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This
is an agreement between you ("THE SUBSCRIBER ") and ASAP
Security
Limited, ("THE COMPANY"), for the purpose of providing monitoring of
the security alarm or environmental monitoring system you own at the
address supplied by you. "You" and "yours" refer to " THE SUBSCRIBER
" and "we", "us" and "our" refer to "THE COMPANY”. You understand
that "monitoring service,” means only that THE COMPANY will react to
signals received by us from the security alarm or environmental
monitoring system you already have at your premises.
- Service
will commence when THE COMPANY at its monitoring center has received
test signals from your premises and both THE COMPANY and THE
SUBSCRIBER agree that such signals have been satisfactorily
transmitted and received. THE COMPANY will bill THE SUBSCRIBER for a
setup and alarm panel configuration fee if THE SUBSCRIBER does not
remain as a customer of THE COMPANY for 90 days after the initial
setup and alarm panel configuration.
- This
agreement shall automatically renew each year until THE COMPANY or
THE SUBSCRIBER indicates termination via Email or in writing. THE
SUBSCRIBER may terminate this agreement at the end of 12 months by
notifying THE COMPANY, 30 days in advance of cancellation, via
Email, Fax, or New Zealand Mail.
- THE SUBSCRIBER
understands that THE COMPANY agrees to monitor a security system
owned by THE SUBSCRIBER and not installed by or designed by THE
COMPANY. THE COMPANY makes no representation as to suitability or
condition of THE SUBSCRIBER's system.
- THE COMPANY
assumes no responsibility whatsoever for the maintenance, operation
or non-operation, actuation or non-actuation, of your existing
equipment. THE COMPANY reserves the right to terminate service under
this agreement in the event your existing equipment is not in good
operating condition and THE COMPANY will not be liable for any
damages or penalties as a result of termination under those
circumstances.
- THE SUBSCRIBER
acknowledges that if THE COMPANY utilises a digital, GSM or radio
communicator for the purposes of sending alarm signals from THE SUBSCRIBER's premises to THE COMPANY’S Central Station, that the
signals from THE SUBSCRIBER's alarm system are sent over THE
SUBSCRIBER's regular telephone service, a GSM network or through the
Radionet Monitoring radio network to THE COMPANY’S Central Station,
and in the event THE SUBSCRIBER's telephone service, the GSM network
or the Radionet Monitoring network is out of order, disconnected,
placed on vacation or otherwise interrupted, signals from THE
SUBSCRIBER's alarm system will not be received in THE COMPANY'S
Central Station during any such interruption and the interruption
will not be known to THE COMPANY. THE SUBSCRIBER further
acknowledges and agrees that signals are sent over telephone, THE
COMPANY lines, GSM network or Radionet Monitoring network, which are
wholly beyond the control and jurisdiction of THE COMPANY and are
maintained and serviced by the applicable service provider.
- THE COMPANY
encourages THE SUBSCRIBER to carry adequate insurance to safeguard
their valuables. Adequate insurance would compensate THE SUBSCRIBER's losses including but not limited to losses due to
burglary, hold up and fire in case of transmission problems due to
severance of telephone lines or due to development of shorts or
grounds, interruption to the GSM network or Radionet Monitoring
network, which may affect the system and the transmission of signals
to THE COMPANY’S Central Station. Electronic alarm systems are not
foolproof. They do not replace insurance.
- THE COMPANY
makes no express or implied warranties as to any matter whatsoever,
including, without limitation, the condition of the equipment, its
merchantability or its fitness for any particular use.
- THE SUBSCRIBER
agrees to carefully and properly test and set system daily,
including walk test if movement detection devices are installed, and
will notify THE COMPANY promptly on any operating defect.
- A reconnect charge is to be paid by THE SUBSCRIBER if alarm is cut
off because of a past due balance and THE SUBSCRIBER desires it
reconnected. THE SUBSCRIBER is to receive no credit if system is
temporarily cut off or out of service for any reason.
- THE COMPANY IS NOT AN INSURER; LIQUIDATED DAMAGES; LIMITATION OF
LIABILITY: It is understood and agreed:
That THE COMPANY is
not an insurer: that insurance, if any, shall be obtained by the THE
SUBSCRIBER: that the payments provided herein are based solely on
the value of the services set forth herein and are unrelated to the
value of the THE SUBSCRIBER's property or the property of others
located on THE SUBSCRIBER's premises; that THE COMPANY makes no
guaranty or warranty, including any implied warranty of
merchantability of fitness that the equipment or services supplied
will avert or prevent occurrences or the consequences there from
which the system or service is designed to detect or avert. THE
SUBSCRIBER acknowledges that it is impractical and extremely
difficult to fix the actual damages, if any, which may proximately
result from a failure to perform any of the obligations herein, or
the failure of the system to properly operate with resulting loss to
THE SUBSCRIBER because of, among other things:
-
The uncertain
amount or value of THE SUBSCRIBER's property or the property of
others kept on the premises which may be lost, stolen, destroyed,
damaged or otherwise affected by occurrences which the system or
service is designed to detect or avert;
-
The uncertainty of
the response time of any guard, police or fire department, should
they be dispatched as a result of a signal from or at premises;
-
The inability to
ascertain what portion, if any, of any loss would be proximately
caused by THE COMPANY'S failure to perform or by its equipment to
operate;
-
The nature of the
service to be performed by THE COMPANY.
- THE SUBSCRIBER
understands and agrees that if THE COMPANY should be found liable
for loss or damage due to failure of THE COMPANY to perform any of
the obligations herein, including but not limited to installation,
maintenance, monitoring or service, or the failure of the system or
equipment in any respect whatsoever, THE COMPANY'S liability shall
be limited to a sum equal to the total of Two Hundred Fifty
($250.00) Dollars as liquidated damages and not as a penalty and
this liability shall be exclusive; and that the provisions of this
Section shall apply if loss or damage, irrespective of cause of
origin, results directly or indirectly to persons or property, from
performance or non-performance of the obligations imposed by this
contract, or from negligence, active or otherwise, of THE COMPANY,
its agents, assigns or employees.
- Cost of unnecessary service or false alarm calls by THE SUBSCRIBER
to be borne by THE SUBSCRIBER. If excessive false alarms are caused
by carelessness, malicious, or unintended use of the alarm system,
THE COMPANY may, at its sole discretion, deem same to be a material
breach of contract on part of THE SUBSCRIBER and may be excused from
further performance. THE SUBSCRIBER agrees to eliminate conditions
or factors interfering with the proper operation of installed
devices or which may cause false alarms.
- In the event of an alarm signal from premises,
THE COMPANY agrees to transmit it to guard, local police, fire
department or persons designated by THE SUBSCRIBER. THE SUBSCRIBER
hereby authorises THE COMPANY, at THE COMPANY’S discretion, to cause
the arrest of anyone found on the premises without authority to
enter and cause him to be held until released by THE SUBSCRIBER or
his representative. In the event local authorities refuse to respond
to an alarm signal at the premises, THE COMPANY will notify THE
SUBSCRIBER. THE COMPANY will attempt to reach THE SUBSCRIBER until
an approved member of the call list is contacted. In the event we
cannot reach an approved member of the call list, leaving a voice
mail or recorded message constitutes sufficient notification by THE
COMPANY to THE SUBSCRIBER.
- THE COMPANY is to be kept informed in writing by THE SUBSCRIBER of
his daily and holiday opening and closing schedule, if applicable,
and of all persons authorised to enter premises during his closed
hours or who may be called in the event of an alarm signal from or
at premises. THE SUBSCRIBER hereby authorises THE COMPANY to
manually or automatically disconnect system, if so ordered by a
public official or regulation or for nuisance or electrical reasons
or if THE COMPANY is unable to notify THE SUBSCRIBER at emergency
number listed or if THE SUBSCRIBER declines, or fails to arrive at
premises within 30 minutes after notification. THE SUBSCRIBER agrees
to hold THE COMPANY harmless and to indemnify THE COMPANY for any
loss or liability that may result from turning off of the system.
- INCREASE IN
OPERATING EXPENSES:
THE COMPANY shall have the right, at renewal of
service, to increase the monthly charges provided herein, to reflect
any additional taxes, licenses, permits, fees or charges which
hereafter may be imposed on THE COMPANY by any utility or
governmental agency relating to the service provided under the terms
of the Agreement and THE SUBSCRIBER agrees to pay the same.
- INVALID PROVISIONS:
If any terms or provisions of this Agreement shall be determined to
be invalid or inoperative, all of the remaining terms and provisions
shall re-main in full force and effect.
- THE COMPANY
assumes no liability for failure to perform because of labour
trouble, riots, floods, acts of God, or any catastrophe or condition
beyond its control and is not required to perform service while any
such condition exists. THE COMPANY shall have the right to cancel an
existing agreement without or with notice in the event the telephone
or Radionet Monitoring provider discontinues certain grades of
service, or if THE SUBSCRIBER's premises including telephone lines
or THE COMPANY'S Central Station should be destroyed by fire or any
calamity. This agreement is not assignable by THE SUBSCRIBER
without written consent of THE COMPANY. THE COMPANY shall have the
right to assign this agreement or subcontract any of the services it
may perform. There are no verbal understandings changing or
modifying this agreement.
- If THE SUBSCRIBER decides to terminate the service with THE COMPANY,
it shall be THE SUBSCRIBER’S responsibility to ensure that the signaling from the alarm communication device is stopped.
- Failure by THE
COMPANY to enforce any of the terms and conditions contained in this
contract shall not be deemed to be a waiver of any of the rights or
obligations THE COMPANY has under this contract.
- The law of New
Zealand shall apply to this contract except to the extent expressly
negated or varied by this contract.
- Where the terms
of this contract are at variance with the order or instruction from
THE SUBSCRIBER, this contract shall prevail.
- Any dispute
between the parties is to be dealt with in accordance with the
Arbitration Act 1996.
- THE COMPANY reserves the right to suspend the monitoring service of
an alarm system or a zone which is activating falsely where THE
SUBSCRIBER has been notified by THE COMPANY of the fault but has not
remedied the problem within seven days of notification. THE COMPANY
will reinstate the monitoring service when notified by THE
SUBSCRIBER that the fault has been repaired.
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