System Purchase and Monitoring Agreement

Transcription

1 System Purchase and Monitoring Agreement Customer Name: Bill to Address: Service Address (if different): Social Security #: Phone: Monitoring Acct. #: Password: Date Service Started: Emergency Contacts in the event you cannot be reached. Please indicate by checking the appropriate box whether this person is authorized to have the alarm terminated or have the appropriate authorities contacted: Authority to terminate or have authorities notified? Name: Phone Number: Name: Phone Number: yes yes no no This Agreement is between You and Northwest Communications Cooperative, Inc. (NCC), for the purpose of having NCC provide detection equipment, central station monitoring, and other services as specified at your premises listed above. You are the purchaser. This Agreement explains your duties and responsibilities to NCC and NCC s duties and responsibilities to You in providing equipment, services, and financing. Please initial where indicated. INITIALS GENERAL 1. You agree to the Agreements and Conditions of this Agreement and acknowledge that You have read and understand them. You agree that NCC is not an insurer and that NCC s liability is specifically limited by the Agreements and Conditions. 2. This is not a binding Agreement until it has been accepted by an Authorized Representative of NCC. If it is not accepted, NCC s only liability will be to refund any amount that You have paid to NCC according to this Agreement Page 1 of 8

2 EQUIPMENT NCC agrees to provide and install equipment for the services you have selected in this Agreement. You are responsible for an installation fee of $. INITIALS WARRANTY Any equipment purchased is subject to its manufacturer warranty. You are responsible for all maintenance of the security system. MONITORING AGREEMENT 1. The initial period of this Agreement is three (3) years from the date of installation, after which time it will automatically be renewed for successive thirty (30) day terms unless terminated by either party s written notice. If cancelled, this contract will end on the last day of the term in which proper notice was received. If You cancel before the end of the initial period, you will pay us an amount equal to 75% of the charges to be paid by you during the remaining initial three (3) year term of this agreement. This amount is a contract termination charge and is not a penalty. 2. The monitoring payment will be a monthly fee of $, plus sales tax, billed in advance of the month service is used. 3. How do You wish to pay for your monthly monitoring? Credit Card Regular Billing (If no box is checked, monitoring will be billed with regular billing.) 4. Conditions to be monitored include: Intrusion Low Temperature Fire Flood Carbon Monoxide Medical Emergency Other 5. You will be solely responsible for fines/charges imposed by any responding agency. You will be solely responsible for providing accurate and updated account information, including, but not limited to location, addresses, directions, telephone numbers and names for a call list so that someone will always be available in the event of an alarm signal. 6. Upon NCC receiving a 30 day written notice of cancellation, a representative will need to access the panel for deprogramming. You hereby authorize an NCC or designated representative to enter upon the premises of the purchaser to deprogram the system from monitoring. Please Note: You will continue to be charged for your monitoring fee until we are allowed access to your panel for deprogramming. If the premise is sold, You remain responsible for all monitoring fees until we are able to deprogram the panel. If you are moving before the agreement period is up, please let us know in your written notice of cancellation if the new owners want to assume the agreement. If they do not, you will be billed for the remaining portion of the agreement and the installation fee Page 2 of 8

3 7. Right to Cancel - You may cancel this agreement at any time prior to midnight of the third business day of this agreement s date. If you cancel, any payments made by you under the contract or sale, any property traded in, any instrument executed by you will be returned within 10 days following NCC s receipt of your cancellation notice, and any security interest arising out of the transaction will be cancelled. If you cancel, you must make available to NCC, at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you may, if you wish, comply with NCC s written instruction regarding the return shipment of the goods. 8. We have the right to increase the monthly monitoring charge at any time after the first year. If you give us a written objection to the increase within 30 days of your receipt of notice of the increase, and if we do not waive the increase, then you may terminate this agreement effective 30 days after our receipt of your written notice of termination. In this situation you will not have to pay the early termination fees. INITIALS Safety Equipment - Your Responsibilities Effective maintenance of safety equipment requires your cooperation. You agree: 1. To inspect and maintain the equipment, testing it regularly to ensure proper working order. 2. To notify NCC immediately if You find anything wrong. 3. To avoid doing anything which might damage the safety equipment or make it difficult to use. 4. To be solely responsible for complying with local codes and requirements. 5. You will give NCC access to change or update programming in the event that manual access to the equipment is necessary. Limitation of NCC Security Responsibilities and Liabilities You should understand that: 1. Safety equipment may be bypassed, misused, or damaged and may not always operate properly for numerous reasons. 2. Use of safety equipment does not replace the services of fire departments, police departments, or emergency medical units. 3. NCC is not providing a guard service under this Agreement. 4. NCC assumes no liability for any damages arising from any delays in the installation or repairs of the system or from any delays in the processing of account information. 5. NCC DOES NOT MAKE ANY REPRESENTATION OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE SYSTEM OR SERVICE MAY NOT BE COMPROMISED, OR THAT THE SYSTEM OR SERVICES WILL IN ALL CASES PROVIDE THE DETECTION FOR WHICH IT IS INTENDED. NCC IS NOT AN INSURER, AND THE FEES ARE BASED ON VALUE OF SERVICE Page 3 of 8

4 INITIALS AND NOT RELATED TO VALUE OF PROPERTY OR RISK. 6. You do hereby release and discharge NCC from any potential claim by You for damages arising out of or related to this agreement or NCC s provision of services thereunder, whether or not such damages are covered by your insurer. 7. You do hereby agree to indemnify and hold harmless NCC from any claims against it by a third party, including your insurance carrier, relating to this agreement or NCC s provision of services pursuant thereto. This obligation shall survive termination of this agreement. 8. In the event NCC is determined to have been in breach of this agreement or to have otherwise negligently performed services thereunder, NCC will owe You only six (6) times the monthly monitoring fee paid or $1,000, whichever is greater. It is understood that because damages would be difficult or impossible to ascertain, this sum is for liquidated damages and is not a penalty. 9. This Agreement may not be assigned by You except upon prior written consent by NCC. Suspension or Cancellation It is understood that, after having given 30 days written notice, NCC may immediately cease the monitoring or other servicing of the system for the following reasons: 1. NCC is legally prevented from monitoring or servicing the system. 2. You do not make equipment, monitoring, or related payments when due. 3. NCC is prevented from making repairs or conducting maintenance on the system. 4. The monitoring center receives too many false alarms from the alarm system. 5. The alarm monitoring center is destroyed or damaged so that it is impractical for us to continue service or we cannot acquire or retain the transmission connections or authorization to transmit signals between your premises and the alarm monitoring center or the applicable fire, police department or other agency. Upon suspension of monitoring service for any reason, You must immediately disconnect your alarm system in order to prevent it from sending signals to the central monitoring station or otherwise be responsible for all fines, fees or penalties that may be imposed by government agencies, the central monitoring station and/or other parties. Complete Agreement; No Spoken Changes Everything that You and NCC have agreed upon is written in this Agreement and any attached worksheets. It replaces all earlier agreements and understandings, whether spoken or written. Nothing You or NCC may have said can change this Agreement. This Agreement may only be changed in writing, and the writing must be signed by You and NCC. You agree that we may convert this Agreement into an electronic form for storage purposes. You also agree that, in the event of any dispute or litigation, a copy of this Agreement produced from any electronic form may serve as the exclusive original Page 4 of 8

5 This Agreement is governed by the laws of the State of North Dakota. You acknowledge that You have received a copy of this Agreement. NCC Purchaser Purchaser Security Specialist Name Name NCC Authorized Acceptance Signature Signature Page 5 of 8

6 Two steps are REQUIRED to property cancel you security account: 1. Cancel billing 2. Deprogram alarm system 1. Cancelling billing: Complete the attached security monitoring cancellation form. The 30 day notice begins the day we receive your written request in our office, regardless of the date your system was deprogrammed. The letter can be faxed to (701) , ed to or mailed. SIGNATURE: We are unable to process letters without a signature. If we receive an unsigned letter, it will be returned to you. PASSWORD: We are unable to process letters without a password. If we receive the letter without a password it will be returned to you. You will receive a final bill reflecting your final balance. 2. Deprogramming the alarm system: The deprogramming process will stop your alarm system from sending signals into our central monitoring station. Even after this is completed, your alarm system may still be operational within your home or business. It will simply not be able to communicate with our central station. A security technician will contact you to conduct the deprogramming relevant to your system. Please provide the best number for you to be reached at during normal business hours. PLEASE NOTE: call us immediately if you are planning on cancelling your phone line so that we can expedite the deprogramming process. Please call NCC at (701) with any questions. Billing Account Number Central Station Account Number MONITORING CANCELLATION FORM Page 6 of 8

7 To cancel security service: 1. Send NCC a signed cancellation form 30 days before you want your monitoring service to stop. This cancellation form can be faxed to (701) You can a scanned copy to ncc@nccray.com. You will still be responsible for any contractual obligations that have not expired. 2. Deprogram alarm system: After we receive this cancellation form, an NCC technician will call you at the number you provide below to schedule a time to do the deprogramming of your system. Depending on the type of system you have, we should be able to deprogram your system without a site visit. 3. Cancel billing: Your billing will end 30 days after receipt of your written cancellation notice regardless of when the system is deprogrammed. 4. Please call us with any questions at (701) I,, wish to cancel my (Print Name) security service at (Service Address of Security System) on. (Minimum of 30 days) (Password) (4 Digit Arm/Disarm Code) ( ) ( ) (Best Daytime Phone Number) (Phone Number Where Alarm System is Located) (Name of Insurance Company) ( ) (Insurance Company Phone Number) This cancellation is due to the following reason(s): Cancelling phone service System not in working order Closing Business Moving Not using system Other Temporary cancel due to remodeling Using a different security company Financial Reasons Natural disaster - fire/tornado/flood Page 7 of 8

8 If Moving: Please include this information: Your new address and phone/contact information: Address 1: Address 2: Phone: Your new address and phone/contact information: Address 1: Address 2: Phone: (Signature of Responsible Party) (Today s Date) (Printed Name of Responsible Party) FOR OFFICE USE ONLY: Page 8 of 8