Terms & Conditions
Equipment Rental Terms
Customer Acknowledges that the equipment rented is in good working condition and agrees:
To pay the rental therefore.
To take care of all said equipment and notify company when non-routine cleaning may be needed.
To use in proper manner.
The LIVE Guard is a solar powered and therefore needs sun to operate; when weather conditions do not permit enough sunlight to power the unit, Customer further understands there may be equipment service outages.
To not move or attempt to move any equipment; only Onsight LIVE is permitted to move the equipment.
In the event any of the rented equipment is lost or destroyed before it is returned, to promptly pay Onsight LIVE the full value of such rented property.
Customer hereby exonerates, indemnifies, and saves harmless the Company from all claims and liabilities to all parties for damage or loss to any person, persons, or property in any way arising out of, or during, the use of said equipment.
Customer further agrees that:
Upon failure to pay rent, or is default is made in any of the other terms hereof, Onsight LIVE may at once take possession of said rented equipment wherever the same may be found, and remove the same, and Onsight LIVE or its agents shall in no way be liable for any claims from damages or injury in the removal of said equipment.
All charges for rental, damage, or material will be paid, and that all collection fees, attorney fees, court costs, or any expense involved in the collection of these charges will be borne by the Customer.
It is understood that the rental commences as of the date and time hereof and ends only when the rented equipment is picked up and returned to the custody of Onsight LIVE.
It is further understood and agreed that any property upon which the equipment and/or materials are used shall be chargeable with a mechanic’s lien for all claims by Onsight LIVE for the use of and/or conversion of the items covered by these terms and conditions.
Monitoring Terms
CUSTOMER ACKNOWLEDGES THESE TERMS AND CONDITIONS HEREIN ARE AVAILABLE 24/7 AT WWW.ONSIGHTLIVE.COM/TERMS AND UNDERSTANDS ALL TERMS AND CONDITIONS HEREIN. SUCH TERMS AND CONDITIONS INCLUDE, BUT ARE NOT LIMITED TO, A DISCLAIMER OF WARRANTIES, A LIMITATION OF LIABILITY, A LIST OF CUSTOMER’S RESPONSIBILITIES, AND AN ARBITRATION CLAUSE.
Company, or its Contractor, upon a receipt of a signal from the Customer’s Premises indicating that the system has been activated, is responsible only for endeavoring to notify the police, fire, medical services unit, guard service, other authorities, or other persons whose names and telephone numbers are set forth in the responsible parties form to be completed by Customer and submitted to Company. Company or its contractor may attempt to verify the nature of the emergency by communicating with someone at the Customer’s Premises or by notifying a guard service prior to notifying the emergency contacts named in the subscriber contact list. Customer understands that neither Company nor its contractor represents or promises that anyone notified will respond to the call (see Disclaimers Section of this Agreement), and Customer releases Company and its contractor from any and all responsibility or liability for any failure or delay in responding to any such notification. Customer understands that Company will not send Company personnel to Customer’s location in response to any alarm signal. Customer authorizes Company to temporarily disconnect the service for nuisance or safety reasons if Company is unable to notify Customer or Customer’s emergency contacts or if Customer or Customer’s emergency contacts refuse or fail to arrive at Customer’s location within a reasonable time. Company may subcontract with a third party to provide any or all such monitoring service upon the terms and conditions hereof. Company may assign its right and interests in this Agreement at any time without Prior notice to Customer.
1. Service Fees and Terms of Agreement: The term of this Agreement shall commence upon execution hereof by the parties, shall continue for an initial term of one (1) month and shall automatically renew after the initial term or renewal term, as applicable, for an additional one (1) month period unless either party gives proper notice of its intention to terminate this Contract to the other party not less than ten (10) days prior to the expiration of the initial or any renewal term. To prevent unauthorized cancellations, “proper notice” means a notice including name, address, account number and account password given to Company as set forth in Section 21 of this Agreement. Customer agrees to pay the total monthly fee plus all sales, service, property, use and local taxes; any permit fees, any false alarms charges, telephone charges, return check charges, or Late Charges, if applicable, whether imposed on Company or Customer. Company may cancel the service prior to expiration of either the initial or any renewal term upon five (5) days notice to the Customer. Return check charges are $25.00 or 5% of the face value of the check, whichever is greater.
2. BILLING/LATE CHARGES/RETURN CHECK FEES: Customer agrees to pay Company, its agents, contractors or assigns, the fees specified hereof promptly upon receipt of invoice and authorizes payment by the method specified in this Agreement. The fee is billed to and payable by Customer in advance according to the billing cycle specified on the face hereof, and customer agrees to pay a late charge equal to one and one half percent (1.5%) per month, or the highest legal rate permitted by law, whichever is lower, on all payments not received by Company within thirty (30) days from the date of invoice. In addition to financial and other penalties imposed by State law, customer shall be responsible for a $25.00 (or 5% of the face value of the check) processing fee for any check or payment dishonored or rejected by their financial institution. The intention of the Company is to conform strictly to applicable State law, and in the event that any Late Charges or Return Check Charges are held to be in excess of the highest lawful amount, such charges shall be reduced to the highest lawful amount and any excess charges will be promptly refunded or applied against any payments due hereunder, at Company’s option. AutoPay Customers will not receive a billing statement. Company will follow local laws and ordinances regarding the dispatch of assistance. Should additional charges be incurred in following the local laws and ordinances, Customer will bear the total responsibility for the charges. In the event that the Total Monthly Fee is increased by more than five percent (5%) annually during the initial term or latest renewal term, as applicable, Company shall give Customer advance written notice of at least sixty (60) days prior to the effective date of the increase and, in such event, Customer may terminate this Agreement upon written notice to Company delivered at least thirty (30) days prior to the effective date of the increase, otherwise Customer will be deemed to have consented to the increase and all the terms and conditions herein shall remain in full force and effect.
3. DISCLAIMER OF WARRANTIES: Except as otherwise expressly provided herein, and to the full extent allowed by law, Company hereby disclaims all representation and warranties, express or implied, including those of merchantability or fitness that the System or any services provided herein will avert, deter or prevent any loss which monitoring might alleviate or mitigate. Customer acknowledges and understands that the System or Company’s or its Contractor’s equipment may fail to function properly and that Company and its contractor may fail to properly respond to the receipt of a signal from the System, and that neither Company nor its contractor has control over the response time or capability of any agency or person who may be notified. In the event that Company is determined to be directly or indirectly liable for any loss, damage, or injury, Customer understands and agrees that the limitation of liability in Section 6 applies.
3. COMPANY IS NOT AN INSURER AND LIMITATION OF LIABILITY: 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 damage on the Premises shall be obtained by the Customer, and that the amounts being charged by Company do not guarantee that no loss will occur, that Company is not assuming responsibilities for any losses which may occur even if due to Company’s or its employee’s, contractor’s, agent’s or assign’s negligent performance or failure to perform any obligation under this Agreement. Further, the parties expressly agree that it is impractical and extremely difficult to determine actual damages which may arise due to the failure of services provided, if, notwithstanding the above provision, there should arise any liability on the part of Company or its employees, contractors, agents and assigns, such liability shall be limited to an amount equal to one-half the total service charge provided in this Agreement for a one (1) year period or $450, whichever is greater. This sum shall be complete and exclusive and shall be paid to and received by Customer as liquidated damages and not as a penalty. In the event that Customer wishes to increase the maximum amount of such liquidated damages, Customer may, as a matter of right, request in writing from Company higher limits by paying an additional amount under a graduated scale of rates relating to the higher limit of liquidated damages. If Customer elects to exercise this option, a rider shall be attached to this Agreement setting forth the terms, conditions and amount of the limited liability and the additional periodic charge. Such rider and additional obligation shall in no way be interpreted to hold Company or its contractor as an insurer. Customer agrees to and shall indemnify and save harmless Company, its employees, contractors, agents and assigns, for and against all third party claims, lawsuits and losses alleged to be caused by Company’s or such person’s performance, negligent performance, or failure for perform the obligations under this Agreement.
4. CUSTOMER’S DUTIES: Customer shall maintain the System in good operating condition and shall secure and maintain all licenses or permits that may be necessary from governmental or insurance authorities for the continued operation and monitoring of the System. Customer shall carefully and properly set the System each night or be away from or close its Premises. Client shall carefully and properly test the system prior to each closed period and shall immediately report to Company any claimed inadequacy in or failure of the System. Customer is responsible for testing the system monthly and for notifying Company or its contractor promptly if Customer believes there is a problem with the System. Customer agrees to notify Company immediately in writing of any modification, alteration, or revision to the System, and further agrees to provide and maintain current and correct subscriber and emergency contact information with Company and contractor.
5. DISCONNECTION/REMOVAL: Company may terminate this Agreement and deactivate/remove the System or suspend this Agreement, at its option, (I) upon ten (10) days written notice if Customer fails to timely pay any amount due or provide notice as required hereunder or upon any anticipatory or other breach of this Agreement by Customer; or (ii) immediately should the electro-protective equipment, the System or the Premises, not work or fail or become so damaged that further service is impracticable in Company’s sole determination; (iii) immediately if there are repeated or excessive false alarms on the premises; (iv) immediately if service interrupted due to strike, riots, flood, fires, acts of God or any causes beyond the control of the Company. Company, its employees, contractors, agents and assigns shall not be liable for and Customer agrees to and shall indemnify and hold harmless Company, its employees, contractors, agents and assigns for any loss or damages caused by the events described above due to the termination of this Agreement pursuant to such events or caused by delay in response time or non-response time of Police, Fire and other authorities, institutions or persons notified by the Company. A termination or suspension of this Agreement as provided above, shall in no way limit Company’s rights to recover damages from Customer, or limit Company’s legal remedies hereunder or at law or in equity or subject Company to any damages to which Company may be entitled, provided however that Customer’s liability for the monthly Services provided under this Agreement shall be computed as follows: (a) this Agreement is terminated pursuant to Section 8(i) above, Customer shall pay immediately all sums due and owing for the balance of the then existing term of this Agreement and Company shall have no further liability or obligation hereunder; or (b) if this Agreement is terminated for any other reasons, Customer shall pay all amounts due and owing as of the termination date. In addition to amounts due pursuant to the preceding sentence, Customer shall be liable to Company for any additional damages suffered by Company, including without limitations any charges imposed on Company or Customer by any governmental or municipal agency for false alarms shall be paid by Customer. In the event Company elects to suspend performance under this Agreement based upon the provisions of this Section, Customer shall remain liable for all charges accruing against Customer during the suspended performance period, plus a re-connection/drop-off fee of $200.00. Upon termination of this Agreement, Customer agrees to permit Company or its contractor to discontinue monitoring and to either remotely disconnect the System from the monitoring network or to enter Customer’s premises and disconnect the System from Company’s or its contractor’s monitoring network.
6. TRANSMISSION SYSTEMS: The Customer acknowledges and understands that: (a) the System communicates with the monitoring facility over a cellular signal; (b) these transmission systems are beyond the control of the Company and are owned, maintained, and serviced solely by the applicable transmission system provider; (c) these transmission systems may not always be reliable, may become obsolete, or may become incompatible with this intended usage; (d) in the event that Customer’s transmission systems are out of order, disconnected, severed, or otherwise interrupted, signals from Customer’s System will not reach the central station and the Company or its contractor will have no way to know about the problem; and (e) any changes made to these transmission systems may disrupt communication from the System to the central station. The Customer understands that all aspects of the transmission system are beyond the control of any other aspect of its operation. The Customer will immediately notify the Company or its contractor of any problems with or changes to the System or transmission systems. The Customer understands that the use of certain transmission systems is regulated by government agencies and/or the Federal Communications Commission. Customer understands that Customer is solely responsible for any impact that changes in laws, rules, regulations, or policies may have in necessitating alterations in or changes to the Customer’s System or to transmission systems used for communication to the central station.
7. INTERRUPTION OF SERVICE: Neither Company nor its contractor assumes any liability for interruption of monitoring service due to strikes, riots, floods, storms, earthquakes, res, power failures, insurrection, interruption, or unavailability of telephone service, acts of God, or for any other cause beyond the control of the Company or its contractor. Neither Company nor its contractor will be required to supply monitoring service to Customer while any such cause continues and Customer shall not be entitled to any notification to any interruption of service to any refund or credit of any charges for such an interruption of monitoring service. Company or its contractor may suspend or cancel this Agreement without notice or liability or penalty should the System, Customer’s Premises, or Company or its contractor’s monitoring facilities become so substantially damaged that further service is impractical, or in the event that Company or its contractor is unable to either secure or obtain the connections or privileges necessary for the transmission of signals between Customer’s location, Company or its contractor’s monitoring facility and local police or fire departments. Neither Company nor its Contractor shall have any liability for delay in installation or maintenance of the equipment.
8. THIRD PARTY INDEMNIFICATION: Customer agrees to and shall indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, contractors and any person or entity for whom the Company is legally responsible, from and against any and all claims arising from this Agreement brought by parties other than the parties to this Agreement.
9. SUBROGATION: Customer hereby waives, on behalf of its insurance carrier(s), any right of subrogation it may have against Company. Customer hereby releases, discharges, and agrees to hold Company and its contractor harmless from any and all claims, liabilities, damages, losses or expenses, arising from or caused by any hazard covered by insurance in or on the Customer’s Premises whether said claims are made by Customer, its agents, or insurance carrier or other parties claiming under, or through Customer. Customer agrees to indemnify, defend and hold harmless Company and its contractor from any action for subrogation which may be brought against Company or its contractor by any Insurer or Insurance carrier, or its agents or assigns, including the payment of all damages, expenses, costs and attorney’s fees. Customer shall notify his insurance carrier of the terms of this provision.
10. LIMITATION ON ACTIONS: Both parties hereby agree that no suit or action that relates in any way to this Agreement (whether based upon contract, negligence or otherwise) shall be brought against the other more than one (1) year after the accrual of the cause of action therefrom. Except for the Company’s right to file suit against Customer to collect unpaid amounts due under this Agreement.
11. BINDING ARBITRATION: The parties agree to resolve through binding arbitration all suits, causes of action, controversies, claims, disputes, differences, disagreement or matters at issue (collectively referred to as “claims”), whether or not they arise by virtue of this Agreement, are of any extracontractual, contractual or other nature, arise by virtue of regulations or common law, that the parties may have between themselves and their respective principal organization, subsidiaries and affiliates as well as with the officers, directors, employees or agents acting within or outside of the scope of their capacity. The parties agree that arbitration shall be conducted according to Federal Arbitration Act (“FAA”) rules, unless the matter in arbitration is not covered under FAA, in which case the arbitration will be conducted in accordance with the applicable commercial arbitration rules of the American Arbitration Association (“AAA”). If one of the parties refused to honor its obligation under this arbitration agreement, the other party may compel arbitration in state or federal tribunal where the nearest AAA office is located, to which jurisdiction both parties voluntarily submit. Notwithstanding the aforementioned, the arbitrator is not authorized to grant punitive damages with respect to any claim. The costs of any arbitration, including registration and transcription costs, shall be paid by the non-prevailing party as determined by the arbitrator or shall be levied in an equitable manner as determined by the arbitrator. The arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability or formation of this arbitration agreement including any claim alleging that all or part of this Agreement is null or voidable. The proceedings conducted under this arbitration agreement, including any order, decision or aware by the arbitrator, shall be held in confidence by the parties. The parties acknowledge that by virtue of the execution of this Agreement they waive all rights that they may have to a jury trial or bench trial as relates to any claims alleged by the other party, except as otherwise provided in the paragraph. The provisions of this Agreement which apply to any claim will remain in effect even after this Agreement is terminated.
12. REMEDIES: Customer shall be in default hereunder and there shall be a breach of this Agreement if: (a) Customer fails to pay any fees or charges of any kind when due or fails to perform other obligations set forth in this Agreement and such failure continues for a period of ten (10) days after issuance of written notice by Company; and/or (b) Customer attempts to remove, sell, transfer or encumber the System except as expressly permitted herein. In the event of Customer’s default or breach hereunder, Company may at its option do any or all of the following: (i) by notice to Customer, terminate the Agreement; and/or (ii) declare immediately due and payable to Company all accrued charges incurred prior to the effective date of termination of service, and in as much as the breach of this Agreement by Customer will cause serious and substantial damage to Company and because it will be difficult if not impossible to prove the amount of such damage, Customer will pay an additional amount as liquidated damages and not as a penalty, an amount equal to eighty percent (80%) of the remaining payments which Customer would have been obligated to pay from the effective date of termination until the end of the existing Agreement term. Should liquidated damages be unavailable under state law, Customer acknowledges and agrees that Company or contractor shall still be entitled to recover all sums which they may otherwise be entitled to under the law by virtue of Customer’s default. All amounts are due immediately without presentment, demand, protest, or further notice of any kind, all of which are expressly waived by the Customer.
13. FALSE ALARMS: Customer understands that local governments may levy a fine of charge for any false alarms or signals, and Customer agrees to assume all responsibility for and indemnify the Company and its contractors, officers, employees, agents and assigns against any false alarms or signal and to pay related fees, levies, court costs, attorney fees, costs of collection, and fines. If, in Company’s sole judgement, it is determined that the Customer is generating an excessive number of false alarms or signals which may affect Company’s or its contractor’s monitoring facilities, Company or its contractors may charge Customer a fee for processing such false alarms and/or Company may cancel this Agreement upon providing Customer with 10 days notice of cancellation. IN the event of cancellation of this Agreement, neither Company nor its contractor shall refund any moneys previously paid by Customer and shall retain the right to collect any moneys due or to become due hereunder.
14. SALES TAX: Any taxes concerning the use of the System and monitoring thereof shall be borne by Customer. An increase in the amount of sales tax due shall not be included for purposes calculating the 5% annual increase permitted pursuant to this Agreement, or in the notice provision of this Agreement. Company shall have the right, at any time during the term of this Agreement or any renewal thereof, to increase the monitoring charges hereunder to reflect any additional taxes, licenses, permits, fees, or charges relating to the services provided imposed by any utility, telephone company, or governmental authority, and Customer agrees to pay the same upon thirty (30) days notice from Company of any such increase.
15. ASSIGNMENT: This Agreement may not be assigned in whole or in part by Customer, except upon Company’s written consent. Company may assign any or all of its rights and interest in this Agreement to a third party at any time without notice to the Customer. Upon such assignment, Customer shall, if directed to do so, make all payments under this Agreement to the assignee. Customer acknowledges that this Agreement and all provisions herein shall inure to the benefit of and are applicable to any assignees, agents, contractors, and subcontractors and that they bind Customer with respect to said assignees, agents, contractors and subcontractors with the same force and effect as they bind Customer to Company.
16. UNENFORCEABLE/INVALID PROVISIONS: In the event that any provisions of this Agreement are held to be unenforceable or invalid, the remaining provisions or portions hereof shall be deemed to remain in full force and effect. The respective covenants, obligations, and agreements of the parties made herein, including without limitation the obligations of indemnity and limitation of liability hereunder, shall survive termination of this Agreement for any reason whatsoever.
17. ENTIRE AGREEMENT: This Agreement contains the entire understanding between the parties hereto, and except as otherwise provided herein, may only be altered or modified by an instrument in writing signed by the parties hereto. If any conflict exists between this Agreement and Customer’s purchase order, or any other document, this Agreement will govern. No representations of any kind not contained herein or made by Company or any third party shall in any way bind Company and Customer expressly represents that by entering into this Agreement, Customer is not relying upon any representations made to Customer not contained here in writing. This Agreement is made in, and shall be governed by, the laws of the state of Arizona.
18. Venue/Attorney Fees: In the event Customer fails to pay amounts due hereunder, or if a lawsuit is led by either party for any other reason and Company is the prevailing party, Company shall be entitled to recover from Customer all of Company’s collection costs, attorney’s fees, court costs, and all other reasonably necessary out of pocket expenditures related to any collection efforts or lawsuit. The parties further agree that Maricopa County, Arizona shall be the proper and exclusive legal venue in the event of any lawsuit led. Customer agrees that Company may convert this Agreement to electronic media, which may serve as the exclusive original.