Medical Alert Pendant Systems Service Terms and Conditions

1. PERS IS LEASED AND REMAINS PERSONAL PROPERTY OF ACADIAN: ACADIAN shall lease a PERS, instruct Subscriber in the proper use of the PERS, and install and service the PERS by either delivery courier or on the premises of Subscriber located at (Address)______________________________________________________________ ___________________________________________________(City) ___________________________ (State) _______. A PERS, described herein, including all necessary devices and equipment, is leased for the duration of this Agreement, with the understanding that the entire system, including all apparatus, equipment, instruments, foil and wire installed or connected with the PERS is and shall always remain the sole personal property of ACADIAN and shall not be considered a fixture or a part of the realty, and Subscriber shall not permit the attachment thereto of any apparatus not furnished by ACADIAN.
   
   
2. VALUE OF EQUIPMENT: The value of installed equipment is: $250.00 (United States Dollars).
   
   
3. INSTALLATION, RENTAL AND SERVICE CHARGES: Subscriber agrees to pay ACADIAN all fees owed ACADIAN, including but not limited to (1) fees for installation of PERS equipment, (2) monthly rental, service, and monitoring fees and (3) shipping and handling fees.
   
   
4. CANCELLATION AND REFUND POLICY: Monitoring fees are prepaid monthly and there are no refunds for partial months. If Subscriber cancels this Agreement as permitted by law or this contract and all equipment is returned to ACADIAN prior to the fifth (5th) day of the month following cancellation, the following month’s monitoring fees will not be charged.
   
   
5. TERMINATION OF THIS AGREEMENT: ACADIAN may terminate this Agreement immediately upon giving notice for the following: (1) failure to timely pay, (2) rude or aggressive behavior towards Acadian personnel or service personnel and (3) for any other reason that ACADIAN deems necessary, in good faith, to protect its personnel or business. Should Subscriber fail to pay any monies when due and payable, ACADIAN shall have the right, without prejudice to any other remedies, to charge a monthly 1% interest fee on all delinquent amounts and to such rescind or terminate this Agreement after providing Subscriber with at least ten (10) days advance notice of such rescission and termination of service. If, upon termination, the equipment is not returned immediately to ACADIAN Subscriber will be charged a $250 (United States Dollars) cost of equipment fee.
   
   
6. AUTOMATIC RENEWAL: After the initial term this Agreement shall renew itself on a month to month basis under the same terms and conditions, unless either party gives written notice to the other by certified mail (return receipt requested) of their intention not to renew the contract at least thirty (30) days prior to the expiration of any term, thereby relieving Subscriber of any obligation to pay any monitoring charge after the termination of service.
   
   
7. AUTOMATIC BANK WITHDRAWAL: Subscriber authorizes ACADIAN , or its designee, successor or assign, to automatically withdraw (monthly in advance) from Subscriber’s bank account or to bill Subscriber’s credit card, the full amount of any fees and other sums as due in conjunction with this Agreement. In the event Subscriber fails to make a payment to ACADIAN on, before, or within thirty (30) days after a payment is due, Subscriber agrees to pay, and authorizes the debit of its bank account or credit card, for all fees related to monitoring services AND monitoring equipment provided to Subscriber, as well as any costs incurred by ACADIAN in connection with collecting such amounts. This authorization remains in full force and effect for the entire term of this Agreement.
   
   
8. INSUFFICIENT/NONSUFFICIENT FUNDS: ACADIAN reserves the right to charge a $25 (United States Dollars) fee to Subscriber for all charges that are dishonored by the Subscriber’s financial institution for any reason including insufficient/nonsufficient funding. Insufficient/nonsufficient funding includes but is not limited to times where Subscriber uses a check or credit card to pay ACADIAN for its services and the amount written on the check or charged to the credit card exceeds the available balance in Subscriber’s account. All insufficient/nonsufficient fees will be immediately added to Subscriber’s bill along with all remaining funds still owed to ACADIAN. ACADIAN will not charge the insufficient/nonsufficient account for payment of this fee without first obtaining permission from Subscriber to do so.
   
   
9. INCREASES OF MONTHLY CHARGE: ACADIAN shall be permitted to increase the charges provided for herein at any time upon giving notice to Subscriber, and if Subscriber is unwilling to pay such increased charge, ACADIAN shall be permitted, at its option, upon written notice to Subscriber, to rescind the increase or to terminate this Agreement as if the term had expired, and ACADIAN shall be permitted access to Subscriber's premises to remove its PERS or shall be permitted to remotely delete programming, and Subscriber shall be relieved of any obligation to pay any monthly charge after said PERS is removed. Subscriber's failure to object to any such increase within ten (10) days of notification thereof shall be deemed an acceptance of said increase.
   
   
10. PERSONAL EMERGENCY ALERT CENTRAL STATION MONITORING: Upon receipt of an alert signal, ACADIAN or its designee communication center shall make every reasonable effort to notify Subscriber If Subscriber can not be contacted, in accordance with Subscriber’s preference, responders from Subscriber’s responder contact list will be called in the priority in which Subscriber has listed them. Subscriber agrees to furnish ACADIAN with a written list of names and telephone numbers of those persons Subscriber wishes to receive notification of alarm signals. The central station will go down the priority list until a responder can be reached. Multiple notifications MUST BE indicated. All changes and revisions shall be supplied to ACADIAN in writing. In the event that Subscriber ends, whether through termination, cancellation or by any other means, the services provided by ACADIAN to Subscriber under this Agreement, ACADIAN may notify all responders on Subscriber’s priority list to inform them that Subscriber will no longer need them as responders for this particular alarm. Subscriber authorizes ACADIAN to access the control panel to input or delete data and programming. Subscriber acknowledges that ACADIAN provides no response to a PERS signal except notification to the appropriate party.
    
    
11. LIABILITY FOR EVENTS OUTSIDE OF ACADIAN’S CONTROL: Subscriber acknowledges that signals which are transmitted over telephone lines, wire, air waves or other modes of communication pass through communication networks wholly beyond the control of ACADIAN and are not maintained by ACADIAN and, therefore, ACADIAN shall not be responsible for any equipment failure which prevents transmission signals from reaching the central station monitoring center or damages arising thereof. Subscriber acknowledges that the provisions of this Agreement exculpating and limiting ACADIAN’s liability are fully applicable to the PERS service. ACADIAN may, without prior notice, suspend or terminate its services in event of Subscriber’s default in performance of this Agreement.
    
    
12. SUBSCRIBER'S CARE OF EQUIPMENT: REPAIRS AND ADDITIONS: Subscriber agrees not to tamper with, remove or otherwise interfere with the PERS or Subscriber will incur a service fee of $25.00 (United States Dollars). The equipment shall remain in the same location as installed and Subscriber agrees to bear the cost of repairs, replacement, relocation or additions to the system made necessary as a result of any painting, alteration, remodeling or damage, including damage caused by unauthorized intrusion to the premises, lightning or electrical surge, except for ordinary wear and tear, in which event repair or replacement shall be made by ACADIAN without additional charge.
    
    
13. ALTERATION OF PREMISES FOR INSTALLATION: ACADIAN is authorized to make preparations such as drilling holes, driving nails, making attachments or doing any other thing necessary in ACADIAN’s sole discretion for the installation and service of the PERS. ACADIAN shall not be responsible for any condition created thereby as a result of such installation, service, or removal of the PERS. ACADIAN shall not be responsible for the condition of the premises upon removal of the PERS and Subscriber represents that the owner of the premises, if other than Subscriber, authorizes the installation of the PERS under the terms of this Agreement.
    
    
14. SUBSCRIBER'S DUTY TO SUPPLY ELECTRIC AND TELEPHONE SERVICE: Subscriber agrees to furnish, at Subscriber's expense, (1) all 110 Volt AC power and electrical outlets and receptacles, (2) internet connection, high speed broadband cable, DSL and IP Address, or telephone connection and hook-ups. In addition, Subscriber acknowledges receipt of Addendum A located below and incorporated herein by reference.
    
    
15. DELAY IN INSTALLATION: ACADIAN shall not be liable for any damage or loss sustained by Subscriber as a result of delay in installation of equipment, equipment failure, or for interruption of service due to electric failure, phone service or Internet service failure, strikes, walk-outs, war, acts of God, or other causes, including ACADIAN’s negligence in the performance of this Agreement, and Subscriber shall not be relieved from payments due under this Agreement for such period.
    
    
16. TESTING AND SERVICE OF PERS: The parties hereto agree that the PERS, once installed, is in the exclusive possession and control of Subscriber, and it is Subscriber's sole responsibility to test the operation of the PERS and to notify ACADIAN if it is in need of repair. ACADIAN shall not be required to service the PERS unless it has received notice from Subscriber. Upon such notice, ACADIAN shall begin servicing the equipment to the best of its ability within forty-eight (48) hours, which does not imply physically replacing or repairing the equipment within that time frame, exclusive of Saturday, Sunday and legal holidays, during the business hours of 9 a.m. and 5 p.m. In the event Subscriber complies with the terms of this Agreement and ACADIAN fails to begin to act on repairs of the equipment within forty-eight (48) hours after notice is given, excluding Saturdays, Sundays, and legal holidays, Subscriber agrees to send notice that the PERS is in need of repair to ACADIAN by certified or registered mail (return receipt requested) and Subscriber shall not be responsible for payments due while the PERS remains inoperable. If ACADIAN fails to begin repair of the PERS within forty-eight (48) hours after receipt of said written notice, Subscriber shall not be obligated to pay any amount for service from date said written notice is given, until the PERS is restored to working order. In any lawsuit between the parties in which the condition or operation of the PERS is in issue, Subscriber shall be precluded from raising the issue that the PERS was not operating unless Subscriber can produce a post office certified or registered receipt, signed by ACADIAN, evidencing that service was requested by Subscriber.
    
    
17. SUBSCRIBER TO INSURE PERS: Subscriber shall insure ACADIAN’s PERS against fire and casualty and Subscriber agrees to name ACADIAN in said insurance policy as "loss payee" to the extent of the value of the equipment as set forth hereinabove. Subscriber shall be responsible for any loss occasioned by fire or casualty and the cost of replacing or restoring the PERS. Notwithstanding the condition of Subscriber's premises, or ACADIAN’s impossibility of performance occasioned by condition of Subscriber's premises, Subscriber shall remain liable for monthly payments for the term of this Agreement without offset or reduction.
    
    
18. ASSIGNMENTS/WAIVER OF SUBROGATION RIGHTS: Subscriber shall not be permitted to assign this Agreement without written consent of ACADIAN. Any such assignment without prior approval shall be deemed a breach of this Agreement. ACADIAN shall have the right to assign this contract and shall be relieved of any obligations created herein upon such assignment. Subscriber on its behalf and any insurance carrier waives any right of subrogation Subscriber's insurance carrier may otherwise have against ACADIAN or ACADIAN’s subcontractors arising out of this Agreement or the relation of the parties hereto. Subscriber shall not be permitted to assign this Agreement without written consent of ACADIAN. ACADIAN shall have the right to assign this contract and shall be relieved of any obligations created herein upon such assignment.
    
    
19. INDEMNITY: Subscriber agrees to and shall indemnify and hold harmless ACADIAN, its employees, agents and subcontractors, from and against all claims, lawsuits, including those brought by third parties, including reasonable attorneys' fees, and losses asserted against and alleged to be caused by ACADIAN’s performance, negligent performance or failure to perform its obligations under this Agreement. Parties agree that there are no third party beneficiaries of this contract.
    
    
20. REMOVAL OF PERS: Upon termination of this Agreement ACADIAN shall be permitted to remotely delete programming and allowed access to Subscriber's premises to remove the PERS. If for any reason caused by Subscriber, or the owner of the premises if other than Subscriber, said PERS is not recovered by ACADIAN within twenty-four (24) hours of such termination, ACADIAN shall not be required to service the PERS, and may order the termination of any central station monitoring or other services, and Subscriber shall remain liable for all payments called for herein.
    
    
21. LEGAL ACTION: The parties agree that due to the nature of the services to be provided by ACADIAN the payments to be made by Subscriber for the term of this Agreement are an integral part of ACADIAN’s anticipated profits, and in the event of Subscriber's breach of this Agreement it would be difficult if not impossible to reasonably estimate ACADIAN’s actual damages. Therefore, in the event of Subscriber's default of this Agreement Subscriber shall pay to ACADIAN 80% of the balance due for the term of this Agreement as liquidated damages, and ACADIAN shall be permitted to terminate all its services under this Agreement without relieving Subscriber of any obligation herein. Additionally, in the event of Subscriber's breach of this Agreement ACADIAN may, at its option, either remove its equipment or deem the equipment sold to Subscriber for 80 % the amount specified as the value of the equipment. The parties waive trial by jury in any action between them. In any action commenced by ACADIAN against Subscriber, Subscriber shall not be permitted to interpose any counterclaim. Any action by Subscriber against ACADIAN must be commenced within one (1) year of the accrual of the cause of action or shall be barred. All actions or proceedings against ACADIAN must be based on the provisions of this Agreement. Any other action that Subscriber may have or bring against ACADIAN 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. Should ACADIAN prevail in any litigation between the parties Subscriber shall pay ACADIAN’s legal fees. This Agreement shall be governed by the laws of the State of Louisiana. Subscriber submits to the jurisdiction of Louisiana and agrees that any litigation between the parties must be commenced and maintained exclusively in the State of Louisiana in the County where ACADIAN has its main office.
    
    
22. ADDITIONAL PAYMENTS: In addition to the payments set forth herein, Subscriber agrees to be liable for and pay to ACADIAN any excise, sales, property, or other tax, telephone line charges, and any increases thereof, which may be imposed upon ACADIAN because of this Agreement. Should ACADIAN be required by existing or here after enacted law to perform any service or furnish any material not specifically covered by the terms of this Agreement Subscriber agrees to pay ACADIAN for such service or material.
    
    
23. FALSE ALARMS: Subscriber agrees to reimburse ACADIAN for any fine, penalty or fee assessed against ACADIAN by any governmental or municipal agency as a result of false alarms originating from the Subscriber’s premises. Excessive numbers of false alarms may be deemed by ACADIAN to be a material breach of this Agreement by the Subscriber and ACADIAN may, at its option, in addition to all legal remedies available, be excused from further performance of obligations under this Agreement upon giving of ten (10) days advance notice to Subscriber.
    
    
24. ACADIAN’S RIGHT TO SUBCONTRACT SPECIAL SERVICES: Subscriber agrees that ACADIAN is authorized and permitted to subcontract any services to be provided by ACADIAN to third parties who may be independent of ACADIAN, and that ACADIAN shall not be liable for any loss, damage or injury sustained by Subscriber by reason of any other cause whatsoever caused by the negligence of third parties. Subscriber acknowledges that this Agreement, and particularly those paragraphs relating to ACADIAN’s disclaimer of warranties, exemption from liability, even for its negligence, limitation of liability and indemnification, inure to the benefit of and are applicable to any assignees, subcontractors and communication centers of ACADIAN.
    
    
25. NO WARRANTIES OR REPRESENTATIONS: SUBSCRIBER'S EXCLUSIVE REMEDY: ACADIAN does not represent nor warrant that the PERS will prevent any loss, damage or injury to person or property, or that the PERS will in all cases provide the protection for which it is installed or intended. Subscriber acknowledges that ACADIAN is not an insurer, and that Subscriber assumes all risk for loss or injury to Subscriber's property or person. ACADIAN has made no representation or warranties, and hereby disclaims any warranty of merchantability or fitness for any particular use. Subscriber's exclusive remedy for ACADIAN’s default hereunder is to require ACADIAN to repair or replace, at ACADIAN’s option, any equipment or part of the PERS which is non-operational.
    
    
26. EXCULPATORY CLAUSE: The parties agree that ACADIAN is not an insurer and no insurance coverage is offered herein. Subscriber's payments to ACADIAN are for the installation, rental and service of a PERS designed to reduce certain risks of loss, though ACADIAN does not guarantee that no loss will occur. ACADIAN is not assuming liability and therefore shall not be liable to Subscriber for any loss or injury sustained by Subscriber as a result of any cause whatsoever, regardless of whether or not such loss or injury was caused by or contributed to by ACADIAN’s negligent performance, failure to perform any obligation, or strict product’s liability. Subscriber releases ACADIAN from any claims for contribution, indemnity or subrogation.
    
    
27. LIMITATION OF LIABILITY: The parties agree that the PERS is not designed or guaranteed to prevent any loss or injury. If, notwithstanding the terms of this Agreement, there should arise any liability on the part of ACADIAN as a result of any cause whatsoever, regardless of whether or not such loss, damage, or personal injury was caused by or contributed to by ACADIAN’s negligence to any degree, failure to perform any obligation, or strict products liability, such liability will be limited to an amount equal the sum of $250.00(United States Dollars). This shall not be construed as insurance coverage.
    
    
28. CONFLICTING DOCUMENTS. Should there arise any conflict between this Agreement and Subscriber's purchase order or any other document, this Agreement will govern, whether such purchase order or other document is prior to or subsequent to this Agreement.
    
    
29. FORCED ENTRY. Subscriber understands and agrees that in the event an emergency is received and if responders or emergency authorities are sent, forced entry may be used if necessary to respond appropriately to the emergency. Subscriber shall indemnify, hold harmless and defend any such emergency responder, emergency authority, ACADIAN, or its agents or employees against all claims, suits, damages and costs or expenses resulting from such forced entry.
    
    
30. FULL AGREEMENT/SEVERABILITY. This Agreement constitutes the full understanding of the parties and may not be amended, modified or canceled except in writing signed by both parties. Should any provisions of this Agreement be deemed void, all other provisions will remain in effect.
    
    

For best use of Subscriber’s PERS Acadian On Call recommends connection to a RJ31X telephone jack. RJ31X telephone jacks allow for PERS’ to call for help when activated, even when another telephone extension is off the hook or being use within the home. Acadian On Call does NOT provide or install RJ31X telephone jacks. If Subscriber decides to use a RJ31X telephone jack it can be supplied and installed by Subscriber’s local telephone company or private telephone service company. Subscriber is responsible for providing all payments to the parties supplying and installing the RJ31X telephone jack.

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Subscriber’s Signature

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ACADIAN ON CALL, a division of Acadian Monitoring Services


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Distributor’s Representative

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Revised 07/30/10

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