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Professional Monitoring
Professional Monitoring Services Agreement
Professional Monitoring Services Agreement
C
Written by Cath Smith
Updated over a week ago

The Company may offer, from time to time in its sole discretion, a monitoring service in connection with use of the Sites and the Products or one or more third party hardware providers.


Monitoring service consists solely of monitoring service personnel ("Operator") communicating electronically with first responders or calling by telephone the telephone numbers supplied by you in writing or electronically for the police, sheriff, fire, medical, ambulance, guard, patrol and response services, and other governmental, quasi-governmental, private or volunteer agencies, departments and organizations (collectively, "First Responders") and persons identified by you as your emergency contacts (the "Call List") within a reasonable period of time under the circumstances at the monitoring facility and the priority of the signals which are identified in writing ("Listed Codes") or video images which, in the Operator's sole and absolute discretion, clearly and conspicuously reveal the necessity for monitoring services appear on the Operator's computer screen at the monitoring facility or when voice communication requesting assistance is received by an Operator from you or from the Premises (collectively, "Monitoring Services").


Monitoring Services may also be provided when we relay information delivered to us via an automatic computer-initiated signal (i.e., an API call) when an alarm is triggered. No monitoring service shall be rendered for voice communication which does not request assistance or for video images which do not clearly and conspicuously reveal the necessity for monitoring service.


In the event a signal is received at the monitoring facility which is not a Listed Code, you agree that Company's sole duty and obligation is for Company to log the signal. If the premises is located in a jurisdiction requiring a personal verified on-site response ("Verified Response") prior to dispatching a First Responder, it is your sole responsibility to engage a service to provide such Verified Response. All fees, costs and expenses in connection with verified response shall be borne by you only.


Notwithstanding anything contained herein to the contrary, (a) upon receipt of a Listed Code or video images and prior to communicating electronically or by telephone to First Responders or the Call List, Company may, in its sole and absolute discretion and without any liability, attempt to telephone the premises or attempt to contact you through telephone, electronic mail, text message or other similar means of communication at numbers or addresses provided by you or dealer in writing, as frequently as Company deems appropriate to verify the necessity to report the receipt of a Listed Code or video images to First Responders or the Call List, and (b) upon the receipt of an abort code or oral or electronic advice to disregard the receipt of a listed code or video images from you or any of your personal contacts on the Call List, all of whom have your authority and consent to direct Company to disregard receipt of a Listed Code, Company may, in its sole and absolute discretion and without any liability, refrain from contacting First Responders or the Call List or advise anyone previously notified of a Listed Code or video images of receipt of an abort code or oral or electronic advice to disregard the receipt of the listed code or video images.


Company's efforts to notify First Responders or the Call List shall be satisfied by advice electronically or by telephone to any person answering the telephone at the telephone number(s) provided to Company in writing or by leaving a message with a telephone answering service or any mechanical, electrical, electronic or other technology permitting the recordation of voice or data communications.


You acknowledge and agree that (i) all software, hardware, firmware, codes, signals, audio and voice communications, video images, information and documentation arising out of or from, in connection with, related to, as a consequence of or resulting from this Agreement or the services (collectively, the "IP Property") are the sole and exclusive property of Company or its subcontractor(s) and you have no rights whatsoever in any of the IP Property, and (ii) Company shall have the right in its sole and absolute discretion to destroy, delete, erase, etc. (collectively, "Destruction") the IP Property at any time without notice to you; provided, that upon your written request to retain any specific IP Property being received by Company prior to the Destruction of the IP Property, Company shall use commercially reasonable efforts to store the specific IP Property as requested by you on the condition precedent that you pay all fees, costs and expenses related to your request.


Company may, in its sole and absolute discretion, subcontract for the provision of services under this Agreement. You agree that the provisions of this Agreement inure to the benefit of and are applicable to any subcontractors engaged by Company to provide any monitoring service to you, and bind you to said subcontractor with the same force and effect as they bind you to Company. You, for yourself and as the authorized agent of each person on your Call List from time-to-time, consent to Company calling each such person's cell phone or other mobile device.


Consent to Intercept, Record, Disclose and Use Contents of Communications. You, for yourself and as the authorized agent of your family, guests, agents, servants, representatives and employees (individually and collectively, "any person"), hereby consent to Company intercepting, recording, retrieving, reviewing, copying, disclosing and using the contents of all telephone, video, wire, oral, electronic, internet, broadband and other forms of transmission or communication to which Company and you or any person are parties.


Medical Emergency Signal. You acknowledge and agree that Company's sole responsibility upon receipt of a medical emergency signal transmitted from the system is to call by telephone the medical assistance providers as directed by you. You understand and agree that Company and representatives are hereby released from all liability due to active or passive sole, joint or several negligence of any kind or degree of Company or representatives which you, or anyone claiming through you, in any way might or could claim against Company or representatives based upon, arising out of or from, in connection with, resulting from, related to or as a consequence of Company's failure or improper dispatch of medical assistance providers.


Video Systems. If the system transmits video images, you shall (i) provide and maintain adequate power and lighting for all cameras or other video-related equipment; (ii) inform all persons on the premises that they may be monitored by video; (iii) not use or permit the use of video installed where any person may have a reasonable expectation of privacy; (iv) use broadband connectivity exclusively to transmit video images from the system; (v) use the video system for security surveillance and management services only; (vi) not use the video system for any criminal, illegal, or otherwise unlawful activity; and (vii) obtain and keep in effect all permits or licenses required for the installation and operation of the video system. You understand and agree that (i) a video system enables Company to record, store and review images of the interior of the premises and the area outside of the premises, and (ii) video with audio capability enables Company to record, store and review oral communications from in and outside of the premises. You hereby agree, authorize and consent to Company recording, storing and reviewing video images and oral communications transmitted from the video system at the premises. Monitoring service in connection with the receipt of video images at Company's monitoring facility consists solely of Operator communicating electronically or calling by telephone the proper authorities within a reasonable period of time under the circumstances at the monitoring facility (including, without limitation, the priority of all signals and video images received by the monitoring facility) after video images which, in the Operator's sole and absolute discretion, clearly and conspicuously reveal the necessity for monitoring service appear on the Operator's computer screen at the monitoring facility; provided, that the Operator shall not be required to view the video images more than one time as the video images appear on the Operator's computer screen.

Notwithstanding anything in the Agreement to the contrary, Company's obligation to perform monitoring service in connection with any listed code received from any intrusion detection system at the premises is conditioned on (i) receipt of video images from the video system related to the listed code, and (ii) Operator's determination, pursuant to this section, of whether to communicate electronically or call by telephone First Responders or the Call List.


**Email Notice. **In the event you elect to receive automatic email notice of certain system events, e.g., the arming or disarming of the system, you acknowledge, understand and agree that (i) any such notice is conditioned on (a) receipt of the data at Company's central station, (b) the proper operation of communication equipment, services, systems and networks including, without limitation, the internet, and (c) any failure, malfunction or delay in processing or transmitting the data by Company's equipment or software, and (ii) Company is hereby released from any liability arising out of or from, resulting from or in connection with the failure, malfunction or delay of any such notice for any reason, including Company's or representative's sole, joint or several negligence of any kind or degree.


Consent to Call Subscriber and Call List. You, for yourself and as the authorized agent of each person on your Call List from time-to-time, consent to Company calling each such person's cell phone or other mobile device.


Limitation on Actions. No action, regardless of form or substance, arising out of this Agreement or the performance or nonperformance of any of the parties' obligations hereunder may be brought more than one (1) year after a party knew or should have known of the occurrence of the event giving rise to such cause of action.


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