TERMS AND CONDITIONS

LOW VOLTAGE SERVICE AND INSTALLATION IN HOUSTON, AUSTIN AND SAN ANTONIO, TX.


RAM FIRE AND SECURITY SERVICES, LLC

20526 RUSTIC RAIL CT

CYPRESS, TX 77433


2043 CLUB CROSSING

NEW BRAUNFELS, TX 78130


STATE OF TEXAS ALARM LICENSE – B09410201

ALARM MONITORING AGREEMENT (TERMS AND CONDITIONS)

 

1. COMMUNICATION AND CONNECTIVITY

CLIENT WILL FURNISH AT ITS EXPENSE THE APPROPRIATE FORM(S) OF COMMUNICATION(S) METHOD FOR THE MONITORED EQUIPMENT ALSO INCLUDING ELECTRICITY AND CONNECTIVITY EQUIPMENT (RJ-31X, ROUTER, STATIC IP, MODEM…ETC.). TO BE MONITORED BY THE CENTRAL MONITORING STATION, ONE OF THE APPROPRIATE COMMUNICATION PATHS NEED TO BE IN PLACE; (A) PLAIN ORDINARY TELEPHONE SERVICE (“PSTN”), (B) CELLULAR SERVICE INCLUDING GLOBAL PACKET RADIO SERVICE (“GPRS”) AND GLOBAL SYSTEM FOR MOBILE COMMUNICATIONS (“GSM/CDMA/LTE”), (C) OR INTERNET (WIFI/ BROADBAND”), (D) DIGITAL VOICE OVER INTERNET PROTOCOL (“VOIP”). CLIENT’S EQUIPMENT TYPE AND CHOSEN ALARM MONITORING SERVICE DETERMINES THE APPROPRIATE COMMUNICATION PATH.

2.  WARRANTY

RAM FIRE AND SECURITY SERVICES WILL PROVIDE WARRANTY FOR ONE YEAR UPON COMPLETION OF SERVICE OR INSTALLATION.  EQUIPMENT PURCHASED THROUGH RAM FIRE AND SECURITY OR ONE OF IT’S EQUIPMENT PROVIDERS WILL BE COVERED UNDER ORIGINAL WARRANTY FROM THE MANUFACTURER.  ANY MALFUNCTION IN EQUIPMENT DUE  TO MANUFACTURER DEFECT OR INSTALLATION ERROR WILL BE HONORED FROM THE START DATE OF AGREEMENT.   RAM FIRE AND SECURITY SERVICES WILL ATTEMPT TO REPAIR OR RESOLVE ANY PRODUCT MALFUNCTION AND IF REQUIRED WILL PROVIDE A NEW REPLACEMENT.  PRODUCTS OR EQUIPMENT PURCHASED BY THE CLIENT THROUGH A THIRD-PARTY WILL NOT BE COVERED FOR MALFUNCTION OR DEFECT AND CLIENT WILL BE RESPONSIBLE FOR RESOLVING ANY WARRANTY ISSUES WITH THE MANUFACTURER OR PROVIDER OF THIRD-PARTY EQUIPMENT.

  1. DO-IT-YOURSELF:  CLIENT WHO CHOOSES TO INSTALL EQUIPMENT ON THEIR OWN (DIY) WILL BE COVERED FOR MANUFACTURER DEFECTS UNDER ORIGINAL WARRANTY FROM THE START OF THIS AGREEMENT.  NO WARRANTY WILL BE PROVIDED FOR DAMAGES TO EQUIPMENT DUE TO INSTALLATION ERRORS OR IMPROPER USE.  RAM FIRE AND SECURITY SERVICES, AT IT’S DISCRETION MAY CHOOSE TO INSPECT THE PRODUCT FOR FAILURE CAUSED BY IMPROPER INSTALLATION ON ANY DIY ACCOUNT BEFORE PROVIDING A REPLACEMENT.

2. BILLING

CLIENT AGREES THAT MONITORING CHARGES WILL COMMENCE ACCORDING TO THE ACTIVE MONITORING DATE OR THIRTY (30) DAYS AFTER PLACING YOUR ORDER WHICHEVER IS THE LESSER. THE ACTIVE MONITORING DATE IS THE DATE CLIENT’S SYSTEM WAS TESTED AND PROGRAMMED TO SUCCESSFULLY COMMUNICATE WITH THE CENTRAL MONITORING STATION. CLIENT AUTHORIZES RAM FIRE AND SECURITY SERVICES TO BILL IN ADVANCE ANY CHARGES INCLUDING; APPLICABLE TAXES, FINES, FEES, LIQUIDATED DAMAGES AS DEFINED IN PARAGRAPH 17, THIRD PARTY VENDOR EXPENSES AND/OR RATE INCREASES DUE IN ACCORDANCE WITH THE TYPE AND TERM OF THE MONITORING PAYMENT CYCLE CLIENT SELECTED. CLIENT MAY PAY IN ADVANCE FOR RAM FIRE AND SECURITY SERVICES MONITORING SERVICES.

  1. CUSTOMER AGREES TO AUTO-DRAFT PAYMENTS EVERY THIRTY (30) DAYS FROM ACTIVE MONITORING DATE USING RAM FIRE AND SECURITY SERVICES SECURE ONLINE PAYMENT METHODS.
  2. IN THE EVENT NEW CLIENT SELECTS TO PAY IN FULL FOR ONE (1), THREE (3) OR FIVE (5) YEARS OF RAM FIRE AND SECURITY SERVICES MONITORING SERVICES, RAM FIRE AND SECURITY SERVICES WILL PROVIDE CLIENT WITH ONE (1), THREE (3) OR SIX (6) MONTHS OF RAM FIRE AND SECURITY SERVICES MONITORING SERVICES AT THE CONCLUSION OF THE TERM.
  3. RAM FIRE AND SECURITY SERVICES USES THIRD PARTY APPLICATIONS TO ACCEPT FORMS OF PAYMENTS.  RAM FIRE AND SECURITY SERVICES DOES NOT HAVE ACCESS TO CREDIT CARD INFORMATION.

3.  LATE CHARGES AND REMEDIES:

IN THE EVENT CLIENT SHALL BE DELINQUENT IN THE PAYMENT OF MONIES DUE, CLIENT AGREES TO PAY INTEREST AT A CHARGE OF ONE AND A HALF (1.5%) PERCENT PER MONTH WITH A MAXIMUM OF EIGHTEEN (18%) PERCENT PER YEAR FROM THE DATE OF DELINQUENCY AND RAM FIRE AND SECURITY SERVICES RESERVES THE RIGHT TO REFUSE REPAIR OR MONITORING SERVICE WITHOUT LIABILITY UNTIL THE PAST DUE MONIES HAVE BEEN PAID IN FULL. CLIENT AGREES TO PAY A $40.00 ADMINISTRATIVE FEE FOR ANY CHECK OR CREDIT CARD TRANSACTION THAT IS RETURNED TO RAM FIRE AND SECURITY SERVICES UNPAID FOR ANY REASON, ALL COLLECTION COSTS, INCLUDING WITHOUT LIMITATION, PREJUDGMENT INTEREST AND REASONABLE ATTORNEYS FEES.

IF SUBSCRIBER FAILS TO MAKE ANY PAYMENT, OR PAY ANY CHARGE REFERRED TO IN THIS AGREEMENT WITHIN THIRTY (30) BUSINESS DAYS AFTER DUE AND PAYABLE, OR IF SUBSCRIBER FAILS TO FULFILL ANY OBLIGATION, OR BREACHES ANY OTHER PROVISION HEREOF AND SUBSCRIBER FAILS TO CURE SOME, WITHIN TEN (10) BUSINESS DAYS AFTER NOTIFICATION OF LATE PAYMENT RAM FIRE AND SECURITY SERVICES  SHALL HAVE THE RIGHT BUT NOT BE OBLIGATED, TO EXERCISE ANY ONE OR MORE OF THE FOLLOWING REMEDIES:

  1.  (1) TO CONTINUE TO PROVIDE MONITORING SERVICES AND ACCELERATE PAYMENTS DUE TO SUBSCRIBERS FOR MONITORING AND DECLARE THE ENTIRE BALANCE DUE UNDER THE AGREEMENT TO BE IMMEDIATELY DUE AND PAYABLE IN FULL, AND TO TAKE ALL ACTIONS AND INSTITUTE SUCH SUITS AS MAY BE REQUIRED TO COLLECT ALL AMOUNT DUE.
  2. (2) DISCONTINUE ALL WARRANTY, MAINTENANCE AND REPAIRS, ACCELERATE PAYMENT ATTRIBUTE TO WARRANTY AND/OR PREVENTIVE MAINTENANCE AND THE SUBSCRIBER SHALL BE OBLIGATED TO IMMEDIATELY PAY EIGHTY- PERCENT (80%) OF THE REMAINING PAYMENTS DUE FOR MONITORING SERVICES FOR THE TERM OF AGREEMENT
  3. DISCONTINUE MONITORING SERVICES AND WARRANTY WORK PROVIDED FOR IN THIS AGREEMENT AND ACCELERATE THE PAYMENTS FOR THE REMAINDER OF THE TERM OF THIS AGREEMENT FOR MONITORING, AND THE SUBSCRIBER SHALL BE OBLIGATED TO IMMEDIATELY PAY EIGHTY PERCENT (80%) OF THE REMAINING PAYMENTS DUE FOR MONITORING SERVICES AND WARRANTY WORK FOR THE TERM OF THIS AGREEMENT

3. INSURANCE

RAM FIRE AND SECURITY SERVICES AGREES TO PERFORM THE SERVICES DESCRIBED HEREIN, WITHOUT LIABILITY AND NOT AS AN INSURER. RAM FIRE AND SECURITY SERVICES ENCOURAGES CLIENT TO CARRY ADEQUATE INSURANCE TO SAFEGUARD THEIR VALUABLES. ADEQUATE INSURANCE WOULD COMPENSATE CLIENT’S LOSSES INCLUDING BUT NOT LIMITED TO LOSSES DUE TO BURGLARY, HOLD UP AND FIRE IN CASE OF TRANSMISSION PROBLEMS DUE TO SEVERANCE OF COMMUNICATION PATH, WHICH MAY AFFECT THE SYSTEM AND THE TRANSMISSION OF SIGNALS TO THE CENTRAL MONITORING STATION. ALARM SYSTEMS ARE NOT FOOLPROOF AND THEY DO NOT REPLACE INSURANCE.  

  1. SELLER NOT AN INSURER AND LIQUIDATED DAMAGES – IT IS UNDERSTOOD AND AGREED THAT RAM FIRE AND SECURITY SERVICES IS NOT AN INSURER, THAT INSURANCE, IF ANY, SHALL BE OBTAINED BY CLIENT, THAT THE PAYMENTS PROVIDED FOR HEREIN ARE BASED SOLELY ON THE VALUE OF THE SERVICE AS SET FORTH HEREIN AND ARE UNRELATED TO THE VALUE OF THE SUBSCRIBER’S PROPERTY, OR THE PROPERTY OF OTHERS LOCATED ON THE CLIENT’S PREMISES; THAT RAM FIRE AND SECURITY MAKES NO GUARANTEE OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY  THAT THE EQUIPMENT OR SERVICES SUPPLIED WILL AVERT OR PREVENT OCCURRENCES OR THE CONSEQUENCES THEREFROM WHICH THE SYSTEM OR SERVICE IS DESIGNED TO DETECT OR AVERT. 
  2. CLIENT ACKNOWLEDGES THAT IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX THE ACTUAL DAMAGES IF ANY, WHICH MAY PROXIMATELY RESULT FROM FAILURE TO PERFORM ANY OF THE OBLIGATIONS HEREIN, OR THE FAILURE OF THE SYSTEM TO PROPERLY OPERATE WITH RESULTING LOSS TO SUBSCRIBER BECAUSE OF, AMONG OTHER THINGS: A) THE UNCERTAIN AMOUNT OF VALUE OF SUBSCRIBER’S PROPERTY OR THE PROPERTY OF OTHERS KEPT ON THE PREMISES WHICH MAY BE LOST, STOLEN, DESTROYED, DAMAGED OR OTHERWISE AFFECTED BY OCCURRENCES WHICH THE SYSTEM OR SERVICES IS DESIGNED TO DETECT OR AVERT; B) THE UNCERTAINTY OF THE RESPONSE TIME OF ANY POLICE OR FIRE DEPARTMENT, SHOULD THE POLICE OR FIRE DEPARTMENT BE DISPATCHED AS A RESULT OF A SIGNAL BEING RECEIVED OR AN AUDIBLE DEVICE SOUNDING; C) THE INABILITY TO ASCERTAIN
    WHAT PORTION, IF ANY, OF ANY LOSS WOULD BE PROXIMATELY CAUSED BY RAM FIRE AND SECURITY SERVICES FAILURE TO PERFORM OR BY FAILURE OF ITS EQUIPMENT TO OPERATE; D) THE CASE BY NATURE OF THE SPECIFIC SERVICE TO BE PERFORMED BY RAM FIRE AND SECURITY .
  3. CLIENT UNDERSTANDS AND AGREES THAT IF RAM FIRE AND SECURITY SHOULD BE FOUND LIABLE FOR LOSS OR DAMAGE DUE TO A FAILURE OF  TO PERFORM ANY OF THE OBLIGATIONS HEREIN, INCLUDING BUT NOT LIMITED TO INSTALLATION, MAINTENANCE, MONITORING OR SERVICE OR THE FAILURE OF THE SYSTEM OR EQUIPMENT IN AN RESPECT WHATSOEVER, RAM FIRE AND SECURITY’S LIABILITY SHALL BE LIMITED TO THE TOTAL AMOUNT ACTUALLY PAID BY CLIENT TO RAM FIRE AND SECURITY SERVICES FOR EQUIPMENT INSTALLED, IF ANY, AND FOR SERVICES RENDERED BY RAM FIRE AND SECURITY SERVICES, IF ANY, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY AND THIS LIABILITY SHALL BE EXCLUSIVE; AND THAT THE PROVISIONS OF THIS SECTION SHALL APPLY IF LOSS OR DAMAGE, IRRESPECTIVE OF CAUSE OR ORIGIN, RESURAM FIRE AND SECURITY DIRECTLY OR INDIRECTLY TO PERSONS OR PROPERTY FROM PERFORMANCE OR NONPERFORMANCE OF THE OBLIGATIONS IMPOSED BY THIS CONTRACT, OR FROM NEGLIGENCE, ACTIVE OR OTHERWISE, OF RAM FIRE AND SECURITY SERVICES,  ITS AGENTS OR EMPLOYEES. IF CLIENT WISHES RAM FIRE AND SECURITY TO ASSUME A LIMITED LIABILITY IN LIEU OF THE LIQUIDATED DAMAGES AS HERE IN ABOVE SET FORTH, SUBSCRIBER MAY OBTAIN THROUGH RAM FIRE AND SECURITY A LICENSED INSURANCE COMPANY, A LIMITATION OF LIABILITY BY PAYING AN ADDITIONAL MONTHLY SERVICE CHARGE TO RAM FIRE AND SECURITY. IF CLIENTS ELECTS TO EXERCISE THIS OPTION, A RIDER SHALL BE ATTACHED TO THIS AGREEMENT SETTING FORTH THE TERMS, CONDITIONS AND THE AMOUNT OF THE LIMITED LIABILITY, AND THE ADDITIONAL MONTHLY CHARGE. SUCH RIDER AND ADDITIONAL OBLIGATION SHALL IN NO WAY BE INTERPRETED TO HOLD RAM FIRE AND SECURITY SERVICES AS AN INSURER.

4.  LICENSING

RAM FIRE AND SECURITY IS LICENSED BY THE STATE OF TEXAS TO PERFORM LOW VOLTAGE INSTALLATION INCLUDING SECURITY ALARM, ACCESS CONTROL AND VIDEO SECURITY SYSTEMS.  RAM FIRE AND SECURITY TECHNICIANS ARE LICENSED THROUGH THE STATE OF TEXAS PRIVATE SECURITY BUREAU.  RAM FIRE AND SECURITY CARRIES ACTIVE INSURANCE THAT MEET ALL STATE REQUIREMENTS.

4. PROPERTY OF OTHERS

WHEN CLIENT IN THE ORDINARY COURSE OF BUSINESS HAS THE PROPERTY OF OTHERS IN ITS CUSTODY, OR THE MONITORED SYSTEM EXTENDS TO PROTECT THE PERSONS OR PROPERTY OF OTHERS, CLIENT AGREES TO AND SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS RAM FIRE AND SECURITY SERVICES, ITS EMPLOYEES AND AGENTS FOR AND AGAINST ALL CLAIMS OF INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES IN THE EVENT NOT LIMITED TO LOSS IN PROFITS OR LOSS OF DATA BROUGHT BY OWNERS OF SAID PROPERTY ARISING OUT OF THE RAM FIRE AND SECURITY SERVICES SERVICE UNDER THIS AGREEMENT. THIS PROVISION SHALL APPLY TO ALL CLAIMS REGARDLESS OF CAUSE INCLUDING RAM FIRE AND SECURITY SERVICES’S PERFORMANCE OR FAILURE TO PERFORM AND INCLUDING DEFECTS IN PRODUCTS, DESIGN, INSTALLATION, SERVICE, OPERATION OR NON-OPERATION OF THE SYSTEM WHETHER BASED UPON NEGLIGENCE, ACTIVE OR PASSIVE, EXPRESSED OR IMPLIED CONTRACT OR WARRANTY, CONTRIBUTION OR INDEMNIFICATION, OR STRICT OR PRODUCT LIABILITY ON THE PART OF RAM FIRE AND SECURITY SERVICES, ITS EMPLOYEES OR AGENTS, BUT THIS PROVISION SHALL NOT APPLY TO CLAIMS FOR LOSS OR DAMAGE SOLELY AND DIRECTLY CAUSED BY AN EMPLOYEE OF RAM FIRE AND SECURITY SERVICES WHILE ON CLIENT’S PREMISES.

5.  FALSE ALARMS

ANY COST INCURRED BY RAM FIRE AND SECURITY SERVICES FOR FALSE ALARMS/SIGNALS ORIGINATING FROM CLIENT’S PREMISES SHALL BE PROMPTLY REIMBURSED TO RAM FIRE AND SECURITY SERVICES. CLIENT IS RESPONSIBLE FOR ANY FALSE ALARM CHARGES AND/OR THIRD PARTY CHARGES EXCLUSIVELY. IF EXCESSIVE FALSE ALARMS ARE CAUSED BY CARELESSNESS, MALICIOUS USE, OR UNINTENDED USE OF THE ALARM SYSTEM, RAM FIRE AND SECURITY SERVICES MAY, AT ITS SOLE DISCRETION, DEEM SAME TO BE A MATERIAL BREACH OF CONTRACT ON PART OF CLIENT AND MAY BE EXCUSED FROM FURTHER PERFORMANCE. CLIENT AGREES TO ELIMINATE CONDITIONS OR FACTORS INTERFERING WITH THE PROPER OPERATION OF INSTALLED DEVICES WHICH MAY CAUSE FALSE ALARMS.

6.  ALARM.COM ACCOUNTS

ALARM.COM INCORPORATED TERMS (FOR ALL ALARM.COM MONITORING PLANS). YOU HAVE RECENTLY AGREED TO PURCHASE RESIDENTIAL OR COMMERCIAL SECURITY PRODUCTS AND SERVICES FROM DEALER (“RAM FIRE ANS SECURITY SERVICES”) AN INDEPENDENTLY OWNED AND OPERATED SECURITY SERVICES DEALER. ALARM.COM INCORPORATED (“ALARM.COM”) HAS AUTHORIZED RAM FIRE AND SECURITY SERVICES TO MARKET AND SELL TO YOU “ALARM.COM SERVICES” FOR YOUR USE WITH CERTAIN HARDWARE AND OTHER PRODUCTS (“EQUIPMENT”) THAT ENABLE THE ALARM.COM SERVICES. THESE ALARM.COM TERMS (SECTIONS A1 THROUGH A10) ARE PART OF YOUR LEGAL AGREEMENT WITH RAM FORE AND SECURITY SERVICES. CLICK HERE TO VIEW THE ALARM.COM TERMS.

THEY CONTAIN AMONG OTHER THINGS, IMPORTANT WARRANTY DISCLAIMERS (IN SECTION A3) AND LIMITATIONS OF LIABILITY (IN SECTION A5) APPLICABLE TO YOUR USE OF THE ALARM.COM SERVICES AND PRODUCTS.  BY ACCESSING THE ALARM.COM CUSTOMER WEBSITE OR USING ANY OTHER PART OF THE ALARM.COM SERVICES, YOU AGREE TO BE BOUND BY THESE ALARM.COM TERMS. ALTHOUGH THESE ALARM.COM TERMS ARE PART OF YOUR LEGAL AGREEMENT WITH RAM FIRE AND SECURITY SERVICES, YOU ACKNOWLEDGE AND AGREE THAT THEY MAY BE ENFORCED BY ALARM.COM DIRECTLY. PLEASE READ IN FULL AND PRINT FOR YOUR RECORDS THE ALARM.COM TERMS.

8.  PRIVACY POLICY

WHEN CREATING AN ACTIVE MONITORED ACCOUNT, CLIENT WILL BE REQUIRED TO SUBMIT PERSONAL INFORMATION REGARDING CONTACT INFORMATION AND SYSTEM LOCATION ADDRESS AS WELL AS OTHER IDENTIFYING INFO.  THIS INFORMATION IS LOCALLY HOSTED AND NOT AVAILABLE OUTSIDE OF RAM FIRE AND SECURITY SERVICES.  ALL PERSONAL INFORMATION IS ACCESSIBLE BY THE CLIENT AND RAM FIRE AND SECURITY SERVICES.  CREDIT CARD INFORMATION IS HIDDEN AND OTHERWISE NOT AVAILABLE TO RAM FIRE AND SECURITY SERVICES.  CLIENT MAY EDIT PAYMENT METHODS AS REQUIRED.  CLIENT INFORMATION IS NEVER BOUGHT OR SOLD.

9.  LICENSING AND COMPLAINTS

THE DEPARTMENT OF PUBLIC SAFETY (DPS) REGULATES THE PRIVATE SECURITY PROFESSION IN TEXAS. DPS PROTECTS THE PUBLIC BY CONDUCTING FINGERPRINT-BASED BACKGROUND CHECKS ON APPLICANTS, INVESTIGATING AND RESOLVING COMPLAINTS, AND TAKING DISCIPLINARY ACTION AGAINST LICENSEES OR SEEKING CRIMINAL PROSECUTION OF THOSE WHO PERFORM PRIVATE SECURITY SERVICES WITHOUT A LICENSE.

THE PRIVATE SECURITY PROFESSION INCLUDES ARMED AND UNARMED SECURITY GUARDS, PERSONAL PROTECTION OFFICERS, PRIVATE INVESTIGATORS, ALARM SYSTEMS INSTALLERS AND MONITORS, ARMORED CAR COURIERS, ELECTRONIC ACCESS CONTROL DEVICE INSTALLERS, AND LOCKSMITHS. DPS REGULATES THE PRIVATE SECURITY PROFESSION UNDER THE AUTHORITY OF THE TEXAS OCCUPATIONS CODE, CHAPTER 1702 AND THE RELATED ADMINISTRATIVE RULES.

IN THE EVENT CLIENT CHOOSES TO FILE A COMPLAINT WITH THE TEXAS REGULATORY SERVICES DIVISION THE FOLLOWING INFORMATION AND OFFICIAL FORM DOCUMENTS CAN BE FOUND ON THE TXDPS WEBSITE AT ONE OF THE FOLLOWING LINKS: https://www.dps.texas.gov/rsd/contact/psb.aspx OR https://www.dps.texas.gov/RSD/contact/default.aspx

CLIENT NAME AND SIGNATURE:

_____________________          ____________________         DATE: __________

 

RAM FIRE AND SECURITY SERVICES REPRESENTATIVE:

_____________________         _____________________        DATE:__________