Home Guardian 2
STEP 1: Complete and mail back Service Agreement.
Complete and mail back the enclosed
Service Agreement.
Once you’ve conrmed that all of the information is correct, please sign and date the bottom of the Service
Agreement, where indicated, and return it to us in the prepaid envelope provided within seven (7) business
days. Please keep the second copy for your own personal records.
SERVICE AGREEMENT
1818 Market Street, Suite 1200
Philadelphia, PA 19103
Phone: (800) 313-1191
PLEASE SIGN TWO COPIES. RETA IN ONE FOR YOUR RECORDS AND RETURN THE OTHER WITHIN
SEVEN DAYS. CROSS OUT AND MAKE ANY CHANGES OR ADDITIONS AS NEEDED.
«HTML:ACCOUNT_LEAD_ID_BARCODE»
Please list up to 4 emergency contacts below in the order to be contacted.
«ACCOUNT_EMERGENCY_CONTACT_ 1_PHONE_CELL»
«ACCOUNT_EMERGENCY_CONTACT_3 _NAME»
«ACCOUNT_EMERGENCY_CONTACT_ 3_TYPE»
«ACCOUNT_EMERGENCY_CONTACT_3_PHONE_HOME»
«ACCOUNT_EMERGENCY_CONTACT_ 3_PHONE_CELL»
«ACCOUNT_EMERGENCY_CONTACT_4 _NAME»
«ACCOUNT_EMERGENCY_CONTACT_ 4_TYPE»
«ACCOUNT_EMERGENCY_CONTACT_4_PHONE_HOME»
«ACCOUNT_EMERGENCY_CONTACT_ 4_PHONE_CELL»
Medical Guardian will store the information contained on this Service Agreement to aid in the event of a n emergency. Please e
nsure that it is accurate,
complete and returned promptly. CUSTOMER AGREES TO T HE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT INCLUDING THOSE ON THE REVERSE
ACKNOWLEDGES HAVING READ THIS AGREEMENT IN ITS ENTIRETY.
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Terms and Conditions of Use
THE SYSTEM AND MONITORING SERVICES The "System" refers to Company’s
personal response console, personal transmitter(s) and any other accessories or
devices provided by Company, including any lo ck box. "Premises" refers to
Subscriber’s address set-forth above.
These units are owned by Medical Guardian (further referred to as “Company”)
and are located at t he Subscriber’s premise, since there is no other way to
monitor the system witho ut the System and accessories.
Monitoring service consists solely of monitoring service personnel (“Personnel”)
alerting the persons, entities or agencies you have identified in writing
("Responders"). Company will provide monitoring and notification service s
seven (7) days per week, twenty-four (24) hours per day. Afte r the mo nitoring
facility (Faci lity) receiv es data or other communication from the System
reporting conditions that r equire assistance (a "Response Condition"). After the
Facility receives a Response Condition, but before alerting any Responders,
Personnel may, in their sole and absolute discretion and without any liability, (a)
contact or attempt to contact the Premises as frequently as they deem
appropriate to verify the need to alert Responders to the Response Condition;
and (b) after being told by anyone at the Premises to disregard the Response
Condition, not alert Responders of the Response Condition or advise
Responders to disregard the Response Condition.
ASSIGNEES AND SUBCONTRACTORS. Thi s Agre ement is not ass igna ble by yo u.
This Agreement or any portion thereof is assignable by Company in its sole
discretion. Company may, in its sole and absolute discretion, subcontract for
the provision of services under this Agreement. You acknowledge and agree
that the provisions of thi s Agreement inure to the benefit of and are applicable
to any subcontractors engaged by Company to provide any service set forth
herein to you, and bind you to such subcontractors with the same fo rce and
effect as they bind you to Company.
PAYMENT. The Subscriber understands that billing commences on the date
services are ordered (further referred to as ‘Point of Sale’) and will be ch arged to
the payment method authorized at the point of sale for the amount specified
by Company. The renewal payment will be due each billing cycle (monthly,
quarterly, or annual) unless and until th is Agreement is terminated. The
Subscriber authorizes Company to auto withdraw the renewal payment using
the default payment method on file at the time the subscription is scheduled
to renew. The Subscriber agrees to pay all sales, service, property, use and local
taxes, and any additional fees or charges arising under this
Agreement. Balances that are over thirty (30) days past due will be subject to a
month ly financ e charge equal to 1. 5% per mon th or the maximum allowable by
law. In the event that it becomes necessary for Company to undertake legal
proceedings to collect payments due under this Agreement, the Subscriber
agrees to reimbur se all reasonable attorneys’ fees associated wi th such
collection action, except where prohibited by law.
TERM & TERMINATION. This “Term an d Condition of Use” shall begin when the
payment of the System has been successfully processed and will conti nue
unless and until terminated as provided below. Company, in its sole discretion,
may suspend the Services or terminate this Agreement. The Subscriber may
terminate this Agreement at any time by returnin g the equipment to Company
at the Subscriber’s expense. System should be returned to Medical Guar dian,
109 Rogers Road Suite 3 & 4, Wilmington, DE 19801. Subscriber understands
there is a three month minimum commitment for se rvice. Any unused portion
of the prepaid monitoring beyond the minimum three months will be returned
to the Subscriber in the form of an electronic or check refund. In the event
Subscriber cancels and equipment is returned within 10 calendar da ys from th e
point of sale a full refund will be issued less a resto cking fee of $50.
If Subscrib er fails to make payment, Comp any will notify Subscri ber of the date
Services will be te rminated. All notification s of termination will be delivered to
most recent billing address provided by Subscriber. Once Services are
terminated, Company is not liab le for injury or any expenses that may be
incurred by Subscriber as a result of Services being terminated. If Com pany
reactivates the Services, the Subscriber shall pay, in adv ance, Company’s then
prevailing reconnection fee. If the System is not returned within thirty (30) days
following the termination of the Services, the Subscriber authorizes the
Company to collect a one-time p ayment of Three Hundred Fifty Dollars
($350.00) for the cost of System and its accessories using the default payment
method on file.
SYSTEM I NSTALLATION A ND USE. Subscriber must abide by Company’s
written requirements for the installation and use of the System (the “Installation
and Use Requirements”). The Installation and Use Requirements are
incorporated by reference in this Agreement as if set forth in full herein.
Subscriber acknowledges receipt of a copy of the Installation and Us e
Requirements with the delivery of the System. Company may re-publish the
Installation and Use Requirements from time-to-time and Subscriber shall be
bound thereby upon Company’s delivery thereof to Subscriber.
FALSE ALARMS AND FORCED ENTRY. If the System is activated for any reaso n,
you alone shall pay any fines, fees, costs, expenses or penalties assessed against
you. Company or Facility by any court or governmental agency. You must
provide Responders access to the Premises. If you fail to provide access,
Responders may use force to enter the Premises, and that may result in
damage. You alone are respo nsible for any such damage. Company has no
contr ol over re sponse times for Re spond ers. You ac knowled ge that you may be
able to reach Responders more quickly by telephone, including by dialing 911.
You hereby re lease Company and Re sponders from all claims, losses and
damages that may arise from any forced entry or delayed response.
SYSTEM EQUI PMENT. The System may include, depending on the plan
selected, a b ase station (wire d or cellular), mobile device, cradle charger,
pendant and automatic fall detection pendant. Company recommends using
an RJ31X or equivalent telephone jack to give the wired base station priority over
other telephones in the Subscriber premises. When the wired base station is
using the home phone line to con nect to the monitor ing center, the Subscriber
will not be able to use the Subscriber home telephone to make other calls
(including 911 calls). Therefore, the Subscriber may opt to have the System
conn ecte d to a seco nd tel epho ne lin e. If the Sub scri ber ch oose s to use a se cond
phone line, the Subscriber must provide that number to Company in addition
to the Subscriber primary home phone number.
The Subscriber is responsible for ensuring that the Subscriber phone is in good
working ord er. The use of DSL, VoIP or other bro adband telephone service may
prevent the Sy stem from transmitti ng alarm signals or interfere wi th the
telephone line-seizure feature of the alarm system (or both). DSL, VoIP or other
broadband service should not be installed on a telephone number that is used
for alarm signal transmission. If the Subscriber plans to in stall DSL, Vo IP or ot her
broadband service, the Subscriber should test the System IMMEDIATELY AFTER
THE INSTALLATION OF ANY SUCH SERVICES. Compan y, in its sole discretion,
may repair or replace the System if it become s damaged or is defective, unless
(i) the System has previously been disassembled, repaired or modified by
someone other than us or our authorized service representative or (ii) the
System has been damaged as a result of the negligence or misconduct by any
person other than us or our authorized service representative.
LIMITATIONS OF THE SYSTEM AND THE SERVICES. Company is not
responsible for the promptness, sufficiency or adequacy of the action of any
Responder. Company will not send any of its personnel to the Subscriber
location in response to an emergency signal. Neither the System n or the
Services can prevent death, bodily or personal injury, or any other harm or
dama ge to th e Subsc ribe r or oth ers who use them . The System and the Services
rely on the availability of the Subscriber home telephone service provider,
cellular network coverage, and the availabi lity of global positioning system
(“GPS”) data to operate properly. These systems are provided by a third party
and cannot be controlled by Company. There is always a chance that the
System may fail to operate properly. The Fall Detection Pendant does not
detect 100% of falls. If Client is able, Client should press your help button on
Fall Detection Pendant in the event of an emergency. The 911 emergency
services line is an alternativ e to the System and the Services.
INSURANCE. Company is not an insurer. The monitoring service fee is based
solely on the services we provide and the limitation of liability and other
protections arising under this agreement. Accordingly, you shall maintain
insur ance in an amount suf ficien t to prov ide full and complete coverage for any
loss, damage or expense that may be sustained by you, your family or others,
including medical insurance, disability insurance, life insurance and property
insurance. Company and representatives (as that term is defined in the next
paragraph) are released for all s uch loss, damage and expense.
LIMITATION OF LIABILI TY. Should there arise any liability on the part of
company or any of its officers, directors, shareholders, members, partners,
employees or sub-contractors (and the employees of sub-contractors)
(collectively, “representati ves”) for any personal injury or death or any other loss,
damage, cost or expense, property damage or other liability arising out of or
from, in connection with, or related to any reason, including the (1) active or
passive, sole, joint or several negligence of any kind or degree of company or any
of the representatives, (2) improper operation of the system or the fail ure of the
system to operate; (3) b reach o f contr act, or (4) any claims for subrogation,
contribution or indemnification, all such liability s hall be limited to the
maximum sum of $1,000.00, collectively for company and representatives
CONSEQUENTIAL DAMAGES. In addition to any other provision in this
agreement, company shall not be liable for any general, direct, special,
exemplary, punitive, inci dental or consequential damage s.
WAIVER OF SUBR OGATION. You waive any rights your insurance company
may have to sue company or representatives for money paid to you or on your
behalf.
INDEMNIFICATION. If anyone other than you, including your insurance
company, asks company or representatives to pay for any loss, damage, cost or
expense (including p roperty damage, personal in jury or death) arising out of or
from, in connection with, related to, as a consequence of, or resulting from any
reason, including (1) the active or passive, sole, joint or several negligence of any
kind o r degree of company or any of the representatives, (2) the improper
operation of the system or the failu re of the system to operate ; (3) the breac h of
contract, or (4) any clai ms for subrogation, indemn ification or contribution, you
agree to pay (without any conditi on that company or representatives first pay)
for all such loss, damage, cost and expense, including attorneys' fees, which may
be asserted against or incurred by company or any of the representatives in
connection with any and all such claims.
SEVERABILITY Should any provision hereof (or portion thereof), or its
application to any circumstances, be held illegal, invalid or unenforceable to any
extent, the validity and enforceability of the remainder of the provision and th is
Agreement, or of such provisions as applied to any other circums tances, shall
not be affec ted the reby , and sh all rem ain in full fo rce and effec t as vali d, bin ding
and continuing.
ENTIRE AGREEM ENT. T his Agreement constitutes the entire agreement and
understanding between the Subscriber and Company concerning the su bject
matter hereof and supersedes all prior discussions, agreemen ts and
representations, whether oral or written and whether or not executed. This
Agreement and the respective rights and obligations of the parties hereto shall
be governed by and construed in accordance with the laws of the
Commonwealth of Pennsylvania, without regard to confl ict of law provisi ons. In
the event that it should become necessary for Company to insti tute legal
proceedings to enforce any provision of this Agreement, the Subscriber agrees
to pay Company reasonable attorneys’ fees and costs, except where prohibited
by law.
UPDATES. Company may post updates to these Terms and Conditions of Use
on its website (www.medicalguardian.com) and may also mail updated Terms
and Conditions of Use to the subscribers address o n file.
MGDOC-10034-R003
