TERMS AND CONDITIONS
The MONITORING COMPANY, “DAILY LIFE CK” (identified above) and the SUBSCRIBER (identified above) agree to the following:
1. Introduction:
Subscriber, at the location indicated on Page 1 of this Agreement, has contracted with Daily Life CK for care calls to be placed as outlined above and if applicable to notify the party (or parties) identified by the Subscriber. Daily Life CK is NOT responsible, and the Subscriber assumes full responsibility for all communications media used to receive calls from the monitoring facility. Daily Life Ck shall WITHOUT WARRANTY attempt to contact the Subscriber, and/or the appropriate police or fire department or emergency personal response service designated, and/or party (or parties) that have been identified by Subscriber as the entity or party to notify under the circumstances encountered.
2. Waiver of Warranty - Exculpatory Clause:
It is understood and agreed that: Daily Life CK IS NOT AN INSURER. That insurance, if any, shall be obtained by Subscriber covering real or personal property loss or damage and personal injury, including death. The payments hereunder are based solely on the value of the services as described herein and on Page 1 of this agreement and are unrelated to the value or cost of any deterioration of Subscriber’s health, personal injury, loss of life, and/or damage to Subscriber’s property, or the property of others located at Subscriber’s location, the value of which is known only by Subscriber. Daily Life CK is not liable for losses caused by the malfunction or non-function of the System, equipment, monitoring, signal handling or dispatching services even if due to Daily Life CK’s negligence or failure to perform.
3. Third Party Indemnification:
Since the parties agree that Subscriber retains the sole responsibility for the life and safety of all persons on its premises and for protecting against losses for to its own property and the property of others located on its premises, Subscriber agrees to indemnify, defend and hold harmless Daily Life CK, its officers, employees, agents, or representatives from and against all claims, lawsuits, and losses, including attorney’s fees, by persons not a party to this Agreement, alleged to be caused by the improper operation, whether due to malfunctioning or non-functioning of the System, the negligent performance, or other services performed by Daily Life CK, or its officers, employee, agents, or representatives.
4. Limitation of Liability:
Subscriber acknowledges that it is impractical and extremely difficult to fix actual damages, if any, which may proximately result from failure on the part of Daily Life CK to perform any of its obligations or responsibilities herein, including, but not limited to its specifications, the failure of the System to operate properly, by active or passive negligence, or by failure to perform any of the obligations herein, because of among other things: (a) the uncertain nature of occurrences which might cause injury or death to a subscriber or any other person; (b) the inability to ascertain what portion, if any, of any loss would be proximately caused by Daily Life CK’s failure to perform or by its Systems’ failure to operate. THEREFORE, SUBSCRIBER ACKNOWLEDGES AND AGREES THAT IF ANY LOSS OR LIABILITY IS ALLEGED AGAINST DAILY LIFE CK, IRRESPECTIVE OF CAUSE, INCLUDING, BUT NOT LIMITED TO, WHETHER THE LOSS OR LIABILITY IS CAUSED BY DAILY LIFE CK’S OWN NEGLIGENCE, SUCH LIABILTIY SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE ANNUAL MONITORING FEE OR TWO HUNDRED FIFTY ($250.00) DOLLARS, WHICHEVER IS LESS. This sum shall be paid and received as either (1) liquidated damages and not as a penalty, or (2) as a limitation of liability approved and agreed upon by the parties. The payment of this amount shall be Daily Life CK’s sole and exclusive liability. Under no circumstances shall Daily Life CK be liable to subscriber for consequential damages of any nature in excess of such amount, including, without limitation, damages for loss of life, deterioration of health, personal injury or damages to real or personal property, loss of property or revenue, cost of capital, costs of purchased or replaced goods, other economic loss or damages however occasioned, and whether alleged as caused by design, or service or the performance or nonperformance of obligations and responsibilities under this agreement or breach of warranty or negligence, active, passive, joint, several or otherwise, strict liability, tort, or otherwise by Daily Life CK, its officers, employees, agents, or representatives. Subscriber agrees to obtain insurance coverage adequate to protect Subscriber’s interest in light of the limitation of liability stated in this Agreement.
5. Subscriber Duties:
(a) Subscriber shall cooperate with Daily Life CK and agrees to follow all instructions and procedures which may be prescribed for the rendering of services; (b) Subscriber shall pay all charges made by any telephone company or other utility or communications organization for the installation, leasing and service charges of telephone lines or other communications technologies connecting Subscriber’s premises to Daily Life CK. Subscriber acknowledges that care calls made from Daily Life CK are transmitted over Subscriber’s communications service or a third-party communication service and that in the event the communications service is out of order, disconnected, placed on “vacation”, out of range, or otherwise interrupted, calls will not be received from Daily Life CK and any such interruption will not be known to Daily Life Ck. Subscriber agrees that in the event the monthly call allotment is exceeded, Subscriber shall be subject to the additional costs and fees as outlined in the terms of this service.
6. Authorized Personnel & Emergency Information:
Subscriber agrees to furnish a written list of the names and telephone numbers of all persons to be notified in the event of a notification signal. Subscriber agrees to provide all changes, revisions and modifications to the above to Daily Life CK in writing in a timely manner.
7. Taxes, Fees, Fines, Licenses and Permits:
(a) Subscriber agrees to pay all sales tax, use tax, property tax, utility tax, including telephone company line charges or other communications technologies, if any. Daily Life CK shall have the right, at any time, to pass along to Subscriber any increases in the monthly charges which hereafter may be imposed on by utility or government a Daily Life Ck agencies relating to the services(s) provided under the terms of this Agreement, and Subscriber hereby agrees to pay the same. (b) Subscriber agrees to assume all responsibility for any false notifications. Subscriber will indemnify, pay and defend Daily Life Ck and its authorized contractors and hold each of them harmless from and against any responsibility or liability for payment of associated fines, penalties or other costs.
8. Increase in Service Charges:
Daily Life Ck shall have the right to increase the service charges provided for herein by giving Subscriber thirty (30) days written notice in advance of the effective date of such increase. Charges for time and materials services are based upon Daily Life CK service rates in effect at the time of the service, and are subject to change without notice.
9. Delay or Interruptions:
Daily Life CK assumes no liability for delay in the service or for interruption of services due to strikes, riots, floods, storms, earthquakes, fire, power failures, insurrections, interruption of availability of telephone cable, cellular, satellite, or radio service or any communications service through any other medium, malfunction or unavailability of the system related to data handling problems, delay of response time, acts of terrorism, acts of war, whether through direct or indirect actions, irrespective of cause, acts of God, or for any other cause beyond the control of Daily Life CK, and will not be required to provide monitoring services to Subscriber while interruption of service due to any such cause may continue. Daily Life CK assumes no liability for delay of services due to non-cooperation of the Subscriber or his agents. Daily Life CK shall not be obligated to perform any call care service hereunder during any time when the communications equipment and/or service shall not be working.
10. Outside Charges:
Subscriber understands and accepts that Daily Life CK specifically denies any responsibility for charges associated with the notification or dispatching of anyone, including, but not limited to any government personnel or agencies, and if there are any charges incurred as a result of said notification or dispatch, said charges shall be the responsibility of Subscriber, whether requested or not and whether such entities were correctly or incorrectly notified by Daily Life CK, its agents.
11. Cancellation:
This agreement may be cancelled by Daily Life CK at any time, upon a ten (10) day written notice, if false notifications and/or “runaway” signals continue to occur. This agreement shall terminate upon Subscriber’s death or prolonged hospitalization or institutionalization and the completion of original contract term by Subscriber’s representative to Daily Life CK .
12. Default/Termination:
In the event Subscriber fails to pay any amount, Subscriber abuses the call care service, Subscriber fails to comply with any of the terms and conditions hereof, Subscriber makes an assignment for the benefit of creditors, an order for relief is entered against Subscriber under any chapter of the National Bankruptcy Code, as amended, a receiver or trustee is appointed for all, or substantially all, the assets of Subscriber, or there is a dissolution or termination of existence of Subscriber, or if Subscriber is in default under this Agreement and such default continues for ten (10) days after Daily Life CK gives Subscriber written notice of such default, in addition to any other remedies provided by law, Daily Life Ck may pursue any one or more of the following remedies, which are cumulative and nonexclusive: (a) terminate all services subscribed for hereunder by giving ten (10) days written notice to Subscriber, without terminating this Agreement, and recover all amounts due to Daily Life CK; (b) by notice to Subscriber, declare immediately due and payable all moneys to be to be paid by Subscriber during the primary term or, if the primary term has then expired, declare immediately due and payable all moneys to be paid during any renewal term then in effect, and Subscriber shall in any event remain fully liable for reasonable damages as provided by law and for all costs and expenses incurred by Daily Life CK on account of such default including all court costs and reasonable attorneys’ fees. The waiver by Daily Life Ck of a breach of any obligation of Subscriber shall not be deemed a waiver of such obligation or any subsequent breach of the same or any other obligation. The subsequent acceptance of payment hereunder by Daily Life CK shall not be deemed a waiver of any prior existing breach, regardless of Daily Life CK’s knowledge of such prior existing breach at the time of acceptance of such payments.
13. Conflict of Terms:
Should there arise a conflict of terms or conditions between this agreement and a purchase order it is agreed that this contract shall be supreme and binding.
14. One Year Limitation on Actions:
It is agreed that no suit or cause of action shall be brought against Daily Life CK more than one (1) year after the accrual of the cause of action therefore.
15. Waiver of Subrogation:
Subscriber does hereby for itself and all other parties claiming under it, release and discharge Daily Life Ck, its officers, employees, agents, or representatives from and against all hazards covered by Subscriber’s insurance, it being expressly agreed and understood that no insurance company or insurer will have any right of subrogation against Daily Life CK, its officers, employees, agents, or representatives.
16. Entire Agreement – Modification, Waiver:
This writing is intended by the parties as a final expression of their Agreement as a complete and exclusive statement of the terms thereof. This Agreement supersedes all prior representations, understandings or agreements of the parties, written or oral, and shall constitute the sole terms and conditions of sale for all services. This Agreement can be modified only in writing, signed by the parties or their duly authorized representatives. No waiver of a breach of any term or condition of this Agreement shall be construed to be a waiver of any succeeding breach.
17. Choice of Law; Venue:
The laws by which the state where the Daily Life CK is headquartered shall govern the validity, enforceability and interpretation of the Agreement. It is agreed that any suit or action initiated as a result of this Agreement or the Monitoring Services to be provided under this Agreement shall be brought in a court of competent jurisdiction. Subscriber and Daily Life CK irrevocably agree to waive their individual rights to a jury trial.
18. Severability:
If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.
19. Representation and Warrant:
By signing this document below, Subscriber represents and warrants that he or she is above the age of eighteen and has the necessary capacity and authority to enter into this Agreement on behalf of Subscriber, or for any other individual(s) or organization(s) that the signatory may legally bind to this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on 2022/05/16. This agreement was completed by and record was sent to Programing.