IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN,
THE PARTIES AGREE AS FOLLOWS:
1. MONITORING SERVICES: In consideration of a monthly service charge (to be determined based on type and
zones in accordance with Town’s fee schedule) the Town will provide monitoring
of the Alarm System installed at the above premises owned or occupied by
Subscriber. Subscriber represents they
operate and maintain the Alarm System at the premises, which has been installed
by an independent third party installer company (“Installer”), and have
requested alarm monitoring services. The monitoring service provided by Town
does NOT include: flood or water flow signals, air conditioning/heating
sensors, wine room alarms, gun safes or maintenance trouble signals. The Town’s monitoring service provides
dispatch of first responders to fire, medical, panic and burglary signals.
Subscriber acknowledges and agrees that the Town is
authorized and permitted to utilize a subcontracted monitoring service provider
(“Subcontractor Provider”) to host receivers and other equipment to receive the
signal from Subscriber’s Alarm System and electronically transmit the signal to
Town equipment and to perform data entry of Customer data and information. Upon
receipt of the signal, the Town shall make every reasonable effort to alert
necessary police, fire or emergency medical personnel (hereinafter collectively
referred to as “First Responders”) to respond depending upon the type of signal
received. If, based on the professional
opinion of the responding First Responders there is no emergency or no action
is needed, the Town will make reasonable efforts to notify Subscriber by phone
or by other reasonable means. Subscriber
agrees that not all signals require alerting First Responders, and agrees that
no response shall be required for, among other signals, loss or trouble of
communication pathway, trouble or low battery signals, and interior door opens
& closes.
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 the Town and/or
Subcontractor Provider and are not maintained by the Town or Subcontractor
Provider and therefore the Town and Subcontractor Provider shall not be
responsible for any failure which prevents transmission signals from reaching
the Town or Subcontractor Provider or damages arising therefrom, or for data
corruption, theft or viruses to Subscriber’s computers if connected to the
Alarm System communication equipment.
Subscriber agrees to furnish the Town with a written Call
List of names and telephone numbers of those persons Subscriber wishes to
receive notification of alarm signals and/or are authorized to enter the
premises. The Town will make a reasonable effort to contact the first
person reached or notified on the list either via telephone call. No more
than one call to the list shall be required and any form of notification,
including leaving a message on an answering machine or text message, shall be
deemed reasonable compliance with Town’s notification obligation. All changes and revisions to the Call List shall
be supplied to Town in writing.
Town may, without prior notice, suspend or terminate its
services to any or all Subscribers, in Town’s sole discretion, including in the
event of Subscriber’s default in performance of this agreement or in event
Town’s or Subcontractor Provider’s facility or communication network is
nonoperational or Subscriber’s alarm system is sending excessive false alarms.
Town 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 Town.
Electronic data may not be encrypted and wireless components of the
security system may not meet Advanced Encryption Standard specifications for
encryption of electronic data established by the US National Institute of
Standards and Technology and Town shall have no liability for access to the
security system by others.
2. COMMENCEMENT: This agreement shall
commence upon Subscriber providing Town with: i) this agreement executed by
Subscriber, ii) Subscriber’s completed Call List; iii) Subscriber’s data being
received and input in Town’s and/or Subcontractor Provider’s electronic
records, iv) alarm system details including and identifying all zones and types
of signals programmed by Installer, and v) confirmed test signals for every
zone and type of signal communicating with Town.
3. TERM OF AGREEMENT / TERMINATION: Subscriber and Town agree
the alarm monitoring service is contracted for on a monthly basis, and automatically renews itself from month to month unless
either party gives written notice to the other of their intention not to renew
the agreement at least thirty (30) days before the desired termination date.
If Subscriber is in default for a period of thirty (30)
or more days from the due date of any payment of the monitoring, or fails to
abide to Subscriber’s obligations and responsibilities in this agreement, Town
may, at its option and in its sole discretion, terminate all monitoring
services provided under this agreement without further notice.
4. PAYMENT: Each dwelling located on the premises will be
charged separately and requires a separate agreement. Billing will be on a monthly basis and
Subscriber will be billed for each monitoring fee in arrears. Payment is due by the 20th day of
the succeeding month, and any payment made after the 20th day will be increased
by the sum of $5.00 as a late payment charge to cover Town's administrative
costs resulting from such delinquency.
Town may increase the monthly monitoring fees upon thirty (30) days’
written notice to Subscriber stating the new monthly fee. Subscriber
acknowledges and agrees the monitoring fee is strictly for the monitoring
service provided by Town. Additional
fees and charges, including any charges assessed by the telephone company to
Town, Subcontractor Provider or Subscriber are the responsibility of the
Subscriber.
5. WIRELESS AND INTERNET ACCESS
CAPABILITIES: The
Town 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. Subscriber is responsible for supplying high speed internet access
and/or wireless services at Subscriber’s premises or to Subscriber’s mobile
device, as necessary or desire. The Town 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. The Town is not responsible for data
changes made by Installer or Subscriber or inaccurate data entry relied upon by
Town when responding to alarm signals.
6. ADDITIONAL TERMS AND CONDITIONS:
False Alarms. Subscriber acknowledges receipt of a copy of
this agreement and a copy of Article 9-3 of the Code of Ordinances of the Town
of Paradise Valley, relating to alarm systems. Subscriber will assume all
financial responsibility for assessments by Town for excessive false alarms,
assessed under Article 9-3, as may be amended from time to time.