Security System Terms & Conditions
WSS INTEGRATED TECHNOLOGIES
1052 Milford Warren Glen Road Bloomsbury, NJ 08804
TERM FOR SERVICES
1. EQUIPMENT INSTALLATION.
|A. EQUIPMENT SALE AND INSTALLATION: Company will sell and install the equipment identified on the SCHEDULE OF EQUIPMENT (the “Equipment” or “System”). Unless otherwise agreed to in a writing between Customer and Company, Customer will be responsible for obtaining and paying for any permits required for the installation of the Equipment. Company may be required to drill holes, insert nails, screws, brackets or cut into walls, ceilings and other building materials to complete the installation, and is not responsible for repairing or restoring any damage, or repainting or redecorating the Premises necessary for, or caused by, the installation. Company’s installers are not aware of hidden pipes, wires or other objects within walls, floors, ceilings or other concealed spaces and, therefore, Customer must advise Company of such hidden objects before the installation starts. At all times during the installation, it is Customer’s responsibility to make the Premises available to Company, including notifying and making appropriate plans with any owner, landlord, tenant or other persons. Company may require the non-technical assistance of one or more staff member(s) of Customer to perform the installation (for such purposes as moving furniture, personal items of the Customer, providing access, etc.), and Customer agrees to provide staff member(s) as so required. Unless written notice is provided to Company, Customer represents that there is no (i) Permit Confined Spaces as defined by OSHA which the Company will be required to access or enter; (ii) risk of infectious disease anywhere within the Premises where work will be performed by the Company; (iii) need for air monitoring, respiratory protection, or other medical risk, or (iv) asbestos containing material, formaldehyde or other potentially toxic or hazardous material contained in, on or around the surface of the floors, walls, ceilings, insulation or other structural components where work will be performed by the Company (“hazardous conditions”). If hazardous conditions are encountered, Company shall have no obligation to perform work in an affected area until the area has been made safe by Customer, and Customer shall pay reasonable disruption and re-mobilization costs and expenses as reasonably determined by Company. Customer agrees to indemnify, defend and hold Company harmless for any and all damages resulting from exposure of workers to hazardous conditions, including bodily injury and property damage, attorneys’ fees, court costs and expert fees. Under no circumstances shall Company be responsible for the removal or disposal of any hazardous materials. Company is not responsible for any delay in the installation of any Equipment caused by unavailability of Equipment, war, terrorism, fire, flood, extreme weather, accident, explosion, governmental or court order, strike, lockout or other labor troubles, or any other cause beyond the reasonable control of the Company. If the Company provides an estimated start date or completion date for installation, such dates are good faith estimate only and time is not of the essence.
B. EQUIPMENT LEASE AND INSTALLATION: Company will install the Leased Equipment identified on the SCHEDULE OF EQUIPMENT, and the Customer shall have the right to use the Leased Equipment for the Initial Term and any applicable month-to-month renewal terms. All terms and conditions set forth in 1A, above, shall apply to the installation of Leased Equipment. Upon termination of this Agreement or expiration of the Initial Term or applicable month-to-month renewal term (as the case may be) for the Leased Equipment, the Company shall be permitted to remotely delete the programming of the applicable equipment panel. Further, the Customer shall promptly remove and return in good working condition (ordinary wear and tear excepted) or permit the Company access to the Premises to so remove, the applicable Leased Equipment. If the Company removes the applicable Leased Equipment, the Customer understands and agrees that the Company may be required to drill holes, insert nails, screws, brackets or cut into walls, ceilings and other building materials to complete the Leased Equipment removal, and is not responsible for repairing or restoring any damage, or repainting or redecorating the Premises necessary for, or caused by, such removals. IN THE EVENT THE CUSTOMER DOES NOT PROMPTLY RETURN THE LEASED EQUIPMENT OR PROVIDE THE COMPANY ACCESS TO THE PREMISES TO REMOVE THE LEASED EQUIPMENT OR IF THE LEASED EQUIPMENT IS NOT OTHERWISE IN GOOD WORKING CONDITION WHEN SO RETURNED OR REMOVED (ORDINARY WEAR AND TEAR EXCEPTED), THE CUSTOMER AGREES TO PAY TO THE COMPANY (AS AN AGREED-UPON AMOUNT OF DAMAGES FOR THE LEASED EQUIPMENT AND NOT AS A PENALTY), TWELVE (12) TIMES THE MONTHLY LEASE CHARGES UNDER THIS AGREEMENT, EXCLUSIVE OF ANY TAXES. IN ADDITION, THE COMPANY SHALL HAVE ALL OF THE RIGHTS AND REMEDIES AVAILABLE TO IT UNDER PARAGRAPH 17 OF THIS AGREEMENT.
|2. LIMITED WARRANTY FOR EQUIPMENT SALE AND INSTALLATION.|
|For ninety (90) days from the date of the substantial completion of installation of any Equipment purchased by the Customer under this Agreement, Company warrants that if any such Equipment does not work because of a defect in design or workmanship, Company will repair or replace that part at no charge. The Limited Warranty does not apply if the Equipment has been damaged by Customer, accidents, power surges, misuse, vandalism, terrorism, improper maintenance, unauthorized changes or acts of God (such as fires, earthquakes, floods, tornadoes, etc.). This Limited Warranty is the only warranty Company makes. NO EXPRESS OR IMPLIED WARRANTIES EXTEND BEYOND THE FACE OF THIS AGREEMENT. THE COMPANY MAKES NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY AND ALL SUCH WARRANTIES BEING EXPRESSLY WAIVED UNDER
THIS AGREEMENT. Company will only provide Limited Warranty service if Customer notifies Company of a need for service. Once notified, Company will service the Equipment as soon as it reasonably can during normal business hours (9:00 a.m. to 5:00 p.m.), excluding Saturdays, Sundays and Holidays. Company is not responsible for any interruption of service after a service request has been made and before service is complete. Customer agrees to pay Company its applicable charges for labor and materials for any service to the Equipment not covered by the Limited Warranty in this Agreement or otherwise requested on an emergency basis. All of Customer’s duties and obligations under this Agreement continue even if the Customer sells or leaves the Premises.
|3. CENTRAL STATION SIGNALING SERVICE.|
|If the Customer has contracted for Central Station Signaling Service (“Monitoring”), Company will subcontract the Monitoring to a central monitoring station (the “Monitoring Subcontractor”). Once the Monitoring Subcontractor receives an alarm signal from the System at the Customer’s Premises (or video from surveillance cameras at the Premises (the “Cameras”), if the Customer has contracted for Central Station Remote Video Monitoring), indicating the necessity for response, the Monitoring Subcontractor will make reasonable efforts to communicate electronically or by telephone to the addresses and telephone numbers provided by Customer and/or the appropriate governmental agencies, if applicable, identified by the Customer. The Monitoring Subcontractor cannot control or be responsible for police or fire response time. Monitoring is not error-free. Alarm signals (and video, if applicable) are sent from the applicable System or Cameras to the Monitoring Subcontractor using the communications equipment at Customer’s Premises tied into the System and/or Cameras, which may include Customer’s regular telephone line(s); wirelessly, and/or the internet or cable system. Company is not responsible for the functioning of the communications equipment and, if it is not functioning, the Monitoring Subcontractor will not receive an alarm signal or video (if applicable) and will be unable to respond. If the Monitoring is for a System or Cameras owned by the Customer and previously sold and installed by others (“Pre-Existing System or Cameras”), the Company will attempt to connect the Customer’s Pre-Existing System or Cameras to the Monitoring Subcontractor for Monitoring. If any additions, modifications or repairs are required to the Pre-Existing System or Cameras to connect it, and Customer refuses to authorize or pay for the work, Company may terminate this Agreement on seven (7) days written notice to the Customer. Company did not sell, manufacturer, design or install the Pre-Existing System or Cameras and makes NO WARRANTIES OR REPRESENTATIONS CONCERNING THE PRE-EXISTING SYSTEM OR CAMERAS, THE DESIGN, CODE COMPLIANCE, OPERATION OR SUITABILITY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. Before Customer changes the communications equipment, Customer must first call Company because the new equipment may not work with the System or Cameras and the Monitoring Subcontractor may not receive any alarm signals or video (if applicable). Customer understands and agrees that the Monitoring Subcontractor may require Customer to sign a separate written contract for the Monitoring, which the Customer hereby agrees to sign. Company reserves the right to terminate the Monitoring, with no further obligation to Customer, upon ten (10) calendar days advance written notice to Customer in the event of (i) excessive runaway and/or false signals, or (ii) violations of the reasonable policies and procedures of the Monitoring Subcontractor. Monitoring shall immediately terminate, without prior notice, in the event of (i) the telephone lines, network, other communications equipment; software; or facilities of the Monitoring Subcontractor are destroyed, damaged, or are rendered inoperable; (ii) war, terrorism, fire, flood, extreme weather, accident, explosion, governmental or court order, strike, lockout or other labor troubles or any other cause beyond the reasonable control of the Monitoring Subcontractor for the duration of the interrupted service; or (iii) excessive runaway and/or false signals. The Customer hereby appoints the Company as the Customer’s agent for purposes of providing emergency contact information, direction and other requested information to the Monitoring Subcontractor. Further, the Customer (for itself/himself or herself, and each person identified by the Customer as an emergency contact), hereby consents to the Monitoring Subcontractor calling each such person’s cell phone number or other mobile device number for purposes of providing the Monitoring, if the Monitoring Subcontractor is so provided with such number by the Company or the Customer.
4. USE OF COMMUNICATIONS FOR MONITORING
The Customer hereby consents to the Monitoring Subcontractor intercepting, recording, retrieving, reviewing, copying, disclosing and using for purposes of providing the Monitoring, the contents of all telephone, video, electronic and other related transmissions of communications.
5. ANNUAL FIRE ALARM INSPECTION
If the Customer has contracted for an Annual Fire Alarm Inspection (“Inspection”), Company will perform such Inspection in accordance with the applicable NFPA standards and the requirements, if any, of the local authority having jurisdiction. An Inspection does not include fire sprinkler systems (or applicable water sources), kitchen fire suppression systems, special hazard fire suppression systems, portable fire extinguishers, or any related device or components. It is the sole responsibility of Customer to contact Company to schedule an Inspection and make the Premises available to Company during business hours (9:00 a.m. to 5:00 p.m., Monday through Friday), so that Company may perform the Inspection. This includes notifying and planning with, among others, any tenants, landlords and owners for access as may be required by Company to perform the Inspection. Inspections are limited to the systems, equipment and related devices, components and wiring which are readily and safely accessible to Company and can be accessed without undue restrictions at the time scheduled for the Inspection. By way of examples, Company will not remove or open drywall or closed ceilings; dismantle any mechanical or structural or non-structural unit; move furniture, inventory, equipment, computers, fixtures or other personal property of Customer; enter or inspect any concealed or inaccessible areas or spaces or enter or inspect within any confined spaces as defined by OSHA. If Company is unable to perform an Inspection service due to issues relating to access, the Company reserves the right to charge the Customer a Two Hundred Fifty Dollar ($250.00) re-inspection fee. Company will not repair or replace any system, equipment or related component, device or wiring during an Inspection, unless Customer separately contracts in writing with Company to do so for a separate additional fee. The Company is not responsible for any failure, problem or non-compliance with the NFPA, local authority having jurisdiction, or other applicable codes, laws, guidelines or standards discovered during an Inspection. While Company is performing an Inspection, systems, equipment components or devices at the Premises may fail or malfunction through no fault of Company. Company assumes no liability or responsibility whatsoever for any such failure, or any related real or personal damage. Company may require the non-technical assistance of one or more staff member(s) of Customer to perform an Inspection and Customer agrees to provide staff member(s) as so required. INSPECTIONS ARE NOT AN ENGINEERING REVIEW OR ANALYSIS OF ANY SYSTEM, EQUIPMENT, COMPONENT OR DEVICE. THE INSPECTION SERVICES WILL NOT INCLUDE INSPECTION OR ANY ADVICE RELATING TO ANY RECALLED PRODUCTS. THE INSPECTION SERVICES AND RELATED INSPECTION REPORTS ARE BASED SOLELY ON CONDITIONS EXISTING AT THE DATE AND TIME OF THE INSPECTION ONLY.
6. SERVICE PLANS
If the Customer has contracted for a Service Plan, service will be performed during business hours from 9:00 a.m. to 5:00 p.m., Monday through Friday (but excluding Saturdays, Sundays, Holidays). The Customer agrees to pay the Company its prevailing hourly labor rates for any service requested after the business hours, or on a Saturday, Sunday or Holiday. The Service Plan does not include batteries or labor or parts relating to any service, repair or replacement arising from or relating to any part that (i) is no longer manufactured, repairable, or supported by the manufacturer for service (ii) is the subject of a product recall; (iii) requires service, repair or replacement due to damage caused by the Customer, power surges, misuse, vandalism, lack of proper maintenance, service by other parties, relocation by or on behalf of the Customer, or acts of God (such as fires, earthquakes, floods, tornadoes, etc.), or (iv) was installed by any person or entity other than the Company at any time before or after the date of this Agreement. If the Service Plan includes a fire system, this does not include fire sprinkler systems (or applicable water sources), kitchen fire suppression systems, special hazard fire suppression systems, portable fire extinguishers, or any related parts, devices or components. All service calls are limited to the system subject to the Service Plan and the related parts and wiring which are readily and safely accessible to Company and can be accessed without undue restrictions during the applicable service call. By way of examples, Company will not remove or open drywall or closed ceilings; dismantle any mechanical or structural or non-structural unit; move furniture, inventory, equipment, computers, fixtures or other personal property of Customer; enter or inspect any concealed or inaccessible areas or spaces or enter or inspect within any confined spaces, as defined by OSHA. Company will not repair or replace any part during a service call, unless authorized by the Customer. Company is not responsible for any failure, problem or non-compliance with the National Fire Protection Association (“NFPA”), local authority having jurisdiction, or other applicable codes, laws, guidelines or standards discovered during a service call. While Company is performing a service call, parts may fail or malfunction through no fault of Company. Company assumes no liability or responsibility whatsoever for any such failure, or any related real or personal property damage, inventory damage, economic damage, business interruption, or other damages which may result. Company will only repair, replace or clean up any damage from any such failure.
7. REMOTE SUBSCRIBER ACCESS SERVICES.
If the Customer has contracted for Remote Subscriber Access Services (“Remote Services”), Customer will have wireless remote access to the applicable system, through a Customer owned and enabled electronic devices, for purposes of utilizing those Remote Services contracted-for in this Agreement. If Customer has contracted for the Remote Services, alarm notifications paired with video clips will be wirelessly transmitted to the Customer’s enabled portable device so that the Customer may see what is activating the alarm, and utilize other features and functionalities enabled through the Remote Services. Upon receipt of any such alarm notifications and related video clips, the Customer is solely responsible for interpreting the data and implementing any plan of action, such as calling 911 or other appropriate emergency responders.
8.MANAGED ACCESS CONTROL SERVICES.
If the Customer has contracted for MANAGED Access Control Services (“MACS”), access control software for the applicable Access Control System (“ACS”) will be hosted, maintained and operated by the Company’s secure server. The Company will maintain and back- up Customer’s data for the ACS. By written instructions provided to the Company, the Company will remotely add, delete or modify employee and third-party access and cards, remotely manage (lock and unlock) doors, change and modify schedules, view and print reports, remotely install any applicable software and firmware updates, program the ACS, remotely troubleshoot if Customer experiences any problems with the ACS, and perform other services enabled by the features and functionalities of the access control software and requested in writing by the Customer. The Customer hereby consents to the Company remotely accessing the Customer’s ACS for the limited purpose of providing the MACS.
9.HOSTED ACCESS CONTROL SERVICES.
If the Customer has contracted for HOSTED Access Control Services (“HACS”), the Customer will have cloud-based access, through its enabled electronic devices, to access control software hosted on a secure remote server for the applicable Access Control System (“ACS”). By accessing the access control software, the Customer may maintain and back-up data for the ACS, add, delete or modify employee and third-party access and cards, manage (lock and unlock) doors, change and modify schedules, view and print reports, program the ACS, and perform other services enabled by the features and functionalities of the access control software. All data stored by the Customer through the HACS will be saved for a period of one (1) year from the date and time that the data is first stored by the Customer.