MONITORING AGREEMENT

RAM FIRE AND SECURITY SERVICES, LLC                                                         

 

2043 CLUB CROSSING

NEW BRAUNFELS, TX 78130

1-888-326-0604

 

STATE LICENSE NO B09410201

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MONITORING AGREEMENT

THIS AGREEMENT DATED _________________, 20___ IS BETWEEN RAM FIRE AND SECURITY SERVICES, LLC (“COMPANY”) AND:

 

·         NAME          ________________________________  (“CUSTOMER”)

 

·         ADDRESS    ________________________________

 

·         CITY            ________________________________

 

·         STATE         ________________________________

 

·         ZIPCODE     ________________________________

 

 

MONITORING SERVICES PROVIDED

Indicated by “y” or “n” in applicable space

 

·         (Y/N)  BURGLARY

·         (Y/N)  FIRE ALARM

·         (Y/N)  HOLDUP/PANIC SILENT/AUDIBLE

·         (Y/N)  DURESS SILENT

·         (Y/N)  OPEN/CLOSE SUPERVISED/UNSUPERVISED

·         (Y/N)  REPORT

·         (Y/N)  LONG-RANGE RADIO

·         (Y/N)  CELLULAR TRANSMISSION

·         (Y/N)  INTERNET (TCP/IP OR OTHER)

·         (Y/N)  VIDEO SURVEILLANCE

·         (Y/N)  OTHER _____________________________

 

 

 

 

 

 

BILLING PERIOD

 

·         MONTHLY (   )

·         QUARTERLY (   )

·         ANNUALLY (   )

·         OTHER _____________________

 

 

MONITORING OF SECURITY SYSTEM.

 

For a monitoring charge of $_______________ per billing period, payable in advance on the first day of each billing period with applicable sales tax, Company agrees without warranty to make a commercially reasonable effort to connect Customer to 24hour remote monitoring of the security equipment by Company or its monitoring subcontractor for the term of this Agreement. Monitoring charges for any partial billing period will be prorated. The monitoring charge is in addition to any fees, equipment charges, lease charges, and service charges owed. Additional services including, without limitation, inspections required by law, follow-up training sessions, and other services requiring additional fees. Customer will be so advised before those fees are incurred.

 

         

Initial: _______          Company has explained to Customer the limitations of monitoring, utilizing only standard telephone lines, long range radio, cellular lines or internet TCP/IP and VoIP, and that the Central Monitoring Station will not be alerted to a failure of such communication without additional equipment and services.  Given such disclosure, the selection of the services selected above represents a conscious choice of level of monitoring security desired. Further subscriber, for him, her, itself, as authorized agent for each person on the call list, consents to dealer calling each such person’s cell phone or other mobile device.

 

Initial:   _______          Customer acknowledges that Company has explained that future or prospective change(s) to telephone or internet TCP/IP or VoIP service may adversely affect the alarm systems’ ability to communicate with the central monitoring station. Customer agrees to immediately notify company of any changes in phone service and that ultimately, it is the Customer, not the Company, who is solely responsible for communication over telephone, cable, cellular, long range, internet TCP/IP, VoIP, or other communication services over which Company has no control.

Customer has provided a Customer Emergency Information Schedule. It and the Terms and Monitoring procedures are attached as Exhibit(s) __________________________ and made a part of this agreement.

LIMITATION OF LIABILITY.

Customer understands that alarm monitoring is available from other companies, and agrees that Company and Customer do not have a disparity of bargaining power. Company would not offer its Monitoring Services at the price agreed to without the limitation of liability of this paragraph. Company assumes no liability or responsibility for interruptions in monitoring, including, without limitation, interruptions caused by failure of Customer’s telephone equipment and/or other communication transmission services or failure of monitoring caused directly or indirectly by changes or modifications made to such communication services without notifying and obtaining approval of Company based, in part, upon compatibility of such services with existing alarm equipment or interruption or failure of monitoring caused by the functioning of, or identity of telephone numbers that Company is authorized to call.  Company does not promise or guarantee that the police or fire departments or any private alarm response services or others notified by Company or its monitoring subcontractor will respond to security monitoring calls, now or in the future. Company makes no representations or warranties regarding the Monitoring Services or the Detection Systems installed. Company disclaims all implied warranties, including any warranty of merchantability or fitness for a particular purposeCompany cannot assure that the Monitoring Services provided will avert or prevent occurrences, or the consequences of them that remote Monitoring is purchased to detect, or that the Monitoring is in all respects fail safe, cannot be comprised or circumvented, or that in all cases the Monitoring Services or Detection Systems will prevent any loss by burglary, hold-up, fire or otherwise, or that the Monitoring Services or Detention System will in all cases provide the protection for which it is installed or intended.  Customer understands that Company is not an insurer, and that (i) insurance, if desired, must be obtained by Customer, and (ii) that the charges payable to Company under this Agreement are based solely on the cost of monitoring service, and are not based on the value of Customer’s premises or property, or the property of others located at the premises.  Customer agrees that the maximum liability of Company, an assignee, or any monitoring subcontractor, with respect to the services to be provided, or in the event of the sole, joint, or concurrent negligence of Company, an assignee, or any monitoring subcontractor, or any of their agents and employees, or anyone acting on their behalf or due to any other liability otherwise arising (however arising), including claims for personal injury, property damage or economic loss is $2500.00. Customer further understands that the dealer is the agent of the subscriber for the purpose of providing direction to the monitoring facility. The Agreement inures to the benefit of and is applicable to any subcontractor engaged by Dealer to provide any service set forth in the Agreement and that those terms and conditions are binding on the Subscriber as to each subcontractor.

LIQUIDATED DAMAGES.

Customer acknowledges that it is impracticable and extremely difficult to fix the actual damages, if any, which may proximately result from incorrect installation or a failure of the Monitoring Services or the Detection System.  If the limitation of liability contained in Paragraph 2 may not be enforced for any reason, Company, an assignee, or any monitoring subcontractor, may be liable for $500.00 as liquidated damages as Customer’s sole remedy for breach of this Agreement, or with respect to the services to be provided, or in the event of sole, joint or concurrent negligence of Company, an assignee, or any monitoring subcontractor, or any of Company’s agents and employees, or anyone acting on Company’s behalf or due to any other liability otherwise arising (however arising), including claims for personal injury, property damage or economic loss.

TERM AND TERMINATION.

The initial term of this Agreement begins on the date this agreement is executed and ends ( ) ________ Months ( ) _______ Year(s) thereafter (the “term”).  The term automatically renews for additional periods of one (1) year until such time as the term is terminated by either party upon any of the following:  (a) Customer’s written notice to Company of Customer’s intention to terminate this Agreement given at least thirty (30) days prior to the expiration date of the term in effect; (b) the failure by Customer to make timely payment of the charges provided for in Paragraphs 1 and 5 of this Agreement; (c) the insolvency or adjudication of bankruptcy of Company, or the assignment for the benefit of creditors or reorganization or liquidation proceedings filed by or against Company; or (d) Company’s 30 day written notice to Customer of Company’s intention to terminate the term for any reason.  Company may terminate monitoring services to Customer upon 10 days’ written notice upon the occurrence of the following:  (i) Customer uses or attempts to use alarm system for other than its intended use, or (ii) Subscriber engages in abusive conduct with employees of Company or its monitoring subcontractor. This Agreement inures to the benefit of and is applicable to any subcontractor engaged by dealer to provide any service set forth in the Agreement and those terms and conditions are binding on subscriber as to each subcontractor.

The first of such renewal terms commences upon the date of the expiration of the original term.

If this Agreement is terminated under the provisions of sections (a) or (b) of this Section 4, there will be a charge of $_____________ to reinstate service to Customer.  Company after the initial term period of this Agreement and at least Sixty (60) days prior to the commencement of any subsequent renewal term may give written notice of intent to adjust the Monitoring Charge applicable to subsequent renewal terms.  Such adjusted Monitoring Charge specified in notice by Company becomes due on the first day of the billing period for any subsequent renewal term following such notice and every subsequent period, including additional subsequent renewal terms unless Customer, after receipt of such notice but prior to the first day of the term following such notice, provides Company with written notice of intention to terminate the term. In the event that the one year automatic renewal term is held unenforceable or invalid for any reason, the term becomes month to month.  The provisions of Paragraphs 2, 3, 5, 6, 7, 10-14 and 16 survive the expiration of the term.

INTEREST.

All past-due accounts owed to Company by Customer bear interest at the rate of eighteen percent (18%) per annum.

LATE FEE.

If Company does not receive Customer’s monitoring charge payment by the ___ day of the billing period a late fee of $_________ will be assessed.

RETURNED CHECK FEE.

Customer must pay Company $___________ on each occasion that Customer’s payment check is returned by the bank for “insufficient funds” or any other reason.

SIGNAL RESPONSE.

Company, or its monitoring subcontractor, upon receipt of an alarm signal from the premises of Customer, will without warranty make commercially reasonable efforts to notify only those persons, entities and police, private security response, and fire agencies on the Customer Emergency Information Schedule and Terms and Monitoring Procedures attached as Exhibit(s) ______.In the event that Customer opts to deviate from standard procedures and uses alternate alarm response procedures, then Customer agrees to hold Company harmless from all liability and costs caused by such instructions and to pay any expenses of Company caused in whole or in part by such instructions, including, but not limited to, attorneys’ fees, court costs and other damages. Customer acknowledges that those persons, entities, and/or private alarm response entities or others which Customer originally designated on the Customer Emergency Information Schedule and the telephone numbers of the same may not be correct or appropriate indefinitely. Customer is responsible for Company in writing when changes in the identity of or telephone numbers of the appropriate persons or entities to be notified in the event of respective emergencies are necessary. Company will comply with laws and regulations of the authority having jurisdiction, including, without limitation, attempts to verify alarm signals before dispatching.  Subscriber for him/her/itself and as the authorized agent of each person on the call list, consent to Dealer calling each such person’s cell phone or other mobile device.

In the event that a Customer Emergency Information Schedule exhibit is not made a part of this Agreement, or if Company or monitoring subcontractor is unable to notify the appropriate police, private security response, medical emergency service, or fire agencies designated by the Customer, Company or its monitoring subcontractor may in its sole discretion notify a private alarm response service of its choice. Customer agrees to pay for any fees and expenses resulting from calls to a private alarm response service. Customer also agrees to hold Company harmless from all liability caused by calls to a private alarm response service. Company may use its sound discretion in recording and use of communications made and received in the course of providing monitoring service, including disclosure of the content of such communications to law enforcement agencies. Customer is solely responsible for payment of fees for licenses, permits, and false alarm charges.

CONNECTIONS.

Unless otherwise specified in the “Monitoring Services Provided” box above, Customer will be connected by signal circuits using existing telephone lines, cellular telephone circuits or internet TCP/IP or VoIP to a Central Monitoring Station.  Conditions and availability of telephone lines, cellular telephone circuits or internet connections, if applicable, are wholly beyond the control and jurisdiction of Company because they are maintained and serviced by the applicable utilities or service providers, not by Company, and Company disclaims responsibility for the condition of such transmission lines, circuits, antennas, satellites and equipment, and any disruption of service, including without limitation disruptions due to computer viruses or other causes, even if resulting from the sole, joint or concurrent negligence of Company.  If Detection System is to be connected to a Central Monitoring Station by radio or cellular service, Customer acknowledges that radio or cellular transmission can be adversely affected by atmospheric conditions and the condition of the transmitter and antennas for which Company disclaims responsibility.  No refund or credit will be made for periods where communications systems are not functioning.  Customer has the sole responsibility to weekly test and regularly service Customer’s alarm system.  Customer has the sole responsibility to obtain any required permits.  Customer acknowledges that certain police authorities have indicated that they will not respond to the report of an alarm at (i) a location which is unpermitted or at which location the alarm permit for the location has expired, or (ii) a location which has experienced excessive prior false alarms.  Company will not be liable for consequential damages, including without limitation those resulting from delays or failure to received signals or dispatch caused by acts of God, government, labor difficulties, failure of transportation, substantial destruction or substantial damage of Company’s or subcontractor’s facilities, and any or all other causes, whether or not such causes are beyond the control of Company. Subscriber consents to the recording and use of the telephone and electronic communication.

NO SUBROGATION.

If Customer desires that Company assume a greater liability or responsibility than as described in this Agreement to either Customer or Customer’s insurance carrier by way of subrogation, then an additional price must be quoted and paid.  Customer for itself and its insurance carrier, and all parties claiming under Customer, release and discharge Company from and against all hazards covered by Customer’s or property owners’ insurance, it being expressly understood and agreed that no insurance company or insurer will have any right of subrogation against Company.  In the event any person files a claim against Company for any reason whatever, included, but not limited to, the installation, maintenance, operation, non-operation or monitoring of the alarm system(s) Customer agrees to indemnify, defend and hold Company harmless from any and all claims including, but not limited to, the damages, expenses, costs and attorney’s fees.

INDEMNITY.  

Customer agrees to indemnify, defend, and hold harmless Company, its successors and assigns, and its agents and employees from and against any and all persons or entities including Customer’s insurance carrier for all claims, loss, damage, suit or liability involving damage to or destruction of property, personal injury to or death of any person or persons, or economic loss arising from the installation, use, service, operation, failure to operate, malfunction or the presence or use of such monitoring of the alarm system whether or not such loss, injury or death is occasioned by the sole, joint or concurrent negligence of Company or its subcontractor.  This indemnity extends to whatever claim may be asserted, whether by statute, constitution or common law, including but not limited to Deceptive Trade Practices Act, breach of contract, negligent misrepresentation, negligence, gross negligence warranty, fraud or products liability.

 

LIMITATION OF ACTIONS.

Any claim or cause of action which may arise in favor of Customer against Company under this agreement or otherwise, must be asserted by Customer not later than the sooner of (i) the applicable limitations period or (ii) two years and one day after the date such claim or cause of action accrues.

VALIDITY.

If any provision of this Agreement is in conflict with any statute or rule of law, or any state or territory where it may be sought to be enforced, then such provisions will be deemed null and void to the extent that they may conflict with such a statute or rule of law, and severed from this Agreement. The remaining provisions and conditions will remain fully enforceable according to their terms.

Customer and Company acknowledge that all of the provisions of this Agreement were negotiated jointly by Customer and Company, and in the event that it is later determined by a court that this Agreement is ambiguous, Customer acknowledges that the rule of law construing ambiguities against the party drafting the Agreement is inapplicable.

If one or more of the provisions to this Agreement, for any reason, is held to be invalid, the Agreement must be construed as if such invalid or unenforceable provision had never been contained herein.

ACKNOWLEDGMENT.

Customer acknowledges that Customer has received and read this Agreement, along with the attached Customer Emergency Information Schedule and Terms and Monitoring Procedures, and Notice of Alarm Permit Required, if applicable, and understands this Agreement and all attachments, and agrees to be bound by such terms.  Customer further agrees that both this page and Exhibit(s) _______________, attached hereto and made a part hereof, contain the entire agreement between the parties, and no modifications may be given effect unless they are in writing and signed by all parties.  Catalogs or pamphlets supplied by manufacturer(s) or Company are for information only and do not modify these provisions.  All previous and contemporaneous agreements, representations, warranties, promises, and conditions relating to the subject matter of this Agreement are superseded by this Agreement.

ASSIGNMENT.

Company may assign or subcontract the duty to perform under this Agreement to a licensed contractor or other licensed entity.  Company and its subcontractors are not partners or joint ventures, but are independent contractors to each other.  Company may also assign the right to receive payments under this Agreement.  Customer may not assign the right to receive the services provided under this Agreement unless consented to by Company.

ARBITRATION.

All claims, disputes, controversies, or other matters arising out of, or related to this Agreement, or any party’s performance or non-performance under this Agreement, must be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The award rendered by the arbitrator is final, and judgment may be entered upon it in accordance with the applicable law in any court having jurisdiction. The arbitrators may award only actual damages and have no authority to award punitive damages, except to the extent that applicable law prohibits waiver of such damages.  Each party hereto agrees to keep all disputes and arbitration proceedings strictly confidential, except for disclosures required by applicable law.

 

 

ENTIRE AGREEMENT.

This agreement and the Exhibits referenced herein and attached hereto contain the entire agreement relating to monitoring and supersede all prior agreements, whether oral and written and language, if any, to the contrary on any writing, form, estimate, purchase order or other such document.

Do not sign unless you have read the entire agreement and understand all of its terms.

You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction.  see the attached notice of cancellation form for an explanation of this right.

CUSTOMER(s)

 

Signed:            ______________________________            __________________________________________

 

Print: ________________________________           __________________________________________

 

AUTHORIZED REPRESENTATIVE – RAM FIRE AND SECURITY SERVICES, LLC

 

Print: ________________________________           __________________________________________

 

Signed:            ______________________________            __________________________________________

 

Print: ________________________________           __________________________________________

 

 

License: B-09410201

 

Direct Complaints to:

 

Texas Department of Public Safety Regulatory Services Division

P.O. Box 4087, Austin, TX 78773

Telephone 512-424-7710  –  http://www.dps.texas.gov/rsd/psb/

 

 

Notice of Cancellation

 

Date of Transaction:  _______________, 20___

You may cancel this transaction, without any penalty or obligation, within three business days from the above date.

If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within 10 business days following receipt by the merchant of your cancellation notice, and any security interest arising out of the transaction will be cancelled.

If you cancel, you must make available to the merchant 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 the instructions of the merchant regarding the return shipment of the goods at the merchant’s expense and Risk.

 

If you do not agree to return the goods to the merchant or if the merchant does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation.

To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice to RAM FIRE AND SECURITY SERVICES, LLC, at ____________________________ (city) ________________ (state) ________ (zip) __________ not later than midnight of _________________, 20_____.

Date: _______________, 20_____.

 

 

I hereby cancel this transaction.     Buyer’s signature:

 

 

 

 

DUPLICATE COPY OF NOTICE OF CANCELLATION

                                                           Notice of Cancellation

Date of Transaction:  _______________, 20___

You may cancel this transaction, without any penalty or obligation, within three business days from the above date.

If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within 10 business days following receipt by the merchant of your cancellation notice, and any security interest arising out of the transaction will be cancelled.

If you cancel, you must make available to the merchant 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 the instructions of the merchant regarding the return shipment of the goods at the merchant’s expense and Risk.

 

If you do not agree to return the goods to the merchant or if the merchant does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation.

To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice to RAM FIRE AND SECURITY SERVICES, LLC, at ____________________________ (city) ________________ (state) ________ (zip) __________ not later than midnight of _________________, 20_____.

Date: _______________, 20_____.

 

 

I hereby cancel this transaction.     Buyer’s signature: