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HomeMy WebLinkAboutAlarm Center, Inc. - Monitoring Information & Agreement - WFCCATE & SUBSCRIBER INFQRW A-TIM- by and between Alarm Center, Inc., a Washington corporation, hereinafter referred to as A --I" and - City fo `r'akirria - WF6C• S6curity hereinafter referrers to as 'Subscriber." whose address s' Street Address— 602 N 4th street City, Yakima State_ t "A zip code _ 96901� Melling Address Number Cross Steeets � - F-rhaml Address NOTEr Provide 2 phone numbers to be called prior to dupe€clung at}tircrn,es. Additional names and numbers can be listed _ Check "Galt Boor' boy, if they are is be called prier to dispatch The 1 St r -,rrber should be on sile, the 2nd should be the cell phone of the property owner or manager. Use extra sheet If needed. C °s prior to dispatch appty only to burglar alarm signals. Ca€i nAt:;fF Rcaese n*;rr RnnnnF!tiuwfaatf. pAsgs`�Rld"'fichatuy aASSWoPDHrNT nr or t Yakima Police Dispatch 509-457 0207 Net Required r'in-Sde C:c Rfe4t Nema 'Jn.Sft. Ph... Humber Kim Lopez 509-307-2619 P cperty bw^aerlhtaneaer ell Phan 'J,lmp¢, El Ken Wilkerisan 509-910-0650 Y The "Pas —am List' are those u^ho aIn authorized to be an the preanrsea, be.t Who are no+ On the Call Us! UsE eMa sheet it needed r NUMBERMEME IPtersc nro;I PASSWORD pf 01NtJM'1,'ter'2 rVAh�n tfll ¢punt? F'ASSIN RD or IdAaxem gF'IZ char&`€"+ii �tMer P.".Um1? t4 rast A Password Hint .... ® • 11 moire roam s.reeaRe:r p1eass= sutim,tan anzddJloo ' tIOLIDj $,BONE JDENTIFICA'I' i Ann DESCRIPTION OnE itian Are, 1 DEALER AGREEMENT: Subscriber has, or is about to contract viah e3 Solutions Irmo ('Dealer"a foe am-�alerrn system and/or service at the premises indicated on Ibis Agree- ment (hereinafter Called 'Premises') dealer anti Subscriber have entered into an Agreement wherein and whereby Dealer will provide monitoring services for Subscriber, such services to consist solely of those described rereln Dealef has subcontracted such monitoring services to Act which has agreed to perform the same solely as the agent at Dealer upon the terms and conditions set forth in this Agreement. Air;monitorinrg fees are paid to ACI by Dealer 2: MONITORING SERVICES PROVIDED: AGI: upon receipt of an alsidn: signal from the customer's premises and prior to nolufying the atiilronties, shall attempt to verify all signals In accordance whit dunrent Industry and tunsd ictional standards, or as maybe requiredby a tugrudirdipnal ordinance. If, offer completing this verification process, the alarm, ,s"gr al Is not abetted DEALER o. By X (?afe At'[ APPROVAL E] corpoe dIon D Parinership, — ® Sole Propnetorshig ...,Date _.. '- mm Au.�rorenv� arvic E] ether. tR scribe),.:., THIS AGREEMENT SHALL NOT BE BIN DING,UPON A C I UNLESS APPl RIVED IN WRITING BY AN OFFICER OF AC1, Password tY P a Ss,vord Hot :..,..-- CLOSE Bosch B5512 yr1B444-A Dedlular F oPENICLOSE FIBYINDIVI:DUALI'.. ZONE APS' as false; AC 1 wlmake every reasonable eECort to notify the authorities an& or the person cr oersons whose names and telephone Plumbers have beery provided in wring by the alarm realer oralamn dealer's subscriber. d. RECEIPT OF COPY. SUBSCRIBER ACKNOWLEDGES RECEIPT OF A COPY OF TITS AGRELMENT.. SUBSCRIB ,tAS"READANDUNDERSTANDSALLOFTHISAGRE:E- MENT, PART"4�IJLARLY.PARAGRAPHS d, 11 AND 12, WHICH SET FORTH ACT- MAXIMUM LIABILITY IN THE EVENT OF ANY LOSS OR DAMAGE '0 SUBSCRIBER OR ANYONE ELSE_ SUBSCRIBER ACKNOWL'.I't,ES THAT HE HAS DISCUSSED THE LIMITATION OF LIABILM SF'r FORTH IN PARAGRAPH 11 WITH DEALER'S AGENT, AND UNDERSTAN 7S THAT SUBSCRIBER MAY OBTAIN A HIGHER LIMITATION r`L ACI'S LIABILITY BY PAYING AN ADDITIONAL PERI,• OOTC CHARGE. THE TERMS AND CONDITIONS SET FORTH ON THE: REVERSE ELSE ARE INCORPORATED HEREIN. s^ By, Alarm nterl1ic P7Box 3401,Laney, 'WA 98509-3401 lhafic,i of ce:Boo-752-2-490 ,IA,.,.,,Celrli e `r,IraVAIMC�4� 'I 'r CITY CONTRACT NO' RESOLUTION HEn " ,I.: 4. DISCLAIMER. OF WARRANTIES: ACt do That the monitoring service will prevent anykO ritherclise, Or that the mdnhonnoservice will in fine for which his intended Subscriber scarce has made no representations or warranties, t retied on any representations or promise shall not be deemed to create an express wan ant are no warranties which extend beyond the face of the Ag If medical alert monitoring service is provided. Subscribe that Subscriber should obtain any life, medlcalordisabdrtyri invention of Subscriber and others who may use the Sys understands that there are alternatives avaitable to Sudscr emergency telephone service and Subscriberhas seiected a full understaciong of its limitations and the sanitation iVA rriakes no..reprosentatton or warranty as to the promptness and has no control over the response time or cao ibillfy c persona who may be notified" as result of the system b�t79,G, iher,tnxm which fare service and equipment is designed to 4ubscrr'ber acknowedges that it is impractical and e yteRmety a actual damages, it any; which may praximatedy result from e, a failure of AGl to perform any of the Obligations herein, any including our norwirneli££7, ring equipment to iintpedyant has of among lathier things: (a find: property or oft yropehy c ct4 stofen,destoyed darag, 'rare system or service as dcsig Vof;. ftasponsa time'0 the POtic fges others, Sherrie, the police I the others, be dispatched as t 'rber to ascertain what portion, such as 911 :by ACf s failure >O vice with mature of occur mbility, ACrf :any other.;oerec i response; na€una of the se agency or that itsCfshuuf Subscriber a failure ofACI may tail to function property Subscriber further acknowledges and agrees; That A Cris not an insurer, that Subscriber assumes all risk of parsonat uniury and toss or damage to Subscriber's premises or to the contents thereof 5. A.CI"S:OBLIGATION; Subscriber and ACI agree thatACi s sole and only obligation under this Agreement and/or under any agreement.oeSween Sub- scriber and Dealer, shall be to monitor signalsreceived from the alarm system and to respond thereof as set forth in Section 2. ACI shall not be obligated to provide,morntoring service until it has received: (u),a "fully executed copy of this Agreement, (11) the completed notification instructions, and iii) valid test signals from Subscriber's alarm system. 6. SUBSCRIBER'S :DUTIES. Subscriber -shall carefully and properly test. and set tT e alarm system immediately poor to the securing of the premises and carefully test the signal system no less than monthly during the terns of this Agreement, and notify Dealer promptly of service Is required Sub- scriber agrees to furnish ACT or Dealer forthwith a written list of the names, addresses telephone numbers and signatures of all persons authorized to enter the Premises or be notified in the event of an alarm, end for commercial systems a daily and entropy opening arid: closing schedule, Aii changes;: revisionsand modificati€ansto the above shall be suppfieFd id, ACI in writing. Subscriber shall secure and maintain all licenses nh,pen7iits that may be necessary from governmental or Insurance authirrities for the continued monitoring and use of the alarm systems). 7. TERM OF AGREEMENT, DISCONNECTIONi This ,agreement shall -onhnue for as long as Dealer contracts with ACI for the performance of monitoring servicesforthe Subscriber. In the event that Dealer notifies ACI of its 1errovatic n of service for She Subscriber for any reason, or in the event. that Dealer tads or refuses to make payments for services furnished or to be furnished to Subscriber by ACI ACI will give Subscriber at least five (5) days written notice of terminations of such services to Subscriber and, upon giving such notice tnusAgreementand all ofA.C9 s responsibilities hereunder shall come to an end and neither party hereto shall have any claim: against. the other for any furtherobligamons U pan termination of this Agreement for any reason, Subscriber agrees to peonit ACT to discontinue monitoring and further permit either ACI or Dealer to enter upon Subscrber s premises and disconnect Subscriber's systern from AGI's monitoring network. S. INTERRUPTION OF SERVICE: ACI assumes nsl abil,tyfor interruption of monflanng service due to strikes, mots hoods, stcrnis;:`earthquakos. fires, poweif failures. insurrection, interruphon, cr uriavaifabiiit ',Oflelephone VOID. Internet, cellular, GFS, video or radio signal transmission service, acts of God or for any other cause beyond the control of ACI; and ACI will not be required to supply monitoring service to Subscriber while any such Cause mayc,ontlnue This Agreement may Be suspended atACt`soption should the alarm system, Subscribers Premises crACI s monitoring facilities become so substantially darnaged that further service is impractical, 9. SUSPENSION OR CANCELLATION OF THIS SYSTEM: I his Agree- Trent may be suspended or cancelled, without notice at the option at ACI. if ACI"s or Customer's premises or equipment are destroyed,bp fire or other catastrophe, or so substantially damaged that it is impractical to continue service, or in the event ACI is unable to render, service as a result of any action by any governmental authority or utility. 10. TRANSMISSION LINES: Subscriber acknowledges that the signals from Subscriber's atamt system are transmitted over Subscriber's regular afephang service IoACI's centralstation, and in the event Subscriber's tale, phone service is out of order, disconnected, placed on vacation orotherwise Interrupted signals from Subscriber's alarm system will -not be received in ACT's central station during any such interruption uutelephone service and the Interruption may not be known to ACI Subscribe:riuniheracknowtedges and agrees that telephone company lines are wholly bgyprid the control and Jurisdiction of ACt and are maintained and servicespoi by the applicable lebphorue company. If radio signal transmission is utilized, Subscriber ac� knowledges that radio signal transmission is subpecr toe pvironrmental factors, bosh natural and moat -made that are wholly beyond the control of ACI. Use of radio frequencies are controlled by the Federal Ce rtmcnicatlons Commis- sion (FCC) and changes in rules, regulations and polo -des may necessitate discontinuing or changing such transmission facilities - Vol f1l; irtemet/CollularIGPSdeo/Other, Subscriber acknowledges that if AC; irrizes signal transmission by VolPPlnternetlCeltulariGPSMdeo)Other Thai such transmission is subject to factors that may interrupt signals from Subscriber's alarm system and will not be received by ACI during any such interruption in inese services and may not be known to ACI. Subscriber further acknowledges and agrees that signals which :are transmitted over Vc9PllnternetlCellulariGPSA+ideolOther are wholly beyond the control and imiisdiction of ACI and are maintained and serviced byknicapplicabie service 11, ACi IS NOT AN INSURER, LIMITATION OF LIABILITY: Subscriber agrees that in consideration of the operation of the .mentioning facility by AC7' 7riat ACl is not an rosurer, that insurance if ank shall be obtained by Subscriber that ACI makes no guarantee or orarra ity; including any :rat- ptie i warranty of merchantability or fitness fora particular purpose That the sensrces and enunome t supplied vall avert or prevent occurrences or the and this & apply if lei: rndirectiyI the obligal agents; as iromACl a th a resulting loss to r�toscnoer eecayse, ncertain amount or value of Subscriber's kept on the premises whr er may be lost, isinsise affected by occurrences winch the defect or avert (b) The urceinbrnry of the Iment, fire department, paramedicunrt, or ram, fire department, paramedic anil, or qurpment to operate; {dl The uncertain cause injury of death to Subscriber or is desdraed to detect or avert ,(a) The f ichco for loss ordamage due to A Ct's negligence, it any of the obligations herein,or a faiture, of the morrrtorng equipment in any respect whatsoever led to the sum of Three r4undred Dols"ers ($300 00) exclusive; that the provisions of this Section shall irrespective of cause or origin results directly or ro,perde from perermance or rron-pc llan aance of 7y this Agreement or team negligence, ofACI, its vees it: Subscriber wishes, Subscriber may obtain charge to.:DeAfer orAGt tf Subscnber eiects to exercise rnrs op(ron., a nuer shall be attaCf,ad to airs Agreement setting forth the terms conditions and the amount Of ice higher limited liability and the additional ueriodrc charge Such rider arru'Addrtronal obligation shall lie no way be interpreted to hold ACI as an rnst,-'r}'r 12. THIRD PARTS' INDEMNIFICATION; 'Men Subscriber rn the ordinary course has other persons on his premises or the Property of outer in his custody, or trs elerm system extends to protect the property of others, Subscrib er agi:;�;s to and Shad rndemnrfy defend and hold harmless :A Ct its rein AC:isnegligence, Oraraoure etherthese clarms be based upon comirbutron, indeinnihcafrons, or its employees or agents: 13, SUBROG.,11OW So far as it is permitted by Subscriber's property insurance coverage, Subscriber hereby releases, discharges and agrees to hold ACV harmless from any and all claims; l abilities, damages Basses or expenses, aris=ng from or caused by any hazard covered by insurance in or on the Subscr`! nr`s premise whether said claims are made by Subscriber. his agents, or =n :urance company or other parties claming under or through Subscriber Subscrrber agrees to Indemnify ACI against, defend and hold ACI harmless from any action for subrogatlonwhich may be broughtagainst. ACI by any in=xr, er of insurance company or agents or assigns including the payment o'at(damages, expenses, costs and attorney's fees Subscriber shall notify his, 4 surance carrier of the terms of this provision. 14, LIMITATIC)N; ON ACTIONS; WAIVER OF JURY TRIAL; Both patties hereby agree that no suit or action that relates in anyway to this Agreement fwhether based upon contract, negligence or otherwise) shalt be brought - against the other more than one it) year after the accrual of the cause of action therefor In addition, both parties hereby waive any rights to a jury trial in any judicial action brought by either party which relates in anyway to this Agreement (wTulther eased upon contract:,: negligence or otherwise).. is, SUBSCRIBER IS NOT A THIRD PARTY BENEE[CIARY: Subscriber acknowvledga s and agrees that he is not a third party beneficiary to the Master Dealer folonilo'Ing Agreement entered into between ACI and Dealer. 16. FALSE ALARMS: PERMIT FEES: In the event an excessive number of false aterms are caused by Susbscriber's:andlor Dealers carelessness,. ma kdous sailor, accidental use of the alarm system, or equipment madunc Lion, or in'the event Subscriber in any manner misuses or abuses the system, ACI may In its, sole discretion deem same to be a material breach of this Agreement and at its option In addition to all other legal remedies available to ACI, be excused from further performance upon the giving of five (5).. days written notion to Subscriber and Dealer, Subscriber agrees to pay any false alarm as c.ssmenis taxes, Pees or charges relating to the monitoring services provided pursuant to this Agreement. 17. ENTIRE AGREEMENT: This writing is intended by the parties as a final expression of ,f mir agreement and as a complete and exclusive' statement of the terrns Ihureof. THIS AGREEMENT CANNOT BE AMENDED, AL- TERED OR odd,}II IEC BYAN'a" AGREEMENT ENTERED INTO BETWEEN DEALER Alrb ,UBSCRIBER ACT'S DUTY AND OBLIGXFION TO PRO- VIDE MONi IRING SERVICE TO SUBSCRIBERARISE SOLELY FROM THIS AGREE1,4ENT: This Agreement supersedes all prior representations, understandingi,r =ir agreements or the parties and that parties rely only upon the contents of -this Agreement in executing it This Agreement can only be modified by a miting signed by the parties or their duly authorized agent. Na waiver aura `~reach of any term or condition of this :Agreement ::shall be construed 'tu aura a waiver of any succeeding breach. The parties agree that this Agreem_r:',a to be performed to and shall be governed by the laws of the State of'rva hangton. 16. INVALID Frt0VISIONS: In the event any provisions of this agreement is declared to be invalid or inoperative all the remaining terms and provisions shall remain in 141 force and effect 19. ASSIGNMENT, T his agreement shall, befully assignable byAGI only ACI. shall provide Subsouberwith fifteen (151 days advance notification o#any such assignment to another Marm center Subscriber agrees that the provisions of this agreement shall bind the subscriber to any such assignee of ACI: 20, VENUE. Venue In the case of any dispute under this agreement shall be in Thurston County, Washington: 21. ATTORNEv'S FEES AND COSTS. In the case of any dispute hereunder which result �n-litigat`ion or arbitration, the prevailing party shall be entailed to reasonable attorneys fees and casts of suit. r,X . ,95 k Q 14 FREVERSr