So, one way out is to wait until you receive that inevitable rate increase
letter after the 1st anniversary and refuse to renew at the increased rate,
if they don't waive the rate hike you don't have to pay the termination
penalty...erh...early termination charges, yeah that's it; charges.
--
**Crash Gordon**
"J. @netscape.net>" <jsloud2001<removeme> wrote in message
|
| Here's the actual contract. It looks like the termination charge is
| in paragraph 2 and the increase incharges is in paragraph 3. In
| gerenal, ADT systems sold by the company are sold outright to the
| homeowner. Dealer systems and reactivations sometimes remain property
| of the company.
|
|
https://www.adt.com/wps/portal/adt/legal?wgc=ca_contract_tc
|
| 1. PAYMENTS; TERM; CONSUMER REPORT. All charges are payable in
| advance. The initial term of this Contract is for two (2) years. Our
| alarm monitoring and notification services will begin when the
| equipment is installed and is operational, and when the necessary
| communications connection is completed. This Contract will
| automatically renew for successive thirty (30) day terms unless
| terminated by either party's written notice at least thirty (30) days
| before the end of the then-current term. If terminated, this Contract
| ends on the last day of the then-current term. You authorize us to
| obtain a NON-INVESTIGATIVE CONSUMER REPORT about you from a consumer
| reporting agency at any time during the term.
|
| 2. YOUR EARLY TERMINATION OF THIS CONTRACT. YOU AGREE THAT THE CHARGES
| DUE UNDER THIS CONTRACT ARE BASED ON YOUR AGREEMENT TO RECEIVE AND TO
| PAY FOR THE SERVICES FOR TWO (2) FULL YEARS. ACCORDINGLY, YOU AGREE
| THAT: IF YOU TERMINATE THIS CONTRACT DURING THE FIRST YEAR, YOU WILL
| PAY US $450.00, IF YOU TERMINATE THIS CONTRACT DURING THE SECOND YEAR,
| YOU WILL PAY US $200.00. THESE AMOUNTS ARE AGREED UPON DAMAGES AND ARE
| NOT A PENALTY.
|
| 3. INCREASES IN CHARGES. We have the right to increase the annual
| service charge at any time after the first year. If you give us a
| written objection to the increase within thirty (30) days of your
| receipt of notice of the increase, and if we do not waive the
| increase, then you may terminate this Contract effective thirty (30)
| days after our receipt of your written notice of termination. In this
| situation, you will not have to pay the early termination charges
| described in Paragraph 2.
|
| 4. ADDITIONAL CHARGES AND OFFSET RIGHTS. You agree to pay all directly
| or indirectly imposed false alarm assessments, taxes, fees or other
| charges of any police or fire department, or any other governmental
| body. You agree to pay all telephone or signal transmission company
| charges for area code, telephone numbering or other changes. You agree
| to pay us to reprogram the system if necessary to comply with any area
| code, telephone numbering or other changes. You agree to pay to us any
| increases in our cost for facilities used for transmitting alarm
| signals under this Contract. You agree to pay a service charge if our
| representative responds to a service call or alarm at your premises
| because you improperly followed operating instructions, failed to
| properly lock or close a window, door or other protected point or
| improperly adjusted CCTV cameras, monitors or accessories. Upon the
| early termination or the expiration of this Contract, you agree that
| we have the right to offset against any amounts or credits that we
| might owe to you (a) service charges for thirty (30) days, if the
| required written termination notice set forth in paragraph 1 above is
| not provided by you, (b) the contract termination charges set forth in
| paragraph 2 above, and (c) any other additional charges, amounts or
| deposits that you owe to us. If the amount of the offset equals or
| exceeds the amount that we owe to you or if we owe you a credit of
| five dollars ($5.00) or less, you agree that we will not be obligated
| to refund any amounts to you and you waive your right to receive this
| refund amount.
|
| 5. WE ARE NOT AN INSURER. WE ARE NOT AN INSURER AND YOU WILL OBTAIN
| FROM AN INSURER ANY INSURANCE YOU DESIRE. THE AMOUNT YOU PAY US IS
| BASED UPON THE SERVICES WE PERFORM AND THE LIMITED LIABILITY WE ASSUME
| UNDER THIS CONTRACT AND IS UNRELATED TO THE VALUE OF YOUR PROPERTY OR
| THE PROPERTY OF OTHERS LOCATED IN YOUR PREMISES. IN THE EVENT OF ANY
| LOSS OR INJURY TO ANY PERSON OR PROPERTY, YOU AGREE TO LOOK
| EXCLUSIVELY TO YOUR INSURER TO RECOVER DAMAGES. YOU WAIVE ALL
| SUBROGATION AND OTHER RIGHTS OF RECOVERY AGAINST US THAT ANY INSURER
| OR OTHER PERSON MAY HAVE AS A RESULT OF PAYING ANY CLAIM FOR LOSS OR
| INJURY TO ANY OTHER PERSON.
|
| 6. NO LIABILITY; LIMITED LIABILITY. IT WILL BE EXTREMELY DIFFICULT TO
| DETERMINE THE ACTUAL DAMAGES THAT MAY RESULT FROM OUR FAILURE TO
| PERFORM OUR DUTIES UNDER THIS CONTRACT. YOU AGREE THAT WE AND OUR
| AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES AND PARENT COMPANIES ARE
| EXEMPT FROM LIABILITY FOR ANY LOSS, DAMAGE, INJURY OR OTHER
| CONSEQUENCE ARISING DIRECTLY OR INDIRECTLY FROM THE SERVICES
| (INCLUDING INTERNET/WEBSITE SERVICES) WE PERFORM OR THE SYSTEMS WE
| PROVIDE UNDER THIS CONTRACT. IF IT IS DETERMINED THAT WE OR ANY OF OUR
| AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES OR PARENT COMPANIES ARE
| DIRECTLY OR INDIRECTLY RESPONSIBLE FOR ANY SUCH LOSS, DAMAGE, INJURY
| OR OTHER CONSEQUENCE, YOU AGREE THAT DAMAGES SHALL BE LIMITED TO THE
| GREATER OF $500 OR 10% OF THE ANNUAL SERVICE CHARGE YOU PAY UNDER THIS
| CONTRACT. THESE AGREED UPON DAMAGES ARE NOT A PENALTY. THEY ARE YOUR
| SOLE REMEDY NO MATTER HOW THE LOSS, DAMAGE, INJURY OR OTHER
| CONSEQUENCE IS CAUSED, EVEN IF CAUSED BY OUR NEGLIGENCE, GROSS
| NEGLIGENCE, FAILURE TO PERFORM DUTIES UNDER THIS CONTRACT, STRICT
| LIABILITY, FAILURE TO COMPLY WITH ANY APPLICABLE LAW, OR OTHER FAULT.
| AT YOUR REQUEST, WE MAY ASSUME ADDITIONAL LIABILITY BY ATTACHING AN
| AMENDMENT TO THIS CONTRACT STATING THE EXTENT OF OUR ADDITIONAL
| LIABILITY AND THE ADDITIONAL COST TO YOU. YOU AGREE THAT WE ARE NOT AN
| INSURER EVEN IF WE ENTER INTO ANY SUCH AN AMENDMENT.
|
| 7. EXCLUSIVE DAMAGES REMEDY. YOUR EXCLUSIVE DAMAGE AND LIABILITY
| REMEDIES ARE SET FORTH IN PARAGRAPH 6 ABOVE. WE ARE NOT LIABLE TO YOU
| OR ANY OTHER PERSON FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES.
|
| 8. HOLD HARMLESS. IN THE EVENT ANY LAWSUIT OR OTHER CLAIM IS FILED BY
| ANY OTHER PARTY AGAINST US OR OUR AGENTS, EMPLOYEES, SUBSIDIARIES,
| AFFILIATES OR PARENT COMPANIES ARISING OUT OF THE SERVICES WE PERFORM
| OR THE SYSTEMS WE PROVIDE UNDER THIS CONTRACT, YOU AGREE TO BE SOLELY
| RESPONSIBLE FOR, AND TO INDEMNIFY AND HOLD US COMPLETELY HARMLESS
| FROM, SUCH LAWSUIT OR OTHER CLAIM INCLUDING YOUR PAYMENT OF ALL
| DAMAGES, EXPENSES, COSTS AND ATTORNEYS' FEES. THESE OBLIGATIONS WILL
| SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS CONTRACT. THESE
| OBLIGATIONS WILL APPLY EVEN IF SUCH LAWSUIT OR OTHER CLAIM ARISES OUT
| OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE TO PERFORM DUTIES UNDER
| THIS CONTRACT, STRICT LIABILITY, FAILURE TO COMPLY WITH ANY APPLICABLE
| LAW, OR OTHER FAULT.
|
| 9. OTHER PARTY'S LIMITATION. IF YOU PURCHASED OUR SERVICES OR SYSTEMS
| THROUGH ANOTHER BUSINESS OR PERSON, OR FROM US THROUGH A REFERRAL FROM
| ANOTHER BUSINESS OR PERSON, YOU AGREE THAT SUCH OTHER BUSINESS OR
| PERSON ACTS SOLELY AS AN INDEPENDENT CONTRACTOR. SUCH BUSINESS OR
| PERSON SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU FOR THE
| PERFORMANCE OR NONPERFORMANCE OF THE SYSTEM OR SERVICES WE PROVIDE
| UNDER THIS CONTRACT. WITHOUT LIMITING THE ABOVE, YOU AGREE THAT THE
| LIABILITY OF SUCH OTHER BUSINESS OR PERSON IS, IN ANY EVENT, LIMITED
| IN ACCORDANCE WITH THE PROVISIONS OF THIS CONTRACT, INCLUDING BUT NOT
| LIMITED TO PARAGRAPHS 5, 6, 7, 8, 9 AND 10. YOU AGREE THAT SUCH
| BUSINESS OR PERSON AND ITS AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES
| AND PARENT COMPANIES MAY INVOKE ALL OF OUR RIGHTS UNDER THESE
| PARAGRAPHS.
|
| 10. TIME TO FILE LAWSUIT OR OTHER ACTION. YOU AGREE TO FILE ANY
| LAWSUIT OR OTHER ACTION YOU MAY HAVE AGAINST US OR OUR AGENTS,
| EMPLOYEES, SUBSIDIARIES, AFFILIATES OR PARENT COMPANIES WITHIN ONE (1)
| YEAR FROM THE DATE OF THE EVENT THAT CAUSED THE LOSS, DAMAGE OR
| LIABILITY.
|
| 11. OWNERSHIP. If the system is ADT Owned, we have the right upon
| termination of this Contract, to remove, disable or abandon all or any
| portion of the ADT Owned system. You are required to provide us access
| to the system for removal and we have no obligation to repair or
| redecorate your premises after any such removal. We do not waive our
| right to collect any unpaid charges by such removal, disablement or
| abandonment of the ADT Owned system. If the "Customer-Owned" box is
| checked, the equipment will become the property of the Customer upon
| payment of the Total Installation Charge including Sales Tax in full.
| ADT yard signs and window stickers shall remain the property of and
| may be removed by ADT, even if the "Customer -Owned" box is checked.
| Your right to display them on your property during the term of this
| Contract is not transferable.
|
| 12. INSTALLATION. We will install the equipment listed on the first
| page of this Contract in a workmanlike manner under the following
| conditions: A. Your premises will be available without interruption
| during our normal working hours; B. You understand that the
| installation will require drilling into various parts of your
| premises; C. You will provide us with 110 AC electrical outlets for
| our power equipment in locations designated by us; D. You will make
| arrangements for lifting and replacing carpeting, if required, for our
| installation of floor mats or wiring; E. You warrant that you (1)
| requested the equipment and services specified in this Contract for
| your own use and not for the benefit of any other party, (2) own the
| premises where the equipment is being installed or that you have the
| authority to authorize us to install such equipment in the premises,
| and (3) will comply with all laws, codes and regulations pertaining to
| the equipment we install and the services we provide under this
| Contract. Our intent is to conceal wiring in the finished areas of
| your premises. However, there may be areas where we determine, in our
| sole discretion, it is impractical to conceal the wiring. In such
| areas, wiring will be exposed. Upon completion of the installation of
| the alarm system, we shall thoroughly instruct you in the proper use
| of the alarm system. Failure to substantially commence work within
| (20) twenty days from the Estimated Start Date, without legal excuse,
| is a violation of the Alarm Company Act. We shall not be liable for
| loss due to water intrusion, mold, fungi, wet or dry rot or bacteria.
|
| 13. LIMITED WARRANTY. During the first three (3) months after
| installation, we will repair or, at our option, replace any defective
| part of the System, including wiring, and will make any needed
| mechanical adjustments, all at no charge to you. We will use new or
| functionally operative parts for replacements. This limited warranty
| is for your benefit only, and may not be enforced by any other person.
| This limited warranty gives you specific legal rights. The laws of the
| state where this Contract was signed may also give you additional
| rights. For service call 1-800-ADT-ASAP (1-800-238-2727).
|
| 14. EXTENDED LIMITED WARRANTY/QUALITY SERVICE PLAN (QSP). If you
| purchased our Extended Limited Warranty, we will repair or, at our
| option, replace any part of the System, including batteries, requiring
| such repair or replacement due to ordinary wear and tear or
| malfunction of the System, but not due to an excluded condition,
| below. We will also provide a labor rate discount, at the then current
| labor rate discount rate, for each service call for an excluded
| condition, below. We will use new or functionally operative parts for
| replacements. The Extended Limited Warranty and the billing for it
| will commence as of the date the System is installed, operational, and
| the necessary communications connection is completed and will continue
| for the term of this Contract. The Extended Limited Warranty will
| automatically renew for successive thirty (30) day terms at our
| then-current Extended Limited Warranty rate unless terminated by
| either parties written notice at least thirty (30) days before the end
| of the then-current term. If you purchase the Extended Limited
| Warranty after the initial system installation, your system must be in
| good working condition at the time of the Extended Limited Warranty
| purchase. To purchase Extended Limited Warranty call 1-800-238-7085.
|
| 15. WARRANTY EXCLUSIONS. We perform warranty services only during our
| normal working hours. IF YOU REQUEST US TO PERFORM WARRANTY SERVICES
| OUTSIDE OUR NORMAL WORKING HOURS, YOU WILL BE REQUIRED TO PAY US FOR
| THE SERVICES AT OUR THEN APPLICABLE RATES FOR LABOR AND PARTS. THE
| LIMITED WARRANTY AND, IF PURCHASED, THE EXTENDED LIMITED WARRANTY DO
| NOT APPLY IF WE DETERMINE UPON INSPECTION THAT ANY OF THE FOLLOWING
| CONDITIONS CAUSED THE NEED FOR SERVICE: A. Damage resulting from
| accidents, theft, Acts of God, natural disasters, labor disputes, war,
| terrorism, civil strife, electrical surge, alterations or misuse; B.
| You fail to properly close or secure a door, window or other point
| protected by an alarm device; C. You fail to properly follow the
| operating instructions; D. Trouble in a telephone line, use of
| non-standard telephone line or service (including but not limited to
| DSL, ADSL, VOIP, etc.) or due to interruption of power; E. Repairs
| needed to window foil, security screens, exterior mounted devices or
| PROM (Programmable Read Only Memory); F. Ordinary maintenance or wear
| and tear (not excluded as to Extended Limited Warranty (QSP)); G.
| Alterations to your premises; or H. Alterations to the system made at
| your request, or made necessary by a change to your premises, damage
| to your premises or the alarm system, or for any other cause beyond
| our control. If you purchased our Extended Limited Warranty (QSP) we
| will provide a labor rate discount, at our then current labor rate
| discount, for each service call for an excluded condition, above. We
| will not perform warranty services on any device not installed by us.
| You must furnish the necessary electrical power through your meter at
| your expense to obtain warranty services. Our obligation to provide
| replacement or repair service under this Contract shall be conditioned
| upon the continued availability of the original part or component from
| the original manufacturer.
|
| 16. NO OTHER WARRANTIES. OTHER THAN THE LIMITED WARRANTY AND, IF
| PURCHASED, THE EXTENDED LIMITED WARRANTY, WE MAKE NO GUARANTEE OR
| WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF
| MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO
| THE SERVICES WE PERFORM OR THE SYSTEMS WE PROVIDE UNDER THIS CONTRACT.
| YOUR EXCLUSIVE WARRANTY REMEDY IS SET FORTH ABOVE. WE ARE NOT LIABLE
| TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL OR CONSEQUENTIAL
| DAMAGES. SOME STATES MAY NOT ALLOW US TO LIMIT THE LENGTH OF AN
| IMPLIED WARRANTY OR TO EXCLUDE OR LIMIT INCIDENTAL OR CONSEQUENTIAL
| DAMAGES. THE LAWS OF THE STATE WHERE THIS CONTRACT WAS SIGNED WILL
| DETERMINE WHETHER THESE LIMITATIONS AND EXCLUSIONS APPLY.
|
| 17. REPAIRS AND PARTS REPLACEMENT. At your request we will repair or
| replace the equipment we provided at our then-prevailing prices after
| the Limited Warranty and, if purchased, the Extended Limited Warranty
| expire. At your request we will also repair or replace anything
| excluded from the Limited Warranty and Extended Limited Warranty at
| our then-prevailing prices.
|
| 18. ALARM MONITORING AND NOTIFICATION SERVICE. We will provide alarm
| monitoring and notification services and guard response service if the
| first page of this Contract includes a charge for such services. If
| you have elected for us to provide alarm service that requires Police
| Response, Fire Department Response, Guard Response or Two Way Voice
| monitoring services and such an alarm is received at our alarm
| monitoring center, we may, at our sole discretion, attempt to contact
| you and/or anyone on your Emergency Contact List by telephone/Two Way
| Voice to confirm that the alarm is not false. If we fail to contact
| you and/or someone on your Emergency Contact List, or if we question
| the response we receive upon such contact, we will attempt to notify
| the appropriate police department or fire department or, if guard
| response service is being provided, we will, for an alarm that
| requires police response, endeavor to dispatch a representative to
| make an investigation of the exterior of the premises from his vehicle
| and, upon evidence of an attack, we will endeavor to notify the
| appropriate police department. You agree that we shall have no
| liability pertaining to any Two Way Voice communications or Internet
| Video recordings or their publication. If you have elected for us to
| provide Supervisory Alarm or Trouble Alarm monitoring services and
| such an alarm is received at our alarm monitoring center, we will
| attempt to notify the representative you designate. The person(s)
| identified on your Emergency Contact List are authorized to act on
| your behalf and the checked box person(s) are authorized to cancel an
| alarm prior to the notification of authorities. You understand that
| the equipment we provide may not operate with other companies' alarm
| monitoring equipment. This may prevent you from using such equipment
| in the event you terminate our services. You understand that local
| laws, ordinances or policies may restrict our ability to provide the
| alarm monitoring and notification services described in this Contract.
| You understand that, upon receiving notification that a fire or carbon
| monoxide signal has been received by us, the police, fire department
| or other responding authority may forcibly enter your residence. WE
| WILL NOT ARREST OR DETAIN ANY PERSON.
|
| 19. FAMILIARIZATION PERIOD. UNLESS YOU HAVE REJECTED THE
| FAMILIARIZATION PERIOD BY INITIALING THE APPROPRIATE LINE ON THE FIRST
| PAGE OF THIS CONTRACT (EXCEPT WHERE FAMILIARIZATION IS REQUIRED BY
| LAW) YOU AGREE THAT DURING A SEVEN (7) DAY FAMILIARIZATION PERIOD, OR
| SUCH PERIOD AS REQUIRED BY LAW, FOLLOWING COMPLETION OF THE
| INSTALLATION AND THE COMMUNICATIONS CONNECTION TO OUR ALARM MONITORING
| CENTER (AND DURING ANY APPLICABLE EXTENSIONS) WE HAVE NO OBLIGATION
| TO, AND WILL NOT, RESPOND TO ANY ALARM SIGNAL FROM YOUR PREMISES THAT
| IS RECEIVED AT OUR ALARM MONITORING CENTER. YOU ALSO AGREE THAT DURING
| SUCH PERIOD WE HAVE NO OBLIGATION TO, AND WILL NOT, NOTIFY ANY
| AUTHORITIES, YOU OR YOUR DESIGNATED REPRESENTATIVE, OR TAKE ANY OTHER
| ACTION WITH REGARD TO ANY ALARM SIGNAL WE RECEIVE, EVEN IF DUE TO AN
| ACTUAL EMERGENCY EVENT.
|
| 20. FAILURE TO PAY CHARGES OR HONOR CONTRACT. If you fail to make any
| payment when due or fail to honor any other term or condition of this
| Contract, we may stop providing the alarm monitoring and notification
| services and repossess or disable the equipment with or without
| notice. You agree that you will grant us access to your residence to
| allow us to repossess or disable the equipment. You agree that we have
| no liability if we stop providing the alarm monitoring and
| notification services and repossess or disable the equipment. You
| agree that we are not required to redecorate or repair your premises.
| We do not waive our right to any other legal remedy, including our
| right to charge you a late fee at the highest legal amount for each
| month that a payment is not received or interest at the highest legal
| rate on the unpaid amount, by stopping to provide the alarm monitoring
| and notification services or repossessing or disabling the equipment.
|
| 21. SMOKE DETECTOR AND OTHER WARNINGS. Our electrical smoke detectors
| are designed to be connected to an electrical power source. THESE
| SMOKE DETECTORS WILL NOT OPERATE, THE ALARM WILL NOT SOUND, AND THE
| ALARM SIGNAL WILL NOT BE TRANSMITTED, IF THE ELECTRICITY IS CUT OFF
| AND THE BACKUP BATTERY, IF PART OF THE SYSTEM, IS LOW OR DEAD. If
| there is any fire, the electricity may cut off before the alarm can
| function and the alarm will not sound, and the alarm signal will not
| be transmitted. Connecting these smoke detectors to a separate
| dedicated electrical circuit increases their reliability. However,
| even dedicated circuits can fail. WE RECOMMEND THAT YOU INSTALL A
| BATTERY POWERED SMOKE DETECTOR AS A BACKUP SYSTEM. YOU SHOULD
| REGULARLY INSPECT YOUR SMOKE DETECTORS FOR DIRT AND DUST BUILD-UP AND
| TEST THEM WEEKLY TO MAINTAIN CONTINUED OPERATION. Smoke detectors can
| significantly help to reduce loss, injury and death. However, no
| matter how good any detection device is, nothing works perfectly under
| every circumstance. WE WARN YOU THAT A SMOKE DETECTOR WILL NOT ENSURE
| THAT YOU WILL NEVER SUFFER DAMAGE OR INJURY. Our battery-powered
| motion detectors, smoke detectors, door and window contact
| transmitters, and other detection sensors, if installed under this
| Contract, are not connected to the electrical system of your premises.
| Such detection sensors require batteries to operate. THESE BATTERY
| POWERED DETECTION SENSORS WILL NOT OPERATE, AND THE ALARM WILL NOT
| SOUND, IF THE BATTERIES ARE LOW OR DEAD. You are responsible for
| maintaining the batteries. You should regularly inspect such sensors
| for dirt and dust buildup and test them weekly to help maintain
| continued operation. WE STRONGLY RECOMMEND THAT YOU CAREFULLY READ THE
| OWNER'S MANUAL FOR ALL EQUIPMENT. THE OWNER'S MANUAL CONTAINS VERY
| IMPORTANT INFORMATION SUCH AS OPERATING INSTRUCTIONS AND EQUIPMENT
| TESTING AND MAINTENANCE PROCEDURES. YOU SHOULD ALSO READ ALL
| INSTRUCTIONS, WARNINGS AND OTHER INFORMATION ON THE EQUIPMENT ITSELF.
|
| 22. COMMUNICATION FACILITIES. A. AUTHORIZATION. You authorize us, on
| your behalf, to request services, orders or equipment from a telephone
| company or other company providing signal transmission services or
| facilities under this Contract (referred to as "Telephone Company").
| B. DIGITAL COMMUNICATOR. You understand that a digital communicator,
| if installed under this Contract, uses standard telephone lines for
| sending signals which eliminates the need for a dedicated telephone
| line and the costs associated with such dedicated lines. YOU ALSO
| UNDERSTAND THAT WE WILL NOT RECEIVE ALARM SIGNALS WHEN THE TELEPHONE
| LINE OR OTHER TRANSMISSION MODE IS NOT OPERATING OR HAS BEEN CUT,
| INTERFERED WITH OR IS OTHERWISE DAMAGED, OR WHEN ANY NON-STANDARD
| TELEPHONE LINE OR SERVICE (INCLUDING BUT NOT LIMITED TO DSL, ADSL,
| VOIP, ETC.) IS BEING USED. C. DERIVED LOCAL CHANNEL. The Telephone
| Company's services provided to you in connection with our services may
| include Derived Local Channel service. Such service may be provided
| under the Telephone Company's service marks or service names. These
| services include providing lines, signal paths, scanning and
| transmission. You agree that the Telephone Company's liability is
| limited to the same extent our liability is limited in Paragraphs 5,
| 6, 7, 8, 9 and 10 of this Contract. D. RADIO AND INTERNET INTERFACE.
| You understand that if your alarm system is connected to our alarm
| monitoring center by radio frequency or internet connection method
| there may be times when the system is unable to acquire, transmit or
| maintain an alarm signal. Such radio frequency and internet methods
| include cellular or private radio or through an internet communication
| facility or internet service provider(s). If a radio frequency or
| internet connection is utilized, we recommend you also use an
| additional method of communication to connect to our alarm monitoring
| center.
|
| 23. CANCELLATION. We may, at any time, cancel this Contract at our
| option if: A. Our alarm monitoring center is destroyed or damaged so
| that it is impractical for us to continue service; B. We cannot
| acquire or retain the transmission connections or authorization to
| transmit signals between your premises and our alarm monitoring center
| or the applicable fire or police department or other agency, or
| between our alarm monitoring center and the applicable fire or police
| department or other agency; C. You fail to follow our recommendations
| to repair or replace any defective parts of the system not covered
| under the Limited Warranty or Extended Limited Warranty, if purchased;
| D. You fail to follow our operating instructions for the system; or E.
| We determine that it is impractical to continue service due to the
| modification or alteration of your premises after installation. If we
| cancel for any of the reasons stated immediately above, we will refund
| any advance payments made for services to be supplied after the date
| of such termination, less any amounts still due for the installation
| of the equipment, for services already rendered, and for any other
| charges due, but we will not be liable for damages or subject to
| penalty as a result of such termination. We may cancel this Contract
| with or without notice at our option if: A. You fail to pay any monies
| when due under this Contract; B. You fail to comply with any other
| term or condition of this Contract; or C. You fail to maintain your
| premises in a safe and sanitary condition. If we cancel for any of the
| reasons stated immediately above, we will not be liable for damages or
| subject to penalty as a result of such termination.
|
| 24. ASSIGNMENT. You may not assign this Contract without our written
| consent. We have the right to assign this Contract or to subcontract
| any of our obligations under it without notifying you.
|
| 25. DELAYS. WE HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANY OTHER
| PERSON FOR DELAYS IN THE INSTALLATION OR REPAIR OF THE SYSTEM OR THE
| PERFORMANCE OF OUR SERVICES, REGARDLESS OF THE REASON, OR FOR ANY
| RESULTING CONSEQUENCES. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR
| INTERRUPTIONS OF SERVICE, OR ANY RESULTING CONSEQUENCES, WHETHER DUE
| TO STRIKE, RIOT, FLOOD, FIRE, TERRORISM, ACT OF GOD, OR ANY OTHER
| CAUSE BEYOND OUR CONTROL. DURING ANY SUCH SERVICE INTERRUPTION, WE
| HAVE NO OBLIGATION TO SUPPLY YOU SUBSTITUTE SERVICES.
|
| 26. ELECTRONIC MEDIA. You agree that we may scan, image or otherwise
| convert this Contract into an electronic format of any nature. You
| also agree that a copy of this Contract produced from such electronic
| format is legally equivalent to the original for any and all purposes,
| including litigation. Likewise, you agree that our receipt by fax of
| the Contract signed by you legally binds you and such fax copy is
| legally equivalent to the original for any and all purposes, including
| litigation.
|
| 27. ENTIRE AGREEMENT. THIS CONTRACT CONSTITUTES OUR ENTIRE AGREEMENT.
| BY SIGNING IT YOU ADMIT THAT YOU ARE NOT RELYING ON OUR ADVICE OR
| ADVERTISEMENTS. YOU AGREE THAT YOU AND WE ARE NOT BOUND BY ANY
| REPRESENTATION, PROMISE, CONDITION, INDUCEMENT OR WARRANTY, EXPRESS OR
| IMPLIED, THAT IS NOT INCLUDED IN WRITING IN THIS CONTRACT. THE TERMS
| AND CONDITIONS OF THIS CONTRACT APPLY AS PRINTED WITHOUT ALTERATION OR
| QUALIFICATION, UNLESS A CHANGE IS APPROVED IN WRITING BY OUR
| AUTHORIZED REPRESENTATIVE. THE TERMS AND CONDITIONS OF THIS CONTRACT
| SHALL GOVERN EVEN IF YOU SUBMITTED A PURCHASE ORDER OR OTHER DOCUMENT
| WITH INCONSISTENT OR ADDITIONAL TERMS AND CONDITIONS. IF A COURT
| DETERMINES THAT ANY PROVISION OF THIS AGREEMENT IS INVALID OR
| UNENFORCEABLE, THAT PROVISION SHALL BE DEEMED AMENDED AND ENFORCED TO
| THE MAXIMUM EXTENT PERMITTED BY STATE LAW, HOWEVER, EACH AND EVERY
| OTHER PROVISION OF THIS AGREEMENT SHALL CONTINUE TO BE VALID AND
| ENFORCEABLE
|
| 28. LICENSE INFORMATION. ACO2705; PPO12949; 707408; Alarm company
| operators are licensed and regulated by the Bureau of Security &
| Investigative Services, Dept. of Consumer Affairs, Sacramento, CA
| 95814.
|
|
|
|
| On Thu, 06 Mar 2008 14:43:16 GMT, "RockyTSquirrel"
|
| >California county sues ADT, may have industry repercussions
| >By Martha Entwistle
| >MARTINEZ, Calif.-A Contra Costa county district attorney and an industry
| >attorney agree that security dealers should keep an eye on a lawsuit
filed
| >last week, which claims ADT is violating California and federal laws
because
| >its contracts do not disclose all potential consumer costs.
| >Read more.
| >
http://www.securitysystemsnews.com/index.php?p=article&id=ss200803ZqDx9d
| >
|
