1. Customer may cancel this Agreement by returning all of the Equipment outlined in the Agreement within fifteen (15) days of the initial shipment date from PAI to Customer. The return package must be postmarked within 15 days of the original shipment date and returned postage paid to Protect America, Inc. 3800 Quick Hill Road, Building 1-100, Austin, Texas 78728. Equipment that is physically returned within the first three (3) days following the signing of the Agreement, postmarked date on package is within three (3) days following the signing of the Agreement or if Customer calls Protect America to cancel Agreement within the first three (3) days following the signing of the Agreement, Customer will not be held liable to the terms and conditions of the Agreement and all monies successfully charged will be refunded. Customers cancelling outside the three (3) days as described but within fifteen (15) days will be responsible for the monthly service rate collected at the time Agreement was signed and this service fee will not be refunded. In all cases previously stated, all Equipment outlined in the Agreement that is not returned will be billed to Customer. Protect America recommends all returns are sent with tracking in the event verification of the return is needed.
2. Fees and Electronic Funds Transfer Payment. Customer agrees to maintain an automatic bank debit payment or credit card payment arrangement with PAI for the entire term of the Agreement, including renewals. Customer authorizes PAI or its assignees to initiate debit entries monthly from Customer's depository account or credit card for current and any past due amounts. If PAI erroneously debits funds from Customer's approved account, Customer authorizes PAI or its assignees and successors to initiate necessary credit entries to rectify error. A late payment charge from the due date at the maximum rate authorized by law in your jurisdiction will be charged on any part of service fees unpaid for 10 days after it is due. Customer is liable for Monthly Service Fees whether Equipment is on line or not on line with the Monitoring Facility, as the Equipment provides value when not monitored.
3. Monitoring Service. Monitoring will be provided by PAI’s Monitoring Facility (the “Monitoring Facility”). When an alarm signal from the Equipment is received, the Monitoring Facility will attempt to telephone the proper law enforcement authorities or other emergency agency that Customer provided to PAI, as permitted by law, plus an Emergency Contact provided by Customer to PAI. PAI serves as an agent to the customer for the purposes of providing direction to the Monitoring facility. When an alarm signal from the Equipment is received, the Monitoring Facility will attempt to telephone the proper law enforcement authorities or other emergency agency that Customer provided to PAI, as permitted by law, plus an Emergency Contact provided by Customer to PAI. To avoid false alarms, the Monitoring Facility may contact Customer’s premises first to determine if an actual emergency exists before calling any emergency agency. If the Monitoring Facility has reason to believe that no actual emergency exists, it may choose not to place such notification calls. Additionally, if the proper user code is entered in the Equipment within sixty (60) seconds of alarm activation, an abort code will be sent to the Monitoring Facility. In such instance, the Monitoring Facility may, but is not required to, notify Customer’s premise, any emergency agency or Emergency Contact. PAI may modify or discontinue any particular response service or notification procedures due to governmental or insurance requirements.
Customer acknowledges and agrees that both Customer and PAI are required to comply with all laws, rules and regulations regarding monitoring and alarm response enacted or adopted by the governmental authorities having jurisdiction over Customer's premises. If such governmental agencies, now or in the future requires physical or visual verification or multi-telephone verification (e.g. two-call verification) of an emergency condition before responding to a request for assistance, PAI may, without notice, modify its monitoring procedures to comply with such requirements, and Customer may be required to pay an additional monthly fee in addition to the current monthly fee.
3.1 SOME MUNICIPALITIES REQUIRE AN ALARM PERMIT AND MAY NOT DISPATCH EMERGENCY PERSONNEL IF THE PROPER PERMIT(S) IS NOT OBTAINED. SOME MAY REQUIRE THE PERMIT TO BE ON FILE BEFORE DISPATCHING EMERGENCY PERSONNEL. SOME JURISDICTIONS REQUIRE THAT THE ALARM PERMIT BE OBTAINED PRIOR TO THE INSTALLATION AND ACTIVATION OF THE EQUIPMENT. CUSTOMER IS REQUIRED TO OBTAIN THE NECESSARY PERMIT(S) FROM THE LAW ENFORCEMENT AUTHORITY. IT IS CUSTOMER'S SOLE RESPONSIBILITY, TO OBTAIN, PAY FOR, AND MAINTAIN ALL NECESSARY PERMIT(S). Customer understands and agrees Customer shall be responsible for the acquiring and renewing all applicable licenses and permits as required by any and all governmental entities, as currently in force and maybe amended hereafter, in connection with the system and services. Customer is also responsible for providing Protect America with updated licenses and permit information as required by any and all governmental entities in connection with the system and services for the duration of this agreement as well as any and all continued service with Protect America. IF CUSTOMER FAILS TO MAINTAIN ANY REQUIRED LICENSES OR PERMIT(S), PAI WILL NOT BE HELD RESPONSIBLE FOR PERFORMING THE SERVICES AND MAY TERMINATE THE SERVICES WITHOUT NOTICE TO CUSTOMER. CUSTOMER ACCEPTS RESPONSIBILITY, AND WILL INDEMNIFY, DEFEND, PAY AND HOLD HARMLESS PAI, FOR ANY AND ALL FINES AND PENALTIES ASSOCIATED WITH USING THE SYSTEM WITHOUT THE PROPER PERMITS AND LICENSES. Upon commencement of monitoring, PAI will thoroughly instruct Customer in the proper use of the Equipment provided by PAI.
Some municipalities require a third party, other than the law enforcement agency, to respond to alarm activations. PAI does not provide third-party alarm response service, unless a Rider is entered into in writing by Customer and PAI. It is the responsibility of Customer to obtain third party response where required and pay for any costs associated with third party services. Customer will provide in writing the third party emergency contact information to Monitoring Facility and PAI.
4. Limited Warranty. Equipment provided by PAI has a Limited Warranty. PAI warrants to Customer that Equipment provided by PAI is suitable for originating signals to the Monitoring Facility and will be free of defects in materials and workmanship. PAI will ship new or re-manufactured replacement parts for all defective security Equipment provided by PAI to Customer, at no charge for replacement parts. This warranty period will remain in effect for at least ninety (90) days or as long as Customer complies with the terms of this Agreement and the Equipment is monitored by PAI, whichever is longer. It is the responsibility of Customer to notify PAI of any defective part within ten (10) days of the malfunction and to return any defective part to PAI. To obtain Customer assistance Customer must call PAI at 800-951-5111. This Warranty does not cover damages as a result of any defect in or failure of Equipment due to any event or condition beyond PAI control, such as misuse, negligence, accident, theft or unexplained loss, fire, winds, acts of God, breakdown or communications controlled or regulated by any third party, failure on Customer's part to test Equipment monthly, ANY ALARM SYSTEM EQUIPMENT NOT PROVIDED BY PAI, any unauthorized repair or tampering, or in the event product is not used for its intended purposes. Equipment is designed to operate with the Monitoring Facility and may not work with other companies' services. Customer Assistance will be provided to Customer only if all monthly service and all other fees are current. PAI DOES NOT WARRANT THE FOLLOWING (1) THAT THE EQUIPMENT OR THE SERVICE WILL NOT BE DISABLED, COMPROMISED OR CIRCUMVENTED; (2) THAT THE EQUIPMENT OR SERVICE WILL PREVENT ANY LOSS OF PROPERTY OR PERSONAL INJURY BY BURGLARY, HOLD-UP, FIRE, MEDICAL PROBLEM OR OTHERWISE; OR (3) THAT THE EQUIPMENT AND SERVICE WILL IN ALL CASES PROVIDE THE DETECTION FOR WHICH IT IS INSTALLED. PAI'S SOLE OBLIGATION, AND CUSTOMER'S SOLE REMEDY UNDER THE WARRANTY, IS REPAIR OR REPLACEMENT OF THE EQUIPMENT AS PROVIDED IN THIS SECTION. Some jurisdictions do not allow the exclusion or the limitation of consequential or incidental damages or a limitation on the duration of implied warranties, and the above limitation and exclusions are void in those jurisdictions. The warranty gives specific legal rights and there may be other rights that vary by jurisdiction. You may wish to consult with your attorney if you have questions about the applicable warranties and remedies in your state.
5. Assignees / Contractors. PAI shall have the right to assign this Agreement to any other person, firm, corporation or entity without notice to Customer and shall have the further right to subcontract any monitoring service or other services which it may perform. Customer acknowledges this Agreement, and particularly those paragraphs relating to PAI's maximum liability, third party indemnification and warranty limitations, inure to the benefit of and are applicable to any assignees or subcontractors (including Monitoring Facility and Collection Agency) with the same force and effect as they bind Customer to PAI. Customer may not assign Customer's rights under this Agreement without PAI's written consent.
6. Limitation of Liability. CUSTOMER UNDERSTANDS THAT PAI IS NOT AN INSURER OF THE SAFETY OF CUSTOMER OR ANY PROPERTY. CUSTOMER AGREES TO OBTAIN, AT CUSTOMER'S SOLE COST AND EXPENSE, ANY INSURANCE COVERAGE CUSTOMER DESIRES TO HAVE TO INSURE AGAINST PERSONAL INJURY, PROPERTY LOSS OR DAMAGES AT THE PREMISES WHERE THE EQUIPMENT IS LOCATED. PAI SHALL NOT BE LIABLE FOR LOSS OR DAMAGE, RISK, INJURY, DEATH OR EFFECTS OF ANY HAZARD OR EVENT, PROPERTY LOSS OR DAMAGE DUE DIRECTLY OR INDIRECTLY TO ANY FAILURE TO DETECT OR AVERT AN OCCURRENCE OF AN EVENT THAT THE SERVICE IS DESIGNED TO DETECT OR AVERT.
6.1 IN NO EVENT OR FAILURE THEREOF SHALL PAI BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AS A RESULT OF THE DESIGN OR OPERATION OF THE EQUIPMENT OR FAILURE THEREOF OR NEGLIGENCE OF PAI'S MONITORING FACILITY, PAI'S AGENTS OR EMPLOYEES. THESE LIMITATIONS WILL APPLY TO ANY DAMAGES ARISING FROM ANY CLAIMS, INCLUDING, WITHOUT LIMITATION, CLAIMS IN CONTRACT, TORT, (INCLUDING GROSS NEGLIGENCE) AND STRICT LIABILITY EVEN IF PAI HAS BEEN ADVISED OF SUCH DAMAGES OR POTENTIAL THEREOF AND CUSTOMER AGREES TO AND SHALL RELEASE, INDEMNIFY, DEFEND, AND HOLD HARMLESS PAI, ITS EMPLOYEES AND AGENTS FOR AND AGAINST ALL SUCH CLAIMS, LAWSUITS AND LOSSES.
6.2 CUSTOMER ACKNOWLEDGES THAT IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO AFFIX THE ACTUAL DAMAGES, IF ANY, WHICH MAY PROXIMATELY RESULT FROM PAI'S NEGLIGENCE OR FAILURE TO PERFORM ANY OF THE OBLIGATIONS UNDER THIS AGREEMENT, OR THE FAILURE OF THE EQUIPMENT OR SERVICE TO PROPERLY OPERATE. NOTWITHSTANDING SECTION 6.1, SHOULD THERE ARISE ANY LIABILITY OF PAI, IRRESPECTIVE OF CAUSE OR ORIGIN, CUSTOMER AGREES THAT PAI'S LIABILITY TO CUSTOMER AND ALL OTHER PERSONS IS LIMITED TO AN AMOUNT EQUAL TO AND NOT EXCEED THIRTY-SIX MONTHS OF THE MONTHLY SERVICE FEE SPECIFIED ON THIS AGREEMENT. CUSTOMER FURTHER AGREES THAT THE AMOUNT STATED IN THIS SECTION 6.2 IS REASONABLE AND SHALL BE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY.
6.3 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
6.4 IF CUSTOMER WISHES PAI TO ASSUME A HIGHER LIMITATION OF LIABILITY AS SET FORTH ABOVE, CUSTOMER MAY OBTAIN FROM PAI A HIGHER LIMITATION OF LIABILITY PROVISION BY PAYING AN ADDITIONAL MONTHLY SERVICE FEE TO PAI AS MAY BE AGREED UPON BY PAI AND CUSTOMER. IF CUSTOMER ELECTS TO EXERCISE THIS OPTION, A RIDER SHALL BE ENTERED INTO IN WRITING BY CUSTOMER AND PAI SETTING FORTH THE TERMS, CONDITIONS AND THE AMOUNT OF THE HIGHER LIMITATION OF LIABILITY, AND THE ADDITIONAL MONTHLY CHARGE. SUCH RIDER AND ADDITIONAL OBLIGATION SHALL IN NO WAY BE INTERPRETED TO MAKE PAI AN INSURER.
6.5 Limitations on Actions, Waiver of Jury Trial. Arbitration. Please read this paragraph carefully, as it affects important legal rights, including rights you otherwise may have in court. PAI AND CUSTOMER AGREE TO ARBITRATE ANY AND ALL DISPUTES AND CLAIMS INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED ON OR ARISING FROM ANY ALLEGED TORT, OR ARISING OUT OF OR RELATING TO AGREEMENT EXCEPT FOR THE COLLECTION OF MONIES OWED BY CUSTOMER TO PAI UNDER THIS AGREEMENT.
Arbitration of any dispute or claim EXCEPT for collection of past due accounts needs to be arbitrated under the American Arbitration Association ("AAA") rules by the AAA or through another arbitration agency acceptable to both parties. The AAA rules and fee information are available from the AAA upon request. CUSTOMER IS RESPONSIBLE FOR THE PAYMENT OF ALL OF CUSTOMER'S COSTS AND EXPENSES IN CONNECTION WITH THE ARBITRATION, INCLUDING THE FILING FEE AND CUSTOMER'S COST OF TRAVELLING TO THE ARBITRATION SITE. UNLESS CUSTOMER AND PAI AGREE OTHERWISE IN WRITING, THE LOCATION OF THE ARBITRATION SHALL BE IN AUSTIN, TRAVIS COUNTY, TEXAS. UPON A WRITTEN REQUEST BY CUSTOMER, PAI WILL NOT UNREASONABLY DECLINE TO HOLD THE ARBITRATION IN A LOCATION OTHER THAN TRAVIS COUNTY, TEXAS THAT IS CONVENIENT TO CUSTOMER AND PAI.
Except where prohibited by law, PAI and Customer agree that no arbitrator has authority to (1) award relief in excess of what Agreement provides, (2) award punitive damages or any other damages not measured by prevailing party's actual damages, (3) commit errors of law or legal reasoning, or (4) order consolidation or class arbitration. The Arbitrator must give effect to the limitations on PAI's liability as set forth in this Agreement. Customer agrees that Customer and PAI are each waiving their respective rights of a trial by jury and Customer acknowledges that arbitration is final and binding and subject only to very limited review by a court. This arbitration provision does not apply to the collection of past due amounts owed by Customer to PAI. Both parties hereby agree that no suit or action that relates in any way to this Agreement (whether based upon contract, negligence or otherwise) shall be brought against the other more than two (2) years after the accrual of the cause of action therefrom. In addition, if arbitration is not available, both parties hereby waive any rights to a jury trial in any judicial action by either party which relates in any way to this Agreement, whether based upon contract, negligence or otherwise.
7. Indemnification. Customer shall release, defend, indemnify and hold PAI harmless from and against any and all claims or liability relating to design, installation, or operation of Equipment, performance of Service, any risks losses, damages, injuries, death or other effects of any hazard or event that Equipment or Service is intended to detect or avert, or any act or failure to act on Customers part, including payment of all damages, expenses, costs and attorney's fees, whether such claims or liability be based upon negligence, warranty or strict product liability on the part of PAI, its agents, servants, or employees. Customer shall indemnify, defend and hold harmless PAI, its employees and agents for and against all claims, lawsuits and losses that claim loss sustained by parties or entities other than parties to Agreement. This provision shall apply to all claims, lawsuits or damages caused by PAI's negligent performance whether active or passive and to all claims based on defects in design, installation, maintenance, monitoring, operation or non-operation of the Equipment, whether those claims be based upon negligence, gross negligence, warranty, or strict products liability on the part of PAI, its agents, servants or employees.
7.1 Waiver of Subrogation. To the extent permitted by law, the Customer hereby releases PAI, its officers, directors, employees and volunteers and others working on behalf of PAI from any and all liability or responsibility to the Customer or anyone claiming through or under the Customer by way of subrogation or otherwise, for any loss or damage to property caused by burglary, theft, fire or any other casualty, even if such burglary, theft, fire or other casualty shall have been caused by the fault or negligence of PAI, its officers, directors, employees or volunteers or others working on behalf of PAI. This provision shall be applicable and in full force and effect only with respect to loss of property or damage sustained occurring during the time of the Customer’s use or ownership of PAI products or services, and the Customer’s policies of insurance shall contain a clause or endorsement to the effect that such release shall not adversely affect or impair such policies or prejudice the right of the Customer to recover thereunder. The Customer agrees that its policies will include such a clause or endorsement.” Customer agrees to indemnify and hold PAI harmless, including reasonable attorneys' fees, from and against all claims, lawsuits and losses alleged to be caused by PAI’s negligent performance to any degree or failure to perform under this Agreement. The parties agree that there are no third party beneficiaries of this Agreement. Customer, on his/her behalf and on behalf of any insurance carrier hereby waives any right of subrogation Customer’s insurance carrier may otherwise have against PAI arising out of this Agreement or the relation of the parties hereto. Customer agrees that PAI is not an insurer and that no insurance coverage is offered herein. Payments by Customer are for a security system and monitoring designed to reduce certain risks of loss, though there are no guarantees that the security system or monitoring will reduce such risks or that no loss will occur. PAI does not assume responsibility and therefore PAI shall not be liable to Customer for any loss or damage suffered by Customer as a result of theft, burglary, hold-up, fire, smoke, equipment failure, failure of PAI, the Monitoring Facility or municipal authority to respond to signals, or any other cause whatsoever, regardless whether such loss or damage or personal injury was caused by or contributed to by PAI's negligent performance or failure to perform any obligations. Customer agrees that the security system and monitoring service are not designed or guaranteed to prevent loss by theft, burglary, hold-up, fire, illegal acts of third parties or any other loss. If, notwithstanding the terms of this Agreement there should arise any liability on the part of PAI as a result of their negligence to any degree or failure to perform any obligation or strict products liability, such liability shall be limited to$250. If Customer wishes to increase the limitation of liability, Customer may, as of right, by entering into a supplemental agreement, obtain a higher limit by paying an additional amount consistent with the increase in liability
8. Customer Emergency Contact Information. Customer is furnishing to PAI and will keep current Customer Emergency Contact Information and any changes in Customers local responder information such as police, fire or third-party responder agencies. Changes or additions to Customer Emergency Contact or local responder information shall be made by either written notice to PAI or Customer may request to update or change Customer Emergency Information by telephone providing Customer gives PAI their password. PAI, upon verbal receipt of password from Customer, is authorized by Customer to update or change Emergency Information. PAI will not be held responsible for the accuracy of these telephone numbers or the failure of Customer to update or provide correct numbers.
8.1 Customer authorizes PAI to release information about the Equipment and Customer Emergency Contact Information to the appropriate agencies. Customer releases PAI from any and all liability with respect to the accuracy or release of such information.
8.2 Monitoring Facility has no obligation to attempt to contact any emergency agency or person other than the agency or person names in Customer’s most recent Customer Emergency Contact Information or updated information provided by Customer to PAI. The Monitoring Facility and any subcontractors thereto are independent contractors to PAI, and there exists no partnership or joint venture of any kind by and between PAI and the Monitoring Facility. PAI provides no tools or equipment to the Monitoring Facility. CUSTOMER UNDERSTANDS THAT MONITORING FACILITY IS RESPONSIBLE ONLY FOR ATTEMPTING TO NOTIFY BY TELEPHONE THE PROPER AUTHORITIES OR EMERGENCY AGENCY OR OTHER PERSONS NAMES IN CUSTOMER’S EMERGENCY CONTACT INFORMATION. CUSTOMER UNDERSTANDS THAT PAI OR MONITORING FACILITY WILL NOT SEND PAI OR MONITORING FACILITY PERSONNEL TO CUSTOMER’S LOCATION IN RESPONSE TO ANY ALARM SIGNAL RECEIVED. CUSTOMER ALSO UNDERSTANDS THAT PAI OR MONITORING FACILITY DO NOT REPRESENT OR PROMISE THAT ANYONE TELEPHONED WILL RESPOND TO THE CALL, AND CUSTOMER RELEASES PAI AND MONITORING FACILITY FROM ANY RESPONSIBILITY OR LIABILITY FOR ANY FAILURE OR DELAY IN RESPONDING. PAI WILL NOT BE HELD RESPONSIBLE IN THE EVENT THEY ARE UNABLE TO NOTIFY EMERGENCY CONTACTS PROVIDED BY CUSTOMER.
8.3 Customer will indemnify, defend and hold harmless PAI from and against any responsibility or liability for payment of any fine, penalties or other charges for any false alarms or signals. If PAI reasonably determines that the Equipment is generating an excessive number of false alarms or signals, PAI may, after notice to Customer, require Customer to pay a surcharge fee if the false alarms or signals continue after such notice. If the false alarms or signals continue after such notice and imposition of a surcharge fee, PAI may terminate this Agreement after ten (10) days written notice to Customer. Customer authorizes PAI to temporarily disconnect the monitoring service for nuisance or safety reasons if PAI is unable to notify Customer or Customer's Emergency Contacts at the numbers submitted to PAI by Customer or if Customer or Customer's Emergency Contacts refuse or fail to arrive at Customer's location within a reasonable amount of time. ALL FINES, PENALTIES OR CHARGES FOR FALSE ALARMS OR SIGNALS SHALL BE THE SOLE RESPONSIBILITY OF CUSTOMER TO PAY.
9. Default / Termination. If Customer is in default of this Agreement for failure to pay any fees, charges or other amounts when due, or failure to perform any of the other Customer Obligations under this Agreement, and such default continues for ten (10) days after PAI gives Customer written notice, in addition to any other remedies provided by law, PAI may, by notice to Customer, without releasing Customer for payment of all the Monthly Monitoring Fees and any additional charges as contemplated by this Agreement, declare immediately due and payable an amount equal to all Monthly Monitoring Fees and other fees to be paid by Customer during the remaining term (initial or renewal) of this Agreement. If PAI's records indicate that Customer is past due or in default, PAI is authorized to seek collection of the past due account. Customer agrees to waive the applicable provisions of the Fair Debt Collection Practices Act by allowing and requesting PAI to contact Customer for the purposes of collecting a debt. PAI may transfer any past due account to an independent third party collection agency for the purpose of collecting a debt. Customer will be responsible for paying the remaining applicable balance owed under the Agreement. Customer acknowledges that any attempts to collect a debt by a third party collection agency are not to be attributed to PAI.
9.1 If Customer defaults with respect to payment of Monthly Monitoring Fees more than two (2) times in any calendar year, or monthly monitoring fee becomes sixty (60) days past due, then Customer agrees that PAI may terminate service and the remaining applicable balance of the Agreement will be immediately due and payable. PAI may draft Customer's account for the entire remaining balance, disconnect monitoring with prior notice or require Customer to pay yearly in advance for services. In addition, Customer agrees PAI will have no liability if disconnection occurs due to a past due balance or otherwise.
9.2 PAI may suspend or cancel this Agreement, without notice and without liability or penalty in the event the Monitoring Facility, the communications facilities connecting Customer's location to the Monitoring Facility, or other equipment are destroyed by fire, catastrophe or by any other means, or are so substantially damaged that it is impractical to continue service; or in the event that PAI is unable to either secure or retain the connections or privileges necessary for the transmission of signals between Customer's location and the Monitoring Facility and the law enforcement agency or other emergency contacts for any reason or cause whatsoever. PAI assumes no liability for the interruption of the service due to any cause and PAI will not be required to supply the Service to Customer while interruption of the Service for any cause continues and Customer is not entitled to any refund or credit of any charges for such interruption of service.
10. Installation Requirements and Customer Duties. Customer shall provide a hard-wired, single party phone line and phone jack, or broadband communicator, as applicable, and electrical outlet within five (5) feet of the location of the Command Station. Customer will follow all of PAI's instructions regarding installation, maintenance, testing and use of the Equipment, and Customer will not allow or permit alteration of the Equipment except in a manner approved in writing by PAI.
10.1 Customer agrees to pay all sales taxes, use taxes, goods and services taxes, property taxes, or other taxes in connection with Service including installation and monitoring of Equipment and sales of any additional equipment; all charges made by any telephone company, broadband service provider or other utility installation, leasing or service of the telephone network or broadband service, as applicable, connecting Customer location to the Monitoring Facility; any increase in electricity charges; or any building permit or other fees required under any ordinances or laws in order to install Equipment in Customer location.
10.2 Equipment is the property of Customer subject to the terms of this Agreement. The Equipment will be delivered to the address submitted by Customer and installed by Customer following the installation procedure approved by PAI. From time to time, PAI may suggest other resources and options to Customer in order to assist with the installation process. These alternative resources and options are not intended to be recommendations or obligations and are solely up to Customer discretion. Risk of loss of the Equipment, or any part of the same, shall pass to Customer upon shipment to Customer’s premises of the Equipment or part thereof.
10.3 PAI recommends regular testing, in accordance with the Instructions that Customer hereby acknowledges Customer has received from PAI, to ensure the system is functioning properly and the system is properly monitored.
11. Monitoring Communication. The Equipment includes a communicator that sends signals to the Monitoring Facility over Customer's telephone line, broadband service, or cellular network, as applicable. Customer acknowledges that signals are transmitted over the telephone, broadband, or cellular service provider's networks and are beyond the control of PAI and the Monitoring Facility. Customer acknowledges that if the telephone line, broadband service, or cellular network service is disconnected in any manner whatsoever, or not working for any reason, alarm signals cannot be transmitted to the Monitoring Facility. If the telephone, broadband, or cellular service is out of order, placed on vacation status or otherwise not working, signals cannot be transmitted and PAI will not know of the telephone, broadband, or cellular service problem. Customer agrees to reimburse PAI for any cost incurred by PAI to reprogram the communications device of the Equipment because of area code changes, other dialing pattern changes or other communication access changes.
11.1 Customer will pay for all telephone or broadband service charges including any installation fee for any special jack or other device to connect the system to Customer's telephone or broadband service. When the alarm is activated, Customer may be unable to use the telephone or broadband service to make other calls (such as calls to the 911 emergency operator). If the service is discontinued or Customer moves, it becomes the responsibility of Customer to call PAI so the communicator may be disabled from sending signals.
11.2 TAMPERING WITH OR DISRUPTION OF TELEPHONE OR BROADBAND SERVICE OR CUTTING OF PHONE OR BROADBAND SERVICE LINES WILL PREVENT THE TRANSMISSION OF THE SIGNAL. CUSTOMER ACKNOWLEDGES THAT ADDITIONAL EQUIPMENT MAY BE AVAILABLE AT AN ADDITIONAL CHARGE TO MONITOR THIS CONDITION OR PROVIDE AN ALTERNATIVE COMMUNICATION CHANNEL AS A BACKUP.
11.3 The use of DSL, VoIP or other broadband telephone service may prevent the system from transmitting alarm signals to the Monitoring Facility at time of Equipment installation or any time in the future. It is the responsibility of Customer to have their telephone service provider to install the necessary transmission filters to allow transmission of alarms signals. Customer agrees to notify PAI if DSL, VoIP or other broadband telephone service has been installed or if Customer intends to install DSL, VoIP or other broadband telephone service. IMMEDIATELY AFTER THE INSTALLATION OF ANY BROADBAND TELEPHONE SERVICE CUSTOMER MUST TEST THE SYSTEM'S SIGNAL TRANSMISSION AND NOTIFY THE PAI SERVICE CENTER AT 800-951-5111. Additionally, PAI recommends Customer install and maintain appropriate battery backup to the broadband service router, switch and modem providing Internet access to help ensure uninterrupted communication access in case of power loss to Customer premises. It is the sole responsibility of the Customer to provide adequate power back-up to the DSL, VoIP, or broadband communication equipment when used with the security system Equipment to help ensure uninterrupted communication access in case of power loss to Customer's premises. Customer acknowledges that failure to provide adequate power back-up during a power outage will disable communications to the monitoring station and alarm signals will not be send and, as a result, Customer's Emergency Contacts will not be notified. The Equipment cannot transmit signals to the Monitoring Facility via Customer's cellular phone service. Customer understands that additional equipment may be available, at an additional cost and additional monthly fee that may transmit signals.
12. Customer agrees that Customer negotiated and executed this Agreement solely by means of facsimile, mail, telephone and/or Internet communications. Customer agrees to the terms of this Agreement, including the Electronics Fund Transfer requirement, which together supersede any and all other agreements, understandings, representations, oral or written, and no other agreements exist, written or oral.
13. The initial term of this Agreement shall be 36 months, commencing on the date product is shipped by PAI to Customer. AGREEMENT WILL AUTOMATICALLY CONTINUE ON A MONTH-TO-MONTH BASIS THEREAFTER, AS ALLOWED BY LAW. AT THE END OF THE INITIAL TERM OR ANY PERIOD THEREAFTER, CANCELLATION OF THE AGREEMENT REQUIRES A THIRTY (30) DAY CONFIRMED NOTICE. CUSTOMER SHOULD CONTACT PAI DIRECTLY FOR THE CANCELLATION NOTIFICATION INSTRUCTIONS AND FORM.
14. I (We) authorized PAI to request and obtain credit history from a credit bureau or other agency providing credit information, and said credit bureau or other agency has my permission to release this credit information to PAI.
15. Notices and Legal Matters. This Agreement shall be construed and enforced in accordance with the laws of the state of Texas and the USA. PAI is not bound by any change or waiver of any provision of the foregoing unless such change or waiver is signed by an authorized officer of PAI. If a court of competent jurisdiction determines that any provision of this Agreement is invalid or unenforceable, that provision will be null and void to the extent determined by the court; however, each remaining provision in the entire Agreement will continue to be valid and enforceable.
15.1 All notices under this Agreement MUST be in writing, signed and dated and are to be sent by postal service postage prepaid and addressed to Protect America, Inc., 3800 Quick Hill Road, Building 1-100, Austin, Texas 78728, or to Customer at the address shown on this Agreement. Customer will notify PAI in writing of any change of address for the purpose of giving notices under this Agreement. Notices by PAI are effective five days after mailing if mailed in accordance with this Section whether received or not.
15.2 PAI may contact Customer by landline, wireless device, facsimile, SMS, e-mail, or other internet facilities, with respect to Equipment and services PAI provides under this Agreement, and new offerings of systems or services PAI may make available in the future. All calls to PAI can be recorded for quality assurance purposes. Telephone calls from PAI to Customer may be placed using automated technology. Before PAI may contact the Customer by phone, the Customer must give PAI express written consent. This consent is not implied by these Terms and Conditions, and is not required to make a purchase.
15.3 Licenses: Corporate Offices, 800-951-5111, 3800 Quick Hill Road, Building 1-100, Austin, Texas 78728; Complaints in Texas may be directed to the Texas Department of Public Safety, Private Security Bureau, PO Box 4087, Austin, TX 78773-0001, (512) 424-7710, License Number: B16272; in Texas Dept. of Insurance, State Fire Marshal's Office, 333 Guadalupe, Austin, TX 78714-9921, (512) 305-7900, License Number: ACR-1204; in Louisiana, Office of the State Fire Marshal, 8181 Independence Blvd., Baton Rouge, LA 70806-4125, (800) 256-5452, License Number: F 492; in Alabama, Alabama Electronic Security Board of Licensure, 7956 Vaughn Rd., PMB 392, Montgomery, AL 36116, (334) 264-9388, License Number: 18-027; in Arkansas, Arkansas Board of Private Investigators, and Private Security Agencies, # 1 State Police Plaza Drive, Little Rock, AR 72209, (501) 618-8600, License Number: CMPY.0001020; in Arizona, Arizona Registrar of Contractors, 300 West Washington, 6th Floor, Phoenix, AZ 85007, (602) 542-1525, License Number: ROC114856 CR67; in New Mexico, State of New Mexico Regulation and Licensing Department, Construction Industries Division, 725 St. Michael's Dr., Santa Fe, NM 87504-5101, License # 60519, the license under the Construction Industries Licensing Act does not protect the consumer if the contractor defaults; in California PAI is licensed and regulated by California Dept. of Consumer Affairs, Bureau of Security & Investigative Services, Sacramento, CA 95834, (916) 322-4000, License Number: ACO 4115; in Georgia, Georgia Construction Industry Licensing Board, Division of Low Voltage Contractors 237 Coliseum Drive, Macon, GA 31217-3858, (478) 207-1416, License Number: LVA205875; in Illinois, Illinois Dept of Professional Regulation, 320 W. Washington Street, 3rd Floor, Springfield, IL 62786, (217) 782-8556, License Number: 127-001092; in Maryland, Maryland State Police, Security Systems Licensing Division, 7751 Washington Blvd., Jessup, MD 20794, (410) 799-0191, License Number: 107-2058; in Michigan, Michigan State Police Consumer and Industry Services, 714 S. Harrison Road, East Lansing, Michigan 48823, (517) 241-5645, License Number: 3601202409; in Oklahoma, Oklahoma State Dept. of Health - Occupational Licensing Services Alarm Division, 1000 NE 10TH Street, Oklahoma City, OK 73117-1299, (405) 271-5217, License Number: 739; in South Carolina South Carolina Contractors Licensing Board, Synergy Business Park, Kingstree Building, 110 Centerview Drive, Compliance Suite 102, Licensing Suite 201, Columbia, SC 29210, (803) 896-4624, License Number: BAC 5432 and FAC 3104; in Tennessee, Tennessee Dept. of Commerce and Insurance, Alarm Systems Contractors Board, 500 James Robertson Pkwy 2nd Floor, Nashville, TN 37243-1168, (615) 741-9771, License Number: 00000265; In Utah Occupational & Professional Licensing Division, P.O. Box 146741, Salt Lake City, UT 84114-6741, (801) 530-5495, License Number: 345548-6501; in Virginia Commonwealth of Virginia, Dept. of Criminal Justice Services, Private Security Services Section, P.O. Box 1300 Richmond, VA 23218, (804) 786-4700, License Number: 11-3129; in West Virginia, West Virginia Division of Labor, Contractor Licensing Board, Capitol Complex, Building 6, Room B-749, Charleston, WV 25305, (304) 558-7890, License Number: WV032962; in North Carolina, NCASLB, 1631 Midtown Place, Suite 104, Raleigh, NC 27609, (919) 875-3611, License Number: 635-CSA; in New Jersey, Division of Consumer Affairs, Fire Alarm, Burglar Alarm and Locksmith Advisory Committee, 124 Halsey St. 6th Floor, Newark, NJ 07102, (973) 504-6245; Burglar Alarm and Fire Alarm Business Lic. # 34BF00023700; in Washington, Department of Labor and Industries, PO Box 44450, Olympia, WA 98504-4450, (800) 547-8367, License Number: PROTEAI962LD; in Mississippi, licensed by the Residential Electronic Protection Division, State Fire Marshal's Office, License Number: 15005347; in Delaware, licensed by the Delaware State Police, Detective Licensing, License Number: 06-204; in Pennsylvania, the Bureau of Consumer Protection, (888) 520-6680, Home Improvement Contractor Registration Number: PA023169; in Iowa, Dept. of Public Safety, Division of the State Fire Marshal, 215 East 7th St, Des Moines, IA 50319 (515) 725-6145, License Number: AC-0081;
I Agree: Feb. 25, 2018, 8:55 p.m.
Protect America, Inc. (sometimes referred to as "PAI") offers you the ability to fill out and sign your monitoring agreement using this web site. These disclosures will help you decide whether you would like to continue with our electronic process or not. Please read this carefully. By clicking the 'I AGREE' button below, you agree to use electronic communications, electronic records and electronic signatures rather than using paper documents for the forms provided on this site. If you prefer to use paper forms, please contact Protect America at 1-877-230-1739, Option 1, or via email.