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Monitoring Services Agreement
This agreement, made this _____ day of __________________ , 20 ____ by and between Lonestar Security, and Customer Name __________________ Address ______________ (hereinafter called Customer)
Lonestar Security agrees to provide burglar alarm monitoring and notification services to Customer as set forth in this agreement.
Customer agrees that Monitoring Charges are payable in advance at $32.50 per month plus tax and activation, payable as follows: $59.95 alarm activation fee (This is also charged for any necessary reactivation, reassignment or relocation) $32.50 plus tax Monthly. The term of this agreement is for 36 months, and then thereafter shall automatically renew for 12 month period until terminated in writing at least 30 days prior to the expiration of the period. Lonestar Security shall have the right to increase monthly service rates after the initial term of this agreement with a 30 day notice of intentions. Customer agrees to pay any FALSE ALARM ASSESSMENTS, Taxes, Fees, or other charges imposed by any Governmental Entity or utility including any Telecommunications Company. Customer understands that charges are imposed for services rendered.
INSURANCE STATEMENT:
Lonestar Security is not an Insurance Provider. It is understood and agreed that Lonestar Security 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 property or the property of others located on the customer's premises; that Lonestar Security 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 burglary, fire or any other cause ,or the consequences there from, and that Lonestar Security 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 Lonestar Security'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 properly or the property of others kept on the premises which may be lost, stolen, destroyed, damaged, or otherwise affected by occurrences which the system or service is designed to detect or avert; (b) The uncertainty of the response time of any police or fire department, should the police or fire department be dispatched as a result of a signal being received or an audible device sounding; (c) The inability to ascertain what portion, if any, of any loss would be proximately caused by Lonestar Security's failure to perform or by failure or malfunction of its equipment; (d) The nature of the service to be performed by Lonestar Security. Customer understands and agrees that if Lonestar Security should be found liable for personal injury or property loss or damage due from a failure of Lonestar Security 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, Lonestar Security'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 Lonestar Security, its agents, assigns or employees. Customer acknowledges that the system installed is as requested and is suitable to his purpose and unless defects or omissions are called to Lonestar Security's attention, in writing upon completion of installation, accepts the system as is, Customer acknowledges that additional protection may be obtained at additional cost. Lonestar Security 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 is not under contract with any other monitoring company and, has the Authority to engage the services of Lonestar Security 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_____________
Lonestar Security Representative __________________________ Signed____________________________ Date______________
TERMS AND CONDITIONS
1. RECEIPT OF COPY: Customer acknowledges receipt of a copy of this agreement.
2.
A: AUTHORIZATION: Customer authorizes Lonestar Security to make request for information, services, orders and/or equipment in any respect on behalf of Customer to a telephone company or other entity providing facilities or services for the purpose of transmission of signals under this agreement.
B: DIGITAL COMMUNICATOR: If connected to the Central Station by Digital Communicator, the Customer agrees to provide a connection via a registered telephone jack to a telephone required for the equipment. Such connection shall be electrically first before any other telephone or Customer equipment, and shall be within 10 feet or the Control Panel. If requested by the Customer, Lonestar Security will provide such connection at additional cost to the Customer. The Customer understands that if a digital communicator is installed under this agreement, it uses standard telephone lines for transmission of the alarm signal to the Central Station and that the Central Station does not receive signals when the transmission mode is or becomes non-operational and that signals from the digital communicator cannot be received if the telephone line is cut, interfered with or otherwise defeated or damaged.
C: BACK UP/REDUNDANT SIGNALING: Customer is advised that all communication between the alarm equipment and the Central Station may be circumvented by various methods including failure of the equipment, failure of the telephone network, or cellular phone line failure, as well as conditions over which the central station has no control and/or knowledge. Customer understands that the Lonestar Security does not receive signals when the transmission mode is non-operational.
3. ERRORS IN INSTALLATION:
Errors or omissions in installation of said system, including but not limited to wire points of detection, shall be called to the attention of the Lonestar Security by Customer in writing upon completion of the installation and the system provided shall be deemed accepted. Other devices may be obtained at additional charge to the Customer.
4.
A: SERVICE AND PARTS: Most parts carry a warranty by the manufacturer which is passed to the Customer. Equipment damaged by customer or by vandalism, lighting, flood, fire, or other acts of God are chargeable to the Customer.
B. SERVICE CALLS: Normal service hours are 9:00 a.m. to 5:00 p.m. Monday through Friday. Calls made after hours, weekends or holidays may be charged at the discretion of Lonestar Security at after hours or holiday rates, emergency service calls will be handled twenty four (24) hours a day.
C. MAINTENANCE AGREEMENTS: If the Customer has a maintenance agreement, Lonestar Security upon request will provide ordinary maintenance and repair due to normal wear. Managed equipment, acts of God, using for other than intended purpose, vandalism, misuse, moving or relocation of equipment, non- Lonestar Security installed equipment, batteries, security screens, exterior mounted devices, telephone equipment, alterations to the system, inspections and investigations are NOT covered by maintenance or warranty.
5. AUTHORIZED PERSONNEL: Customer agrees to furnish to Lonestar Security a list of names, titles, residence addresses and phone numbers of all persons authorized to enter premises of the Customer. In addition, Customer agrees to furnish a Call list based upon the telephone numbers to contact in the event that an alarm signal is received. This information is important and must be kept current by the Customer.
6. In the event an alarm signal is acknowledged, Lonestar Security will endeavor to notify the appropriate police or fire department and a representative of the Customer. In the event that a supervisory or trouble signal is acknowledged at the Central Station, Alarm Company will endeavor to notify a representative of the Customer. It is the responsibility of the customer to keep this call list up to date.
7. CUSTOMER AUTHORIZES LONESTAR SECURITY to cause the investigation or the arrest of any person or persons on or around the premises during the scheduledclosed periods and to hold such person or persons until released by the Customer or his known authorized representative and Customer indemnifies Lonestar Security against any liability or expense of the arrest.
8. CUSTOMER RESPONSIBILITY: Customer shall carefully and properly set the burglar alarm system immediately prior to the closing of the premises and to carefully test the system weekly during the term of this Agreement. In the event any defect in the operation of the system develops, Customer shall promptly notify Lonestar Security and Lonestar Security will repair such defective condition as soon as possible after the receipt of the notice from the Customer. Failure to notify Lonestar Security does not release Customer of Contract Terms.
9. SUSPENSION OR CANCELLATION OF THIS AGREEMENT: This agreement may be suspended or cancelled without notice and without liability or penalty, at the option of Lonestar Security in the event central station connection wires, or other equipment is destroyed by fire, other catastrophe or by any other means, or is so substantially damaged that it is impractical to continue service, or is so substantially damaged that it is impractical to continue service, or in the event that Lonestar Security is unable to either secure or retain the connections or privileges necessary for the transmission of signals between Customer's premises and Lonestar Security central station and the police and fire departments for any reason whatsoever.
10. CUSTOMER CANCELLATION CLAUSE: In the event the Customer moves, then he may cancel Lonestar Security's system by taking the following steps: In writing, notify Lonestar Security of your intention and submit an amount equal to 50% of the remaining term for not completing the contract, Alternately, the system may be moved by Lonestar Security to a new location at a minimum labor charge with reconnection. Customer may not cancel this agreement by any other means or reason whatsoever.
11. ALARM COMPANY'S OBLIGATION: Lonestar Security's obligation hereunder relates solely to the servicing of the specified alarm and Lonestar Security is in no way obligated to maintain, repair or service or to assure the proper operation of the system or any device or devices of the Customer or others to which Lonestar Security may be attached or connected nor to repair or redecorate any portion of the Customer's premises upon removal of all or part of the Lonestar Security System even if system should be removed due to non-payment.
12. CUSTOMER ACKNOWLEDGES that Lonestar Security has no knowledge of and cannot detect existence of hidden pipes, wires or other obstructions within the walls or other concealed spaces and that is the Customer's obligation to make Lonestar Security aware of such conditions. Failure to do so shall relieve Lonestar Security of any responsibility whatsoever for any damage that may be caused.
13. LIMITED WARRANTY: Lonestar Security agrees to replace or repair any part of the alarm system during normal business hours, 9:00 a.m. to 4:30 p.m. Monday through Friday except Holidays for a period of ONE YEAR of the date of installation which proves to be defective material or workmanship. This warranty does not cover damage caused by the negligence or misuse by Customer or any third party, or by fire, flood, or acts of God. Failure of the Customer to properly close or secure a protected point is treated as a billable service call. Repairs necessitated by reason of non-warranted acts will be made at the prevailing rate for a service charge plus materials. In no event shall Lonestar Security be held liable for incidental or consequential damages.
14. INDEMNIFICATION: In the event any person, not a party to this agreement shall make any claim or file any lawsuit against Lonestar Security for any reason whatsoever, including but not limited to the installation, service, operation, or non-operation of the alarm system, Customer agrees to indemnify, defend and hold Lonestar Security harmless from any and all claims and lawsuits including the payment of all damages, expenses, costs and attorney's fees whether these claims be based upon alleged intentional conduct, active or passive negligence or strict or product liability on the part of Lonestar Security, its agents, servants, or employees.
15. ATTORNEY'S FEES: In the event it shall become necessary for Lonestar Security to institute legal proceedings to collect the cost of installation or the monthly service charges as set forth herein, the prevailing party shall be entitled to reasonable attorney's fees.
16. DISTURBING CONDITIONS: Where any device is supplied, which is affected by turbulence of air or other disturbing conditions, Customer agrees to turn off or remove all things, animals or inanimate, including but not limited to all forced air heaters, animated display signs, animals, covering or chemical vats and other source of air turbulence or movement which may interfere with the effectiveness of the system during the closing periods while alarm system is on.
17. POWER AND TELEPHONE SERVICE FAILURE: In the event of a power or telephone service failure or other interruption at customer's premises, Customer shall immediately notify Lonestar Security.
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A. This agreement is not assignable by Customer unless such assignment shall be consented to in writing by Lonestar Security.
B. Lonestar Security shall have the right to assign this agreement or subcontract its obligations under this agreement without notice to the Customer.
C. Lonestar Security assumes no liability for delays in installation of the equipment, or for interruptions of service due to strike, riots, floods, fires; Acts of God, or any causes beyond the control of Lonestar Security, and will not be required to supply service to the Customer while interruptions of service due to any such cause shall continue.
D. If any of the provisions of this Agreement shall be determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
E. ENTIRE AGREEMENT:
Customer acknowledges that he is aware that no alarm system can guarantee prevention of loss, that human error on the part of Lonestar Security or authorities is always possible, and that signals may not be received if the transmission mode is not working. This agreement is the Entire agreement between the Customer and Lonestar Security. In executing this agreement, Customer is not relying on any advice or Advertisement of Lonestar Security. Any representation, promise condition, inducement or warranty express or implied not included in writing as part of this agreement shall not be binding upon any party and that the terms and conditions hereof apply as printed without alteration except as specifically modified in writing. The terms and conditions of this agreement shall govern notwithstanding any inconsistent or additional terms submitted by customer.
No Monitoring is Done except under these Terms.
Customer Signature_____________________________________________________
Lonestar Security 10011 Cimarron Trail Forney, TX 75126 972-757-1250 Texas License #B04171201 
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