NAPCO ComNet Terms and
Conditions
NAPCO
SECURITY TECHNOLOGIES, INC. (NAPCO) OFFERS NO WARRANTIES, EXPRESS OR IMPLIED, WHICH
EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. THERE IS NO EXPRESS OR
IMPLIED WARRANTY OF MERCHANTABILITY OR A WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE. ADDITIONALLY, THIS WARRANTY IS IN LIEU OF ALL OTHER OBLIGATIONS OR
LIABILITIES ON THE PART OF NAPCO.
Any
action for breach of warranty, including but not limited to any implied
warranty of merchantability, must be brought within the six months following
the initiation of the asserted or alleged breach. IN NO CASE SHALL NAPCO BE
LIABLE TO ANYONE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR BREACH OF THIS
OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, EVEN IF THE LOSS OR DAMAGE IS CAUSED
BY THE SELLER'S OWN NEGLIGENCE OR FAULT.
This
warranty contains the entire warranty. It is the sole warranty and any prior
agreements or representations, whether oral or written, are either merged
herein or are expressly cancelled. NAPCO neither assumes, nor authorizes any
other person purporting to act on its behalf to modify, to change, or to assume
for it, any other warranty or liability concerning its products.
In no
event shall NAPCO be liable for an amount in excess of NAPCO's original selling
price of the product, for any loss or damage, whether direct, indirect,
incidental, consequential, or otherwise arising out of any failure of the
product. Seller's warranty, as hereinabove set forth, shall not be enlarged,
diminished or affected by and no obligation or liability shall arise or grow
out of Seller's rendering of technical advice or service in connection with
Buyer's order of the goods furnished hereunder.
NAPCO
STRONGLY RECOMMENDS THAT THE ENTIRE SYSTEM BE COMPLETELY TESTED WEEKLY.
Warning:
Despite frequent testing, and due to, but not limited to, any or all of the
following: inproper installation, criminal tampering, electrical or
communications disruption, it is possible for the system to fail to perform as
expected. NAPCO does not represent that the product/system may not be
compromised or circumvented; or that the product or system will prevent any
personal injury or property loss by burglary, robbery, fire or otherwise; nor
that the product or system will in all cases provide adequate warning or
protection. A properly installed and maintained alarm may only reduce risk of
burglary, robbery, fire or otherwise but it is not insurance or a guarantee
that these events will not occur. CONSEQUENTLY, NAPCO SHALL HAVE NO LIABILITY
FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER LOSS BASED ON A CLAIM THE
PRODUCT OR SERVICE FAILED TO GIVE WARNING. Therefore, the installer should in
turn advise the consumer to take any and all precautions for his or her safety
including, but not limited to, fleeing the premises and calling police or fire
department, in order to mitigate the possibilities of harm and/or damage.
NAPCO is not an insurer of either the
property or safety of the user's family or employees, and limits its liability
for any loss or damage including incidental or consequential damages to NAPCO's
original selling price of the product regardless of the cause of such loss or
damage.
Some states do
not allow limitations on how long an implied warranty lasts or do not allow the
exclusion or limitation of incidental or consequential damages or differentiate
in their treatment of limitations of liability for ordinary or gross
negligence, so the above limitations or exclusions may not apply to you. This
Warranty gives you specific legal rights and you may also have further rights
which vary from state to state.
NAPCO and Dealer agree
that NAPCO’s sole obligation under this agreement is the transmission of alarm
and event signals from a properly installed fire life safety /security system
at the protected premise to the central station contracted or owned by the
Dealer. Services provided by NAPCO do not include the monitoring of the fire
life safety / security system, and the contacting of the local authorities,
which is the sole responsibility of the Dealer.
System Testing.
The Dealer agrees to fully test the system by transmitting all possible signals
to the central station upon system deployment and confirm with the central
station personnel that the test signals were properly received.
Carrier limitations. The Dealer recognizes that
the communications services provided hereunder are subject to transmission
limitations caused by atmospheric conditions, telecommunication carrier service
interruptions, third-party related issues, or other conditions. NAPCO is not
responsible for the above limitations or any other conditions outside of
NAPCO’s control that may prevent the delivery of signals to the central
station.
Device
Supervision. All NAPCO communicators provide the Dealer with supervision
features that monitor essential services and operations to ensure proper system
performance. These features provide local and remote indication of potential
system troubles that may inhibit proper system operation. These system trouble
signals include, but are not limited to, loss of carrier signal, failure of
supervisory poll to the NAPCO NOC, lack of a kiss-off from the central station
receiver or degradation of communicator system power. These supervision features will initiate a
trouble report to the central station and/or cause local annunciation at the
protected premise, indicating the system trouble to the occupants. The dealer
agrees to configure and test these supervision features as required by
Underwriters Laboratories, NFPA, national, state, and local authorities.
Device
Status. The Status of all NAPCO communicators registered to the Dealer can
easily be acquired through the NAPCO StarLink NOC. A
full device status report can easily be exported from the NOC, allowing the
Dealer to periodically review the date of last signal received to ensure that
the communicators are active and checking into the NOC at the required
interval.
Monthly invoice. NAPCO will provide the Dealer with access
to a monthly invoice that details all active units with the corresponding
monthly charge. This invoice may be downloaded by the Dealer through the NAPCO ComNet portal. The invoice will indicate the communicator
radio ID#, the associated service
plan, the name of the subscriber and the monthly charge for the unit.
Device Activation.
Non-refundable monthly service charges will commence upon device activation by
the Dealer through the NAPCO ComNet portal, based on
the service plan specified by the Dealer. The non-refundable monthly service
charges will continue whether the device remains under power and in service, or
has been lost, stolen or is otherwise inaccessible.
Device Deactivation. The
device will remain active and monthly service charges will continue to be
billed until the device has been suspended by the Dealer. To suspend a device,
Dealer must use the NAPCO ComNet portal to change the
device status to suspended, which will temporarily take the device out of
service. While a device remains suspended, there will be no communication of
events to the central station and there will be no billable monthly charges.
IMPORTANT: A device may remain in a suspended state for a maximum of 6 months,
at which point the device status may be
switched to terminated, at NAPCO’s sole discretion and the device cannot be
reactivated.
Credit
Card Billing. Credit Card accounts are automatically invoiced on the first day
of each month. NAPCO reserves the right to shut off or suspend accounts
associated with a rejected credit card at any time as permitted by law. As a courtesy for accounts in good standing,
should credit card invoicing fail due to insufficient funds, expired credit
card account or any other reason, an email notification will be sent to the
email address on file for the Dealer account as notification of the delinquent
account. This notification email will indicate to the Dealer the reason for
non-payment and provide instructions on how to remedy the account. If the
account is still delinquent on the 8th day of the month, a second
email notification will be sent. If on the 17th of the month, the
account is still delinquent, a third
email notification will be sent. Should the account
remain delinquent, on the 24th of the month a 4th email
will be sent, indicating that the communicators associated with the delinquent
account have been suspended with a recommendation that alternative methods of
security communication be arranged by the Dealer to ensure that the subscriber
is protected. To reactivate the devices, the Dealer must first correct the
credit card issues and may then reactivate the device though the ComNet portal. Log into ComNet,
go to Device Management, click on Subscriptions, and click the Reactivate/Pay
tab. The ComNet account and all associated devices
will be reactivated, and a minimum $50.00 reactivation service charge will be
automatically applied to the account.
The Dealer will remain responsible for payment for the entire period
that an account remains active.
Unlimited
Signal Restrictions. NAPCO promotes service plans that reference inclusion of
unlimited signals. The term “unlimited signals” is limited to the processing of
reasonable signal activity emanating from a properly maintained and operating
control panel. Improper installation, neglect, or
negligence in remedying a malfunctioning system may result in transmission of
unreasonably frequent and excessive signals. NAPCO reserves the right to charge supplemental fees for
signals determined to be “severe runaway signals” as defined below.
Runaway policy. NAPCO has instituted tools that monitor
and preemptively identify unreasonably frequent
and excessive signals, including real time
notifications to the Dealer. Dealer agrees that NAPCO StarLink communicators
are to be used for typical access control, intrusion, or fire / life safety
communications that generate reasonable system activity. Should a control panel
experience a severe runaway condition that causes the communicator to transmit
excessive signals, NAPCO will add a surcharge to the monthly service bill for
that communicator. A severe runway is
defined as a single communicator that transmits over 5,500 signals in one month, which will
result in a surcharge charge for every signal over 5,500 transmitted by a
single communicator over a one-month period. Exceptions may be granted, in advance, at NAPCO’s
sole discretion for
documented cases of testing of very large systems. NAPCO provides timely
automated notifications of runaway devices to the Dealer as well as tools that
allow the Dealer to place an event or zone on “test”, which will temporarily
stop specific zones or events from being transmitted if the issue cannot be
immediately addressed. Placing a problematic event or zone on “test”, will
allow the balance of the alarm system to communicate normally, ensuring that
the protected premise remains protected until the issue can be addressed.
Notification
policy. NAPCO will, from time to time, send alerts and notifications regarding
NAPCO StarLink Services, the Dealer’s ComNet account status and the status of communication
devices being processed by NAPCO. It is the Dealer’s responsibility to ensure
that the contact information in their NAPCO ComNet
profile is correct and that they can receive and read these email notifications
on a real time basis.