Contract / Terms / Services

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1. SUBSCRIBER AGREES AND UNDERSTANDS THAT NEITHER COMPANY NOR ITS DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS PRINCIPALS, AGENTS, SERVANTS OR EMPLOYEES AND THEIR SUCCESSORS, ASSIGNS, HEIRS AND PERSONAL REPRESENTATIVES (HEREINAFTER INDIVIDUALLY AND COLLECTIVELY “BUSINESS”) IS AN INSURER AND THAT INSURANCE COVERING PERSONAL INJURY, INCLUDING DEATH, AND REAL OR PERSONAL PROPERTY LOSS OR DAMAGE IN ABOUT OR TO THE PREMISES SHALL BE OBTAINED BY THE SUBSCRIBER, THAT COMPANY AND BUSINESS, EXCEPT AS SET FORTH HEREIN, MAKE NO GUARANTEE, REPRESENTATION OR WARRANTY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE, THAT THE EQUIPMENT AND SERVICES ARE DESIGNED TO REDUCE,BUT NOT ELIMINATE, CERTAIN RISKS OF LOSS AND THAT THE AMOUNT BEING CHARGED BY THE COMPANY ARE NOT SUFFICIENT TO WARRANT OR GUARANTEE THAT EITHER NO LOSS OR DAMAGE WILL OCCUR OR INCREASED LOSS OR DAMAGE WILL NOT OCCUR; THAT COMPANY AND BUSINESS ARE NOT LIABLE FOR ANY LOSS OR DAMAGE WHICH MAY OCCUR PRIOR TO CONTEMPORANEOUS WITH OR SUBSEQUENT TO THE EXECUTION OF THIS AGREEMENT EVEN IF DUE TO THE IMPROPER PERFORMANCE OF AND/OR FAILURE TO PERFORM OF THE SYSTEM OR EQUIPMENT, OR BREACH OF CONTRACT, EXPRESS OR IMPLIED OR BREACH OF WARRANTY EXPRESS OR IMPLIED, OR BY LOSS OR DAMAGE TO FACILITIES NECESSARY TO OPERATE THE SYSTEM, TRANSMIT ANY SIGNAL OR OPERATE ANY CENTRAL STATION, THAT SHOULD THERE ARISE ANY LIABILITY ON THE PART OF COMPANY OR BUSINESS FROM PERSONAL INJURY, INCLUDING DEATH, AND/OR PROPERTY DAMAGE, REAL OR PERSONAL, WHICH IS IN CONNECTION WITH ARISES OUT OF OR FROM OR RESULTS FROM THE TRANSMISSION OF SIGNALS, REMOTE PROGRAMMING ELECTRONIC COMMUNICATION SERVICES, MONITORING OF ANY EQUIPMENT OR SYSTEM, AND/OR THE FAILURE OR IMPROPER DISPATCH OF INDIVIDUALS TO THE PREMISES, AND/OR THE FAILURE OF FAULTY OPERATION OF THE SYSTEM, EQUIPMENT, TRANSMISSION FACILITIES OR CENTRAL STATION FACILITIES, AND/OR THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE (INCLUDING NEGLIGENCE PER SE AND/OR GROSS NEGLIGENCE) OR BUSINESS OR COMPANY AND/OR ITS SUPPLIERS OR SUBCONTRACTORS, INCLUDING WITHOUT LIMITATIONS ACTS, ERRORS OR OMISSIONS WHICH OCCUR PRIOR TO CONTEMPORANEOUSLY WITH OR SUBSEQUENT TO THE EXECUTION OF THIS AGREEMENT, AND/OR ANY CLAIM(S) BROUGHT IN THE PRODUCT OR STRICT LIABILITY, AND/OR BREACH OR WARRANTY, EXPRESS OR IMPLIED AND/OR BREACH OF CONTRACT EXPRESS OR IMPLIED, AND/OR FOR CONTRIBUTION OR INDEMNIFICATION, WEATHER IN CONTRACT, TORT OR EQUITY, INCLUDING, WITHOUT LIMITATION, AN GENERAL DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, STATUTORY AND/OR CONSEQUENTIAL DAMAGES, IRRESPECTIVE OF CAUSE, SUCH LIABILITY SHALL BE LIMITED TO THE MAXIMUM SUM OF $250.00 COLLECTIVELY FOR COMPANY AND BUSINESS AND THIS LIABILITY SHALL BE EXCLUSIVE.

IN THE EVENT THAT THE SUBSCRIBER WISHES TO INCREASE THE MAXIMUM AMOUNT OF SUCH LIMITED LIABILITY, SUBSCRIBER MAY AS A MATTER OF RIGHT, OBTAIN HIGHER LIMIT BY PAYING AN ADDITIONAL AMOUNT FOR THE INCREASE OF SUCH LIMIT OF LIABILITY BUT THIS HIGHER LIMITATION SHALL IN NO WAY BE INTERPRETED TO HOLD COMPANY OR BUSINESS AS AN INSURER.

2. Subscriber understands that transmission of signals from the devises with which the system is equipped (“Devices”) and/or the System may be via radio telemetry, satellite transmission, cable or wire (Telephone Circuit) and the alternative or additional protection can be installed at subscriber’s request and expense. Subscriber further understands that for equipment which transmits signals via the Telephone Circuit, there are various types of telephone line service including direct wire. Derived channel, Multiplex, etc. and the Devises are not infallible and Subscriber specifically acknowledges that Company does not represent or warrant that the Devises, System or the transmission of signals from the Devices or the System via satellite transmission, radio telemetry, cable or telephone line service may not be interrupted, circumvented or compromised. Subscriber understands that a digital central station communicator is a non-supervised reporting device. Telephone Circuit transmission of signals requires the telephone equipment connection for the telephone network and telephone line (“Telephone Equipment”) to be compatible and operative with the System for a signal to be transmitted by the system and/or received by the central station; If the Telephone Equipment is not compatible or operative, there is no indication of this fact at the central station. Subscriber understands no signal can be received by the central station while the Telephone Equipment remains incompatible or inoperative. Subscriber further understands that satellite transmissions, radio telemetry and radio frequency transmission may be impaired or interrupted by ground interference and/or atmospheric conditions, including, without limitation, sun spots, electrical storms, power failure or other conditions and events beyond the control of Company and that if satellite or radio transmissions are interrupted there may not be any indication of this fact at the central station and so no signal can be received by the central station while the interruption continues.

3. Subscriber does hereby for him/her/itself and all parties claiming under him/her a release and discharge Company from and against all hazards covered by insurance or bond, including all deductibles and retained limits as well as loss or damage in excess of policy limits. It is expressly understood and agreed that no insurance company insurer or bonding company or the successors or assigns shall have any rights created by a loan agreement, loan receipt, or other like document or procedure or any right of subrogation against Company.

4. Subscriber agrees to indemnify, defend and hold harmless Company and Business from and against all claims, demands, liabilities, damaged, losses and expenses, including without limitation attorney’s fees, which may be asserted against or incurred by Company or Business by due or any person not a party to this Agreement, including Subscriber’s insurance or bonding company, for any expense, loss or damage including, without limitation, statutory civil damages, personal injury, death and/or property damage, real and/or personal arising out of the failure or improper dispatch of persons to the Premises, monitoring, remote programming, electronic communication services, recording of communications, operation or non-operation of the equipment, Devices, System or central station facilities, whether due to the active or passive sole, first or several negligence (including negligence per se and/or gross negligence) of Business of Company and/or its suppliers or subcontractors, breach of contract, express or implied, breach of warranty, express or implied, product or strict liability and/or may be claim for contribution or indemnification, whether in contract part of equity.

5. Should subscriber default in any payment hereunder, or upon termination of monitoring services for any reason, the receipt of signals from “runaway” Systems which excessively signal Company’s central station without apparent reason or Premises or Systems not under contract with company, Subscriber authorizes and empower Company to disconnect the System to render the equipment incapable of signaling locally or communication with its central station by direct or remote programming the removal or deletion of date inputted by Company for operation of the System or through any other means and the exercise of such rights shall not be deemed a waiver of Company’s right to damages and not as result of Subscriber’s default, and Company shall have the right to enforce all other equitable or legal remedies or rights. If Subscriber prevents company from exercising its rights under this Section, Subscriber agrees to pay to Company the sum of Fifty ($50.00) dollars for each signal from the Premises received by the central station as liquidated damages and not as a penalty, plus all damages, losses, costs and expenses including, without limitation actual attorneys and court costs incurred by Company as a party in an action at law or in equity arising out of this Section. Company and Business shall in no event be liable for direct, special, incidental, exemplary, punitive or consequential expense, loss of damage to the Subscriber resulting from the exercise of such rights, whether due to the active or passive sole, first or several negligence (including negligence per se and/or gross negligence) of Business or Company and/or its suppliers or subcontractors and Subscriber hereby released Company and Business for all such foregoing expense, loss and damage incurred by the Subscriber in this regard.

6. It is the sole responsibility of the Subscriber to (i) confirm that the Telephone Equipment is compatible with the System, especially when there are changes to the telephone Equipment or services rendered to Subscriber by the Telephone company, i.e. call waiting, Centrex telephone system, answering machines, etc., and (ii) test the equipment periodically at least monthly and whenever changes are made to telephone services for the Premises, any claimed inadequacy of failure of the equipment shall be immediately report to Company.

7. Unless Company agrees otherwise in writing, Subscriber shall pay all charges made by any telephone company or other utility for installation, leasing and services charges for equipment necessary to connect the System to the telephone network or the central station, Subscriber shall pay existing federal, state, and local taxes and charges upon Company (except taxes on net income) and utility charges, and company shall have the right, at any time to prospectively increase the rate for monitoring services to reflect any new or additional taxes or charges which may hereafter be imposed by any utility, local state or federal government or governmental agency, relation to other services provided under this Agreement and which Company pays and Subscriber shall pay the same.

8. In the event the system is activated for any reason whatsoever, the Subscriber shall pay without recourse or reimburse Company for any fines, fees, costs, expenses and penalties assessed against Subscriber and/or Company by a court or local state or federal government or governmental agency as a result thereof. In the event the System is U.L. certified, Subscriber shall pay Company’s prevailing initial and renewal certificate fees. In the event the System is activated without objective physical evidence of the necessity for the activation and Company dispatches an agent, Subscriber shall pay Company’s prevailing charge for dispatch of such agent.

9. In the event of any default by subscriber of failure to pay any amount when due or termination, cancellation or recession by Subscriber other than as provided by law. Company shall be entitled to retain all prepayments received as liquidated damages and not as penalty, and Subscriber shall immediately pay to company (a) all payments then due and payable and (b) 50 percent of all payments which would be due hereunder for the unexpired term as liquidated damages and not as penalty; and company shall have no further obligation to perform under this Agreement. If equipment is not fully paid, equipment must be in substantially as good condition equipment as delivered shall be removed within 5 business days at the expense of subscribe. If found not to be in good condition you will be required to pay balance of equipment immediately.

10. This agreement becomes binding upon Company only (i) when signed by an authorized representative of Company, if any of the printed terms and conditions have been changed, or (ii) upon completion of services checked above This Agreement is binding on the heirs, executors, administrators, successors and assignee of the parties, and shall be governed by and binding according to the laws of the state set forth on the company’s Address.

11. This Agreement is not assignable by Subscriber except upon the written consent of Company, which shall be at Company’s sole option. This Agreement or any portion thereof is assignable by Company at Company’s sole option.

12. A Finance charge of one and one-half (1-1/2%) percent per month (eighteen (18%) percent per year) will apply to all obligations not paid present to the terms contained herein. Subscriber shall pay to Company an administrative fee (late fee) of 10% of any payment due received by Company after the date on which such payment is due as liquidated damages and not as a penalty.

13. If Company shall waive any breach by Subscriber, it shall not be construed as waiver of any subsequent breach and Company’s failure to exercise any rights hereunder shall not be construed as a waiver of any breach unless specifically waived by Company in writing. Company’s rights hereunder shall be cumulative, and any rights hereunder may be exercised concurrently or consecutively and shall include all remedies available under law and equity even though not expressively referred to herein. Subscriber specifically understands resulting from the relationship, responsibilities or obligations created by this Agreement.

14. Dispatch service consists solely of responding to the Premises upon receipt of a signal from Premises pursuant to the Underwriters Laboratories (U.L.) standards if a U.L. certification has been issued, if no U.L. certification has been issued, the dispatch service, if this service has been agreed to be provided by Company, consists solely of responding to the Premises within a reasonable time after (a) receipt of signals transmitted from equipment at the Premises, and (b) a runner becomes available to be dispatched. Subscriber agrees that Business and Company shall have no liability for any loss, damage or expense to Subscriber, including any general, special incidental or consequential damages sustained by Subscriber due to any delay in (1) dispatching any employee, or (2) arrival at the Premises, regardless of whether the delay in either or both cases is due to the active or passive sole, joint of several negligence of Business or Company and/or its suppliers or subcontractors. NOTE: U.L. certified systems satisfy the monitoring and dispatch requirements of U.L. for the stated class and grade as of the date of this Agreement. If in the future U.L. adopts new or different requirements for the stated class or grade. Company agrees, upon receipt of written consent of Subscriber to perform all monitoring and dispatch services necessary to satisfy the new or different requirements of U.L. for the stated class or grade, and Subscriber shall pay all costs thereof at Company’s prevailing charges.

15. Central station monitoring service consists solely of the calling by telephone of third party professional agencies or the telephone numbers supplied by Subscriber in wanting upon receipt of signals transmitted from equipment at the Premises which are codes identified in writing of the monitoring services to be rendered by Company pursuant to this Agreement (hereinafter called “Listed Codes”), no monitoring service shall be rendered for signals received which are note Listed Codes. Subscriber agrees that any signals monitored by any third party are not the responsibility of Company and Company and Business shall have no liability for any loss, damage or expense to Subscriber, including, without limitation, any general, special, incidental, exemplary, punitive, statutory or consequential damages arising out of monitoring by any third party. Subscriber further agrees that Company and Business shall have no liability for any loss, damage or expense to Subscriber including, without, any general, special, incidental, exemplary, punitive, or consequential damages arising out of remote programming of the system even if due to the active or passive sole, joint or several negligence (including negligence per se and/or gross negligence) of Business or Company and/or its suppliers or subcontractors.

16. Electronic communication services consists of inputting, modifying, deleting and using electronic data concerning operation of the System through electronic communication between the System and Company’s central station. If Subscriber requests this service orally or in writing, Subscriber hereby consents to Company’s performance of all such services pursuant to Company’s prevailing charges for such services, which Subscriber shall pay to Company. Subscriber hereby releases Business and Company for all general, special, incidental, exemplary, punitive and consequential expense, loss or damage to Subscriber, whether due to the active or passive sole, first or several negligence (including negligence per se and/or gross negligence) of Business or Company and/or its suppliers or subcontractors arising out of our form, in connection with or resulting from electronic communication services.

17. Subscriber agrees that Company’s obligations hereunder are waived and released automatically without notice and without liability to Company for any general, special, incidental, exemplary, punitive or consequential expense, loss or damage to Subscriber, in case the central station, telephone network, equipment, or facilities necessary to operate the System or central station are destroyed, damaged, inoperable or malfunction for any reason whatsoever, for the duration of such interruption of service and Subscriber shall be entitled to reimbursement of the prorated Cost paid for their period of interruption of request on Subscriber.

18. If the System is a takeover, in whole or in part, Company reserves the right, at its sole option to terminate this Agreement at any time by then (10) days written notice to Subscriber in the event Company determines in its sole discretion that there have been excessive activation’s of the System, that the Subscriber has abused the System or that the number of problems or cost or service has been or may become excessive, and Subscriber shall be entitled to reimbursement of the prorate cost paid for the then current period on request of Subscriber.

19. All claims, actions or proceedings, legal or equitable, against Company must be commenced in court within one (1)year after the cause of action has Accrued or the act, omission or event occurred from which the claim, action or proceeding arises, whichever is earlier, without judicial extension of the or said claim, action or proceeding is bared, time being of the essence of this paragraph.

20. This instrument contains the entire Agreement between the parties hereto with respect to the transactions described herein and supersedes all previous and contemporaneous negotiations, commitments, contracts express or implied, “warrantee’s, express or implied, statements and representations, whether written or oral, pertaining thereto, all of which shall be deemed merged into this Agreement. Neither party has authority to make or claim any representations, term, promise, condition, statement, warranty or inducement which is not expressed herein should any provision hereof (or portion there of).

21. The acceptance of this Agreement in writing or by course of conduct or payment by Subscriber waives all terms and conditions contained in any purchase order acknowledgement or contract submitted by Subscriber and Subscriber agrees that no other terms or conditions contained in any Subscriber document, unless signed by an actually authorized representative of Company, whether those terms or conditions be additional to, different from, or conflicting with the terms and conditions hereof, shall be deemed, in law or in fact, a part of the Agreement between the parties, or agreed to by Company. Neither the failure of Company to object to any communication from Subscriber, nor any performance by Company shall be deemed an acceptance of any terms or conditions which are additional to, different from, or conflicting with the terms and conditions contained herein.

22. RECONNECT FEES: If monitoring service is suspended for ANY reason, Subscriber agrees to pay a minimum

$50.00 re-connect and processing fee and authorizes Company to charge SUBSCRIBER’S credit card for the re-connect fee prior to the re-establishment of alarm monitoring service.

23. OWNERSHIP: COMPANY yard signs, window decals, telephone stickers and anything with the company identifier shall remain the property of COMPANY. Subscriber acknowledges that none of the above is for sale and that all are used only with permission by COMPANY during the period of service of Subscriber’s alarm system by COMPANY

24. Company may subcontract for the provision of services under this Agreement. Subscriber agrees and acknowledges that the provisions of this Agreement insure to the benefit of and are applicable to any subcontractors engaged by Company to provide any service set forth herein to Subscriber, and bind Subscriber to said subcontractor(s) with the same force and effect as they bind Subscriber to Company.

25.If subscriber is renting or leasing said property, subscriber must provide letter of authorization from Owner of property.

26. Subscriber acknowledges that Company may record video, wire and/or oral transmissions or communications and hereby consents and authorizes Company to so record all such transmissions and/or communications between Company, Subscriber and/or Subscribers agents, servants, employees and/or representatives. 

27. SUBSCRIBER ACKNOWLEDGES AND AGREES THAT COMPANY’S SOLE RESPONSIBILITY UPON RECEIPT OF A GENERAL EMERGENCY SIGNAL TRANSMITTED FROM EQUIPMENT AT THE PREMISES IS TO CALL BY TELEPHONE THE LOCAL POLICE DEPARTMENT OR PUBLIC EMERGENCY RESPONSE AGENCY RESPONSIBLE FOR THE MUNICIPALITY IN WHICH THE PREMISES IS LOCATED. SUBSCRIBER UNDERSTANDS AND AGREES THAT COMPANY SHALL NOT UNDER ANY CIRCUMSTANCES CONTACT OR DISPATCH MEDICAL ASSISTANCE FOR SUBSCRIBER OR THE PREMISES AND COMPANY AND BUSINESS ARE HEREBY RELEASED FROM ANY AND ALL CLAIMS, SUITS, ACTIONS, AND DEMANDS WHATSOEVER IN LAW OR EQUITY WHICH SUBSCRIBER, OR ANYONE CLAIMING CONNECTION WITH OR AS A CONSEQUENCE OF COMPANY’S OR BUSINESS’ FAILURE TO CONTACT OR DISPATCH MEDICAL ASSISTANCE, INCLUDING, WITHOUT LIMITATION, THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE (INCLUDING NEGLIGENCE PER SE AND/OR GROSS NEGLIGENCE0 OF BUSINESS OR COMPANY AND/OR ITS SUPPLIERS OR SUBCONTRACTORS. 

28. Subscriber represents and warrants this his/her/its cancellation or termination of any contract or execution of this Agreement does not breach and will not breach any contract with or obligation to any other person. Subscriber agrees to defend, indemnify and hold harmless Business and Company from all claims, suits, losses, damages, costs and expenses including, without limitation, all general, special, incidental, exemplary, punitive and consequential damages and attorneys’ fees and court costs arising out of or from, in connection with or as a consequence of Subscriber’s breach of this representation and warranty. 

29.THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE OR REVERSE HEREOF, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY TERMS AND CONDITIONS MAY BE CHANGED AT ANY TIME. 

1. SUBSCRIBER AGREES AND UNDERSTANDS THAT THIS MAINTENANCE CONTRACT IS A WAY TO KEEP THE SUBSCRIBERS ALARM SYSTEM IN TOP RUNNING CONDITION.  

2. Subscriber agrees to pay the maintenance plan fee as per the system contract.  If no maintenance plan is obtained there will be a $99.00 truck roll fee. Milage and labor will be billed after 30 miles. This will be as needed per call.   

3. Understanding the plans

SILVER- 15.00 / MONTH

• TESTING AND CLEANING OF YOUR ALARM SYSTEM ONCE EVERY 12 MONTHS
• TROUBLE MESSAGES
• REPAIR AND BATTERY REPLACEMENT
• NO MILEAGE CHARGE WITHIN 30 MILES OF GREAT BEND - ANY TRAVEL AFTER 30 MILES WILL BE BASED AND BILLED BY THE MILES OVER 30 FROM GREAT BEND
• NO LABOR WILL BE BILLED FOR THE SERVICE CALL.  

GOLD- 20.00 / MONTH

• TESTING AND CLEANING OF YOUR ALARM SYSTEM
• TROUBLE MESSAGES
• PROGRAMMING USER CODES AND ASSIST IN CONTINUING EDUCATION AND TRAINING
• REPAIR AND BATTERY REPLACEMENT
• EQUIPMENT REPLACEMENT (ORIGINAL EQUIPMENT HAVE BEEN INSPECTED AND MUST BE PURCHASED AT THE TIME OF INSTALLATION OR AFTER WAITING PERIOD AND INSPECTION) DAMAGE CAUSED BY THE USER WILL BE BILLABLE.
• NO MILEAGE CHARGE WITHIN 30 MILES OF GREAT BEND - ANY TRAVEL AFTER 30 MILES WILL BE BASED AND BILLED BY THE MILES OVER 30 FROM GREAT BEND
• NO LABOR WILL BE BILLED FOR THE SERVICE CALL.

4. These packages must be purchased at time of contract.  There may be a 30 day waiting period if a package is bought after the install.  A Security Tech from Hammeke Security will need to perform a inspection of the current system for any problems or malfunctions before the plan can go in effect.  There may be a service call, travel, and labor for this add on service paid by the subscriber at the time of the visit if not purchased at time of initial install.  

5.  Any damage or misuses by the subscriber will result in billing of labor, travel and parts.  Damages will be documented and bill directly to the subscriber and demand of payment.

6.  Subscriber may cancel this maintenance service at any time but agrees that any time left on the contract will be awarded to Company and not paid back as a refund. 

7.  Maintenance re-subscribe will be billed as per the contract and a waiting a period of 30 days with a system inspection as well as a payment by subscriber for travel and labor.   

THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE OR REVERSE HEREOF, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TERMS AND CONDITIONS MAY BE CHANGED AT ANY TIME.