WIDE-WORLD-ONE
Monitoring Service Agreement
AGREEMENT
made as of the date indicated below hereof and between WIDE-WORLD-ONE
INC. (hereinafter called "Company") and the Subscriber
indicated above (hereinafter called "Subscriber").
Mail
To:
WIDE-WORLD-ONE
INC.
31992
Via La Plata, SJC, Ca. 92675
In
consideration of the mutual promises and covenants hereinafter
specified, and for other good and valuable consideration, the
parties hereto do, for themselves, their successors, and assigns
mutually agree as follows:
- The customer understands that the
Company is in the business of providing telephonic monitoring
services for customers who have electro-protective systems at
their places of business, homes, etc. The customer understands
that the Company must know and have on record basic information
about the customer's system. The customer also acknowledges that
he has completed the portion of this contract which calls for
that information, and the Company, in performing its obligations
under this contract, will rely on the information given by the
customer.
- Subscriber hereby represents that it has
contracted, or is about to contract, with installer for the
installation of a protective system at premises owned or
occupied by subscriber and in connection with such installation
has also requested monitoring service of said system. Installer
and Subscriber have entered into an agreement whereby the
Installer will provide monitoring services for the Subscriber
consisting of the following:
- Direct call response by experienced
operators to an emergency condition until proper Authorities
are notified:
- Direct call response until a station
designated by Subscriber is notified:
- Notification to the Installer that an
alarm condition has occurred, if requested:
- Such other services as may be agreed
upon by the parties;
- The parties agree that the Company's
sole obligation under this agreement shall be to monitor signals
received from the protective system located on Subscriber's
premises. The Company, upon receipt of a signal shall make every
reasonable effort to transmit notification of the alarm promptly
to the police, fire or other authorities and to the person or
persons whose names and telephone numbers are provided to the
Company by Subscriber, unless there is just cause to assume that
an emergency condition dews not exist.
- Subscriber shall carefully and properly
set the alarm system each night or at such other time as the
Subscriber shall close its premises. Subscriber shall carefully
and properly test the alarm system prior to each close period
and shall immediately report to the Company and the Installer
any claimed inadequacy or failure of the system.
- The customer acknowledges that the
elecrto-protective system is owned by him and all responsibility
for maintenance, repair, service, replacement or insurance of
the system are the responsibility of the customer and not of the
Company. The Company has no responsibility for the condition or
functioning of the system either..
- Customer understands that the signals
from the electro-protective which the Company will monitor are
transmitted over normal telephone lines to the Company. Customer
also understands that the Company cannot be responsible for any
monitoring during periods with either customer's or the
Company's telephone lanes are not working or under any condition
which would make it impossible to send a normal telephone call
from the customer's premises to the Company's place of business.
- The Company can also not be responsible
for losses or damages suffered by a customer caused by:
- Defects or deficiencies in the
electro-protective system owned by the customer.
- Delay in response time or failure to
respond by any person or authority notified by the Company
according to customer's instructions in this contract.
- This agreement shall continue for as
long as the Installer contracts with the Company for the
performance of monitoring services for Subscriber. In the event
that installer notifies the Company of its termination of
service for Subscriber for any reason, or in the event that the
Installer fails or refuses to make payment for services
furnished, or to be furnished, to the Subscriber, the Company
will give the Subscriber at least fifteen (15) days notice of
termination of such services to the Subscriber and, upon giving
such notice, this agreement and all the Company's
responsibilities hereunder shall come to an end as of the date
fixed in such notice. This agreement may also be suspended, at
the Company's option, should the protective equipment or the
premises of Subscriber become so substantially disabled or
damaged that further service is impracticable, or if the
rendering of such service is not possible by reason of strike,
riots, floods, fires, interruption of telephone communication
service, act of of God, or any other cause beyond the control of
the Company.
- IT IS UNDERSTOOD AND AGREED BY THE
PARTIES HERETO THAT COMPANY IS NOT AN INSURER AND THAT
INSURANCE, IF ANY, COVERING PERSONAL INJURY AND PROPERTY LOSS OR
DAMAGE ON ANY SUBSCRIBER'S PREMISES SHALL BE OBTAINED BY THE
SUBSCRIBER: THAT BYE COMPANY IS BEING PAID TO MONITOR A SYSTEM
DESIGNED TO REDUCE CERTAIN RISKS OF LOSS AND THAT THE AMOUNTS
BEING CHARGED BY THE COMPANY ARE NOT SUFFICIENT TO GUARANTY THAT
NO LOSS WILL OCCUR. THAT THE COMPANY IS NOT ASSUMING
RESPONSIBILITY FOR ANY LOSSES WHICH MAY OCCUR EVEN IF DUE TO
COMPANY'S NEGLIGENT PERFORMANCE OR FAILURE TO PERFORM ANY
OBLIGATION UNDER THIS AGREEMENT THE COMPANY HEREBY DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
THOSE OF MERCHANTABILITY OR FITNESS THAT THE SYSTEM INSTALLED BY
THE INSTALLER OR SERVICE SUPPLIED BY THE COMPANY MAY NOT BE
COMPROMISED OR THAT THE SERVICES WILL IN ALL CASES PROVIDE THE
PROTECTION FOR WHICH IT IS INTENDED.
SINCE IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX
ACTUAL DAMAGES WHICH MAY ARIES DUE TO THE FAILURE OF SERVICES
PROVIDED IF, NOTWITHSTANDING THE ABOVE PROVISIONS, THERE SHOULD
ARISE ANY LIABILITY ON THE PART OF THE COMPANY, SUCH LIABILITY
SHALL BE LIMITED TO $1,000. THIS SUM SHALL BE THE COMPLETE LIMIT
OF THE COMPANY'S LIABILITY AND SHALL NOT BE DEEMED AS A PENALTY.
IN THE EVENT THE SUBSCRIBER WISHES THE COMPANY TO ASSUME A
GREATER OR HIGHER LIMITATION OF LIABILITY, THE SUBSCRIBER MAY AS
A MATTER OF RIGHT, OBTAIN FROM THE COMPANY A HIGHER LIMIT BY
PAYING AN ADDITIONAL AMOUNT PROPORTIONED TO THE INCREASE IN
DAMAGES, BUT SUCH ADDITIONAL OBLIGATION SHALL IN NO WAY BE
INTERPRETED TO OLD THE COMPANY AS AN INSURER.
SUBSCRIBER AGREES TO AND SHALL INDEMNIFY AND SAVE HARMLESS THE
COMPANY, ITS EMPLOYEES AND AGENTS, FOR AND AGAINST ALL THIRD
PARTY CLAIMS, LAWSUITS, AND LOSSES ALLEGED TO BE CAUSED BY
COMPANY'S PERFORMANCE, NEGLIGENT PERFORMANCE, OR FAILURE TO
PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT.
- It is understood and agreed by and
between the parties hereto, that if there is and conflict
between this contract and Subscriber's purchase order or any
other document, this contract will govern.
- This agreement may not be assigned by
the Subscriber, except upon the written consent of the Company
first obtained.
- The parties specifically agree that any
notices required to be given under this agreement shall be made
in writing and sent to the address of each party indicated
herein, or such other address as from time to time may be known
by either party, that this agreement contains the entire
understanding between the parties and may only be altered or
modified by writing signed by the parties: that this agreement
shall not be assignable except upon the express written consent
of the Company: and that this agreement, in all respects, shall
be governed and construed solely under the laws of the State of
Ca. Dated: _____________2002
SUBSCRIBER:_____________________________________________
ADDRESS; ________________________________________________
CITY, STATE; ______________________________________________
ZIP: ______________________
PHONE NUMBER: ( )
__________________
WIDE-WORLD-ONE INC. BY: __________________________ DATED:
_______________________2002
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