MAS Lease Agreement
MEDICAL ALERT SOUTHWEST2651 Sagebrush Dr. #104Flower Mound, Texas 75028
STANDARD PERSONAL EMERGENCY RESPONSE LEASE
Agreement dated , by and between MEDICAL ALERT SOUTHWEST (hereinafter referred to as “MAS” or “ALARM COMPANY”) and (hereinafter referred to as "Subscriber")
Address: _ Phone:
The parties hereto agree that:
Subscriber (referred to as “you”) agrees to subscribe to monitoring service for the PERS systems described within this Agreement (each generally referred to as the “System”) provided to you by Medical Alert Southwest (herein referred to as MAS). MAS agrees to provide the Systems and monitoring services in accordance with the terms of this Agreement.. IF ANYONE OTHER THAN SUBSCRIBER IS THE USER OF ANY OF THE SYSTEMS OR SERVICES SUCH USER IS A THIRD PARTY BENEFICIARY TO THIS AGREEMENT AND IS BOUND BY ALL OF THE TERMS HEREIN, INCLUDING MAS's DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. The person using a System (Subscriber or another user) is referred to herein as the “User”.
MAS shall provide the system and provide instructions to the Subscriber in the proper installation and use of the Personal Emergency Response System (hereinafter referred to as PERS System). The PERS System may be consist of and or a hardware device and accompanied with a software program also known as an “APP”.
The System is set up and connected by the User. The System will be delivered to you by MAS, and a setup instruction sheet will be included with the System. Additional installation assistance and additional information regarding System activation is contained on our website at www.medicalalertsouthwest.com. You will provide a 110-volt non-switched electrical outlet for the System’s transformer (charger). During the term of this Agreement we will monitor the System in accordance with the provisions set forth herein. The PERS is intended to be used only for medical and similar personal emergencies, and not as a burglar or fire alarm system. WE WILL NOT PROVIDE MONITORING SERVICE AND WE WILL HAVE NO OBLIGATION TO NOTIFY EMERGENCY PERSONNEL OR OTHER PERSONS ON YOUR INFORMATION FORM UNTIL WE HAVE RECEIVED AND PROCESSED (1) A COPY OF THIS AGREEMENT SIGNED BY YOU; (2) YOUR COMPLETED PERS CALL LIST; AND (3) TEST SIGNALS FROM THE SYSTEMS.
If Subscriber cancels this agreement pursuant to any statutory authority, MAS will, within 10 days or within such time as such statute specifies, upon such cancellation and return of equipment if provided by MAS, and or the removal of any provided software, refund to Subscriber any amount paid for the equipment and any advance payment for services not yet rendered.
Subscriber agrees to pay MAS:
a) SYSTEM: The PERS System components, at all times, remain the property of MAS and are provided as part of the service. At the end of this Agreement, you must return all PERS System components to MAS in good operating condition. If you fail to do so within ten (10) days following the expiration or termination of this Agreement, you will be fully liable for the value of all System components, which you agree is $299.99 for each PERS System not returned fully functional, and you further agree that we may charge your credit card for said amount, which we may retain as payment in full for the System. The PERS System may include and is not limited to some or all of the following, Software, GPS enabled communication device, charger, base unit with transmitter, connection communication wire and remote devices, and accessories selected above. If PERS System to be installed by Subscriber then PERS System will be shipped point of sale FOB and price excludes shipping, handling and sales tax, if any. Agreed Value of Equipment: $ 299.99.
b) MONITORING: The monthly sum will be payable at your option (Monthly, Quarterly, Annually) in advance for monitoring service of the PERS System. The monthly service fee will be billed and is payable in advance for the selected billing cycle. The original term of this Agreement is the billing cycle you selected and will continue to automatically renew for the same cycle thereafter (e.g. month to month, quarter to quarter or year to year), unless terminated as set forth below.
c) EXTENDED WARRANTY OPTION: Subscriber agrees to pay MAS the sum of $4.99 plus tax, per month, payable monthly in advance to extend the Limited Warranty in this Agreement on PERS devices provided by MAS for so long as Subscriber continues to pay Monitoring and Extended Warranty charges.
a) TERMINATION: Either party may terminate this Agreement at the end of the original term or any renewal term by giving the other If, at the end of the original or any renewal term, you wish to discontinue PERS and retain other services, you may do so, pursuant to a new agreement to be entered into between MAS and you.
b) OTHER CHARGES: Subscriber agrees to pay all sales, service, property, use and local taxes; any ambulance or paramedic charges or fees; and any permit fees, telephone charges, return check charges, or late charges, if applicable, whether imposed on you or us, and we may initiate payment for such items on the credit card used at time of initial transaction. We shall have the right, at any time, to increase the services fee to reflect any additional or increased taxes, licenses, permits, fees or charges which may be charged to us by any utility or governmental agency or private response agency relating to the monitoring service and you agree to pay the same.
c) PAYMENT AUTHORIZATION: Subscriber authorizes MAS to initiate payments for the sales price, use of the System, monitoring and other services and Subscriber’s other obligations under this Agreement from the credit card used at time of the initial transaction: You further agree that if payments to be made pursuant to this authorization are discontinued or terminated by you or any payment is refused or dishonored by the credit card company or is not paid to MAS for any reason, that your payment obligations under this Agreement remain in full force and effect and you agree to pay the same to MAS by check or other good funds.
PERS SYSTEM MONITORING CENTER SERVICES: Upon receipt of a signal, MAS or its designated Monitoring Center shall make every reasonable effort to notify the appropriate municipal police, fire, medical, EMT, emergency personal response service or person designated by Subscriber in Subscriber’s Call List to receive notification. Subscriber acknowledges that signals which are transmitted over cellular networks, telephone lines, internet, VOIP, or other modes of communication pass through communication networks which are beyond the control of MAS and are not maintained by MAS, except MAS may own the radio network, and therefore MAS shall not be responsible for any equipment failure which prevents transmission signals from reaching the Monitoring Center or damages arising as a result thereof, or for data corruption, theft or viruses to Subscriber’s computers if connected to the PERS System communication equipment.
SUBSCRIBER ACKNOWLEDGES THAT MAS PROVIDES NO RESPONSE TO A PERS SYSTEM SIGNAL OTHER THAN NOTIFICATION TO THE APPROPRIATE PARTY, AND THAT THE PROVISIONS OF THIS AGREEMENT EXCULPATING AND LIMITING MAS’ LIABILITY ARE FULLY APPLICABLE TO THE PERS SYSTEM SERVICE.
Mobile Tracking is designed to track individuals who will have on their person the Mobile Tracking Device or Internet connected device with software tracking APP. The device will work only within the 50 United States, in areas where mobile tracking has coverage and MAS has no control over such coverage. Mobile Device or APP may not be able to be tracked with exact precision; only ground level locations can be determined; MAS cannot determine locations within a building or any structure. MAS will have no liability for inability to report exact location at any particular time, but MAS will use its best efforts to report all available tracking information. MAS is authorized to record and maintain audio and video transmissions, data and communications, and shall be the exclusive owner of such property. Subscriber is responsible for all permits and permit fees that may be required, agrees to file for and maintain any permits required by applicable law and indemnify or reimburse MAS for any fees or fines relating to permits or the services provided. MAS shall monitor tracking signals and communications received from the tracking device, or software APP. Upon Subscriber’s activation of the device or Software APP, MAS shall make every reasonable effort to locate the tracking device and if appropriate notify the police, fire, medical EMT, or other municipal authority deemed appropriate in MAS’ absolute discretion, and such other persons Subscriber has requested receive notification of such location on Subscriber’s Call List. Subscriber agrees to furnish MAS with a written Call List of names and telephone numbers of those persons Subscriber wishes to receive notification of emergency conditions together with a list of all medication, allergies and medical conditions Subscriber wishes to be available to all responding PERS personnel and medical personnel. All changes and revisions shall be provided to MAS in writing. All notifications by MAS or its designated communication center shall be by telephonic communication and MAS or its designated communication center shall be deemed to satisfy its monitoring response service by reaching the first agency or person designated on the Call List. Unless otherwise provided in the Call List MAS will make a reasonable effort to contact a person listed on the call list. A person on the list shall be deemed reached when contacted either via telephone call, text, email message, or voice mail. No more than one call to the list shall be required and any form of notification provided for herein, including leaving a voice message, shall be deemed reasonable compliance with MAS’ notification obligation.
If MAS has installed the PERS systems at Subscriber’s premises, the Warranty Service is pursuant to paragraphs 4c, 10 , 12 and 17 and MAS shall not be required to service the PERS equipment unless it has received notice from Subscriber, and upon such notice, MAS shall, during the warranty period, service the PERS equipment to the best of its ability within 36 hours, exclusive of Saturday, Sunday and legal holidays, during the business hours of 9 a.m. and 5 p.m. Subscriber agrees to test and inspect the PERS equipment and to advise MAS of any defect, error or omission in the PERS equipment. In the event Subscriber complies with the terms of this agreement and MAS fails to repair the PERS equipment within 36 hours after notice is given, excluding Saturdays, Sundays, and legal holidays, Subscriber agrees to send notice that the PERS equipment is in need of repair to MAS, in writing, by certified or registered mail, return receipt requested, and Subscriber shall not be responsible for payments due while the PERS equipment remains inoperable. In any lawsuit between the parties in which the condition or operation of the PERS equipment is in issue, the Subscriber shall be precluded from raising the issue that the PERS equipment was not operating unless the Subscriber can produce a post office certified or registered receipt signed by MAS, evidencing that warranty service was requested by Subscriber.
SUBSCRIBER ACKNOWLEDGES THAT THIS AGREEEMENT CONTAINS AN INDEMNITY CLAUSE.
SUBSCRIBER ACKNOWLEDGES THAT THIS AGREEMENT CONTAINS A LIQUIDATED DAMAGE CLAUSE.
The prevailing party in any litigation or arbitration is entitled to recover its reasonable legal fees from the other party. In any action commenced by MAS against Subscriber, Subscriber shall not be permitted to interpose any counterclaim. SUBSCRIBER AGREES THAT SUBSCRIBER MAY BRING CLAIMS AGAINST MAS ONLY IN SUBSCRIBER’S INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION PLAINTIFF OR CLASS ACTION MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY DISPUTE BETWEEN THE PARTIES OR ARISING OUT OF THIS AGREEMENT, INCLUDING ISSUES OF ARBITRABILITY, SHALL, AT THE OPTION OF ANY PARTY, BE DETERMINED BY BINDING AND FINAL ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY ARBITRATION SERVICES INC., AND THE FEDERAL ARBITRATION ACT, OR ITS SUCCESSORS OR ASSIGNS, PURSUANT TO ITS ARBITRATION RULES AT WWW.ARBITRATIONSERVICESINC.COM, EXCEPT THAT NO PUNITIVE OR CONSEQUENTIAL DAMAGES MAY BE AWARDED. The arbitrator shall be bound by the terms of this agreement and is authorized to conduct proceedings by telephone, video, submission of papers or in-person hearing. By agreeing to this arbitration provision you are waiving your right to a trial before a judge or jury, waiving your right to appeal the arbitration award and waiving your right to participate in a class action. Service of process or papers in any legal proceeding or arbitration between the parties may be made by First-Class Mail delivered by the U.S. Postal Service addressed to the party's address in this agreement or another address provided by the party in writing to the party making service.
The parties waive trial by jury in any action between them unless prohibited by law. Any action between the parties must be commenced within one year of the accrual of the cause of action or shall be barred. All actions or proceedings by either party must be based on the provisions of this agreement. Any other action that Subscriber may have or bring against MAS in respect to other services rendered in connection with this agreement shall be deemed to have merged in and be restricted to the terms and conditions of this agreement. The parties submit to the jurisdiction and laws of Texas, except for arbitration which is governed by the FAA and agree that any litigation or arbitration between the parties may be commenced and maintained in the county where MAS’ principal place of business is located or Nassau County, New York.
SUBSCRIBER ACKNOWLEDGES THAT THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE DISPUTES AND THAT ARBITRATION IS BINDING AND FINAL AND THAT SUBSCRIBER IS WAIVING SUBSCRIBER’S RIGHT TO TRIAL IN A COURT OF LAW AND OTHER RIGHTS.
SUBSCRIBER ACKNOWLEDGES THAT THIS AGREEMENT CONTAINS AN EXCULPATORY CLAUSE, INSURANCE PROVISION ALLOCATING ALL RISK TO SUBSCRIBER AND LIMITATION OF LIABILITY PROVISION.
CAUTION: IT IS IMPORTANT THAT YOU THOROUGHLY READ THE AGREEMENT BEFORE YOU ACCEPT IT. YOU ACKNOWLEDGE RECEIVING A FULLY EXECUTED COPY OF THIS AGREEMENT AT TIME OF EXECUTION.
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Document Name: MAS Lease Agreement
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