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HomeMy WebLinkAboutDeep Valley Security 2019-03-04 (also under Vogt)Department or Consumer Affairs, Sacramento, CA 95814 License No.: AC03195 COU No. l �; � � IIS 3 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 4TM 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 95492 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 ponce or fire department Subscriber acknowledges that signals transmitted from Subscriber's 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 manner In which such signals are monitored or the response, if any, lo such signals. Subscriber acknowledges that signets which are transmitted over telephone lines, wire, air waves or other modes of communication pass through communication networks wholly beyond the control of DVS & are not maintained by DVS 8, therefore, DVS shall not be responsible for any (allure 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 & 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 alami signsr central office shall monitor sound for so long as central office fn its sole discretion deems appropriate In confirm an slam, condition. If 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 Subscriber's 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 A 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 substanUaly 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 $32,95 per month, payable MONTH In advance for monitoring andlor servicing of the communication software for the term of 1years commencing 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 $25.00 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 15 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 ADDRIONAL 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. NOTICE OF CANCELLATION Vogt Technology, Inc., YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT d.b.a. D Vatiey Security: OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACF D NOTI , OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT. By: [.�03/04/19 Date Su er Agrees to have Its credit card automatically charged for all charges under this contract Credlt Card #: Security Code' Expiration Date: Mastercard Visa American Express Cardholder's Name (As It appears on credit card): Billing Address: (for residential customers only) Subs / ✓ 6 Print Fule Date S� '(c( Address Tax ID SS# or EIN Type 8 jurisdldbn of organization & ID, U any The undersigned personally guarantees subscriber's performance of this agreement Signature (Name must be printed below) Social Security Number Name and Address rnLlc L Vf c 4. COMMUNICATION SOFTWARE REMAINS PERSONAL PROPERTY OF DVS: The communication software and equipment together with lawn signs & decals, shal remain the sole personal property of DVS and shall not be considered a Ibdure or a part of the realty. Subscriber shall not penal the attachment thereto of any apparatus furnished by DVS. If the comxrwnca0on equipment Is pan d the instrument panel Nen the dap or software programmed lo transmit a signal shag be lured, remain DVS's property, and all reference In the agreement to communication software shall be deemed to be the cap and/or software. Passcade b CPU software retrains property d DVS. Provided Subscriber performs this agreement for the fug arm thereof. upon termination DVS shall at Its option provide to Subscriber the passwde to the CPU sofhere or change the passcode to the manufactures defy 1t code. 5. TERM OF AGREEMENT: RENEWAL INCREASE: The term of this agreement shall be for a period of one (3) years & shal automatically renew kr month to month periods. the first of such renewal periods to commence upon date of the expiration of the original Agreement. unless either party shag wady the other, in writes, not less than darty days prior to the expiration d the original Agreement or the expiration of any renewal periods, of the desire to terminate this Agreement DVS shag be permitted, from time to lire to Increase the montane charge by an amount not to exceed rine percent each year & Lessee agrees to pay such Increase as Invoiced. 5. CARE OF EQUIPMENT: Smbscrlber agrees not to tamper with, remove or otherwise Interfere with the communication software which shall remain Ln the same brstion as Installed & Subscriber agrees to bear the cost of repairs or replacement made necessary as ■ result of any paiuIng, dteralien, remodehn9 or damage, including damage caused by unauthorized Intrusion to the premises, lightning or electrical surge. except for ordinary wear & tear during the warranty period. In which event repair or replacement shal be trade by DVS without additional charge. 7. ALTERATION OF PREMISES FOR INSTALLATION: DVS Is authorized b make preparations such as Wing holes, driving nails, making attachments or doing any other thing necessary In DVS's sok discretion or the Installation and service of the equipment and DVS shal riot be responsible for any sensation created thereby as a result of sudor installation, service, or removal of the equipment, and Buyer represents that the owner of the promises, d oder than Buyer, nAhorizee the installation of the egripment under the terns of Wk agreemerd. 5. BUYER'S DUTY TO SUPPLY ELECTRIC AND TELEPHONE SERVICE: Buyer epees to furnish. at Buyer's expense, all 110 Volt AC power and elecS al cutlets and receptacles, telephone ho0keps, RJ31 x Bock or equivalent theme 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 Phe security equipment once installed, Is in the exclusive poseessbn and conbd of the Subscriber, and II Es Subscribers sole responsibility to test the operation of the security equipment and to notify DVS If any equipment is In need of repair. DVS shal nal be required to service the security equipment if subscriber Is In default and unless It has received notice 1,0111 Subscriber, and upon such notice, DVS small service the security equipment b the best of Is ability within 38 hours, exclusive of Saturday, Sunday and legal holidays, during the business hours of 9 a,m. and 5 p.m. Subscriber agrees to test and hspect the seaufly equipment and to advise DVS of any defect, error or omlsson in the seamy equipment. In the event Sullener compere with the terms of Ins agreement and DVS fare b repair the security equipment wean 36 hours after nolle s given, excluding Saturdays, Sundays, and legal holidays, Subscriber agrees to send notice that the security equipment is In need of repair o DVS, In writing, by certified or registered mal, return receipt requested and Subscriber !hag not be responsible tor payments due vlhie fore security egulpment remake Inoperable. In any lawsuit between the parties in which the condition or °ye/aeon of the security equipment is in issue, the Subscriber shall be preluded from raist g to issue that the seaway equipment was not operatlrg unless the Subscriber can produce a post office certified or registered receipt signed by DVS. evidencing that servk:e was requested by Subscriber 10. DELAY IN INSTALLATION: DVS shall not be liable for any damage or loss sustained by Subscriber as a result o1 delay in Installation of equipment, equipment faiore. Or lex Internup0on of service due to electric failure, stakes, walkouts, war, acts of God, or other causes. Indudkg DVS's negligence or failure 10 perform arty obligation. The estimated date work iso be substantlaty competed s not a definite completion date and time Is rot of the essence. 11. FALSE ALARMS/PERMIT FEES: Buyer Is responsible for all alarm perils and penal fees, agrees to fie for and maintain any permits required by applicable law and A1t1 and Indemnify or reimburse DVS tor any fins relating to permits, code mrtpka1ce ur false alarms. DVS shal have no lability for permit fees, false alarms, fake alarm Ones, robot or firs response, any damage to personal or real property or personal injury caused by police or ire department response to alarm, whether falx alarm a dherwise, a the refusal of the police of fire department to respond. In the event of termination of police or fire response by the municipal police or fire department this contract shag neverfeiess remain In full tome and Buyer shal remain liable for NI payments provided for herein. Should DVS be requbed by existing or hereinafter enacted law or AHJ to perform any service or furnish any material not specifically covered by the terns 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 hold harmless, Vogl Technologies and Communications, Inc, d.b.a. DVS, e5 officers, directors, shareholders, agents, employees, and subcontradas from and against al dakns made against tem for damages another looses, Including there brought by third parties or Subscriber, which shal include all reasonable eltomey lees, toss, and aupernes associated with deferring any such dabs for damages and/or bases asserted against and alleged to be caused by DVS's performance. negligent performance, or failure o perform any obegaton arising out of this contract and. saki Indemnification d Vogl Techrhologles and Communication, Inc., d.b.a. DVS, Is officers, directors, shrelalders, agents, employees. and subcontractors shall Include the payment by Subscriber d any end al damages or losses by any of settlement. judgment, or othenwlse that arise out of any assertions against and alleged to be caused by DVS's peronner cw, negligent performance. or failure to perform any oblgatlon arising out of tis cataract Subscriber on tis/berets behalf and on behalf of hIs/ herfs insurance camber waives any right of subrogation that Subscriber's Insurance carrier may otherwise have against Vogt Technologies and Communicators, Inc.. d.b.a. DVS, its officers. directors, shareholders, agents, employees, and subcontractors arising out of this agreemere or the relation of rhe parties hereto. The parties hereto agree /hal there re no tied party beneficiaries of this contract Subscriber shag not be permitted to assign this agreement without written consent of DVS. DVS stag have the right to assign Its contract and shall be nattered of any obkgaUons created herein upon such assignment. 13. EQUIPMENT IS NOT A FIXTURE: DVS and Buyer agree that the equipment once Installed, does not become the personal property of the Buyer, fat the equipment is not permanently attached to the realty and sinal not be deemed fixtures. 14. INSURANCE: Buyer agrees that DVSs not an insurer and no insurance coverage is offered herein. The equipment Is designed to reduce certain risks of loss, though DVS does not guarantee that no loss MN occur. DVS Is not assuming liability, and, therefore stall not be Rabe to Buyer for any loss. personal Injury or property damage sustained by Buyer as a result of fie, smoke or water. equipment failure, or any other cause. whatsoever, regardless of whether or not such loss or damage was caused by or contributed to by DVS'S negligent performance, failure to perform any obligation on strict products labltity. Buyer releases DVS from any claims for contribution. Indemnity or subrogation. The Buyer shag maintain policies of kabWy, property damage, and fire Insurance under which DVS and the Buyer are named as Insured, and under which the insurer agrees to Indemnify and told DVS harmless Iron and against al costs, expenses including attorneys' fees and kab4ly arising out of or based upon any and all dairts, Injuries and damages arising out of this apex/rent. Including, but not kneed to, dux claims, 'Modes and damages contributed to by DVS's negligent performance to any degree or Its faihxe to perform any obligation. The minimum limits of kabdity d such Insurance shall be one mallon dollars for any Injury or death, and property damage In an amount necessary to Indemnify Buyer for property on its premises. 01/5 shal not be responsible for any portion of any kiss or damage whist" is recovered or recoverable try the Buyer from insurance covering such loss or damage or for such loss or damage against which the Buyer Is Irhderndibd oe Insured. 15. LACTATION OF LIABILITY: Buyer agrees that should pare arise any liability on to part of DVS as a result of DVS'S negligent performance b any degree, failure to perform any of DVS'S obligations. equfpmed failure or strict products kabilry, that DVS'S lability shal be limited to the sum of 5250.00 0 5% of to sales prim, whichever is greater. If Buyer wishes b khcrease DVS'S maninaam amount of DVSs In-eaten of lability, Buyer may, as a made of right at any Ume. by entering into a supplemental contact obtain a replier limit by paying an annual payment consonant with DV5'S Increased lability. This shal not be construed as Insurance coverage. 16. LEGAL ACTION: In the event DVS Institutes legal action to recover any intents owed by Buyer to DVS hereunder, the parties agree that the amount to be recovered, and any judgment to be entered, shall kdude Interest at the rate of one and one-had percent (1 12%) per month kom he date payment Is due. Should DVS Institute an action or proceedng to recover amounts due from Buyer under this Contract, the prevailing party shat be entlfed to recover reasonable adamey's fees and costs associated therewith The panties waive trial by jury In any action between them. In any action commenced by DVS against Buyer, Buyer shal not ed prorated to Interpose any counterclaim. Any action by Buyer against DVS must be commenced within one year of the accrual of the caused action oil stun be boned. Al actions or proceedings against DVS must be based on the provisions of this agreement Any other action tel Buyer may have or bring against DVS in respect to other services rendered In r.o nectlon with this agreement sial be deemed to have merged In and be restricted to the terms and conditions d this agreement Buyer submits to the jurisdiction of California and agrees that any litigation between the parties must be mnenerced and maintained exclwivey In the State of California and in the County of Mendocino. 17. DVS'S RIGHT TO SUBCONTRACT SPECIAL SERVICES: Buyer agrees that DVS Is authorized and permitted b suomntract any services b be provided by DVS to Third parties who may be independent of DVS, and that DVS shell not be liable for any loss or damage sustained by Burger by reason of fire, thetl, burglary or any other cause whatsoever caused by the negligence of third parties and that Byer appoints DVS to act as Byars agent with respect ea such third parties, seep that DVS shall not obligate Buyer to make any payments lo such third prudes. DVS shal be pomaded to assign this contract and upon 5ud1 assignment shag have no further oobgaton hereunder. Buyer acknowledges that this agreement and particularly those paragraphs relatlng to DVSs disclaimer of warranties, exemption from kadkty, even ler its negligence, kmlabon of liability and IndenvafiaaIon. Inure to the benefit of and are applicable to any assignee, subcontractors and communication centers ol DVS. 11. NON-SOLJCITATION. Buyer agrees that it wal not solicit ler employment for Itself, or any other entry, or empty, In any capacity any employee of DVS assigned by DVS b perform any service for or on behalf d Buyer for a period of he yeah alter DVS has competed providing service to Buyer. In the event of Byers violation of this provision, In edition to IrujocUve relet DVS shall recover from Buyer an amount equal to such employee's salary based upon the average three monis preceding employee's temenatien of employment vitt DVS, limes twelve, together with DVS's counsel and expert witness fees. 19. SECURITY INTEREST/COLLATERAL: To secure Buyers obegatlos under this agreement Buyer grans DVS a security k,lerest in the equipment installed by DVS and DVS is authorized to file a financing statement, 20. FULL AGREEMENT/SEVERABILITY: This agreement (together with al exhibits. documents, and/or instruments attached hereto) constitutes the lug and complete agreement and understanding between the parties hereto and shal supersede and control any rd al prior written ardor oral repreeentaatkxs, understandings, gs, and/or agreements concerning the subject mater of this agreemen. This agreement Troy not be amended, modified. Of canceled unless done so M writing, except that In the even DVS Issues a UL certificate o Buyer, DVS vet comply with Underwriters Laboratory Inc or any local law requirements regarding Items of protection provided for in gins agreement Ths contact shall be governed by he laws of the State of California. Any amendment Of modification of this agreement must be signed by WON parties hereto. Any cancellation of this agreement must be signed by the party cancelkg the agreement Shaid any provision of this agreement be deemed void or unenforceable, all odor provisions will rennin In hit force and effect. 21. DELINQUENCY; RECONNECT CHARGES; INTEREST: In the event any payment due hereunder Is more lan ten (10) clays delinquent Company may Impose and collect a delinquency charge 01 0.8316 per month (10% per annum) of the amount of the delinquency. If the alarm system is cleacbvaed because of Subscribes past due balance, and a Subscriber desires to have system reactivated, Subscriber agrees to pay In advance to Company a reconnect charge to be Axed by Company Ina reasonable amine 22 CHANGE IN OWNERSHIP OF SUBSCR5ER'S PREMISES: Subec ler aduhowleages that the sale or refuter d Subscribers premises shall not relieve Subscriber of ink duties and obligation under this agreement Subscriber may not assign or permit anyone to take subject In this Agreement without the written consent of Company.