We Monitor America - Central Station Monitoring

Terms and Conditions

Being connected to WEMA Central Monitoring Services is one of the most advantageous aspects of using Keepsafer Security Products.

*** Please note that we can only monitor Linear Security Systems.

If you agree to the terms below, you will be redirected to our Central Monitoring Registration Form. The Central Monitoring Service Agreement will not be activated until you register.

1. TERM AND PAYMENT: This Agreement shall be for 1 year, automatically billing your credit card monthly the amount of $20.95, and shall automatically renew at the end of the first year at $20.95 a month for successive monthly terms unless canceled by either of us in writing at least thirty days before the end of the original term or any renewal term. The monitoring fee is not refundable and will not be prorated if monitoring service is terminated during the term. Upon termination of this Agreement for any reason, you agree that we may discontinue monitoring by remotely disabling your dialer from our monitoring network or that you will unplug the dialer from your telephone system.

2. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY: THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FACE OF THE AGREEMENT HEREOF. We have made no representations or warranties, express or implied, as to any matter whatsoever, including without limitation: (a) whether the monitoring service will prevent any loss by burglary, fire, holdup, personal emergency or otherwise, or that the service will in all cases provide the protection for which it is intended; or (b) the capabilities and condition of the monitoring equipment, its merchantability of its fitness for any particular purpose. You understand that there are alternatives available to you such as 911 emergency telephone services and you have selected this service with a full understanding of its limitations and the limitation of our liability. We make no representation or warranty as to the promptness of our response, and have no control over the response time or capability of any agency or person who may be notified in response to an alarm signal receipt. You assume all risk of personal injury and loss or damage to your premises or to the contents thereof. You acknowledge and agree that: (a) we are not an insurer of your property or the personal safety of persons in your premises; (b) you should provide any insurance on your premises and its contents and any life, disability or health insurance for persons living in your premises; (c) the amount you pay to us is based only on the value of the alarm system and service we provide; (d) alarm systems and the services we may provide may not always operate properly for various reasons; (e) it is difficult to determine in advance the value of your property that might be lost, stolen or destroyed if the alarm system or our service fails to operate properly; (f) it is difficult to determine how fast the police department, paramedics or others would respond to an alarm signal; (g) it is difficult to determine what portion, if any, of any personal injury or death would be proximately caused by our failure to perform, or negligence, or a failure of the alarm system or monitoring network. Therefore, even if a court decides that our breach of this agreement, or a failure of the alarm system, or our negligence, or a failure of the monitoring caused or allowed any harm or damage (whether property damage, personal injury or death) to you or anyone in your premises, you agree that our total liability shall be limited to an amount equal to $250.00 or one-half the annual monitoring fee, which ever is more, and this shall be your only remedy regardless of what legal theory (including without limitation: breach of contract, negligence, products liability or breach of warranty) is used to determine that we were liable for the injury or loss.

If you wish, you may obtain from us a higher limitation of our liability for an additional periodic service charge based on a graduated scale of rates. If you elect this option, we will send you a rider to this agreement which will set forth this amount of the limitation of liability and the amount of the additional charge which will be payable directly to us. Agreeing to the higher limitation of liability does not mean that we are an insurer.

3. THIRD PARTY INDEMNIFICATION AND SUBROGATION: If anyone other than you, asks us to pay harm or damages (including property damage, personal injury or death) connected with or resulting from 1) breach of agreement; 2) failure of the alarm system or service; 3) our supposed negligence; 4) any other improper or careless activity of WEMA in providing the services or; 5) claim for indemnification or contribution, you will pay us (a) any amount which a court orders us to pay or which we reasonably agree to pay, and (b) the amount of our reasonable attorney’s fees and other loss and costs that we may pay in connection with the harm or damages. Unless prohibited by your property insurance policy, you agree to release us from any claims of any parties suing through your authority or in your name, such as your insurance company, and you agree to defend us against any such claim.

4. MONITORING SERVICES PROVIDED: When a burglary, fire, holdup or other alarm signal from the alarm system is received in our monitoring facility (Central Station), it will try to telephone the proper emergency agency and the first available responder. When a personal emergency, supervisory or trouble signal is received in the Central Station, it will try to notify you or the first available responder. Notification of non-emergency trouble signals is made only during normal daytime business hours. To avoid false alarms, the Central Station may use the two-way voice feature of the alarm system (if one has been installed), and/or call your premises first to determine if an actual emergency exists before we call any emergency agencies or responders. If we have reason to believe that no actual emergency exists, we may choose not to place such calls. We reserve the right to tape record all telephone conversations with Central Station. WEMA may discontinue any particular form of responses if required to do so by any governmental authority or if you fail to pay us for monitoring service. You agree that all monitoring software, computer codes and monitoring information remain our sole and exclusive property. THE CITY, COUNTY, OR TOWNSHIP IN WHICH THE PREMISES IS LOCATED MAY REQUIRE THAT YOU OBTAIN A PERMIT FOR THE USE AND MONITORING OF THE ALARM SYSTEM. LOCAL AUTHORITIES MAY NOT RESPOND TO ALARM NOTIFICATIONS UNTIL ALL PERMITS OR LICENSES FOR USE OF THE ALARM SYSTEM HAVE BEEN OBTAINED, AND THEREFORE WEMA MAY NOT BEGIN MONITORING UNTIL YOU HAVE OBTAINED AT SUBSCRIBER’S EXPENSES ALL NECESSARY PERMITS OR LICENSES AND PROVIDED WEMA WITH THE LICENSE OR PERMIT NUMBER. WEMA WILL USE THE ENGLISH LANGUAGE ONLY FOR COMMUNICATIONS WITH SUBSCRIBER, EMERGENCY AGENCIES AND RESPONDERS.

5. OUR OBLIGATION: No repair, maintenance or alarm guard responses are provided by WEMA under this Agreement. We shall not be obligated to provide monitoring service until we have received: 1) a fully completed and executed copy of this Agreement, and 2) have participated with you in a phone test of Subscribers equipment. If you move the alarm system from the premises listed or change components (other than like parts) WEMA’s obligation to provide monitoring shall terminate until you retest the new accessories.

6. SUBSCRIBER’S DUTIES: You will provide electrical and telephone service for the alarm system. You shall carefully and properly test and set the alarm system immediately prior to the securing of the premises and carefully test the signal alarm system no less than monthly during the term of this Agreement. You shall notify us, in writing of all changes and modifications to the information provided on the reverse side of this Agreement. You shall secure and maintain all licenses or permits that may be necessary from governmental or insurance authorities for the continued monitoring and use of the alarm system.

7. INTERRUPTION OF SERVICE: We assume no liability for interruption of monitoring services due to strikes, riots, floods, storms, earthquakes, fires, power failures, insurrection, interruption or unavailability of telephone service, acts of God or for any other cause beyond our control, and we will not be required to supply monitoring service to you while any such cause may continue. This Agreement may be suspended at our option should the alarm system, your premises, or the Central Station become so substantially damaged that further service is impractical.

8. TRANSMISSION LINES: You will provide telephone service for the alarm system. You acknowledge that the signals from the alarm system are transmitted over your regular telephone service to the Central Station. WE RECOMMEND THE USE OF RJ31X OR EQUIVALENT JACK TO GIVE THE ALARM SYSTEM PRIORITY OVER OTHER TELEPHONES ON YOUR PREMISES, HOWEVER, WHEN THE ALARM SYSTEM IS ACTIVATED, YOU WILL BE UNABLE TO USE YOUR PHONE TO MAKE OTHER CALLS SUCH AS A CALL TO THE EMERGENCY 911 OPERATOR, THEREFORE YOU MAY WISH TO HAVE THE ALARM SYSTEM CONNECTED TO A SEPARATE PHONE LINE. If your phone service is out of order, disconnected, on vacation status, or otherwise interrupted, signals from your alarm system cannot be transmitted and the Central Station will have no knowledge of this condition. You further acknowledge that telephone company lines are wholly beyond our control and jurisdiction and are maintained and serviced solely by the applicable telephone company.

9. LIMITATION ON ACTIONS, WAIVER OF JURY TRIAL: Both parties hereby agree that no suit or action that relates in any way to this Agreement shall be brought against the other more than (1) one year after the accrual of the cause of action. In addition, both parties hereby waive any rights to a jury trial in any judicial action brought by either party which relates to the Agreement.

10. FALSE ALARMS; PERMIT FEES: In the event an excessive number of false alarms are cause by Subscriber’s carelessness, malicious action, or accidental use of the alarm system, or in the event you, in any manner, misuse or abuse the alarm system, we may in our sole discretion deem the same to be a material breach of this Agreement and at our option in addition to all other legal remedies available to us, be excused from further performance upon the giving of written notice to you. Subscriber agrees to pay any false alarm assessments, taxes, fees or charges relating to the monitoring services provided pursuant to this Agreement whether assessed against you or us. You will keep in full force and effect all permits or licenses necessary for the monitoring service, and provide us with a copy of your permit or license or other information that may be required by law. WEMA reserves the right to charge $5 for each false alarm in excess of 2 per month, which sum Subscriber agrees to pay when billed.

11. ASSIGNEES AND SUBCONTRACTORS: We may transfer or assign this Agreement to any other qualified alarm company without your written or oral consent, and all of the benefits under this Agreement shall inure to such assignee. You may not transfer this Agreement to someone else unless we approve the transfer in writing. We may use subcontractors to provide monitoring services and this Agreement shall apply to the services they perform, and shall apply to and protect them in the same manner as it applies to and protects us.

12. DELINQUENCY AND DEFAULT: If you fail to make any payment when due we may impose a late charge of $.50 per day. 14 days beyond your due date you will be sent a certified return receipt letter stating your account is past due. You will be given an additional 14 days to receive this letter and send us appropriate payment before your service is terminated for nonpayment. You will also be charged $5.00 for the certified letter. These late charges will be due and payable when billed but only if permitted by Arizona law.

13. ENTIRE AGREEMENT: This writing is intended by the parties as a final expression of their agreement and as a complete and exclusive statement of the terms thereof. OUR DUTY AND OBLIGATION TO PROVIDE MONITORING SERVICE TO YOU ARISES SOLELY FROM THIS AGREEMENT. This Agreement supersedes all prior representations, understandings or agreements of the parties and that parties rely only upon the contents of this Agreement in executing it. This Agreement can only be modified by a written statement signed by the parties or their duly authorized agent. No waiver of a breach of any term or condition of this Agreement shall be construed to be a waiver of any succeeding breach. The parties agree that this Agreement is to be performed in and shall be governed by the laws of the State of Arizona.

I have read and agree to the terms and conditions of this agreement and particularly section 6 which limits WEMA’s liability. I further acknowledge that this agreement was negotiated solely over the Keepsafer Web site.