BSG Service Agreement
1. Builder Systems Group (hereinafter referred to as “BSG” or "ALARM COMPANY") agrees to sell, install, and program at Subscriber's premises, and Subscriber agrees to buy, an electronic security and or fire alarm system, consisting of the following equipment:
2. DESCRIPTION OF SERVICES: View Services Below
3. SERVICES AND CHARGES: Only services selected are included:
(a) CENTRAL STATION MONITORING: Subscriber agrees to pay BSG:(i) the sum of $0 plus tax for the installation and programming of the software and communication devices if separate from the alarm panel if not already installed.(ii) The sum of amount listed above, plus tax, per month, payable in advance for the monitoring of the Security System for the term of this agreement 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:
(c) INSPECTION: Subscriber agrees to pay BSG $______ plus tax, per month, payable in advance for the term of this agreement for inspection service. If this option is selected BSG will make _______ inspection(s) per year. Unless otherwise noted in the Schedule of Equipment and Services inspection service includes testing of all accessible components to insure proper working order. If UL certified, the inspection will comply with UL Requirements. BSG will notify Subscriber 3 days in advance of inspection date, and it is Subscriber's responsibility to reschedule or permit access. Testing at inspection insures only that components are in proper working order at time of inspection unless otherwise reported to Subscriber at time of inspection. Inspection does not include repair. If sprinkler alarm or other device monitoring water flow is inspected the inspection does not include inspection or testing of sufficiency of water supply, for which BSG has no responsibility or liability.
4. PASSCODE TO CPU SOFTWARE REMAINS PROPERTY OF BSG: Provided Subscriber performs this agreement for the full term thereof, upon termination BSG shall at its option provide to Subscriber the passcode to the CPU software or change the passcode to the manufacturer's default code. Software programmed by BSG is the intellectual property of BSG and any unauthorized use of same, including derivative works, is strictly prohibited and may violate Federal Copyright laws, Title 17 of the United States Code, and may subject violator to civil and criminal penalties. The Equipment shall remain personal property and shall not be considered a fixture, or an addition to, alteration, conversion, improvement, modernization, remodeling, repair or replacement of any part of the realty, and Subscriber shall not permit the attachment thereto of any apparatus not furnished by BSG. BSG’s signs and decals remain the property of BSG and must be removed upon termination of this Agreement.
5. TERM OF AGREEMENT / RENEWAL: The term of this agreement shall be for a period of (monitoring plan purchase) years and shall automatically renew month to month thereafter under the same terms and conditions, unless either party gives written notice to the other by certified mail, return receipt requested, of their intention not to renew the agreement at least 30 days prior to the expiration of any term. Prior to or after the expiration of one year from the date hereof BSG shall be permitted from time to time to increase all charges due to the cost of doing business by an amount not to exceed nine percent each year and Subscriber agrees to pay such increase.
6. CENTRAL STATION MONITORING: Upon receipt of a signal from Subscriber’s alarm system, BSG or its designee central station shall make every reasonable effort to notify Subscriber and the appropriate municipal police or fire department depending upon the type of signal received. Not all signals will require notification to the authorities and Subscriber may obtain a written response policy from BSG. No response shall be required for supervisory, loss of communication pathway, trouble or low battery signals. Subscriber acknowledges that signals transmitted from Subscriber's premises directly to municipal police or fire departments are not monitored by personnel of BSG or BSG's designee central station and BSG does not assume any responsibility for the manner in which such signals are monitored or the response, if any, to such signals. Subscriber acknowledges that signals which are transmitted over telephone lines, wire, air waves, internet, VOIP, radio or cellular, or other modes of communication pass through communication networks wholly beyond the control of BSG and are not maintained by BSG except BSG may own the radio network, and BSG shall not be responsible for any failure which prevents transmission signals from reaching the central station monitoring center or damages arising therefrom, or for data corruption, theft or viruses to Subscriber’s computers if connected to the alarm communication equipment. Subscriber agrees to furnish BSG with a written Call List of names and telephone numbers of those persons Subscriber wishes to receive notification of alarm signals. Unless otherwise provided in the Call List BSG will make a reasonable effort to contact the first person reached or notified on the list either via telephone call, text or email message. No more than one call to the list shall be required and any form of notification provided for herein, including leaving a message on an answering machine, shall be deemed reasonable compliance with BSG’s notification obligation. All changes and revisions shall be supplied to BSG in writing. Subscriber authorizes BSG to access the control panel to input or delete data and programming. If the equipment contains video or listening devices permitting central station to monitor video or sound then upon receipt of an alarm signal central station shall monitor video or sound for so long as central station in its sole discretion deems appropriate to confirm an alarm condition. If Subscriber requests BSG to remotely activate or deactivate the system, change combinations, openings or closings, or re-program system functions, Subscriber shall pay BSG $95.00 for each such service. BSG may, without prior notice, suspend or terminate its services, in BSG’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 or runaway signals. Central station is authorized to record and maintain audio and video transmissions, data and communications, and shall be the exclusive owner of such property. All Subscriber information and data shall be maintained confidentially by BSG.
7. SERVICE: Service pursuant to paragraph 3(d)(ii) includes all parts and labor, and BSG shall service upon Subscriber's request the security system installed in Subscriber's premises between the hours of 9 a.m. and 5 p.m. Monday through Friday, within reasonable time after receiving notice from Subscriber that service is required, exclusive of Saturdays, Sundays and legal holidays. All repairs, replacement or alteration to the security system made by reason of alteration to Subscriber's premises, or caused by unauthorized intrusion, lightning or electrical surge, or caused by any means other than normal usage, wear and tear, shall be made at the cost of the Subscriber. Batteries, electrical surges, lightning damage, software upgrades and repairs, communication devices no longer supported by communication pathways, obsolete components and components exceeding manufacturer’s useful life are not included in service and will be repaired or replaced at Subscriber’s expense payable at time of service. No apparatus or device shall be attached to or connect with the security system as originally installed without BSG's written consent.
8. EXTENDED LIMITED WARRANTY/EXTENDED SERVICE PLAN (ESP). If I purchase BSG’s Extended Limited Warranty, which is called the Extended Service Plan or ESP, BSG will repair or, at its option, replace any part of the alarm system installed by BSG that requires repair or replacement due to ordinary wear and tear or malfunction, reprogramming of installed equipment covered under this agreement, including batteries. BSG will use new or functionally operative parts for replacements. If I require services excluded from the ESP (see Paragraph 12 below for exclusions), then BSG will provide the services at its current labor rate for each service call. The ESP and the billing for it will commence on the date the alarm system is installed, operational and communicating with BSG’s CMS and will continue for the term of this Contract. The ESP will automatically renew for successive thirty (30)-day terms at BSG’s then-current ESP rate unless terminated by either party’s written notice at least thirty (30) days before the end of the then-current term. If I purchase the ESP after the initial system installation, the alarm system must be in good working condition at the time I purchase the ESP and understand I will be obligated to a prorated amount of the ESP from the date of original installation.
9. REMOTE SERVICES ACCESS / EXCESSIVE DATA USAGE / AUDIO & VIDEO LIMITATIONS: If Remote Access and or Remote Viewing is included in the Schedule of Equipment and Services to be installed and services provided by BSG, the equipment will transmit data via Subscriber’s high speed Internet, cellular or radio communication service from remote pendant supplied by BSG or Subscriber’s Internet or wireless connection device which is compatible with BSG’s remote services. BSG will grant access to server permitting Subscriber to monitor the security system, access the system to arm, disarm and bypass zones on the system, view the remote video camera(s) and control other remote automation devices that may be installed, or, when system design permits, connect the system to the Internet, over which BSG has no control. The remote services server is provided either by BSG or a third party. BSG shall install the camera(s) in a permissible legal location in Subscriber’s premises to permit Subscriber viewing. BSG shall have no responsibility for failure of data transmission, corruption or unauthorized access by hacking or otherwise and shall not monitor or view the camera data or listen to audio transmission except in connection with professional monitoring services if contracted for in this agreement. BSG shall have no liability for excessive data usage expense incurred by Subscriber attributable to the equipment or services provided herein. Electronic data may not be encrypted and wireless components of the alarm system and other integrated components and devices may not meet Advanced Encryption Standard specifications for encryption of electronic data established by the US National Institute of Standards and Technology or any other established criteria for encryption and BSG shall have no liability for access to the alarm system by others by hacking or otherwise. If audio or video devices are installed, Subscriber has been advised to independently ascertain that the audio or video devices are used lawfully. BSG has made no representations and has provided no advice regarding the use of audio or video devices and it is Subscriber’s sole responsibility to use the camera and audio devices lawfully.
10. WIRELESS AND INTERNET ACCESS CAPABILITIES: Subscriber is responsible for supplying high speed Internet access at Subscriber’s premises. BSG does not provide Internet service, maintain Internet connection, wireless access or communication pathways, computer, smart phone, electric current connection or supply, or in all cases the remote video server. In consideration of Subscriber making its monthly payments for remote access to the system BSG will authorize Subscriber access. BSG is not responsible for Subscriber’s access to the Internet or any interruption of service or down time of remote access caused by loss of Internet service, radio or cellular or any other mode of communication used by Subscriber to access the system. Subscriber acknowledges that Subscriber's security system can be compromised if the codes or devices used for access are lost or accessed by others and BSG shall have no liability for such third party unauthorized access. BSG is not responsible for the security or privacy of any wireless network system or router. Wireless systems can be accessed by others, and it is the Subscriber's responsibility to secure access to the system with pass codes and lock out codes. BSG is not responsible for access to wireless networks or devices that may not be supported by communication carriers and upgrades to Subscriber’s system will be at Subscriber’s expense. If Subscriber is Self-Monitoring, no signals will be received unless Subscriber has access to the selected mode of communication pathway such as cellular, radio or Internet service.
11. LIMITED WARRANTY ON EQUIPMENT: In the event that any part of the security equipment becomes defective, BSG agrees to make all repairs and replacement of parts without costs to the Subscriber for a period of one (1) year from the date of installation. BSG reserves the option to either replace or repair the alarm equipment and reserves the right to substitute materials of equal quality at time of replacement or to use reconditioned parts in fulfillment of this warranty. This warranty does not include batteries, electrical surges, lightning damage, software upgrades and repairs, communication devices that are no longer supported by communication pathways, obsolete components, and components exceeding manufacturer’s useful life. BSG is not the manufacturer of the equipment and other than BSG’s limited warranty Subscriber agrees to look exclusively to the manufacturer of the equipment for repairs under its warranty coverage if any. Except as set forth in this agreement, BSG makes no express warranties as to any matter whatsoever, including but not limited to, unless prohibited by law, the condition of the equipment, its merchantability, or its fitness for any particular purpose, and BSG shall not be liable for consequential damages. BSG does not represent nor warrant that the security system may not be compromised or circumvented, or that the system will prevent any loss by burglary, hold-up, fire or otherwise or that the system will in all cases provide the protection for which it is installed. BSG expressly disclaims any implied warranties, including implied warranties of merchantability or fitness for a particular purpose. The warranty does not cover any damage to material or equipment caused by accident, misuse, attempted or unauthorized repair service, modification, or improper installation by anyone other than BSG. Subscriber acknowledges that any affirmation of fact or promise made by BSG shall not be deemed to create an express warranty unless included in this agreement in writing; that Subscriber is not relying on BSG's skill or judgment in selecting or furnishing a system suitable for any particular purpose and that there are no warranties which extend beyond those on the face of this agreement, and that BSG has offered additional and more sophisticated equipment for an additional charge which Subscriber has declined. Subscriber's exclusive remedy for BSG's breach of this agreement or negligence to any degree under this agreement is to require BSG to repair or replace, at BSG's option, any equipment which is non-operational. This Limited Warranty is independent of and in addition to service contracted under paragraph 3(d) (ii) of this agreement. This Limited Warranty gives you specific legal rights and you may also have other rights which vary from state to state. If required by law, BSG will procure all permits required by local law and will provide a certificate of workman's compensation prior to starting work.
12. FIRE ALARMS: Unless the Schedule of Equipment and Services provides for a fire alarm system to code BSG makes no representation that the fire alarm equipment meets local code requirements or constitutes a fire alarm system as that term is defined by the Authority Having Jurisdiction over fire alarm systems in Subscriber’s premises. If a fire alarm system to code is specified in the Schedule of Equipment and Services then BSG will install fire alarm equipment pursuant to AHJ requirements. Subscriber agrees that any equipment required by the AHJ not specified in the Schedule of Equipment and Services shall be an extra to this agreement to be paid for by Subscriber at time the additional equipment is requested.
13. DELAY IN DELIVERY / INSTALLATION / RISK OF LOSS OF MATERIAL: BSG shall not be liable for any damage or loss sustained by Subscriber as a result of delay in delivery and/or installation of equipment, equipment failure, or for interruption of service due to electric failure, strikes, walk-outs, war, acts of God, or other causes, including BSG's negligence or failure to perform any obligation. The estimated date work is to be substantially completed is not a definite completion date and time is not of the essence. In the event the work is delayed through no fault of BSG, BSG shall have such additional time for performance as may be reasonably necessary under the circumstances. Subscriber agrees to pay BSG the sum of $1,000 per day for each business day the work is re-scheduled or delayed by Subscriber or others engaged by Subscriber through no fault of BSG on less than 24 hour notice to BSG. If installation is delayed for more than one year from date hereof by Subscriber or other contractors engaged by Subscriber and through no fault of BSG, Subscriber agrees to pay an additional 5% of the contract Purchase Price upon installation. Subscriber assumes all risk of loss of material once delivered to the job site. Should BSG be required by existing or hereafter enacted law to perform any service or furnish any material not specifically covered by the terms of this agreement Subscriber agrees to pay BSG for such service or material.
14. TESTING OF SECURITY SYSTEM: Security System, once installed, is in the exclusive possession and control of the Subscriber, and it is Subscriber's sole responsibility to test the operation of the Security System and to notify BSG if it is in need of repair. Service if provided is pursuant to paragraph 3.
15. CARE AND SERVICE OF SECURITY SYSTEM: Subscriber agrees not to tamper with, remove or otherwise interfere with the Security System which shall remain in the same location as installed. All repairs, replacement or alteration to the security system made by reason of alteration to Subscriber's premises, or caused by unauthorized intrusion, lightning or electrical surge, or caused by any means other than normal usage, wear and tear, shall be made at the cost of the Subscriber. Batteries, electrical surges, lightning damage, software upgrades and repairs, communication devices that are no longer supported by communication pathways, obsolete components and components exceeding manufacturer’s useful life, are not included in warranty or service under paragraph 3 (d)(ii) and will be repaired or replaced at Subscriber’s expense payable at time of service. No apparatus or device shall be attached to or connect with the security system as originally installed without BSG's written consent.
16. ALTERATION OF PREMISES FOR INSTALLATION / RISK OF LOSS OF MATERIAL: BSG is authorized to make preparations such as drilling holes, driving nails, making attachments or doing any other thing necessary in BSG's sole discretion for the installation and service of the security system, and BSG shall not be responsible for any condition created thereby as a result of such installation, service, or removal of the security system, and Subscriber represents that the owner of the premises, if other than Subscriber, authorizes the installation of the security system under the terms of this agreement. Subscriber assumes all risk of loss of material once delivered to the job site.
17. SUBSCRIBER'S DUTY TO SUPPLY ELECTRIC AND TELEPHONE SERVICE: Subscriber agrees to furnish, at Subscriber's expense, all 110 Volt AC power, electrical outlet, ARC Type circuit breaker and dedicated receptacle, internet connection, high speed broadband cable or DSL and IP Address, telephone hook-ups, RJ31x Block or equivalent, as deemed necessary by BSG.
18. LIEN LAW: BSG or any subcontractor engaged by BSG to perform the work or furnish material who is not paid may have a claim against purchaser or the owner of the premises if other than the purchaser which may be enforced against the property in accordance with the applicable lien laws.
19. INDEMNITY / WAIVER OF SUBROGATION RIGHTS / ASSIGNMENTS: SUBSCRIBER AGREES TO INDEMNIFY AND HOLD HARMLESS BSG, ITS EMPLOYEES, AGENTS AND SUBCONTRACTORS, FROM AND AGAINST ALL CLAIMS, LAWSUITS, INCLUDING THOSE BROUGHT BY THIRD-PARTIES OR BY SUBSCRIBER, INCLUDING REASONABLE ATTORNEYS' FEES AND LOSSES, ASSERTED AGAINST AND ALLEGED TO BE CAUSED BY BSG'S PERFORMANCE, NEGLIGENCE OR FAILURE TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT. Parties agree that there are no third party beneficiaries of this agreement. Subscriber on its behalf and any insurance carrier waives any right of subrogation Subscriber's insurance carrier may otherwise have against BSG or BSG's subcontractors arising out of this agreement or the relation of the parties hereto. Subscriber shall not be permitted to assign this agreement without written consent of BSG. BSG shall have the right to assign this agreement and shall be relieved of any obligations herein upon such assignment.
20. EXCULPATORY CLAUSE: BSG AND SUBSCRIBER AGREE THAT BSG IS NOT AN INSURER AND NO INSURANCE COVERAGE IS OFFERED HEREIN. THE FIRE ALARM, SECURITY SYSTEM, EQUIPMENT, AND BSG’S SERVICES ARE DESIGNED TO DETECT AND REDUCE CERTAIN RISKS OF LOSS, THOUGH BSG DOES NOT GUARANTEE THAT NO LOSS OR DAMAGE WILL OCCUR. BSG is not assuming liability, and, therefore, shall not be liable to Subscriber or any other third party for any loss, economic or non-economic, in contract or tort, data corruption or inability to retrieve data, personal injury or property damage sustained by Subscriber as a result of equipment failure, human error, burglary, theft, hold-up, fire, smoke, water or any other cause whatsoever, regardless of whether or not such loss or damage was caused by or contributed to by BSG’s negligent performance to any degree in furtherance of this agreement, any extra contractual or legal duty, strict products liability, or negligent failure to perform any obligation pursuant to this agreement or any other legal duty. In the event of any loss or injury to any person or property, Subscriber agrees to look exclusively to Subscriber's insurer to recover damages. Subscriber releases BSG from any claims for contribution, indemnity or subrogation.
21. INSURANCE / ALLOCATION OF RISK: Subscriber shall maintain a policy of public liability, casualty, fire, theft, and property damage under which Subscriber is named as insured and BSG is named as additional insured and which shall cover any loss or damage BSG's services are intended to detect to one hundred percent of the insurable value or potential risk. The parties intend that the Subscriber assume all potential risk and damage that may arise by reason of failure of the equipment, system or BSG's services. BSG shall not be responsible for any portion of any loss or damage which is recovered or recoverable by Subscriber from insurance covering such loss or damage or for such loss or damage against which Subscriber is indemnified or insured. Subscriber and all those claiming rights under Subscriber waive all rights against BSG and its subcontractors for loss or damages caused by perils intended to be detected by BSG's services or covered by insurance to be obtained by Subscriber, except such rights as Subscriber or others may have to the proceeds of insurance.
22. LIMITATION OF LIABILITY: LIMITATION OF LIABILITY: SUBSCRIBER AGREES THAT SHOULD THERE ARISE ANY LIABILITY ON THE PART OF BSG AS A RESULT OF BSG'S NEGLIGENT PERFORMANCE TO ANY DEGREE OR NEGLIGENT FAILURE TO PERFORM ANY OF BSG'S OBLIGATIONS PURSUANT TO THIS AGREEMENT OR ANY OTHER LEGAL DUTY, EQUIPMENT FAILURE, HUMAN ERROR, OR STRICT PRODUCTS LIABILITY, THAT BSG'S LIABILITYSHALL BE LIMITED TO THE SUM OF $250.00 OR 6 TIMES THE AGGREGATE OF MONTHLY PAYMENTS FOR SERVICES BEING PROVIDED AT TIME OF LOSS, WHETHER ECONOMIC OR NON-ECONOMIC, IN CONTRACT OR TORT, WHICHEVER IS GREATER. IF SUBSCRIBER WISHES TO INCREASE BSG's amount of limitation of liability, Subscriber may, as a matter of right, at any time, by entering into a supplemental agreement, obtain a higher limit by paying an annual payment consonant with BSG's increased liability. This shall not be construed as insurance coverage.
23. LEGAL ACTION / EARLY TERMINATION / AGREEMENT TO ARBITRATE: THE PARTIES AGREE THAT DUE TO THE NATURE OF THE SERVICES TO BE PROVIDED BY BSG, THE PAYMENTS TO BE MADE BY THE SUBSCRIBER FOR THE TERM OF THE SERVICES PART OF THIS AGREEMENT FORM AN INTEGRAL PART OF BSG'S ANTICIPATED PROFITS; THAT IN THE EVENT OF SUBSCRIBER'S DEFAULT IT WOULD BE DIFFICULT IF NOT IMPOSSIBLE TO FIX BSG'S ACTUAL DAMAGES. THEREFORE, IN THE EVENT SUBSCRIBER DEFAULTS IN ANY PAYMENT OR CHARGES TO BE PAID TO BSG, SUBSCRIBER SHALL BE LIABLE FOR ANY UNPAID INSTALLATION AND INVOICED CHARGES AND THE BALANCE OF ALL PAYMENTS FOR THE ENTIRE TERM HEREIN SHALL IMMEDIATELY BECOME DUE AND PAYABLE, AND SUBSCRIBER SHALL BE LIABLE FOR 80% THEREOF AS LIQUIDATED DAMAGES AND BSG SHALL BE PERMITTED TO TERMINATE ALL ITS SERVICES, INCLUDING BUT NOT LIMITED TO TERMINATING MONITORING SERVICE, UNDER THIS AGREEMENT AND TO REMOTELY RE-PROGRAM OR DELETE ANY PROGRAMMING WITHOUT RELIEVING SUBSCRIBER OF ANY OBLIGATION HEREIN.
If BSG prevails in any litigation or arbitration between the parties, Subscriber shall pay BSG’s legal fees. In any action commenced by BSG against Subscriber, Subscriber shall not be permitted to interpose any counterclaim. The parties agree that they may bring claims against the other only in their individual capacity, and not as a class action plaintiff or class action member in any purported class or representative proceeding. Subject to Subscriber’s right to bring any claim against BSG for up to $1,000 in small claims court having jurisdiction, any dispute between the parties or arising out of this agreement, including issues of arbitrability, shall, at the option of any party, be determined by arbitration before a single arbitrator administered by Arbitration Services Inc., under its Arbitration Rules at www.ArbitrationServicesInc.com, except that no punitive damages may be awarded. The arbitrator is authorized to conduct proceedings by telephone, video or by submission of papers. Service of process or papers in any legal proceeding or arbitration between the parties may be made by First-Class Mail delivered by the U.S. Postal Service addressed to the party's address in this agreement or another address provided by the party in writing to the party making service. Subscriber submits to the jurisdiction and laws of Texas and agrees that any litigation or arbitration between the parties must be commenced and maintained in the county where BSG’s principal place of business is located. The parties waive trial by jury in any action between them unless prohibited by law. Any action by Subscriber against BSG must be commenced within one year of the accrual of the cause of action or shall be barred. All actions or proceedings against BSG must be based on the provisions of this agreement. Any other action that Subscriber may have or bring against BSG in respect to other services rendered in connection with this agreement shall be deemed to have merged in and be restricted to the terms and conditions of this agreement, and this consent to arbitrate shall survive the termination of this agreement.
24. BSG'S RIGHT TO SUBCONTRACT SPECIAL SERVICES: Subscriber agrees that BSG is authorized and permitted to subcontract any services to be provided by BSG to third parties who may be independent of BSG, and that BSG shall not be liable for any loss or damage sustained by Subscriber by reason of fire, theft, burglary or any other cause whatsoever caused by the negligence of third parties, except that BSG shall not obligate Subscriber to make any payments to such third parties. Subscriber appoints BSG to act as Subscriber’s agent with respect to such third parties. Subscriber acknowledges that this agreement, and particularly those paragraphs relating to BSG's disclaimer of warranties, exemption from liability, even for its negligence, limitation of liability and indemnification, inure to the benefit of and are applicable to any assignees, subcontractors, manufacturers, vendors and central station of BSG.
25. FALSE ALARMS / PERMIT FEES: Subscriber is responsible for all alarm permits and fees, agrees to file for and maintain any permits required by applicable law and indemnify or reimburse BSG for any fines relating to permits or false alarms. BSG shall have no liability for permit fees, false alarms, false alarm fines, the manner in which police or fire department responds, or the refusal of the police or fire department to respond. In the event of termination of police or fire department response this agreement shall nevertheless remain in full force and Subscriber shall remain liable for all payments provided for herein.
26. FULL AGREEMENT / SEVERABILITY: This agreement along with the Schedule of Equipment and Services constitutes the full understanding of the parties and may not be amended, modified or canceled, except in writing signed by both parties, except BSG’s requirements regarding items of protection provided for in this agreement imposed by Authority Having Jurisdiction. Subscriber acknowledges and represents that Subscriber has not relied on any representation, assertion, guarantee, warranty, collateral agreement or other assurance, except those set forth in this Agreement. Subscriber hereby waives all rights and remedies, at law or in equity, arising, or which may arise, as the result of Subscriber’s reliance on such representation, assertion, guarantee, warranty, collateral agreement or other assurance. Should any provision of this agreement be deemed void, the remaining parts shall not be affected. This agreement shall run concurrently with and shall not terminate or supersede any existing agreement between the parties unless specified herein.
27. SUBSCRIBER RELOCATION/PROVE YOU MOVE POLICY: Subscriber understands and agrees to pay for all service charges and expenses related to relocation or removal of installed schedule of equipment listed in this agreement as listed in the above section 24 of this agreement. BSG will not be obligated to relieve subscriber from all equipment cost or charges in the event of early termination request of this agreement due to moving inside of the BSG service area. In the event subscriber obligated by this agreement must move from the address covered within this agreement BSG will relocate the listed schedule of equipment covered in this agreement with a written 30 day advance notice request from the subscriber listed in the agreement above. In the event the subscriber listed in the agreement above is required to move outside the BSG service area BSG will allow for early termination of the agreement with no penalties providing subscriber is able to prove they are selling or terminating their lease. Documents such as a relocation letter, military orders, or copy of a moving company agreement will be acceptable forms of proof the said subscriber obligated by this agreement. BSG will only accept and relieve subscribers under this policy if provided in writing 30 days prior to the actual moving date of the subscriber. BSG will not be responsible for expenses or financial obligations entered into on behalf of the subscriber listed in this agreement.
28. TEXAS PROPERTY CODE NOTICE: This agreement may be subject to Chapter 27 of the Texas Property Code. The provisions of that chapter may affect your right to recover damages arising from the performance of this agreement. If you have a complaint concerning a construction defect arising from the performance of this agreement and that defect has not been corrected through normal warranty service, you must provide the notice required by Chapter 27 of the Texas Property Code to the contractor by certified mail, return receipt requested, not later than the 60th day before the date you file suit to recover damages in a court of law or initiate arbitration. The notice must refer to Chapter 27 of the Texas Property Code and must describe the construction defect. If requested by the contractor, you must provide the contractor an opportunity to inspect and cure the defect as provided by Section 27.004 of the Texas Property Code.
NOTICE OF CANCELLATIONYOU, 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 ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.
AUTO PAYMENTS / NSF: I understand this authorization will remain in effect until I cancel it in writing, and I agree to notify BSG in writing of any changes in my account information or termination of this authorization at least 15 days prior to the next billing date. I understand that because this is an electronic transaction, these funds may be withdrawn from my account as soon as the above noted periodic transaction dates. In the case of an ACH transaction being rejected For Non-Sufficient Funds (NSF) I understand that BSG may at its discretion attempt to process the charge again within 30 days, and agree to additional $25.00 charge for each attempt returned NSF which will be initiated as a separate transaction from the authorized recurring payment. I acknowledge that the origination of ACH transactions to my account must comply with the provisions of U.S. law. I agree not to dispute this recurring billing with my bank so long as the transactions correspond to the terms indicated in this authorization form.
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Document Name: BSG Service Agreement
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