INSURANCE STATEMENT:
Armor Security Inc. is not an Insurance Provider.
It is understood and agreed that Armor Security Inc. is not an insurer, that insurance, if any, shall be obtained by Customer, that the payments provided herein are based solely on the value of the service as set forth herein and are unrelated to the value of the customer's vehicle, property or the property of others located in the customer's vehicle; that Armor Security Inc. makes no guarantee or warranty, including any implied warranty of merchantability of fitness that the equipment or services supplied will avert or prevent loss by theft or any other cause ,or the consequences there from, and that Armor Security Inc. shall not be held liable for such loss. Customer acknowledges that it is impractical and extremely difficult to fix the actual damages, if any which may proximately result from Armor Security Inc.'s failure to perform its obligation or the failure of the system to properly operate with resulting loss to Customer because of, among other things: (a) That uncertain amount of value of Customer's vehicle, properly or the property of others kept in the vehicle which may be lost, stolen, destroyed, damaged, or otherwise affected by occurrences which the system or service is purported to detect or avert; (b) The uncertainty of the response time of any police department, should the police department be dispatched as a result of a signal being reviewed; (c) The inability to ascertain what portion, if any, of any loss would be proximately caused by Armor Security Inc.'s failure to perform or by failure or malfunction of its equipment; (d) The nature of the service to be performed by Armor Security Inc.. Customer understands and agrees that if Armor Security Inc. should be found liable for personal injury or property loss or damage due from a failure of Armor Security Inc. to perform any of its obligation, including but not limited to installation, monitoring or service of the failure or malfunction of the system or equipment in any respect whatsoever, Armor Security Inc.'s liability shall be limited to a sum equal to the total of six monthly payments or TWO HUNDRED FIFTY ($250.00) dollars, whichever is lesser and this liability shall be exclusive: and that the provision of this section shall apply if loss or damage, irrespective of cause or origin, results directly or indirectly to persons or properly, from performance or non-performance of any obligation, breach of express or implied contract or warranty, or from negligence, active or otherwise, of Armor Security Inc., its agents, assigns or employees. Customer acknowledges that the system is as requested and is suitable to his purpose and unless defects or omissions are called to Armor Security Inc.'s attention, in writing upon completion of installation, accepts the system as is, Customer acknowledges that additional protection may be obtained at additional cost. Armor Security Inc. makes no guarantees, representation, or warranty including that of merchantability or fitness for particular purpose. There are no warranties which extend beyond the description of the face hereof. Customer warrants that he has the Authority to engage the services of Armor Security Inc. for the services to be provided. I have read and understood all the terms and conditions on both sides of this contract.
Customer Name ______________________________________________________
Signed _____________________________________________ Date_____________
Service/Coverage Limitations
Although our service is quite comprehensive, there can be gaps in wireless service areas. Tracking services may not be available from time to time due to issues including, but not limited to, internet outages and server maintenance. Customer accepts Armor Security's service with these limitations. Armor Security is not responsible for interruptions in service that are outside of the reasonable control of Armor Security or the network service provider.
Customer is responsible for paying all charges for or resulting from services provided under this agreement. CUSTOMER MUST WITHIN 60 DAYS OF THE DATE OF THE BILL, NOTIFY US IN WRITING AT: Armor Security, 311 W. Trinity St. Forney, TX 75126 OF ANY DISPUTE CUSTOMER HAS WITH RESPECT TO THE CHARGE, INCLUDING ANY SERVICE ARMOR SECURITY PROVIDED FOR WHICH CUSTOMER WAS BILLED, OR CUSTOMER WILL HAVE WAIVED CUSTOMER'S RIGHT TO DISPUTE THE BILL OR SUCH SERVICES AND TO BRING, OR TO PARTICIPATE IN, ANY LEGAL ACTION RAISING ANY SUCH DISPUTE.
Charges include, without limitation, recurring monthly service; and applicable taxes and government fees, whether assessed directly upon Customer or upon Armor Security. Except as provided below, monthly service and certain other charges are billed one month in advance and there is no prorating of such charges if service is terminated on other than the last day of Customer's billing cycle. Customer agrees to pay for data services sent to and from Customer's Equipment. If Customer's device (“Equipment”) is lost or stolen, Customer will be responsible for all charges incurred on Customer's SIM card until Customer reports the theft or loss to us. After Customer reports the theft or loss to us, Customer remains responsible for complying with Customer's obligations under this agreement, including, but not limited to, payment of Customer's monthly service fee. Customer also remains responsible for paying Customer's monthly service fee if Customer's service is suspended for nonpayment.
Armor Security may change any terms, conditions, rates, fees, expenses, or charges regarding Customer's service at any time. Armor Security will provide Customer with notice of such changes. IF ARMOR SECURITY INCREASES THE PRICE OF ANY OF THE SERVICES TO WHICH CUSTOMER SUBSCRIBES, ARMOR SECURITY WILL DISCLOSE THE CHANGE AT LEAST ONE BILLING CYCLE IN ADVANCE (THROUGH A NOTICE TO CUSTOMER'S BILLING ADDRESS OF RECORD).
Customer authorizes Armor Security to provide information about and to make changes to Customer's account, including adding new service, upon the direction of any person able to provide information Armor Security deems sufficient to identify Customer.
Customer's equipment must be compatible with, and not interfere with, our service, and must comply with all applicable laws, rules and regulations. Armor Security may periodically program Customer's Equipment remotely with system settings and other features that cannot be changed manually. Equipment purchased for use on our service may not function on other services. Customer AGREE TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE, LOCAL, AND FOREIGN LAWS, RULES AND REGULATIONS REGARDING THE USE OF THE EQUIPMENT AND THE SERVICE PROVIDED BY ARMOR SECURITY.
Either party may terminate this agreement at any time. If Customer cancels Customer's subscription, Customer's final payment after cancellation will not be prorated, but Customer will still have service until 30 days after Customer's last payment was accepted. Non-payment will result in immediate termination of Customer's account. Armor Security may terminate this Agreement at any time without notice and for any reason. Armor Security may interrupt or terminate Customer's service without notice for any conduct that Armor Security believes violates this Agreement or any term and conditions of Customer's plan, or if Customer behaves in an abusive, derogatory or similarly unreasonable manner with any of our representatives, or if Armor Security discovers that Customer is under-age, or if Customer fails to make all required payments when due or if Armor Security has reasonable cause to believe Customer's Equipment is being used for an unlawful purpose or in a way that may adversely affect our service, or if Customer provided inaccurate credit information.
Service may be interrupted, delayed or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers. Armor Security may, but does not have the obligation to, refuse to transmit any information through the Service and may screen and delete information prior to delivery of that information to Customer. There are gaps in service within the service areas shown on coverage maps, which, by their nature, are only approximations of actual coverage.
ARMOR SECURITY DO NOT GUARANTEE CUSTOMER UNINTERRUPTED SERVICE OR COVERAGE. ARMOR SECURITY MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR PERFORMANCE REGARDING ANY SERVICES OR GOODS.
Notwithstanding the forgoing, if Customer's service is interrupted for 24 or more continuous hours by a cause within our control, Armor Security will issue Customer, upon request, a credit equal to a pro-rata adjustment of the monthly service fee for the time period Customers service was unavailable, not to exceed the monthly service fee. Our liability to Customer for service failures are limited solely to the credit set forth above. Armor Security will not be liable for any indirect, special, punitive, incidental or consequential losses or damages Customer or any third party may suffer by use of, or inability to use, Service or Equipment provided by or through Armor Security, including loss of business or goodwill, revenue or profits, or claims of personal injuries. To the full extent allowed by law, Customer hereby releases, indemnifies, and holds Armor Security and its officers, directors, employees and agents harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, service provided by Armor Security or any person’s use thereof or of the Equipment, INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF ARMOR SECURITY, or any violation by Customer of this agreement. This obligation shall survive termination of Customer's service with Armor Security. Armor Security is not liable to Customer for changes in operation, equipment, or technology that cause Customer's Equipment or software to be rendered obsolete or require modification. THIS AGREEMENT GIVES CUSTOMER SPECIFIC LEGAL RIGHTS AND CUSTOMER MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Customer Name ______________________________________________________
Signed _____________________________________________ Date_____________
Armor Security Inc. Representative ________________________________________
Signed_____________________________________________ Date______________