Customer Agreement Builder

Installation

1. Scope. The Company will furnish and install the equipment in Part 1 at the premises. Work outside this scope (added doors, devices, access points, sirens, cabling, moves, etc.) is quoted separately or billed at the Company's then-current service rate plus parts, by written change order.

2. Price, taxes, and fees. Part 1 pricing is valid through the date shown. Equipment and installation are sold only together with the 36-month monitoring term in Section 11; the Company does not sell equipment without a service plan. Florida sales tax applies at the rate in effect on each invoice date. The Company files any alarm registration the jurisdiction requires and pays the registration fee. False-alarm fines charged by any government agency are the Customer's.

3. Scheduling and deposit. Equipment is ordered on receipt of the deposit; typical lead time to installation is 7 to 10 business days. When the 3-day right to cancel applies, installation does not begin until the cancellation period has ended. If installation has not begun within 90 days after the deposit for a reason not caused by the Customer, the Customer may cancel and receive a full refund of the deposit. The Customer provides a 120 V outlet near each panel, usable Wi-Fi where keypad panels or cameras rely on it, and reasonable access. Delays caused by site access, network availability, or missing information may move the date.

4. Site conditions. Installation involves small holes, fasteners, and adhesive mounts; the Company patches and cleans up after its work but does not paint or refinish. The Company is not responsible for pre-existing damage or for concealed conditions it could not reasonably see, such as hidden wiring, pipes, or framing; added work they cause is handled by change order. The Customer confirms that it owns the premises or has the permission of the owner, landlord, and any association to install the System.

5. Title and warranty. Title to equipment passes to the Customer when the installation is paid in full. Workmanship is warranted for 12 months from completion; equipment carries the manufacturer's warranty, which the Company passes through. Warranty excludes batteries, lightning, power surge, water intrusion, vandalism, misuse, and modification by others. Service after warranty is billed at the then-current service rate plus parts and trip charge. EXCEPT FOR THE WORKMANSHIP WARRANTY IN THIS SECTION, THE COMPANY MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED. ANY IMPLIED WARRANTY, INCLUDING OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE 12-MONTH WARRANTY PERIOD, OR, FOR A BUSINESS CUSTOMER, IS DISCLAIMED, TO THE EXTENT THE LAW ALLOWS.

6. Active service and changes to the System. The System's app, cellular communicator, alerts, and remote features work only while a Company service plan is active on the account: central-station monitoring during the initial term, and at least the Self-Monitored plan in Section 13 after it. If the Customer ends all service, these features stop working and the Company no longer supports the System; reactivation carries the reconnection fee in Section 13. The Customer will not add, remove, relocate, or reprogram devices except through the Company. Installer codes and the monitoring account stay with the Company; on termination the Company may disconnect the System from its central station and interactive service, but will not remove equipment the Customer has paid for. Cellular and internet networks change: if a carrier retires a network the System uses, or a manufacturer ends support for a device, the Company will offer a replacement at its then-current price, and service that depends on the retired network or device cannot continue without it.

Monitoring

7. Services. The Company provides, through its central station, 24-hour monitoring of alarm signals from the System. On a burglary signal, as Florida law requires (Fla. Stat. 489.529), the central station makes a verification call to the premises phone (verification #1 in Part 2) before requesting police dispatch, and a further verification call if the first is not answered, so the Customer should list at least two numbers. If the alarm is not cancelled with a valid passcode, the central station requests dispatch of the appropriate authority and notifies the notification contacts in Part 2. A Customer who holds a federal firearms license as a manufacturer, importer, or dealer may ask in writing to opt out of the two-call verification. On Residential plans, smoke, heat, and carbon monoxide detectors installed on the security system are monitored and dispatch is requested on a signal; this Agreement does not cover a dedicated fire alarm system. On Business, HOA, Church, and Small Business plans, the Company does not install or monitor smoke or heat detectors. Medical and panic signals are relayed to the appropriate responder.

8. Interactive service and support. The Company keeps the manufacturer's interactive service active for the term so authorized users can arm and disarm, view status and history, and receive app alerts, including door and sensor alerts while disarmed. Additional touchscreen panels used as keypads are included. On Small Business plans with cameras, cameras are available in the app for live view, clips, and alerts and are not monitored by the central station. The app, cloud video, and push notifications are run by the manufacturer and wireless carriers; the Company does not control them, and they may be interrupted or changed. Phone and remote support Monday to Friday, 8:00 AM to 5:00 PM Eastern. On request, the Company issues a certificate of installation and monitoring for the Customer's insurer and reissues it annually; the Company promises the document, not any premium credit.

9. Not included; not a life-safety system. InitialsMonitoring of a dedicated fire alarm system; guard response or video verification unless the plan in Part 1 includes it; the Customer's internet, Wi-Fi, or electrical service; and supervision of any person on the premises. App alerts are notifications to the Customer; the central station does not watch them and acts only on signals designated for central-station response. The System is an intrusion and notification system. It is not a nurse-call, wander-management, medical-alert, or resident-supervision system and is not designed or listed for those uses. Door contacts and chimes notify; they do not lock, hold, or prevent the use of any door, and the Customer will not use the System to restrict exit through any required exit.

10. Customer responsibilities. The Customer will: (a) test the System at least monthly, placing it in test mode with the central station first (the Company explains how at installation), and report any problem promptly; (b) keep power to each panel and, where a keypad panel or camera relies on it, a working Wi-Fi connection; (c) keep the Part 2 contacts, passcode, and app users current and keep passcodes confidential; (d) cooperate with the Company's alarm registration and give it any information the jurisdiction requires; (e) learn to operate the System and teach every user, to prevent false alarms; (f) tell the Company before remodeling, painting over, or moving devices, or changing protected doors or windows; and (g) use cameras and any audio feature lawfully. Florida law generally prohibits recording a conversation without the consent of all parties (Fla. Stat. 934.03) and prohibits video recording where people expect privacy, such as bathrooms and changing areas. The Customer chooses where cameras point, posts any required notices, and obtains any consents needed from residents, guests, and employees. The Company may decline to install a camera where it believes recording would be unlawful.

Term, renewal and cancellation

11. Term. Monitoring begins on the activation date and runs for an initial term of 36 months.

12. Early termination. InitialsThe initial 36-month term is a firm commitment; the installation price in Part 1 was discounted in exchange for it. If the Customer cancels, stops service, or stops payment before the initial term ends, for any reason other than the Company's uncured breach, the Customer will pay an early-termination charge of 75% of the monitoring fees remaining in the initial term, due within 15 days, plus any fees already accrued. The parties agree this is a reasonable estimate of the Company's lost monthly revenue net of the costs it saves, and is liquidated damages and not a penalty. Example: 24 months remaining at $49.95 = 24 × $49.95 × 75% = $899.10. Yearly fees prepaid for months after cancellation are credited against the charge, and any excess is refunded. The charge is waived on written proof if (a) a Residential Customer dies or moves permanently into an assisted-living, nursing, or memory-care facility; (b) the Customer receives military orders to relocate outside the Company's service area for 90 days or more; or (c) the Customer sells or leaves the premises and the buyer or new occupant assumes this Agreement for the rest of the term, or the Customer continues the service at new premises in the Company's service area (relocation work is billed separately).

13. After the initial term. After the initial term, the Customer may, on 30 days' written notice, continue central-station monitoring at the Part 1 rate or move to the Company's Self-Monitored plan at its then-current rate (currently $19.95 per month Residential and $24.95 per month Small Business; other sites quoted). Self-Monitored service has no central station and no dispatch: alerts go only to the Customer's app, and the Customer is solely responsible for responding and calling emergency services. A switch takes effect only when the Customer signs the Self-Monitored Plan Acknowledgment page of this Agreement. Returning to central-station monitoring carries a $99.00 reconnection fee.

14. Billing, card authorization, and late payment. InitialsThe Customer authorizes the Company to charge the card on file for the monitoring fees, add-ons, and Florida sales tax in Part 1, monthly or yearly in advance as selected, and any other amount due under this Agreement, until this Agreement ends. The Company emails a receipt for each charge. The Customer keeps a valid card on file, may change it at any time by contacting the Company, and will raise any billing question with the Company before disputing a charge with its card issuer. A payment not received within 10 days of its due date accrues a late charge of 1% per month, or the maximum rate permitted by law, whichever is less. The Company may suspend monitoring after 30 days of non-payment on 10 days' written notice; suspension does not end the obligation to pay. Either party may terminate for the other's material breach not cured within 30 days of written notice. If the Company ends this Agreement for any reason other than the Customer's breach, it refunds any prepaid fees for service not yet provided.

Central station

15. Third-party central station. The Company monitors the System through an independent, professionally staffed central station of its choosing, currently CMS Monitoring, and may change central stations without reducing service. The Customer authorizes the Company to share the information in Part 2 with the central station. The central station is paid by the Company; the Customer receives no separate bill. The Customer acknowledges that:

• the central station notifies authorities and contacts by telephone, and decides in its discretion which authority to notify;
• signals travel over cellular, internet, and other networks the Company and the central station do not control, and neither is responsible for a signal that does not arrive;
• the central station does not own, install, or maintain the System, and may suspend service if its own facilities fail, in which case the Company will notify the Customer if service cannot resume within 24 hours;
• changes to contacts and instructions take effect when the Company confirms them in writing to the central station;
• the central station is an intended third-party beneficiary of Sections 15 through 18 and may enforce them as if it were a party; and
• if the central station requires the Customer to sign its own subscriber form, the Customer will do so, and that form governs only the Customer's relationship with the central station. It does not change the term, fees, or cancellation terms of this Agreement.

Limitation of liability

16. Not an insurer; limit of liability. InitialsThe Company and its central station are not insurers. Fees are based on the value of the services, not the value of the premises, its contents, or the persons in it. An alarm system and monitoring deter, detect, and notify; they do not prevent loss or injury, and no one guarantees that an event will be detected, that a signal will be received, or that anyone will respond in time. Because actual damages would be impractical to determine, TO THE FULLEST EXTENT PERMITTED BY LAW, IF THE COMPANY OR ITS CENTRAL STATION IS FOUND LIABLE FOR ANY LOSS, DAMAGE, OR INJURY ARISING FROM THE SYSTEM OR THE SERVICES, WHETHER IN CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, THEIR TOTAL LIABILITY TOGETHER IS LIMITED TO $250.00, AS LIQUIDATED DAMAGES AND THE EXCLUSIVE REMEDY. This limit applies to claims by the Customer and by anyone claiming through the Customer, including its insurers. Neither is liable for indirect, incidental, special, punitive, or consequential damages. The Customer may obtain a higher limit by signing a rider and paying an additional fee. The Customer will give the Company prompt written notice of any loss and keep the equipment and records involved so the claim can be investigated.

17. Insurance and waiver of subrogation. The Customer will look to its own property, liability, and other insurance for any loss. To the fullest extent permitted by law, the Customer releases the Company and its central station from any loss covered by insurance and waives, and will have its insurers waive, any right of subrogation against them.

18. Indemnity. InitialsThe paragraph for the Customer type in Part 1 applies.

(a) Business, HOA, Church, and Small Business Customers. To the fullest extent permitted by law, the Customer will defend, indemnify, and hold harmless the Company and its central station, and their officers, employees, and agents, against claims by third parties, including residents, guests, employees, invitees, and insurers, arising from the System, the services, or the Customer's use or operation of the premises, INCLUDING CLAIMS ALLEGED TO ARISE IN PART FROM THE COMPANY'S OR THE CENTRAL STATION'S OWN NEGLIGENCE, but not to the extent caused by their gross negligence or willful misconduct. This indemnity is limited to $1,000,000 per occurrence, which the parties agree bears a reasonable commercial relationship to this Agreement (Fla. Stat. 725.06). The Customer remains solely responsible for the supervision and safety of persons on the premises.

(b) Residential Customers. To the fullest extent permitted by law, the Customer will defend, indemnify, and hold harmless the Company and its central station, and their officers, employees, and agents, against claims by third parties to the extent caused by the acts or omissions of the Customer, its household, guests, or contractors, including false alarms and misuse of cameras or audio. This indemnity is limited to $1,000,000 per occurrence (Fla. Stat. 725.06).

General

19. Data and privacy. The Company and its central station use signal data, event history, and contact information only to provide, bill, and support the services, and never sell it. Event records the Company keeps itself, such as downloaded alarm reports, alarm notices, and notes, are kept for 24 months, then deleted unless law or an open claim requires longer. The central station and the equipment manufacturer keep their own records under their own policies. Signed agreements and billing records are kept as long as the law requires. Camera video is stored by the manufacturer's cloud service under its terms; the Company views it only at the Customer's request for support. The Company will notify the Customer of unauthorized access to the Customer's data in its control as required by Florida Statutes section 501.171.

20. Disputes. InitialsFlorida law governs. Any lawsuit must be brought in the state courts for Lee County, Florida, and either party may use small claims court for a claim within its limits. The prevailing party recovers reasonable attorney's fees and costs. EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES TRIAL BY JURY IN ANY DISPUTE ARISING FROM THIS AGREEMENT.

21. Other terms. The person signing represents that they are authorized to sign for the Customer, or, for a residence, that they are an adult occupant with authority over the premises. Notices may be given by email to the addresses in this Agreement, or by mail to the Company at 1616 W Cape Coral Pkwy, Ste 102 PMB 1011, Cape Coral, FL 33914. The Company may assign this Agreement, including to a purchaser of its accounts, on written notice; the Customer may assign only as allowed in Section 12 or with the Company's written consent. Neither party is liable for delay caused by events beyond its reasonable control, including hurricanes, utility failures, and network outages. Sections 12 and 14 through 20 survive termination. Failure to enforce a provision is not a waiver. If any provision is unenforceable, it is enforced to the extent allowed and the rest remains in effect. If this Agreement conflicts with any proposal, invoice, or central-station form, this Agreement controls. This Agreement is the entire agreement between the parties, may be changed only in a signed writing, and may be signed electronically.