1. This is a contract between the User/Subscriber/Payer and Home Support Services, LLC, hereinafter referred to as HSS. Under this contract, all parties agree to the provisions of this form.
2. THE EFFECTIVE DATE OF THIS CONTRACT SHALL be the date of acceptance. The contract will continue automatically on a month to month basis after the initial term providing the Payer or HSS does not give advanced written notice to the other canceling the contract and returning all equipment.
3. SERVICE PAYMENT: The Payer agrees to pay the total monthly monitoring fee as indicated by the selection of a monthly, quarterly or annual payment plan. If the Payer terminates this agreement for any reason whatsoever, HSS will return any amount paid for unused months (excluding the month of termination). If the Payer does not pay any amount owed to HSS by the tenth (10th) day following the date due for amount due, HSS shall have the right to cancel this contract upon ten (10) days written notice to the Payer and at the end of these ten (10) days, to have the HSS service returned.
4. HSS agrees to provide and perform or to have provided and performed the following basic monitoring services:(A) Continuous 24 hour monitoring service of designated signals from the HSS HelpLine Medical Alert System, hereinafter referred to as PERS, on the Subscriber’s premises. Upon receiving a signal from the PERS, HSS shall use reasonable efforts to orally notify the appropriate emergency agency or other persons designated on the Medical Notification Form, by telephone, advising of the existence and nature of such signal.(B) HSS shall pay any telephone toll (Long distance) charges for incoming calls to the monitoring station and for notifying the appropriate party designated on the Medical Notification Form.(C) NOTE: HSS highly recommends connection to an RJ3IX telephone jack, supplied by a local telephone company, when telephone extensions are present in the Subscriber’s residence. WARNING: If any telephone extension in the Subscriber’s residence is off-hook, the PERS will not work. An RJ3lX jack, installed by the telephone company, shall be billed by same. Failure to install an RJ3IX telephone jack by Subscriber shall relieve HSS of any and all liabilities for any failure to communicate that may occur as a direct result of such failure. A less expensive alternative is the installation of LineGrabbers, available through HSS, at each extension. NOTICE: Service requires connection to a private analog telephone line, (D) HSS is not responsible in any way for the operation or maintenance of any appliance, instrument, or the telephone system to which the PERS is connected.
5. Subscriber acknowledges that the functions of the PERS and the different options that are available are fully understood. HSS will not be responsible for any oral changes. All transactions must be followed by written confirmation signed by the Subscriber within 10 days. This agreement authorizes HSS to release any information provided on the Subscriber Forms to anyone as deemed necessary. IMPORTANT: The system cannot guarantee in any way that it will prevent accidents, illness, fire, or illegal entry from occurring. HSS is not an insurer of the premises or of any person or personal property on the premises. HSS is not responsible or liable for any damages caused by persons responding to subscriber alarms. Subscriber agrees and is responsible to inform HSS of any changes in information supplied for the computer file for use in emergencies.
6. HSS shall have no liability for any delay in the installation or maintenance of the PERS or for interruption in service due to any cause beyond its control. HSS shall resume performance of its contract obligations after the cause for delay or interruption has been corrected. IMPORTANT: If the PERS is destroyed or substantially damaged by fire or other catastrophe making it impractical to continue service, then either HSS or the Payer may cancel this contract by giving written notice to the other.
7. LIMITATION OF LIABILITY: The subscriber understands and agrees that HSS is not an insurer of the Subscriber’s property and that the charges provided for in this contract are unrelated to the value of the subscriber’s premises and the property on the premises. The Subscriber further understands and agrees that if loss, damage or injury to the premises or to any person or property on the premises should result from the improper installation or servicing or from the failure of the PERS or any of its options to operate properly irrespective of cause or origins, the liability, if any, of HSS shall be limited to Two Hundred Fifty ($250.00) Dollars as liquidated damages/ limitation of liability and not as a penalty and this liability shall be exclusive; and that the provisions of this section 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 from negligence, active or otherwise, its agents, assigns or employees. If subscriber wishes HSS to assume a limited liability in lieu of the liquidated damages as hereinabove set forth, Subscriber may obtain from HSS a limitation of liability by paying an additional monthly service charge to HSS. If subscriber elects to exercise this option, a rider shall be attached to this agreement setting forth the terms, conditions, and the amount of the limited liability, and the additional monthly charge. Such rider and additional obligation shall in no way be interpreted to hold HSS as an insurer.
8. THIRD PARTY INDEMNIFICATION: Subscriber agrees to and shall indemnify, defend and hold harmless HSS, its employees and agents for and against all claims, lawsuits and losses which claim and/or lawsuit is brought or sustained by parties or entities other than the parties to this agreement (herein referred to as third parties). This provision shall apply to all claims, lawsuits or damages caused by HSS’s negligent performance, whether active or passive and to all claims based upon defects in design, installation, maintenance, monitoring, operation or non-operation of the PERS, whether those claims be based upon negligence, active or passive, warranty, or strict or product liability on the part of HSS, it’s agents, servants or employees. The Subscriber agrees to pay any costs and charges related to unnecessary or false alarms (including charges assessed by any responder) caused by acts or omissions of the Subscriber, member of his/her family or persons residing with or visiting him/her.
9. HSS reserves the right to appoint an agent to perform its monitoring service obligations. Such agent shall be entitled to avail itself of any defense limiting liability, liquidated damages or the like which would be available to HSS with respect to any claim or cause of action whatsoever arising out of this agreement.
10. Subscriber agrees to test the System monthly by activating the personal transmitter. This and all other transactions with the monitoring center are electronically recorded.
11. GENERAL – This contract contains the entire agreement between the Subscriber and HSS with, respect to the PERS, and can be changed only by written document signed by the Subscriber and HSS. This contract cannot be transferred by the Subscriber to any other person without the prior written consent of HSS. SUBSCRIBER’S/PAYER’S RIGHT OF CANCELLATION: You may cancel this agreement at any time. Your notification of intent to cancel must be submitted in writing and all equipment returned to Home Support Services, LLC. NOTE: All telephone calls to Home Support Services, LLC’s Central Stations are electronically recorded for quality assurance.