CONTRACT TERMS
This contract, entered into between Soaring Solutions, Inc., hereafter called “Contractor”
and Subscriber/Internet Subscriber, hereafter called “Subscriber”, agree that Contractor
cause Subscribers existing operational alarm system to be monitored, using Subscribers
existing attached telephone line.
1. Subscriber shall select a monthly fee, billed on a pre-determined cycle, for a pre-
determined term. All fees within the terms set forth in this contract shall be
charged in addition to any required state and local taxes. In addition, Subscriber
agrees to pay a $32.00 re-programming fee. Subscriber waives physical signature
by indicating “I Agree” on all applicable forms, agreements or contracts.
2. Contractor is not an insurer and does not provide you, the Subscriber, insurance
for property loss and or damages, personal injury or loss. Subscriber is
responsible for all insurance coverage for the premises or its content. Payments
made under this contract are solely based on the value of the electronic protective
system(s) and services as set forth in this contract for services. Payments are
unrelated to the value of the Subscriber’s property or the property of others
located on said property.
3. Subscriber will not hold Contractor, its agents and or assigns liable for any
damage, injury or loss Subscriber may have sustained due to a malfunction of the
system or dispatching errors, regardless of the cause of such errors. Contractor
assumes no liability for interruption of performance of said system regardless of
cause and makes no guarantee or warranty including any implied warranty of
merchantability or fitness, as to the type of intruder(s) or emergency that the
system(s) are intended to detect.
4. In the event that a failure of performance of its obligations under this contract is
determined to be the responsibility of Contractor, its agents, or employees,
subscriber agrees to limit damages to no more than FIVE HUNDERED
DOLLARS ($500.00 USD). This amount is to be considered by the parties to this
contract as liquidated damages.
5. Contractor has no physical control of the electronic protective system(s) and
acknowledges that it is the Subscribers sole responsibility to verify proper
operation of the system(s) by weekly testing the system(s). Testing shall include
but is not limited to: walk testing all equipment, verify that all assigned zone
signals are being received by the monitoring center and immediately reporting to
contractor any claimed inadequacy in or failure of the electronic protective
system(s). If the inadequacy or failure reported is not responded to the
satisfaction of the Subscriber, Subscriber agrees to notify Contractor by certified
mail within FIVE (5) DAYS of the last contact with Contractor or its designated
agent.
6. Subscriber agrees and understands that most cities require an alarm permit. It is
their responsibility to obtain, maintain and comply with any governmental
restrictions, local city permits, other permits, conditions or regulations covering
this system. Subscriber agrees to pay in advance, or reimburse Contractor for any
payments on behalf of Subscriber for any fees, assessments and or fines as may be
determined in accordance with those applicable governmental restrictions, local
city permits, other permits, conditions and regulations.
7. Any future service, new equipment or alterations provided to Subscriber by any
party shall be considered an addition to this contract and shall be incorporated
into this document, and shall be subject to the same terms and conditions as fully
set forth here.
8. This contract DOES NOT INCLUDE Service or Maintenance to Subscrribers
existing equipment. Any service / maintenance is an additional cost and
Subscriber agrees to any said service / maintenance to be at standard service rates
separate from this contract for both parts and labor.
9. At time of initial connection, if Subscriber’s system cannot be connected to the
monitoring center using re-programming telephone assistance support, Contractor
may send Subscriber special equipment to allow for proper alarm signaling using
Subscriber’s operational system and connection to the monitoring center. A one
time deposit will be charged for this special equipment and the non-
reprogramming amount will be refunded upon return of the special equipment to
Soaring Solutions, Inc. at the termination of the contract. A SIXTY-FIVE
DOLLAR ($65.00 USD) deposit will be required prior to system activation. This
deposit less the THIRTY-TWO DOLLAR ($32.00 USD) re-programming fee will
be refunded by Contractor within THIRTY (30) days of receipt of the special
equipment from Subscriber.
10. Contractor does not guarantee system to be monitored or repaired on any specific
dates or times, therefore assumes no liability for delay in the installation or set-up
or repairs of this system and Subscriber is aware that monitoring of the system
may not be in effect for up to FIVE (5) business days following initial connection,
service or alterations to said system.
11. Subscriber is aware that the alarm system must use Subscriber’s phone line to
transmit signals to a central monitoring station by dialing a special phone number.
Blocking, Restricting, Suspension, Disconnection or Interference of phone line or
services may cause loss of signaling ability without notice to the central
monitoring station. Subscriber is responsible for any phone company charges. In
the event that telephone interference is required, an additional fee may be
charged.
12. Subscriber consents to all telephone communications through central monitoring
station being recorded and authorizes any employee, resident or emergency
subscriber full authority to issue instructions in regards to operation, installation,
or service of the system unless specified otherwise in writing.
13. Subscriber is aware that monitoring services provided under this contract do not
include supervisory signals, including but not limited to opening, closing, or auto
tests. Transmission of these types of signals or receipt of excessive signals of any
type may cause Contractor to access additional fees against Subscribers account.
14. After re-programming and successful alarm monitoring testing, Subscriber shall
deliver and keep current a contractor furnished CUSTOMER EMERGENCY
INFORMATION FORM with Contractor. Any changes or additions that the
Subscriber wishes to make to the form shall be in writing and sent by certified
mail to Contractor. Contractor has no obligation to telephone any person, firm or
agency other than those specified on said form and filed with Contractor.
Subscriber agrees that Contractor is only responsible for endeavoring to notify
emergency agencies and other persons as specified in the form and does not
promise, represent or guarantee that anyone telephoned by it will respond to the
call. Subscriber hereby releases Contractor and agents from responsibility or
liability for the failure or delay in responding.
15. Subscriber is obligated to make payments for the duration of this contract,
regardless if subscriber uses this system or services.
16. Subscriber agrees to have all payments placed either in automatic credit card
payments, or by electronic funds transfer. Should an attempt to collect said
payment fail due to a declined or N.S.F. status; Subscriber agrees to pay a late
charge of TWENTY-FIVE ($25.00 USD) DOLLARS per re-billing or collection
attempt.
17. Upon completion of initial contract / selected plan by the Subscriber, the original
chosen monitoring services plan will automatically continue on a automatic self-
renewing basis unless written cancellation notice is received by Contractor a
minimum of SIXTY (60) DAYS prior to automatic renewal date sent by certified
mail to Contractor. In the event that the contract term is extended, the notice of
cancellation must be sent by the Subscriber SIXTY (60) DAYS prior to the end of
the extended term.
18. Upon cancellation of this service, or in the event Subscriber fails to make the
payment agreed to in this contract, Contractor may, at its option, remove or
disable any equipment owned by Contractor or suspend or discontinue all services
including, but not limited to monitoring service, without liability to the
Contractor, its agents or employees for any damages to Subscriber’s premises or
property caused during the original installation of the system or caused by the
removal of the equipment. A reasonable service fee will be charged for the
removal or disabling of the system either on site or by remove computer access.
Should any property of Contractors not be returned within THIRTY (30) DAYS
of this contracts cancellation, regardless of cause, Subscriber to make full
payment for retail value set forth for missing or non-returned equipment.
19. Subscriber shall not transfer this contract to any other party. Transfer of this
contract can only be made by the Contractor and will not be in effect unless new
Subscriber contracts with Contractor by executing a replacement contract.
20. Any claims for breach of this contract or breach of any express or implied
warranties of fitness or merchantability must be communicated in writing, sent by
certified letter, to the Contractor within FIVE (5) DAYS of the alleged breach.
Failure to do so will result in Subscribers full and complete waiver of any
defenses it may have as a result of the alleged breach.
21. Subscriber agrees to pay any reasonable attorney’s fees and costs incurred by
Contractor in enforcing its rights under this contract, whether or not suit is
instituted.
22. Subscriber consents and agrees to settle all claims that may arise under this
contract in accordance with the laws of the State of Texas. The parties to this
contract consent to venue for such action to be Dallas County, Texas.
23. This contract constitutes the entire contract between the parties and is intended as
a final expression of that contract. This contract supercedes all prior
representations, understandings or contracts, and the parties may rely only upon
the contents of this contract executing it. This contract may only be modified in
writing by both parties or by an authorized agent of the same.
24. The subsequent acceptance by Contractor of service fees or maintenance charges
shall not be deemed a waiver of any prior existing breach by Subscriber
regardless of Contractor knowledge of such prior existing breach at the time
payments are accepted. Subscriber agrees that there will be no refund of any kind
if Subscriber breaches, refuses service/maintenance or payment of
service/maintenance.
25. Subscriber shall be in default hereunder and there shall be a breach of the contract
if Subscriber fails to pay service fees or maintenance charges when due or fails to
perform other obligations set forth in this contract. In the event of Subscribers
default hereunder, Contractor may at its option give notice to the Subscriber and
terminate the contract. Contractor shall be entitled to recover all reasonable
expenses including but not limited to court costs and attorney fees.
26. Time is of essence in this contract.
27. Subscriber understands that local agencies (i.e., police, medical, fire) may levy a
fine or charge for any false alarm or signal which summons an emergency service
and customer agrees to assume all responsibility for any false alarm or signal and
to pay related fees, levies and fines. Subscriber herby releases Contractor from
such responsibility and liability.
28. Any past due balances shall bear the interest rate of 1.5% per month, or the
maximum allowable rate by law.
29. This contract and its terms may be assigned or transferred without Subscribers
prior consent to a third or new party.
30. If any part of this contract is invalid or unenforceable, it shall not affect the
remaining terms, obligations, or requirements set forth in the remainder of this
contract.
31. In the event any person, not a party to this contract, shall make a claim or file a
lawsuit of any kind against Contractor for any reason relating to Contractors
duties or obligations pursuant to all aspects of performing this contract,
Subscriber to indemnify, defend and hold harmless the Contractor from any and
all claims.
32. Upon completion of service, Contractor may at their option remove their property
at prevailing service rates. Contractor is not responsible for any repairs required
after equipment or wiring removal.
33. The obligation of Contractor shall terminate at the option of the Contractor upon
written notice to the Subscriber in the event of any condition or cause beyond the
control of Contractor, which affect the performance or obligations of Contractor.
Under this contract including but not limited to, misuse of equipment, negligence
of Subscriber or other accidents, fire, flood, acts of God, government action, acts
of war, power outages, terrorism, embargoes, strikes, shortages or loss of use for
any reason of the means by which Contractor is monitoring the Subscriber’s
system.
34. Subscriber acknowledges they are not in contract with any other alarm monitoring
or Security alarm company at time of entering into this contract. Subscriber holds
Contractor harmless for any and all costs, lawsuits of any kind associated with
such contract(s).
35. Subscriber is aware of all terms and conditions of this contract and has read this
contract including all provisions with full understanding of all conditions and
meaning of each condition set forth and knowingly accepts this contract in full as
an individual and as an authorized representative to any business, corporation, if
said business or corporation is part of this contract. This contract constitutes the
entire contract between the Subscriber and the Contractor. No other contracts,
guarantees or warranties, real or implied are in effect.
Your right to cancel: You the Subscriber may cancel this transaction at any time prior
to midnight of the THIRD (3rd) business day after the date of this transaction and or
contract.
This Company is licensed (B-11874) and regulated by the Texas Commission on
Private Security. Complaints may be directed to 409 S. Congress, Suite C-305,
Austin, TX 78745. Phone number is 512.463.5545.
____ Initials indicate that I have read, understand and accept the terms of this
contract.
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Date