1. The price for work to be performed under this agreement, on a time and material basis, shall be based upon the prevailing Florida Fire Service, Inc. prices for material, labor and related items in effect at the time supplied under this agreement. Further, in the event that this agreement is executed on a “price not to exceed” basis, a price to the customer shall be the lesser of:The certain amount 1. The limit price quoted or 2. The actual cumulative billing based on the aforementioned prevailing prices.
2. Unless otherwise agreed in writing between the parties, the customer shall pay Florida Fire Service, Inc. within 30 days of completion of the above outlined work or paid based on executed contract documents by customer, if a General Contractor. If Florida Fire Service, Inc. is subsequently requested by the customer to perform additional work, beyond the work set out in the above scope of work, the customer shall pay Florida Fire Service, Inc. within net 30 days from the date of the invoice or the date of completion of the work, whichever is earlier. The customer agrees to pay all taxes, permits, and other charges, including but not limited to state and local sales and excise taxes, however designated, levied or based on the service charges, pursuant to this agreement. Where the agreement is not executed, payment shall constitute acceptance of the terms and conditions of this agreement.
3. Additional work performed for the customer by Florida Fire Service, Inc. (beyond the work set out in the above scope of work section) will be included in subsequent invoices and shall be governed by and subject to all terms and conditions of this agreement.
4. CUSTOMER AGREES THAT FLORIDA FIRE SERVICE, INC. LIABILITY FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE AGREEMENT PRICE SET OUT ABOVE (AS INCREASED BY THE PRICE FOR ANY ADDITIONAL WORK) OR WHERE THE TIME AND MATERIAL TERM IS SELECTED BELOW, CUSTOMER’S TIME AND MATERIALS PAYMENTS TO FLORIDA FIRE SERVICE, INC. CUSTOMER FURTHER AGREES THAT FLORIDA FIRE SERVICE, INC. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY ECONOMIC LOSS DAMAGES OF ANY KIND AND THAT THE CUSTOMER SHALL HOLD FLORIDA FIRE SERVICE, INC. HARMLESS FROM ANY AND ALL THIRD PARTY CLAIMS RELATING TO THE CUSTOMER’S FAILURE TO MAINTAIN THE SYSTEM OR TO KEEP THEM IN OPERATIVE CONDITION OR RELATING TO FLORIDA FIRE SERVICE, INC. PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT.
5. This agreement consists of these agreement pages and is the complete agreement between the parties. Customer acknowledges that he has read this agreement, understands it, and agrees to be bound by its terms and conditions. Neither party shall be bound by any statements or representation not contained in this agreement.
6. Pricing on this quotation is valid for a period of thirty (30) days from the origination date.. Materials purchased for the project after the sixty (60) day period has expired are subject to price adjustments that reflect increases in the current cost of such materials. Such material price adjustments will increase the contract sum and be processed by means of a contract change order. This proposal may be withdrawn by Florida Fire Service, Inc.
7. As required by 4A.60.006 Florida Fire Prevention Code, NFPA 25 4-1.2, and NFPA 72 7-1.2, it is the Owner’s responsibility to properly maintain the Fire Sprinkler and Fire Alarm System(s). To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless, the subcontractor, his agents and employees, from and against claims, damages, losses and expenses, including but not limited to attorney’s fees, arising out of or resulting from all losses caused or contributed to by the Owner’s failure to properly Test, Inspect, and Maintain all fire protection systems in accordance with NFPA 25, and NFPA 72.
8. Execution of this proposal shall constitute a Service Agreement for the inspections, certifications, reports, monitoring, similar services described, or other recurring maintenance activities as/if applicable for recurring type service(s). The Agreement is determined by the frequency described above for the service(s) described herein. This Agreement shall be for an initial term of three (3) years and shall automatically be renewed for like periods at the same rate(s), unless either party notifies the other in writing of its intention to terminate this Agreement, not less than (30) days prior to the expiration of the original term or renewal term thereof. Florida Fire Service, Inc. may increase the rate(s) for any renewal period by giving listed Customer sixty (60) days prior written notice. There are additional terms and conditions that may/will apply. Please visit our website at www.floridafireservice.com or ask for a copy of the terms and conditions that apply to the services provided under this Service Agreement.
9. ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.” FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.
STANDARD INSPECTION AND SERVICE ALARM/SPRINKLER/EXTINGUISHER EQUIPMENT SERVICE AGREEMENT TERMS
Inspection Service(s). Subscriber agrees to pay FFS for inspection service(s) the sum of $ , plus tax, per month, payable in advance for the term of this agreement , commencing the first day of the month next succeeding the date hereof, all payments being due on the first of the month. Electrical surges, lightning damage, obsolete components, abuse, damaged components, damaged equipment, and components exceeding manufacturer’s useful life are not included in service and will be repaired or replaced at Subscriber’s expense. (See Authority Having Jurisdiction (AHJ) inspection standards and consult with AHJ.)
- 1. Kitchen Fire Suppression System Inspection. If Fire Suppression Equipment Inspection is specified under the Schedule of Inspections as a service to be provided, an operational or electronic test of all devices will be performed at the frequency indicated. A “Blow Out” cleaning, with compressed air, will be performed on all piping at least annually as outlined in the currently adopted applicable NFPA standard.
- 2. Portable Extinguisher Inspection. If Extinguisher Inspection is specified under the Schedule of Inspection, as a service to be provided, each unit will be serviced annually in accordance with the currently adopted NFPA 10 standard.
- 3. Fire Alarm and Smoke Detector Inspection. If Smoke Detector Inspection is specified under the Schedule of Inspections as a service to be provided, a minimum of one (1) Annual Cleaning together with a bi-annual calibration, if required by local code, shall be performed on all Smoke Detectors listed in the Schedule of Equipment. The Fire Alarm will be inspected in accordance to the currently adopted NFPA 72 standard.
- 4. Sprinkler Fire Inspection. If Sprinkler Fire Inspection is specified under the Schedule of Inspections as a service to be provided, a visual inspection of all mechanical Sprinkler System components shall be performed from the floor or ‘grade’ level pursuant to NFPA 25 inspection procedures.
- 5. Repair Service: Subscriber agrees to pay FFS for repair service on a per call basis for service for all parts and labor at time of
service. Service will be billed at our standard Contract Customer rate in effect at the time service is performed.
- 6. The term of this agreement shall be for a period of three (3) years. This agreement shall renew itself for a period of three (3) years and for successive periods of one year thereafter under the same terms and conditions, unless either party terminates this agreement by sending written notice by certified mail, return receipt requested, to the other party thirty days prior to the renewal period. Termination shall comply with local law.
- 7. FFS does not represent nor warrant that the Fire Suppression Equipment will prevent any loss, damage or injury to person or property, by reason of theft, fire, smoke, smoke damage, equipment failure or otherwise, or that the Fire Suppression Equipment will in all cases provide the protection for which it is installed or intended. Subscriber acknowledges that FFS is not an insurer, and that subscriber assumes all risk for loss or damage to Subscriber’s premises or its contents. FFS has made no representations or warranties, and hereby disclaims any warranty of merchantability or fitness for any particular use. Subscriber’s exclusive remedy for FFS’s default hereunder is to require FFS to repair or replace, at FFS’s option, any equipment covered by this contract which is non-operational. Subscriber authorizes FFS to access the equipment herein and perform repairs/replacements as necessary and anytime upon request. The customer is to provide either ladders or hi-lows for access to Fire Suppression devices located above 10 feet in height.
- 8. FFS and Subscriber agree that FFS is not an insurer and no insurance coverage is offered herein. The fire equipment and FFS’s services are designed to reduce certain risks of loss, though FFS does not guarantee that no loss will occur. FFS is not assuming liability, and, therefore, shall not be liable to Subscriber for any loss, personal injury or property damage sustained by Subscriber as a result of fire, equipment failure, smoke, or any other cause whatsoever, regardless of whether or not such loss or damage was caused by or contributed to by FFS’s negligent performance to any degree in furtherance of this agreement, any extra contractual or legal duty , strict products liability, or negligent failure to perform any obligation pursuant to this agreement or any other legal duty. In the event of any loss or injury to any person or property, Subscriber agrees to look exclusively to Subscriber’s insurer to recover damages. Subscriber releases FFS from any claims for contribution, indemnity or subrogation.
- 9. Subscriber agrees that should there arise any liability on the part of FFS as a result of FFS’s negligent performance to any degree or negligent failure to perform any of FFS’s obligations pursuant to this agreement or any other legal duty, equipment failure, or strict products liability, that FFS’s liability shall be limited to the sum of $250.00 or 6 times the aggregate of monthly payments for services being provided at time of loss, whichever is greater. If Subscriber wishes to increase FFS’s amount of limitation of liability, Subscriber may, as a matter of right, at any time, by entering into a supplemental agreement, obtain a higher limit by paying an annual payment consonant with FFS’s increased liability. This shall not be construed as insurance coverage.
- 10. Subscriber agrees to and shall indemnify and hold harmless FFS, its employees, agents and subcontractors, from and against all claims, lawsuits, including those brought by third parties or Subscriber, including reasonable attorney’s fees, and losses asserted against and alleged to be caused by FFS’s performance, negligent performance or failure to perform its obligations. Parties agree that there are no third party beneficiaries of this agreement. Subscriber on its behalf and any insurance carrier waives any right of subrogation Subscriber’s insurance carrier may otherwise have against FFS or its subcontractors arising out of this agreement or the relation of the parties hereto. Subscriber shall not be permitted to assign this agreement without FFS’s consent. FFS shall be permitted to assign this agreement and upon such assignment shall be relieved of further obligation under this agreement.
- 11. Any action by subscriber against FFS must be commenced within one year of the accrual of the cause of action or shall be barred. All actions or proceedings against FFS must be based on the provisions of this agreement. Any other action that subscriber may have or bring against FFS in respect to other services rendered in connection with this agreement shall be deemed to have merged in and be restricted to the terms and conditions of this agreement.
- 12. Subscriber shall maintain a policy of public liability, property damage, burglary and theft insurance under which subscriber and FFS are named as insured and under which the insurer agrees to indemnify and hold FFS harmless from and against all costs, expenses including attorney’s fees and liability arising out of or based upon any and all claims, injuries and damages arising under this agreement, including, but not limited to, those claims, injuries and damages contributed to by FFS’s negligent performance to any degree or its failure to perform any obligation. The minimum limits of liability of such insurance shall be one million dollars for any injury or death, and property damage, burglary and theft coverage in an amount necessary to indemnify subscriber for property on its premises. FFS shall not be responsible for any portion of any loss or damage which is recovered or recoverable by the subscriber from insurance covering such loss or damage or for such loss or damage against which the subscriber is indemnified or insured. In the event of any loss or injury to any person or property, Subscriber agrees to look exclusively to Subscriber’s insurer to recover damages. Subscriber shall obtain insurance to cover any loss the fire alarm services are intended to detect to one hundred percent of the insurable value, and Subscriber and all those claiming rights under Subscriber waive all rights against FFS and its subcontractors for loss or damages caused by water, smoke, fire or other perils intended to be detected by the fire alarm services or covered by insurance to be obtained by Subscriber, except such rights as they may have to the proceeds of insurance.
- 13. After the expiration of one year from the date hereof FFS shall be permitted from time to time to increase the service charge by an amount not to exceed nine percent each year and subscriber agrees to pay such increase. FFS shall provide notice of any increases to subscriber 30 days prior to price change taking affect.
- 14. Should FFS be required by existing or hereinafter enacted law to perform any service or furnish any material not specifically covered by the terms of this agreement subscriber agrees to pay FFS for such service or material.
- 15. TESTING OF FIRE SUPPRESSION SYSTEM: The parties hereto agree that the Fire Suppression Equipment, once installed, is in the exclusive possession and control of the Subscriber, and except for FFS’s scheduled Inspections, it is Subscriber’s sole responsibility to test the operation of the Fire Suppression Equipment and to notify FFS if any equipment is in need of repair. FFS shall not be required to service the Fire Suppression Equipment unless it has received notice from Subscriber, and upon such notice, FFS may service the Fire Suppression Equipment to the best of its ability within 168 hours, exclusive of Saturday, Sunday and legal holidays, during the business hours of 9 a.m. and 5 p.m. provided Subscriber agrees to pay for the labor and material charge for such service. Nothing contained herein shall be construed to require Subscriber to request service from FFS or require FFS to provide per call Repair Service. Subscriber may request Repair Service from third parties and FFS shall have no responsibility for the performance of third parties engaged by Subscriber. Subscriber agrees to test and inspect the Fire Suppression Equipment and to advise FFS of any defect, error or omission in the Fire Suppression Equipment. The Subscriber must supply FFS with any ladders or scaffolding to test any device over 10 feet above the finished floor.
- 16. FFS shall not be liable for any damage or loss sustained by Subscriber as a result of delay in installation of equipment, equipment failure, or for interruption of service due to electric failure, strikes, walk-outs, war, acts of God, abuse, misuse, or other causes, including FFS’s negligence or failure to perform any obligation. The estimated date work is to be substantially completed is not a definite completion date and time is not of the essence. The Subscriber shall allow FFS free access to all areas that require inspection and shall pay a re-inspection fee for return visits to inspect areas not previously accessible.
- 17. If FFS prevails in any litigation or arbitration between the parties, Subscriber shall pay FFS’s legal fees. The parties waive trial by jury in any action between them unless prohibited by law. In any action commenced by FFS against Subscriber, Subscriber shall not be permitted to interpose any counterclaim. Any dispute between the parties or arising out of this agreement, including issues of arbitration, shall, at the option of any party, be determined by arbitration before a single arbitrator administered by Arbitration Services Inc., under its Commercial Arbitration Rules www.ArbitrationServiceslnc.com. Service of process or papers in any legal proceeding or arbitration between the parties may be made by First-Class Mail delivered by the U.S. Postal Service addressed to the party’s address in this agreement or another address provided by the party in writing to the party making service. Subscriber submits to the jurisdiction and laws of Florida and agrees that any litigation or arbitration between the parties must be commenced and maintained in the county where FFS’s principal place of business is located. Provided Inspection service is included in this agreement and Subscriber has agreed to pay a fixed amount for Inspection service pursuant to paragraph 1, the parties agree that due to the nature of the services to be provided by FFS, the payments to be made by subscriber for the term of this agreement are an integral part of FFS’s anticipated profits and in the event of subscriber’s breach of this agreement it would be difficult if not impossible to reasonably estimate FFS’s actual damages. Therefore, in the event of subscriber’s default of this agreement subscriber shall pay to FFS 80% of the balance due for the term of this agreement as liquidated damages. FFS may, without prior notice, suspend or terminate its services in event of Subscriber’s default in performance of this agreement and shall be permitted to terminate all its services under this agreement without relieving Subscriber of any obligation herein.
- 18. Subscriber agrees that FFS is authorized and permitted to subcontract any services to be provided by FFS to third parties who may be independent of FFS, and that FFS shall not be liable for any loss or damage sustained by Subscriber by reason of fire, theft, burglary or any other cause whatsoever caused by the negligence of third parties. Subscriber acknowledges that this agreement, and particularly those paragraphs relating to FFS’s disclaimer of warranties, exemption from liability, even for its negligence, limitation of liability and third party indemnification, inure to the benefit of and are applicable to any assignee, subcontractors and communication centers of FFS.
- 19. FALSE ALARMS/PERMIT FEES: FFS shall have no liability for permit fees, false alarms, false alarm fines, police or fire response, any damage to personal or real property or personal injury caused by police or fire department response to alarm, whether false alarm or otherwise, or the refusal of the police or fire department to respond. In the event of termination of police or fire response by the municipal police or fire department this agreement shall nevertheless remain in full force and Subscriber shall remain liable for all payments provided for herein. Should FFS be required by existing or hereafter enacted law to perform any service or furnish any material not specifically covered by the terms of this agreement Subscriber agrees to pay FFS for such service or material at current rates.
- 20. SECURITY INTEREST/COLLATERAL: In order to secure all indebtedness or liability of Subscriber to FFS, Subscriber hereby grants and conveys to FFS a security interest in, and mortgages to FFS all of Subscriber’s equipment, inventory and proceeds thereof, accounts receivables and cash on hand. Subscriber agrees to allow FFS to execute in Subscriber’s name a UCC-1 statement.
- 21. FULL AGREEMENT/SEVERABILITY/ CONFLICTING DOCUMENTS: This agreement constitutes the full understanding of the parties and may not be amended, modified or canceled, except in writing signed by both parties, except FFS’s requirements regarding items of protection provided for in this agreement imposed by Authority Having Jurisdiction. Subscriber acknowledges and represents that Subscriber has not relied on any representation, assertion, guarantee, warranty, collateral agreement or other assurance, except those set forth in this agreement and waives any claims in connection with same. Should any provision of this agreement be deemed void, all other provisions will remain in effect.
Alarm Monitoring terms and conditions
This Agreement is entered into this day of , by and between DIGICOM, INC., TAMPA, FL, and FLORIDA FIRE SERVICE, INC. hereinafter referred to as “Company”, and hereinafter referred to as “Subscriber”.
- 1. DESCRIPTION OF SERVICES PROVIDED: COMPANY agrees to provide monitoring service as hereinafter set forth for the alarm system owned by Subscriber and located at .
- 2. PAYMENT AND TERMS: Subscriber agrees to pay to COMPANY, its agents or assignees for monitoring, the sum of $ xxx.xx PER YEAR (plus tax) payable annually in advance. The first annual payment shall be due & payable upon execution of this Agreement. This Agreement shall be for an initial term of three (3) years and shall automatically be renewed for like periods at the same monitoring rate, unless either party notifies the other in writing of its intention to terminate this Agreement, not less than (30) days prior to the expiration of the original term or renewal term thereof. COMPANY may increase the annual rate for any renewal period by giving Subscriber sixty (60) days prior written notice.
- 3. RECEIPT OF COPY: SUBSCRIBER ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT.
- 4. CANCELLATION: This agreement may be cancelled by either party upon receipt of notice thirty (30) days in advance of renewal of original term, or renewal tern thereof. Upon cancellation of this agreement by Subscriber, any balance due paid amount shall be forfeited.
- 5. COMPANY IS NOT AN INSURER; LIMITATION OF LIABILITY:
It is understood and agreed: That 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; that COMPANY makes no guaranty or warranty, including any implied warranty of merchantability or fitness that the equipment or services supplied will avert or prevent occurrences or the consequences therefrom 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 approximately result from a failure to perform any of the obligations herein, including, but not limited to monitoring or the failure of the system to properly operate with resulting loss to Subscriber because of, among things:
- (a) The certain 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;
- (b) The uncertainty of the response time of any police department, fire department, paramedic unit, or others be dispatched as a result of a signal being received;
- (c) The inability to ascertain what portion, if any loss would be proximately caused by COMPANY’S failure to perform or by its equipment to operate;
- (d) The uncertain nature of occurrences which might cause injury or death to Subscriber or any other person which system is designed to detect or avert;
- (e) The nature of the service to be preformed by COMPANY.
Subscriber understands and agrees that if COMPANY should be found liable for loss or damage due from failure of COMPANY to perform any of the obligations herein, including, but not limited to monitoring service, or the failure of the service or equipment in any respect whatsoever, COMPANY’S liability shall be limited to Two Hundred Fifty Dollars ($250.00), and this liability shall be exclusive; and that the provision 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 non-performance of the obligations imposed by this Contract, or from negligence, active or otherwise, of COMPANY, its agents, servants, assigns or employees.
- 6. COMPANY’S LIABILITY/DISCLAIMER OF WARRANTIES: COMPANY DOES NOT REPRESENT OR WARRANT: THAT THE ALARM SYSTEM MAY NOT BE COMPROMISED OR CIRCUMVENTED; OR THAT THE SYSTEM OR SERVICE WILL PREVENT ANY LOSS BY BURGLARY, HOLDUP, OR OTHERWISE; OR THAT THE SYSTEM OR SERVICE WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT IS INSTALLED OR INTENDED. SUBSCRIBER ACKNOWLEDGES AND AGREES: THAT COMPANY HAS MADE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. SUBSCRIBER FURTHER ACKNOWLEDGES AND AGREES: THAT COMPANY IS NOT AN INSURER; THAT SUBSCRIBER ASSUMES ALL RISK OF LOSS OR DAMAGE TO SUBSCRIBER’S PREMISES OR TO THE CONTENTS THEREOF. SUBSCRIBER HAS DISCUSSED THE AMOUNTS SET FORTH IN PARAGRAPH 5 WITH COMPANY’S AGENT, WHICH SETS FORTH COMPANY’S MAXIMUM LIABILITY IN THE EVENT OF ANY LOSS OR DAMAGE TO SUBSCRIBER OR ANYONE ELSE.
- 7. MONITORING SERVICES: Signals of the alarm systems owned by Subscriber at the premise hereinabove set forth shall be monitored by COMPANY. If the opinion of COMPANY, use of the alarm system by Subscriber adversely affects the use of the signal receiving equipment, this Agreement may be terminated thirty (30) days following written notice to Subscriber.
- 8. RESPONSE TO ALARMS:
8.1 Upon receipt of a burglar alarm signal, transmit the alarm to headquarters of the police department and notify the Subscriber or his designated representative by calling the telephone number supplied to COMPANY in writing by Subscriber; pursuant to Florida State Statutes. Upon written request from Subscriber, COMPANY will notify Subscriber or his designated representative first to receive authorization to dispatch the police department. .
8.2 Upon receipt of a hold-up alarm signal, transmit the alarm to the police department.
8.3 Upon receipt of a sprinkler alarm signal, water flow signal, manual, smoke or automatic fire alarm signal, transmit the alarm to the fire department and notify Subscriber or his designated representatives by calling the telephone number supplied to COMPANY in writing by Subscriber. Upon written request from Subscriber, COMPANY will notify Subscriber or his designated representative first to receive authorization to dispatch the fire department.
8.4 Upon receipt of a monitor signal, notify Subscriber or his designated representatives by calling the telephone number supplied to COMPANY in writing by Subscriber.
8.5 TRANSMISSION LINES: Subscriber shall pay all charges made by any telephone company or other utility for installation, leasing and service charges of telephone lines connecting Subscriber’s protected premises to COMPANY’S central station when digital communicator is used. Subscriber acknowledges that if COMPANY’S utilizes a digital communicator for the purposes of transmitting alarm signals from Subscriber’s premises to COMPANY’S central station that the signals from Subscriber’s alarm system are transmitted over Subscriber’s regular telephone service to COMPANY’S central station and in the event Subscriber’s telephone service is out of order, disconnected, placed on vacation or otherwise interrupted, signals from Subscriber alarm system will not be received in COMPANY’S central station during any such interruption in telephone service and the interruption will not be known to COMPANY. Subscriber further acknowledges and agrees that signals which are transmitted over telephone company lines which are wholly beyond the control and jurisdiction of COMPANY and are maintained and serviced by the applicable telephone company or utility. COMPANY, at its option, may utilize a radio frequency system for transmitting alarm signals from Subscriber’s premises to COMPANY’S central station. Subscriber acknowledges that the use of radio frequencies are controlled by the Federal Communications Commission and changes in rules, regulations, and policies may necessitate the discontinuing use of such transmission facilities by COMPANY at COMPANY’S sole option. Subscriber further acknowledges that radio frequency transmissions may be impaired or interrupted by atmosphere conditions, including electrical storms, power failures, or other conditions and events beyond the control of COMPANY.
- 9. COMPANY’S OBLIGATION: Subscriber and COMPANY agree that COMPANY’S sole and only obligation under the Agreement shall be to monitor signals received by means of the protective system and respond thereto as set forth in Section 8 of this Agreement.
- 10. FALSE ALARMS: In the event an excessive number of false alarms are caused by Subscriber’s carelessness, malicious action, neglect, or accidental use of the alarm system COMPANY may in its sole discretion deem same to be a material breach of contract on the part of Subscriber and, at its option, in addition to all other legal remedies set forth below, be excused from further performance, upon the giving of ten (10) days written notice to Subscriber. COMPANY’S excuse from performance shall not affect its right to recover damages from Subscriber. In the event a fine, penalty or fee is assessed against COMPANY by any government or municipal agency as a result of any alarm originating from Subscriber’s premises, Subscriber agrees to forthwith reimburse Company for same. Subscriber represents that he fully understands that the equipment, because of its sensitivity and nature, is subject to the influence of external events which are not within the control of COMPANY and which may cause the alarm to activate. Any and all such alarms which occur shall not be construed as improper operation neither of the equipment nor as malfunction thereof, nor shall any or all of such alarms excuse any of the obligations of Subscriber as set forth in this Agreement.
- 11. EXCESS SIGNALS: Excess signals as a result of failure of equipment that may or may not be due to Subscribers failure to maintain the alarm system will be charged at a rate of $0.95 for each signal over 50 per month.
- 12. INTERRUPTION OR CANCELLATION OF SERVICE: COMPANY assumes no 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 the COMPANY and will not be required to supply monitoring service to Subscriber without notice at the option of COMPANY, if COMPANY’S Central Station or Subscriber’s premises or equipment are destroyed by fire or other catastrophe, or so substantially damaged that it is impractical to continue service or in the event COMPANY is unable to render service as a result of any governmental authority.
- 13. SUBSCRIBER’S DUTIES AS TO USE OF SYSTEM: The Subscriber shall carefully and properly test and set the alarm system immediately prior to securing of the premises and carefully test the system periodically during the term of this Agreement. Subscriber shall immediately report to COMPANY any claimed inadequacy in or failure of the system or service. Subscriber agrees to furnish COMPANY with all changes, revisions, and modifications to Subscriber’s Information in writing. When any device or protection is used, including but limited to space protection, which is affected by turbulence of air , occupied airspace change, or other disturbing conditions, Subscriber shall turn off or remove all things, animate or inanimate, including but not limited to all forced air heaters, air conditioners, horns, bells, animals, and any other sources of air turbulence or movement, which may interfere with effectiveness of the system during closed periods while the alarm system is on. Subscriber shall have sole responsibility for the silencing any audible device. In the event COMPANY is called upon by Subscriber, governmental authority, or others to silence Subscriber’s audible device, Subscriber agrees to pay for each such service call at COMPANY’S then prevailing rate with a one hour minimum charge. Subscriber shall obtain, pay for, keep in full force and effect, all necessary licenses and permits for the installation use of the alarm System during the original and any renewal term of this Agreement.
- 14. ASSIGNEES/SUBCONTRACTORS OF COMPANY: COMPANY shall have the right to assign this Agreement to any other person, firm or corporation without notice to Subscriber and shall have further right to subcontract any monitoring or other service which it may perform. Subscriber acknowledges that this Agreement, and particularly those paragraphs relating to COMPANY’S maximum liability liquidated damages, and third party indemnification, inure to the benefit of and are applicable to any assignees and/or subcontractors of 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 COMPANY.
- 15. DEFAULT BY SUBSCRIBER: If Subscriber fails to pay any amount herein Provided with ten (10) days after the same is due and payable or if Subscriber fails to perform any other provisions hereof with ten (10) days after COMPANY shall have requested in writing performance thereof, 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 COMPANY shall be entitled to recover , in addition, the monthly charge due under the contract for said services; or (b) Recover from Subscriber all sums COMPANY may be entitled to under the law.
- 16. DELINQUENCY; RECONNECT CHARGES: In the event any payment due hereunder is more than ten (10) days delinquent, COMPANY may impose and collect a late charge on the amount of the delinquency at the maximum rate permitted by Florida law, but not greater than eighteen (18%) percent per annum. If the alarm system is deactivated because of Subscriber’s past due balance, and if Subscriber desires to have the system reactivated, Subscriber agrees to pay in advance to COMPANY a reconnect charge to be fixed by COMPANY in a reasonable amount.
- 17. TERMINATION: Upon termination of this Agreement for any reason, Subscriber shall permit COMPANY or its agent to enter Subscriber’s premises and disconnect transmitter or communicator from COMPANY’S monitoring network.
- 18. THIRD PARTY INDEMNIFICATION: When Subscriber in the ordinary course of business has the property of others in his custody, or the alarm system extends to protect property of the others, Subscriber agrees to and shall indemnify, defend and hold harmless COMPANY, its employees and agents for or against all claims brought by parties other than the parties to this Agreement. This provision shall apply to all claims regardless of cause including COMPANY’S performance or failure to perform and including defects in products, design, installation, maintenance, operation or non-operation of the system whether based upon negligence, active or passive, warranty, or strict or product liability on the part of COMPANY, its employees or agents, but this provision shall not apply to claims for loss or damage solely and directly caused by an employee of COMPANY while on Subscriber’s premises.
- 19. PURCHASE ORDERS: It is understood and agreed by and between the parties hereto, that if there is any conflict between this Contract and Subscriber’s purchase order, or any other document, this Agreement will govern, whether such purchase order or other document is prior or subsequent to this Agreement.
- 20. ATTORNEY’S FEE: In the event it shall become necessary for COMPANY to institute legal proceedings to collect the cost of any charges as set forth herein, then and in such proceeding, Subscriber shall pay to COMPANY reasonable attorney’s fees where permitted.
- 21. 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.
- 22. ENTIRE; INTEGRATED; AGREEMENT; MODIFICATION; ALTERATION; 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 supersedes all prior representations, understandings or agreements of the parties, and the parties rely only upon the 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 of a breach of any term or condition of this Agreement shall be construed to be a waiver of any succeeding breach. The parties agree that this Agreement is to be performed in the State of Florida, and shall be governed by the laws of the State of Florida.
_________________________________________________________THIS AGREEMENT SHALL NOT BE BINDING UPON COMPANY UNLESS APPROVED IN WRITING BY AN OFFICER OF THE COMPANY. IN THE EVENT OF NON-APPROVAL, THE SOLE LIABILITY OF COMPANY SHALL BE TO REFUND TO THE SUBSCRIBER THE AMOUNT THAT HAS BEEN PAID TO COMPANY BY SUBSCRIBER UPON THE SIGNING OF THIS AGREEMENT.
_________________________________________________________THE TERMS AND CONDITIONS SET FORTH ON THE PAGE ONE (1) OF THIS AGREEMENT ARE INCORPORATED HEREIN AND BY REFERENCE ARE MADE A PART HEREOF.
- Revised 04-2015 DG