SafeGuard Medical Alert Systems and Monitoring Services Terms & Conditions
The following are the terms and conditions associated with all medical alert system products and services and all monitoring services provided by SafeGuard and its related entities:
- COMPANY NOT AN INSURER AND LIQUIDATED It is understood and agreed by the parties hereto that the Company is not an insurer. Insurance, if any, will be obtained by the Customer. Charges are based solely upon the value of the services provided for and are unrelated to the value of the Customer’s property or the property of others located in Customer’s premises. The amounts payable by the Customer are not sufficient to warrant Company assuming any risk of consequential or other damages to the Customer due to Company’s negligence or failure to perform, including, but not limited to, loss or damage which may be occasioned by or be caused by the improper working of any equipment or connecting circuit or by or because of the failure of an alarm to be received at the central station, or by or because of the failure to notify the police department pursuant to the instruction of or Agreement with the Customer, or by or because of any delay in dispatching an agent to the premises to investigate an alarm. The Customer does not desire this contract to provide for the liability of Company and Customer agrees that Company shall not be liable for loss or damage due directly or indirectly to any occurrence of consequences therefrom, which the service is designed to detect or avert. From the nature of the services to be performed, it is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from the failure on the part of Company to perform any of its obligations herein, or the failure of the system to properly operate with the resulting loss to the Customer. If Company should be found liable for loss or damage due to a failure on the part of Company or its system, in any respect, this liability shall be limited on an amount equal to the aggregate of six (6) monthly payments, or the sum of $250.00, whichever sum shall be less, as liquidated damages and not as a penalty, and this liability shall be exclusive. The provisions of this paragraph shall apply in the event of loss or damage, irrespective of cause or origin, results directly or indirectly to person or property from the performance or non-performance of the obligations set forth by the terms of this contract or from negligence, active or otherwise, of Company, its agents or employees. Any action by Customer against Company must be commenced within one year of the accrual of the cause of action or said action shall be barred. Customer shall never file a counterclaim against Company in any action filed against Customer by Company.
Privacy Act: Company acknowledges that all information is strictly confidential and will not be disclosed unless prior permission is given in writing.
- COMPANY’S REPRESENTATION. COMPANY REPRESENT THAT THE ALARM SYSTEM INSTALLED PURSUANT TO THE TERMS OF THIS AGREEMENT IS ONLY A DETERRENT AND COMPANY DOES NOT REPRESENT ORWARRANT THAT THE SYSTEM MAY NOT BE COMPROMISED OR ClRCUMVENTED: THAT THE SYSTEMWILL PREVENT NY LOSS BY BURGLARY, HOLD-UP, FIRE, OR OTHERWISE: OR THAT THE SYSTEM WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT IS INSTALLED OR INTENDED. CUSTOMER ACKNOWLEDGES THAT COMPANY IS NOT AN INSURER. THAT CUSTOMER ASSUMES ALL RISK FOR LOSS OR DAMAGE TO CUSTOMER’S PREMISES OR TO ITS CONTENTS. THAT COMPANY HAS MADE NO REPRESENTATIONS OR WARRANTIES, NOR HAS CUSTOMER RELIED ON ANY REPRESENTATION ORWARRANTIES, EXPRESS OR IMPLIED, EXCEPT AS SET FORTH HEREIN, AND CUSTOMER ACKNOWLEDGES THAT HE HAS READ AND UNDERSTANDS PARTICULARLY PARAGRAPHS 1 AND 10 OF THIS AGREEMENT WHICH SETS FORTH COMPANY’S OBLIGATION AND MAXIMUM LIABILITY IN THE EVENT OF ANY LOSS OR DAMAGE TO CUSTOMER. FURTHER, THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS OF PURPOSE, EITHER EXPRESS OR IMPLIED.
- REPAIR OF SYSTEM/OPPORTUNITY TO CURE. Customer agrees to notify Company of any failure to make required repair(s) to said system and confirm same in writing not later than seven (7) days within the occurrence of said Company shall have a reasonable time from receipt of said notice to make required repair(s) to said system. Customer shall be deemed to have waived any claim, defense, cause of action, or any right of non-performance for any failure on Customer’s part to provide any notice within the time limits and in the manner as required under this paragraph.
- CUSTOMER TO TEST The Customer agrees to carefully and properly set and test the burglar alarm system. In the event any defects shall arise with respect to the operation of the system, Customer shall notify the Company immediately and Company shall repair the defect as soon as possible.
- SIGNAL RECEIVING AND NOTIFICATION SERVICE. Upon receipt of an alarm signal from the premises of Customer, Company will attempt the following:
Upon receipt of a burglar alarm signal, and unless directed otherwise by Customer, Company will first attempt to notify Customer or their designated agent by phone and in the event Company is unable to notify Customer or their designated agent by phone, Company will then attempt to notify the headquarters of the local police authority by phone. Upon receipt of a fire alarm signal, Company will first attempt to notify Customer or their designated agent by phone and in the event Company is unable to notify Customer or their designated agent by phone, Company will then attempt to notify the headquarters of the local fire department by phone.
Upon receipt of a hold-up signal, and unless directed otherwise by Customer, Company will first attempt to notify Customer or their designated agent by phone and in the event Company is unable to notify Customer or their designated agent by phone, Company will then attempt to notify the headquarters of the local police authority by phone.
- ERRORS OF Any error or omission in construction or installation of the system, must be called to the attention of the Company in writing within thirty (30) days after completion of the installation. Upon the expiration of said thirty (30) day period, the installation shall be considered accepted by the Customer.
- COMPANY’S OBLIGATION. Customer acknowledges that Company’s obligation hereunder relates solely to the monitoring of the specified alarm system. Company is in no way obligated to insure the operation of the system or to maintain or service the Customer’s property or the property of other’s to which the Company’s system is connected.
- Customer does hereby for himself and any parties claiming under him, release and discharge Company from and against all hazards covered by Customer’s insurance, it being expressly understood and agreed that Customer shall hold harmless and indemnify Company against any claim for subrogation by customer’s insurance.
- DESTRUCTION OF COMPANY’S FACILITY. This Agreement may be suspended without notice at the option of Company in the event Company’s Central Station, connecting wires or other equipment are destroyed or are so substantially damaged that it is impractical to continue service, or in the event that Company is unable to secure or retain the connections or privileges necessary for the transmission of signals between Customer’s premises and the Company’s Central Station, or between the Central Station and the public police, medical and fire departments for any reason In the event of such suspension or termination, Company shall not be liable to Customer or subject to any penalty as a result of such termination.
- Customer agrees to and shall indemnify and save harmless the Company for and against all third party claims, lawsuits and losses alleged to be caused by Company’s performance, negligent performance or failure to perform its obligation under this Agreement.
- INVALID In the event any of the terms or provision of this Agreement shall be invalid or inoperative, all of the remaining terms and provisions shall remain in full force and effect.
- The charges set forth herein are based upon existing state and local taxes and utility charges, including, but not limited to telephone Company line Company shall have the right to increase the monthly charge to reflect any additional taxes, fees or charges, which may hereafter be imposed by any utility or governmental agency relating to the installation or service provided under the terms of this Agreement and Customer agrees to pay the same.
- WARRANTY: This system is covered by Safeguard Security Inc.’s standard warranty, which is one-year parts and labour. This warranty does not apply to the conditions listed below and in the event customer calls Company for service under the warranty and upon inspection by Company representative it is found that one of these conditions has led to the inoperability of the system, a charge will be made for the service call of Company representative whether or not they actually work on the system. Should it actually be necessary to make repairs to the system due to one of the conditions not covered by warranty, a charge will be made for such work at Company’s then applicable rates for labour and material. Conditions Not Covered by Warranty:
- Damage resulting from accidents, acts of God, alteration, misuse, tampering and abuse
- Failure of Customer to properly follow operating instructions provided by Company at time of installation.
- Trouble in leased telephone line and/or changes made by customer to phone line.
- Trouble due to interruption of commercial power
13(B). Repair and Parts Replacement Without Maintenance Service - After the warranty period and if a maintenance service contract has not been signed, Safeguard Security Inc. will, if requested, provide the Customer with repair and parts replacement for the equipment at Safeguard Security Inc.’s prevailing prices and terms at the time.
Replacement batteries for wireless devices are not covered under our Maintenance Service Program.
- Company shall have the right to assign this Agreement to any other person, company, corporation, association, or entity without notice to the customer.
- MODIFICATION(S). Company and Customer agree that there are no verbal understandings changing or modifying any of the terms of this Agreement.
- MAINTENANCE Service for the equipment supplied under this Agreement will be provided by Company if page 1 of this Agreement includes a charge for Maintenance Service. Service shall include the labor and parts required to repair equipment which has become defective through normal wear and tear and usage and excludes from coverage the “Conditions Not Covered by Warranty” listed above. It is understood and agreed that Company s obligation of repair relates solely to the specific protection system, and that Company is in no way obligated to maintain, repair, service, replace, operate or assure the operation of any device or devices of Customer or of others not installed by Company. If not contracted for before the expiration of the Warranty, Company will enter into a Maintenance Agreement only after inspecting the system and making any necessary repairs or replacements to the system at a charge to Customer for labor and/or parts at Company’s prevailing rates.
- SERVICE In the event Customer shall cause Company to make any service calls, which shall be caused by the inadvertence or negligence of Customer, then and in that event Customer agrees to pay Company’s prevailing rate for each such service call. In the event Customer shall cause an excessive number of service calls due to carelessness of Customer or the negligent or accidental use of the alarm system, or in the event Customer shall in any manner misuse or abuse the system it shall constitute a material breach of contract on the part of Customer and Company may, at its option, in addition to all other legal remedies, be excused from further performance upon the giving of ten (10) days notice to Customer in writing. Company’s excuse from performance will not affect Company’s right to recover damages from Customer as provided under this Agreement. In the event a fine, penalty or fee shall be assessed against Company by any governmental or municipal agency as a result of any alarm originating from the premises of Customer, Customer agrees to reimburse Company for payment of said false alarm fine, penalty or fee.
- FALSE ALARMS. Customer agrees Company is not responsible for payment as a result of any false alarms charge assessed against Customer, nor shall any false alarm irrespective of cause, excuse Customer from any performance under this Agreement.
- In the event of any default on the part of Customer, including but not limited to the failure to make any payment as agreed herein, 100% of the unexpired term of this Agreement as lost profit and not as a penalty shall become immediately due and payable at the option of Company. In addition, Customer agrees to pay to Company all sums to which Company may be entitled under the law by virtue of said default. Removal of the system or equipment as hereinabove set forth shall not be considered to constitute a breach by Company of this Agreement or waiver of Company to any such damages. If suit is instituted by Company for collection, Customer agrees to pay Company’s reasonable attorney fees and costs. If Company approves reinstatement of service(s) to Customer in lieu of other remedies provided herein, Customer must first pay Company’s current reinstatement fee, all past due amounts, all costs for installation/reinstallation of equipment, three (3) monthly payments in advance, and execute a new “Safeguard Security Inc. Agreement”. In the event of default, the signer agrees to be personally liable for any outstanding debt owed to the company.
- DAMAGE TO CUSTOMER’S In the event Customer’s premises are destroyed or damaged, or Customer moves or goes out of business, Customer shall not be relieved of its obligation(s) under the terms of this Agreement.
- THIRD-PARTY BENEFICIARIES. There are no third-party beneficiaries to this Agreement.
- SUIT AGAINST COMPANY. Any action or claim by Customer against Company must be commenced within one (1) year of the accrual of the cause of action/claim or said action/- claim shall be barred. Customer, however, agrees to never file a counterclaim against Company in any action filed against Customer by Company. Company shall have the right to increase or decrease the charges for protective services and maintenance of the system at any time or times after the expiration of one (1) year from the date such system is operative under this Agreement with the understanding that the increase will not exceed 10% per year. This Agreement shall renew itself after the original three (3) year term for a like term and for successive periods of like term upon the same terms and conditions unless either party hereto, by registered mail to the other at least sixty (60) days prior to expiration of the initial term or any succeeding term, gives notice of its intention not to renew this Agreement. Customer hereby agrees to pay all taxes which may be levied on the installation and service charges, to pay an additional fee of 1.5% per month on all charges that remain unpaid after thirty (30) days and, in addition to any other remedies provided by law or under this Agreement, to pay Company’s current charge for non-sufficient fund checks, stop payment checks, or checks issued pursuant to closed accounts.Customer hereby authorizes and empowers Company, its agents or assigns, to install the system in said premises and to make inspections, to test it, and to remove Company's equipment and devices if leased upon termination of this Agreement by lapse of time, default in payment or otherwise, but the removal of the equipment and devices aforesaid shall not be held to constitute a waiver of the rights of Company to collect any charges which have accrued under this Agreement. Customer shall furnish all necessary electrical currents and outlets at Customer’s expense.
- AUTHORIZED PERSONNEL. Customer shall furnish to Company a list of the names of any and all persons who shall have pass codes to enter the premises of Customer between the regularly schedules time for closing and opening the premises and who may be called upon for a key to enter the premises of the Customer during such periods. Customer shall immediately notify company, in writing, of any changes in said list.
- MATERIALS AND LABOUR. Customer agrees that it shall not be excused from performance under this Agreement as a result of Company’s shortage of parts or labour for any reason.
- Customer shall immediately notify company in writing of any changes made to this contract including emergency notification list, passwords, key-holders, users, customer information, alterations to the system, and changes to the phone service including phone service provider and VOIP.
- Subscriber understands that alarm signal transmission over digital phone or VOIP (Voice Over Internet Protocol) service is not 100% reliable and that SafeGuard Security Inc. does not guarantee signals will be received