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 sel