HomeMy WebLinkAboutContract 2024-057ADocusign Envelope ID: 56E8B512-9F31-4511-8FDE-CBAC72E2EA06
s
- � A arm Protection Center, LLC L#EG130W,%,5
qW L.astcr
PO Box 120396, Clermont, FL 34712 - 339 Frontage Rd. Clermont, FL 34711
Office 352-394-8894 Fax 352-432-1415 E-mail: alarmprotectioncentei ahoo.com
Alarm System Monitoring and Service Agreement ❑ New Installation ■ Takeover ❑ Move ❑ Renewal
This Alarm System Monitoring and Service Agreement (this "Agreement') is entered into this 4th day of Oct 2024 (the "Effective Date"), by and
between this Agreement and Alarm Protection Center, LLC ("Company". Which definition shall include its assignee(s)) and:
Customer Information:
Customer Name: (Homeowner or Business Name): City of Clermont 4th Street Water Well
For premise located at: Mailing/ Billing Address (if different from Monitored Location):
3335 Hancock Rd. 460 W. Minnehaha Ave
Clermont FL 34712 Clermont, FL 34711
Monitored Location Telephone Number: 352-241-0178 Customer Cell Phone/Alternate Number: 352-973-3129 Edward R
E-mail Address (required): erashinskas@clermontfl.org
Schedule of Monthly Rate:
Basic Monitoring
Interactive Services
$30.00
Video Package
$
Maintenance Agreements
(cel I)Ww,,c2a. Air —con, Aua etc)
(See Mairtenance Agreemett Form)
Two -Way Voice
$ FirelSmtoke Monitoring
s
Other
$
Total Monthly Amount
30.00
(Plus Sales Tax if Applicable)
/mo+tax
I have verified the identity of this consumer by a government issued identification
Sales Representative's Name: (Printed) Sales Representative's Signature:
(type)
1. Price and Payment Terms: E(customer Itntiars)
1.1 The first payment for service is due on or before the day Company connects the Equipment to a central station and a satisfactory test signal from such Equipment is received
("Activation"). All subsequent service period payments are due in advance of the service provided.
1.2 This agreement is to be billed in (please check one) monthly _ quarterly _ annual or bi-annual installments_
1.3 This agreement shall continue for a period of 36 months from the date monitoring services begins.
The contract shall automatically renew under the same terms and conditions for a successive 12-month period unless either party notifies the other in writing not less than
thirty (30) days prior before next renewal period.
2. Terms and Conditions: Receipt of Copy: S (Customer Irptials)
Customer represents and warrants to Company that Customer has read and understands all of the terms and conditions herein, including those on the reverse side hereof, including,
without limitation of liability and liquidated damages, and all of the terms and conditions printed on the documents attached to or referenced in this Agreement (including reverse sides)
before executing this Agreement.
Business Customers Only.
If the subscriber is a business entity such as a Partnership, Limited Liability Company or Corporation, the individual signing this agreement on behalf of the subscriber shall be personall
liable as a surehl for the subscriber's financial obligations.
Residential Customers Only
CONSUMERS RIGHT TO CANCEL: YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR OBLIGATION WITHIN 3 (threet BUSINESS DAYS FROM THE ABOVE DATE AND RECEIVE A
FULL REFUND OF ALL PAYMENTS MADE TO THE SELLER. YOU MAY ALSO CANCEL THIS CONTRACT IF THE SERVICES CEASE TO BE OFFERED AS STATED IN THE CONTRACT. IF YOU CANCEL
THE CONTRACT FOR EITHER OF THESE REASONS THE SELLER MAY KEEP ONLY A PORTION OF THE CONTRACT PRICE EQUAL TO A PRORATA OF THE TOTAL PRICE REPRESENTING THE
PROPORTION OF SERVICES YOU USED OR COMPLETED PLUS THE COST TO THE SELLER OF ANY RELATED GOODS WHICH YOU HAVE CONSUMED OR RETAINED, THIS CONTRACT OR NOTE
IS FOR FUTURE CONSUMERS AND PUTS ALL ASSIGNEES ON NOTICE OF THE CONSUMERS's RIGHT TO CANCEL UNDER CHAPTER 2-18 FLORIDA ADMINISTRATIVE CODE. SEE THE ATTACHED
NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT. YOU MAY CANCEL THIS AGREEMENT BY PROVIDING WRITTEN NOTICE TO THE SELLER IN PERSON BY TELEGRAM
OR BY MAIL. THIS NOTICE MUST INDICATE THAT YOU DO NOT WANT THE GOODS OR SERVICES AND MUST BE DELIVERED OR POSTMARKED BEFORE MIDNIGHT ON THE THIRD BUSINESS
DAY AFTER YOU SIGN THIS AGREEMENT. IF YOU CANCEL THIS AGREEMENT THE SELLER MAY NOT KEEP ALL OR PART OF ANY CASH DOWN PAYMENT.
3. Familiarization Period: (Customer tr6als)
This Period is designated to allowi�Lt.mer to become successful with the operation of the system and reduce unwanted false alarms. You agree and understand that your system
will not be monitored for the first 48 hours after the installation or takeover of your system and that this period may be extended up to any such period required by law. You further agree
that during this initial period (or any applicable extension required by law) we have no obligation to respond to any alarm signal received from your alarm. You may waive the
Familiarization period below. However, any request to waives rmisslble only where no local, state or federal ordinances prevent such a request.
1711 hereby request the Familiarization Period to be waived.5 (cDVt0nr1 t *j
4. Home Owner's Policy:
Insurance Company Name:
Agents Name:
AgentlCompany Telephone -
Policy Number:
Agents Email:.
IN WITNESS WHEROF, and intending to be legally bound hereby, the parties have executed this agreement on the date first written above.
Accepted as of the Effective Date set forth above by: DocuSigned by:
� S Procurement services
/� db ears (ir>clude Title if Business Customer)
�yTc44N zed Representative's Signature A am4_44S
nt,M*rhy�rature
Docusign Envelope ID: 56E8B512-9F31-4511-8FDE-CBAC72E2EA06
w
23. Delays in Service: Company makes no promise that there will be no interruptions of service or
delay in performing service. Company's sole obligation after receiving a service request from you is
to dispatch a service employee to the Premises within a reasonable time after a service employee
becomes available, during normal business hours excluding Saturdays, Sundays and holidays.
24. Takeover Simlems: If the System is a takeover, in whole or in part, Company reserves the
right, in its sole and absolute discretion, to terminate this Agreement at any time by ten (10) days
written notice to you in the event Company determines, in As sole and absolute discretion, that
there have been excessive activations of the System, that the System has been abused or that the
number of problems or cost of service has or may become excessive, and you shall be entitled to
reimbursement of the earned charge paid for the period on your request and this shall be the limit
of Company's liability.
25._Remote Programming S-ervices:_Remote programming services consists of inputting,
modifying, deleting and using electronic data concerning operation of the System through
electronic communication between the System and Company's office or monitoring facility. You
hereby consent to Company's performance of all such services pursuant to Company's prevailing
charges, A any, for such service, which you agree to pay to Company.
26. Suspension of Service: You agree that Company's obligations hereunder are waived
automatically without notice and you release Company for all loss, damage and expense in the
event of a breach of this Agreement by Subscriber or if the monitoring facility, telephone network,
equipment, or facilities necessary to operate the System or monitoring facility are destroyed,
damaged, inoperable or malfunction for any reason whatsoever, for the duration of such
interruption of service, and you shall be entitled to reimbursement of the unearned charge paid for
the period of interruption on your request and this shall be the limit of Company's liability.
27: COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY, INCLUDING ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS THAT THE SYSTEM OR
SERVICE SUPPLIED MAY NOT BE COMPROMISED, CIRCUMVENTED, OR THE SYSTEM OR
pertaining thereto, all of which shall be deemed merged into this Agreement. NEITHER PARTY
HAS AUTHORITY TO MAKE OR CLAIM ANY REPRESENTATION, TERM, PROMISE,
CONDITION, STATEMENT, WARRANTY, OR IDUCEMENT (COLLECTIVLEY, "INDUCEMENT")
THAT IS NOT EXPRESSED HEREIN. EACH PARTY REPRESENTS THAT ITINE(SHE IS NOT
RELYING ON ANY INDUCEMENT IN SIGNING THIS AGREEMENT THAT IS NOT EXPRESSED
IN THIS AGREEEMENT.
31Valid Agreement: Should any provision hereof (or portion tbereof), or its application to any
circumstances, be held illegal, invalid or unenforceable to any extent, the validly and enforceability
of the remainder of the provision and this Agreement, or of such provisions as applied to any other
circumstances, shall not be affected thereby, and shall remain in full force and effect as valid,
binding and continuing,
32. Modifications: All changes or amendments to this Agreement must be in writing and signed by
all parties.
33. Additional Equipment or Service: If, at any time after the date hereof, you request or
authorize abcfitional equipment or services, all sales, installation and services supplied by
Company shall be subject to the terms of this Agreement only, except that additional charges shall
be made for such additional sales, installation or services.
34. Right to Subcontract: Company may, in its sole and absolute discretion, subcontract for the
provision of services under this Agreement. You acknowledge and agree that the provisions of this
Agreement inure to the benefit of and are applicable to any subcontractors engaged by Company
to provide any service set forth herein to you, and bind you to said subcontractor(s) with the same
force and effect as they bind you to Company.
35. Consent to Intercept. Record, Disclose and Use Contents of Communications: You, for
yourself and as the authorized agent of your family, guests, agents, servants, representatives and
employees (inclividually and collectively, 'Any Person'), hereby consent to Company intercepting,
recording, retrieving, reviewing, copying, disclosing and using the contents of all telephone, video,
wire, oral, electronic and other forms of communication to which you, Any Person or Company are
parties.
36. MEDICAL EMERGENCY SIGNAL: YOU ACKNOWLEDGE AND AGREE THAT COMPANY'S
SOLE RESPONSIBILITY UPON RECEIPT OF A MEDICAL EMERGENCY SIGNAL
TRANSMITTED FROM THE SYSTEM IS TO CALL BY TELEPHONE THE MEDICAL
ASSISTANCE PROVIDERS AS DIRECTED BY YOU. YOU UNDERSTAND AND AGREE THAT
COMPANY AND REPRESENTATIVES ARE HEREBY RELEASED FROM LIABILITY DUE TO
ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE
OF COMPANY OR REPRESENTATIVES WHICH YOU, OR ANYONE CLAIMING THROUGH
YOU, IN ANY WAY MIGHT OR COULD CLAIM AGAINST COMPANY OR REPRESENTATIVES
BASED UPON, ARISING OUT OF OR FROM, IN CONNECTION WITH, RESULTING FROM,
RELATED TO OR AS A CONSEQUENCE OF COMPANY'S OR REPRESENTATIVES' FAILURE
TO CONTACT OR IMPROPER DISPATCH OF MEDICAL PROVIDERS.
37. Prior Agreement With Others: You represent and warrant that (a) your cancellation or
termination of any contract, or (b) execution of this agreement does not breach and will not breach
any contract with or obligation to any other person. You agree to protect, defend, indemnify and
hold harmless Company and Representatives from and against and pay (without any condition or
obligation that Company or Representatives first pay) for all claims, demands, surfs, liabilities,
losses, damages, judgments, costs and expenses including, without limitation, attorneys' fees and
court costs arising out of or from, in connection with, as a result of, related to or as a consequence
of your breach of this representation and warranty.
38. Paragraph Headings: The paragraph titles used Mein are for convenience of the parties
only and shall not be construing the provisions of this Agreement.
39. Right to Terminates Notwithstanding anything contained herein to the contrary, Company
may, in its sole discretion, terminate this Agreement, with or without cause and without any liability
whatsoever, upon thirty (30) days notice to Subscriber. In the event such termination is without
cause, Company shall, upon written request of Subscriber, refund any unearned service charges.
40. Transmission of Data. Video or Voice: You acknowledge and agree that the System is a
non -supervised reporting device. If the transmission medium for delivery of data, video images or
voice communications from your System to the monitoring facility is incompatible with the System
or inoperative, circumvented or interrupted by natural or human causes including , without
(imtation, the cutting of the telephone line, radio transmission interference, power line surges or
outages, intemet or broadband problems and internal or broadband provider problems, there is no
indication of the fact at the monitoring facility. Further, you understand that (i) a video system
SERVICES WILL IN ALL CASES PROVIDE THE SIGNALING, MONITORING AND RESPONSE
FOR WHICH IT WAS INTENDED; THAT YOU ARE NOT RELYING ON COMPANY'S SKILL OR
JUDGMENT IN SELECTING OR FURNISHING A SYSTEM SUITABLE FOR ANY PARTICULAR
PURPOSE; THAT THERE ARE NO EXPRESS WARRANTIES WHICH EXTEND BEYOND
THOSE ON THE FACE OF THIS AGREEMENT OF HEREIN, AND THAT ALL IMPLIED
WARRANTIES, IF ANY, COINCIDE WITH THE DURATION OF THIS WARRANTY. SOME
STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LAST OR
THE EXCLUSION OR THE LIMITATIONS OR INCIDENTIAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS,
WHICH VARY FROM STATE TO STATE.
28. Company Duty Concerning Property of Others: You agree that Company has no
responsibility for the condition or operation of any equipment or device, or property of any sort of
Subscriber, the telephone company or others ('Property'). If Company provides service to
Property, you agree that all relevant terms and conditions of this Agreement shall apply to all such
service and you shall pay for such service on a time and material basis at Company's then
prevailing charges.
29. Contractual Limitation of Actions: All claims, actions, or proceedings against Company or
Representatives must be commenced in court within one (1) year after the cause of action has
accrued, without judicial extension of time or said claim, action or proceeding is barred. The time
period in this paragraph must be strictly complied with.
30. Integrated Agreement: This instrument contains the entire agreement between the parties
hereto with respect to the transactions described herein and supersedes all prior or current
negotiations, commitments, contracts, express or implied, warranties, express or implied,
statements and representations, whether written or oral,
enables Company to view your Premises and the area outside your Premises, and (ii) a two-way
voice system enables Company to 'listen -in' to your Premises. You authorize and consent to
Company viewing your Premise and the area outside of your Premise and listening -in to your
Premise.
41. Company as Agent: Revocation: Ratification: Retroactive Date: You hereby appoint
Company as your agent for Company, in Company's nary to give direction to any monitoring
facility which is a subcontractor of Company, as if done by you in your own right, concerning any
and all matters arising out of or from, in connection with or related to the performance of monitoring
services. The authority granted to Company under this section shall continue to be binding upon
you until revocation in writing, signed by you, shall have been actually received by Company and
the monitoring facility; and no such notice shall affect anything done by (a) Company in reliance
heron or pursuant hereto or (b) the monitoring facility pursuant to the request or demand of
Company of Company prior to actual receipt by Company and the monitoring facility of said written
and signed notice of revocation. You hereby ratify and confirm all prior and contemptuous ants of
(x) the monitoring facility pursuant to the request or demand of Company and (y) Company
pursuant to this section which you acknowledge and agree shall be and is deemed to be
retroactive to the initial date Company performed services for you or the monitoring facility
performed monitoring services on your behalf.
Q. Video Systems: If the System transmits video, Subscriber shall (i) provide and maintain
adequate power and lighting for all cameras or other vide -related equipment; (ii) inform all persons
on the Premises that they may be monitored by video; (iii) not use or permit the use of video
installed where any person may have a reasonable expectation of privacy; (iv) use broadband
connectivity exclusively to transmit video from any System; (v) use the video System for security
surveillance and management services only; (vi) not use the video System for any criminal, illegal,
or otherwise unlawful activity; and (vii) obtain and keep in effect all permits or licenses required for
the installation and operation of the video System.
43. Email Notice: In the event Subscriber elects to receive automatic email notice of certain
System events, e.g., the arming or disarming of the System, Subscriber acknowledges,
understands and agrees that any such notice is conditioned on (a) receipt of the data at
Company's monitoring facility, (b) the proper operation of communication equipment, services,
systems and networks including, without limitation, the internal and (c) no failure malfunction or
delay in processing or transmitting the data by Company's equipment or software.
44. Limited Warranty New Installations Only); We agree to make all repairs and replacement of
parts without cost to you for a period of ninety (90) days from the date of installation in the event
that any part of the System becomes defective, or in the event that any repairs are required. We
reserve the option to either replace or repair the defective part(s), and reserve the right to
substitute materials of equal quality at time of replacement, or to use reconditioned parts in
fulfillment of this warranty. This warranty is not assignable and does not cover batteries, light bulbs,
LEDs, LCD's, reprogramming, damage by lightning, electrical surge, wiring or foil warranty you
wee to look exclusively to the manufacturer of the equipment for repairs under its warranty
coverage, it any. This Limited Warranty does not cover any damage to the System caused by
accident, vandalism, tampering, your negligence, water, flood, lightning, fire, intrusion, abuse,
misuse, acts of God, unauthorized repairs, modifications or installation by anyone other than us.
45. Takeover Systems; Company does not warranty any existing equipment previously installed.
All equipment must be in good working order and functioning properly. Customer understands that
during the reprogramming process, any equipment not working property will be replaced at the
owners expense
Docusign Envelope ID: 56E8B512-9F31-4511-8FDE-CBAC72E2EA06
;;. ACarm Protection Center,11 C r.ke #EG33M85
PO Box 1203%, Clermont, FL 34712 - 339 Frontage Rd. Clermont, FL 34711
Office 352-394-8884 Fax 352-432-1415 E-mail: alarmprotectioncenterih-ahoo.com
Alarm System Monitoring and Service Agreement ❑ New Installation ❑ Takeover ❑ Move 171 Renewal
This Alarm System Monitoring and Service Agreement (this "Agreement") is entered into this _ day of 2023 (the "Effective Date"),
by and between this Agreement and Alarm Protection Center, LLC ('Company'. Which definition shall include its assignee(s)) and:
Customer Information:
Customer Name: (Homeowner or Business Name):
For premise located at:
3335 Hancock Rd.
Clermont, FL 34712
of Clermont 500K Water Tower
Monitored Location Telephone Number: 352-241-0178
E-mail Address (required): erashinskas@ctermontfl.org
Schedule of Monthly Rate:
Mailing/ Billing Address (if different from Monitored Location):
1102 Bloxam St.
Clermont, FL 34711
Customer Cell Phone(Alternate Number,
Basic Monitoring [$30.00 Interactive Services s n/a ; Video Package
(Ce@D"WM,C24,Alarmsom AWa etc)
Two -Way Voice $
Fire/Smoke Monitoring Is
Other
I have verged the identity of this consumer by a government issued identification
Sales Representative's Name: (Printed) Sales Representative's Signature:
Maintenance Agreements srita
(See hilaintenance Agreement Form)
Total Monthly Amount 30-00
(Plus Sales Tax if Amicable) /mo+tax
(type)
1. Price and Payment Terms: 5ELL (customer Imbas)
1.1 The first payment for service is due on or before the day Company connects the Equipment to a central station and a satisfactory test signal from such Equipment is received
("Activation"). All subsequent service period payments are due in advance of the service provided.
12 This agreement is to be billed in (please check one) monthly _ quarterly annual or bi-annual installments.
1.3 This agreement shall continue for a period of 36 months from the date monitoring services begins.
The contract shall automatically renew under the same terms and conditions for a successive 12-month period unless either party notifies the other in writing not less than
thirty (30) days prior before next renewal period.
Ds
2. Terms and Conditions: Receipt of Copy t S (Customer Initials)
Customer represents and warrants to Company that Customer has read and understands all of the terms and conditions herein, including those on the reverse side hereof, including,
without limitation of liability and liquidated damages, and all of the terms and conditions printed on the documents attached to or referenced in this Agreement (including reverse sides)
before executing this Agreement.
Business Customers Only.
If the subscriber is a business entity such as a Partnership, Limited Liability Company or Corporation, the individual signing this agreement on behalf of the subscriber shall be personall
liable as a surety for the subscriber's financial obligations.
Residential Customers Only
CONSUMERS RIGHT TO CANCEL: YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR OBLIGATION WITHIN 3 fihreet BUSINESS DAYS FROM THE ABOVE DATE. AND RECEIVE A
FULL REFUND OF ALL PAYMENTS MADE TO THE SELLER. YOU MAY ALSO CANCEL THIS CONTRACT IF THE SERVICES CEASE TO BE OFFERED AS STATED IN THE CONTRACT IF YOU CANCEL
THE CONTRACT FOR EITHER OF THESE REASONS THE SELLER MAY KEEP ONLY A PORTION OF THE CONTRACT PRICE EQUAL TO A PRORATA OF THE TOTAL PRICE REPRESENTING THE
PROPORTION OF SERVICES YOU USED OR COMPLETED PLUS THE COST TO THE SELLER OF ANY RELATED GOODS WHICH YOU HAVE CONSUMED OR RETAINED. THIS CONTRACT OR NOTE
IS FOR FUTURE CONSUMERS AND PUTS ALL ASSIGNEES ON NOTICE OF THE CONSUMERS'S RIGHT TO CANCEL UNDER CHAPTER 2-11 FLORIDA ADMINISTRATIVE CODE SEE THE ATTACHED
NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT. YOU MAY CANCEL THIS AGREEMENT BY PROVIDING WRITTEN NOTICE TO THE SELLER IN PERSON, BY TELEGRAM
OR BY MAIL. THIS NOTICE MUST INDICATE THAT YOU DO NOT WANT THE GOODS OR SERVICES AND MUST BE DELIVERED OR POSTMARKED BEFORE MIDNIGHT ON THE THIRD BUSINESS
DAY AFTER YOU SIGN THIS AGREEMENT. IF YOU CANCEL THIS AGREEMENT THE SELLER MAY NOT KEEP ALL OR PART OF ANY CASH DOWN PAYMENT.
3. Familiarization Period: t S (customer hfids)
This Period is designated to allow t e customer to become successful with the operation of the system and reduce unwanted false alarms. You agree and understand that your system
will not be monitored for the first 48 hours after the installation or takeover of your system and that this period may be extended up to any such period required by law. You further agree
that during this initial period (or any applicable extension required by law) we have no obligation to respond to any alarm signal received from your alarm. You may waive the
Familiarization period below. However, any request to waive pRmW' able only where no local, state or federal ordinances prevent such a request.
❑ I hereby request the Familiarization Period to be waived.(cDstomer Irah9%)
4. Home Owner's Policy:
Insurance Company Name:
Agents Name:
Policy Number:
Agent/Company Telephone Agents Email:
IN WITNESS WHEROF, and intending to be legally bound hereby, the parties have executed this DoSignetl by: agreement on the date first written above.
Accepted as of the Effective Date set forth above by: Procurement services
DoeuSignetl by:
(�4— %j„o ., a (include Title if Business Customer)
hscA96t6hzed Representatives Signatures S
�S3q;s�jgnature
Docusign Envelope ID: 56E8B512-9F31-4511-8FDE-CBAC72E2EAO6
23. Delays in Service: Company makes no promise that there will be no interruptions of service or
delay in performing service. Company's sole obligation after receiving a service request from you is
to dispatch a service employee to the Premises within a reasonable time after a service employee
becomes available, during normal business hours excluding Saturdays, Sundays and holidays.
24. Takeover Systems: If the System is a takeover, in whole or in part, Company reserves the
right, in its sole and absolute discretion, to terminate this Agreement at any time by ten (10) days
written notice to you in the event Company determines, in its sole and absolute discretion, that
there have been excessive activations of the System, that the System has been abused or that the
number of problems or cost of service has or may become excessive, and you shall be entitled to
reimbursement of the earned charge paid for the period on your request and this shall be the Imit
of Company's liability.
25. Remote Programming Services: Remote programming services consists of inputting,
mocifying, deleting and using electronic data concerning operation of the System through
electronic communication between the System and Company's office or monitoring facility. You
hereby consent to Company's performance of all such services pursuant to Company's prevailing
charges, if any, for such service, which you agree to pay to Company.
26. Suspension of Service: You agree that Company's obligations hereunder are waived
automatically without notice and you release Company for all loss, damage and expense in the
event of a breach of this Agreement by Subscriber or if the monitoring facility, telephone network,
equipment, or facilities necessary to operate the System or monitoring facility are destroyed,
damaged, inoperable or malfunction for any reason whatsoever, for the duration of such
interruption of service, and you shall be entitled to reimbursement of the unearned charge pad for
the period of interruption on your request and this shall be the limit of Company's liability.
27: COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY, INCLUDING ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS THAT THE SYSTEM OR
SERVICE SUPPLIED MAY NOT BE COMPROMISED, CIRCUMVENTED, OR THE SYSTEM OR
pertaining thereto, all of which shall be deemed merged into this Agreement. NEITHER PARTY
HAS AUTHORITY TO MAKE OR CLAIM ANY REPRESENTATION, TERM, PROMISE,
CONDITION, STATEMENT, WARRANTY, OR IDUCEMENT (COLLECTIVLEY, "INDUCEMENT")
THAT IS NOT EXPRESSED HEREIN. EACH PARTY REPRESENTS THAT IT/HEISHE IS NOT
RELYING ON ANY INDUCEMENT IN SIGNING THIS AGREEMENT THAT IS NOT EXPRESSED
IN THIS AGREEEMENT.
31. Valid Agreement: Should any provision hereof (or portion thereof), or its application to any
circumstances, be held illegal, invalid or unenforceable to any extent, the validity and enforceability
of the remainder of the provision and this Agreement, or of such provisions as applied to any other
circumstances, shall not be affected thereby, and shall remain in full force and effect as valid,
binding and continuing.
32, Modifications: All changes or amendments to this Agreement must be in writing and signed by
all parties.
33. Additional Equipment or Service: If, at any time after the date hereof, you request or
authorize additional equipment or services, all sales, installation and services supplied by
Company shall be subject to the terms of this Agreement only, except that additional charges shall
be made for such additional sales, installation or services.
34. Right to Subcontract: Company may, in its sole and absolute discretion, subcontract for the
provision of services under this Agreement. You acknowledge and agree that the provisions of this
Agreement inure to the benefit of and are applicable to any subcontractors engaged by Company
to provide any service set forth herein to you, and bind you to said subcontractor(s) with the same
force and effect as they bind you to Company.
35Consent to Intercept. Record Disclose and Use Contents of Communications: You, for
yourself and as the authorized agent of your family, guests, agents, servants, representatives and
employees (individually and collectively, 'Any Person'), hereby consent to Company intercepting,
recording, retrieving, reviewing, copying, disclosing and using the contents of all telephone, video,
wire, oral, electronic and other forms of communication to which you, Any Perron or Company are
parties.
36. MEDICAL EMERGENCY SIGNAL: YOU ACKNOWLEDGE AND AGREE THAT COMPANY'S
SOLE RESPONSIBILITY UPON RECEIPT OF A MEDICAL EMERGENCY SIGNAL
TRANSMITTED FROM THE SYSTEM IS TO CALL BY TELEPHONE THE MEDICAL
ASSISTANCE PROVIDERS AS DIRECTED BY YOU. YOU UNDERSTAND AND AGREE THAT
COMPANY AND REPRESENTATIVES ARE HEREBY RELEASED FROM LIABILITY DUE TO
ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE
OF COMPANY OR REPRESENTATIVES WHICH YOU, OR ANYONE CLAIMING THROUGH
YOU, IN ANY WAY MIGHT OR COULD CLAIM AGAINST COMPANY OR REPRESENTATIVES
BASED UPON, ARISING OUT OF OR FROM, IN CONNECTION WITH, RESULTING FROM,
RELATED TO OR AS A CONSEQUENCE OF COMPANY'S OR REPRESENTATIVES' FAILURE
TO CONTACT OR IMPROPER DISPATCH OF MEDICAL PROVIDERS.
37. Prior Agreement With Others: You represent and warrant that (a) your cancellation or
termination of any contract, or (b) execution of this agreement does not breach and will not breach
any contract with or obligation to any other person. You agree to protect, defend, indemnify and
hold harmless Company and Representatives from and against and pay (without any condition or
obligation that Company or Representatives first pay) for all claims, demands, suits, liabilities,
losses, damages, judgments, costs and expenses including, without limitation, attomeys' fees and
court costs arising out of or from, In connection with, as a result of, related to or as a consequence
of your breach of this representation and warranty.
38. Paragraph Headings: The paragraph titles used herein are for convenience of the parties
only and shall not be construing the provisions of this Agreement.
39. Right to Terminate: Notwithstanding anything contained herein to the contrary, Company
may, in its sole discretion, terminate this Agreement, with or without cause and without any liability
whatsoever, upon thirty (30) days notice to Subscriber. In the event such termination is without
cause, Company shall, upon written request of Subscriber, refund any unearned service charges.
40. Transmission of Data, Video or Voice: You acknowledge and agree that the System is a
non -supervised reporting device. If the transmission medium for delivery of data, video images or
voice communications from your System to the monitoring facility is incompatible with the System
or inoperative, circumvented or interrupted by natural or human causes including , without
limitation, the cutting of the telephone line, radio transmission interference, power tine surges or
outages, internet or broadband problems and internet or broadband provider problems, there is no
indication of the fact at the monitoring facility. Further, you understand that (i) a video system
SERVICES WILL IN ALL CASES PROVIDE THE SIGNALING, MONITORING AND RESPONSE
FOR WHICH IT WAS INTENDED; THAT YOU ARE NOT RELYING ON COMPANY'S SKILL OR
JUDGMENT IN SELECTING OR FURNISHING A SYSTEM SUITABLE FOR ANY PARTICULAR
PURPOSE; THAT THERE ARE NO EXPRESS WARRANTIES WHICH EXTEND BEYOND
THOSE ON THE FACE OF THIS AGREEMENT OF HEREIN, AND THAT ALL IMPLIED
WARRANTIES, IF ANY, COINCIDE WITH THE DURATION OF THIS WARRANTY. SOME
STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LAST OR
THE EXCLUSION OR THE LIMITATIONS OR INCIDENTIAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS,
WHICH VARY FROM STATE TO STATE.
28. Company Duty Concerning Property of Others: You agree that Company has no
responsibility for the condition or operation of any equipment or device, or property of any sort of
Subscriber, the telephone company or others ('Property'). If Company provides service to
Property, you agree that all relevant terms and conditions of this Agreement shall apply to all such
service and you shall pay for such service on a time and material basis at Company's then
prevdiling charges.
29. Contractual Limitation of Actions: All clams, actions, or proceedings against Company or
Representatives must be commenced in court within one (1) year after the cause of action has
accrued, without judicial extension of time or said clam, action or proceeding is barred. The time
period in this paragraph must be strictly complied with.
30. Integrated Agreement: This instrument contains the entire agreement between the parties
hereto with respect to the transactions described herein and supersedes all prior or current
negotiations, commitments, contracts, express or implied, warranties, express or implied,
statements and representations, whether written or oral,
enables Company to view your Premises and the area outside your Premises, and (ii) a two-way
voice system enables Company to 'listen -in' to your Premises. You authorize and consent to
Company viewing your Premise and the area outside of your Premise and listening -in to your
Premise.
41. Company as Ascent: Revocation: Ratification: Retroactive Date: You hereby appoint
Company as your agent for Company, in Company's name to give direction to any monitoring
facility which is a subcontractor of Company, as if done by you in your own right, concerning any
and all matters arising out of or from, in connection with or related to the performance of monitoring
services. The authority granted to Company under this section shall continue to be binding upon
you until revocation in writing, signed by you, shall have been actually received by Company and
the monitoring facility; and no such notice shall affect anything done by (a) Company in reliance
heron or pursuant hereto or (b) the monitoring facility pursuant to the request or demand of
Company of Company prior to actual receipt by Company and the monitoring facility of said written
and signed notice of revocation. You hereby ratify and confirm all prior and contemptuous ants of
(x) the monitoring facility pursuant to the request or demand of Company and (y) Company
pursuant to this section which you acknowledge and agree shall be and is deemed to be
retroactive to the initial date Company performed services for you or the monitoring facility
performed monitoring services on your behalf.
42. Video Systems: If the System transmits video, Subscriber shall (i) provide and maintain
adequate power and fighting for all cameras or other vide -related equipment; (ii) inform all persons
on the Premises that they may be monitored by video; (iii) not use or permit the use of video
installed where any person may have a reasonable expectation of privacy; (iv) use broadband
connectivity exclusively to transmit video from any System; (v) use the video System for security
surveillance and management services only, (vi) not use the video System for any criminal, illegal,
or otherwise unlawful activity, and (vii) obtain and keep in effect all permits or licenses required for
the installation and operation of the video System.
43. Email Notice., In the event Subscriber elects to receive automatic email notice of certain
System events, e.g., the arming or disarming of the System, Subscriber acknowledges,
understands and agrees that any such notice is conditioned on (a) receipt of the data at
Company's monitoring facility, (b) the proper operation of communication equipment; services,
systems and networks including, without limitation, the internet and (c) no failure malfunction or
delay in processing or transmitting the data by Company's equipment or software.
44. Limited Warranty j_New Installations Only): We agree to make all repairs and replacement of
parts without cost to you for a period of ninety (90) days from the date of installation in the event
that any part of the System becomes defective, or in the event that any repairs are required. We
reserve the option to either replace or repair the defective part(s), and reserve the right to
substitute materials of equal quality at time of replacement, or to use reconditioned parts in
fulfillment of this warranty- This warranty is rot assignable and does not cover batteries, light bulbs,
LEDs, LCD's, reprogramming, damage by lightning, electrical surge, wiring or foil warranty you
agree to look exclusively to the manufacturer of the equipment for repairs under its warranty
coverage, if any. This Limited Warranty does not cover any damage to the System caused by
accident, vandalism, tampering, your negligence, water, flood, lightning, fire, intrusion, abuse,
misuse, acts of God, unauthorized repairs, modifications or installation by anyone other than us.
45. Takeover Systems: Company does not warranty any existing equipment previously installed.
All equipment must be in good working order and functioning properly. Customer understands that
during the reprogramming process, any equipment not waking properly will be replaced at the
owners expense
Docusign Envelope ID: 56E8B512-9F31-4511-8FDE-CBAC72E2EA06
_ACarm Protection Center, LAC I cerise EG13000565
q PO Box 1203%, Clermont, FL 34712 - 339 Frontage Rd. Clermont, FL 34711
Office 352-394-8884 Fax 352432-1415 E-mail: rrotectioncentei ahoo.com
Alarm System Monitoring and Service Agreement ❑ New Installation ■ Takeover ❑ Move ❑ Renewal
This Alarm System Monitoring and Service Agreement (this "Agreement') is entered into this 4th day of Oct 2024 (the "Effective Date"), by and
between this Agreement and Alarm Protection Center, LLC ("Company'. Which definition shall include its assignee(s)) and:
Customer Information:
Customer Name: (Homeowner or Business Name):
For premise located at:
3335 Hancock Rd.
Clermont, FL 34712
of Clermont Grand Hwy Well
Monitored location Telephone Number: 352-241-0178
E-mail Address (required): erashinskas@clermontfl.org
Schedule of Monthly Rate:
Mailing/ Billing Address (if different from Monitored Location):
100 N. Bloxam Ave
Clermont, FL 34711
Customer Cell Phone/Alternate Number:
Basic Monitoring Interactive Services $30.00 Video Package $ Maintenance Agreements sNa
(eel Di tmC24,Alame AW etc) (See Mai denance Agreemerd Form)
Two -Way Voice $ Fire/Smoke Monitoring I s Other $ Total Monthly Amount�,30.00
I (Plus Sales Tax ff Applicable) /mo+tax
I have verged the identity of this consumer by a government issued identification
Sales Representative's Name: (Printed)
1. Price and Payment Terms: FS (cuet mer IAZgZg )
Sales Representative's Signature:
(type)
1.1 The first payment for service is due on or before the day Company connects the Equipment to a central station and a satisfactory test signal from such Equipment is received
("Activation'). All subsequent service period payments are due in advance of the service provided.
1.2 This agreement is to be billed in (please check one) monthly _ quarterly annual or _ bi-annual installments.
1.3 This agreement shall continue for a period of 36 months from the date monitoring services begins.
The contract shall automatically renew under the same terms and conditions for a successive 12-month period unless either party notifies the other in writing not less than
thirty (34) days prior before next renewal period.
2. Terms and Conditions: Receipt of Cow(custane ldbals)
Customer represents and warrants to Company that Customer as read and understands all of the terms and conditions herein, including those on the reverse side hereof, including,
without limitation of liabili(y and liquidated damages, and all of the terms and conditions printed on the documents attached to or referenced in this Agreement (including reverse sides)
before executing this Agreement.
Business Customers Only:
If the subscriber is a business entity such as a Partnership, Limited Liability Company or Corporation, the individual signing this agreement on behalf of the subscriber shall be personally
liable as a suretsr for the subscriber's financial obligations.
Residential Customers Only
CONSUMERS RIGHT TO CANCEL: YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR OBLIGATION WITHIN 3 three BUSINESS DAYS FROM THE ABOVE DATE- AND RECEIVE A
FULL REFUND OF ALL PAYMENTS MADE TO THE SELLER YOU MAY ALSO CANCEL THIS CONTRACT IF THE SERVICES CEASE TO BE OFFERED AS STATED IN THE CONTRACT IF YOU CANCEL
THE CONTRACT FOR EITHER OF THESE REASONS, THE SELLER MAY KEEP ONLY A PORTION OF THE CONTRACT PRICE EQUAL TO A PRORATA OF THE TOTAL PRICE REPRESENTING THE
PROPORTION OF SERVICES YOU USED OR COMPLETED PLUS THE COST TO THE SELLER OF ANY RELATED GOODS WHICH YOU HAVE CONSUMED OR RETAINED. THIS CONTRACT OR NOTE
IS FOR FUTURE CONSUMERS AND PUTS ALL ASSIGNEES ON NOTICE OF THE CONSUMERS'S RIGHT TO CANCEL UNDER CHAPTER 2-18 FLORIDA ADMINISTRATIVE CODE. SEE THE ATTACHED
NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT. YOU MAY CANCEL THIS AGREEMENT BY PROVIDING WRITTEN NOTICE TO THE SELLER IN PERSON, BY TELEGRAM
OR BY MAIL. THIS NOTICE MUST INDICATE THAT YOU DO NOT WANT THE GOODS OR SERVICES AND MUST BE DELIVERED OR POSTMARKED BEFORE MIDNIGHT ON THE THIRD BUSINESS
DAY AFTER YOU SIGN THIS AGREEMENT. IF YOU CANCEL THIS AGREEMENT THE SELLER MAY NOT KEEP ALL OR PART OF ANY CASH DOWN PAYMENT.
DS
3. Familiarization Period: ie
(customerIrdbAs)
This Period is designated to allow ustomer to become successful with the operation of the system and reduce unwanted false alarms. You agree and understand that your system
will not be monitored for the first 48 hours after the installation or takeover of your system and that this period may be extended up to any such period required by law. You further agree
that during this initial period (or any applicable extension required by law) we have no obligation to respond to any alarm signal received from your alarm. You may waive the
Familiarization period below. However, any request to waives misslble only where no local, state or federal ordinances prevent such a request.
17711 hereby request the Familiarization Period to be waived. (Custegi•-r Irdfials)
4. Home Owner's Policy:
Insurance Company Name:
Agents Name:
Agent/Company Telephone
Policy Number:
Agents Email:
IN WITNESS WHEROF, and intending to be legally bound hereby, the parties have executed this agreement on the date first written above.
Accepted as of the Effective Date set forth above by: ^Docusigned by(: Procurement Services D l t
Doeusigned by: �n..4 A....Q" A aC.. _
Customer's Signature (i de Ttle d Bus ness Customer)
x ++ 668 D6_.
4_-AuMmzed Representative's Signature
�t4�rs oa �5�4�i�riatu
Docusign Envelope ID: 56E8B512-9F31-4511-8FDE-CBAC72E2EAO6
23. Delays in Service: Company makes no promise that there will be no interruptions of service or
delay in performing service. Company's sole obligation after receiving a service request from you is
to dispatch a service employee to the Premises within a reasonable time after a service employee
becomes available, during normal business hours excluding Saturdays, Sundays and holidays.
24. Takeover Srnlems: If the System is a takeover, in whole or in part, Company reserves the
fight, in its sole and absolute discretion, to terminate this Agreement at any time by ten (10) days
written notice to you in the event Company determines, in its sole and absolute discretion, that
there have been excessive activations of the System, that the System has been abused or that the
number of problems or cost of service has or may become excessive, and you shall be entitled to
reimbursement of the earned charge paid for the period on your request and this shall be the limit
of Company's liability.
25._Remote Programminia Services:_ Remote programming services consists of inputting,
modifying, deleting and using electronic data concerning operation of the System through
electronic communication between the System and Company's office or monitoring facility. You
hereby consent to Company's performance of all such services pursuant to Company's prevailing
charges, if any, for such service, which you agree to pay to Company.
26. Suspension of Service: You agree that Company's obligations hereunder are waived
automatically without notice and you release Company for all loss, damage and expense in the
event of a breach of this Agreement by Subscriber or if the monitoring facility, telephone network,
equipment, or facilities necessary to operate the System or monitoring facility are destroyed,
damaged, inoperable or malfunction for any reason whatsoever, for the duration of such
interruption of service, and you shall be entitled to reimbursement of the unearned charge paid for
the period of interruption on your request and this shall be the limit of Company's lability.
27: COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY, INCLUDING ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS THAT THE SYSTEM OR
SERVICE SUPPLIED MAY NOT BE COMPROMISED, CIRCUMVENTED, OR THE SYSTEM OR
pertaining thereto, all of which shall be deemed merged into this Agreement. NEITHER PARTY
HAS AUTHORITY TO MAKE OR CLAIM ANY REPRESENTATION, TERM, PROMISE,
CONDITION, STATEMENT, WARRANTY, OR IDUCEMENT (COLLECTIVLEY, 'INDUCEMENT")
THAT IS NOT EXPRESSED HEREIN. EACH PARTY REPRESENTS THAT ITfHEISHE IS NOT
RELYING ON ANY INDUCEMENT IN SIGNING THIS AGREEMENT THAT IS NOT EXPRESSED
IN THIS AGREEEMENT.
31. Valid Agreement: Should any provision hereof (or portion thereof), or its application to any
circumstances, be held illegal, invalid or unenforceable to any extent, the validity and enforceability
of the remainder of the provision and this Agreement, or of such provisions as applied to any other
circumstances, shall not be affected thereby, and shall remain in full force and effect as valid,
binding and continuing.
32, Modifications: All changes or amendments to this Agreement must be in writing and signed by
all parties.
33. Additional Eguloment or Service: If, at any time after the date hereof, you request or
authorize additional equipment or services, ail sales, installation and services supplied by
Company shall be subject to the terms of this Agreement only, except that additional charges shall
be made for such additional sales, installation or services.
34. Right to Subcontract: Company may, in its sole and absolute discretion, subcontract for the
provision of services under this Agreement. You acknowledge and agree that the provisions of this
Agreement inure to the benefit of and are apple to any subcontractors engaged by Company
to provide any service set forth herein to you, and bind you to said subcontractor(s) with the same
force and effect as they bind you to Company.
35. Consent to Intercea Record Disclose and Use Contents of Communications: You, for
yourself and as the authorized agent of your family, guests, agents, servants, representatives and
employees (individually and collectively, 'Any Person'), hereby consent to Company intercepting,
recording, retrieving, reviewing, copying, disclosing and using the contents of all telephone, video,
wire, oral, electronic and other forms of communication to which you, Any Person or Company are
parties.
36. MEDICAL EMERGENCY SIGNAL: YOU ACKNOWLEDGE AND AGREE THAT COMPANY'S
SOLE RESPONSIBILITY UPON RECEIPT OF A MEDICAL EMERGENCY SIGNAL
TRANSMITTED FROM THE SYSTEM IS TO CALL BY TELEPHONE THE MEDICAL
ASSISTANCE PROVIDERS AS DIRECTED BY YOU. YOU UNDERSTAND AND AGREE THAT
COMPANY AND REPRESENTATIVES ARE HEREBY RELEASED FROM LIABILITY DUE TO
ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE
OF COMPANY OR REPRESENTATIVES WHICH YOU, OR ANYONE CLAIMING THROUGH
YOU, IN ANY WAY MIGHT OR COULD CLAIM AGAINST COMPANY OR REPRESENTATIVES
BASED UPON, ARISING OUT OF OR FROM, IN CONNECTION WITH, RESULTING FROM,
RELATED TO OR AS A CONSEQUENCE OF COMPANY'S OR REPRESENTATIVES' FAILURE
TO CONTACT OR IMPROPER DISPATCH OF MEDICAL PROVIDERS.
37. Prior Agreement With Others: You represent and warrant that (a) your cancellation or
termination of any contract, or (b) execution of this agreement does not breach and will not breech
any contract with or obligation to any other person. You agree to protect, defend, indemnify and
told harmless Company and Representatives from and against and pay (without any condition or
obligation that Company or Representatives first pay) for all claims, demands, suits, liabilities,
losses, damages, judgments, costs and expenses including, without limitation, attorneys' fees and
court costs arising out of or from, in connection with, as a result of, related to or as a consequence
of your breech of this representation and warranty.
38. Paragraph Headings: The paragraph titles used herein are for convenience of the parties
only and shall not be construing the provisions of this Agreement.
39. Ri ht to Terminate: Notwithstanding anything contained herein to the contrary, Company
may, in its sole discretion, terminate this Agreement, with or without cause and without any liability
whatsoever, upon thirty (30) days notice to Subscriber. In the event such termination is without
cause, Company shall, upon written request of Subscriber, refund any unearned service charges.
40. Transmission of Dalig Video or Voice: You acknowledge and agree that the System is a
ran -supervised reporting device. If the transmission medium for delivery of data, video images or
voice communications from your System to the monitoring facility is incompatible with the System
or inoperative, circumvented or interrupted by natural or human causes including , without
limitation, the cutting of the telephone fine, ratio transmission interference, power line surges or
outages, Internet or broadband problems and intermet or broadband provider problems, there is no
indication of the fact at the monitoring facility. Further, you understand that (i) a video system
SERVICES WILL IN ALL CASES PROVIDE THE SIGNALING, MONITORING AND RESPONSE
FOR WHICH IT WAS INTENDED; THAT YOU ARE NOT RELYING ON COMPANY'S SKILL OR
JUDGMENT IN SELECTING OR FURNISHING A SYSTEM SUITABLE FOR ANY PARTICULAR
PURPOSE; THAT THERE ARE NO EXPRESS WARRANTIES WHICH EXTEND BEYOND
THOSE ON THE FACE OF THIS AGREEMENT OF HEREIN, AND THAT ALL IMPLIED
WARRANTIES, IF ANY, COINCIDE WITH THE DURATION OF THIS WARRANTY. SOME
STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LAST OR
THE EXCLUSION OR THE LIMITATIONS OR INCIDENTiAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS,
WHICH VARY FROM STATE TO STATE.
28, Company Duty Concerning Property of Others: You agree that Company has no
responsibility for the condition or operation of any equipment or device, or property of any sort of
Subscriber, the telephone company or others ('Property'). If Company provides service to
Property, you agree that all relevant terms and conditions of this Agreement shall apply to all such
service end you shall pay for such service on a time and material basis at Company's then
prevailing charges.
29. Contractual Limitation of Actions: All claims, actions, or proceedings against Company or
Representatives must be commenced in court within one (1) year after the cause of action has
accrued, without judicial extension of time or said claim, action or proceeding is barred. The time
period in this paragraph must be strictly complied with.
30. Integrated Agreement: This instrument contains the entire agreement between the parties
hereto with respect to the transactions described herein and supersedes all prior or current
negotiations, commitments, contracts, express or implied, warranties, express or implied,
statements and representations, whether written or oral,
enables Company to view your Premises and the area outside your Premises, and (ii) a two-way
voice system enables Company to 'listen -in' to your Premises. You authorize and consent to
Company viewing your Premise and the area outside of your Premise and listening -in to your
Premise.
41. Company as Agent: Revocation: Ratification: Retroactive Date: You hereby appoint
Company as your agent for Company, in Company's name to give direction to any monitoring
facility which is a subcontractor of Company, as if done by you in your own right, concerning any
and all matters arising out of or from, in connection with or related to the performance of monitoring
services. The authority granted to Company under this section shall continue to be binding upon
you until revocation in writing, signed by you, shall have been actually received by Company and
the monitoring facility; and no such notice shall affect anything done by (a) Company in reliance
heron or pursuant hereto or (b) the monitoring facility pursuant to the request or demand of
Company of Company prior to actual receipt by Company and the monitoring facility of said wrtlen
and signed notice of revocation. You hereby ratify and confirm all prior and contemptuous acts of
(x) the monitoring facAty pursuant to the request or demand of Company and (y) Company
pursuant to this section which you acknowledge and agree shall be and is deemed to be
retroactive to the initial date Company performed services for you or the monitoring facility
performed monitoring services on your behalf.
42. Video Systems: If the System transmits video, Subscriber shall (i) provide and maintain
adequate power and fighting for all cameras or other vide -related equipment; (ii) inform all persons
on the Premises that they may be monitored by video; (iii) not use or permit the use of video
installed where any person may have a reasonable expectation of privacy; (iv) use broadband
connectivity exclusively to transmit video from any System; (v) use the video System for security
surveillance and management services only; (vi) not use the video System for any criminal, illegal,
or otherwise unlawful activity; and (vii) obtain and keep in effect all permits or licenses required for
the installation and operation of the video System.
43. Email Notice: In the event Subscriber elects to receive automatic email notice of certain
System events, e.g., the arming or disarming of the System, Subscriber acknowledges,
understands and agrees that any such notice is conditioned on (a) receipt of the data at
Company's monitoring facility, (b) the proper operation of communication equipment, services,
systems and networks including, without limitation, the internal and (c) no failure malfunction or
delay in processing or transmitting the data by Company's equipment or software.
44. Limited Warranty (.New Installations Only): We agree to make all repairs and replacement of
parts without cost to you for a period of ninety (90) days from the date of installation in the event
that any part of the System becomes defective, or in the event that any repairs are required. We
reserve the option to either replace or repair the defective part(s), and reserve the fight to
substitute materials of equal quality at time of replacement, or to use reconditioned parts in
fulfillment of this warranty. This warranty is not assignable and does not cover batteries, light bulbs,
LEDs, LCD's, reprogramming, damage by lightning, electrical surge, wiring or foil warranty you
agree to look exclusively, to the manufacturer of the equipment for repairs under its warranty
coverage, if any. This Limited Warranty does not cover any damage to the System caused by
accident, vandalism, tampering, your negligence, water, flood, lightning, fire, intrusion, abuse,
misuse, acts of God, unauthorized repairs, modifications or installato n by anyone other than us.
45. Takeover Systems; Company does not warranty any existing equipment previously installed.
All equipment must be in good working order and functioning properly. Customer understands that
during the reprogramming process, any equipment not working properly will be replaced at the
owners expense
Docusign Envelope ID: 56E8B512-9F31-4511-8FDE-CBAC72E2EA06
Alarm Protection Center, LLC Lkc ,.#EG13W%51,
qW PO Box 120396, Clermont, FL 34712 - 339 Frontage Rd. Clermont, FL 34711
Office 352-394-8884 Fax 352-432-1415 E-mail: alarmprotectioncenteri�-%rahoo.com
Alarm System Monitoring and Service Agreement El New installation a Takeover ❑ Move ❑ Renewal
This Alarm System Monitoring and Service Agreement (this "Agreement") is entered into this 4th day of Oct 2024 (the "Effective Date"), by and
between this Agreement and Alarm Protection Center, LLC ("Company". Which definition shall include its assignee(s)) and:
Customer Information:
Customer Name: (Homeowner or Business Name): City of Clermont Hancock Well
For premise located at: Mailing/ Billing Address (if different from Monitored Location):
3335 Hancock Rd. 1205 Seminole St
Clermont, FL 34712 Clermont, FI 34711
Monitored Location Telephone Number. 352-241-W78 _ _ . Customer Cell Phone(Alternate Number., 352-973-3129 Ed Rashi
E-mail Address (required: erashinskas@clermonffl.org
Schedule of Monti Rate:
Basic Monitoring
$
Interactive Services
$ 3D.00
I
Video Package
$
Maintenance Agreements
$nta
(Ce1Dders,C24,AWaz om.AUa de)
(See Maintenarw Agreement Form)
Two -Way Voice
$
Fire/Smoke Monitoring
$ Other
$
Total Monthly Amount
$30.00
Imo+tax
(plus Sales Tax if Applicable)
I have verified the identity of this consumer by a govemment issued identification
Sales Representative's Name: (Printed) Sales Representative's Signature:
(type)
DS
9. Price and Payment Terms: (customer Irgals)
1.1 The first payment for service is due on or before the day Company connects the Equipment to a central station and a satisfactory test signal from such Equipment is received
("Activation"). All subsequent service period payments are due in advance of the service provided.
1.2 This agreement is to be billed in (please &?-,k one) _ monthly _ quarterly annual or bi-annual installments.
1.3 This agreement shall continue for a period of 36 months from the date monitoring services begins.
The contract shall automatically renew under the same terms and conditions for a successive 12•month period unless either party notifies the other in writing not less than
thirty (30) days prior before next renewal period.
2. Terms and Conditions: Receipt of Copy: a (customer initials)
Customer represents and warrants to Company that Customer has read and understands all of the terms and conditions herein, including those on the reverse side hereof, including,
without limitation of liability and liquidated damages, and all of the terms and conditions printed on the documents attached to or referenced in this Agreement (including reverse sides)
before executing this Agreement.
Business Customers Only:
If the subscriber is a business entity such as a Partnership, Limited Liability Company or Corporation, the individual signing this agreement on behalf of the subscriber shall be personal
liable as a surety for the subscriber's financial obligations.
Residential Customers On
CONSUMERS RIGHT TO CANCEL: YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR OBLIGATION WITHIN 3 ithreel BUSINESS DAYS FROM THE ABOVE DATE AND RECEIVE A
FULL REFUND OF ALL PAYMENTS MADE TO THE SELLER. YOU MAY ALSO CANCEL THIS CONTRACT IF THE SERVICES CEASE TO BE OFFERED AS STATED IN THE CONTRACT. IF YOU CANCEL
THE CONTRACT FOR EITHER OF THESE REASONS THE SELLER MAY KEEP ONLY A PORTION OF THE CONTRACT PRICE EQUAL TO A PRORATA OF THE TOTAL PRICE REPRESENTING THE
PROPORTION OF SERVICES YOU USED OR COMPLETEIX PLUS THE COST TO THE SELLER OF ANY RELATED GOODS WHICH YOU HAVE CONSUMED OR RETAINED. THIS CONTRACT OR NOTE
IS FOR FUTURE CONSUMERS AND PUTS ALL ASSIGNEES ON NOTICE OF THE CONSUMERS'S RIGHT TO CANCEL UNDER CHAPTER 2-1$ FLORIDA ADMINISTRATIVE CODE. SEE THE ATTACHED
NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT. YOU MAY CANCEL THIS AGREEMENT BY PROVIDING WRITTEN NOTICE TO THE SELLER IN PERSON, BY TELEGRAM,
OR BY MAIL. THIS NOTICE MUST INDICATE THAT YOU DO NOT WANT THE GOODS OR SERVICES AND MUST BE DELIVERED OR POSTMARKED BEFORE MIDNIGHT ON THE THIRD BUSINESS
DAY AFTER YOU SIGN THIS AGREEMENT. IF YOU CANCEL THIS AGREEMENT THE SELLER MAY NOT KEEP ALL OR PART OF ANY CASH DOWN PAYMENT,
3. Familiarization Period: 1 S (CustomerUafizds)
This Period is designated to allow the customer to become successful with the operation of the system and reduce unwanted false alarms. You agree and understand that your system
will not be monitored for the first 48 hours after the installation or takeover of your system and that this period may be extended up to any such period required by law. You further agree
that during this initial period (or any applicable extension required by law) we have no obligation to respond to any alarm signal received from your alarm. You may waive the
Familiarization period below. However, any request to waive p81missibie only where no local, state or federal ordinances prevent such a request.
❑ I hereby request the Familiarization Period to be waived. (customer trams)
4. Home Owner's Policy:
Insurance Company Name:
Agents Name:
Policy Number:
Agent/Company Telephone- Agents Email:
IN WITNESS WHEROF, and intending to be legally bound hereby, the parties have executed this agreement on the date first written above.
Accepted as of the Effective Date set forth above by: DoProcurement services Direccusigned by:
Doeasigned by: X �� —
Slip _ nylow
o� (include Title if Business Customer)
y. li@gized Representative's Signature
kb'.r^t �t�t�y��nature
Docusign Envelope ID: 56E8B512-9F31-4511-8FDE-CBAC72E2EA06
23. Delays in Service: Company makes no promise that there will be no interruptions of service or
delay in performing service. Company's sole obligation after receiving a service request from you is
to dispatch a service employee to the Premises within a reasonable time after a service employee
becomes available, during normal business hours excluding Saturdays, Sundays and holidays.
24. Takeover Systems: If the System is a takeover, in whole or In part, Company reserves the
right, in its sole and absolute discretion, to terminate this Agreement at any time by ten (10) days
written notice to you in the event Company determines, in its sole and absolute discretion, that
there have been excessive activations of the System, that the System has been abused or that the
number of problems or cost of service has or may become excessive, and you shall be entitled to
reimbursement of the earned charge paid for the period on your request and this shall be the limit
of Company's liability.
25. Remote Programming Services: Remote programming services consists of inputting,
modifying, deleting and using electronic data concerning operation of the System through
electronic communication between the System and Company's office or monitoring facility. You
hereby consent to Company's performance of all such services pursuant to Company's prevailing
charges, if any, for such service, which you agree to pay to Company.
26. Suspension of Service: You agree that Company's obligations hereunder are waived
automatically without notice and you release Company for all loss, damage and expense in the
event of a breach of this Agreement by Subscriber or if the monitoring facility, telephone network,
equipment, or facilities necessary to operate the System or monitoring facility are destroyed,
damaged, inoperable or malfunction for any reason whatsoever, for the duration of such
interruption of service, and you shall be entitled to reimbursement of the unearned charge paid for
the period of interruption on your request and this shall be the limit of Company's liability.
27: COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY, INCLUDING ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS THAT THE SYSTEM OR
SERVICE SUPPLIED MAY NOT BE COMPROMISED, CIRCUMVENTED, OR THE SYSTEM OR
pertaining thereto, all of which shall be deered merged into this Agreement. NEITHER PARTY
HAS AUTHORITY TO MAKE OR CLAIM ANY REPRESENTATION, TERM, PROMISE,
CONDITION, STATEMENT, WARRANTY, OR IDUCEMENT (COLLECTIVLEY, "INDUCEMENT")
THAT IS NOT EXPRESSED HEREIN. EACH PARTY REPRESENTS THAT ITIHEfSHE IS NOT
RELYING ON ANY INDUCEMENT IN SIGNING THIS AGREEMENT THAT IS NOT EXPRESSED
IN THIS AGREEEMENT.
31. Valid Agreement: Should any provision hereof (or portion thereof), or its application to any
circumstances, be held illegal, invalid or unenforceable to any extent, the validity and enforceability
of the remainder of the provision and this Agreement, or of such provisions as applied to any other
circumstances, shall not be affected thereby, and shall remain in full force and effect as valid,
binding and continuing.
32. Modifications: All changes or amendments to this Agreement must be in writing and signed by
all parties.
33. Additional Equipment or Service: If, at any time after the date hereof, you request or
authorize additional equipment or services, all sales, installation and services supplied by
Company shall be subject to the terms of this Agreement only, except that additional charges shall
be made for such additional sales, installation or services.
34. Right to Subcontract_ Company may, in its sole and absolute discretion, subcontract for the
provision of services under this Agreement. You acknowledge and agree that the provisions of this
Agreement inure to the benefit of and are applicable to any subcontractors engaged by Company
to provide any service set forth herein to you, and bind you to said subcontractor(s) with the same
force and effect as they bind you to Company.
35. Consent to IntercgA Record._ Disclose and Use Contents of Communications: You, for
yourself and as the authorized agent of your family, guests, agents, servants, representatives and
employees (individually and collectively, 'Any Person'), hereby consent to Company intercepting,
recording, retrieving, reviewing, copying, disclosing and using the contents of all telephone, video,
wire, oral, electronic and other forms of communication to which you, Any Person or Company are
parties.
36. MEDICAL EMERGENCY SIGNAL: YOU ACKNOWLEDGE AND AGREE THAT COMPANY'S
SOLE RESPONSIBILITY UPON RECEIPT OF A MEDICAL EMERGENCY SIGNAL
TRANSMITTED FROM THE SYSTEM IS TO CALL BY TELEPHONE THE MEDICAL
ASSISTANCE PROVIDERS AS DIRECTED BY YOU. YOU UNDERSTAND AND AGREE THAT
COMPANY AND REPRESENTATIVES ARE HEREBY RELEASED FROM LIABILITY DUE TO
ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE
OF COMPANY OR REPRESENTATIVES WHICH YOU, OR ANYONE CLAIMING THROUGH
YOU, IN ANY WAY MIGHT OR COULD CLAIM AGAINST COMPANY OR REPRESENTATIVES
BASED UPON, ARISING OUT OF OR FROM, IN CONNECTION WITH, RESULTING FROM,
RELATED TO OR AS A CONSEQUENCE OF COMPANY'S OR REPRESENTATIVES' FAILURE
TO CONTACT OR IMPROPER DISPATCH OF MEDICAL PROVIDERS.
37 Prior Aareement With Others: You represent and warrant that (a) your cancellation or
termination of any contract, or (b) execution of this agreement does not breach and will not breach
any contract with or obligation to any other person. You agree to protect, defend, indemnify and
hold harmless Company and Representatives from and against and pay (without any condition or
obligation that Company or Representatives first pay) for sit clams, demands, suits, liabilities,
losses, damages, judgments, costs and expenses including, without limitation, allomeys' fees and
court costs arising out of or from, in connection with, as a result of, related to or as a consequence
of your breach of this representation and warranty.
38. Paragraph Headings: The paragraph titles used herein are for convenience of the parties
only and shall not be construing the provisions of this Agreement.
39. Right to Terminate: Notwithstanding anything contained herein to the contrary, Company
may, in its sole discretion, terminate this Agreement, with or wilhout cause and without any liability
whatsoever, upon thirty (30) days notice to Subscriber. In the event such termination is without
cause, Company shall, upon written request of Subscriber, refund any unearned service charges.
40. Transmission of Data6 Video or Voice: You acknowledge and agree that the System is a
iron -supervised reporting device. If the transmission medium for delivery of data, video images or
voice communications from your System to the monitoring facility is incompatible with the System
or inoperative, circumvented or interrupted by natural or human causes including , without
limitation, the cutting of the telephone line, radio transmission interference, power line surges or
outages, internal or broadband problems and intemet or broadband provider problems, there is no
indication of the fact at the monitoring facility. Further, you understand that (i) a video system
SERVICES WILL IN ALL CASES PROVIDE THE SIGNALING, MONITORING AND RESPONSE
FOR WHICH IT WAS INTENDED; THAT YOU ARE NOT RELYING ON COMPANY'S SKILL OR
JUDGMENT IN SELECTING OR FURNISHING A SYSTEM SUITABLE FOR ANY PARTICULAR
PURPOSE; THAT THERE ARE NO EXPRESS WARRANTIES WHICH EXTEND BEYOND
THOSE ON THE FACE OF THIS AGREEMENT OF HEREIN, AND THAT ALL IMPLIED
WARRANTIES, IF ANY, COINCIDE WITH THE DURATION OF THIS WARRANTY. SOME
STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LAST OR
THE EXCLUSION OR THE LIMITATIONS OR INCIDENTIAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS,
WHICH VARY FROM STATE TO STATE,
28. Company Duty Concerning Property of Others: You agree that Company has no
responsibility for the condition or operation of any equipment or device, or property of any sort of
Subscriber, the telephone company or others ('Property'). If Company provides service to
Property, you agree that all relevant terms and conditions of this Agreement shall apply to all such
service and you shall pay for such service on a time and material basis at Company's then
prevailing charges.
29. Contractual Limitation of Actions: All claims, actions, or proceedings against Company or
Representatives must be commenced in court within one (1) year after the cause of action has
accrued; without judicial extension of time or said claim, action or proceeding is barred. The time
period in this paragraph must be strictly complied with.
3D. Integrated Agreement: This instrument contains the entire agreement between the parties
hereto with respect to the transactions described herein and supersedes all prior or current
negotiations, commitments, contracts, express or implied, warranties, express or implied,
statements and representations, whether written or oral,
enables Company to view your Premises and the area outside your Premises, and (ii) a two-way
voice system enables Company to 'fisten-in' to your Premises. You authorize and consent to
Company viewing your Premise and the area outside of your Premise and listening -in to your
Premise.
41. Company as Anent; Revocation; Ratification; Retroactive Date: You hereby appoint
Company as your agent for Company, in Company's name to give direction to any monitoring
facility which is a subcontractor of Company, as if done by you in your own right; concerning any
and all matters arising out of or from, in connection with or related to the performance of monitoring
services. The authority granted to Company under this section shall continue to be binding upon
you until revocation in writing, signed by you, shall have been actually received by Company and
the monitoring facility; and no such notice shall affect anything done by (a) Company in reliance
heron or pursuant hereto or (b) the monitoring facility pursuant to the request or demand of
Company of Company prior to actual receipt by Company and the monitoring facility of said mitten
and signed notice of revocation. You hereby ratify and confirm all prior and contemptuous acts of
(x) the monitoring facility pursuant to the request or demand of Company and (y) Company
pursuant to this section which you acknowledge and agree shall be and is deemed to be
retroactive to the initial date Company performed services for you or the monitoring facility
performed monitoring services on your behalf.
42. Video Systems: If the System transmits video, Subscriber shall (i) provide and maintain
adequate power and lighting for all cameras or other vide -related equipment; (ii) inform all persons
on the Premises that they may be monitored by video; (iii) not use or permit the use of video
installed where any person may have a reasonable expectation of privacy; (iv) use broadband
connectivity exclusively to transmit video from any System, (v) use the video System for security
surveillance and management services only, (vi) not use the video System for any criminal, illegal,
or otherwise unlawful activity; and (vii) obtain and keep in effect all permits or licenses required for
the installation and operation of the video System.
43. Email Notice: In the event Subscriber elects to receive automatic email notice of certain
System events, e.g., the arming or disarming of the System, Subscriber acknowledges,
understands and agrees that any such notice is conditioned on (a) receipt of the data at
Company's monitoring facility, (b) the proper operation of communication equipment, services,
systems and networks including, without limitation, the internal and (c) no failure malfunction or
delay in processing or transmitting the data by Company's equipment or software.
44. Limited Warranty New Installations On : We agree to make all repairs and replacement of
parts without cost to you for a period of ninety (90) days from the date of installation in the event
that any part of the System becomes defective, or in the event that any repairs are required. We
reserve the option to either replace or repair the defective part(s), and reserve the right to
substitute materials of equal quality at time of replacement, or to use reconditioned parts in
fuffiBment of this warranty, This warranty is not assignable and does not cover batteries, light bulbs,
LEDs. LCD's, reprogramming, damage by lightning, electrical surge, wiring or foil warranty you
agree to look exclusively to the manufacturer of the equipment for repairs under its warranty
coverage, if any. This Limited Warranty does not cover any damage to the System caused by
accident, vandalism, tampering, your negligence, water, flood, lightning, fire, intrusion, abuse,
misuse, acts of God, unauthorized repairs, modifications or installation by anyone other than us.
45. Takeover Systems: Company does not warranty any existing equipment previously installed.
All equipment must be in good working order and functioning prop". Customer understands that
during the reprogramming process, any equipment not working property 411 be replaced at the
owner'sexpense