-The Client acknowledges and agrees that ALARMTEK will verify or attempt to verify alarm signals received from the premises before dispatching services, with the exception of Commercial Fire Alarms. ALARMTEK shall not be held liable for any loss, damage, or personal injury sustained due to such verification or attempted verification.
-The Client agrees to pre-pay for all services provided under this agreement. This agreement shall be in effect for an initial term of 60 months unless otherwise specified in the Payment Term field of the work order agreement and will auto renew on a month-to month basis thereafter unless cancelled or a new agreement is signed.
-The Client understands that all equipment installed by ALARMTEK on the premises is considered leased. Ownership of the equipment shall only transfer to the Client upon receiving written consent from ALARMTEK.
-The Client authorizes ALARMTEK to initiate automatic bank withdrawals for the amount stipulated above and provides a voided cheque to confirm the correct bank and account number. If invoicing is in advance for monitoring, more than one payment may be withdrawn on the first withdrawal if the Client is on a monthly billing cycle.
-The Client acknowledges that if they default on a payment during the initial term, any outstanding monitoring fees, up to and including the balance of the contract, will be deducted from their credit card.
-The Client authorizes ALARMTEK Inc. to obtain personal credit reports from credit bureaus for the purpose of approving and accepting their application.
-The Client is responsible for providing and maintaining a reliable, broadband Internet connection at the premises in order for the services to function properly. The Client acknowledges that the performance of the System, including but not limited to alarm signal transmission and video transmission, is dependent on the quality and reliability of the Client’s Internet connection. It is the Client’s responsibility to ensure that the Internet connection meets the minimum requirements as specified by ALARMTEK and to promptly address any connectivity issues that may arise. ALARMTEK shall not be held liable for any loss, damage, or personal injury sustained due to the Client’s failure to maintain a reliable, broadband Internet connection.
IMPORTANT: This Agreement automatically renews on a month-to-month basis unless cancelled in writing. See Section 14 for details.
1. RESTOCKING FEES
1.1 Restocking Fees within First 30 Days-If, for any reason, the equipment needs to be removed within the first 30 days of installation with management approval, a 25% restocking fee will be applied to the cost of the equipment. The Client shall be responsible for paying the restocking fee in addition to any other financing fees or penalty that may be charged to AlarmTek by its financing partners as a result of early cancellation of the financing agreement.
1.2 Restocking Fees after 30 Days -If the equipment needs to be removed after the initial 30-day period with management approval, a 50% restocking fee will be applied to the cost of the equipment. The Client shall be responsible for paying the restocking fee in addition to any other financing fees or penalty that may be charged to AlarmTek by its financing partners because of early cancellation of the financing agreement. The Client shall be responsible for paying the restocking fee in addition to any other fees associated with the removal of the equipment.
1.3 Restocking fees are non-negotiable and are applicable regardless of the reason for the removal of the equipment. The Client acknowledges and agrees that restocking fees are necessary to cover ALARMTEK’s costs associated with the removal, handling, and restocking of the equipment. These fees are disclosed in advance and comply with Florida consumer protection laws.
2. ALARMTEK MONITORING
2.1 ALARMTEK shall provide signal receiving and notification services 24 hours a day, 365 days a year. In the event an alarm registers at The Monitoring Centre, ALARMTEK will immediately notify the local Police or private emergency response agency, Fire department, and/or other parties specified by the Client.
2.2 The Client understands and agrees that ALARMTEK shall not be held liable for any loss, damage, or personal injury incurred by the Client arising from the failure of any Police Department or other emergency service agency to respond to an alarm reported by ALARMTEK. This provision does not affect the generality of the other provisions of this agreement.
2.3 ALARMTEK is not responsible for communication faults between the Client’s premises and The Monitoring Centre or for failure to detect as a result of communication trouble or for any other faults or failures to detect or verify an alarm signal received arising due to any cause beyond ALARMTEK’s control, including but not limited to acts of God, such as lightning, snow, rain, and wind.
2.4 The Client acknowledges that an alarm signal will not reach The Monitoring Centre in the event of a communication service outage for any reason, including tampering with telephone or internet transmission lines or devices. It is the Client’s responsibility to periodically test the System to reduce the risk of transmission failure of signals from the System to The Monitoring Centre. The Client acknowledges that the possibility of communication service failure may be materially reduced by acquiring a dedicated supervised communication service at an additional cost, rather than relying on a common telephone line, internet connection, or cellular service, which are more readily compromised.
2.5 CUSTOMER ALSO ACKNOWLEDGES THAT IF CUSTOMER REPLACES ITS EXISTING TELEPHONE SERVICE WITH ANY FORM OF INTERNET PROTOCOL TELEPHONY SERVICE (COMMONLY REFERRED TO AS VOICE OVER INTERNET PROTOCOL TELEPHONE, OR “VOiP”) AN ALARM SIGNAL WILL NOT REACH THE ALARMTEK MONITORING CENTRE.
2.6 The Client also understands and acknowledges that if the System uses a digital communicator for communication with The Monitoring Centre, the System may not be able to transmit alarm signals to The Monitoring Centre through VoIP without further
modification.
2.7 The Client is responsible for providing and maintaining a reliable, broadband Internet connection at the premises in order for the services to function properly. The Client acknowledges that the performance of the System, including but not limited to alarm
signal transmission and video transmission, is dependent on the quality and reliability of the Client’s Internet connection. It is the Client’s responsibility to ensure that the Internet connection meets the minimum requirements as specified by ALARMTEK and to promptly address any connectivity issues that may arise. ALARMTEK shall not be held liable for any loss, damage, or personal injury sustained due to the Client’s failure to maintain a reliable, broadband Internet connection.
3. VIDEO TRANSMISSION AND LIABILITY
3.1 The Client acknowledges and agrees that ALARMTEK is not responsible for any clip loss, video loss, or any other issues related to video transmission or storage, for any reason whatsoever, including but not limited to technical failures, equipment malfunction, or communication faults between the Client’s premises and The Monitoring Centre.
3.2 ALARMTEK shall not be held liable for any loss, damage, or personal injury incurred by the Client as a result of clip loss, video loss, or any other issues related to video transmission or storage. The Client is responsible for regularly checking and maintaining the proper functioning of their video equipment and reporting any issues to ALARMTEK for prompt resolution.
3.3 The Client understands that the quality of video transmission and storage may be affected by various factors, including but not limited to the quality of the Client’s Internet connection, bandwidth limitations, and equipment compatibility. ALARMTEK does not guarantee the quality, accuracy, or completeness of any video data transmitted or stored as part of the services provided under this agreement.
4. INTERNET COMMUNICATION AND INTERACTIVE MODULES AND SERVICES.
4.1 It is the responsibility of the customer to maintain a functioning, wired broadband internet connection that is capable of supporting an internet communication or interactive module.
4.2 AlarmTek is not obligated to provide any refund of services at any time.
4.3 AlarmTek will be held harmless if there is a failure to the broadband internet connection provided by the customer’s ISP (Internet service provider).
4.4 AlarmTek will be held harmless if there is a failure of the ISP or the customer’s internet equipment, such as a router, switch, etc.
4.5 If the customer cancels their internet service while subscribing to the interactive services or internet communication, they must provide notice to AlarmTek in writing 60 days prior to the disconnection date.
4.6 The customer understands that the disconnection of their broadband internet connections will result in the inability of the internet communication or the interactive module to function.
5. LIABILITY LIMITATION
5.1 ALARMTEK’s primary business is the monitoring of alarm systems, and it strives to provide the highest quality of service available. Both the Client and ALARMTEK recognize that, despite the best efforts of ALARMTEK to ensure the effectiveness of the system, the possibility of failure still exists. In this respect, the Client and ALARMTEK agree that ALARMTEK is not an insurer. The annual Client payments are for monitoring service only and must not be construed as an insurance premium.
5.2 To the maximum extent permitted by law, ALARMTEK shall not be liable for any claim, loss, damage, or expense, including, without limitation, any special, exemplary, punitive, indirect, or consequential damages of any kind, or any claim, loss, damage, or expense relating to personal injury of the Client or any employee, agent, or independent contractor of or with the Client, on whose behalf the Client hereby contracts as agent, arising either directly or indirectly from the provision of products and services hereunder, even if due to negligent performance (including gross negligence), fundamental breach of this agreement, or any other cause attributable to ALARMTEK, its employees, or authorized agents.
5.3 IF, NOTWITHSTANDING ANY OTHER PROVISIONS HEREOF, ANY LIABILITY IS IMPOSED ON ALARMTEK, THE CLIENT AGREES, TO THE EXTENT PERMITTED BY LAW, THAT ALARMTEK’S LIABILITY TO THE CLIENT SHALL BE LIMITED TO A SUM EQUAL TO TEN PERCENT (10%) OF THE ANNUAL MONITORING CHARGE OR FIVE HUNDRED DOLLARS ($500.00), WHICHEVER IS GREATER. This limitation of liability does not apply to damages resulting from AlarmTek’s gross negligence or willful misconduct.
5.4 The Client agrees to indemnify, defend, and hold harmless ALARMTEK and/or any representative alarm installing dealer with respect to any claim, loss, damage, or expense, including, without limitation, any claim by a third party arising in anyway hereunder. It is ALARMTEK’s recommendation that the Client obtain a separate policy to cover personal injury, property loss, or damage in this respect.
6. AUTOMATION DEVICE FAILURES
6.1 ALARMTEK shall not be liable for any loss, damage, or personal injury sustained by the Customer as a result of any failure of automation devices (Client acknowledges limitations and confirms understanding) i.e. garage door openers, door locks, and thermostats, that are connected to the alarm system or any other system installed by ALARMTEK.
6.2 The Customer agrees that it is their sole responsibility to maintain and operate all automation devices (Client acknowledges limitations and confirms understanding) in a safe and proper manner, according to manufacturer’s instructions or recommendations.
6.3 The Customer agrees to hold ALARMTEK harmless from any claims, damages, or expenses arising from the failure of any automation device, or any damage caused by the Customer’s misuse or improper maintenance of any automation device.
6.4 The Customer agrees to indemnify and hold ALARMTEK, its employees, agents, and subcontractors harmless from any and all claims, demands, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, arising from any failure of any automation device, or any damage caused by the Customer’s misuse or improper maintenance of any automation device.
6.5 ALARMTEK is not responsible for any modifications or alterations to any automation devices made by the Customer or any third party, including but not limited to modifications made to enable integration with the alarm system or any other system installed by
ALARMTEK.
6.6 The Customer acknowledges and agrees (Client acknowledges limitations and confirms understanding) that any automation devices, alarm system, or any other system installed by ALARMTEK may be subject to certain limitations or restrictions, including but not limited to the compatibility of the devices with the alarm system or any other system installed by ALARMTEK.
6.7 The Customer acknowledges and agrees (Client acknowledges limitations and confirms understanding) that any automation devices, alarm system, or any other system installed by ALARMTEK are not part of the monitoring service, and ALARMTEK is not responsible for monitoring the status or operation of any automation devices.
7. DIAMOND LEVEL WARRANTY
7.1 The Diamond Level Warranty covers trip fees and labor costs for service calls during the warranty period. This warranty is complimentary for the first year of service. After the first year, the Client will have the opportunity to continue with the Diamond Level Warranty for a fee or decline the services. The Diamond Level Warranty does not cover the cost of replacement or repair of lost or physically damaged equipment.
8. SPECIFIC LIMITATIONS
Without limiting the generality of the foregoing, AlarmTek specifically disclaims any Liability for:
a. Internet and Connectivity Issues: The Product relies on internet connectivity for live streaming, video retrieval, and data storage. AlarmTek shall not be responsible for any disruptions, delays, or outages in internet services that affect the functionality of the Product.
b. Video Recording and Quality: While the Product is designed to record and store high- qualityvideo content, AlarmTek cannot guarantee the accuracy, completeness, or quality of the recorded videos. Variations in video quality may occur due to factors beyond AlarmTek’s control, such as environmental conditions, camera specifications, and network limitations.
c. Data Loss or Corruption: AlarmTek takes reasonable measures to ensure data integrity and security. However, User acknowledges that data loss, corruption, or unauthorized access to stored videos may occur. AlarmTek shall not be liable for any such incidents, and it is the User’s responsibility to implement adequate data backup and security measures.
9. FORCE MAJEURE
9.1 AlarmTek shall not be liable for any failure to perform its obligations under this Clause if such failure is caused by circumstances beyond its reasonable control, including but not limited to acts of nature, strikes, labor disputes, equipment failure, government actions, or other events constituting force majeure.
10. INDEMNIFICATION
10.1 User agrees to indemnify and hold AlarmTek harmless from and against any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorney’s fees) arising out of or related to User’s use of the Product in violation of this Clause or any applicable laws or regulations.
11. SEVERABILITY
11.1 In the event that any provision of this Clause is found to be unenforceable or invalid under applicable law, the remaining provisions of this Clause shall remain in full force and effect.
12. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in the State of Florida.
13. CHANGES TO THE CLAUSE
13.1 AlarmTek reserves the right to modify or amend this Clause at any time without prior notice.
13.2 Users are encouraged to review this Clause periodically for updates and changes.
13.3 By using the AlarmTek Videotek Al Hub, User acknowledges that they have read, understood, and accepted the terms and limitations of this Clause. If User does not agree with any part of this Clause, they should refrain from using the Product.
14. CANCELLATION CLAUSE
14.1 Notice of Cancellation: Either party may cancel this agreement by providing a written notice at least 60 days before the scheduled renewal date.
14.2 Obligation to Pay Fees: Upon initiation of the cancellation process, the Client is required to pay all accrued fees up to and including the 60-day notice period. This includes, but is not limited to, legal fees, monitoring fees, and equipment fees.
14.3 Mode of Cancellation: All cancellation notices must be submitted in writing. Cancellations will not be accepted or processed if attempted via telephone.
14.4 Early Termination: In the event of a cancellation prior to the end of the term of the agreement, the Client will be responsible for paying 100% of the fees for the entire term of the agreement as stipulated at the time of signing.
14.5 Restocking Fees: In addition to the above, any applicable restocking fees as outlined in Section 9 will be enforced upon cancellation.
15. SERVICE CALLS
15.1 The Client acknowledges and agrees that service calls made by AlarmTek Smart Security may fall under several categories, including but not limited to: complimentary, warranty-related, billable, upgrades, moving uninstall, and moving reinstall.
15.2 Service Call Charges:
Complimentary and Warranty Calls: Certain service calls may be provided at no additional cost to the Client under specific conditions such as warranty coverage or promotional offers. These will be clearly communicated to the Client at the time the service call is scheduled.
15.3 Billable Service Calls: Any service calls that are determined to be outside the scope of complimentary or warranty coverage will be classified as billable. In such cases, the Client will be responsible for all associated fees, which will be communicated prior to the provision of services. If any issues are found during the service call that are deemed billable, the Client will be informed and invoiced accordingly.
15.4 Upgrades, Moving Uninstall, and Moving Reinstall: Services that involve upgrading existing equipment, uninstalling equipment for relocation, or reinstalling equipment at a new location will typically be billable unless otherwise stated. The Client will be notified of any applicable charges before these services are rendered.
15.5 Payment Authorization: The Client expressly authorizes AlarmTek to charge any fees associated with billable service calls to the payment method on file. In the event that a billable service is performed, the Client will be informed of the charges, and the corresponding amount will be automatically withdrawn.
15.6 Client Responsibility: It is the Clients responsibility to ensure that AlarmTek has the most current and accurate payment information. Failure to provide accurate payment details may result in delays or suspension of service. The Client agrees to address any disputes regarding service call charges within 30 days of the invoice date. After this period, all charges are considered final and non-contestable.
15.7 Service Call Scheduling and Cancellations: The Client may schedule service calls through AlarmTek’s customer service channels. In cases where a service call must be canceled or rescheduled, the Client agrees to provide at least 24 hours’ notice. Failure to do so may result in a cancellation fee, which will be billed to the Client.
16. LIABILITY
16.1 AlarmTek shall not be held liable for any loss or damage incurred by the Client as a result of delays or interruptions in service caused by factors outside the control of AlarmTek, including but not limited to force majeure events, third-party service interruptions, or Client non-compliance.
17. ADDITIONAL TERMS:
17.1 These service call terms are subject to the overall terms and conditions of the monitoring and service agreement. Any inconsistencies between this section and the main agreement will be governed by the main agreement.
17.2 Ownership Transfer (clarified for partial payments and early buyout options) of Security Equipment – Upon full payment of the total purchase price for the security equipment, either through a third party financing arrangement (including but not limited to Financeit) or through direct pre-payment (such as credit card, e-transfer, or cash) by the Customer, the ownership of said security equipment shall transfer to the Customer.
17.3 The transfer of ownership shall be effective immediately upon the completion of the final payment, at which point the Customer will hold all rights, title, and interest in the equipment.
17.4 Until such time as full payment is received, the equipment shall remain the property of AlarmTek Smart Security, and the Customer shall hold and use the equipment subject to the terms and conditions of this Agreement
18. FLORIDA LICENSING AND SUBCONTRACTOR COMPLIANCE
18.1 All installation and service work performed under this Agreement shall be conducted by individuals or entities licensed in accordance with Florida Statutes Chapter 489 Part II. AlarmTek shall maintain documentation of such licensing and provide it upon request.
18.2 If subcontractors are used, AlarmTek shall ensure that such subcontractors are properly licensed and trained per Florida law. Subcontractors must provide proof of compliance before performing any work and shall indemnify AlarmTek for any violations.
19. RIGHT TO CANCEL FOR UNSOLICITED SALES
19.1 If this Agreement was entered into through an unsolicited sales method (e.g., door-to-door or telemarketing), the Client has the right to cancel within three (3) business days of signing, without penalty.
