Terms and Conditions

IT IS THEREFORE AGREED:

Introduction. Subscriber (Client, you, your), at the location indicated on Page 1 of this Agreement, has contracted with the listed BluePoint Alert Solutions provider and BluePoint Alert Solutions, (collectively “BPAS”) for some or all of the following: System Specifications, System Installation, System Service and Monitoring Alarm Signals sent from the Subscriber’s premise via communications media including, but not limited to, telephone lines, cellular devices, satellite technology, Internet, and/or radio telemetry and received by means of a monitoring system (hereinafter “System”) and to respond thereto by notifying the party (or parties) identified by the Subscriber. BPAS is NOT responsible, and the Subscriber assumes full responsibility for all communications media used to transmit signals to the monitoring facility. Upon receipt of a signal, BPAS shall WITHOUT WARRANTY attempt to notify the party (or parties) who are identified by Subscriber as the proper party to notify under the circumstances encountered.
Command & Control Incident Management System (“C2”).
1. If you subscribe to C2, we will provide you with access to a two-way, multi-media, communications platform that is designed to send simultaneous notifications to any number of Subscriber designated persons including the Subscriber and the Subscriber’s agents (each a “Contact” and collectively, “Contacts”) by platform, SMS text, telephone or cellphone, including through voicemail, email, and/or social media outlets. The Contacts will then be able to reply to notifications or make notifications, via SMS text, telephone or cellphone, by communicating words or pictures/images. The communication session will begin by the triggering of a System pull station, wireless mobile pendant, gunshot or other type of sensor to be installed within your premises and be a part of your System or by a manual generation of a notification by you. ALTHOUGH C2 IS DESIGNED TO PROVIDE MESSAGING AND NOTIFICATIONS TO ALL CONTACTS, WE DO NOT GUARANTEE THAT ALL CONTACTS WILL IN FACT RECEIVE SUCH MESSAGES OR NOTIFICATIONS FOR VARIOUS REASONS THAT MAY OR MAY NOT BE BEYOND OUR CONTROL INCLUDING BUT NOT LIMITED TO: PRIVATE CELLULAR NETWORKS MAY GO OFFLINE FROM TIME TO TIME, CONTACT’S DATA PLAN LIMITATIONS, NETWORK TRAFFIC CAPACITIES, CONTACT COMMUNICATIONS DEVICE AVAILABILIT C2 also can provide a Visual Point Identification (VPI) that depicts where in a premise an alarm has been activated, and Document Storage. You are responsible for: (i) the correctness of the information inputted into the platform as to the location of devices (ii) what documents are stored as to content and integrity (iii) any modification to the documents. Document availability may be limited for reasons beyond BPAS control including but not limited to the following: document type/size, service throughput, and the devices used to display the document.
2. If you subscribe to C2+Mobile “C2+M”. You understand that when the device is activated, a transmission of a notification or request for service is initiated from an electronic device communicating via cellular signal that is in a vehicle or on a person that may or may not be stationary. You understand that the notification or request for service might not be successfully transmitted to BPAS for reasons including but not limited to: lack of signal strength, signal interference, equipment and/or power/battery issue(s). You understand that upon receipt of a viable transmission, BPAS will make a commercially reasonable effort to determine the general location of the vehicle or person by converting the Longitude and Latitude coordinates transmitted at the time of the device activation. You understand that whether or not the vehicle or person is stationary, the Longitude and Latitude transmitted with the notification or request for service may or may not be linked to a specific street address. If an authority agency request for service is required, BPAS may or may not be able to determine the Authority Having Jurisdiction (AHJ) over the location that is associated with the Longitude and Latitude of location provided. BPAS will make a commercially reasonable effort to determine the most likely authority agency and will attempt to make a request for service. If BPAS determines that the first authority agency contacted is not the AHJ, BPAS will attempt to contact the second most likely AHJ and so on and so forth until a successful AHJ contact is made or it is determined by BPAS that the appropriate contact cannot be made. Simultaneously to the AHJ contact attempt(s), BPAS will populate your C2 two-way, multi-media, communications platform with information regarding the device activation. The platform is designed to send notifications to any number of Subscriber designated persons including the Subscriber and the Subscriber’s agents (each a “Contact” and collectively, “Contacts”) from the platform, SMS text, telephone or cellphone, including through voicemail, email, phone app and/or social media outlets. The Contacts will then be able to reply to notifications or make notifications, via SMS text, email, phone app, social media, telephone or cellphone, by communicating words or pictures/images. The communication session will begin with the receipt of a viable transmission of the activation of a system device or by a manual generation of a notification by you. ALTHOUGH THE C2+M IS DESIGNED TO PROVIDE MESSAGES AND NOTIFICATIONS TO ALL CONTACTS, WE DO NOT GUARANTEE THAT ALL CONTACTS WILL IN FACT RECEIVE SUCH MESSAGES OR NOTIFICATIONS FOR VARIOUS REASONS THAT MAY OR MAY NOT BE BEYOND OUR CONTROL INCLUDING BUT NOT LIMITED TO: PRIVATE CELLULAR NETWORKS MAY GO OFFLINE FROM TIME TO TIME, CONTACT’S DATA PLAN LIMITATIONS, NETWORK TRAFFIC CAPACITIES.
3. You understand that it will be solely your responsibility to: (i) procure, keep current and remove, as needed, all applicable contact information of all Contacts, (ii) obtain prior consent from each Contact to receive SMS text or other messages and calls as part of C2, even if standard message and data charges may be apply, and to have communications from such Contacts be displayed to some or all other Contacts, (iii) educate and instruct each Contact on the use of C2, and (iv) comply and cause all Contact to comply with applicable privacy laws and not to use the System so as to violate privacy and other legal rights of third parties; neither you nor any Contact shall use the C2 for any unlawful purpose. We may require you to have each Contact sign and acknowledge terms and conditions of use of C2, including the terms above.
4. BPAS does not make any warranty, express or implied to you or any Contact, or assume any legal liability or responsibility, whatsoever, for the accuracy, completeness, usefulness or legal effect of any information provided through C2, or for Contacts’ registration and participation in C2.
5. You agree that whenever our rules or state or federal regulations impose any requirement or prohibition on you, you will cause all other Contacts and any other person having access directly or indirectly through you to the System and C2 to comply with such rule, requirement or prohibition. You will be responsible for any noncompliance by any Contact, System users and any other person having access directly or indirectly through you to the System and C2.
6. We reserve the right to store all events, notifications and related information received through the System or C2.
7. You acknowledge and agree that all monitoring and C2 software, computer codes and monitoring information remain our sole and exclusive property or the property of our subcontractor and/or licensors.
8. C2 is provided through a secure website. BPAS, its subcontractor(s) and licensor(s) will make a commercially reasonable effort to maintain the website’s security and the security of the Subscriber provided information.
Payments are due 30 days from the date services are rendered or the invoice date, whichever occurs earlier. Payments more than 15 days late will be assessed a late payment charge of 1.5% per month (18% per year) but in no event higher than the maximum amount allowed by law on the total balance together with all costs and expenses, including reasonable attorney’s fees, incurred by BPAS in collecting such overdue amounts.
All agreements for service are for a period of 5 years, except where noted. After the initial five-year period, this agreement shall automatically renew for successive five-year terms, unless terminated by either party upon written notice at least 30 days prior to the anniversary date, at which time such termination will take effect. Early termination or cancellation will result in full payment of the unearned portion of the contract terms, subject to undue enrichment statues. Also, this agreement may be cancelled by BPAS at any time, upon a ten (10) day written notice, if false notifications and/or “runaway” signals repeatedly occur.
Waiver of Warranty. Exculpatory Clause. Subscriber understands that BPAS offers several levels of protection services and that the level described has been chosen by Subscriber after considering and balancing various levels of protection afforded and their related costs. It is understood and agreed that: BPAS 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 of any of subscriber’s property, or the property of others located at subscriber’s location, the value of which is known only by subscriber. BPAS is not liable for losses caused by the malfunction or non-function of the system or equipment or the monitoring, signal handling or dispatching services even if due to BPAS’s negligence or failure to perform. SUBSCRIBER is aware that circumstances where service may not work include but are not limited to a proper surge suppression system or wireless backup system not being employed. BPAS MAKES NO GUARANTEE OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE SERVICES SUPPLIED WILL AVERT OR PREVENT OCCURRENCES, OR THE CONSEQUENCES THEREFROM, WHICH THE SERVICES ARE DESIGNED TO DETECT. BPAS MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED THAT THE EQUIPMENT SUPPLIED, OR ANY HARDWARE, SOFTWARE OR NETWORKS USED IN CONNECTION WITH THE SYSTEM SHALL CORRECTLY HANDLE THE PROCESSING.
Third Party Indemnification. Since the parties agree that Subscriber retains the sole responsibility for protecting against losses to its own property and the property of others located on its premises and for the life and safety of all persons on its premises, Subscriber agrees to indemnify, defend and hold harmless BPAS, its officers, employees, agents, subcontractors, suppliers, or representatives from and against all claims, lawsuits, and losses, including attorneys’ fees, by persons not a party to this Agreement, alleged to be caused by the improper operation of the alarm system and/or monitoring system, whether due to malfunctioning or non-functioning of the System or the negligent performance or non-performance of the monitoring services or other installation, maintenance, or other services by BPAS, or its officers, employees, agents, subcontractors, suppliers, or representatives.
Limitation of Liability. Liquidated Damages. 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 BPAS to perform any of its obligations or responsibilities herein, including, but not limited to its specifications, installation, service, and/or monitoring service, 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 amount or value of subscriber’s property or the property of others kept at the monitored location which may be lost, destroyed, damaged or otherwise affected by occurrences which the System and/or services are designed to detect; (b) the uncertainty of the response time of any individual or entity should any of these parties be dispatched as a result of a signal being received or an audible device sounding; (c) The inability to ascertain what portion, if any, of any loss would be proximately caused by BPAS’s failure to perform or by its Systems’ failure to operate; or (d) the uncertain nature of occurrences which might cause injury or death to subscriber or any other person. THEREFORE, SUBSCRIBER ACKNOWLEDGES AND AGREES THAT IF ANY LOSS OR LIABILITY IS ALLEGED AGAINST BPAS, IRRESPECTIVE OF CAUSE, INCLUDING, BUT NOT LIMITED TO, WHETHER THE LOSS OR LIABILITY IS CAUSED BY BPAS’S OWN NEGLIGENCE. SUCH LIABILITY SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE ANNUAL MONITORING FEE OR ONE THOUSAND ($1,000.00) 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 BPAS’s sole and exclusive liability. Under no circumstances shall BPAS be liable to subscriber for consequential damages of any nature in excess of such amount, including, without limitation, to real or personal property, loss of property or revenue, cost of capital, costs of purchased or replaced goods, other economic loss or damages for personal injury or damages however occasioned, and whether alleged as caused by the installation, repair, design, sale, lease or failure of the monitoring equipment 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 BPAS, its officers, employees, agents, subcontractors, licensors, suppliers, 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. If subscriber wishes BPAS to increase the amount of the above limitation of liability or liquidated damages, Subscriber may inquire about obtaining an increase to this amount in exchange for the payment of an additional monthly charge, but such additional monthly charge shall not be construed as responsibility to obtain and maintain insurance. The foregoing shall survive the termination or expiration of this Agreement. BPAS assumes no responsibility for any loss in excess of such amount.
Subscriber’s Duties. In addition to Subscriber’s duty to indemnify, defend, and hold BPAS, its officers, employees, agents, subcontractors, suppliers, or representatives harmless as provided above: (a) Subscriber shall cooperate with BPAS in the installation, operation, and maintenance of the system and agrees to follow all instructions and procedures which may be prescribed for the operation of the System, the rendering of services and the provision of monitoring for the premises. (b) Subscriber shall pay all charges made by any telephone company or other utility or communications organization for installation, leasing, and services charges of telephone lines or other communications technologies connecting Subscriber’s premises to BPAS. Subscriber acknowledges that notification signals from Subscriber’s premises to BPAS are transmitted over Subscriber’s communications service and that in the event the communications service is out of order, disconnected, placed on “vacation”, or otherwise interrupted, signals from Subscriber’s system will not be received by BPAS during any such interruption and will not be known to BPAS. Subscriber agrees that in the event the equipment or system continuously transmits signals reasonably determined by BPAS to be false and/or excessive in number, Subscriber shall be subject to the additional costs and fees incurred by BPAS in receiving and/or responding to the excessive signals.
Taxes, Fees, Fines, Licenses and Permits. (a) Subscriber agrees to pay all sales tax, use tax, property tax, utility tax, and other taxes required in connection with the equipment and services listed, including telephone company line charges or other communications technologies, if any. BPAS shall have the right, at any time, to pass along to Subscriber any increases in the monthly charges which hereafter may be imposed on BPAS by utility or government agencies relating to the service(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 or signals given by the System. Subscriber will indemnify, pay and defend BPAS and its authorized contractors and subcontractors and hold each of them harmless from and against any responsibility or liability for payment of associated fines, penalties or other costs. (c) Subscriber shall comply with all laws and regulations relating to the equipment and its use and shall promptly pay when due all sales, use, property, excise and other taxes and all license and registration fees now or hereafter imposed by any government body or agency upon the equipment or its use. If Subscriber fails to maintain any required licenses or permits, BPAS shall not be responsible for performing the services and may terminate the services with notice to Subscriber.
Increase in Service Charges. BPAS 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 BPAS’s service rates in effect at the time of the service and are subject to change without notice.
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 BPAS digitally or in writing in a timely manner.
Assignees and/or Subcontractors of BPAS. BPAS shall have the right to assign this Agreement in whole or in part to any other person, firm, or corporation and shall have the further right to subcontract any surveillance, monitoring, maintenance, emergency response, or other services which it may be required to perform hereunder. Subscriber acknowledges that this Agreement, and particularly those paragraphs relating to BPAS’s maximum liability and third party indemnification, shall inure to the benefit of and are applicable to any assignees and/or subcontractors of BPAS, and that they bind Subscriber with respect to said assignees and/or subcontractors with the same force and effect as they bind Subscriber to BPAS.
Assignment by Subscriber. Subscriber acknowledges that the sale or transfer of Subscriber’s premises shall not relieve Subscriber of duties and obligations under this Agreement unless BPAS agrees in writing to the transfer of the Agreement.
Delay or Interruptions. BPAS assumes no liability for delay in the installations of the System or for interruption of monitoring 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 BPAS, and will not be required to provide monitoring services to Subscriber while interruption of service due to any such cause may continue. BPAS assumes no liability for delay of installation or services due to non-cooperation of the Subscriber or his agents in providing access to that area of installation or service on any device or devices of the Subscriber or of others to which BPAS’s equipment is attached. BPAS shall not be obligated to perform any monitoring service hereunder during any time when the communications equipment and/or service shall not be working.
Outside Charges. Subscriber understands and accepts that BPAS 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 BPAS, it’s agents, or subcontractors.
Default/Termination. In the event Subscriber fails to pay any amount, Subscriber abuses the equipment or the use of the monitoring facility, 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 BPAS gives Subscriber written notice of such default, in addition to any other remedies provided by law, BPAS 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 BPAS; (b) Take possession of all BPAS owned equipment wherever situated and for such purpose enter upon Subscriber’s property without liability for so doing; (c) By notice to Subscriber, declare immediately due and payable all moneys 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 BPAS on account of such default including all court costs and reasonable attorneys’ fees. The waiver by BPAS 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 BPAS shall not be deemed a waiver of any prior existing breach, regardless of BPAS’s knowledge of such prior existing breach at the time of acceptance of such payments.
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.
One Year Limitation on Actions. It is agreed that no suit or cause of action shall be brought against BPAS more than one (1) year after the accrual of the cause of action therefore.
Waiver of Subrogation. Subscriber does hereby for itself and all other parties claiming under it, release and discharge BPAS, its officers, employees, agents, subcontractors, suppliers, 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 BPAS, its officers, employees, agents, subcontractors, licensors, suppliers, or representatives.
Entire Agreement: Modification Waiver. This writing is intended by the parties as a final expression of their Agreement and 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 equipment and 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.
Choice of Law: Venue. The laws of State of Illinois 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 in any way arising out of this Agreement or the Monitoring Services to be provided under this Agreement shall be brought in a court of competent jurisdiction within the State of Illinois. Subscriber and BPAS irrevocably agree to waive their individual rights to a jury trial.
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.
Representation and Warrant. By signing the front of this document, 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 the subscriber, or for any other individual(s) or organization(s) that the signatory may legally bind to this Agreement.

Last updated March 2025