Monitoring and Installation
- Equipment Purchase and Installation. The subscriber agrees to purchase an event-monitoring system (“System”), furnished and installed by Ritter Communications.
- Payment for System and Installation. The Subscriber agrees to pay to Ritter Communications the total purchase price for equipment, including installation. Failure to make payments as described herein may result in suspension or termination of the Service, including the monitoring service, and termination fees (see Paragraph 9).
- Limited Warranty – Repairs and Adjustments. Ritter Communications agrees to repair or replace at its option any part of the System which within ninety (90) days following installation is defective due to materials or workmanship. Thereafter, Subscriber shall be responsible for labor and material cost involved in any repair or replacement, unless Subscriber has contracted for Ritter Communications’ “Premium Maintenance Service.” If Subscriber so contracts, in exchange for a monthly fee, Ritter Communications will provide Labor and Parts to perform repair/replace services on the System. Such services will be performed only when Subscriber notifies Ritter Communications that services are needed. Subscriber acknowledges that such work shall be performed during normal business hours (Monday through Friday between the hours of eight (8) A.M. and five (5) P.M. excluding holidays.) Ritter Communications will perform no inspections or preventative maintenance, and Ritter Communications MAKES NO WARRANTY REGARDING ITS MAINTENANCE SERVICE AND SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTY OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. The parties’ relationship regarding maintenance services is governed by all other appropriate parts of this Agreement including, specifically, Paragraphs 13, 14, 17, and 18. Either party may cancel the maintenance service at any time. The Subscriber agrees to pay a fee for the maintenance service, (such fee may be modified by Ritter Communications upon advance notice to Subscriber).
- Monitoring. Subscriber’s System shall be monitored twenty-four hours a day, seven days a week by a third party monitoring company (“Monitor Company”) under contract to Ritter Communications. Subscriber acknowledges and understands that the monitoring is not done by Ritter Communications, or any state, county or municipal agency. If a signal is received from the equipment, Monitor Company shall seek to create two-way voice communications by telephone with the “Responders” as designated on the Subscriber’s response information form. Monitor Company’s monitoring of the System and Monitor Company’s reasonable attempts to contact Responders by telephone are Ritter Communications and the Monitor Company’s only obligations. Subscriber agrees to notify Ritter Communications of Subscriber’s disposition with regard to any signal within twenty-four hours. Ritter Communications reserves the right to increase or decrease the annual monitoring charge after the expiration of aforementioned contract term, and at the end of each contract year thereafter. Subscriber agrees to pay Ritter Communications an amount equal to the remaining payments due on the balance of aforementioned contract term if Subscriber discontinues service before contract expiration terms. Either Ritter Communications or Subscriber may terminate the monitoring services at the end of aforementioned contract term or at the end of each contract year thereafter by giving written notice to the other party at least sixty (60) days prior to end of contract term.
- “Limitation of Technology”. Subscriber understands and agrees that the service rendered under this Agreement relies on wireless or broadband (Internet) service with a cellular backup. Inherent in this System is a failure when the Subscriber’s wireless or broadband (Internet) has an interruption in service, including at the Subscriber’s premises. In this event, the System dependent on the communication service will likewise be interrupted. The backup cellular service will only be an effective means of monitoring when Subscriber has active cellular coverage available at Subscriber’s location. Subscriber understands and agrees that Provider does not control or guarantee any wireless or broadband (Internet) service. Subscriber also understands and agrees that broadband (Internet access) at Subscriber’s location may be wireless and is dependent on what is commonly called a wireless local area network. Anytime Subscriber’s wireless local area network is non-operational, the broadband (Internet) portion of the System will likewise be non-operational. This acknowledgment applies to ever term and condition of this Agreement as if repeated in each term and conditions 1-20.
- (a) No Warranty or Representation. Other than stated in Paragraph 3 above as to the limited equipment warranty to repair or replace, Ritter Communications does not represent or warrant that the System may not be compromised or circumvented or that the System will prevent any personal injury, loss of life, or property loss or damage, or that the System will in all cases provide the notification or monitoring which is intended regardless of the reason, including but not limited to a failure in the monitoring or failure to contact Responders, and the Subscriber has not relied upon any such representation or warranty. The Subscriber acknowledges that any affirmation of fact or promise made by Ritter Communications or its agents, servants, or employees, even if in writing shall not be deemed to create an express warranty unless included in this Agreement in writing. RITTER COMMUNICATIONS, ON BEHALF OF ITSELF AND ITS DIRECT AND INDIRECT SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RITTER COMMUNICATIONS AND ITS DIRECT AND INDIRECT SUPPLIERS MAKE NO REPRESENTATION THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE EQUIPMENT WILL ALWAYS FUNCTION AS INTENDED.
- (b) Additional Equipment Disclaimer. Subscriber acknowledges that Ritter Communications’ representative has presented the availability of additional equipment, systems and protections which are available from Ritter Communications and others for additional charges, but Subscriber has decided not to request or contract for such additional equipment, systems or protections.
- Medical and/or Related Expenses. In the event of an alarm, Subscriber does hereby authorize Monitor Company and/or Ritter Communications to seek to notify Responders and to obtain assistance. Subscriber shall be obligated for and agrees to pay any and all costs and expenses whatsoever incurred as a result of such notifications including, but not limited to any charges by Responders, including false alarm or equipment malfunctions charges imposed by Responders or state or local authorities pursuant to local ordinances.
- Ancillary Equipment and Charges. Ritter Communications is authorized to install or have installed an RJ-31X or other communications equipment used in the operation of this System. The Subscriber agrees to supply and pay any charge for twenty-four hour 110-volt circuit as required to power the System and the appropriate communications services or other equipment deemed necessary by Ritter Communications. Ritter Communications shall not be responsible for any cost for parts and/or labor associated with adapting the Subscriber’s communications system for use with the System.
- Payments and Failure to Make Payments. Monthly recurring charges are billed in advance and non-recurring charges are billed in arrears. All charges are due upon receipt of bill or by date specified on the billing statement for each period. Subscriber acknowledges that If payment is not received when due, the service, including the monitoring service, may be suspended or terminated. If Service is disconnected, Ritter Communications may impose a reconnect charge and/or security deposit, in addition to any outstanding balance, including late charge, before service is restored. If Subscriber’s check is returned for insufficient funds, Ritter Communications may impose a returned check service charge of up to $25.00. Subscriber acknowledges that if payments due are not made within thirty (30) days of the due date, and Ritter Communications uses the services of a collection agency and/or attorney to collect amounts due, Subscriber agrees to pay to Ritter Communications, in addition to other amounts due, all reasonable agency and attorney’s fees incurred, including without limitation, court costs.
- Testing and Protection of the System. It is solely the Subscriber’s responsibility to test the operation of the equipment used in the operation of this System. Monitoring test may normally be made with prior coordination with the system operators. The Subscriber agrees that no apparatus or device shall be attached or connected to the System and further agrees not to permit the System and equipment to be disturbed, removed or otherwise damaged. The Subscriber must notify Ritter Communications in the event that there is any problem or issue discovered in the operation of the equipment or System.
- Delays and Failures. Ritter Communications also assumes no liability for delays in equipment installation, interruption of services due to strikes, riots, floods, fires, acts of God, mechanical, or electrical or equipment failures, or any cause beyond the control of Ritter Communications or mistakes or delays caused by the Monitor Company. Ritter Communications may terminate this Agreement if it cannot maintain transmission privileges and shall not be liable for any damages or penalties as a result of such termination. Ritter Communications may also cancel this Agreement, without previous notice, in the event the Monitor Company it has contracted with is destroyed or damaged by a catastrophe and it is impracticable to continue or restore service.
- Term and Termination. The initial term of this Agreement (the “Initial Term”) shall be for a period of twenty-four (24) months beginning on the date the System is installed. Unless otherwise terminated pursuant to its terms, this Agreement shall automatically renew for consecutive additional sixty (60) day terms (each an “Additional Term”) with any Additional Term being terminated upon the giving of sixty (60) days prior written notice with the term ending at the end of the applicable month (e.g. sixty-day notification given April 12 then termination will be June 30). Subscriber acknowledges and agrees that this Agreement and the services hereunder are contingent on Subscriber also separately subscribing to Ritter Internet Service and that failure to subscribe to Ritter Internet Service shall constitute a breach of this Agreement. Ritter Communications reserves the right to increase or decrease the monthly charge upon thirty (30) days prior written notice during any Additional Term.
- Termination for Breach. In the event of a material breach by the Subscriber, including non-payment by Subscriber, or upon the expiration or termination of this Agreement, Subscriber consents and will allow Ritter Communications to enter any premises housing the System or any portion thereof for the purpose of removing all or part of the System belonging to Ritter Communications (e.g., router, all-in-one touch screen and security control panel, modem), and Subscriber agrees to pay Ritter Communications all accrued charges incurred prior to the date of termination, together with all sums to which Ritter Communications may be entitled by virtue of said breach. Removal of the equipment by Ritter Communications under this Section 12.A. shall not constitute a breach by Ritter Communications of this Agreement or a waiver of Ritter Communications’ right to damages.
- Termination for Subscriber’s Convenience. Subscriber may terminate this Agreement at any time; provided, however, that Subscriber shall pay Ritter Communications an amount equal to the remaining payment due during the Initial Term, including any amount due for additional equipment purchase, if Subscriber discontinues service before the end of the Initial Term (“Early Termination Fee”) (e.g., if Subscriber terminates in month 20, Subscriber will pay an amount equal to the amount that would have been owed for months 21-24; if Subscriber terminates after the Initial Term, then Subscriber is not liable for an Early Termination Fee). Subscriber consents and will allow Ritter Communications to enter any premises housing the System or any other portion thereof for the purpose of removing all or part of the System belonging to Ritter Communications (e.g., router, all-in-one touch screen and security control panel, modem). SUBSCRIBER ACKNOWLEDGES AND AGREES THAT THE AMOUNTS SET FORTH IN THIS SECTION 12.B. REPRESENT A REASONABLE ESTIMATION OF COMPANY’S ACTUAL DAMAGES RESULTING FROM SUBSCRIBER’S EARLY TERMINATION, REPRESENT DISCOUNTS GIVEN ON EQUIPTMENT COSTS AND ARE AN APPROPRIATE MEASURE OF LIQUIDATED DAMAGES AND DO NOT CONSTITUTE A PENALTY.
- Termination for Company’s Convenience. Ritter Communications may terminate this agreement without penalty or liability at any time upon notice to Subscriber and Subscriber shall not be subject to the Early Termination Fee set forth in Section 12.B. Subscriber consents and will allow Ritter Communications to enter any premises housing the System or any portion thereof for the purpose of removing all or part of the System belonging to Ritter Communications (e.g., router, all-in-one touch screen and security control panel, modem).
- Release from Liability and Waiver of Subrogation. Subscriber hereby waives, releases, discharges and agrees to hold Ritter Communications, its directors, officers, employees, agents and assignees harmless from any and all claims, liabilities, damages, losses, or expenses arising from or caused by any hazard including hazard covered by insurance whether said claim is made by Subscriber or by any other party claiming under or through Subscriber, including any insurer, by way of Subrogation or otherwise.
- Indemnification from Third Party Action. In the event that any person not a party to this Agreement, including Subscriber’s insurance company, shall make any claim or file any lawsuit against Ritter Communications, its officers, employees, agents or assignees (“Indemnities”) for any reason whatsoever, including, but not limited to the installation, maintenance, monitoring, operation or non-operation of the System, or failure to properly notify Responders, Subscriber agrees to indemnify, defend and hold the Indemnities harmless to the maximum extent allowed by law from any and all claims and lawsuits including the payment of all damages, expenses, costs and attorney’s fees whether these claims and lawsuits are based on alleged intentional conduct, active or passive negligence, or strict or product liability on the part of Ritter Communications, its officers, employees, agents or assignees.
- Binding Nature. THE PRINTED TERMS AND PROVISIONS OF THIS AGREEMENT ARE AN INTEGRAL PART OF THIS AGREEMENT AND ARE BINDING ON RITTER COMMUNICATIONS AND SUBSCRIBER. SUCH TERMS AND CONDITIONS SHOULD BE READ CAREFULLY.
- Forcible Entry. Subscriber acknowledges consent for “Responders”, including, but not limited to, fire, law enforcement and emergency medical personnel contacted by Monitor Company or Ritter Communications to enter the premises with force, if necessary. Subscriber does hereby release Ritter Communications from any and all liability whatsoever as a result of said forcible entry.
- Limitations of Companies Liability. It is understood that Ritter Communications is not an insurer of person, life, limb or property and that insurance covering personal injury, life and property loss shall be obtained by the Subscriber, if so desired. Ritter Communications is being paid for installing and providing a system designed to provide notice of the occurrence of certain events. Ritter Communications and the Subscriber acknowledge that the amounts being charged by Ritter Communications are not sufficient to guarantee in any way that no loss or damage will occur or that the System and monitoring services will always function as intended and that Ritter Communications is not assuming responsibility for any personal injury, loss of life, or property loss or damage which may occur even if due to Ritter Communications’ negligent performance or which may arise due to the faulty operation of the System, the failure of services, the failure to perform said services or the failure of the Monitor Company. Ritter Communications and Subscriber hereby agree that if, notwithstanding the above provisions, there should arise any liability whatsoever on the part of Ritter Communications, its directors, officers, employees, agents, or assignees, it is agreed that such liability shall be limited to Two-Hundred Fifty dollars ($250.00). This sum shall be complete and exclusive and shall be paid and received as an exclusive remedy and not as a penalty.
- (a) Third Party Equipment and Services – Limitations of Liability. At its sole discretion, Ritter Communications may assign, subcontract, purchase or otherwise arrange for alarm equipment, monitoring services or other services called for under this Agreement to be provided by a third party, including but not limited to monitoring services provided by Monitor Company. Subscriber agrees and acknowledges that such third party provider or providers of alarm equipment, monitoring services or other services are not insurers. Subscriber also agrees the provisions for RELEASE FROM LIABILITY AND WAIVER OF SUBROGATION, INDEMNIFICATION FROM THIRD PARTY ACTION and LIMITATION OF COMPANIES LIABILITY in Paragraphs 13, 14, 17 and 18 of this document shall apply for the benefit of such third parties, their directors, officers, employees, agents and assignees as fully as if they had been specifically named herein in place of “Ritter Communications” throughout. UNDER NO CIRCUMSTANCES WILL RITTER COMMUNICATIONS’ DIRECT OR INDIRECT SUPPLIERS HAVE ANY LIABILITY TO SUBSCRIBER.
- (b) Software Restrictions. Subscriber agrees that it will not (i) decompile or reverse engineer any software used in providing the service or take any other action to discover the source code or underlying ideas or algorithm of any components thereof; (ii) copy the Licensed Software; (iii) post, publish or create derivative works based on the Licensed Software; or (iv) remove any copyright notice, trade or service marks, brand names and the like from the Licensed Software, related documentation or packaging.
- Assignment. It is specifically agreed that the Subscriber shall not be permitted to assign this Agreement without prior written consent of Ritter Communications and any assignment without such consent shall be without effect and shall be deemed breach of this Agreement. Ritter Communications shall have the right to assign this Agreement to any other company engaged in business similar to that of Ritter Communications and upon such assignment shall be relieved of any obligation created herein.
- Full Agreement – Severability. This Agreement constitutes the full understanding by and between the parties hereto and may not be amended or modified except in writing and signed by both parties. If any provision or part of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect as if such invalid or unenforceable provision had never appeared herein.
System Maintenance Package* Includes:
Maintenance package covers labor and trip charges only, for all service work due to failure of the equipment which would include system checks and failure due to normal wear and tear. The provision of service under the service maintenance package applies only during normal business hours. The system maintenance package does not cover the cost of any replacement equipment or parts, other than those listed below. Subscriber agrees to pay for any replaced equipment or parts not listed below. The equipment and parts which are covered for replacement under this maintenance plan without additional charge, except as otherwise stated herein, are limited to:
- Lyric Controller
- Win/Door Sensors
- Motion or Glass Break Sensor
- Key FOBs (provided the original Key FOB is returned-does not cover lost Key Fobs)
- Lyric-3G Cell Comm
- Wireless Keypad
- Smoke Detector
If service of the equipment is due to:
- misuse, or
- is caused by customer (e.g. remodeling, movement of equipment), or
- Is caused by natural disaster
- the Subscriber agrees to pay Ritter’s then standard rates for a service call; and
- the Subscriber agrees to pay for any replaced equipment or parts, including but not limited to those otherwise covered by the Maintenance Package (i.e. 1-8 above).
*The System Maintenance Package may be terminated on thirty (30) days notice with the termination occurring at the end of the applicable month (e.g. termination notice given April 3, Maintenance is billed through and terminates May 31).