TERMS AND CONDITIONS
Plan Details - Home SecurityNo activation fee may apply, 36 Month Monitoring Agreement
at a minimum of $30/mo, home ownership, and satisfactory credit history required. Local permit fees and/or sales tax may apply. Services not available in all areas. |
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TERM OF AGREEMENT: RENEWAL: The term of this agreement shall be for a period of (3) three years and shall automatically renew month to month thereafter under the same terms and conditions, unless either party gives written notice to the other by certified mail, return receipt requested, of their intention not to renew the contract at least 30 days prior to the expiration of any term. After the expiration of one year from the date hereof ASN shall be permitted from time to time to increase the monitoring charge by an amount not to exceed nine percent each year and Subscriber agrees to pay such increase. ASN may invoice Subscriber in advance monthly, quarterly, or annually at ASN’s option.
CENTRAL OFFICE MONITORING SERVICES: Upon receipt of a signal from Subscriber’s alarm system, ASN or its designee central office shall make every reasonable effort to notify Subscriber and the appropriate municipal police or fire department. Subscriber acknowledges that signals transmitted from Subscriber's premises directly to municipal police or fire departments are not monitored by personnel of ASN or ASN's designee central office and ASN does not assume any responsibility for the manner in which such signals are monitored or the response, if any, to such signals. Subscriber acknowledges that signals which are transmitted over telephone lines, wire, air waves, internet, VOIP, radio or cellular, or other modes of communication pass through communication networks wholly beyond the control of ASN and are not maintained by ASN except ASN may own the radio network, and ASN shall not be responsible for any failure which prevents transmission signals from reaching the central office monitoring center or damages arising therefrom, or for data corruption, theft or viruses to Subscriber’s computers if connected to the alarm communication equipment. Subscriber agrees to furnish ASN with a written list of names and telephone numbers of those persons Subscriber wishes to receive notification of alarm signals. All changes and revisions shall be supplied to ASN in writing. Subscriber authorizes ASN to access the control panel to input or delete data and programming. If the equipment contains video or listening devices permitting central office to monitor video or sound then upon receipt of an alarm signal central office shall monitor video or sound for so long as central office in its sole discretion deems appropriate to confirm an alarm condition. If Subscriber requests ASN to remotely activate or deactivate the system, change combinations, openings or closings, or re-program system functions, Subscriber shall pay ASN’s standard hourly rate for each such service. ASN may, without prior notice, suspend or terminate its services, in central office’s sole discretion, in event of Subscriber’s default in performance of this agreement or in event central office facility or communication network is nonoperational or Subscriber’s alarm system is sending excessive false alarms. Central office is authorized to record and maintain audio and video transmissions, data and communications, and shall be the exclusive owner of such property. All Subscriber information and data shall be maintained confidentially by ASN.
SERVICE: Service, if included as a service to be provided, includes all parts and labor. ASN shall service upon Subscriber's request the security system installed in Subscriber's premises between the hours of 9 a.m. and 5 p.m. Monday through Friday, within reasonable time after receiving notice from Subscriber that service is required, exclusive of Saturdays, Sundays and legal holidays. All repairs, replacement or alteration to the security system made by reason of alteration to Subscriber's premises, or caused by unauthorized intrusion, lightning or electrical surge, or caused by any means other than normal usage, wear and tear, shall be made at the cost of the Subscriber. Batteries, electrical surges, lightning damage, obsolete components and components exceeding manufacturer’s useful life are not included in service and will be repaired or replaced at Subscriber’s expense. No apparatus or device shall be attached to or connect with the security system as originally installed without ASN's written consent.
SUBSCRIBER REMOTE ACCESS: If Remote Access and/or Remote Viewing is included in the schedule of equipment to be installed and services provided by ASN, the equipment will transmit data via Subscriber’s high speed Internet, cellular or radio communication service to Subscriber’s Internet connection device which is compatible with ASN’s remote services. ASN will grant access to server permitting Subscriber to monitor the security system, access the system to arm, disarm and bypass zones on the system, view the remote video camera(s) and control other remote automation devices that may be installed. The remote services server is provided either by ASN or a third party. ASN shall install the camera(s) in a permissible legal location in Subscriber’s premises to permit Subscriber viewing. ASN shall have no responsibility for failure of data transmission, corruption or unauthorized access and shall not monitor or view the camera data.
WIRELESS AND INTERNET ACCESS CAPABILITIES: Subscriber is responsible for supplying high-speed Internet access and/or wireless services at Subscriber’s premises. ASN does not provide Internet service, maintain Internet connection, wireless access or communication pathways, computer, smart phone, electric current connection or supply, or in all cases the remote video server. In consideration of Subscriber making its monthly payments for remote access to the system ASN will authorize Subscriber access. ASN is not responsible for Subscriber’s access to the Internet or any interruption of service or down time of remote access caused by loss of Internet service, radio or cellular or any other mode of communication used by Subscriber to access the system. Subscriber acknowledges that Subscriber's security system can be compromised if the codes or devices used for access are lost or accessed by others and ASN shall have no liability for such third party unauthorized access. ASN is not responsible for the security or privacy of any wireless network system or router. Wireless systems can be accessed by others, and it is the Subscriber's responsibility to secure access to the system with pass codes and lock out codes.
ACCESS CONTROL SYSTEM OPERATION AND LIMITATIONS: If selected as a service to be provided and included in the Schedule of Equipment, Access Control equipment shall be connected to a computer supplied by the Subscriber and connected to Subscriber’s computer network. If data storage or backup is selected service ASN or its designee shall store and /or backup data received from Subscriber’s system for a period of one year. ASN shall have no liability for data corruption or inability to retrieve data even if caused by ASN’s negligence. Subscriber’s data shall be maintained confidential and shall be retrieved and released only to Subscriber or upon Subscriber’s authorization or by legal process. Internet access is not provided by ASN and ASN has no responsibility for such access or IP address service. ASN shall have no liability for unauthorized access to the system through the Internet or other communication networks or data corruption or loss for any reason whatsoever.
ACCESS CONTROL ADMINISTRATION: If selected as a service to be provided, ASN will maintain the data base for the operation of the Access Control System. Subscriber will advise ASN of all change in personnel and or changes access levels of authorization and restrictions, providing Access card serial numbers or biometric data and such information that Subscriber deems necessary to identify personnel. All communication by Subscriber to ASN regarding personnel access must be in writing via email or fax to addresses designated by ASN. ASN shall have remote Internet access to the Subscriber’s designated access control computer to program and make data base updates to the system. Subscriber is responsible for maintaining its computer and computer network and Internet access
VIDEO SYSTEM OPERATION AND LIMITATIONS: If selected as a service to be provided and included in the Schedule of Equipment, Video equipment is attached to a digital recorder computer and Subscriber shall not use the computer for any other purpose. Subscriber shall be permitted to access and make changes to the system’s operation on site and over the internet. If data storage is selected service, ASN shall store data received from Subscriber’s system for one year. ASN shall have no liability for data corruption or inability to retrieve data even if caused by ASN’s negligence. Subscriber’s data shall be maintained confidential and shall be retrieved and released only to Subscriber or upon Subscriber’s authorization or by legal process. Telephone or internet access is not provided by ASN and ASN has no responsibility for such access or IP address service. If system has remote access ASN is not responsible for the security or privacy of any wireless network system or router, and it is the Subscriber’s responsibility to secure access to the system with pass codes and lock outs. ASN shall have no liability for unauthorized access to the system through the internet or other communication networks or data corruption or loss for any reason whatsoever.
STREAMING VIDEO DATA / CCTV: If selected as a service to be provided and included in the Schedule of Equipment, upon receipt of a video signal the video system is designed to activate in the central station and record video data reception, upon which, ASN or its designee central office, shall make every reasonable effort to notify Subscriber by email or alpha numeric page to a beeper or cell phone or hand held device so enabled, and the appropriate municipal police or fire department. Subscriber acknowledges that signals transmitted from Subscriber's premises directly to municipal police or fire departments or Subscriber’s internal security stations are not monitored by personnel of ASN or ASN’s designee central office and ASN does not assume any responsibility for the manner in which such signals are monitored or the response, if any, to such signals. Subscriber acknowledges that signals which are transmitted through the internet, over telephone lines, wire, air waves, cellular, radio, internet, VOIP, or other modes of communication pass through communication networks wholly beyond the control of ASN and are not maintained by ASN, except ASN may own the radio network, and ASN shall not be responsible for any failure which prevents transmission signals from reaching the central office monitoring center or damages arising therefrom, or for data corruption, theft or viruses to Subscriber’s computers if connected to the alarm communication equipment. Subscriber agrees to furnish ASN with a written list of names and telephone numbers of those persons Subscriber wishes to receive notification of signals. All changes and revisions shall be supplied to ASN in writing. Subscriber authorizes ASN to access the supervisory panel to input or delete data and programming. If Subscriber requests ASN to remotely activate or deactivate the system, change combinations, openings or closings, or re-program system functions, Subscriber shall pay ASN’s standard hourly rate for each such service. ASN may, without prior notice, suspend or terminate its services, in central station’s sole discretion, in event of Subscriber’s default in performance of this agreement or in event central station facility or communication network is nonoperational or Subscriber’s alarm system is sending excessive false alarms. Central station is authorized to record and maintain audio and video transmissions, data and communications, and shall be the exclusive owner of such property. All Subscriber information and data shall be maintained confidentially by ASN.
LIMITED WARRANTY ON SALE
In the event that any part of the security system becomes defective, or in the event that any repairs are required, ASN agrees to make all repairs and replacement of parts without costs to the Subscriber for a period of ninety (90) days from the date of installation. ASN reserves the option to either replace or repair the alarm equipment, and reserves the right to substitute materials of equal quality at time of replacement, or to use reconditioned parts in fulfillment of this warranty. This warranty does not include batteries, reprogramming, damage by lightning, electrical surge, wire or communication pathway interruption of service. ASN is not the manufacturer of the equipment and other than ASN’s limited warranty Subscriber agrees to look exclusively to the manufacturer of the equipment for repairs under its warranty coverage if any. Except as set forth in this agreement, ASN makes no express warranties as to any matter whatsoever, including, without limitation, the condition of the equipment, its merchantability, or its fitness for any particular purpose. ASN does not represent nor warrant that the security system may not be compromised or circumvented, or that the system will prevent any loss by burglary, hold-up, or otherwise; or that the system will in all cases provide the protection for which it is installed. ASN expressly disclaims any implied warranties, including implied warranties of merchantability or fitness for a particular purpose. The warranty does not cover any damage to material or equipment caused by accident, misuse, attempted or unauthorized repair service, modification, or improper installation by anyone other than ASN. ASN shall not be liable for consequential damages. Subscriber acknowledges that any affirmation of fact or promise made by ASN shall not be deemed to create an express warranty unless included in this contract in writing; that Subscriber is not relying on ASN's skill or judgment in selecting or furnishing a system suitable for any particular purpose and that there are no warranties which extend beyond those on the face of this agreement, and that ASN has offered additional and more sophisticated equipment for an additional charge which Subscriber has declined. Subscriber's exclusive remedy for ASN's breach of this contract or negligence to any degree under this contract is to require ASN to repair or replace, at ASN's option, any equipment which is non-operational. This warranty gives you specific legal rights and you may also have other rights which vary from state to state. If required by law, ASN will procure all permits required by local law and will provide certificate of workman's compensation prior to starting work.
GENERAL PROVISIONS
FIRE ALARMS: Unless the schedule of protection provides for a fire alarm system to code ASN makes no representation that the fire alarm equipment meets local code requirements or constitutes a fire alarm system as that term is defined by the Authority Having Jurisdiction [AHJ] over fire alarm systems in Buyer’s premises. If a fire alarm system to code is specified in the schedule of installation then ASN will install fire alarm equipment pursuant to AHJ requirements. Buyer agrees that any equipment required by the AHJ not specified in the schedule of installation shall be an extra to this contract to be paid for by Buyer at time said additional equipment is requested.
DELAY IN INSTALLATION: ASN shall not be liable for any damage or loss sustained by Subscriber as a result of delay in installation of equipment, equipment failure, or for interruption of service due to electric failure, strikes, walk-outs, war, acts of God, or other causes, including ASN's negligence in the performance of this contract. The estimated date work is to be substantially completed is not a definite completion date and time is not of the essence.
TESTING AND SERVICE OF SECURITY SYSTEM: Security System, once installed, is in the exclusive possession and control of the Subscriber, and it is Subscriber's sole responsibility to test the operation of the Security System and to notify ASN if it is in need of repair. All such repair or other service shall be governed by the terms of this contract. Only the Security Systems installed by ASN is covered by service. It shall be Subscriber's sole responsibility to maintain the security system.
CARE OF COMMUNICATION SYSTEM: Subscriber agrees not to tamper with, remove or otherwise interfere with the Communication System which shall remain in the same location as installed and Subscriber agrees to bear the cost of repairs or replacement made necessary as a result of any damage, including but not limited to damage caused by unauthorized intrusion to the premises, lightning or electrical surge, except for ordinary wear and tear, in which event repair or replacement to the Communication System (if installed by ASN) shall be made by ASN.
ALTERATION OF PREMISES FOR INSTALLATION: ASN is authorized to make preparations such as drilling holes, driving nails, making attachments or doing any other thing necessary in ASN's sole discretion for the installation and service of the security system, and ASN shall not be responsible for any condition created thereby as a result of such installation, service, or removal of the security system, and Subscriber represents that the owner of the premises, if other than Subscriber, authorizes the installation of the security system under the terms of this agreement.
SUBSCRIBER'S DUTY TO SUPPLY ELECTRIC AND TELEPHONE SERVICE: Subscriber agrees to furnish, at Subscriber's expense, all 110 Volt AC power, electrical outlet, ARC Type circuit breaker and dedicated receptacle, Internet connection, high speed broadband cable or DSL and IP Address, telephone hook-ups, RJ31x Block or equivalent, as deemed necessary by ASN.
LIEN LAW: ASN or any subcontractor engaged by ASN to perform the work or furnish material who is not paid may have a claim against purchaser or the owner of the premises if other than the purchaser which may be enforced against the property in accordance with the applicable lien laws.
INDEMNITY / WAIVER OF SUBROGATION RIGHTS / ASSIGNMENTS: Subscriber agrees to indemnify and hold harmless ASN, its employees, agents and subcontractors, from and against all claims, lawsuits, including those brought by third-parties or by Subscriber, including reasonable attorneys' fees and losses, asserted against and alleged to be caused by ASN's performance, negligence or failure to perform any obligation under this agreement. Parties agree that there are no third party beneficiaries of this contract. Subscriber on its behalf and any insurance carrier waives any right of subrogation Subscriber's insurance carrier may otherwise have against ASN or ASN's subcontractors arising out of this agreement or the relation of the parties hereto. Subscriber shall not be permitted to assign this agreement without written consent of ASN. ASN shall have the right to assign this contract and shall be relieved of any obligations herein upon such assignment.
EXCULPATORY CLAUSE: ASN and Subscriber agree that ASN is not an insurer and no insurance coverage is offered herein. The security equipment is designed to reduce certain risks of loss, though ASN does not guarantee that no loss will occur. ASN is not assuming liability, and, therefore shall not be liable to Subscriber for any loss, personal injury, data corruption or inability to retrieve data, or property damage sustained by Subscriber as a result of burglary, theft, hold-up, fire, equipment failure, smoke, or any other cause, whatsoever, regardless of whether or not such loss or damage was caused by or contributed to by ASN’s negligent performance, failure to perform any obligation or strict products liability. Subscriber releases ASN from any claims for contribution, indemnity or subrogation.
INSURANCE: The Subscriber shall maintain a policy of public liability, property damage, burglary and theft insurance under which ASN is named as additional insured. ASN shall not be responsible for any portion of any loss or damage which is recovered or recoverable by the Subscriber from insurance covering such loss or damage or for such loss or damage against which the Subscriber is indemnified or insured. Subscriber shall obtain insurance to cover any loss the security services are intended to detect to one hundred percent of the insurable value, and Subscriber and all those claiming rights under Subscriber waive all rights against ASN and its subcontractors for loss or damages caused by burglary, theft, water, smoke, fire or other perils intended to be detected by the security services or covered by insurance to be obtained by Subscriber, except such rights as they may have to the proceeds of insurance.
LIMITATION OF LIABILITY: Subscriber agrees that should there arise any liability on the part of ASN as a result of ASN's negligent performance to any degree of failure or perform any of ASN's obligations or equipment failure, or strict products liability, that ASN's liability shall be limited to the sum of $250.00 or 5% of the sales price or six times the monthly charges Subscriber has agreed to pay pursuant to this agreement, whichever is greater. If Subscriber wishes to increase ASN's amount of limitation of liability, Subscriber may, as a matter of right, at any time, by entering into a supplemental contract, obtain a higher limit by paying an annual payment consonant with ASN's increased liability. This shall not be construed as insurance coverage.
LIQUIDATED DAMAGES: The parties agree that in the event Subscriber suffers damages as a result of ASN's negligence to any degree or failure to perform any obligation, it would be impractical and extremely difficult to anticipate or fix actual damages. Therefore, Subscriber agrees that should there arise any liability on the part of ASN, Subscriber agrees to accept $250.00, or the amount provided for in paragraph 24, whichever is greater, as liquidated damages in complete satisfaction of such liability and ASN is released and discharged from any further liability.
LEGAL ACTION: The parties agree that due to the nature of the services to be provided by ASN, the monthly or other periodic payments to be made by the Subscriber for the term of this agreement form an integral part of ASN's anticipated profits; that in the event of Subscriber's default it would be difficult if not impossible to fix ASN's actual damages. Therefore, in the event Subscriber defaults in the payment of any charges to be paid to ASN, the balance of all payments for the entire term herein shall immediately become due and payable, and Subscriber shall be liable for 80% thereof as liquidated damages and ASN shall be permitted to terminate all its services under this agreement and to remotely re-program or delete any programming without relieving Subscriber of any obligation herein. In the event of termination or Subscriber's breach of this agreement, ASN may at its option either remove its Communication System or deem same sold to Subscriber for 80% of the amount specified as the value of the Communication System in addition to the liquidated damages provided for herein.
If ASN prevails in any litigation or arbitration between the parties, Subscriber shall pay ASN’s legal fees. In any action commenced by ASN against Subscriber, Subscriber shall not be permitted to interpose any counterclaim. The parties agree that they may bring claims against the other only in their individual capacity and not as a class action plaintiff or class action member in any purported class or representative proceeding. Any dispute between the parties or arising out of this contract, including issues of arbitrability, shall, at the option of any party, be determined by arbitration administered by Arbitration Services Inc., under its Arbitration Rules www.ArbitrationServicesInc.com. Service of process or papers in any legal proceeding or arbitration between the parties may be made by First-Class Mail delivered by the U.S. Postal Service addressed to the party's address in this agreement or another address provided by the party in writing to the party making service. Subscriber submits to the jurisdiction and laws of Michigan and agrees that any litigation or arbitration between the parties must be commenced and maintained in the county where ASN’s principal place of business is located. The parties waive trial by jury in any action between them. Any action by Subscriber against ASN must be commenced within one year of the accrual of the cause of action or shall be barred. All actions or proceedings against ASN must be based on the provisions of this agreement. Any other action that Subscriber may have or bring against ASN in respect to other services rendered in connection with this agreement shall be deemed to have merged in and be restricted to the terms and conditions of this agreement.
ASN'S RIGHT TO SUBCONTRACT SPECIAL SERVICES: Subscriber agrees that ASN is authorized and permitted to subcontract any services to be provided by ASN to third parties who may be independent of ASN, and that ASN shall not be liable for any loss or damage sustained by Subscriber by reason of fire, theft, burglary or any other cause whatsoever caused by the negligence of third parties, except that ASN shall not obligate Subscriber to make any payments to such third parties. Subscriber appoints ASN to act as Subscriber’s agent with respect to such third parties, except that ASN shall not obligate Subscriber to make any payments to such third parties. Subscriber acknowledges that this agreement, and particularly those paragraphs relating to ASN's disclaimer of warranties, exemption from liability, even for its negligence, limitation of liability and third party indemnification, inure to the benefit of and are applicable to any assignee, subcontractors and central offices of ASN.
NON-SOLICITATION: Subscriber agrees that it will not solicit for employment for itself, or any other entity, or employ, in any capacity, any employee of ASN assigned by ASN to perform any service for or on behalf of Subscriber for a period of two years after ASN has completed providing service to Subscriber. In the event of Subscriber's violation of this provision, in addition to injunctive relief, ASN shall recover from Subscriber an amount equal to such employee's salary based upon the average three months preceding employee's termination of employment with ASN, times twelve, together with ASN's counsel and expert witness fees.
FALSE ALARMS / PERMIT FEES: Subscriber is responsible for all alarm permits and fees, agrees to file for and maintain any permits required by applicable law and indemnify or reimburse ASN for any fines relating to permits or false alarms. ASN shall have no liability for permit fees, false alarms, false alarm fines, police or fire response, any damage to personal or real property or personal injury caused by police or fire department response to alarm, whether false alarm or otherwise, or the refusal of the police or fire department to respond. In the event of termination of police or fire response by the municipal police or fire department this contract shall nevertheless remain in full force and Subscriber shall remain liable for all payments provided for herein. Should ASN be required by existing or hereinafter enacted law to perform any service or furnish any material not specifically covered by the terms of this agreement, Subscriber agrees to pay ASN for such service or material.
FCRA: In compliance with the Fair Credit Reporting Act (“FCRA”), the Subscriber hereby authorizes ASN to obtain a consumer credit report. Subscriber has the right, by contacting the provider of this information, to dispute the information on the report or request additional disclosures as provided under Section 606 of the FCRA. Written request must be given from the Subscriber to ASN to request additional credit information. Subscriber releases all persons involved in the credit investigation from liability in connection with such investigation.
CREDIT INVESTIGATION: Subscriber and any guarantor authorize ASN to conduct credit investigations from time to time to determine Subscriber’s and guarantor’s credit worthiness.
SECURITY INTEREST/COLLATERAL: To secure Subscriber’s obligations under this agreement Subscriber grants ASN a security interest in the security equipment installed by ASN and ASN is authorized to file a financing statement.
FULL AGREEMENT / SEVERABILITY: This agreement along with the Schedule of Equipment and Services constitutes the full understanding of the parties and may not be amended, modified or canceled, except in writing signed by both parties, except ASN’s requirements regarding items of protection provided for in this agreement imposed by Authority Having Jurisdiction. Subscriber acknowledges and represents that Subscriber has not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set forth in this Agreement. Subscriber hereby waives all rights and remedies, at law or in equity, arising, or which may arise, as the result of Subscriber’s reliance on such representation, assertion, guarantee, warranty, collateral contract or other assurance. To the extent this agreement is inconsistent with any other document, agreement, purchase order or understanding between the parties, the terms of this agreement shall govern. Should any provision of this agreement be deemed void, the remaining parts shall not be affected.
CENTRAL OFFICE MONITORING SERVICES: Upon receipt of a signal from Subscriber’s alarm system, ASN or its designee central office shall make every reasonable effort to notify Subscriber and the appropriate municipal police or fire department. Subscriber acknowledges that signals transmitted from Subscriber's premises directly to municipal police or fire departments are not monitored by personnel of ASN or ASN's designee central office and ASN does not assume any responsibility for the manner in which such signals are monitored or the response, if any, to such signals. Subscriber acknowledges that signals which are transmitted over telephone lines, wire, air waves, internet, VOIP, radio or cellular, or other modes of communication pass through communication networks wholly beyond the control of ASN and are not maintained by ASN except ASN may own the radio network, and ASN shall not be responsible for any failure which prevents transmission signals from reaching the central office monitoring center or damages arising therefrom, or for data corruption, theft or viruses to Subscriber’s computers if connected to the alarm communication equipment. Subscriber agrees to furnish ASN with a written list of names and telephone numbers of those persons Subscriber wishes to receive notification of alarm signals. All changes and revisions shall be supplied to ASN in writing. Subscriber authorizes ASN to access the control panel to input or delete data and programming. If the equipment contains video or listening devices permitting central office to monitor video or sound then upon receipt of an alarm signal central office shall monitor video or sound for so long as central office in its sole discretion deems appropriate to confirm an alarm condition. If Subscriber requests ASN to remotely activate or deactivate the system, change combinations, openings or closings, or re-program system functions, Subscriber shall pay ASN’s standard hourly rate for each such service. ASN may, without prior notice, suspend or terminate its services, in central office’s sole discretion, in event of Subscriber’s default in performance of this agreement or in event central office facility or communication network is nonoperational or Subscriber’s alarm system is sending excessive false alarms. Central office is authorized to record and maintain audio and video transmissions, data and communications, and shall be the exclusive owner of such property. All Subscriber information and data shall be maintained confidentially by ASN.
SERVICE: Service, if included as a service to be provided, includes all parts and labor. ASN shall service upon Subscriber's request the security system installed in Subscriber's premises between the hours of 9 a.m. and 5 p.m. Monday through Friday, within reasonable time after receiving notice from Subscriber that service is required, exclusive of Saturdays, Sundays and legal holidays. All repairs, replacement or alteration to the security system made by reason of alteration to Subscriber's premises, or caused by unauthorized intrusion, lightning or electrical surge, or caused by any means other than normal usage, wear and tear, shall be made at the cost of the Subscriber. Batteries, electrical surges, lightning damage, obsolete components and components exceeding manufacturer’s useful life are not included in service and will be repaired or replaced at Subscriber’s expense. No apparatus or device shall be attached to or connect with the security system as originally installed without ASN's written consent.
SUBSCRIBER REMOTE ACCESS: If Remote Access and/or Remote Viewing is included in the schedule of equipment to be installed and services provided by ASN, the equipment will transmit data via Subscriber’s high speed Internet, cellular or radio communication service to Subscriber’s Internet connection device which is compatible with ASN’s remote services. ASN will grant access to server permitting Subscriber to monitor the security system, access the system to arm, disarm and bypass zones on the system, view the remote video camera(s) and control other remote automation devices that may be installed. The remote services server is provided either by ASN or a third party. ASN shall install the camera(s) in a permissible legal location in Subscriber’s premises to permit Subscriber viewing. ASN shall have no responsibility for failure of data transmission, corruption or unauthorized access and shall not monitor or view the camera data.
WIRELESS AND INTERNET ACCESS CAPABILITIES: Subscriber is responsible for supplying high-speed Internet access and/or wireless services at Subscriber’s premises. ASN does not provide Internet service, maintain Internet connection, wireless access or communication pathways, computer, smart phone, electric current connection or supply, or in all cases the remote video server. In consideration of Subscriber making its monthly payments for remote access to the system ASN will authorize Subscriber access. ASN is not responsible for Subscriber’s access to the Internet or any interruption of service or down time of remote access caused by loss of Internet service, radio or cellular or any other mode of communication used by Subscriber to access the system. Subscriber acknowledges that Subscriber's security system can be compromised if the codes or devices used for access are lost or accessed by others and ASN shall have no liability for such third party unauthorized access. ASN is not responsible for the security or privacy of any wireless network system or router. Wireless systems can be accessed by others, and it is the Subscriber's responsibility to secure access to the system with pass codes and lock out codes.
ACCESS CONTROL SYSTEM OPERATION AND LIMITATIONS: If selected as a service to be provided and included in the Schedule of Equipment, Access Control equipment shall be connected to a computer supplied by the Subscriber and connected to Subscriber’s computer network. If data storage or backup is selected service ASN or its designee shall store and /or backup data received from Subscriber’s system for a period of one year. ASN shall have no liability for data corruption or inability to retrieve data even if caused by ASN’s negligence. Subscriber’s data shall be maintained confidential and shall be retrieved and released only to Subscriber or upon Subscriber’s authorization or by legal process. Internet access is not provided by ASN and ASN has no responsibility for such access or IP address service. ASN shall have no liability for unauthorized access to the system through the Internet or other communication networks or data corruption or loss for any reason whatsoever.
ACCESS CONTROL ADMINISTRATION: If selected as a service to be provided, ASN will maintain the data base for the operation of the Access Control System. Subscriber will advise ASN of all change in personnel and or changes access levels of authorization and restrictions, providing Access card serial numbers or biometric data and such information that Subscriber deems necessary to identify personnel. All communication by Subscriber to ASN regarding personnel access must be in writing via email or fax to addresses designated by ASN. ASN shall have remote Internet access to the Subscriber’s designated access control computer to program and make data base updates to the system. Subscriber is responsible for maintaining its computer and computer network and Internet access
VIDEO SYSTEM OPERATION AND LIMITATIONS: If selected as a service to be provided and included in the Schedule of Equipment, Video equipment is attached to a digital recorder computer and Subscriber shall not use the computer for any other purpose. Subscriber shall be permitted to access and make changes to the system’s operation on site and over the internet. If data storage is selected service, ASN shall store data received from Subscriber’s system for one year. ASN shall have no liability for data corruption or inability to retrieve data even if caused by ASN’s negligence. Subscriber’s data shall be maintained confidential and shall be retrieved and released only to Subscriber or upon Subscriber’s authorization or by legal process. Telephone or internet access is not provided by ASN and ASN has no responsibility for such access or IP address service. If system has remote access ASN is not responsible for the security or privacy of any wireless network system or router, and it is the Subscriber’s responsibility to secure access to the system with pass codes and lock outs. ASN shall have no liability for unauthorized access to the system through the internet or other communication networks or data corruption or loss for any reason whatsoever.
STREAMING VIDEO DATA / CCTV: If selected as a service to be provided and included in the Schedule of Equipment, upon receipt of a video signal the video system is designed to activate in the central station and record video data reception, upon which, ASN or its designee central office, shall make every reasonable effort to notify Subscriber by email or alpha numeric page to a beeper or cell phone or hand held device so enabled, and the appropriate municipal police or fire department. Subscriber acknowledges that signals transmitted from Subscriber's premises directly to municipal police or fire departments or Subscriber’s internal security stations are not monitored by personnel of ASN or ASN’s designee central office and ASN does not assume any responsibility for the manner in which such signals are monitored or the response, if any, to such signals. Subscriber acknowledges that signals which are transmitted through the internet, over telephone lines, wire, air waves, cellular, radio, internet, VOIP, or other modes of communication pass through communication networks wholly beyond the control of ASN and are not maintained by ASN, except ASN may own the radio network, and ASN shall not be responsible for any failure which prevents transmission signals from reaching the central office monitoring center or damages arising therefrom, or for data corruption, theft or viruses to Subscriber’s computers if connected to the alarm communication equipment. Subscriber agrees to furnish ASN with a written list of names and telephone numbers of those persons Subscriber wishes to receive notification of signals. All changes and revisions shall be supplied to ASN in writing. Subscriber authorizes ASN to access the supervisory panel to input or delete data and programming. If Subscriber requests ASN to remotely activate or deactivate the system, change combinations, openings or closings, or re-program system functions, Subscriber shall pay ASN’s standard hourly rate for each such service. ASN may, without prior notice, suspend or terminate its services, in central station’s sole discretion, in event of Subscriber’s default in performance of this agreement or in event central station facility or communication network is nonoperational or Subscriber’s alarm system is sending excessive false alarms. Central station is authorized to record and maintain audio and video transmissions, data and communications, and shall be the exclusive owner of such property. All Subscriber information and data shall be maintained confidentially by ASN.
LIMITED WARRANTY ON SALE
In the event that any part of the security system becomes defective, or in the event that any repairs are required, ASN agrees to make all repairs and replacement of parts without costs to the Subscriber for a period of ninety (90) days from the date of installation. ASN reserves the option to either replace or repair the alarm equipment, and reserves the right to substitute materials of equal quality at time of replacement, or to use reconditioned parts in fulfillment of this warranty. This warranty does not include batteries, reprogramming, damage by lightning, electrical surge, wire or communication pathway interruption of service. ASN is not the manufacturer of the equipment and other than ASN’s limited warranty Subscriber agrees to look exclusively to the manufacturer of the equipment for repairs under its warranty coverage if any. Except as set forth in this agreement, ASN makes no express warranties as to any matter whatsoever, including, without limitation, the condition of the equipment, its merchantability, or its fitness for any particular purpose. ASN does not represent nor warrant that the security system may not be compromised or circumvented, or that the system will prevent any loss by burglary, hold-up, or otherwise; or that the system will in all cases provide the protection for which it is installed. ASN expressly disclaims any implied warranties, including implied warranties of merchantability or fitness for a particular purpose. The warranty does not cover any damage to material or equipment caused by accident, misuse, attempted or unauthorized repair service, modification, or improper installation by anyone other than ASN. ASN shall not be liable for consequential damages. Subscriber acknowledges that any affirmation of fact or promise made by ASN shall not be deemed to create an express warranty unless included in this contract in writing; that Subscriber is not relying on ASN's skill or judgment in selecting or furnishing a system suitable for any particular purpose and that there are no warranties which extend beyond those on the face of this agreement, and that ASN has offered additional and more sophisticated equipment for an additional charge which Subscriber has declined. Subscriber's exclusive remedy for ASN's breach of this contract or negligence to any degree under this contract is to require ASN to repair or replace, at ASN's option, any equipment which is non-operational. This warranty gives you specific legal rights and you may also have other rights which vary from state to state. If required by law, ASN will procure all permits required by local law and will provide certificate of workman's compensation prior to starting work.
GENERAL PROVISIONS
FIRE ALARMS: Unless the schedule of protection provides for a fire alarm system to code ASN makes no representation that the fire alarm equipment meets local code requirements or constitutes a fire alarm system as that term is defined by the Authority Having Jurisdiction [AHJ] over fire alarm systems in Buyer’s premises. If a fire alarm system to code is specified in the schedule of installation then ASN will install fire alarm equipment pursuant to AHJ requirements. Buyer agrees that any equipment required by the AHJ not specified in the schedule of installation shall be an extra to this contract to be paid for by Buyer at time said additional equipment is requested.
DELAY IN INSTALLATION: ASN shall not be liable for any damage or loss sustained by Subscriber as a result of delay in installation of equipment, equipment failure, or for interruption of service due to electric failure, strikes, walk-outs, war, acts of God, or other causes, including ASN's negligence in the performance of this contract. The estimated date work is to be substantially completed is not a definite completion date and time is not of the essence.
TESTING AND SERVICE OF SECURITY SYSTEM: Security System, once installed, is in the exclusive possession and control of the Subscriber, and it is Subscriber's sole responsibility to test the operation of the Security System and to notify ASN if it is in need of repair. All such repair or other service shall be governed by the terms of this contract. Only the Security Systems installed by ASN is covered by service. It shall be Subscriber's sole responsibility to maintain the security system.
CARE OF COMMUNICATION SYSTEM: Subscriber agrees not to tamper with, remove or otherwise interfere with the Communication System which shall remain in the same location as installed and Subscriber agrees to bear the cost of repairs or replacement made necessary as a result of any damage, including but not limited to damage caused by unauthorized intrusion to the premises, lightning or electrical surge, except for ordinary wear and tear, in which event repair or replacement to the Communication System (if installed by ASN) shall be made by ASN.
ALTERATION OF PREMISES FOR INSTALLATION: ASN is authorized to make preparations such as drilling holes, driving nails, making attachments or doing any other thing necessary in ASN's sole discretion for the installation and service of the security system, and ASN shall not be responsible for any condition created thereby as a result of such installation, service, or removal of the security system, and Subscriber represents that the owner of the premises, if other than Subscriber, authorizes the installation of the security system under the terms of this agreement.
SUBSCRIBER'S DUTY TO SUPPLY ELECTRIC AND TELEPHONE SERVICE: Subscriber agrees to furnish, at Subscriber's expense, all 110 Volt AC power, electrical outlet, ARC Type circuit breaker and dedicated receptacle, Internet connection, high speed broadband cable or DSL and IP Address, telephone hook-ups, RJ31x Block or equivalent, as deemed necessary by ASN.
LIEN LAW: ASN or any subcontractor engaged by ASN to perform the work or furnish material who is not paid may have a claim against purchaser or the owner of the premises if other than the purchaser which may be enforced against the property in accordance with the applicable lien laws.
INDEMNITY / WAIVER OF SUBROGATION RIGHTS / ASSIGNMENTS: Subscriber agrees to indemnify and hold harmless ASN, its employees, agents and subcontractors, from and against all claims, lawsuits, including those brought by third-parties or by Subscriber, including reasonable attorneys' fees and losses, asserted against and alleged to be caused by ASN's performance, negligence or failure to perform any obligation under this agreement. Parties agree that there are no third party beneficiaries of this contract. Subscriber on its behalf and any insurance carrier waives any right of subrogation Subscriber's insurance carrier may otherwise have against ASN or ASN's subcontractors arising out of this agreement or the relation of the parties hereto. Subscriber shall not be permitted to assign this agreement without written consent of ASN. ASN shall have the right to assign this contract and shall be relieved of any obligations herein upon such assignment.
EXCULPATORY CLAUSE: ASN and Subscriber agree that ASN is not an insurer and no insurance coverage is offered herein. The security equipment is designed to reduce certain risks of loss, though ASN does not guarantee that no loss will occur. ASN is not assuming liability, and, therefore shall not be liable to Subscriber for any loss, personal injury, data corruption or inability to retrieve data, or property damage sustained by Subscriber as a result of burglary, theft, hold-up, fire, equipment failure, smoke, or any other cause, whatsoever, regardless of whether or not such loss or damage was caused by or contributed to by ASN’s negligent performance, failure to perform any obligation or strict products liability. Subscriber releases ASN from any claims for contribution, indemnity or subrogation.
INSURANCE: The Subscriber shall maintain a policy of public liability, property damage, burglary and theft insurance under which ASN is named as additional insured. ASN shall not be responsible for any portion of any loss or damage which is recovered or recoverable by the Subscriber from insurance covering such loss or damage or for such loss or damage against which the Subscriber is indemnified or insured. Subscriber shall obtain insurance to cover any loss the security services are intended to detect to one hundred percent of the insurable value, and Subscriber and all those claiming rights under Subscriber waive all rights against ASN and its subcontractors for loss or damages caused by burglary, theft, water, smoke, fire or other perils intended to be detected by the security services or covered by insurance to be obtained by Subscriber, except such rights as they may have to the proceeds of insurance.
LIMITATION OF LIABILITY: Subscriber agrees that should there arise any liability on the part of ASN as a result of ASN's negligent performance to any degree of failure or perform any of ASN's obligations or equipment failure, or strict products liability, that ASN's liability shall be limited to the sum of $250.00 or 5% of the sales price or six times the monthly charges Subscriber has agreed to pay pursuant to this agreement, whichever is greater. If Subscriber wishes to increase ASN's amount of limitation of liability, Subscriber may, as a matter of right, at any time, by entering into a supplemental contract, obtain a higher limit by paying an annual payment consonant with ASN's increased liability. This shall not be construed as insurance coverage.
LIQUIDATED DAMAGES: The parties agree that in the event Subscriber suffers damages as a result of ASN's negligence to any degree or failure to perform any obligation, it would be impractical and extremely difficult to anticipate or fix actual damages. Therefore, Subscriber agrees that should there arise any liability on the part of ASN, Subscriber agrees to accept $250.00, or the amount provided for in paragraph 24, whichever is greater, as liquidated damages in complete satisfaction of such liability and ASN is released and discharged from any further liability.
LEGAL ACTION: The parties agree that due to the nature of the services to be provided by ASN, the monthly or other periodic payments to be made by the Subscriber for the term of this agreement form an integral part of ASN's anticipated profits; that in the event of Subscriber's default it would be difficult if not impossible to fix ASN's actual damages. Therefore, in the event Subscriber defaults in the payment of any charges to be paid to ASN, the balance of all payments for the entire term herein shall immediately become due and payable, and Subscriber shall be liable for 80% thereof as liquidated damages and ASN shall be permitted to terminate all its services under this agreement and to remotely re-program or delete any programming without relieving Subscriber of any obligation herein. In the event of termination or Subscriber's breach of this agreement, ASN may at its option either remove its Communication System or deem same sold to Subscriber for 80% of the amount specified as the value of the Communication System in addition to the liquidated damages provided for herein.
If ASN prevails in any litigation or arbitration between the parties, Subscriber shall pay ASN’s legal fees. In any action commenced by ASN against Subscriber, Subscriber shall not be permitted to interpose any counterclaim. The parties agree that they may bring claims against the other only in their individual capacity and not as a class action plaintiff or class action member in any purported class or representative proceeding. Any dispute between the parties or arising out of this contract, including issues of arbitrability, shall, at the option of any party, be determined by arbitration administered by Arbitration Services Inc., under its Arbitration Rules www.ArbitrationServicesInc.com. Service of process or papers in any legal proceeding or arbitration between the parties may be made by First-Class Mail delivered by the U.S. Postal Service addressed to the party's address in this agreement or another address provided by the party in writing to the party making service. Subscriber submits to the jurisdiction and laws of Michigan and agrees that any litigation or arbitration between the parties must be commenced and maintained in the county where ASN’s principal place of business is located. The parties waive trial by jury in any action between them. Any action by Subscriber against ASN must be commenced within one year of the accrual of the cause of action or shall be barred. All actions or proceedings against ASN must be based on the provisions of this agreement. Any other action that Subscriber may have or bring against ASN in respect to other services rendered in connection with this agreement shall be deemed to have merged in and be restricted to the terms and conditions of this agreement.
ASN'S RIGHT TO SUBCONTRACT SPECIAL SERVICES: Subscriber agrees that ASN is authorized and permitted to subcontract any services to be provided by ASN to third parties who may be independent of ASN, and that ASN shall not be liable for any loss or damage sustained by Subscriber by reason of fire, theft, burglary or any other cause whatsoever caused by the negligence of third parties, except that ASN shall not obligate Subscriber to make any payments to such third parties. Subscriber appoints ASN to act as Subscriber’s agent with respect to such third parties, except that ASN shall not obligate Subscriber to make any payments to such third parties. Subscriber acknowledges that this agreement, and particularly those paragraphs relating to ASN's disclaimer of warranties, exemption from liability, even for its negligence, limitation of liability and third party indemnification, inure to the benefit of and are applicable to any assignee, subcontractors and central offices of ASN.
NON-SOLICITATION: Subscriber agrees that it will not solicit for employment for itself, or any other entity, or employ, in any capacity, any employee of ASN assigned by ASN to perform any service for or on behalf of Subscriber for a period of two years after ASN has completed providing service to Subscriber. In the event of Subscriber's violation of this provision, in addition to injunctive relief, ASN shall recover from Subscriber an amount equal to such employee's salary based upon the average three months preceding employee's termination of employment with ASN, times twelve, together with ASN's counsel and expert witness fees.
FALSE ALARMS / PERMIT FEES: Subscriber is responsible for all alarm permits and fees, agrees to file for and maintain any permits required by applicable law and indemnify or reimburse ASN for any fines relating to permits or false alarms. ASN shall have no liability for permit fees, false alarms, false alarm fines, police or fire response, any damage to personal or real property or personal injury caused by police or fire department response to alarm, whether false alarm or otherwise, or the refusal of the police or fire department to respond. In the event of termination of police or fire response by the municipal police or fire department this contract shall nevertheless remain in full force and Subscriber shall remain liable for all payments provided for herein. Should ASN be required by existing or hereinafter enacted law to perform any service or furnish any material not specifically covered by the terms of this agreement, Subscriber agrees to pay ASN for such service or material.
FCRA: In compliance with the Fair Credit Reporting Act (“FCRA”), the Subscriber hereby authorizes ASN to obtain a consumer credit report. Subscriber has the right, by contacting the provider of this information, to dispute the information on the report or request additional disclosures as provided under Section 606 of the FCRA. Written request must be given from the Subscriber to ASN to request additional credit information. Subscriber releases all persons involved in the credit investigation from liability in connection with such investigation.
CREDIT INVESTIGATION: Subscriber and any guarantor authorize ASN to conduct credit investigations from time to time to determine Subscriber’s and guarantor’s credit worthiness.
SECURITY INTEREST/COLLATERAL: To secure Subscriber’s obligations under this agreement Subscriber grants ASN a security interest in the security equipment installed by ASN and ASN is authorized to file a financing statement.
FULL AGREEMENT / SEVERABILITY: This agreement along with the Schedule of Equipment and Services constitutes the full understanding of the parties and may not be amended, modified or canceled, except in writing signed by both parties, except ASN’s requirements regarding items of protection provided for in this agreement imposed by Authority Having Jurisdiction. Subscriber acknowledges and represents that Subscriber has not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set forth in this Agreement. Subscriber hereby waives all rights and remedies, at law or in equity, arising, or which may arise, as the result of Subscriber’s reliance on such representation, assertion, guarantee, warranty, collateral contract or other assurance. To the extent this agreement is inconsistent with any other document, agreement, purchase order or understanding between the parties, the terms of this agreement shall govern. Should any provision of this agreement be deemed void, the remaining parts shall not be affected.
SALES 800.808.4472 / SUPPORT 248.276.0300 |
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