Terms & Conditions (Required)
Tenant/Current Occupant Terms and Conditions
AGREEMENT BETWEEN TENANT(S)/CURRENT OCCUPANT(S) AND BSAFE LLC (“BSafe”). Tenant/Current Occupant is sometimes referred to herein as “user”, “subscriber”, “you”, or “your” and BSafe LLC is sometimes referred to herein as “we”, “us”, “our”, or “company”.
PLEASE READ THIS AGREEMENT CAREFULLY. YOU REPRESENT YOU ARE OF LEGAL AGE AND AGREE TO BE BOUND BY THE AGREEMENT. Your electronic acceptance on our web site constitutes acceptance of the Agreement. Your electronic acceptance of the Agreement shall have the same force and effect as if you had actually signed the Agreement.
By accepting this electronic Agreement, you hereby expressly acknowledge and agree that there are significant security, privacy and confidentiality risks inherent in accessing or transmitting information through the Internet, whether the connection is facilitated through wired or wireless technology. Security issues include, without limitation, interception of transmissions, loss of data, and the introduction of viruses or other programs that can corrupt or damage your computer. ACCORDINGLY, YOU AGREE THAT BSAFE IS NOT LIABLE FOR ANY INTERCEPTION OF TRANSMISSIONS, COMPUTER WORMS OR VIRUSES, LOSS OF DATA, FILE CORRUPTION, AND HACKING OR DAMAGE TO YOUR COMPUTER OR OTHERS THAT RESULTS FROM THE TRANSMISSION OF THE DATA VIA THE INTERNET.
BSafe may assign in whole or in part our rights or duties under the Agreement without prior notice to you and upon such assignment we shall be released from all liability hereunder. Subject to this restriction, the Agreement shall inure to the benefit of and be binding upon the heirs successors, subcontractors, and assigns of the respective parties. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and agree to all terms and conditions herein. You also warrant that all information supplied by you in is true and accurate.
DISCLAIMER/LIMITATION OF LIABILITY. SUBSCRIBER UNDERSTANDS AND AGREES: THAT NEITHER BSAFE LLC NOR ITS DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS OR EMPLOYEES (COLLECTIVELY, “REPRESENTATIVES”) IS AN INSURER; THAT YOU CURRENTLY HAVE AND SHALL ALWAYS MAINTAIN INSURANCE COVERING YOU, YOUR FAMILY AND OTHERS WHO MAY BE ON THE Premise FOR MEDICAL, DISABILITY, LIFE, AND PROPERTY; THAT RECOVERY FOR ALL SUCH LOSS, DAMAGE AND EXPENSE SHALL BE LIMITED TO ANY SUCH INSURANCE COVERAGE ONLY; AND THAT BSAFE LLC AND REPRESENTATIVES ARE RELEASED FROM ALL LIABILITY DUE TO ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE INCLUDING BUT NOT LIMITED TO GROSS NEGLIGENCE, THE IMPROPER OPERATION OR NON-OPERATION OF THE SYSTEM, BREACH OF CONTRACT, EXPRESS OR IMPLIED, BREACH OF WARRANTY, EXPRESS OR IMPLIED, OR BY LOSS OR DAMAGE TO OR MALFUNCTION OF FACILITIES NECESSARY TO OPERATE THE SYSTEM, TRANSMIT ANY SIGNAL OR OPERATE ANY MONITORING STATION; THAT SHOULD THERE ARISE ANY LIABILITY ON THE PART OF BSAFE LLC OR REPRESENTATIVES FOR ANY LOSS, DAMAGE OR EXPENSE DUE TO ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE INCLUDING BUT NOT LIMITED TO GROSS NEGLIGENCE WHICH OCCURS BEFORE OR AFTER THE SIGNING OF THIS AGREEMENT, PRODUCT OR STRICT LIABILITY, BREACH OF WARRANTY, EXPRESS OR IMPLIED, BREACH OF CONTRACT, EXPRESS OR IMPLIED, OR FOR SUBROGATION, CONTRIBUTION OR INDEMNIFICATION, SUCH LIABILITY SHALL BE LIMITED TO THE MAXIMUM SUM OF $1,000.00 COLLECTIVELY FOR BSAFE LLC AND REPRESENTATIVES. IN THE EVENT THAT YOU WISH TO INCREASE THE MAXIMUM AMOUNT OF SUCH LIMITED LIABILITY, YOU MAY, AS A MATTER OF RIGHT, OBTAIN A HIGHER LIMIT BY PAYING AN ADDITIONAL AMOUNT FOR THE INCREASE IN SUCH LIMIT OF LIABILITY, BUT THIS PAYMENT SHALL IN NO WAY BE INTERPRETED TO HOLD BSAFE LLC OR REPRESENTATIVES AS AN INSURER. UPON REQUEST THIS WILL BE ADDED AS AN ADDENDUM TO THIS AGREEMENT.
INDEMNIFICATION IF ANYONE OTHER THAN YOU, INCLUDING WITHOUT LIMITATION, YOUR INSURANCE COMPANY, ASKS BSAFE LLC OR REPRESENTATIVES TO PAY FOR ANY LOSS, DAMAGE OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ECONOMIC LOSSES, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) DUE TO (I) BREACH OF CONTRACT OR WARRANTY, EXPRESS OR IMPLIED, (II) ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE INCLUDING BUT NOT LIMITED TO GROSS NEGLIGENCE BY BSAFE LLC OR REPRESENTATIVES, (III) FAILURE OR MALFUNCTION OF THE SYSTEM OR THE MONITORING STATION FACILITIES, (IV) RECORDING OF COMMUNICATIONS OR VIDEO SURVEILLANCE/RECORDING, (V) PRODUCT OR STRICT LIABILITY , OR (VI) A CLAIM FOR SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, YOU AGREE TO PAY (WITHOUT ANY CONDITION THAT BSAFE LLC OR REPRESENTATIVES FIRST PAY) FOR ALL LOSSES, DAMAGES, COSTS AND EXPENSES INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, WHICH MAY BE ASSERTED AGAINST OR INCURRED BY BSAFE LLC OR REPRESENTATIVES.
Title. Title to the digital alarm communicator transmitter shall remain at all times in B Safe LLC.
Subscriber’s Duties and Responsibilities. It is the sole responsibility of the Subscriber to (i) confirm that your communication equipment (ie: telephone equipment) is compatible with the System, especially when there are changes to the communication equipment or services rendered to you by your communication vendor (ie: call waiting, answering machines, VOIP, etc., and (ii) test the System periodically, at least monthly and whenever changes are made to communication service for the Premise, and (iii) provide a 110 volt (non-GFI) electrical outlet in the vicinity of the control panel (using a GFI outlet may cause low power conditions as well as unnecessary service issues). Subscriber agrees that any claimed inadequacy or failure of the System shall be reported to BSafe LLC for repair service. The Subscriber understands that the signals from the System are transmitted over the Subscriber’s Analog telephone line service. If that service is out of order, off-hook, disconnected, changed, or otherwise interrupted or compromised, signals fro the System will not be received of known to BSafe LLC, and no action can therefore be taken. You acknowledge and agree that a second telephone line at the Premise is necessary to use the telephone while the System is attempting to communicate with the central monitoring station. The Subscriber further understands that switching to any digital, cable, internet or VoIP (Voice of IP Internet Phone) service such as Comcast, Skype, Vonage or other similar service, may leave the System compromised and unable to communicate signals to BSafe LLC. Subscriber agrees to notify BSafe LLC in writing before altering, changing, or discontinuing its Analog telephone line service or switching to any digital, cable, internet or VoIP service. Subscriber understands that additional equipment may be required to be installed at Subscriber’s costs to have the System operate correctly.
Activation of Monitoring. Subscriber understands that the monitoring of the alarm system will NOT begin immediately after the registration. Subscriber understands that in order for the monitoring to begin the communications need to be programmed and tested.
Transmission of Data or Voice via Traditional Telephone Line. You understand that for equipment which transmits signals via the telephone network there are various types of telephone line service, including direct wire, derived channel, multiplex, etc. and for equipment which transmits signals by radio that radio transmission of messages is probabilistic by its nature and that it can be affected by ground interference, atmospheric conditions, etc. You agree that the System is not infallible and you acknowledge that the System or the transmission of signals from the System by either radio or telephone may be interrupted; circumvented or compromised, g., cut telephone line. If contracted you understand that a two-way voice system enables BSafe LLC to “listen-in” to the Premise. If contracted you authorize and consent to BSafe LLC listening-in and release BSafe LLC and Representatives for all claims, losses, damages, costs and expenses due to BSafe LLC listening-in to the Premise.
Transmission of Data or Voice via Non-Traditional Communications. You acknowledge that if you have chosen a non-traditional form of communication, which includes but is not limited to VoIP, internet, broadband internet connection, or wireless technology, to allow your security panel to communicate with BSafe LLC's Central Station that these types of communication methods may rely on both household electric power, wireless networks and broadband internet service, all of which are subject to periodic interruption or outages. In instances where a BSafe LLC customer requests that these non-traditional communications methods be utilized as the means of communication between their security control panel and BSafe’s Central Station, BSafe recommends that a backup system be installed which includes backup electrical power and backup communication with BSafe’s Central Station in addition to the non-traditional communication method. These methods of communication are not recommended. Subscriber agrees to pay any additional fees necessary to connect the alarm system to non-traditional communication equipment.
Digital Alarm Communicator. You acknowledge that: the System is non-supervised; if the communication equipment is interrupted by natural or human causes including, without limitation, the cutting of the telephone line, there is no indication of this fact at the monitoring station unless telephone line cut security is included as part of the System; and, if the communication equipment is incompatible, inoperative or interrupted, no signal will be received at the monitoring station; secondary alternative transmission such as cellular, radio or other available technologies may be selected by you to be included in the System at additional cost.
Release of Insured Losses. You hereby release BSafe LLC and Representatives for all losses, damages and expenses covered by your insurance policies.
Waiver of Subrogation. You hereby waive any rights your insurance company may have to be reimbursed by BSafe LLC or Representatives for money paid to you or on your behalf.
Service. You acknowledge and agree that BSafe LLC and Representatives have no knowledge of existing hidden pipes, wires or other like objects within walls, floors, ceilings and other concealed spaces, and it is your obligation to advise BSafe LLC of such hidden objects, BSafe LLC and Representatives are released for any damages, losses or expenses for personal injury, including death, or to real or personal property.
Compatibility of Digital Alarm Communicator Transmitter (“Panel”). Subscriber understands and agrees that the Panel may be proprietary to BSafe LLC and that it may not be compatible with digital alarm communicator receiving equipment at other monitoring station companies.
Termination or Suspension of Service, Shut Down, Lock Out or Removal of system. You understand and agree that BSafe LLC may, in its sole and absolute discretion, terminate services after giving or attempting to give thirty (30) days written notice to Subscriber. BSafe LLC may, in its sole and absolute discretion, electronically lock out the digital communicator transmitter (“Panel”) permanently in order to limit access to the Panel to BSafe LLC. Should you default hereunder, or upon termination of monitoring services for any reason, or if the System becomes a “runaway” system, or the system excessively signals BSafe LLC’s monitoring station without apparent reason, you authorize and empower BSafe LLC to, without limitation, do any one or more of the following: remove the system from the Premise (if installation and sale price not fully paid), disconnect the system, shut-down the Panel and/or the system and/or render some or all of the equipment incapable of signaling locally or communicating with any monitoring station, and refuse to unlock the Panel. The exercise of such rights shall not be deemed a waiver of BSafe LLC’s right to damages, and BSafe LLC shall have the right to enforce all other remedies or rights.
Damages. If you fail or refuse to cooperate or if you prevent BSafe LLC from exercising its rights pursuant to the previous paragraph, you shall pay to BSafe LLC the sum of One ($1.00) Dollar for each individual signal from the Premise received by the monitoring station, as agreed upon damages and not as a penalty, plus all actual attorneys’ fees and court costs incurred by BSafe LLC as a party in any action arising out of or from or related to the previous paragraph or this paragraph.
No Obligation to Redecorate. BSafe LLC shall be in no way obligated to repair, restore, or redecorate the Premise in the event the System is removed from the Premise.
Third Party Charges. Unless BSafe LLC agrees otherwise in writing, you shall pay all charges made by any (i) telephone company for (a) labor and equipment necessary to connect the System to the telephone network, (b) telephone call charges to any governmental agency, or (c) transmission of signals or voice to the monitoring station, or (ii) municipality for receipt of communications from BSafe LLC or dispatch of police, fire or medical personnel to the Premise.
False Alarms. In the event the System is activated for any reason whatsoever, the Subscriber shall (a) pay without recourse, or (b) reimburse BSafe LLC for any fines, fees, costs, expenses and penalties assessed against Subscriber or BSafe LLC by any court or governmental agency. In addition, if, in our sole and absolute discretion, we receive excessive false alarms, we may, in our sole and absolute discretion, suspend or terminate Services or terminate this Agreement for breach. Deliberately activating the System to send a false alarm which results in the dispatch of the police, fire or other public or volunteer personnel may be a crime.
Default of Subscriber, Early Termination Fee. In the event you breach any term of this Agreement, BSafe LLC may immediately terminate its monitoring of the alarm system and shall be relieved of any and all further duty to perform its obligations hereunder. In addition, BSafe LLC shall be entitled to retain any and all prepayments in its possession, and you shall immediately pay to BSafe LLC as liquidated damages, and not as a penalty, the sum equal to (a) 100% of all lease payments which would be due for the unexpired term and (b) 75% of all other fees which would be due for the unexpired term. These remedies shall be in addition to any other remedies which BSafe LLC shall be afforded at law or in equity. In the event that BSafe LLC retains an attorney and/or files a lawsuit in an effort to recover any or all sums due and owing by Subscriber under this Section or any other Section of this Agreement, then Subscriber agrees to pay BSafe LLC’s reasonable collection costs, including attorneys’ fees and court costs.
Binding Agreement. This Agreement becomes binding upon receipt by BSafe LLC of the acceptance of the terms and conditions by the Subscriber/Tenant(s).
Applicable Law. This Agreement shall be governed by and construed according to the laws of Pennsylvania.
Assignability of Agreement. This Agreement or any portion thereof is assignable by BSafe LLC in its sole and absolute discretion.
Terms, Finance and Late Charges. Unless otherwise stated in this agreement, standard terms are net 20 days. A finance charge of one and one-half (1 ½ %) percent per month (eighteen (18%) percent annually) will apply to all obligations not paid pursuant to the terms contained herein. You shall also pay to BSafe LLC an administrative fee (late charge) of 5% of any payment due hereunder received by BSafe LLC after the date on which such payment is due as agreed upon damages and not as a penalty. Non-payment of the financial obligations as described in this Agreement will be considered a breach of this Agreement.
No Waiver of Breach. If BSafe LLC shall waive any breach of this Agreement by you, it shall not be construed as a waiver of any subsequent breach. BSafe LLC’s rights hereunder shall be cumulative, and any rights hereunder may be exercised concurrently or consecutively and shall include all remedies available even though not expressly referred to herein.
Monitoring Service. Monitoring service consists solely of the calling by telephone of governmental agencies or the telephone number supplied by Subscriber in writing (“Proper Authorities”) upon receipt of signals transmitted from the System which are codes identified in writing (hereinafter “Listed Codes”) or voice communication received from the Premise. No monitoring service shall be rendered for signals received which are not Listed Codes or for voice communication which does not request assistance. Notwithstanding anything contained in this Agreement to the contrary, (a) upon receipt of an identified signal and prior to contacting the Proper Authorities, Company may in its sole and absolute discretion and without any liability, contact or attempt to contact the Premise or one or more of the Second Call Verification Person(s) as frequently as Company deems appropriate to verify the necessity to report the receipt of an identified signal to the Proper Authorities, and (b) upon receipt of an electronic cancellation, abort/pass code or oral advice to disregard the receipt of the identified signal, Company may, in its sole discretion and without liability, refrain from contacting the Proper Authorities to advise the Proper Authorities of receipt of an electronic cancellation, abort code or oral advice to disregard the receipt of the identified signal. BSafe LLC’s efforts to notify Proper Authorities shall be satisfied by advice by telephone to any person answering the telephone at the telephone number(s) provided to BSafe LLC in writing or by leaving a message with a telephone answering service or any mechanical, electrical, electronic or other technology permitting the recordation of voice or data communications.
Enhanced Services. Subscriber understands that the equipment coverage and communication may be compromised and unable to transmit signals and/or notifications if relocated or if there is a modification to the environment. Subscriber understands that the service and wireless equipment use non-traditional, cellular radio frequency , and/or internet communications to communicate; if the service(s) including, but not limited to internet, cellular, VOIP, is offline or disconnected or a power issue exists or other equipment such as a router or computer is out of order, disconnected, changed, or otherwise interrupted or compromised, the equipment will not be able to communicate. If applicable, subscriber is responsible to provide the internet service connection, IT, HVAC, Electrical support from outside contractors for equipment used to interface with the alarm equipment. Subscriber understands that there are a myriad of conflicting technologies, software, firewalls, etc., that may conflict or interfere with the setup and use of Enhanced Services. Company is not responsible to provide on-going diagnostic IT support for non-alarm equipment.
Repair/Extended Warranty Services. Request for repairs or service must be made by the landlord or building owner. If a tenant(s) requests service without authorization, the tenant(s) is then responsible to pay BSafe LLC on a time and material basis in accordance to our terms as stated in item #20. (a) Repair service consists of providing all necessary labor, material, parts and equipment to service the System due to ordinary wear and tear only, excluding battery replacement wireless or otherwise and foil tape, equipment replacement due to the expiration of the manufacturer’s designated life expectancy or any item or component of your system considered to be consumable. All other service shall be paid by Subscriber on a time and material basis at BSafe LLC’s prevailing charges. (b) Per call repair service consists of providing all necessary labor, material, parts and equipment to service the System; you agree to pay BSafe LLC on a time and material basis at BSafe LLC’s then prevailing charges. (c) You agree that all repair and per call repair services to the System shall be performed by BSafe LLC only, but BSafe LLC’s duty to service the System is subject to the availability of the original part or equipment from the original manufacturer, and to the terms of this Agreement and conditioned upon your notifying BSafe LLC of the necessity for such service. You agree to pay BSafe LLC’s minimum service call charge in the event you do not provide unrestricted access when BSafe LLC attempts to provide service at the Premise. (d) Subscriber agrees that Company shall have the right at its sole option, to terminate any lease, repair and/or monitoring contract(s) with Subscriber if any repair, replacement or installation of goods or equipment are performed by other than Company and this shall be a default by the subscriber under this agreement.
Delays in Service. BSafe LLC makes no promise that there will be no interruptions of service or delay in performing service. BSafe LLC’s sole obligation after receiving a service request from you is to dispatch a service employee to the Premise within a reasonable time after a service employee becomes available, during normal business hours excluding Saturdays, Sundays and holidays.
Takeover Systems. If the System is a takeover, in whole or in part, BSafe LLC reserves the right, in its sole and absolute discretion, to terminate this Agreement at any time by ten (10) days written notice to you in the event BSafe LLC determines, in its sole and absolute discretion, that there have been excessive activations of the System, that the System has been abused or that the number of problems or cost of service has been or may become excessive, and you shall be entitled to reimbursement of the unearned charge paid for the then current period on your request and this shall be the limit of BSafe LLC’s liability.
Remote Programming Services. Remote programming services consists of inputting, modifying, deleting and using electronic data concerning operation of the System through electronic communication between the System and BSafe LLC’s office or monitoring station. You hereby consent to BSafe LLC’s performance of all such services pursuant to BSafe LLC’s prevailing charges, if any, for such service, which you agree to pay to BSafe LLC.
Suspension of Service. You agree that BSafe LLC’s obligations hereunder are waived automatically without notice and you release BSafe LLC for all loss, damage and expense in case the monitoring station, telephone network, equipment, or facilities necessary to operate the System or monitoring station are destroyed, damaged, inoperable or malfunction for any reason whatsoever, for the duration of such interruption of service, and you shall be entitled to reimbursement of the unearned charge paid for the period of interruption on your request and this shall be the limit of BSafe LLC’s liability.
Duty Concerning Property of Others. You agree that BSafe LLC has no responsibility for the condition or operation of any equipment, device, or property of any sort of Subscriber, the telephone company or others (“Property”). If BSafe LLC provides service to Property, you agree that all relevant terms and conditions of this Agreement shall apply to all such service and you shall pay for such service on a time and material basis at BSafe LLC’s then prevailing charges.
Contractual Limitation of Actions. All claims, actions or proceedings against BSafe LLC or Representatives must be commenced in court within one (1) year after the cause of action has accrued, without judicial extension of time, or said claim, action or proceeding is barred. The time period in this paragraph must be strictly complied with.
Integrated Agreement. This instrument contains the entire agreement between the parties hereto with respect to the transactions described herein and supersedes all prior or current negotiations, commitments, contracts, express or implied, warranties, express or implied, statements and representations, whether written or oral, pertaining thereto, all of which shall be deemed merged into this Agreement.
NEITHER PARTY HAS AUTHORITY TO MAKE OR CLAIM ANY REPRESENTATION, TERM, PROMISE, CONDITION, STATEMENT, WARRANTY, OR INDUCEMENT (COLLECTIVELY, “INDUCEMENT”) WHICH IS NOT EXPRESSED HEREIN. EACH PARTY REPRESENTS THAT IT/HE/SHE IS NOT RELYING ON ANY INDUCEMENT IN ACCEPTING THIS AGREEMENT WHICH IS NOT EXPRESSED IN THIS AGREEMENT.
Valid Agreement. Should any provision hereof (or portion thereof), or its application to any circumstances, be held illegal, invalid or unenforceable to any extent, the validity and enforceability of the remainder of the provision and this Agreement, or of such provisions as applied to any other circumstances, shall not be affected thereby, and shall remain in full force and effect as valid, binding and continuing.
Equipment or Services. Any equipment or services the Company provides to the Subscriber under this Agreement, in the future, and whether or not described in this Agreement or any subsequent or other agreement, are subject to the terms of this Agreement, including without limitation, the Disclaimer/Limitation of Liability and Indemnification in paragraphs 1 and 2 of this Agreement.
Right to Subcontract. BSafe LLC may, in its sole and absolute discretion, subcontract for the provision of services under this Agreement. You acknowledge and agree that the provisions of this Agreement inure to the benefit of and are applicable to any subcontractors engaged by BSafe LLC to provide any service set forth herein to you, and bind you to said subcontractor(s) with the same force and effect as they bind you to BSafe LLC.
Authorization to Record Communications. You acknowledge and agree that BSafe LLC may record video, wire and oral transmissions or communications and hereby consent and authorize BSafe LLC to so record all such transmissions or communications between you, your agents, servants, employees or representatives and BSafe LLC.
JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. EACH PARTY HEREBY IRREVOCABLY AGREES THAT ANY SUIT, ACTION OR OTHER LEGAL PROCEEDING (“SUIT”) ARISING OUT OF OR FROM, IN CONNECTION WITH OR AS A RESULT OF THIS AGREEMENT, SHALL BE BROUGHT EXCLUSIVELY IN THE STATE COURTS OF RECORD OR THE COURTS OF THE UNITED STATES LOCATED IN MONTGOMERY. EACH PARTY CONSENTS TO THE EXCLUSIVE JURISDICTION AND VENUE OF EACH SUCH COURT IN ANY SUCH SUIT AND WAIVES ANY OBJECTION THAT IT MAY HAVE TO JURISDICTION OR VENUE OF ANY SUCH SUIT. EACH PARTY CONSENT TO SERVICE OR PROCESS IN ACCORDANCE WITH THE NOTICE PROVISIONS OF THIS AGREEMENT. EACH PARTY HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY SUIT, ACTION OR OTHER LEGAL Yes, I read the terms