2011-54FIRE /SECURITY MONITORING CONTRACT
LV SOLUTIONS, INC
106 Commerce Street, Suite 103, Lake Mary, FL 32746
Phone: ( -2020 Fax: (407)771 -2030
Notes
Dealer Number .- 135
Account Number
Month) Rate $35.00
Subject to the terms and conditions of this agreement (including those on the reverse side) Subscriber acknowledges having read this
agreement and agrees and accepts the terms and conditions thereof. Subscriber further acknowledges receipt of a copy of this agreement.
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1 DESCRIPTION OF SERVICES PROVIDED:
LV Solutions, Inc., hereinafter referred to as COMPANY agrees to Provide monitoring services as hereinafter set forth for the Fire Alarm system owned by
SUBSCRIBER and located at address indicated in Premise Information on Page I
"fhe communicator for the alarm system v , .'ill be provided by COMPANY.
2 PAYMENTS AND TERMS: 35.00 Dollars per Month,
2.1 Subscriber agrees to pay to COMPANY, its agents. or assigns for Monitoring, the sum of �—
105.00 plus applicable taxes.
payable quarterly in advance in the ampunt of �—
This Agreement shall be for an initial term of three (3) years and shall automatically be renewed for like periods at the same monitoring rate, unless
reement, in not
either party notifies the other in writing of its intention to terminate this Ag ivin t Subscriber 3 six y (60) prior
days prior written ncx ceract
term. °CORIPANY" may increase the monthly monitoring rate for any renewal period by b g
the sum of $0.35 Excessive charges imposed for excessive signals received . Excessive Signal charges start
2.2 Subscriber agrees to pay COMPANY
when the transmitted :;ignal count is greater than 6 signals for that given month. Thu COMPANY shall submit to the Subscriber a computerized
history of the events for the system monitored
3 Company will return to subscriber one copy of this fully executed contract.
4 CANCELLATIO (R TIALAONLY) Y THE
DATE SUB S C RIBER
TRANSACTION. EL THIS AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT
OF THE THI
5 COMPANY IS NOT AN INSURER: LIMITATION OF LIABILITY
5.1 It is understood and agreed: Thai COMPANY is not an insurer, that insurance, if any, shall be obtained by Subscriber; that the
payments provided herein are based solely on the value of the service set forth herein; that COMPANY makes no guaranty or
warranty, including any implied warranty of merchantability or fitness that the equipment or services supplied will avert or prevent
occurrences or the consequences there from which the system or service is designe detect o r av from a Su bscri b er
perform of
it is impractical and extremely difficult to fix the actual damages, if any, which may proximately re sult of
the obligations herein, including, but not limited to monitoring or the failure of the system to properly operate with resulting loss
to Subscriber because of, among other things:
a. The uncertain amount or value of Subscriber's property or the property of others kept on the premises which may be lost,
stolen, destroyed, damaged, or otherwise affected by occurrences which the system or service is designed to detect or
b. The uncertainty of the response time of any police department, fire department, paramedic unit, or others, should the
police department, fire department, paramedic unit, or others be dispatched as a result of a signal being received;
C. The inability to ascertain what portion, if any, of any loss would be proximately caused by COMPANY'S failure to perform
or by its equipment to operate;
d. The uncertain nature of occurrences which might cause injury or death to Subscriber or any other person which the
system is designed to detect or avert;
e. Nature of the service to be performed by COMPANY
Subscriber understands and agrees that if COMPANY should be found liable for Loss or damage due from failure of COMPANY to perform any of
the obligations herein, including, but not limited to monitoring service, or the failure of the service or equipment in any respect whatsoever.
COMPANY'S liability shall be limited to a sum of equal to the total of six monthly payments or S '_1 10.00, and this liability shall be exclusive; and
that the provisions of this Section shall apply if loss or damage, irrespective of cause or origin, results directly or indirectly to persons or property,
from performance or non - performance of the obligations imposed by this Contract. or form negligence. ac:ivc or otherwise, of COMPANY, its
agents, servants, assigns, or employees
5.3 Subscriber limited liability, Subscriber may obtain from COMPANY a greater limitation of
If Sbscriber wishes COMPANY to assume a g fa ri paying es additional periodic charge to COMPANY. If Subscriber elects to exercise this option, a rider shall be attached to
this Agreement setting forth their terms, conditions, and amount of the limited liability and the additional charge. Such rider and
additional obligation shall in no way be interpreted to hold COMPANY as an insurer
6 COMPANY'S LIABILITYIDISCI.AIMER OF WARRANTIES:
COMPANY does not rrepresent or warrant: that the alarm system may not be compromised or circumvented, or that the system or service will prevent any loss
ction For which it is installed or intended. Subscriber
by burglary, hold -up, or otherwise; or that the system or service Will in all cases provide the prote
acknowledges and agrees that COMPANY has made no representations or warranties, express or implied, as to any matter whatsoever, including without
limitation of condition of the equipment, its merchantability or its fitn.ss for any particular purpose.
7 MONIITORING SERVICES
Signals of the alarm system owned by Subscriber at the premise herein above set forth shall be monitored by an Independent Monitoring Facility (IMF), to be
selected by COMPANY. if, in the opinion of COMPANY, use of the alarm system by Subscriber adversely affects the use of the signal receiving equipment.
this Agreement may be terminated ten (10) days following written notice to Subscriber. Any monitoring tee charged b� IMF shall be paid by COMPANY.
H RECEIPT OF SIGNALIRESPONSF: Inital
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Company shall ensure that IMF shall, without warranty, make every reasonabl_ effort to do the following:
a. Upon receipt of a burglar alarm signal, transmit to the headquarters of the police department and notify the Subscriber or his
designated representative by calling the telephone number supplied to IMF in writing by Subscriber. Upon written request from
Subscriber, IMF will notify Subscriber or his designated representative first to receive authorization to dispatch the police department,
and notify COMPANY. Upon receipt of a hold -up alarm signal, transmit the alarm to the police department, and notify COMPANY.
Upon receipt of a sprinkler alarm signal, water flow signal, manual, smoke or automatic fire alarm signal, transmit the alarm to the fire
department and notify Subscriber or his designated representatives by calling the telephone number supplied to IMF in writing by
b. Upon receipt of a sprinkler alarm signal, notify Subscriber or his designated representatives by calling the telephone number supplied
to IMF in writing by Subscriber, and notify COMPANY.
c. Upon receipt of an emergency aiert signal transmit the alarm to the persons and/or entities designated by Subscriber in the Subscriber
information provided to IMF, and notify COMPANY.
d. Upon receipt of a request for service from Subscriber, transmit the request to COMPANY.
TRANSMISSION LINES:
Suscriber shall pay all charges made by any telephone company or other utility or installation, leasing and service charges of telephone lines
connecting Subscriber's protected premises to IMF's central station when a digital communicator is used. Subscriber acknowledges that if a
digital communicator is used for the purposes of transmitting alarm signals from Subscriber's premises to IMF's central station that the signals
from Subscriber's alarm system are transmitted over Subscriber's regular telephone service and in the event that Subscriber's telephone
service is out of order, disconnected, placed on vacation or otherwise interrupted, signals from Subscriber's alarm system will not be received in
IMF's central station during any such interruption in telephone service and the interruption will not be known to COMPANY or IMF. Subscriber
further acknowledges and agrees that signals, which are, transmitted over Telephone Company lines which are wholly beyond control and
jurisdiction of COMPANY and IMF and are maintained and serviced by the applicable telephone company or utility. COMPANY, at its option,
may utilize a radio frequency system for transmitting alarm signals from Subscriber's premises to IMF's central station.
Subscriber acknowledges that the use of radio frequencies are controlled by the Federal Communications Commission and changes in rules,
regulations and policies may necessitate the discontinuing use of such transmission facilities by COMPANY Subscriber further
acknowledges that radio frequency transmission may be impaired or interrupted by atmospheric conditions, including electrical storms, power
failures, or other conditions and events beyond the control of the COMPANY and IMF
10 COMPANY'S COMMUNICATOR:
If COMPANY has provided the communicator pursuant to Section 1, the communicator shall at all times remain the sole property of
COMPANY. COMPANY'S sole service obligation shall be to make repairs to the communicator caused by ordinary wear and tear or
malfunction. Repairs necessitated by other causes including Subscriber misuse or accident shall be paid for by Subscriber
11 FALSE ALARMS
In the event an excessive number of false alarms are caused by Subscriber's carelessness, malicious action, or accidental use of the alarm
system, or in the event Subscriber in any manner misuses or abuses the system, COMPANY may in its reasonable discretion deem same to be
a material breach of contract on the part of Subscriber and, at its option, in addition to all other legal remedies set forth below, be excused from
further performance, upon the giving of ten. (10) days written notice to Subscriber. COMPANY'S excuse from performance shall not affect its
right to recover damages from Subscriber. In the event a fine, penalty or fee is assessed against COMPANY or IMF by any governmental or
municipal agency as a result of any alarm originating from Subscriber's premises, Subscriber agrees to forthwith reimburse COMPANY or IMF
for same. Subscriber represents that it fully understands that the equipment, because of its sensitivity and nature, is subject to the influence of
external events which are not within the control of COMPANY and which may cause the alarm to activate. Any and all such alarms which may
occur shall not be construed as improper operation of the equipment nor as malfunction thereof, nor shall any or all of such alarms excuse any
of the obligations of Subscriber as set forth in this Agreement.
12 INTERRUPTION OR CANCELLATION OF SERVICE:
COMPANY assumes no liability for interruption of monitoring service due to strikes, riots, floods, storms, earthquakes, fires, power failures, insurrection,
interruption or unavailability of telephone service, acts ol'God, or any Other cause beyond the control of COMPANY and will not be required to supply
monitoring service to Subscriber while interruption of service due to any such cause may continue, in such event, this .agreement may be suspended or
canceled, without notice by either party. Th- monthly fee would be prorated and credited to the Subscriber if the monitoring service is not provided as
described in paragraph 12. If IMF central station or Subscriber's premises or equipment are destroyed by fire or other catastrophe, or so substantially damaged
that it is impractical to continue service or in the event COMPANY is um;ble to render service as a result of any action by any kov,;rnmental authori(
13 SUBSCRIBER'S DUTIES AS TO USE OF SYSTEM
'rhe Subscriber shall carefully and properly test and set the alarm system immediately prior to the securing of the premises and carofully test the system
periodically during th., term of this Agreement. Subscriber shall immediately report to COMPANY any claimed inadequacy in or f.tilure of the system or
service. Subscriber agrees to furnish COMPANY or IMF with all changes, revisions, and modifications to Subscriber's information in writing. During non -
business hours the Subscriber shat] turn off or remove all things, animate or inanimate, including but limited to all forced air heaters, air conditioners, horns.
bells, animals, and any other sources of air turbulence or movement, which may interfere with the effectiveness of the sy::tem. . In the event Subscriber,
government. authority, or others to silence Subscriber's audible devic . call upon COMPANY, Subscriber agrees to pay
for each such service call at COMPANY'S then prevailing rate with a one -hour minimum charge.
Subscriber shall obtain, pay for, keep in full force and effect, all necessary licenses and permits for the installation and use of the alarm system during the
original and any renewal term of this Agreement.
14 IMF/ASSIGNEES/SUBCONTRACTORS:
COMPANY shall ha the right to assign this Agreement to any other person, firm or corporation without notice to Subscriber. COMPANY shall have the
further right to subcontract any monitoring or other services, which it may perform. Subscriber acknowledges that this entire Agreement, and particularly
those paragraphs relating to COMPANY'S maximum liabilit;_ limitation of liability, and third party indemnification. inure to the benefit of and are applicable
to IMF and any assignees and /or other subcontractors of COMPANY, and that they bind subscriber with respect to IMF and any assignres and /or other
subcontractors with the same force and effect as they bind Subscriber to COMPANY,
15 BY SUBSCRIBER, DEFAULT BY COMPANY
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If Subscriber fails to pay an; amount herein provided within tun ( 10) days after the same is due and payable, or if Subscriber fails to perform any other
provisions hereof within ten ( 10) days after COMPANY shall have requested in writing perform a rim thereof, COMPANY shall have the right but shall not be
obligated to exercise any one or more of the following remedies: (a) Recover the u.xisting amounts due from Subscriber and continue to monitor the system, in
which case COMPANY shall be entitled to recover. in addition, the monthly charge due under the contract for said services; or (b) Discontinue monitoring un
ten (10) days written notice and recd %cr from Subscriber all SUMS COMPANY may be entitled to under the Lw. If COMPANY fails to act in :accordance with
this Agreement, Subscriber may terminate with 10 days written notice.
16 DELINQUENCY; RECONNECT CHARGES:
In the event any payment due herein under is more than ten (10) days delinquent, COMPANY may impose and collect a late charge on the amount of the
delinquency at the maximum rate permitted by Florida law, but not greater than eighteen 118 percent per annum. If the alarm system is deactivated because
of Subscriber's past due balance, and if Subscriber desires to have the system reactivated. Subscriber agrees to pay in advance to COMPANY a reconnect
charge to be fixed by COMPANY in it reasonable anunmt.
17 TERMINATION:
Upon termination of this Agreement for an; rea: ;on, Subscriber shall upon reasonable prior written notice, permit COMPANY or its agent to ent„r
Subscriber's premises during normal business hours and as such as not to interfere with Subscribers normal business operations. and disconnect Subscriber's
transmitter or communicator from IMF's monitoring network, or remove COMPANY'S communicator, without causing any damage to Subscribers premises
and if there is damage to subscribers premises as it result of company's disconnection or removal of Company's property, then Company shall, at its sole cost
and expense, restore Subscribers premises to the condition it was prior to the disconnection or removal of said communicator
18 THIRD PARTY INDEMNIFICATION:
When Suhscriber in the ordinary course o1' business hits the property of others in his custody, or the alarm system extends to protect property of others,
Subscriber agrees to and shall indemnify, defend and hold harmless COMP.kNY, its employees and agents for and ;against all claims brought by parties other
than the parties to this 'lgreenunt. This provision shall :apply to all claims regardless of cause including defects in products. design, installation, maintenance,
operation, or non - operation of the system whether based upon negligence, acti�,! or passive, warranty, or strict or product liability on the part of COMPANY.
it employees or agents.
19 PURCHASE ORDER
It is understood and agreed by and between thn parties hereto, that if there is any conflict between this Contract. and Subscriber's purchase order, or tiny other
document. this Agrcc,ncnt will govern, whether such purchase order or any other document is prior or subsequent to this Agreement.
20 ATTORNEY'S FEES:
In the event it shall become necessary to enforce this agreement or for wither party to institute legal proceedings to collect the cost of any charges as s:a forth
herein, and in such proceeding, the prevailing party shall pay to the other party reasonable atlorncy'S fees and costs where permitted by law.
21 INVALID PROVISIONS:
In the event any of the terms or provisions of this Agreement shall be declared to be invalid or inoperative, all of th,: remaining terms and provisions shall
remain in full force and effect.
22 ENTIRE INTEGRATED AGREEMENT; MODIFICATION; ALTERATION; WAIVER
This writing is intended by the parties as a final expression of their agreement and as it complete and exclusive statement of the terms thereof. 'ibis
,Agreement supersedes all prior representations, understanding, or agr,;ements of the parties, and the parties rel only upon the contents of this Agreement in
executing it. This Agreement can only be modified by a writing signed by the parties or their duly authori : agent. No waiver of a breach of any term or
condition of this Agreement shall be construed to be a waiver of any succeeding breach. The parties agree that this Agreement is to be performed in the State
of Florida, and shall be go%orned by the laws of the State of Florida.
23 NOTICES:
All notice to be given hereunder shall be in writing and ma;' be served, either personally or by mail, postage prepaid or by overnight ser prepaid to the
addresses sdt forth in Agreement or to any other address provided by one to the other from time to time in writing. Subscriber further acknowledges and
agrees: that COMPANY is not an insurer, that Subscriber assumes all risk of loss or damage to Subscriber's premises or to the contents thereof. Subscriber
has discussed the amounts set forth in Paragraph 5 with COMPANY'S agent, which sets forth COMPANY'S maximum liability in the event of any loss or
damage to Subscriber to anyone else, and has i i Accepted I I D--clined a higher limitation of COMPANY'S liability.
Subscriber // L V Solutions, Inc
Name �� tLVL �/�� L�a�`� Name:
Signature �� Signature:
Date Date:
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