Cancellation policy

The term of this agreement at minimal 90 days but will continue until canceled by subscriber upon a 30 day notice of cancellation. Subscription shall be renewable at the option of the company, and without further notice for successive terms, unless the Subscriber gives notice of intent not to renew or cancel service.

1. INSTALLATION SYSTEM: Subscriber authorizes Company to install or cause to be installed, the security system as specified, including connections necessary to transmit the necessary signals from the premises of Subscriber, if any. Subscriber agrees to allow Company to remove any prior-installed alarm equipment, which in the opinion of the Company may interfere with the installation and/or maintenance of Company’s system, whether such removal is required at the time of initial installation or at any time thereafter. All signals are transmitted over telephone company leased lines and/or radio band, which are wholly beyond the control and jurisdiction of Company, and which are maintained and serviced by the applicable telephone company or utility. Wiring (if any) for system will be of non-plenum type, and Company does not represent that: all wiring installed in the premises of Subscriber will be concealed or be installed in conduit, unless specified.
2. AUTHORIZED PERSONNEL: Subscriber agrees to furnish to Company forthwith a list of the names, titles, addresses and phone numbers of all persons authorized to access application portal and emergency response.
3. OFF-PREMISES MONITORED ALARMS: Company, upon receipt of an alarm signal from the Subscriber’s premises, shall make every reasonable effort to transmit the alarm promptly to the headquarters of the police, guard or the fire department having jurisdiction, unless there is just cause to assume that if an emergency condition does not exist.
4. SUBSCRIBER’S RESPONSIBILITY: Subscriber shall carefully and properly set the system immediately prior to the closing of the premises during the term of this Agreement. In the event any defect in the operation of the system develops, Subscriber shall notify Company and Company will repair such defective condition as soon as reasonably possible after receipt of notice from Subscriber. Subscriber agrees to test motion detectors, door/window switch, hold-up switches, sounders, capacitance device, smoke-heat detectors, or any other electronic equipment designated on the Schedule of Equipment, once annually: to notify Company promptly in the event such equipment fails to respond to any such tests: and at Subscriber’s sole costs inspect and replace as needed all batteries in wireless transmitters, wireless hold-up/money clips, etc. In addition, Subscriber agrees to operate the system according to the current procedure prescribed by Company. Subscriber agrees to notify Company promptly in the event Subscriber needs additional instruction on testing or use of equipment.
5. DISTURBING CONDITIONS: Where any device or equipment is supplied, including but not limited to space detection, which is affected by turbulence of air or other disturbing conditions, Subscriber agrees to turn off or remove all things, animate or inanimate, including but not limited to all force heaters, air conditioners, animated display signs, animals, coverings of chemical vats, compressors and any other source of air turbulence or movement which may interfere with the effectiveness of the system, while system is operating. Subscriber also agrees to exterminate premises, to keep premises free from rodents, and insects, or otherwise that might affect the operation of the system.
6. POWER FAILURE: In the event of power failure or other Interruption at Subscriber’s premise, Subscriber shall immediately notify Company. Subscriber also agrees to supply 120 volt AC power to system.
7. FALSE REPORT: In the event Subscriber shall cause an excessive number of false alarms through the carelessness, malicious or accidental use of the system or in the event Subscriber shall in any manner misuse or abuse the alarm system, it shall constitute a material breach of contract on the part of the Subscriber and Company may at its option, in addition to all other legal remedies, be excused from further performance upon the giving of ten (10) days notice to Subscriber. Company’s excuse from performance will not affect Company’s right to recover damages from Subscriber. In the event a fine, penalty or fee shall be assessed against Company by any governmental agency as a result of any false alarm originating from Subscriber’s premises, Subscriber agrees to reimburse Company for payment of the said false alarm fine, penalty or fee. In the event Company shall dispatch an agent to respond to a false alarm originating from Subscriber’s premises, where Subscriber intentionally, knowingly, or negligently activates the alarm system and no emergency condition exists, then and in that event, Subscriber is to pay Company the sum of minimum applicable hourly rate.
8. DEFAULT OR TERMINATION: Subscriber agrees that in case of breach of the Agreement by Subscriber’s failure to pay Company as agreed herein, or any service charge for service rendered by Company to Subscriber that was not a part of this Agreement for repair or service of the system, the Company will have the option to terminate service without terminating the contract, and in the event of termination of service for Subscriber’s failure to pay, Subscriber will immediately pay to Company all accrued charges incurred prior to the date of termination, equipment and remaining service payments which Subscriber would have been obligated to pay from the date of termination until the end of the exist. In the event of any default of whatever nature by Subscriber, or upon expiration of the agreement or any renewal term thereof, Subscriber consents to Company entering any premises where the property of Company may be located for the purpose of removing all or part of the equipment belonging to Company, and Subscriber agrees to pay Company all accrued charges incurred prior to the date of termination, together with all sums to which Company may be entitled to under the law by virtue of said default. Removal of the equipment or other items by Company shall not constitute a breach by Company of this Agreement or a waiver of Company’s right to damages to which it may be entitled under the terms of this Agreement or other provisions of law.
9. SUSPENSION OR CANCELLATION OF THIS AGREEMENT: This Agreement will be suspended, upon the occurrence of any such event, without liability or penalty, in the event the Company’s Central Station connecting wires, radio repeater/tower, or other equipment are destroyed by fire, other catastrophe or by any other means, or is so substantially damaged that it is impractical to continue service; or in the event that Company is unable to either secure or retain the connections, licensees, or privileges necessary for the transmission of signals between Subscriber’s premises and Company’s Central Station or between the Public Police, Guard and Fire Departments, or for any other reason whatsoever. Company, at its option, may reinstate or cancel this Agreement.
10. COMPANY’S OBLIGATION: Company’s obligation hereunder relates solely to the servicing of the specified system and Company is not obligated to maintain, repair or assure operation of the property, or any devices of the Subscriber or of others to which Company’s system may be attached, nor to repair or redecorate any portion of the Subscriber’s premises upon removal of all or part of equipment.
11. COMPANY IS NOT AN INSURER; LIQUIDATED DAMAGES: IT IS UNDERSTOOD AND AGREED: 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 SERVICES SET FORTH HEREIN AND ARE UNRELATED TO THE VALUE OF SUBSCRIBER PREMISES OR PROPERTY OR THE PROPERTY OF OTHERS LOCATED ON THE PREMISES; THAT COMPANY MAKES NO GUARANTEE OR WARRANTY INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE THAT THE EQUIPMENT, INSTALLATION OR SERVICES SUPPLIED WILL AVERT OR PREVENT OCCURRENCES OR THE CONSEQUENCES THEREFROM WHICH THE SYSTEM OR SERVICE IS DESIGNED TO DETECT OR AVERT. SUBSCRIBER ACKNOWLEDGES THAT IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX THE ACTUAL DAMAGES, IF ANY, WHICH MAY APPROXIMATELY RESULT FROM A FAILURE TO PERFORM ANY OF THE OBLIGATIONS HEREIN, INCLUDING BUT NOT LIMITED TO INSTALLATION, MAINTENANCE, SERVICE, OR MONITORING, OR THE FAILURE OF SYSTEM TO PROPERLY OPERATE WITH RESULTING LOSS TO SUBSCRIBER BECAUSE OF, AMONG OTHER THINGS:(a) THE UNCERTAIN AMOUNT OF VALUE OF SUBSCRIBER’S PREMISES, OR 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 AVERT.(b) THE UNCERTAINTY OF THE RESPONSE TIME OF ANY POLICE, GUARD, OR FIRE DEPARTMENT, SHOULD THE POLICE, GUARD, OR THE FIRE DEPARTMENT BE DISPATCHED AS A RESULT OF A SIGNAL BEING RECEIVED OR AN AUDIBLE DEVICE SOUNDING.(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 NATURE OF THE SERVICE TO BE PERFORMED BY THE COMPANY.SUBSCRIBER AGREES THAT DAMAGES (IF ANY) WILL BE FIXED AS HEREIN SPECIFIED. SUBSCRIBER UNDERSTANDS AND AGREES THAT THE SERVICES RENDERED BY COMPANY ARE PROFESSIONAL SERVICES, THE ESSENCE OF WHICH IS PROVIDING ADVICE, JUDGEMENT, OPINION, OR OTHER PROFESSIONAL SKILL, AND THAT NEITHER THE COMPANY NOR ITS EMPLOYEES, AGENTS, OR REPRESENTATIVES HAVE MADE ANY EXPRESS REPRESENTATIONS OF FACT OR ANY WARRANTY, EXPRESS OR IMPLIED, AS TO ANY MATTER AFFECTING THE SUBSCRIBER OR THIS AGREEMENT.
12. INDEMNIFICATION: IN THE EVENT ANY PERSON OR ENTITY SHALL MAKE ANY CLAIM OR FILE ANY LAWSUIT AGAINST COMPANY FOR ANY REASON RELATING TO COMPANY’S DUTIES AND OBLIGATIONS PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE DESIGN, INSTALLATION, MAINTENANCE, SERVICE, OPERATION OR NON-OPERATION OF THE SYSTEM, SUBSCRIBER AGREES TO INDEMNIFY, DEFEND AND HOLD COMPANY HARMLESS FROM ANY AND ALL CLAIMS AND LAWSUITS, INCLUDING THE PAYMENT OF ALL DAMAGES, EXPENSES, COSTS AND ATTORNEY’S FEES, WHETHER THESE CLAIMS BE BASED UPON ALLEGED INTENTIONAL CONDUCT, ACTIVE OR PASSIVE NEGLIGENCE, OR STRICT OR PRODUCT LIABILITY ON THE PART OF COMPANY, ITS AGENTS, SERVANTS OR EMPLOYEES. SUBSCRIBER HEREBY WAIVES RIGHT TO SUBROGATION, AND AGREES NOT
13. ARBITRATION & MEDIATION: In the event a dispute shall arise, the Subscriber agrees to participate in mediation in accordance with the mediation procedures of the United State Arbitration & Mediation.
14. DIGITAL DIALER COMMUNICATORS: Subscriber acknowledges: that this is a non-supervised digital communicator system; that the system utilizes Subscriber’s voice telephone lines which are wholly beyond the supervision and control of Company, that in the event Subscriber’s telephone line fails or is cut, the system will not communicate alarms to the monitoring station; if Subscriber desires additional supervision and so notifies and contracts with Company for additional service, a Long Range Radio or other device may be used to increase the level of monitoring integrity. Subscriber agrees to furnish Company with the proper data communication telephone line to enable signals to be transmitted. In addition, Subscriber agrees to operate the RJ-31X test jack when testing telephone line continuity, and agrees to notify Company if system fails to respond to test, when jack is provided. Subscriber acknowledges that Digital Dialer Communicator Software is the sole property of Company.
15. PERMIT TO OPERATE ALARM SYSTEM: Subscriber acknowledges that in some local areas it is a requirement to obtain a permit or license to operate an alarm system. Subscriber agrees to secure any permit that might be required, and Subscriber acknowledges that the cost, if any, of the permit or license will be that of the Subscriber’s duties, along with any additional charges that might be imposed on subscriber by any authority.
16. TAXES; INCREASE IN CHARGES AND MONTHLY PAYMENTS: Subscriber agrees to pay, in addition to the charges therein, all taxes, fees, permits, licenses and charges imposed by any governmental authority relating to the installation, service, or operation of the system, and to pay any increase in charges levied against the Company by the public utility providing wire connections for the transmission of signals between Subscriber’s premises and Company’s central station or Police/Guard/Fire Department. Subscriber additionally agrees that Company may, at its option and upon thirty (30) days written notice to Subscriber, increase the monthly service fee at any time after the expiration of one year from the date of signing of this Agreement, and at any time thereafter provided that there shall be no more than one such increase during any twelve month period. Each such increase shall be for no more than ten (1 0%) percent of the monthly payment last in effect prior to such increase.
17. OWNERSHIP AND PROTECTION OF EQUIPMENT: If given the entire system, including all devices, instruments, appliances, connections, wires, conduits and other materials associated therewith, except telephone company leased lines, is and shall at all times remain the sole property of Company unless otherwise stated by the term “purchase’” after each and every piece of equipment in the Schedule of Equipment on the reverse side. Subscriber does hereby agree to protect the said equipment and to indemnify and pay to Company the cost of repair or replacement for any loss or damage to Company’s equipment, including but not limited to loss by fire, earthquake, riot, flood or other damage or destruction. Subscriber agrees not to attach or use any equipment in conjunction with the system(s) furnished hereunder that is not provided by the Company. Subscriber expressly covenants and agrees not to move, disturb, damage or otherwise interfere with the operation of the system, nor to permit others to do so. Subscriber agrees that the system(s) shall remain in the same location as installed. In addition to the values agreed in Paragraph 14, Subscriber acknowledges that in the event a long range transmitter is provided the equipment is the sole property of the Company and the agreed value is Five Hundred ($500.00) Dollars, and said radio will not be depreciated. In the event equipment was given to subscriber, subscriber must allow Company in home to remove installed equipment.
18. PURCHASE EQUIPMENT: SUBSCRIBER OWNED EQUIPMENT: Subscriber acknowledges that in the event of a sale of all or part of the equipment provided herein, the Schedule of Equipment will list individually what will be owned by Subscriber by the term ‘“purchase” after each and every piece or part listed in the Schedule of Equipment. In the event of a purchase, the entire system will remain the sole property of Company, until all financial obligations of Subscriber’s have been fulfilled. In the event of defect in equipment and if equipment fails to respond to test, Company, at its expense, will repair defective conditions as soon as reasonably possible, after receipt of notice from Subscriber for a period of TWO (2) years.
19. DELAY IN INSTALLATION: Company assumes no liability for delay in installation of the equipment, or for interruption of service due to strikes, riots, floods, storms, earthquakes, fires, power failures, insurrection, interruption of or unavailability of phone service, or equipment, acts of God or any other cause beyond the control of Company.
20. ATTORNEY’S FEES: In the event it shall become necessary for Company to institute legal proceedings to collect the cost of installation or the monthly service charges as set forth herein. Subscriber agrees to bear all cost in the efforts of collecting under this agreement.
21. ASSIGNABILITY: This Agreement is not assignable by Subscriber except upon written consent of Company first being obtained; however, Company has the right to assign part or all of this agreement.
22. APPROVAL OF AGREEMENT: This Agreement is binding once signed and/or services have been established.
23. LATE FEES: Subscriber agrees to pay the Sum of Ten ($10.00) Dollars if any charge becomes more than thirty, (30) days past due for additional bookkeeping costs. In addition Subscriber agrees to pay 1 -1/2% interest per month on all delinquent amounts. Any past due amounts for more than sixty (60) days, may at the option of Company, result in the disconnection of services. In the event of disconnection, Subscriber agrees to pay Company the sum of Fifty ($50.00) Dollars for the re-connection of service. Such default by Subscriber shall not eliminate Subscriber’s obligation to pay the payments thereafter due under this Agreement. In addition to other remedies available to the Company, in the event of default, Subscriber agrees to pay the Company a sum equal to five (5%) percent of the total monthly payments due under the initial term of this Agreement as liquidated damages for removing the system(s). In the event Subscriber issues a return check, Subscriber agrees to pay all fees associated.
24. DETERMINATION AND VENUE: Any judicial determination nullifying any clause or condition herein shall not be deemed to nullify the balance of this Agreement, which shall remain in full force.
25. COMPLETE AGREEMENT: Any representation, promise, condition, inducement of extended warranty, express or implied, unless contained in writing in this Agreement, shall not bind either party, and the terms and conditions hereof apply as printed without alterations or qualifications except as specifically endorsed hereon in writing.
26. SERVICE AND INSPECTIONS: Subscriber- hereby authorizes and empowers Company, its agents and assigns to service the aforesaid system and to make any necessary inspections, tests and repairs as required. In addition, changes in or rearrangement of the equipment components, necessitated by stock, fixture or structural changes required by any persons, entity or governmental body, and any alterations which are required to retain the original coverage provided, shall be at Subscriber’s expense. Repairs necessitated by ordinary wear and tear shall be at Company’s expense, if applicable. All other repairs shall be at Subscriber’s expense. If during the term of this Agreement or any renewal thereof Subscriber desires to relocate the alarm site within the area serviced by Company, and as a result thereof requires the location of the equipment to be changed, Subscriber agrees to pay Company for relocating the equipment at Company’s then prevailing rate. All installations, inspections, repairs and tests which may be required on the part of the Company shall be performed between the hours of 8:00 A.M. - 5-00 P.M. on normal business days. All installations and service required by Subscriber after 5:00 P.M., on holidays, and on weekends will he charged at an applicable overtime rate. The terms and conditions contained herein shall govern all future dealings between Subscriber and Company, including but not limited to repair, service, guard response, monitoring, maintenance, additions and alterations.
27. SUBCONTRACT: ‘Avenger Security’, has the exclusive right to subcontract any portion of this agreement, including but not limited to installation, service, maintenance, monitoring, management and ownership.
28. LICENSED COMPANY: Company has and maintains a license with the Texas Department of Public Safety-Private Security Bureau, PO Box 4087, Austin, TX 78773-0001. 512-424-7710.
29. MAINTENANCE AGREEMENT: When a Maintenance Agreement is established between Company and Subscriber as evidenced, Company subject to other terms and conditions of this Agreement will repair defective conditions of the equipment provided by Company, excluding wiring and battery(ies). Repair of defective conditions caused by ordinary wear and tear, or mechanical or electrical malfunction shall be at company’s expense; all other repairs, including but not limited to acts of God, intentional damage or neglect shall be at Subscriber’s expense.
30. AUTOMATIC MONTHLY PAYMENTS: Payments made by ACH or Debit entry to checking/savings account or credit/debit card account provided by Subscriber. This authority will remain in effect until Subscriber notifies, in writing, to cancel. Notice must be made at least (3) days prior to debit to allow Company to change or stop payment.  If the debit is returned unpaid, Company may debit returned item fees from account in the same manner.  Automatic monthly payments will remain in effect until Subscriber provides written 30 day notice to cancel to fulfill agreement.