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<br />PROTECTION ONE ALARM MONITORING, INC., Licensing Information. AL Electronic Security Board of Licensure, 7956 Vaughn Road, Suite 392, Montgomery, AL
<br />36116, Telephone 334-264-9388. AL: 643, 533, 744, 1018; AZ: ROC190246 (K-67); AR: Arkansas Board of Private Investigators and Private Security Agencies, 1 State .
<br />Police Plaza Drive, Little Rock, AR 72209,501- 618-B600, AR: E97-122; CA: Alarm company operators are licensed and regulated by the Bureau of Secunty and Investlgabve
<br />Services, Department of Consumer Affairs, Sacramento, California 95814. CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE
<br />CONTRACTORS' STATE LICENSE BOARD WHICH HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT REGARDING A
<br />PATENT ACT OR OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY QUESTIONS CONCERNING A CONTRACTOR MAY
<br />BE REFERRED TO THE REGISTRAR, CONTRACTORS STATE LICENSE BOARD, P.O. BOX 260000, SACRAMENTO, CALIFORNIA 95826, CA: ACO 3717, 626615; CT:
<br />185782; DE: 1998200138, 97-54, CSRSL-0029; FL: EF20000524; GA: LVA205837; IA: AI-0310, AC-0082; 10: SC21391; IL: 127-001000, 128-000151, 128-000115; KY: 161;
<br />LA: F 713; ME: MC60018702; MD: 107-1498, 03322228; MA: 7066 C; MI: 3601205122,3602203841,5103229; MN: TS00502; MS 15007478, 15007925; MT: 162,
<br />299FPC; NV: 0031668A, F189; NJ: P01008; NM: 58345, 08-0040; NY: Licensed by the NYS Department of State. NY: 12000261120; NC: 24466-SP-L V, 1285-CSA; OH: 53-
<br />18-1493; OK: 621; OR: CCB116325, 34-428CLE; PA: PA 003926; RI: 9775; SC: BAC5097, FAC3162, BAC5097; TN: 641, 642, 697, 638; TX: Complaints can be filed in
<br />Texas with the Texas Commission on Private Security, 5805 Lamar Blvd., Austin, Texas 78752. TX: ACR-1637, B08690; UT: 330634-6501 ; VA: 11-2533; WA:
<br />PROTE0022K2, PROTEOA033BP, UBI 601 354926; WY: #LV A 17.
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<br />MASTER TERMS AND CONDITIONS
<br />
<br />1. Master Terms and Conditions. Customer ("Customer" or "you"), as a
<br />commercial enterprise, may, now or in the future, have multiple physical
<br />business locations (herein a "Premises") for which you obtain from Protection
<br />One ("Protection One", "we" or "us") various Equipment and Services. It is the
<br />intention of the parties that all of your Premises be covered by these Master
<br />Terms and Conditions, as same may hereafter be amended from time to time,
<br />and that for each separate Customer Premise, a separate schedule of
<br />protection, which may contain updated master terms and conditions, will be
<br />completed and executed by the parties. These updated Master Terms and
<br />Conditions will govern over any inconsistent provisions contained in any
<br />previously agreed master terms and conditions, and over any other
<br />agreements, written or oral, between the parties pertaining to Customer
<br />premises.
<br />2. Charges. In consideration of the Equipment and Services we provide
<br />hereunder, you promise to pay Protection One the Equipment Charges and
<br />Service Charges, any activation or other fees, plus applicable taxes
<br />("Charges"), in accordance with the Payment Terms set forth above. OUR
<br />SERVICE CHARGES UNDER THIS CONTRACT ARE BASED ON YOUR
<br />AGREEMENT TO RECEIVE AND PAY FOR THE SERVICES FOR A FULL
<br />
<br />one (1) YEAR TERM. If you prepay the total amount due under this Contract
<br />prior to the end of the original term of this Contract there is no penalty or refund
<br />except as provided herein. Payment of the Equipment Charges is a
<br />precondition to the activation of your Equipment and any Services you have
<br />selected. We may impose a one-time late charge on each payment that is more
<br />than ten days past due, which shall be the lesser of $5.00 or the highest
<br />amount permitted by law. We may impose returned check charges of the
<br />greater of $25.00 or 5% of the amount of the returned check. You consent and
<br />authorize us to (i) report your payment performance under this Contract to
<br />credit reporting agencies; (ii) obtain and transmit your Taxpayer ID number to
<br />our affiliates and credit reporting agencies for purposes of verifying your credit
<br />history and rating, and (iii) tape record our telephone conversations with you
<br />and users of your Equipment and Services for verification and quality control
<br />purposes.
<br />
<br />3. Increases in Charges. Intentionally Omitted.
<br />
<br />4. Additional Charges. Additionally, you agree to pay, or reimburse us if we
<br />pay, all false alarm fines and assessments, and all taxes, fees or other charges
<br />of any local governmental authority that relate to your Equipment or our
<br />Services, other than taxes assessed on our net income. You further agree to
<br />pay (a) all telecommunications charges for area code, telephone numbering or
<br />other changes, (b) our then-current charge for reprogramming your Equipment
<br />to comply with any area code, telephone numbering or other changes, (c) any
<br />increases in our cost for facilities used for transmitting alarm signals under this
<br />Contract and (d) our charges resulting from services we may add to continue to
<br />provide the Services to you necessitated by police, fire or other emergency
<br />response policies of any governmental body, such as physical or visual alarm
<br />verification requirements. In addition, you shall be responsible for any
<br />modifications to your Equipment necessitated by changes in standards and
<br />regulations of governmental or regulatory authorities, including but not limited to
<br />the Federal Communications Commission ("FCC"), any state Fire Marshal, the
<br />National Fire Protection Association, Underwriters Laboratories, fire or police
<br />department. You agree to pay a service charge if we respond to a service call
<br />or alarm at your Premises which is due to you or your agents, employees or
<br />invitees failure to follow operating instructions or to properly lock or close a
<br />window, door or other protected point, or improper or unauthorized adjustment
<br />to any of your Equipment. Payment for such additional charges is due upon
<br />receipt of our invoice for such charges.
<br />5. Installation and Sale. (a) Installation. The equipment indicated in this
<br />document or in your Schedule of Protection will be installed in the Premises.
<br />Installation of Equipment is subject to the following conditions: (1) We can
<br />access your Premises without interruption during our installer's normal working
<br />hours; (2) The installation may require drilling into various parts of your
<br />Premises; (3) You will provide 110 AC electrical outlets for power equipment in
<br />locations designated by the installer; (4) You will be responsible for lifting and
<br />replacing carpeting, if required, for installation of floor mats or wiring. There may
<br />be areas where the installer determines that it is impractical to conceal
<br />equipment wiring. In such areas, wiring will be exposed. You must within ten
<br />(10) days after installation is complete, inspect your System and notify us in
<br />writing of any problems. Otherwise you will be deemed conclusively to have
<br />accepted your System. If asbestos or other hazardous materials ("Hazardous
<br />Materials") are encountered during installation, installation work will cease until
<br />you, at your sole cost and expense, obtain clearance from a licensed hazardous
<br />material contractor that continuation of the work will not pose any danger to
<br />installation personnel. In no event shall we be liable for the discovery or
<br />removal of Hazardous Materials. Protection One shall not be responsible for
<br />securing the Premises during the period of installation. (b) Direct Sale. If you
<br />have elected to purchase your Equipment, except as set forth below, you will
<br />own the Equipment we install in your Premises (such Equipment is referred to
<br />collectively as the "System"), when you completely pay the purchase price
<br />described on the front page of this document or in a separate Schedule of
<br />Protection. Notwithstanding the foregoing, regardless of the sale type,
<br />ownership of (i) any communication device that makes use of radio, cellular or
<br />intemet communication paths (including without limitation, all equipment
<br />
<br />Commercial Protection One Contract v. 1.5
<br />City of Sunny Isle Beach rev. 6/1 0/1 0
<br />
<br />associated with AlarmNet~ shall be retained by Protection One or its owner, and
<br />(ii) certain intellectual property associated with your System and our Services,
<br />such as certain software, data and installer/programming codes, may not be
<br />transferred by Protection One and remain the property of their respective owners.
<br />(c) Third Party Financed Sale. If you have elected to finance the purchase of
<br />some or a portion of the Equipment with a third party lender or leasing company,
<br />title to the Equipment may be held by your lender/lessor as security for your
<br />loan/lease obligations. The terms of your agreement with the lender/lessor may
<br />require you to maintain insurance, make you responsible for various other costs
<br />and fees, and obligate you to pay the lender/lessor regardless of Protection One's
<br />performance hereunder. Protection One makes no recommendations on lending
<br />sources, is not responsible for your selection of a lending source or the terms of
<br />your agreement with the lender/lessor, and Protection One hereby disclaims all
<br />liability in connection with your arrangements with the lender/lessor. (d)
<br />Protection One Owned Svstem. If we retain ownership of your Equipment, upon
<br />the termination of this Contract, you agree we may enter your Premises and
<br />remove our Equipment (including yard signs and decals) and/or disable your
<br />Equipment. Should you fail or refuse to allow us access to your Premises, you
<br />also agree to: (i) pay us our reasonable charges for the Installed Equipment, and
<br />(ii) reimburse us for any costs (including reasonable attorneys' fees) we may
<br />incur in seeking to gain access to remove the Installed Equipment or to collect
<br />such charges. We have no obligation to repair or redecorate your Premises after
<br />any such removal. Our removal, disabling or abandonment of such equipment
<br />does not constitute a waiver of our right to collect any unpaid charges. (e)
<br />Conversion of Existina Svstem. If you currently have existing and compatible
<br />equipment, we may utilize such equipment. We may elect to repair or replace
<br />your nonfunctioning existing equipment to provide our Services and you agree to
<br />pay our current charges for replacement equipment and that any repairs needed
<br />to make the existing system operational will be performed on a time and material
<br />basis. We do not warrant equipment we do not install. (f) Risk of Loss.
<br />Protection One is not liable or responsible for any damage to our Equipment, or
<br />any loss of or casualty to the Equipment from any cause beyond our control. NO
<br />SUCH DAMAGE, CASUAL TV OR LOSS WILL AFFECT YOUR
<br />RESPONSIBILITIES AND OBLIGATIONS UNDER THIS CONTRACT. You must
<br />keep the Equipment insured against all risks of loss in an amount equal to the
<br />replacement cost and, at our request, have us listed on the policy as "loss
<br />payee". If you do not give us satisfactory proof of the property insurance within
<br />30 days after the commencement of this Contract, then, depending on the original
<br />cost of the Equipment, we may, at our option, either (i) obtain property insurance
<br />to cover our interests and charge you a fee for such coverage (including a
<br />monthly administration fee and a profit to us), or (ii) charge you a monthly non-
<br />compliance fee up to $50 (which provides no insurance benefit). You can cancel
<br />the insurance coverage fee or non-compliance fee at any time by delivering to us
<br />the required proof of insurance
<br />
<br />6. Term. The Initial Term of this contract shall be for one (1) years. The
<br />Initial Term will start on the date your alarm or other system is installed and
<br />operational, and when any necessary communications connection is completed.
<br />In the case of a system takeover or renewal of an existing agreement where no
<br />new equipment is installed, the Initial Term shall begin if any communications
<br />connection is necessary and completed or the date the new Agreement is signed,
<br />whichever occurs first.
<br />
<br />7. Termination of Services; Default. (a) We may, at any time, terminate this
<br />Contract and the Services at our option without liability or notice to you if: (1) Our
<br />monitoring center, equipment or facilities, or the telephone network, are
<br />destroyed, damaged or malfunction so that it is impractical for us to continue the
<br />Services; (2) We cannot acquire or retain the transmission connections or
<br />authorization to transmit signals between your Premises and our Center or
<br />between our Center and Emergency Response Providers; (3) We determine that
<br />it is impractical to continue our Services due to the modification or alteration of
<br />your Premises after installation of your System; (4) Your System generates
<br />excessive false alarms due to circumstances beyond our control; (5) You or your
<br />personnel fail to follow our recommendations to repair or replace any defective
<br />parts of your System not covered under the Limited Warranty or Extended
<br />Service Plan, if applicable, or to follow operating instructions for or tamper with
<br />your System; or (6) For any reason in our discretion upon thirty (30) days prior
<br />notice to you. If we terminate for any of these reasons stated, we will refund any
<br />advance Service Charges for Services to be provided after the termination date,
<br />less any Equipment Charges still due, but we shall not be liable as a result of
<br />such termination.(b) In addition, you shall be in breach, and we may at our option,
<br />terminate this Contract, and exercise our remedies for the payment of all sums
<br />due us if: (1 )You fail to pay any Charges or other monies due hereunder or under
<br />any other agreement you have with us, and such failure continues for ten (10)
<br />days after we provide written notice to you; (2) Any representation you have
<br />made herein or in any other agreement you have with us is determined to be
<br />materially untrue, (3) you breach any warranty contained herein or in any other
<br />agreement you have with us, or (4) you otherwise fail to comply with any non-
<br />monetary obligation or covenant contained herein or in any other agreement you
<br />have with us when same is due, and such failure continues for thirty (30) days
<br />after we provide written notice to you; (5) You deny us reasonable access to the
<br />Systems located in any of your Premises; or (6) You become a debtor in a
<br />bankruptcy or other insolvency proceeding. We may charge you interest at the
<br />highest legal rate on delinquent amounts. You agree to pay all reasonable costs,
<br />fees and expenses incurred by us in connection with the enforcement of this
<br />Contract, including collection expenses, court costs, and reasonable attorneys'
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<br />Customer Initials
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