Rapid Response PERS, LLC
TERMS OF SERVICE AND CONDITIONS OF SERVICE.
This is a contract between the Subscriber and Rapid Response PERS, LLC hereinafter referred to as RRPERS. Subscriber includes the Payer and Subscriber identified on the front of this contract. Subscriber and RRPERS, agree to the provisions set forth on this form.
Subscriber agrees to read this contract and the written instructions and options provided by the Rapid Response PERS, LLC (hereinafter referred to as Equipment) prior to installation. Subscriber agrees to test the Equipment monthly by activating the personal transmitter. This and all other transactions with the monitoring center are electronically recorded. The subscriber is responsible to inform RRPERS, of any changes in any information supplied for use in emergencies.
3.Term Of Contract.
This contract starts on the date shown on the front page as Date On-Line. This contract is Monthly, Quarterly, Semi-Annual, And Annual. The contract will continue automatically on the Monthly, Quarterly, Semi-Annual, Annual basis after the initial term, provided the Subscriber or RRPERS, does not give advanced written notice to the other canceling the contract. If Subscriber cancels service, the Equipment must be returned to RRPERS, prior to the cancellation taking effect. Accounts are active and billable until RRPERS, receives all Equipment supplied by RRPERS, to Subscriber.
By accepting this contract the Subscriber authorizes RRPERS, to charge Subscriber’s credit card on file or debit checking account for payment. Subscriber agrees to pay in full the Monitoring Service Fee indicated for a period of not less than the term of service indicated. A refund for early cancellation will be released within 30-45 business days. You may cancel this agreement without obligation at any time within 30 days after the date of this transaction. If requested, a statement will be provided to the Subscriber by RRPERS. The subscriber who pays in advance up to 12 months payment will receive an additional 3 months service. Past due accounts may be charged $350.00 for Equipment if the account remains in a delinquent status and Equipment is not returned. Accounts are active and billable until RRPERS, receives all Equipment supplied by RRPERS, to Subscriber.
If the Equipment is destroyed or substantially damaged by fire or other catastrophe making it impractical to continue service, then either RRPERS, or the Subscriber may cancel this contract by giving written notice to the other. If the Subscriber does not pay any amount owed to RRPERS, by the tenth (10th) day after such payment’s due date, RRPERS, shall have the right to cancel this contract and terminate service ten (10) days after written notice is sent to the Subscriber. If service is terminated by the Subscriber, cancellation is effective the date all Equipment is received by RRPERS,. Whether cancellation is by RRPERS, or the Subscriber, failure to return Equipment will result in a charge of $350.00 to cover the cost of Equipment. RRPERS, reserves the right to require Equipment return at any time
6. Services Provided.
RRPERS, agrees to provide and perform the following services:
Continuous 24-hour monitoring service of designated signals from the Equipment on the Subscriber’s premises. Upon receiving a signal from the Equipment, the monitoring center shall use reasonable efforts to orally notify the appropriate emergency agency or other persons designated on the Client’s Subscriber Forms, by telephone, advising of the existence and nature of such signal. RRPERS, shall pay any telephone toll (Long distance) charges for incoming calls to the monitoring center and for notifying the appropriate party designated on the Subscriber’s Subscriber Forms.
7. Installation Requirements.
We recommend connecting to an RJ31X telephone jack supplied by a local telephone company. Failure to install an RJ31X telephone jack by Subscriber shall relieve us of any and all liabilities for any failure to communicate that may occur as a direct result of such failure. Service requires connection to a private telephone line. RRPERS, is not responsible in any way for the operation or maintenance of any appliance, instrument, or the telephone system to which the equipment is connected.
This agreement authorizes RRPERS, to release any information provided on the Subscriber Forms to anyone as deemed necessary. Subscriber authorizes RRPERS,, itself or through others, to enter the premises to install, maintain, and remove the Equipment and to make inspections, tests, repairs and changes to the Equipment. RRPERS, shall have no obligation to repair, redecorate or pay the repair or redecoration of any portion of the premises or appliances in the premises upon removal of the Equipment.
9.False Notification Alarms.
You agree that each User of the System will use it carefully so as to avoid causing false notifications or alarms. Verbally requesting emergency respondents (e.g. police, EMT, EMS or FIRE) when no emergency exists could be a crime. If we receive too many false notifications or alarms, that will constitute a breach of contract by you, and we may cancel monitoring service. If a false alarm fine or penalty or a response fee is charged to us or you by any governmental agency, you will pay for the charge.
10. Service Interruptions.
RRPERS, shall not be liable for any delay or non-delivery of the Equipment caused by circumstances beyond its direct control. RRPERS, shall have no liability for any delay in the installation or maintenance of the Equipment or for an interruption in service due to any cause beyond its control. RRPERS, shall resume performance of its contractual obligations after the cause of delay or interruption has been corrected.
11. Limitation of Liability.
RRPERS, is not an insurer and the amount charged is based only on the value of the monitoring services provided. RRPERS, cannot guarantee in any way that the Equipment will prevent accidents, death or personal injury to you or others, fire, property damage, illegal entry or undue delay in any emergency service response from occurring and is not liable in any manner for any loss or damage resulting therefrom. RRPERS, is not responsible or liable for any injury, loss or damage caused by persons responding, failing to respond, or failing to respond promptly to Subscriber’s home. RRPERS, is not responsible or liable for any injury, loss or damage caused in whole or in part by damage to the Equipment while in your possession, improper installation, unreasonable use or abuse of the Equipment, failure to provide proper maintenance or to follow the written instructions provided.
12. Limitation Of Damages.
Except as limited above, should any loss, damage or injury occur to the premises, or to any person or property on the premises, as a result of a failure of the Equipment, the liability, if any, of RRPERS,, shall be limited to Fifty ($50.00) Dollars as liquidated damages and this remedy shall be exclusive. In no event will RRPERS, be liable to Subscriber for consequential, special or other damages of any nature. This limitation applies irrespective of the nature, severity, and cause of such injury, loss or damage and irrespective of the legal theory of liability asserted against RRPERS.
Subscriber agrees to and shall indemnify, defend and hold harmless RRPERS, its employees and agents for and against all claims, lawsuits, and losses of every nature, irrespective of legal theory, brought or sustained by persons or entities other than Subscriber. The Subscriber agrees to pay any costs and charges related to unnecessary alarms caused by acts or omissions of the Subscriber or persons residing with or visiting Subscriber.
14. Limitation Of Warranties.
If the Equipment fails to function during the term of this contract or any renewal RRPERS, shall, at its sole option, repair or replace the Equipment at its expense, and shall be Subscriber’s sole and exclusive remedy for any breach of warranty by RRPERS. The foregoing limited warranty does not cover failure to function caused by damage to the Equipment while in your possession, improper installation, unreasonable use or abuse of the Equipment, failure to provide proper maintenance or to follow the written instructions provided.
THE REMEDIES PROVIDED IN THE ABOVE EXPRESS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO THE SUBSCRIBER. NO OTHER EXPRESS WARRANTIES ARE MADE. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, ARE LIMITED IN EXTENT AND DURATION AS SET FORTH ABOVE. IN NO EVENT SHALL ADC BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
RRPERS, reserves the right to appoint an agent to perform its monitoring service obligations. Such agent shall be entitled to avail itself of any contract provision or defense available to RRPERS, with respect to any claim or cause of action whatsoever arising out of this agreement.
16. Time Limitations.
Subscriber must commence any claim for damages against RRPERS, within 30 days of when Subscriber knew or should have known of such claim for damages. Any such claim not filed within 30 days shall be forever barred.
17. Law Governing, Venue & Waiver Of Jury Trial.
This contract is made in and shall be governed by the laws of the State of Florida. Any and all legal proceedings instituted against RRPERS, by Subscriber shall be commenced in the Court of Pinellas County, Florida. Notwithstanding the above limitation, Subscriber waives his/her right to a jury trial in any jurisdiction concerning any claim against RRPERS.
If any sentence or provision of this contract is determined to be unenforceable, then the remaining sentences and provisions will remain a part of this contract without the unenforceable sentence or provision.
19. Assignment, Successors, and Assigns.
This contract is non-transferable by the Subscriber to any person without the prior written consent of RRPERS. This contract is fully assignable by RRPERS. All the terms and provisions of this Contract shall be binding upon RRPERS, and Subscriber’s heirs, personal representatives, transferees, successors and assigns.
20. Entire Agreement.
This contract contains the entire agreement between the Subscriber and RRPERS, and can be changed only by a written document signed by the Subscriber and RRPERS.
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