Terms and Conditions
Signal Receiving and Notification will be outsourced by Advanced Compatible Solutions, Inc. and in the event that an alarm signal is received by the third party Central Station, the central station will endeavor to contact the appropriate police or fire department. After attempting to contact the proper authority, central station will attempt contact with premises.
It is mutually understood and agreed that the customer assumes full responsibility for the operation of any and all devices and the operation of any and all bypass or switch units provided for disconnecting the reconnecting the alarm sounding or transmitting equipment at customer’s premises.
Digital Communicator – If a digital communicator is being used to transfer signal, customer is responsible for any and all telephone charges necessary to do so. Customer accepts responsibility of providing a transmission line within 10 feet of the Control Panel used to transmit signal. Customer agrees to full responsibility of any up keep in keeping such connection active and in proper working order.
Excess Signals – Any excess signal charges that ACS receives from the monitoring station that are directly related to the customer’s system malfunctions and are out of ACS’s control, or the result of not correcting deficiencies in a timely manner will be billable to the customer at the rate specified by the monitoring station, plus ACS administrative costs.
Warranty – Advanced Compatible Solutions, Inc. is not providing any warranty of any nature on equipment installed on this premises unless otherwise noted on Contract.
Maintenance – Maintenance will only be provided within the terms set forth on the first page of this Agreement, if none are noted, it is mutually agreed that no maintenance will be provided. It is mutually agreed that any maintenance performed will be performed between Advanced Compatible Solutions Inc., normal working hours which are Monday-Friday 8:00 AM – 5:00 PM except holidays.
Inspections – Inspections will only be provided within the terms set forth on the first page of this Agreement, if none are noted, it is mutually agreed that no inspections will be provided. It is mutually agreed that any inspections performed may be performed between Advanced Compatible Solutions Inc., normal working hours which are Monday-Friday 8:00 AM – 5:00 PM except holidays.
We have the right to increase the annual service charge at any time after the first year. If you give us a written objection to the increase within thirty (30) days of your receipt of notice of the increase, and if we do not waive the increase, then you may terminate this Contract effective thirty (30) days after our receipt of your written notice of termination, in this situation, you will not have to pay the early termination charges.
It is mutually understood that Advanced Compatible Solutions, Inc is not an insurer, and you will obtain from an insurer any insurance you desire. The amount you pay us is based upon the services we perform and the limited liability we assume under this contract and is unrelated to the value of your property or the property of others located in your premises. In the event of any loss or injury to any person or property, you agree to look exclusively to your insurer to recover damages. You waive all subrogation and other rights of recovery against us that any insurer or other person may have as a result of paying any claim for loss or injury to any other person.
In the event any lawsuit or other claim is filed by any other party against us or our agents, employees, subsidiaries, affiliates or parent companies arising out of the services we perform or the systems we provide under this contract, you agree to be solely responsible for, and to indemnify and hold us completely harmless from, such lawsuit or other claim including your payment of all damages, expenses, costs and attorneys’ fees. These obligations will survive the expiration or earlier termination of this contract. These obligations will apply even if such lawsuit or other claim arises out of our negligence, gross negligence, failure to perform duties under this contract, strict liability, failure to comply with any applicable law, or other fault.
Advanced Compatible Solutions, Inc. holds the option to charge the customer for any false alarms or for any unnecessary service run. Customer agrees to pay all directly or indirectly imposed false alarm assessments, taxes, fees or other charges of any police or fire department, or any other governmental body. You agree to pay all telephone or signal transmission company charges for area code, telephone numbering or other charges. You agree to pay us to reprogram the system if necessary to comply with any area code, telephone numbering or other changes. You agree to pay to us any increases in our cost for facilities used for transmitting alarm signals under this Contract. You agree to pay a service charge if our representative responds to a service call or alarm at your premises because you improperly followed operating instructions, failed to properly lock or close a window, door or other protected point or improperly adjusted CCTV cameras, monitors or accessories. Upon the early termination or the expiration of this Contract, you agree that we have the right to offset against any amounts or credits that we might owe to you (a) service charges for thirty (30) days, if the required written termination notice set forth in above is not provided by you, (b) the contract termination charges set forth above, and (c) any other additional charges, amounts or deposits that you owe to us. If the amount of the offset equals or exceeds the amount that we owe to you or if we owe you a credit of five dollars ($5.00) or less, you agree that we will not be obligated to refund any amounts to you and you waive your right to receive this refund amount.
Cancellation – Advanced Compatible Solutions, Inc. reserves the right to cancel this and any agreement set forth incase of inability to transfer signals to or from Central Station. Advanced Compatible Solutions, Inc. reserves the right to cancel if the customer does not agree to follow Advanced Compatible Solutions, Inc. recommendations to repair or replace defective parts of the customer’s system.
Advanced Compatible Solutions, Inc. reserves the right to assign this agreement or subcontract any of its obligations under this agreement without any notice to the customer. You may not assign this Contract without our prior written consent.
Customer agrees that the termination of this Contract by the customer requires customer to pay for all services rendered prior to cancellation, and 90% of the service agreement charges remaining to be paid for the unexpired term for the agreement as liquidated damages. Customer agrees at the time of formation of this Agreement, damages from termination are difficult to calculate and not reasonably foreseeable and this stipulation is a reasonable estimate.
In the event that Advanced Compatible Solutions, Inc. must take steps to collect moneys owed by the customer, the customer is responsible for all payments and collection expenses, including, but not limited to attorneys’ fees incurred by Advanced Compatible Solutions, Inc. in the event of customer’s non-payment.
It will be extremely difficult to determine the actual damages that may result from our failure to perform our duties under this contract. You agree that we and our agents, employees, subsidiaries, affiliates and parent companies are exempt from liability for any loss, damage, injury or other consequence arising directly or indirectly from the services (including internet/website services) we perform or the systems we provide under this contract. If it is determined that we or any of our agents, employees, subsidiaries, affiliates or parent companies are directly or indirectly responsible for any such loss, damage, injury or other consequence, you agree that damages shall be limited to the greater of $500 or 10% of the annual service charge you pay under this contract. These agreed upon damages are not a penalty. They are your sole remedy no matter how the loss, damage, injury or other consequence is caused, even if caused by our negligence, gross negligence, failure to perform duties under this contract, strict liability, failure to comply with any applicable law, or other fault. At your request, we may assume additional liability by attaching an amendment to this contract stating the extent of our additional liability and the additional cost to you. We are not liable to you or any other person for any incidental or consequential damages. You agree that we are not an insurer even if we enter into any such an amendment.
If you purchased our services or systems through another business or person, or from us through a referral from another business or person, you agree that such other business or person acts solely as an independent contractor, such business or person shall have no responsibility or liability to you for the performance or nonperformance of the system or services we provide under this contract. Without limiting the above, you agree that the liability of such other business or person is, in any event, limited in accordance with the provisions of this contract. You agree that such business or person and its agents, employees, subsidiaries, affiliates and parent companies may invoke all of our rights under these paragraphs.
You agree to file any lawsuit or other action you may have against us or our agents, employees, subsidiaries, affiliates or parent companies within one (1) year from the date of the event that resulted in the loss, injury, damage or liability or the shortest duration permitted under applicable law if such period is greater than one (1) year.
We have no responsibility or liability to you or any other person for delays in the installation or repair of the system or the performance of our services, regardless of the reason, or for any resulting consequences. We have no responsibility or liability for interruptions of service, or any resulting consequences, whether due to strike, riot, flood, fire, terrorism, act of God, or any other cause beyond our control. During any such service interruption, we have no obligation to supply you with substitute services.
You agree that we may scan, image or otherwise convert this Contract into an electronic format of any nature. You also agree that a copy of this Contract produced from such electronic format is legally equivalent to the original for any and all purposes, including litigation. Likewise, you agree that our receipt by fax of the Contract signed by you legally binds you and such fax copy is legally equivalent to the original for any and all purposes, including litigation.
This Contract constitutes our entire agreement. By signing it you admit that you are not relying on our advice or advertisements, you agree that you and we are not bound by any representations, promise, condition, inducement or warranty, express or implied, that is not included in writing in this Contract. The terms and conditions of this contract apply as printed without alteration or qualification, unless a change is approved in writing by our authorized representative. The terms and conditions of this Contract shall govern even if you submitted a purchase order or other document with inconsistent or additional terms and conditions. If a Court determines that any provision of this agreement is invalid or unenforceable, that provision shall be deemed amended and enforced to the maximum extent permitted by state law, however, each and every other provision of this agreement shall continue to be valid and enforceable.