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HomeMy WebLinkAboutMonitoring Agreement - FIR Letters / Memos - 10/1/2004 EvI Tacoma, Washington 98466 nnc► ccc 7�IA AGREEMENT made this 5" day of / is between The e�y. works60w,11c NX (hereinafter called "The Company"), and 2- D N 5 - (hereinafter ks � called"Subscriber"). L The Company shall provide monitarfrlg service to the premises located at e — �� �) -� ) j which shtA�Ih ttte hllaeri®g as iadiatas:A. Response as described in paragraph 4 to signals receicM from the hx al '�,/�\fire ❑ Burglar ❑ other / alarm system owned or leased and maintained by Subscriber. iB Trammission equipment necessary to transmit signals from Subscriber's premises to The Company. C. lastaRation and maintenance of transmission equipment,subject to ordinary wear and tear,as described in paragraph 5. ❑ �Direcl ion to the mu ' ice,fire departure other agency as here noted ism ion a rat to t sigma rem Su ber's premises to the agency heron noted. n and Haar a of transmission t subiect to wear and tear,as described in paragraph 5. - L Sttbscr�er sftaN pay to The tornpany: \�Q A. Installation fee(plus Sales Tax if applicable)on execution of this Agreement= r] D. Monthly service charge(plus Sales Tax if applicable)payable monthly in advance by the tenth day.of each month during the term of this agreement. (prorated if first month is less than full month).The monthly service charge shall become due,and the monitoring service shag commerce.on the date of connection of the transmission equipment to the telephone lines of the Subscriber. If paid on a yearly basis the charge is subject tde DISCOUNT. $ -Z 2,9_57 per month or$ , 365_!��•7 O per year. ❑ C. Telep a ch s leued line service wNlbe billed to the y and the compaaty will in turn bill the subscriber as follows I all . char s s M th charges The S agrees tha y changes in barges will be ch he subscri .account as they occur. Subscriber shall also y all municipal state a federal taxes,fees,or assessments crow or hereafter applyin this service.Subscriber shall also pay any charges to the telephone company for transmission facilities in connection with the Subscribers monitoring service.Pas due accountswill be assessed late charges at a rate of 114%per month(18%per year). 3.Except as otherwise provided herein,this Agreement shall have an initial term of one year from the date of commencemeirt of the monitoring service as described above and shall be deemed automatically renewed on an annual basis thereafter epos the same terms and conditions unless either The Company or the Subscriber shall give written notice of cancellation to the other as least 30 days prior to the end of the initial term or any renewal term.Tice Company reserves the right to notify The Subscriber of changes in fees at least 45 days prior to end of initial term or any renewal term. 4.Upon receipt by The Company of a burglar alarm,at a residence,The Company will telephone the Subscriber's premises:(a)if an authorized person(as specifically designated)identifies himseff by an assigned passcard number and name,and reports that no assistance is required,The Company will record the alarm,but will not call the Police Department or other designated persons,and(b)if there is no answer or if there is a busy signal,or if any person answering does not identify himself with proper passcard number and name. The Company will telephone the Police Department and/or otters as specifically designated.Upon receipt by The Company of a burglar alarm signal at a commercial establishmad,The Company will telephone the Police Department or other designated persons,as authorized,without prior verification.Upon receipt of a fire alarm signal,The Company will notify the Fire Department and/car others as authorized, without prior verification. It is understood that The Company is not obligated under any circumstances to send any person to the premises of the subscriber in response to an alarm signal.The Company will use its best efforts to carry out its duties hereunder promptly,but shall not be responsible for delays or failure to respond by reason of busy telephone facilities,failure of telephone equipment or failure of telephone lines due to weather or other conditions,or otherwise for any conditions beyond the control of The Company. 5.The Company agrees to accept Subscriber initiated test alarm signals at least once every three months.The Company agrees that it will make all necessary repairs of the transmission equipment,in the case of ordinary wear and tear,at the expense of The Company,but in all other poses(including but not limited to,repairs or replacement resufting from destruction or damage for any reason whatsoever,whether or not beyond the control of the Subscriber)at the cost of the Subscriber.AN of the transmission equipment installed at the premises of the Subscriber shall at all times remain the sole personal pMgM!K of The Cam pany.The Company shall have the right upon reasonable notice to the Subscriber,to enter the premises of the Subscriber for the purpose of maintaining, servicing or replacing the transmission equipment and at the end of the term of this Agreement or any annual renewal term,or upon cancellation.to remove the equipment. 6.The Subscriber agrees that unless authorized by The Cw.pany.no person--:II be permitted to after.mumee or tarn ver warn E e trxn3missron and the Subscriber will at all times safeguard the equipment against loss and damage.The Subscriber shall not permit any device,contrivance or apparatus to be attached to the transmission equipment or any part thereof,except by the authorized agents of The company. 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Nltlitli/l Prek-IY.InOft,at 00 f of i ne t.QnrQan M,in me v.Y1.�Yfv tMMMM WjVMM WIItIGVUit�it v� t:.�• � %M or ODW=tam(a are so awanbaily dance ihai s is b continue se ' a for oama mmPRM °'° °s t be ur ailable.fl eo eaieceied The Company will refund b Subscriber any unused portgn of they racnK�es,to smn,w l r withaboever. f mothady Marge but shall have no ter 8 Upon a viotar m bythe Subscriber danycf the covenarbor agreompms herein sarmon eo,Tne Lvmpany may,Warm nonce,suspend an service nereunaer ems cn arL: :: � any e6uanooer we and remove am a of a is eaummeri from the Subscribers premises.but the removal or anv apoeralus a device.a rendwino same inoloerati_hre. shall not be held to caste a waiver d the rights of The Corhpahq b coaled d charges peen waned or thh mde r aexxubhg under this Agreemimt a Irs Apewed is not WON*eree of the S<rbsrx by the Subscriber,except With the WiM consent of The Cortrpanlr which The Company agrees b gram orb►m the rase d assigmmenl premises who shall assume it+fig as of the of the Subscriber hemw*r.ReWdless of any transfer of the SutecxWs premrses,the Sefeacnber shall remain fable for oblkjabw under tbis Apament uniii the end of the current farm d this AgndmenL 19.All MICE notices prorided for this Agreerment shall be deemed to h3wV give"at fire# e Wlhea mah7ed at ably geaaal or branch UnPoed States port office and addressed it to The Alarm Worts,N.W,350•GM Aveauo West,Tacearo.Wasbnnglon 9UH,and if to the Subscriber,at the address In parag►apb one hereof; provided, however,thof any notice of edtange of address shag be efleetive only upon receipt. 11.This Ag Mw9 shall be gohremed by the laws of the State of Washirip"wow giving dMd b principles of airhl6cts of law. 12(a)The Compaq does not guaariy or Warrargy that to hnondaimg shihrvrcae:arppbed will preyem burglary,ire or Other accurremas which the"service is designed to "cellar,or the oixsmpwces from such opcsirrerhces,and the Subscnber adahowledges that it is not wderahg ha this Agreemheni With the eocceptapdn that The will insure a reariburse the Subschber a any caber person for les9es from such occurrences the Subscriber agrees flat The Company w1 Nave no habdity for los,4 a damage ID property a la personal injury a death due b the faicse in transmission d an clam a for of servece because d(1)any failure d to Subscriber's atatln (2)any deft m a damped eq*meK device.WWhone liras a connection dyad(3)strives of The Company's empbyees or emtpteyees of ewers,riots,floods,fires, _.acb of God,or any other cam beyond the control of The Conhpany. - " (b)f The Company should reveMdm be found Mk for toss a damage to persons or property i respeove of the muse berme of act or negligent taiure to act of The Company,its empbpees or agents,or on sane oth of basis,the,Subscriber agrees go such lkbiiy isfimiled to a sun No b one year's se ww cfharge Or S2 M.wdhidever a Beata.The SeatCer ogees to and shave iodemr*and save harmless The Company ii empiopees and agents,fa and e*hsl any daims, suits,tomes,demands and expenses arising from any death of,or 0"to any person or property or any bss or darhage.for which The Compaq is not bathe or b the ebaeri any such Gains,suns.bow demands or expenses exceed the MM of The Compahfls I ty. (0 The Subscriber underslarrds that the basic fees to The Cammy are based upon the service to be provided.wslh due considwaliah to the scope d The CamparWs liabby and are not tabled b the value d the Subsaiber's property or Ice ptopeq of others Iocaled in.1 a StbsaiWs premises. THE ALA �N.W. S gy oy L64 �l rvia CJe4 5Ec/luttwrizeet onhce► Ar"I,M w. L , You,the ,may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction.