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HomeMy WebLinkAbout000421 Original ContractCity of Port Angeles Record #000421 0 Monitoring Information Agreement DATE SUBSCRIBER INFORMATION: by and between Alarm Center, Inc a Washington corporation, hereinafter referred to as "ACI and Street Address Mailing Address {A l+ ,f a? Cross Streets CALL LIST: Call Pnor vi H3 n4 PASSCARD LIST: 1 Password Hint 2 P_ assworcrHmt SPECIAL INSTRUCTION: BUSINESS HOURS: OPEN MON FRI SAT SUN OTHER ZONE Cond- ition A/S' (4)\: p ct 3 E -mail Address A1 I /.1) ta- t ---.J,,: 1)- 0.,R NOTE: Provide 2 phone numbers to be called prior to dispatching authorities) dditional names and numbers can 6 listed Check "Call Prior" box if they are to be called prior to dispatch The 1st number should be on -site, the 2nd should be the cell phone of the property owner or manager Use extra sheet if needed Calls prior to dispatch apply only to burglar alarm signals. NAME (Please t nnt) bn =Sile Contact Name Property Owner /Manager ZONE IDENTIFICATION: CLOSED DESCRIPTION Al e°.c tti; 4,. tt r� DEALER a M By X 1,j k i 'i` pr ACI APPROVAL r 1 By X Date Authorized Officer This Agreement is made this. /I day ofwr PHONE NUMBER PASSWORD or NUMBER �Ntatimum of 12 characters) On -Site Phone Number Cell Phone Number r hereinafter referred to as "Subscriber" whose address is Cit t3ve `.a State,: 'Zip Code d- PASSWORD HINT d 1 fa f A-P The "Passcard List" are those who are auth to be on the premises, but who are not on the, all List Use extra sheet if nee�led�"` e PASSWORD or NUMBER ASSWORD or NUMBER NAME (Please print) (Maximum of 12 characters) NAME (Please print) (Maximum of 12 characters) 4 If more room is needed, please submit on an additional sheet 'A= AUDIBLE, S= SILENT PANEL MAKE MODEL: HOLIDAY LIST: HOLIDAYS 1 COMMERCIAL Cond- ZONE ition A/S* 1. DEALER AGREEMENT: Subscriber has, or is about to contract with "Dealer for an alarm system and /or service at the premises indicated on this Agree- ment (hereinafter called "Premises Dealer and Subscriber have entered into an Agreement wherein and whereby Dealer will provide monitoring services for Subscriber, such services to consist solely of those described herein. Dealer has subcontracted such monitoring services to ACI which has agreed to perform the same solely as the agent of Dealer upon the terms and conditions set forth in this Agreement All monitoring fees are paid to ACI by Dealer 2. MONITORING SERVICES PROVIDED: ACI, upon receipt of an alarm signal from the customer's premises, and prior to notifying the authorities, shall attempt to verify all signals in accordance with current industry and Jurisdictional standards, or as may be required by aJurisdictional ordinance. If, after completing this verification process, the alarm signal is not verified Date f r y OPEN CUSTOMER Password Hint DESCRIPTION t 1 CLOSE HOLIDAYS OPEN CLOSE RESIDENTIAL I I ❑OPEN /CLOSE 0 B INDIVIDUAL Cond- ZONE ition NS" DESCRIPTION 1 as false, ACI will make every reasonable effort to notify the authorities and/ or the person or persons whose names and telephone numbers have been provided in writing by the alarm dealer or alarm dealer's subscriber. 3. RECEIPT OF COPY: SUBSCRIBER ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT. SUBSCRIBER HAS READ AND UNDERSTANDS ALL OF THIS AGREE- MENT, PARTICULARLY PARAGRAPHS 4, 11 AND 12, WHICH SET FORTH ACI'S MAXIMUM LIABILITY IN THE EVENT OF ANY LOSS OR DAMAGE TO SUBSCRIBER OR ANYONE ELSE. SUBSCRIBER ACKNOWLEDGES THAT HE HAS DISCUSSED THE LIMITATION OF LIABILITY SET FORTH IN PARAGRAPH 11 WITH DEALER'S AGENT, AND UNDERSTANDS THAT SUBSCRIBER MAY OBTAIN A HIGHER LIMITATION OF ACI'S LIABILITY BY PAYING AN ADDITIONAL PERI- ODIC CHARGE. THE TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE ARE INCORPORATED HEREIN. SUBSCRIBER By X J ^ij TI e d; t ,'i pp Corporation El Partnership Sole Proprietorship 'Other (describe) J THIS AGREEMENT SHALL NOT BE BINDING UPON ACI UNLESS APPROVED IN WRITING BY AN OFFICER OF ACI. AlarmCenterinc. P O Box 3401, Lacey, WA 98509 3401, Nation wide 1 800 752 2490 ()Alarm Center, Inc (IV, MMIX) C 14 (Date io �P 4. DISCLAIMER tOF WARRANTIES: ACI does not reprose of warrant Thar the morrrtirrng service wrdl prevent any loss by burglary fire. hold -up or othcrvrise, or twat rho monitcrng service wn!! in alT cases provide the protec- tiori for tti heir ii is ?=,tended Subscriber acknowledges and agrees That ACf has mingle no represenlatrnns Or warrantres expross or imp! ed, as to any mutter tnrl,atsoevei, rr7rhrding without iunttation the condrtron of the monitoring equil,rnent rfsnierchantabi f+ ryoritsfitnessfraraoypadtcularpu pose, norhas Sub.,cnber reficd on any represontations of warran(ies. express orrrnplicd Sobsr •+u:er furtheracknuwlodges and agrees That any aftii matron of fact of promise shall not ,7e deemed to create an express warranty ,and that there are nO varIanfies which extend Beyond the face of the Agreement hereof If medical ur'e't wonrtcnng serum is provided, Subscriber acknowledges !rat St, obtari7 anylrf e, medical ordisability insurance for the pro(� of Suhscriber anti others who may use the system Subscriber underslaruls that there are alternatives avadah,e fo Subscrthc i such as 911 err3�rgrncy to /P 7Orie ser„rco and Subscriberha, selected th s service with a furl ui derst,and,ny of ts lrrn,tations and 0 e limitation offCCS liability AC/ makes O rP,7+esc„ tatlon of Warranty as to The promptness of ='ts /espouse, and rice no cc)ntrc» over the response time ot capability of c-ny urgency or peisnn rrrf7o may lie nrtrfied as result of the system being used Suhscnhier further ,r erstantls thstACf, in providing the n ;onitonng service, may fart to pror,crty respond to the recd p( a signal horn the systern, or that the system may far,' to function i properly Subscnbei further acknowledges and agrees ThatAC:Io', usurer, that Sibscdiber F�stvnes all risk ofpersor injury anti Ir,s,> o; t /am age (o Subscriber's premises err to the contents thereof 5. AC! OBLIGATION: Subscriber nnu ACI agree that ACI s sole and only nbiigu' ion under thisAgrooment andfur under any agreement oetween Suh- scrthcrar rd Dealer, 'shall be tc monitor signals received from the alann syster n and to respond ther eof as set forth in Section 2 ACI shall not be obligated to pro'»de rnt'nit(ynng service until it has received (i) a fully executed copy of ih s Aareemcnt, (n) the co ;npieted not fication instructions, and (ui) valid test signals from Sur>scicbe,'s alarm system 6 SUBSCRIBERS DUTIES Subscriber shall carefully anc properly test End set the alar system mirredotely onor to the securing al the premises and c�rafulty test the signal system no less than monthly dating the terra of thin Acireennent and notify Dealer promptly if service s r€quired Sub snber ,-agrees to tt<inish AC i ur Dealer forthwith a written list ot the names, addrE -ss, toiPphone mariners Ono signatures of all persons suthonzcd to enter t) Premises or be notified +n the event of an alarm, and fir cerrtmerc e3 systems a daily and holiday opening and closing schedule At changes, revisions and mooificetons to the above shall be supplied to 4CI in wrong Subscriber strait secure and maintain all licenses or permits that may be necessary fro ;n governmental or unsuranco authorities for he continued monioring and use of the alarm system(s) 7. TERM OF AGREEMENT. DISCONNECTION: This Ag eernent shall continue for as long as Dealer contracts with ACI for the performance of rnunitcruig services for the Subscriber in the event that Dealer notifies ACI of its termination c! service for the Suoscnber for any reason jr in the event that Dealer °ails or refuses to wake payments for services fnrnishen or to be fc,rnished to Subscrioer byAC! ACI will give Subscriber at least five (5) days written notice of +esmination of such services to Subscroer and upon giving such r,cace, this Agreement and all of ACI s responsibilities hereunder shall come to an end and netner party hereto shall have ary claim against the other for any further obligaticns Upon temunauon of this Agreement for any reason Subscriber agrees to permit ACl to discontinue monitoring and further permit either ACI Or Dealer to enter upon Subscriber s premises and disconr ect Subscriber s system from ACI's monitoring network 8, INTERRUPTION OF SERVICE: ACI assumes no liabdrty for interruption of monu:onng service due to s rakes, riots floods storms earthquakes, fires paver failur es insurrection, interruption, or unavmlabAty of telephone, VOIP, Internet, cellular C video or radio signal transmission service, acts of Goo, or for any other cause beyond the control of ACI, and ACI will not be require' to supply monitoring service to Subscriber while arty such cause may control ic. This Agreement play be suspended atACI's option should the ai�irm systen, Suhscrber s Premises orACl's monitoring facilities becorne so subt>tentiafiy damaged that further service is impractical 9. SUSPENSION OR CANCELLATION OF THIS SYSTEM: This Agree- ment may bo suspended or cancelled without nonce at the option of ACi, if ACl's or Customer`s premises or equipment are destroyed Ly fire or other catastrophe or so substantially damaged that it is unpractical to continue service, or in the event ACI is unable to render service as a resul, of any action by any ctovernmentai authority or utility 10. TRANSMISS'ON LINES. Subscriber acknowledges that the signals from Subscriber's alarm system are transmitted over Subscriber's regular ie!c i iunea service to,4Cl s ;entrai station and in the event Subscnher's tele- p!hcne service is out of order, disconnected, placed ©n vacation, cr otherwise interiufited, signals frorn Subscriber s alarm system will not ae received in ACl e central station dunnr, any such interruption in telephone service and the interrupton, rr•,,a. not lie known to ACI Subscriber further acknowledges and agi eOS that telephone company lines are ,vnoliy beyond the control and junsdtccn of ACI end are maintained and sorvices solely by the applicable telephone company If radio signal transmission is utilized, Subscriber ac- kno ;vldg sthatradiosiyne!transmission issubjecttoenvironmental factors, both nrdsrel rind iron -made +hat are wholly beyond the conuoi of ACI Use r raoio ire 'renews are cont~ol!ed by the Federal Communications Gomrnrs- ston (F C) aria changes in rubs regulations and polices may necessitate disanntinuinq or changing such transmission facilities Vn1PI, tern h P ellularO?S ✓deoOther Subscriber acknowledges that if AO r utilizes signal tr<sns nissioin ey VolP/ Internet 'CeilulariGPS /Video +Otner finer 7u =;n transmission is Suurect to factors that may interrupt signals from SuascEriaer`s elann system and will not be received by ACI during any such inierru(,t ;n these services and may not be knows to ACi Subscriber funnier ncki.rsiscd<tes and agrues that signals which are transmitted over VotP/I r° teinet /Ce!'ulac'OPS,'Video/Other are wholly beyond the control and jurrsdir ;tion re, /PlOh ar7d are maintained and serviced bythe applicable service ar, ^,!id Stihscnta agree io turnis' any necessary VolP /lniernet/Celluler; CPS do, 0'hnr Connections at Subscriber's win expense 11. AOl 1S NOT AN'! INSURER; LIMITATION OF LiA73lLfi Y: Subscriber ngrec-s rh.af in consrc'er troi7 of the operatrvn of the n7o0rtcrtng ;aci/ity by t10/ i`r' ACl ,s 8+, insiuer, that irrsuronce if any shn/! be obtained by Subeonc,e; 'h /1 ACt rnakrs ico g :ra of vvarranty including any rrr- eG r ar;t; of rne c,'7anta /Pty or fdness fc' a partarlar purpose that the ef,r`v,cLs ooh egwpoier #t 1,riooi`r,d will evcrt or prevent O:CUne,aOes or the consequences therefrom which the service 525/ cg von is desianoa to detect or avert Subscrheracknowledyes that it is 1mpra7ticslanaex!re.7 +cly difficult to fix the actual damages, if any which may prowmatoly r551l7 ;ro,n ACI s negbgence a failure of AC/ to perforrn any of the ohlrgalmi's dew =0 including but not lrrnrtea to, failure ofthe monitoru,g senvice andror nrcnaoiioy equipment to properly operate with u iesuiirny loss to Subscrlb er hecausc cr among other things (a) The uncertain amount or val7re of Sucscnber'a proper'y or the property of Older kept on the orernise,, Which niay he lost, stolen destroyed damaged or otherv,°,se affected by occurrences is/ion the system or service is designed to detect or avert, (b) The ur?cerl zloty c; t, "e response tune of the pc/ice departmen fire deparlirient paramedic uP7it or others should trio police department, Pic depanrnenf, ooron�eriio unu or others, be dispatched as is 005117 0/0 syna/ b ;r,g reecrved (c) The ;riauilily to ascertain what portion, if any, of any loss would be ,:rox,nia(ely 0ar,5eu byAC/'s failure to perform or by equ+prrtent to opern,ts, (d; Ttir u,icera,n nature of occurrences Nhrch rsryhr cause injury or .teat/ to Subscriber or any other person, whrcl' the system is dostgried to (Iete=ct nr avert, (e) The nature of the seriicc to be performed by AGi /10) ur:derstands if canoes that IfAC ,'shou+'dbe found liaLte for loss c, din ageu+1E- ;nA Ole negiyerce, a failure of ACI to perform any ot the obligations hcierri, of a f ihtre of (/s monitoring service or the- monitoring equipiTient +n arryiospert whatsoever: AC/'s liability shall by fir /'ted ro the s�v, r� of Three Hurnreut Doflurs (7302 (hC') and this liability shall ho exclusive that the provrs. of this Secttoo shall apply if loss or damage, of cause or t2 /91n1 rearilts directf ;r or indirectly to persons Or prope+Ty from purfonnance u, non- l)rirfrirrilance of the obligations imposed by this Agrcemerit, of frurn re n e arce, of HCi its agents, assigns orernpioyees if Suosrrrbcr wrshcs, Suhscr,ber may obraui from ACl a nigher bun/talon oflabrtrty by paying un adc.`rfir +na! parodic scnrrce charge to Dealer ar AC. if Subscriber elects 70 exrsrcise dins option a rrucr shall be attached to thrr Agreement setting forth the terms cood,bons and the amount of Pc higher bmited liability and the adrhticlJdi neriocbc clrurcJe Such rider and r ddrrronal cbligatroo shall in no way or rr1tetp1e,0J to hold ACI as an insures 12. THIRD PARTY IN€ EMNIFICATION: Who; S1bs rid r in the ordrnai y course has other persons on his Premises or the property of other u7 his custody or the alarm system extends to p,otect lira property of orders, Subscr,beragrees to and shall indemnify defend and hold harmlessAC/, it s employces and agents for and against all 01ain73 rsrougt,t by ironies other than the parties to this Agreement This um1507 slur` apply to 0tl cinuYis, demands, or lawsits +egardtess cif entree including ACt s performance Or failure to perform any of the obligations ,`7erei0, tC/ s r,er,r/rgr, cr3 forlure of the monrtorrng equipment orsoroce, vhcthei these clean be baser upon negligence express or itnplred warranty contribe, =Pon +'rc'en;nr5cations or strict or product riobrlriy on the part of fACl, its employee s or agents 13. SUBROGATION. So far as it is permitted by Subs,,nbrrr s properly insurance coverage, Subscriber hereby releases discharges and agrees to hold ACI harmless from any and all claims, liabilities, damages losses or expenses arising from or caused by any hazard covered by insurance ur or on the Subscriber's prr mise whether said claims are made by Subscriber his agents, or insurance company or other (parties 01 527 319 under or through Subscriber Subscribe agrees to indemnify ACI against, defend ai,d hold ACI harmless from any action for subrogation which mao be brought against ACI by any insurer or irsurance cornaany or its agents sr assu!ns including the payment of all damages, expenses costs and attorney s ices Subscriber shall notify his insurance carrier of Inc tears of this pro'rsicn 14. LIMITATION ON ACTIONS; WAIVER OF JURY TRIAL: Both parties hereby agree that 00 50/ or action that relates in anywry to this Agreement (whether based upon contract, negligence or othensr,Se) shall be brought against the other more than one (1) year after the accru<ai of the cause of action therefor I addi ion, both oarties hereby waive any ngints to a jury anal in any judicial action br:,ught by either party which relates in arryvvav to this Agreement twhether based upon contract, negligence ,ar othcrw,ise) 15. SUBSCRIBER IS NOT A THIRD PARTY BENEFICIARY: Subscriber acknowledges and agrees that he is not a third party Lenoficiory to the 7lasler Dealer Monitoring Agreement entered into between ACi and Dealc-:r 16. FALSE ALARMS: PERMIT FEES: In the event an eSCts number of false alarms are caused by Subscriber's andror Dealci s carelessness malicious action, acciciental use of the alarm system, or equipment malfunc- tion or in the event Sub scriber in any rnanrrer misuses of abuses the system, ACI may in its sole discretion deem same to be a matena/ brc. :cn of this Agreement and at its o Ation in addition to all other logo remedies 3v/7,/able to ACi, be excused from further performance upon the giving of live, (5) days written not oe to Subscriber and Dealer Subscriber agrees to pay any false alarm assessments, taxes, fees, or charges relating to the monitoring services provided pursuant to this Agreement 17. ENTIRE AGREEMENT. This writing is intended by the ponies no s final expression of their agreement and as a complete and exclusive stniement of the terms thereof THIS AGREEMENT CANNOT 3E AMENDED AL- TERED OR MODIFIED BYANYAGREEMENT ENTERED INTO BETriEC01 DEALER AND SUBSCRIBER ACI S DUTY AND OBLIGATION TO PRO- VIDE MONITORING SERVICE TO SUBSCRIBERARISE SCLF FROM THIS AGREEMENT This Agreement suporsedcs all poor representations understandings or agreements of the parties and that pat ties poly cniy upon, the contents of this Agreement in oxecuhng d T hi:. Rgeenai t can only be modified by a writing signed by the parties er their ❑oils° 2ruthorized ageri No waiver of a breacsr of any Term or cond,bon of this Agreement who!; be construed to be _i waivoi of any succeeding breach This parties agree that this Agreement is to be performed in and shall be governod by the'cws of the State of Vbashingtcn 18. INVALID PROVISIONS: In the e=vent any provision,, of this agreernetrt is declared to be invalid or inoperative, all the rema,nirp terries one pro.isions shall remain in full force and effect 19.ASSiGNMENT: This sigreemantshall be fully cssiv natr[e lay?CI only ,`;tom! shall prondeSubscriberwithfrfteen (15)do on"Icationof :Arnyraruh assignment to another alarm center Subscriber agrees bunt ifie jiro5rs,ons of this agreement shall bind the subscriber to any such assigner.; of PC! 20. VE7 UE: Venue in the case of any dispute under ihls arare( ;rent ttn.,ll be in Thurston County, Washington 21. ATTORNEY y FERS ANO COSTS: In the caseof Ony dispute hW °eundos which result in liligatiol or arbitration the pre'52iiir79 party sfiadl be 007/led to seasonable attorney's fees and enacts of suit