Help Me Call ltd. TERMS & CONDITIONS
That for the considerations and covenants hereinafter specified, the parties hereto, their heirs, successors and assigns do mutually covenant and agree as follows:
1. Help Me Call ltd. (hereinafter the "Company") agrees to furnish and preprogram a Personal Emergency Reporting System (hereinafter the "System") for the System Purchaser and/or System User (hereinafter the "Subscriber(s)") and to monitor same on the terms and conditions herein provided. If System Purchaser and System User are not the same person, Purchaser represents that he/she/it is an authorized agent of the System User for the purposes of this agreement, and has full authority to bind the User to the terms set forth herein.
2. COMMENCMENT OF MONIORING SERVICE: The monitoring service will commence as soon as installation of the System is accomplished, and the System is tested with Central Station. The first month of monitoring is charged upon initial transaction, monthly payments will begin six weeks after the date the system is purchased or leased by the Subscriber(s), except if monitoring is paid one year in advance.
3. RENEWAL: This contract will automatically renew from month-to-month unless either party gives written notice of its intent to cancel. Subscriber(s) may give written notice of intent to cancel by logging on to the Company website and selecting the Contact US page, choose appropriate department and send an E-mail, afterwards you will receive a confirmation E-mail along with a link that will take you to the appropriate page, then choose "Cancel Subscription" option to stop your payments. There is a three month minimum for monitoring service if the System has been purchased and a six month minimum for monitoring if the System is leased. A Subscriber(s) is entitled to a refund for any unused, prepaid, monitoring service greater than 30 days. On a leased System, all the equipment must be returned in good working order. Failure to return all leased equipment in good working condition will result in a charge of $199.95.
4. FORCIBLE ENTRY: Subscriber(s) hereby authorize the Company, in its sole discretion, to notify and authorize the use of forcible entry to gain access to Subscriber(s) premises in the event the System emits a signal to the Central Station and the Subscriber(s) does not answer telephone or cannot be heard through the unit's microphone. Subscriber(s) do hereby release and discharge the Company from any and all loss, cost, damage or liability whatsoever resulting from the use of forcible entry.
5. MEDICAL OR RELATED EXPENSES: In the event the Subscriber(s) utilizes the System by giving the Central Station a signal, the Subscriber(s) does hereby authorize the Company to obtain or attempt to obtain medical or emergency assistance. The Subscriber(s) shall be obligated for, and agrees to pay, any costs and expenses incurred for medical or emergency services including, but not limited to, ambulance, physician or other medical personnel, emergency room, hospital, medical supplies, and medical or other equipment utilized in rendering or attempting to render assistance to the Subscriber(s). Subscriber(s) agrees to hold Company harmless from any such expenses or charges.
6. OBLIGATION OF
SUBSCRIBER(S) TO UPDATE SYSTEM USER DATA INFORMATION: To enable the Company
to provide service, the Subscriber(s) must communicate in writing (
7. REQUIRED EQUIPMENT: The Subscriber(s) at the location of the System agrees to supply on a continuing basis, 24-hour 110 volt circuits as required to power the System, and appropriate telephone service or any other equipment that may be deemed necessary by the Company. The Company shall not be responsible for any costs for parts and/or labor associated with adapting the Subscriber(s) telephone systems for use with the System. If the Subscriber(s) changes phone service to Voice Over Internet Protocol (VOIP) or anything other than a traditional land line carrier, Help Me Call ltd. must be notified and a test signal must be sent after conversion. Help Me Call ltd. is not responsible for interruptions in service due to failure by any third party providers of electric or telephone service.
8. INTERRUPTIONS IN SERVICE: The Company assumes no liability for delays in equipment installation, interruption of services due to strikes, riots, floods, fires, acts of God, mechanical or electrical equipment failures, or any cause beyond the control of the Company, and will not be required to supply service while said interruption may continue.
9. MISUSE AND ABUSE OF SYSTEM: In the event the Subscriber(s) violates any part of this agreement, misuses or damages the System, or negligently or intentionally causes an excessive number of false alarms, the Company may suspend all service and terminate this agreement upon giving thirty (30) days written notice to the Subscriber(s).
10. NO WARRANTY OR REPRESENTATION: THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM MAY NOT BE COMPROMISED OR CIRCUMVENTED OR THAT THE SYSTEM WILL PREVENT PERSONAL INJURY, LOSS OF LIFE OR PROPERTY, OR DAMAGE, OR THAT THE SYSTEM WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT IS INTENDED. THE COMPANY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE SUBSCRIBER(S) HAVE NOT RELIED UPON ANY REPRESENTATION OR WARRANTY. THE SUBSCRIBER(S) ACKNOWLEDGE THAT ANY AFFIRMATION OF FACT OR PROMISE MADE BY THE COMPANY OR ITS AGENTS, SERVANTS OR EMPLOYEES SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY UNLESS INCLUDED IN THE AGREEMENT IN WRITING.
11. TESTING OF THE SYSTEM: The parties hereto agree that the equipment is in the exclusive possession and control of the Subscriber(s) and that it is the Subscriber(s) sole responsibility to test the operation of the equipment and to notify the Company, in writing, if any equipment is in need of repair or service. The Company shall not be required to service the equipment unless it has received such written notice from the Subscriber(s). The Subscriber(s) further acknowledges that the System may be dependent upon the proper functioning of a battery. If the battery needs service, the Subscriber(s) must notify the Company in writing. The Company shall have a period of seventy-two (72) hours after such written notice within which to provide service exclusive of weekends and holidays. In the event Subscriber(s) moves the System from the location where it is originally installed, or in case any utility such as the telephone company or power supplier makes any repair or interrupts service, Subscriber(s) agrees to immediately notify the Company of any Subscriber(s) Data Information Updates and to retest the System, as hereinabove provided, without delay. Also, a new Central Station Agreement must be signed if Subscriber(s)moves the System to another Address.
12. SELF-PROTECTION/SUBSCRIBER(S) DUTIES: The Subscriber(s) understand that the System is used to help the Subscriber(s) protect his or her person. It does not assure, insure, or guarantee such protection. Subscriber(s) is encouraged to, and agrees whenever practical to, use all other safety and medical devices and techniques available to the Subscriber(s) for such protection. Available devices and techniques are too numerous to list, but include (a) basic health precautions; and (b)adherence to physicians' directions and recommendations.
13. SYSTEM USE/SUBSCRIBER(S) DUTIES: The Subscriber(s) understands that certain laws, rules, regulations and ordinances imposed by governmental authorities, utilities, businesses, homeowners associations, and/or other entities may affect the Subscriber(s) rights in relation to the installation and service of the System. The Subscriber(s) agrees to obtain and maintain in current status all licenses or permits or other authorizations necessary for the installation and use of the System. The Subscriber(s) shall carefully use the System and instruct all members of his household and other potential users in the proper use of the System.
14. PHYSICAL RESPONSE: The Subscriber(s) is advised that certain areas of the country have in existence requirements that when an alarm monitoring service reports a personal emergency alarm to a responding agency, that it must also report such alarm to an entity available twenty-four hours each day which is contractually obligated to respond to the emergency within one hour or within another designated time.
15. SUBSCRIBER(S) AGREES AND UNDERSTANDS: (a) THAT COMPANY IS NOT AN INSURER AND THAT INSURANCE COVERING PERSONAL INJURY OR DEATH, AND REAL OR PERSONAL PROPERTY LOSS OR DAMAGE IN, ABOUT OR TO THE PREMISES, MAY BE OBTAINED BY THE SUBSCRIBER(S); (b) THAT COMPANY MAKES NO GUARANTEE, REPRESENTATION OR WARRANTY INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (c) THAT THE EQUIPMENT AND SERVICES ARE DESIGNED TO REDUCE, BUT NOT ELIMINATE, CERTAIN RISKS OF LOSS AND THAT THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT EITHER NO LOSS OR DAMAGE WILL OCCUR OR THAT DECREASED LOSS OR DAMAGE WILL OCCUR; (d) THAT COMPANY IS NOT LIABLE FOR ANY LOSS OR DAMAGE WHICH MAY OCCUR PRIOR TO, CONTEMPORANEOUS WITH, OR SUBSEQUENT TO THE EXECUTION OF THIS AGREEMENT EVEN IF DUE TO THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF COMPANY OR ITS AGENTS, SERVANTS, EMPLOYEES, SUPPLIERS OR SUBCONTRACTORS, OR DUE TO THE IMPROPER PERFORMANCE OF AND/OR FAILURE TO PERFORM OF THE EQUIPMENT, OR BREACH OF CONTRACT, EXPRESS OR IMPLIED, OR BREACH OF WARRANTY, EXPRESS OR IMPLIED, OR BY LOSS OR DAMAGE TO FACILITIES NECESSARY TO OPERATE THE SYSTEM OR ANY CENTRAL STATION; (e) THAT SHOULD THERE ARISE ANY LIABILITY ON THE PART OF THE COMPANY FOR PERSONAL INJURY AND/OR PROPERTY DAMAGE, WHICH IS IN CONNECTION WITH, ARISES OUT OF, OR RESULTS FROM THE REMOTE PROGRAMING OR MONITORING OF ANY EQUIPMENT OR SYSTEM, AND/OR THE DISPATCH OF INDIVIDUALS TO THE PREMISES, AND/OR THE FAILURE OR FAULTY OPERATION OF THE SYSTEM, EQUIPMENT OR CENTRAL STATION FACILITIES, AND/OR THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE (INCLUDING GROSS NEGLIGENCE) OF COMPANY AND/OR ITS AGENTS, SERVANTS, EMPLOYEES, SUPPLIERS OR SUBCONTRACTORS INCLUDING, WITHOUT LIMITATION, ACTS, ERRORS OR OMISSIONS WHICH OCCUR PRIOR TO, CONTEMPORANEOUSLY WITH OR SUBSEQUENT TO THE EXECUTION OF THIS AGREEMENT, AND/OR ANY CLAIM(S) BROUGHT IN PRODUCT OR STRICT LIABILITY, AND/OR BREACH OF WARRANTY, EXPRESS OR IMPLIED, AND/OR BREACH OF CONTRACT, EXPRESS OR IMPLIED, AND/OR ANY CLAIM FOR CONTRIBUTION OR INDEMNIFICATION, WHETHER IN CONTRACT, TORT OR EQUITY, INCLUDING, WITHOUT LIMITATION, ANY GENERAL, DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, IRRESPECTIVE OF CAUSE, SUCH LIABILITY SHALL BE LIMITED TO THE MAXIMUM SUM OF $250.00, AND THIS LIABILITY SHALL BE EXCLUSIVE.
16. INDEMNITY/HOLD HARMLESS: Subscriber(s) agrees to indemnify, defend and hold harmless Company from and against all claims, demands, liabilities, damages, losses, expenses, including attorneys fees and lawsuits which may be asserted against or incurred by Company by or due to any persons not a party to this Agreement, including Subscriber(s) insurance or bonding company, for any expense, loss or damage including, but not limited to, statutory civil damages, personal injury, death and/or property damage, real or personal, arising out of the design, sale, lease, installation, repair, service, dispatch, maintenance, monitoring, recording of communications, operation or non-operation of the equipment, System or central station facilities, whether due to the sole, joint or several negligence (including gross negligence) of Company or its agents, servants, employees, suppliers, or subcontractors, breach of contract, express or implied, breach of warranty, express or implied, product or strict liability, and/or any claim for contribution or indemnification, whether in contract, tort or equity.
17. FULL AGREEMENT: This agreement constitutes the full understanding by and between the parties hereto, and may not be amended or modified, except in writing signed by both parties. This modified agreement shall not be binding upon the Company unless signed by an authorized officer.
18. ASSIGNMENT: It is specifically agreed that the Subscriber(s) shall not be permitted to assign this agreement without the prior written consent of the Company, and any such assignment without such prior approval shall be deemed a breach of this agreement. The Company shall have the right to assign this agreement to any other company engaged in the business similar to that of the Company and upon such assignment Company shall be relieved of any obligations created herein.
19. INVALID PROVISIONS: In the event that any of the terms or provisions of this agreement shall be invalid or inoperative, all of the other terms thereof shall remain in full force and effect.
20. RIGHT OF CANCELLATION: YOU, THE SUBSCRIBER(S), MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION.
21. GOVERNING LAW:
This Agreement shall be governed by the laws of the State of