1. ALARM MONITORING: Service will commence when CENTURION FIRE AND SECURITY has processed Subscriber’s paperwork, alarm signals sent from Subscriber’s alarm system have been received and validated by our alarm monitoring company and installation, activation and first month’s monitoring fees have been paid. 

2. TERM: This agreement is an annual contract which may be cancelled after the first year with written 30-day notice. This agreement shall renew automatically for successive periods of one year thereafter, unless either party gives written notice of termination. 

3. PAST DUE STATUS: Should client’s account become ‘PAST DUE’ for any reason, CENTURION FIRE AND SECURITY may, at its option and without notice to client, suspend alarm reporting. An account that is 30 days past due will be assessed a minimum of a $5 late fee. A late fee will be charged each month the account is past due. After 90 days, alarm service will be suspended. 

4. INSURANCE: Subscriber acknowledges and agrees that CENTURION FIRE AND SECURITY is not an insurer, that subscribing to alarm monitoring will not replace insurance of any kind or pay any insurance deductible(s), that alarm systems cannot protect against loss, and that CENTURION FIRE AND SECURITY alarm monitoring service will not be held responsible in any way should loss occur. 

5. LIABILITY: CENTURION FIRE AND SECURITY assumes NO LIABILITY OR RESPONSIBILITY whatsoever for the serviceability, operation, maintenance or function of Subscriber’s alarm equipment. Additionally, CENTURION FIRE AND SECURITY cannot guarantee that Subscriber’s alarm equipment provides full or even partial security coverage or will provide the security protection Subscriber intended it to provide. CENTURION FIRE AND SECURITY reserves the right to terminate WITHOUT FAULT the alarm monitoring service to any Subscriber whose alarm equipment is a) in poor working order; b) has not been repaired after Subscriber has been notified service is needed; c) responsible for excessive alarm signals – more than 5 during a 30 day period; d) used improperly by Subscriber or Subscriber’s designates. Subscriber understands and agrees that unnecessary service or false alarm calls are to be borne by Subscriber.

6. If excessive false alarms are caused by ANY reason, including but not limited to user error or malicious behavior, carelessness, unintended use of the alarm system, CENTURION FIRE AND SECURITY may, at its sole discretion, deem the same to be a material breach of contract on the part of the Subscriber and may, at its sole discretion, be excused from further performance. 

7. COMPANY IS NOT AN INSURER; LIQUIDATED DAMAGES; LIMITATION OF LIABILITY: It is understood that CENTURION FIRE AND SECURITY is not an insurer: that insurance, if any, shall be obtained by the Subscriber: that the payments provided herein are based solely on the value of the services set forth herein and are unrelated to the value of the Subscriber’s property or the property of others located on Subscriber’s premises; that CENTURION FIRE AND SECURITY makes no guaranty or warranty, including any implied warranty of merchantability of fitness that the equipment or services supplied will avert or prevent occurrences or the consequences from which the system or service is designed to detect or avert. Subscribers acknowledge that it is impractical and extremely difficult to fix the actual damage, if any, which may proximately result from a failure to perform any of the obligations herein, or the failure of the system to properly operate with the resulting loss to Subscriber because of but not limited to: a. The uncertain amount or value of Subscriber’s property 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, fire department or alarm response company dispatched as a result of a signal from or at the premises. c. The inability to ascertain what portion, if any, of any loss would be proximately caused by CENTURION FIRE AND SECURITY or its AGENTS’ failure to perform or by a failure in its equipment to operate. d. The nature of the service to be performed by CENTURION FIRE AND SECURITY or its AGENTS. 

8. COMMUNICATION LINK DISCLAIMER: Subscriber acknowledges that Subscriber’s alarm equipment utilizes a dialer, that the dialer communicates with CENTURION FIRE AND SECURITY’S central monitoring provider via telephone lines, DSL lines, Internet service, cellular service, via radio transmission, or by any communication path unknown now but utilized in the future and that the serviceability of any communication path is COMPLETELY BEYOND THE CONTROL OF CENTURION FIRE AND SECURITY. Subscriber agrees to hold CENTURION FIRE AND SECURITY harmless for all loss as a result of any and all forms of communication failure. 

9. COMMUNICATION CHARGES AND CHANGES: Subscriber agrees to pay for all telephone line charges and/or transmission charges brought about, but not limited to: Changes in line fees, rates or service levels and those fees, taxes and adjustments levied by service providers, local, state or federal governments; Changes in tariff regulations for any service provided within the entirety of this agreement; Changes to, splitting of or adding area codes. Subscriber agrees to pay CENTURION FIRE AND SECURITY all the above fees and the current programming charges required to comply with those changes. 

10. FAILURE TO PERFORM: CENTURION FIRE AND SECURITY assumes NO LIABILITY for failure to perform because of, but not limited to, labor trouble, riots, floods, power outages, communication failures, acts of God, or any catastrophe or condition beyond its control and is NOT REQUIRED to perform service while any such condition exists. CENTURION FIRE AND SECURITY shall have the right to cancel an existing agreement with or without notice in the event any telephone carrier discontinues certain grades of service if Subscriber’s premises including communication capability or CENTURION FIRE AND SECURITY’S central station provider should be destroyed or rendered inoperative by fire or other catastrophe. 

11. ALARM COMPANY OPERATORS ARE LICENSED AND REGULATED BY THE Arkansas Board of Private Investigators and Private Security Agencies, #1 State Police Plaza Dr. Little Rock, AR 72209. (501) 618-8600. NWSS License # E95-13 

12. WARRANTY: CENTURION FIRE AND SECURITY warrants that the equipment will be free of defects for a period of one (1) year from the date of installation. The warranty is limited to replacement of defective parts and labor. The warranty does not extend to tampering, intentional/accidental damage or from “Acts of God”. Any resulting incidental or consequential damage will not be covered under the warranty. 

13. SUBSCRIBER’S DAILY OPERATIONAL OBLIGATIONS AND RESPONSIBILITY: Subscriber agrees to carefully and properly test and set system daily, including walk test if movement detection devices are installed, and will notify CENTURION FIRE AND SECURITY of any operating defect and have it repaired in a timely manner. 

14. POLICE DEPARTMENT/LOCAL, STATE REGULATIONS; SUBSCRIBER’S SOLE RESPONSIBILITY: If Subscriber’s local police/fire department requires a permit, Subscriber agrees to pay for, get and immediately forward a copy of permit to CENTURION FIRE AND SECURITY at its address of record. Subscriber understands and accepts that CENTURION FIRE AND SECURITY is NOT RESPONSIBLE for maintaining Subscriber’s permit, paying local fees associated with permits or permits of ANY kind. Subscriber assumes ALL responsibility and liability for the maintenance and compliance with local, state and federal regulations as they currently apply to security services and Subscriber agrees to diligently follow and pay for all local, state and federal ordinances as they apply to Subscriber’s relationship with CENTURION FIRE AND SECURITY for the life of their mutual business relationship. Additionally, Subscriber understands and accepts that CENTURION FIRE AND SECURITY is not responsible for false alarm charges, will not pay them, and that police/fire response or lack of police/fire response may be due wholly or in part to having Subscriber’s alarm account, if applicable, current with the local police/fire department. 

15.INCREASES IN OPERATING EXPENSES: CENTURION FIRE AND SECURITY shall have the right to increase the annual charges provided herein to reflect any additional taxes, licenses, permits, insurance premiums, fees or charges which hereafter may be imposed on CENTURION FIRE AND SECURITY by any utility, governmental agency or insurance carrier(s) relating to the service(s) provided under the terms if this Agreement and Subscriber agrees to pay the same or cancel service. 

16. OWNERSHIP: CENTURION FIRE AND SECURITY yard signs, window decals, telephone stickers and anything with the NORTHWEST SECURITY identifier shall remain the property of CENTURION FIRE AND SECURITY. Subscriber acknowledges that none of the above is for sale and that all are used only with permission by CENTURION FIRE AND SECURITY during the period of service of Subscriber’s alarm system by CENTURION FIRE AND SECURITY. 

17.NOTE: If any terms or provisions of this Agreement shall be determined to be invalid or inoperative, all the remaining terms and provisions shall remain in full force and effect. 

18.ASSIGNMENT: This agreement is not assignable by Subscriber without written consent of CENTURION FIRE AND SECURITY. CENTURION FIRE AND SECURITY shall have the right to assign this agreement or subcontract any of the services it may perform. There are NO VERBAL understandings changing or modifying this Agreement.