TeleSentry Monitoring Service Agreement

Transcription

1 SentryMart 115 Auld Ridge Way Hebron, OH (740) TeleSentry Monitoring Service Agreement In the terms and conditions that follow, SentryMart and its parent Target Microsystems, Inc. are collectively known as SentryMart. The person executing this Agreement and that person s user designees are collectively referred to as the Owner, and monitoring services provided by SentryMart s central station partner (the Central Station ) are referred to as the Service. For clarity, this Agreement s narrative is largely written in first person (you, we) linguistic form. By subscribing to the TeleSentry Monitoring Service, you accept, without limitation or qualification, these terms and conditions of use. We may change these terms and conditions from time to time with or without notice, and you agree to be bound by any such changes. PLEASE READ THIS DOCUMENT CAREFULLY AND KEEP A COPY OF IT IN A SAFE PLACE. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. 1. About The Service The TeleSentry monitoring service is only available in the continental United States. IT IS NOT A SUBSTITUTE FOR 911. The Service will only work if your account is current on payment, and if your device is charged, turned on, has network access, and the Service is enabled. The Service may not be available in remote or enclosed areas. You agree that once you enroll in the Service, we will, when need arises, be able to track your approximate location via TDOA coordination when you send a help-button signal to the Central Station, and that we can provide this information to third party service providers in case of an emergency or service incident. However, we cannot guarantee that we can track your exact location, and in some cases we may only be able to provide the information provided in your Owner Information Sheet. 2. Term - SentryMart agrees to monitor signals from the TeleSentry for an initial term of one month. This Agreement will automatically renew for successive one-month terms until terminated by either party, by providing the other party with thirty days written notice, to [email protected] will suffice. You can cancel your Service at any time. We require written notification, to [email protected] will suffice. We will cancel the Service immediately and you will not be charged for any future months. 3. The Monitoring Monitoring is provided by the Central Station. Upon receipt of a help-button signal, a Central Station alarm dispatcher will attempt to talk to Owner via TeleSentry s 2-way voice feature, and will follow Owner s verbal instructions. If the Central Station is unable to talk to the Owner, it will immediately initiate the call sequence specified in the Owner Information Sheet. Central Station is entitled to rely solely on the Owner Information Sheet, and is not responsible for trying to contact anyone else. Owner understands that no form of monitoring can always be error free. The Owner also acknowledges that SentryMart is not a health care provider or ambulance company, and that SentryMart s sole obligation is to monitor the TeleSentry and notify the parties listed

2 in the Owner Information Sheet. The Owner also understands that SentryMart is not responsible for any interruption of service due to any cause beyond SentryMart s control, such as poor cellular reception, radio interference, Owner negligence in maintaining TeleSentry s battery charged, or damage to TeleSentry by Owner or others. 4. Owner Responsibilities You are responsible for the care of the TeleSentry, and for making sure that its battery is always charged. You warrant that all information listed on the Owner Information Sheet is true and accurate, and agree to promptly provide SentryMart with any needed revisions in writing, whereupon such revisions shall become effective within 2 business days after receipt by SentryMart. You agree to specify two or more responders likely to be easily reached by the Central Station in event of emergency, and to assure that all of their phone numbers are correctly listed on the Owner Information Sheet, which constitutes a part of this Agreement. Owner shall not tamper with the TeleSentry or permit others to do so. (4a) No Fraudulent Use - You promise not to use the Service for any fraudulent, unlawful, or abusive purpose, or in any way that interferes with our provision of services to our other customers. If you do any of these things, you agree that you will be responsible for any amount anyone else claims from us, plus any expenses, resulting in whole or in part from your actions. (4b) Payment Responsibilities - You understand that monthly monitoring fees are paid by automatic monthly debit to your designated credit card, debit card or bank account. You agree to maintain your designated card or account in active condition, and to promptly notify SentryMart of any changes via to [email protected]. You are also responsible for directly paying all charges for services provided to you by others (such as emergency service providers). You agree to pay for all applicable fees and service charges, such as permits, federal, state and local taxes. (4c) Disputed Charges - If you object to any fees or charges for services, you must notify us in writing within 60 days after the fee or charge is incurred, (unless the law does not allow a limit or the law requires a longer period), or you are waiving the dispute. 5. Your Interaction With Our Dispatchers - We may record and monitor conversations between you and our dispatchers, emergency service providers, the police, or other third parties. Please note that our dispatchers may also remain on the line if they conference-in a third party to assist in completing a service request. Please understand that SentryMart is not required to release any audio or physical records that are created as part of the Service without a subpoena (unless otherwise required by law). We will do our best to accommodate you if English is not your first language and you require translation services, but we cannot guarantee the availability or competence of a third party translator. Our agents may link, conference or transfer you to other service providers such as the police, fire department, or ambulance service. We ll use reasonable efforts to contact appropriate service providers for help when you ask for it, but we can t promise that any service providers will respond in a timely manner or at all. Furthermore, we can t promise that we will provide the best service provider or guarantee any level of service from such service provider. The laws in some places require an emergency situation to

3 be confirmed before emergency service providers will provide service. We will not contact emergency service providers in these locations in response to your call if we cannot hear your request for assistance or otherwise confirm that an emergency exists. We will attempt to have a dispatcher contact you after help has been dispatched to make sure that you do not need additional assistance, but cannot guarantee this service in all cases. 6. Transfers Owner can transfer TeleSentry ownership by providing SentryMart with written notice of the new owner s name, address, phone number and address. Owner s automated monthly fee payment debits will cease when the new owner s automated monthly debits begin. Owner agrees to pay a $35 transfer fee. 7. Our Right To Terminate Or Suspend The Service - We may terminate your Service with or without apparent cause, in which case we will give you notice 30 days prior to the effective date of termination, after which your account will be deactivated and your service will terminate. This means that we can decide to cease providing the Service to you at any time and for any reason. In such a case, we will refund any amounts you have paid in advance. Also, we may terminate your service without prior notice to you for any good cause. For example, we can terminate your Service immediately if you breach any part of this Agreement, don t pay amounts that are due to us, interfere with our efforts to provide service, interfere with our business, or if your Service or wireless phone number is used for illegal or improper purposes. We can suspend your Service for any reason that would allow us to terminate it. We can also suspend it for network or system maintenance or improvement, or if there s network congestion, or if we suspect your service is being used for any purpose that would allow us to terminate it. 8. Your Privacy - We may collect information about you in several different ways: from information you provide to us, from your use of the Service, from calls or s between us, from location based services, and from third party data providers. We may collect information about your location on a periodic or regular basis. The information we may get about you includes your contact and billing information (including your credit card number), registration information, your physical locations, and information that helps us customize our services (including your medical condition and medications). You agree that we can, subject to applicable law, use this information to provide our location based services, manage your account, conduct analysis and research, comply with legal requirements, prevent fraud or misuse of the Service, and protect our rights or property or the safety of you or others. 9. Warranties & Representations TeleSentry comes with a one (1) year parts & labor warranty, which commences upon its receipt by Owner. Owner agrees to promptly provide SentryMart with notice of request for replacement under Warranty prior to returning the defective TeleSentry. During the Warranty period, SentryMart will repair or replace the TeleSentry at no charge if defects are due to ordinary wear and tear. SentryMart will perform necessary repairs or replacements as soon as it reasonably can after receipt of the defective TeleSentry. The Warranty does not cover defects due to damage. SentryMart in its sole judgment will differentiate between normal wear & tear and damage. Upon Owner s request, costs of repair or replacement necessitated by damage can be provided at SentryMart s then-current service rates.

4 Performance of the TeleSentry and the Monitoring can be greatly influenced by factors beyond SentryMart s control, such as improper Owner use, weak cellular reception, and responder performance. SentryMart cannot therefore represent or warrant that the TeleSentry and the Monitoring will always accomplish their intended purposes. THE PARTIES ACKNOWLEDGE AND AGREE THAT SENTRYMART HAS NOT MADE ANY OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE CONDITION OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, NOR HAS OWNER RELIED ON ANY OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. THE PARTIES ALSO ACKNOWLEDGE AND AGREE THAT ANY AFFIRMATION, FACT, OR PROMISE SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY, AND THAT THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FACE OF THIS AGREEMENT. 10. Limitation of SentryMart s Liability - IF SENTRYMART IS FOUND LIABLE FOR ANY LOSS, DAMAGE, OR INJURY DUE TO ITS NEGLIGENCE OR THE FAILURE TO PERFORM ITS OBLIGATIONS IN THIS AGREEMENT, INCLUDING MONITORING, TELESENTRY PERFORMANCE, IN ANY RESPECT AT ALL, SENTRYMART S MAXIMUM LIABILITY WILL BE $300. SENTRYMART WILL ASSUME A GREATER LIABILITY, BUT ONLY FOR AN ADDITIONAL CHARGE TO BE AGREED UPON BY OWNER AND SENTRYMART. IF SENTRYMART DOES SO, A RIDER WILL BE ATTACHED TO THIS AGREEMENT. SENTRYMART EXPRESSLY DENIES ALL LIABILITY FOR ANY OTHER LOSS, DAMAGE, OR INJURY WHICH MAY OCCUR PRIOR TO, AT, OR AFTER EXECUTING THIS AGREEMENT. THIS INCLUDES LIABILITY BASED ON CONTRACT, TORT, NEGLIGENCE, WARRANTY (INCLUDING MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE) AND ANY OTHER THEORY OF LIABILITY. THIS EXCLUSION SPECIFICALLY COVERS LIABILITY FOR: PHYSICAL INJURY, ILLNESS, DEATH, LOST PROFITS; LOST OR DAMAGED PROPERTY; LOSS OF USE OF PROPERTY OR PREMISES; GOVERNMENTAL FINES AND CHARGES, AND THE CLAIMS OF THIRD PARTIES. ALSO COVERED BY THIS EXCLUSION ARE THE FOLLOWING TYPES OF DAMAGES: DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (DAMAGES THAT RESULT FROM AN ACT, BUT DO NOT DIRECTLY RELATE TO THE ACT), AND PUNITIVE (DAMAGES USED TO MAKE AN EXAMPLE OF SOMEONE). 11. Insurance - Owner understands that SentryMart is not an insurer. Payments made for the Monitoring are based solely on the cost of the TeleSentry and the Monitoring. Owner understands that the Monitoring is intended to reduce, but not eliminate, certain risks. SentryMart does not guaranty that the Monitoring will prevent personal injury, illness, death, or unauthorized entrances. SentryMart assumes no liability for such risks. 12. Owner s Protection of SentryMart - Owner agrees to protect/indemnify, defend and release SentryMart and SentryMart s related parties from liability against all third party claims or losses (including attorneys fees) brought against SentryMart which relate to the TeleSentry or the monitoring services SentryMart provides. SentryMart s related parties include its parent company Target Microsystems, Inc., its employees and agents and subcontractors, including the Central Station. This protection/indemnity covers claims brought against SentryMart by the Owner s insurance company. It also includes claims arising under contract, warranty, negligence, or any other theory of liability. In case of any third party claim or loss covered by the Owner s insurance,

5 the Owner agrees to not look to SentryMart or SentryMart s related parties for reimbursement. The Owner waives any rights that the Owner s insurance carrier or others claiming through the Owner may have against SentryMart or SentryMart s related parties. 13. Owner s Default - If SentryMart s automated billing is blocked by rejection of Owner s card number or bank account number, and Owner has not provided SentryMart with a valid number within 30 days, this Agreement will be considered to be terminated and monitoring will cease. Owner may then reactivate this Agreement within 30 days by providing SentryMart with an request for reactivation and a valid card or account number. 14. Notices; Limitations on Lawsuits; Jury Trial The Owner must bring any claim against SentryMart within 1 year after the claim arose. If the Owner does not, the Owner has no right to sue SentryMart, and SentryMart has no liability to the Owner for that claim. It is critical that the Owner bring any claim in a timely manner. The provisions of this Agreement which apply to any claim remain in effect even after this Agreement ends. SENTRYMART AND THE OWNER BOTH GIVE UP THEIR RIGHT TO A JURY TRIAL. 15. Entire Agreement This writing, together with the completed Owner Information Sheet, constitutes the entire Monitoring Agreement, shall serve as a complete and exclusive statement of the terms thereof, and supersedes and replaces any prior agreement. All notices to be delivered hereunder shall be in writing, and shall be deemed to be properly served if sent by first class mail. Any modifications to this Agreement must be in writing, and signed by both Owner and SentryMart. In the event that any of the terms or provisions of this Agreement shall be declared invalid or inoperative, all of the remaining provisions shall remain in full force and effect. This Agreement shall be construed under and governed by the laws of the State of Ohio.