Year periods
unless either party gives written notice of
cancellation to the other party at least ninety (90)
days prior to the end of the initial or any renewal
term, with such cancellation to be effective at the
expiration of such annual or renewal term. Customer
agrees to pay all sales, service, property, use and
local taxes; any permit fees, telephone charges, return
check charges, or late charges, if applicable, whether
imposed on Company or Customer. Company shall have the
right to increase the monthly monitoring fee during the
initial or any renewal term no more than once annually
and by no greater amount than increases in the Consumer
Price Index or 5% (whichever is less) of the then
existing monitoring fee without prior notice to the
Consumer. Return check charges are $25.00 or 5% of the
face value of the check, whichever is greater, per
occurrence. Consumer agrees and allows Company or its
agent to debit any return check charges from the
account shown above via the ACH network and or paper
draft without prior notice to the transaction. A late
charge of $5.00 per month shall be applied to any
payment not received on time within the due date
indicated in this agreement. Payment shall be to
Company. Company reserves the right to charge and
Customer agrees to pay interest at a rate equal to the
lesser of the highest rate allowed by law or one and
one half percent per month on any balance
remaining unpaid 30 days. Any interest computation
under this agreement shall not be more than the highest
rate permitted by law; it being the intention of the
Company to conform strictly to state law, and in the
event that it should be held that interest payable
under this rate is in excess of the highest lawful
rate, the interest chargeable hereunder shall be
reduced to the highest lawful rate and any excess
interest received by Company will be promptly refunded
or applied against other payments due hereunder, at
Companys option.
CUSTOMER ACKNOWLEDGES THAT THEY HAVE RECEIVED A COPY OF THIS
AGREEMENT AND HAVE READ AND UNDERSTOOD ALL TERMS AND
CONDITIONS INCLUDING THOSE CONTAINED ON THE REVERSE SIDE
INCORPORATED BY REFERENCE HEREIN.
Accepted and Copy Received by:
Customer Name (Please Print)
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Social Security No.
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Signature
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Date
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Customer Name (Please Print)
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Social Security No.
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Signature
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Date
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Accepted by Company:
Authorized Agent - Please Print
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This agreement shall not be binding upon company unless
either (I) Approved in writing by an officer of Company, or
(II)Company begins monitoring service.
RIGHT TO CANCEL
THE CUSTOMER MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR
TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS
TRANSACTION (CONSUMER TRANSACTION ONLY) BY CALLING THE PHONE
NUMBER BELOW:
OFFICE:
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PHONE # 000-000-0000
CONMPANY USE ONLY
Digital Monitoring
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Two-Way Voice
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Account Number:
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Special Services:
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Date Installed:
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Next Billing Date:
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Monitoring Services Provided: Company, upon receipt of a
signal from Customers Premises indicating that the System
has been activated, shall make every reasonable effort to
notify the police, fire, paramedic unit or other authorities
and/or the person or persons whose names and telephone
numbers are set forth in the Notification Instructions to be
completed by Customer and submitted to Company, or as same
may be changed on written notification by Customer from time
to time. Company or its contractor may attempt to verify
the nature of the emergency by telephoning Customers
Premises prior to notifying emergency personnel or anyone on
Customers Notification Instructions.
Company or its contractor has no obligation to telephone any
emergency agency or person, firm or agency other than that
person, firm or agency, named on the Notification
Instructions on file with company. CUSTOMER AGREES THAT
COMPANY IS RESPONSIBLE ONLY FOR ENDEAVOR TO NOTIFY BY THE
PHONE THE APPROPRIATE EMERGENCY AGENCY OR OTHER PERSON NAMED
IN THE NOTIFICATION INSTRUCTIONS. CUSTOMER UNDERSTANDS THAT
COMPANY WILL NOT SEND ANY COMPANY PERSONNEL TO CUSTOMERS
LOCATION IN RESPONSE TO ANY ALARM SIGNAL. CUSTOMER ALSO
UNDERSTANDS THAT COMPANY DOES NOT REPRESENT OR PROMISE THAT
ANYONE TELEPHONED WILL RESPOND TO THE CALL, AND CUSTOMER
RELEASES COMPANY FROM ANY RESPONSIBILITY OR LIABILITY FOR
ANY FAILURE OR DELAY IN RESPONDING. CUSTOMER AUTHORIZES
COMPANY TO TEMPORARILY DISCONNECT THE SERVICE FOR NUISANCE
OR SAFETY REASONS IF COMPANY IS UNABLE TO NOTIFY CUSTOMER OR
CUSTOMERS EMERGENCY CONTACTS REFUSE TO ARRIVE AT CUSTOMERS
LOCATION WITHIN A REASONABLE TIME.
6. Installation of the System. Company agrees to install
or cause to be installed the System at the premises in a
workmanlike manner and in compliance with applicable laws,
regulations and industry standards, and to furnish all
material and labor necessary for such installation, subject
to the following conditions: (a) Customer authorizes &
empowers the Company to enter upon the Premises for such
purpose and agrees to make the Premises available for such
purpose during normal working hours; (b) Customer will
provide required electrical power outlets at the location or
locations designated by Company for equipment requiring such
power; (c) Customer will provide telephone lines and
service; (d) Customer understands that installation will
require drilling and cutting into certain parts of the
Premises, which shall be identified to Customer before the
work commences, and that certain wiring may be required to
be exposed, although Company will attempt to conceal wiring.
7. Companys Right to File Mechanics Lien. Customer
acknowledges that if Customer defaults in the performance of
any of the terms or conditions of the Agreement, Company may
have the right to record a Mechanics Lien upon any property
upon which Company has bestowed labor and/or furnished
material or appliances or equipment, for the value of such
labor done, or materials furnished, and/or for the value of
the use of such appliances or equipment, whether done or
furnished at the instance of the owner or any person acting
by or under the authority of the owner, or under the owner
as a contractor or otherwise.
8. Limited Warranty: a) Company warrants that the System
will be free from defects in material and workmanship under
normal use and operating conditions for as long as Company
provides monitoring service and Customer is current with all
payments. Within ninety days (90) from the date of
installation, Company shall provide Warranty Service without
charge to Customer. After such time the Company shall
provide Warranty Service on the System for a charge of $25
per service trip; b) Companys obligation is expressly
limited to repairing or replacing, at Companys sole option,
any component of the System proven to be defective in
workmanship or material under normal use and operating
conditions. Warranty Service excludes replacement of
batteries or repair of the system as a result of damage from
accident or abuse, misuse, faulty telephone or electrical
connections, unauthorized repairs, vandalism, theft, acts of
God, cosmetic damage, or other causes other than normal wear
and tear. Company reserves the right to use reconditioned
parts in fulfillment of this service. Parts required which
were not defective shall be at additional cost to Customer.
Any other service provided shall be paid by Customer at
Companys prevailing material and hourly rates; c) Warranty
Service shall be paid by Customer at Companys customary
rate. Customer must provide full access during Companys
regular business hours. Customer shall pay emergency
Service provided at other times at Companys customary rate.
Customer must provide full access to the Premises and to the
System requiring repair at the time agreed upon by Company
and Customer. Company shall not be responsible for failure
to render service due to causes beyond Companys control.
9. Disclaimer of all Other Warranties: COMPANY DOES NOT
REPRESENT OR WARRANT THAT THE SYSTEM OF THE MONITORING
SERVICE WILL PREVENT ANY LOSS BY BURGLARY, FIRE, HOLD-UP OR
OTHERWISE, OR THAT THE SYSTEM OR THE MONITORING SERVICE WILL
IN ALL CASES PROVIDE THE NOTIFICATION SERVICE FOR WHICH IT
IS INTENDED. CUSTOMER ACKNOWLEDGES AND AGREES THAT COMPANY
HAD MADE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT
LIMITATION THE CONDITION OF THE SYSTEM OR THE MONITORING
SERVICE, THEIR MERCHANTABILITY OR THEIR FITNESS FOR ANY
PARTICULAR PURPOSE; NOR HAS CUSTOMER RELIED ON ANY
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OTHER
THAN THOSE EXPRESSLY CONTAINED HEREIN. CUSTOMER 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. COMPANY MAKES NO
REPRESENTATION OR WARRANTY AS TO THE PROMPTNESS OF ITS
RESPONSE AND HAS NO CONTROL OVER THE RESPONSE TIME OR
CAPABILITY OF ANY AGENCY OR PERSON WHO MAY BE NOTIFIED AS A
RESULT OF THE SYSTEM BEING USED. CUSTOMER FURTHER
UNDERSTANDS THAT COMPANY, IN PROVIDING THE MONITORING
SERVICE, MAY FAIL TO PROPERLY RESPOND TO THE RECEIPT OF A
SIGNAL FROM THE SYSTEM, OR THAT THE SYSTEM MAY FAIL TO
FUNCTION PROPERLY. CUSTOMER FURTHER ACKNOWLEDGES AND
AGREES: THAT COMPANY IS NOT AN INSURER, THAT CUSTOMER
ASSUMES ALL RISK OF PERSONAL INJURY AND LOSS OR DAMAGE TO
CUSTOMER?S PREMISES OR TO THE CONTENTS THEREOF; AND THAT
CUSTOMER HAS READ AND UNDERSTANDS ALL OF THIS AGREEMENT
WHICH SETS FORTH COMPANY?S MAXIMUM LIABILITY IN THE EVENT OF
ANY LOSS OR DAMAGE TO CUSTOMER OR ANYONE ELSE AND
INDEMNIFICATION OF COMPANY BY CUSTOMER. CUSTOMER
ACKNOWLEDGES THAT CUSTOMER MAY OBTAIN A HIGHER LIMITATION OF
COMPANY?S LIABILITY BY PAYING AN ADDITIONAL PERIODIC CHARGE
TO COMPANY.
10. Acceptance of Installation: Customer hereby
acknowledges and agrees that any error or omission in the
installation of the system must be brought to the attention
of Company in writing within five (5) days after the
completion of installation; otherwise, the installation
shall be deemed accepted by and satisfactory to Customer.
11. Companys Obligation: Customer and Company agree that
Companys sole and only obligation under this Agreement
shall be to monitor signals received from the System and to
respond thereto as set forth in Section 2. Company shall
not be obligated to provide monitoring service until it has
received: (i) a fully executed copy of this Agreement, (ii)
the completed Notification Instruction, and (iii) valid test
signals from Customers System.
12. Customers Duties: In order to avoid false alarms,
Customer shall maintain the System in good operating
condition. Customer shall properly test and set the System
immediately prior to the securing of the premises and
carefully test the System no less than monthly, and notify
Company promptly if service is required. Customer agrees to
provide Company with written notice of any changes,
revisions and modifications. Customer shall secure and
maintain all licenses or permits that may be necessary from
governmental or insurance authorities for the continued
monitoring and use of System.
13. Disconnection: Company or its contractor may terminate
monitoring services by giving Customer five (5) days prior
written notice in the event customer is in breach of or
default under this Agreement or the System is not maintained
in good operating condition and repair. Upon such notice,
this Agreement and all of Companys responsibilities
hereunder shall come to an end and Customer shall have no
claim against Company or its contractor for any further
obligations. Upon termination of this Agreement for any
reason, Customer agrees to permit company to discontinue
monitoring and further permit Company or its contractor to
enter upon Customers Premises and disconnect Customers
System from Companys or its contractors monitoring
network.
14. Interruption of Service: Neither Company nor its
contractor assumes any liability for interruption of
monitoring service due to strikes, riots, floods, storms,
earthquakes, fires, power failures, insurrection,
interruption, or unavailability of telephone service, acts
of God, or for any other cause beyond the control of Company
or its contractor, and neither Company nor its contractor
will be required to supply monitoring service to Customer
while any such cause may continue. This Agreement may be
suspended at Companys or its contractors option should the
System, Customers Premises, or Companys or its
contractors monitoring facilities become so substantially
damaged that further service is impractical. Company shall
have no liability for delay in installation or maintenance
of the Equipment, if applicable, or for interruption of
Monitoring Service due to any cause beyond the reasonable
control of Company, and Company will not be required to
supply the monitoring Service to Customer while interruption
of the Monitoring Service due to any such cause may continue
and Customer shall not be entitled to refund or credit of
any charges for such an interruption of Monitoring Service.
15. Transmission Lines: Customer acknowledges that the
signals from Customers alarm system are transmitted over
Customers regular telephone service to Companys or its
contractors central station, and in the event Customers
telephone service is out of order, disconnected, placed on
vacation, or otherwise interrupted, signals from Customers
alarm system will not be received in Companys or its
contractors central station during any such interruption in
telephone service and the interruption may not be known to
Company nor its contractor. Customer further acknowledges
and agrees that telephone company lines are wholly beyond
the control and jurisdiction of Company and its contractor
and are maintained and serviced solely by the applicable
telephone company.
16. Cancellation: In the event that the term of this
contract is not upheld to by the subscriber, then the
subscriber will be responsible for the following: the
remaining time left on the service agreement, the total cost
of installation, the total cost of the equipment, and any
commissions that have been paid in connection with this
account.
17. Collections: In the event that the subscriber fails to
pay balance due according to the contract, and the account
is turned over to a collection agency for collections, the
subscriber will then be responsible to pay the total balance
owing, and up to and including an additional 50% of the
balance as a collection fee, interest at an additional 24%,
attorney?s fees, court costs, and all other related costs.
18. Company is Not an Insurer: Limitation of Liability:
Customer agrees that neither Company nor its contractor is
an insurer, that insurance, if any, shall be attained by
Customer; that neither COMPANY NOR ITS CONTRACTOR MAKES ANY
GUARANTEE OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE that the
services and equipment supply will avert or prevent
occurrences or the consequences thereof which the service
and equipment is designed to detect or avert. Customer
acknowledges that it is impractical and extremely difficult
to fix the actual damages, if any, which may proximately
result from Companys or its contractors negligence, a
failure of Company or its contractor to perform any of the
obligations herein, including but not limited to, failure of
the monitoring service and/or monitoring equipment to
properly operate with a resulting loss to Customer because
of, among other things: (a) That uncertain amount of value
of Customers 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; (b) The uncertainty
of the response time of the police department, fire
department, paramedic unit, or others, should any be
dispatched as a result of a signal being received; (c) The
inability to ascertain what portion, if any, of any loss
would be proximately caused by Companys or its contractors
failure to perform or by its equipment to operate; (d) The
uncertain nature of occurrences which might cause injury or
death to Customer or any other person which the System is
designed to detect or avert; (e) The nature of the service
to be performed by Company or its contractor; Customer
understands and agrees that if Company or its contractor
should be found liable for loss or damage due to Companys
or its contractors negligence, a failure of Company or its
contractor to perform any of the obligations herein, or a
failure of the monitoring service or the monitoring
equipment in any respect whatsoever, Companys and its
contractors liability shall be limited to the sum of Two
Hundred and Fifty Dollars ($250.00) and this liability shall
be exclusive; that the provisions of this Section shall
apply if loss or damage, irrespective of cause or origin of
results directly or indirectly to persons or property, from
performance or non-performance of the obligations imposed by
the Agreement, or from negligence from Company or its
contractor or their respective agents or employees. If
Customer wishes Company or its contractor to assume a
greater limited liability, Customer may obtain from Company
a higher limitation of liability by paying an additional
periodic service charge to Company. If Customer elects to
exercise this option, a rider shall be attached to this
Agreement setting forth the terms, conditions and the amount
of the limited liability and the additional periodic charge.
Such rider and additional obligation shall in no way be
interpreted to hold Company or its contractor as an insurer.
19. Third Party Indemnification: When Customer in the
ordinary course has the property of others in his custody,
or the System extends to protect the property of others,
Customer agrees to and shall indemnify, defend, and hold
harmless Company and its contractors, and their employees
and agents, from and against all claims brought by parties
other than the parties to this Agreement. This provision
shall apply to all claims, demands, or lawsuits, regardless
of cause including Companys or its contractors negligence,
of a failure of the monitoring equipment or service, whether
these claims be based upon negligence, express or implied
warranty, contribution, indemnification, or strict or
product liability on the part of Company or its contractor,
or their employees or agents.
20. Subrogation: Customer hereby releases, discharges, and
agrees to hold Company and its contractor harmless from any
and all claims, liabilities, damages, losses or expenses,
arising from or caused by any hazard covered by insurance in
or on the customers premise whether said claims are made by
Customer, his agents, or insurance company or other parties
claiming under, or through Customer. Customer agrees to
indemnify Company against, defend and hold Company harmless
from any action for subrogation which may be brought against
Company by any insurer or insurance company or its agents or
assigns including the payment of all damages, expenses,
costs and attorneys fees. Customer shall notify his
insurance carrier of the terms of this provision.
21. Limitation on Actions; Waiver of Jury Trial: Both
parties hereby agree that no suit or action that relates in
any way to the Agreement (whether based upon contract,
negligence or otherwise) shall be brought against the other
more than one (1) year after the accrual of the cause of
action thereof. In addition, both parties hereby waive any
rights to a jury trial in any judicial action brought by
either party which relates in any way to this Agreement
(whether based upon contract, negligence or otherwise). The
collection of delinquent payments and or service charges
incurred during the terms of this contract shall be exempt
from the ?Limitation on Actions.? Any collection of
delinquencies and/or service charges shall be done under
jurisdiction of Utah Law.
22. Remedies: Customer shall be in default hereunder and
there shall be a breach in this Agreement if: (a) Customer
fails to pay any fees or charges of any kind when due or
fails to perform other obligations set forth in this
Agreement and such failure continues for a period of ten
(10) days after issuance of written notice; (b) Customer
attempts to remove, sell, transfer or encumber the System
except as expressly permitted herein; or (c) Customer
otherwise fails to comply with any of its obligations
hereunder. In the event of Customers default hereunder,
Company has its option to do any or all of the following:
(i) by notice to Customer, terminate the Agreement; (ii)
without terminating this Agreement take possession of the
System wherever located and for such purpose, enter the
system Location without liability for doing so; (iii)
declare immediately due and payable all moneys to be paid by
Customer during the initial term and/or any renewal thereof
without presentment, demand, protest, or further notice of
any kind all of which are expressly waived by the Customer;
(iv) sell, dispose of, hold, lease or otherwise use the
System as Company shall determine in its remedies available
at law or equity including, but not limited to, seeking
actual damages it has incurred. Company shall also be
entitled to recover all reasonable collection, expenses,
court costs and attorney fees. The subsequent acceptance by
Company of any fees or charges shall not be deemed a waiver
of any prior existing breach of Customer regardless of
Company?s knowledge of such prior existing breach at the
time such payment(s) are accepted. (d) Company may suspend
or cancel this Agreement, without notice and without
liability or penalty, in the event Company monitoring
facility, connecting wires or other equipment are destroyed
by fire, catastrophe or by any other means or are so
substantially damaged that it is impractical to continue
Monitoring Service or Maintenance Service; or in the event
that Company is unable to either secure or obtain the
connections or privileges necessary for the transmission of
signals between Customers location, Company monitoring
facility and local police of fire departments.
23. False Alarms; Permit Fees: CUSTOMER UNDERSTANDS THAT
LOCAL GOVERNMENTS MAY LEVY A FINE OR CHARGE FOR ANY FALSE
ALARM WHICH SUMMONS AN EMERGENCY SERVICE, AND CUSTOMER
AGREES TO ASSUME ALL RESPONSIBILITY FOR ANY FALSE ALARM OR
SIGNAL AND TO PAY RELATED FEES, LEVIES, AND FINES. CUSTOMER
HEREBY RELEASES COMPANY AND ITS CONTRACTOR FROM SUCH
RESPONSIBILITY AND LIABILITY. CUSTOMER AGREES TO INDEMNIFY
COMPANY FOR ALL EXPENSES, INCLUDING ALL FINES, COURT COSTS,
AND ATTORNEY FEES, INCURRED BY OR ON BEHALF OF COMPANY IN
DEFENDING ANY ACTION BROUGHT BY ANY GOVERNMENTAL AUTHORITY
AGAINST COMPANY OR ANY OF ITS OFFICERS, EMPLOYEES OR
CONTRACTORS AS THE RESULT OF ANY ALLEGED FALSE ALARM OR
SIGNAL RELATING TO THE SYSTEM LOCATION OR OPERATION OF THE
SYSTEM. IF, IN COMPANY?S SOLE JUDGMENT, IT IS DETERMINED
THAT THE CUSTOMER IS GENERATING AN EXCESSIVE NUMBER OF FALSE
ALARMS OR SIGNALS WHICH MAY AFFECT COMPANY?S MONITORING
FACILITIES, COMPANY MAY CHARGE CUSTOMER A FEE FOR PROCESSING
SUCH FALSE ALARMS AND/OR COMPANY MAY CANCEL THIS AGREEMENT.
IN THE EVENT OF CANCELLATION OF THIS AGREEMENT, COMPANY
SHALL NOT REFUND ANY MONEYS PREVIOUSLY PAID BY CUSTOMER AND
SHALL RETAIN THE RIGHT TO COLLECT ANY MONEYS DUE OR TO
BECOME DUE HEREUNDER.
24. Entire Agreement: 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.
COMPANY?S DUTY AND OBLIGATION TO PROVIDE MONITORING SERVICE
TO CUSTOMER ARISE SOLELY FROM THIS AGREEMENT. This
agreement supersedes all prior representations,
understandings or agreements of the parties and that parties
rely only upon contents of this Agreement in executing it.
This Agreement can only be modified by a writing signed by
the parties or their duly authorized agent. No waiver or
breach of any term or condition of this Agreement shall be
construed to be waiver of any succeeding breach.
25. Assignment: This Agreement may not be assigned in whole
or in part by Customer. Company may assign or subcontract
all or any portion of this Agreement without notice to
Customer and any such assignee or subcontractor shall be
entitled to the rights, benefits, privileges and protection
afforded to Company under the terms of this Agreement.
26. Acknowledgement: Customer acknowledges that this
agreement shall not take effect until Company has received a
satisfactory credit report on the Customer. Customer hereby
authorizes release of credit information to the Company
and/or its assigns.
