Loading...
HomeMy WebLinkAboutVogt Technology, Inc. 2019-03-04 (also under Deep Valley Security)Department of Consumer Affairs, Sacramento, CA 95814 License No.: AC03195 COUNo. VOGT TECHNOLOGY, INC., doing business as DEEP VALLEY SECURITY 960 N. State Street, Ukiah, CA 95482 (707) 462.5200 CENTRAL OFFICE MONITORING CONTRACT This agreement is made this 4Th day of MARCH 2019, by and between VOGT TECHNOLOGY, INC., doing business as, DEEP VALLEY SECURITY (hereinafter referred to as 'DVS', 'Contractor, or 'Alarm Company') and UKIAH MENS SOFTBALL FIELD (hereinafter referred to as the 'Subscriber. or "Buyer). Location of premises where communication software & security equipment Is installed: 100 CITY WELL RD UKIAH, CA 95482 Phone Number, WHEREAS, Subscriber owns or leases an electronic security system & desires central office monitoring service, the parties agree as follows: 1. CENTRAL OFFICE MONITORING SERVICE: Upon receipt of a signal from the communication software, DVS or its designee communication center shall make every reasonable effort to notify Subscriber & the appropriate municipal police or fire department Subscriber aciinowledges that signals transmitted from Subscribers premises directly to municipal police or fire departments are not monitored by personnel of DVS or DVS's designee communication center & DVS doe: not assume any responsibility for the mariner in which such signals are monitored or the response, if any, 10 such signals. Subsaiber acknowledges that slgnats which are transmitted over telephone lines, wire, air waves or other modes of communication pass through communication networks vfiolly beyond the control of DVS 8 are not maintained by DVS 6, therefore, DVS shall not be responsible for any failure which prevents transmission signals from reaching the central office monitoring center or damages arising there from. Subscriber agrees to furnish DVS with a written fist of names & telephone numbers of those persons Subscriber wishes to receive notification of alarm signals. All changes 6 revisions shall be supplied to DVS In writing. Subscriber authorizes DVS to access the control pane to Input or delete data & programming. If the equipment contains Listening devices permitting central office to monitor sound then upon receipt of an alarm signal central office shall monitor sound for so long as central office in its sole discretion deems appropriate to confirm an alarm condition. 1f Subscriber requests DVS to remotely activate or deactivate the system, change combinations. openings or dosings, or re -program system functions, Subscriber shall pay DVS $50.00 for each such service. DVS may, without prior notice, suspend or terminate Its services, in central station's sole discretion, in event of Subscribers default in performance of this agreement or In event central station facility or communication network is nonoperational or subscriber's alarm system is sending excessive false alarms. Central station is authorized to record & maintain audio & video transmissions, data & communications, and shall be the exclusive owner of such property. 2. DESCRIPTION OF SERVICE & EQUIPMENT VALUE: Initial service provided: X Monitoring _Service X Radio or Cellular Communication High Speed Internet Monitoring Approximate date of installation TBD Estimated date for completion: TBD Failure to substantially commence work within 20 days from the approximate dale specified in this agreement is a violation of the law. 3. INSTALLATION, RENTAL, & SERVICE CHARGES: Subscriber agrees to pay DVS: The sum of 532.95 , per month, payable MONTH in advance for monitoring and/or servicing of the communication software for the tens of _1_ years commenting on the first day of the month next succeeding the date hereof, and continuing monthly thereafter, all payments being due on the first of the month. Please note, service Included accounts may still be subject to a travel fee ranging from 525.00 to $50.00 on service calls. WAIVER OF WARRANTIES THERE ARE NO WARRANTIES WHICH EXTEND BEYOUND THE DESCRIPTION ON THE FACE HEREOF. DVS HAS MADE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, AND HEREBY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND/OR ANY WARRANTY OF FITNESS FOR ANY PARTICULAR USE OR PURPOSE. DVS DOES NOT REPRESENT OR WARRANT THAT THE ELECTRONIC SECURITY SYSTEM WILL PREVENT ANY LOSS, DAMAGE OR INJURY TO ANY PERSON AND/OR ANY PROPERTY. DVS DOES NOT REPRESENT OR WARRANT THAT THE ELECTRONIC SECURITY SYSTEM WILL PROVIDE THE PROTECTION FOR WHICH IT IS INSTALLED OR INTENDED. BUYER ACKNOWLEDGES THAT DVS IS NOT AN INSURER; AND, IT 1S. BUYER'S SOLE AND EXCLUSIVE RESPONSIBILITY AND OBLIGATION TO OBTAIN AND MAINTAIN PROPER INSURANCE COVERAGE FOR ALL RISKS OF LOSS OR DAMAGES TO THE PREMISES, ITS CONTENTS, AND ANY PERSON(S) LOCATED THEREIN OR THEREON. BUYER ASSUMES ALL RISK FOR LOSS OR DAMAGE TO BUYER'S PREMISES, ANY PROPERTY LOCATED THEREIN OR THEREON, AND/OR ANY PERSON LOCATED THEREIN OR THEREON. BUYER ACKNOWLEDGES THAT ANY AFFIRMATION OF FACT OR PROMISE MADE BY ANY REPRESENTATIVE OF DVS SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY UNLESS SAID AFFIRMATION OF FACT OR PROMISE IS EXPRESSLY SET FORTH IN WRITING IN THIS AGREEMENT. BUYER IS NOT RELYING ON DVS'S SKILL OR JUDGMENT IN SELECTING OR FURNISHING A SYSTEM SUITABLE FOR ANY PARTICULAR USE OR PURPOSE. BUYER ACKNOWLEDGES THAT DVS HAS OFFERED ADDITIONAL AND MORE SOPHISTICATED EQUIPMENT FOR AN ADDITIONAL CHARGE WHICH BUYER HAS DECLINED. DVS SHALL NOT BE LIABLE FOR CONSEQUENTIAL DAMAGES SUSTAINED OR SUFFERED BY BUYER OR ANY OTHER PERSON THAT ARE ALLEGED TO HAVE BEEN CAUSED BY A BREACH OF THIS AGREEMENT BY DVS OR OTHERWISE ARISING OUT OF THIS AGREEMENT. BUYER'S EXCLUSIVE REMEDY FOR DVS'S BREACH OF THIS CONTRACT OR NEGLIGENCE TO ANY DEGREE UNDER OR ARISING OUT OF THIS CONTRACT IS TO REQUIRE DVS TO REPAIR OR REPLACE, AT DVS'S OPTION, ANY EQUIPMENT WHICH IS NON -OPERATIONAL. SEE ADDITIONAL PAGES OF THIS CONTRACT FOR ADDITIONAL TERMS AND CONDITIONS OF THIS SALE WHICH ARE PART OF THIS CONTRACT. READ THEM BEFORE YOU SIGN THIS CONTRACT. BUYER ACKNOWLEDGES RECEIVING A FULLY EXECUTED COPY OF THIS CONTRACT AT TIME OF EXECUTION. Vogt Technology, Inc , d.b.a. Dem Valley Security: By: 03/04/19 Date Su er Agrees to have its credit card automatically charged for all charges under this contract. Credit Card #: Security Code: Expiration Date: Mastercard Visa American Express Cardholders Name (As 11 appears on credit card): Billing Address: (for residential customers only) NOTICE OF CANCELLATION YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACH D NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT. Subscn s SK�f(u Print Fula -me -3 rX Jr i Date Address Tax ID SS# or EIN Type & jurisdiction of organization & ID, if any The undersigned personally guarantees subscribers performance of this agreement Signature (Name must be printed below) Social Security Number Name and Address rnuc c Lor c 4. COMMUNICATION SOFTWARE REMAINS PERSONAL PROPERTY OF DVS: The communication software and equipment, together with lawn signs & decals, steal remain the sole personal property of DVS and shall not be considered a fidue or a part of the realty. Subscriber shall not permit the attachment thereto of any apparatus furnished by DVS. t the communication equipment a pan of the instrument panel then the chip or softwae programmed b Transmit a signal shall be leased, remain DVSs property, and all reference In this agreement to communication software shall be deemed to be the chip and/or software. Passcode to CPU software remains property of DVS. Provided Subscriber performs this agreement for the fug tens thereof, upon lemdnation DVS shall at Its option provide to Subscriber the paascvde lo the CPU software or drape the passwde to the manufacturer's default code. 5. TERM OF AGREEMENT: RENEWAL INCREASE: The lens of this agreement shall be for a period of one (3) years & shat autwnatcally renew lor month to month periods. the first of such (weevil periods to continence upon date of the expiration of the orlghal Agreement unless either party shag ratty the other, In wring. not less than tarty days prior to the esplra0on of the original Agreement or the expiration d any renewal periods, of the desire o terminate Ihls Agreement DVS shalt be permitted, from time to time to Increase the nontodng charge by an amount rho to exceed rine percent each year 8 Lessee agrees to pay such Increase as invoked. 6. CARE OF EQUIPMENT: Subscnber agrees not to tamper with, remove or otherwise Interfere with the communication software wtich shag remain In the same kaabon as hetailed & Subscriber agrees to bear the cost of repairs or replacement made necessary as a resuit of any panting, g, dteration, remodeling or damage, i dulling damage caused by unauthorized Intrusion to the premises, lightning or electrical surge. except for ordinary wear & tear during the warranty period. In ankh event repair or repiacemem shat be made by DVS without additional charge. T. ALTERATION OF PREMISES FOR INSTALLATION: DVS Ls authorized 10 make preparations such in Ming holes, driving nails. making attachments or doing any Other thing necessary In DVS's sole discretion ler Nov Irataeatfon and service of the equipment. and DVS steal not be responsible for any condition created thereby as ■ result of such installation, service, or removal of the equipment and Buyer represents that the owner of the premises, If otter than Buyer, autanzes to nsta8alon of the equipment under the terms of this agreement 8. BUYER'S DUTY TO SUPPLY ELECTRIC AND TELEPHONE SERVICE: Buyer agrees b flm lair, at Buyer's expense, all 110 Volt AC power and electrical cutlets and receptacles, telephone hook-, s, R.131 x Block or equivalent Internet connection, high speed broadband cable or DSL and IP Address, as deemed necessary by DVS. 9. TESTING AND SERVICE OF COMMUNICATION SOFTWARE: The parties hereto agree that the securely equipment once Installed, is In the exclusive possession and control of the Subscriber, and it b Subscriber's sole responsblty to test the operation of the security equipment and to nody DVS N any equipment is In need of repair. DVS shal not be required to service the security equipment If subscriber is In default and unless It has received notice from Subscriber. and upon such notice, DVS shall service the sear y equipment to the best of hs ability within 36 hours, exclusive d Saturday, Sunday and legal holidays, during the business hours of 9 a.m. and 5 p.m. Subscriber agrees to lest and Inspect to seamy equipment and to advise DVS of any defect, error or mission in the security equipment. In the event Subscriber conpfea with the terms of this agreement and DVS fags to repair the security equipment within 36 hours after notice is given excluding Saturdays, Sundays, and legal hd'days. Subscriber agrees to send notice that the security equipment b In need of repair to DVS, In writing, by certified w registered mail, return receipt requested, and Subscriber shoe not be responsible for payments due while le ready equipment remains Inoperable. In any lawsuit between the partes in Mach the condition re operation of the security equipment bin Issue, the Subscriber shaN be precluded from raising the Issue that the security equipment was not operating unless the Subscriber can produce a post office certified or registered receipt signed by DVS. evidencing that service was requested by Subscriber 10. DELAY IN INSTALLATION: DVS shall not be liable for any damage or loss sustained by Subscriber as a result of decay In Installation of equipment, equipment failure, or ler interruption of service due to electric failure, strikes, walkout, war, acts of God, or oder causes. irckakg DVS's negkgence or failure to perform any obligation. The estimated date work Is to be substantially competed is not a definite completion date and time is not of the essence. 11. FALSE ALARMS/PERMIT FEES: Buyer b responsible for all alarm permits and permit fees, agrees to Ne for and maintain any perrdts required by applicable law and AHJ and indemnify or reimburse DVS for any fines relating to permits, code compliance or false alarms. DVS shal have no Nobly for permit fees, false alarms, false alarm fines, polka or fire response, any damage to personal or real property or personal Injury caused by poise or Ore department response to alamh, whether false alarm or otherwise, or ger refusal of the polka or fire department to respond. In to event of termination of police or fire response by the mutdpel pace or fire department this contract Wel nevertheless remain In til lace and Buyer sial remain Rabb for all payments provided Iso herein. Should DVS be required by existing or hereinafter eructed Law or AHJ to pertain any service or furnish any material not stela-Meetly covered by the tern of this agreement Buyer agrees to pay DVS In advance for such service or material. 12. INDEMNITY/WAIVER OF SUBROGATION RIGHTS/ASSIGNMENTS: Subscriber agrees to and shall Indemnify and had harmless, Vogl Technologies and Comm nkationa, Inc, d.b.a. DVS, its officers, directors, shareholders, agents, employees, and subcontractors from and against al claims made against them for damages ander bases, Including Nage brought by third partes or Subscriber, which shah Include all reasonable attorney lees, costs, and expenses associated with delendrg any such dans for damages and/or losses asserted against and alleged to be caused by DVS's performance, regi germ perfomence, or failure to perform any obegaton arising out of this contract and, said Indermiltcation of Vogl Tecleoogles and Communications, Inc., d.b.a. DVS, its officers, directors, sheretolders, agents, employees. and subcontractors shall Include the payment by Subscriber of any and al damages or losses by way of settlement judgment, or otherwise that arise out of any assertions against and alleged b be caused by DVSs performance, negligent performance, or failure to perform any Megaton arising oto or this contract Subscriber on NSRherMs behalf and on behaff of his/herflts Insurance carrier wolves any right of subrogation that Subscriber's insurance canter may otherwise have against Vogl Technologies and Canmuricaliws, Inc., d.ba. DVS, its officers, directors, shareholders, agent, employees, and subcontractors artsfng out of Ihls agreement or the relation of the parties hereto. The parties hereto agree that there we no third party beneficiaries of Ills contract Subscriber shag not be permitted to assign this agreement without written consent of DVS. DVS slag have the right to assign this contract and shag be relieved of any obbgatons sealed herein upon such assignment. 13. EQUIPMENT IS NOT A FIXTURE: DVS and Buyer agree that the equipment, once Instated, does not become the personal properly of the Buyer, that the equipment a not permanently attached to the realty and shall not be deemed Wires. 14. INSURANCE: Buyer agrees that DVS b not an Insurer and no insurance coverage is offered herein. The equipment is designed to reduce certain rinks of loss, though DVS does no guarantee that no loss will occur. DVS Is not assuming liability, and, therefore shall not be liable to Buyer tor any lexis. personal Injury or property damage sustained by Buyer as a result of fire, smoke or water, equipment failure, or any other cause. eastsoever, regardless of whether or not such kms or damage was caused by or contributed to by DVS'S negligent performance, falune o perform any obligation or strict products lability. Buyer releases DVS from any deans for contribution, itderwdty or subrogation. The Buyer shall maintain paides of lability, properly damage, and Ore Insurance under which DVS and the Buyer are named as Insured, and under watch the Insurer agrees to Indemnify and hold DVS harmless from and against al costs, expenses including attorneys' fees and IabtUy arising out of or based upon any and al daims, khaurles arta damages arising out of this agreement Including, but not Irttled te, those claims, injuries and damages contributed to by DVS's negligent performance to any degree or its failure to perform any obligation. The minimum brit of Ilabihty of such insurance shall be one million dollars for any Injury or death, and property damage In an amount necessary to Indemnify Buyer for property on to premises. DVS shal not be responsible for any porton of any loss or damage which Is recovered or recoverable by the Buyer from Insurance covering such loss or damage or for such lessor damage against which the Buyer Is Indennited a Insured. 15. LIMITATION OF LIABILITY: Buyer agrees that should there arise any liability on the part of DVS as a result of DVS'S negligent per/anrance o any degree, failure to perform any of DVS'S obligators. equipment failure or strict products liability, that DVS'S fablity shall be limited to the sum of 5250.00 or 5% of the sales price, whichever b greater. N Buyer wishes to Increase DVS'S maximum amount of DVS'S Imitation of lability, Buyer may, as a matter of right at any lime, by entering Into a supplemental contract obtain a higher limit by paying an annual payrneil consonant with DVS'S Increased babNhy. This shal not be construed as Insurance coverage. 16. LEGAL ACTION: In the event DVS Institutes legal action to recover any amounts owed by Buyer to DVS hereunder, the parties agree that the amount to be recovered, and any h,dgment to be entered, shad Include interest at the rale of one and one-half percent (1 12%) per month from to date payment is due. Should DVS Insbtule an action or proceeding to recover arr0lats due hem Buyer under this Contract the pevalOng party shag be entitled to recover reasonable attorneys fees and costs associated therewith. The pants waive trial by hay In any anion between them. In any action crererenced by DVS against Buyer, Buyer shall rot be pertrdmed to Interpose any counterclaim. Any action by Buyer against DVS must be commenced within one year of the accrual of the cause of action or U shall be baited. At actions or proceedings against DVS must be based on the provisions of this agreement. Any other action that Buyer may have or bring against DVS In respect to other servicers rendered In coraecton with this agreement shal be deemed to have merged in and be restricted to the terms and =aeons of this agreement Buyer submits to the Jurisdiction of California and agrees that any litigation between the parties must be rnrrnnerced and maintained exclusively In the State d California and In the County o1 Mendocino. 17. DVS'S RIGHT TO SUBCONTRACT SPECIAL SERVICES: Buyer agrees That DVS Is authorized and permitted b subcontract any services to be provided by DVS to third panties who may be Independent of DVS, end that DVS shall not be (table for any loss or damage sustained by Buyer by reason d fire, theft burglary or any other cause whatsoever caused by the negligence of third partes and that Buyer appoints DVS to act as Buyer's agent Mich respect to such third parties, except ghat DVS shag not obligate Buyer to make any payments to such third parties. DVS shall be permieed to assign its contract and upon such assignment shag have no further obligation !weirder. Buyer acknowledges that this agreement and particularly those paragraphs relating o DVS's disclaimer of warranties, exemption from liability, even lex its negligence, imitation of liablkty and Indemnification Inure to the benefit of and are applicable to any assignee, subcontractors and communication canters a DVS. 16. NON•SOUC RAT10N. Buyer agrees that it will not solicit for empbymenl for Itself. or any Mer entity, or employ, In any capacity any employee Of DVS assigned by DVS b perform any service for or on behalf of Buyer for a period of two years after DVS has completed providing service to Buyer. In the event of Buyer's violation of tis provision, in notation to Irrjwctive reie1, DVS shall recover from Buyer an amount equal to such employee's salary based upon the average three months preceding employee's temdnalbn of employment vett DVS. limes twelve, together with DVS's counsel and expert witness fees. 19. SECURITY INTEREST/COLLATERAL: To secure Buyer's obligations under this agreement Buyer grants DVS a security interest in the equipment installed by DVS and DVS Ls au hortzed to file a financing statement 20. FULL AGREEMENT/SEVERABILITY: This agreement (together with al exhibits. documents. and/or Instruments attached hereto) constitutes to full and complete agreement and understandng between the parties hereto and shal supersede and control any and a1 prior written and/or oral reprnxntatan, understandings, and/or agreements concerning the sub)ect matter of this agreement. This agreement may not be amended, mortified. or cancelled unless done son writing. except that In the event DVS issues a UL certificate o Buyer, DVS will comply with Underwriters Laboratory Inc. or any local taw requirements regarding Items of protection provided for in this agreement This contract shal be governed by the lawn of the State of California. My amendment or modification of this agreement mat be signed by both partes hereto. Any cancellation of this agreement rust be signed by the party cancelling to agreement_ Should any provision of this agreement be deemed vac or ueniaceabie, all other provisions will remain In full force and effect. 21. DELINQUENCY; RECONNECT CHARGES; INTEREST: In the event any payment due hereunder is more than len (10) days delinquent Company may Impose and oiled a delinquency charge of 0.83% per month (1044 per annum) of the amount of the debnquency. If the alarm system b deactwaled because of Subscriber's past due balance, and a Subscriber desires to have system reactivated, Subscriber agrees to pay In advance to Company a reconnect large to be fixed by Company Ina reasonable amount 22. CHANGE IN OWNERSHIP OF SUBSCRIBER'S PREMISES: Subscriber admow/edges that die sale or reefer of Subscribers premises shall not relieve Subscriber of his duties and obligations under this agreement. Subscriber may not assign or permit anyone o take subject to the Agreement without the Witten consent of Company.