Customer Service Agreement
Customer Service Agreement Terms and Conditions
Welcome To The SafeGuardian® Family
Please read this Service Agreement regarding your device and service. When you accept this agreement, you’re bound by its conditions. It applies to all of your services from SafeGuardian and covers important topics such as:
- How long this agreement lasts
- Your rights to refuse or cancel this agreement
- Our friendly 30-day return policy
- Our rights to limit or end service or this agreement
- Limitations of liability and privacy
- How to handle disputes if they arise, including arbitration
Your Monthly Rate Plan
The monthly service plan you select is part of this agreement. To the extent any condition in your plan expressly conflicts with this agreement, the condition in your plan will apply. SafeGuardian guarantees that the pre-paid service plan you chose at time of ordering and/or purchase will not increase in cost for the term of the prepaid service plan providing there is no interruption in service and that you do not change your plan.
Your Rights To Refuse Or Cancel This Agreement
After you’ve had an opportunity to review this agreement, it will begin when you do any of the following to indicate your acceptance:
- Activate and/or use your device/service
- Give us a written or electronic signature indicating your acceptance
- Tell us electronically that you accept
If you do not wish to accept this agreement, do not do any of the above actions.
Risk Free 30-Day Return Policy
If for any reason, within 30 days from date of retail purchase or mail-order delivery, you are not completely satisfied with your device, we will refund the first month’s service charge and the cost of the device, plus applicable taxes if:
- You return the device in “like new” condition, as determined by SafeGuardian, in the original box with all components and materials.
- The activation fee and shipping charges are not refundable.
- Please contact our Customer Service Department at firstname.lastname@example.org, between 8 am-4 pm M-F EST to cancel your account and obtain a return authorization number. If your device was purchased from a retail store, it must be returned to that store and is subject to the retailer’s return policy.
- Approved returns must be shipped back at the customer’s expense in the original packaging.
- Refunds, if applicable, will be processed back to the party that paid in the same manner that payment was received. Please allow 21 business days for processing.
Subscriber accepts sole and complete responsibility for the initial installation, set-up, operation, maintenance and weekly testing of the device. Subscriber shall abide by SafeGuardian’s written requirements for the installation and use of the Device. The CareCaller™ Set-Up and User’s Guide is incorporated by reference in this Agreement as if set forth in full herein. Subscriber acknowledges receipt of a copy of the Set-Up and User’s Guide with the delivery of the CareCaller™. SafeGuardian may update the CareCaller™ Set-Up and User’s Guide from time-to-time and Subscriber shall be bound thereby upon SafeGuardian’s delivery of notice thereof by email to Subscriber.
Weekly Testing Requirement
Weekly testing of the System is required to insure System is functioning correctly. If subscriber is unable or chooses not to test all of the device functions every week, subscriber agrees to release and hold harmless Company from any/all liability should the device fail to operate in the event of an actual emergency.
Additional Terms for Text Messaging
The message rates that we charge depend on the SafeGuardian service plan that you selected. You will incur message charges when you send or receive a message, whether the message has been read or unread, viewed or unviewed, solicited or unsolicited. SafeGuardian does not guarantee that messages will be received. We are not responsible for lost or misdirected messages.
Fall Alert Disclaimer
Subscriber understands and accepts without exclusion or limitation, that fall alert technology does not detect falls with perfect accuracy. If a Subscriber experiences a fall and needs help, do not wait for the automatic call. Always push your CareCaller™ SOS button to activate the device.
Bio-metric Sensor Disclaimer
Some SafeGuardian Devices may include bio-metric sensors that can monitor, record and/or report wearers bio-metric data including, but not limited to, heart rate, body temperature, blood pressure, blood sugar, steps, sleep patterns, etc.. Such measurements are NOT medical grade and are for informational purposes only. Subscriber understands and agrees that bio-sensor readings are NOT intended to be used for diagnosis or monitoring of known or unknown medical conditions or real-time monitoring/reporting of a wearers medical or physical condition (heart attack, stroke or epileptic seizure, etc).
Subscriber agrees to keep current at all times the Subscriber information provided to SafeGuardian including, but not limited to, home and mailing address, phone number(s), email address, billing & payment information. For monitored accounts, Subscriber is required to keep critical medical information, emergency contact/call lists, critical medications, etc. updated, current and correct with SafeGuardian at all time. All changes, revisions and modifications of the Subscriber information must be supplied to SafeGuardian, in writing.
Subscriber may terminate this Agreement by returning purchased/leased device to SafeGuardian within the first fourteen (14) days following delivery of the initial order for a full refund of equipment cost and pre-paid monitoring fees, less original shipping charges and any/all non-refundable activation fees. After thirty (30) days following delivery, all sales are final and no refunds will be given. The original term of this Service Agreement is for a minimum initial period of the service plan chosen at purchase/order. Thereafter, it will automatically renew for subsequent periods until such time it is terminated, in writing, pursuant to the terms of this Agreement.
This Agreement may be cancelled at any time after the initial agreement term by providing SafeGuardian advance notice IN WRITING of intent to cancel this Service Agreement. Notice must be received a minimum of three (3) business days prior to your service plan renewal date to avoid being billed for your next service period. SafeGuardian may terminate this Agreement for good cause (including your failure to pay any amounts due hereunder) following ten (10) days written notice. Your obligations under this Agreement shall survive the cancellation or non-renewal of this Agreement by you or SafeGuardian for any or no reason. Notwithstanding anything contained herein to the contrary, Company may, in its sole discretion, terminate this Agreement, with or without cause and without any liability whatsoever, upon thirty (30) days’ notice to Subscriber. In the event such termination is without cause, SafeGuardian shall, upon written request, refund any unearned charges. PREPAID SERVICE PLANS ARE NON-REFUNDABLE BUT ARE TRANSFERABLE TO ANOTHER PARTY.
Monitoring Services (If Applicable)
Monitoring service consists solely of monitoring service personnel alerting the persons, entities or agencies identified by Subscriber in writing to SafeGuardian upon the monitoring facility's receipt of data or other communication from the System reporting conditions that require assistance. During the term of this Agreement, SafeGuardian may provide seven (7) days per week, twenty-four (24) hours per day monitoring of the in accordance with the provisions set forth herein. The Device connected to the SafeGuardian’s contract monitoring network (the “Center”). When an emergency signal from the Device is received by the Center, the Center shall, without warranty, make every reasonable effort to promptly contact you and, if the Center determines that it is necessary in its reasonable judgment, notify the appropriate emergency authorities (fire department, police, ambulance service, etc.). You represent that the emergency contact information provided by you to the Company is accurate. To avoid false alarms, the Center may first call your contact telephone number to determine if an actual emergency exists before contacting any Responder. If the Center has reason to believe that no actual emergency exists, the Center may choose not to place such call or notify any emergency authority. You hereby agree that the Center may rely absolutely on the statements of Subscriber, the Responders or any person acting on behalf of Subscriber or the Responder, with regards to responses to the location and condition of Subscriber. We may discontinue any particular form of response if required to do so by any governmental authority or insurance interest. You acknowledge and agree that the Device and all monitoring software, computer codes and monitoring information remain our sole and exclusive property. You accept that the Center shall not be obligated to perform the Monitoring Service during any time when the Device is inoperative.
Pre-Paid Service Plans
There is a fee associated with beginning your service and there may be a fee associated with reactivating your service. Usage and/or overage charges vary depending on where, when and how you call, including toll-free and operator-assisted calls. Additional features and services, such as operator assistance, may have extra charges.
Roaming and Long Distance Charges
There is no long distance or roaming charges for any calls made within the domestic U.S. There may be additional charges for international calls and texts.
When calling from the domestic U.S. to other countries, or when calling from outside of the domestic U.S., additional international calling rates will apply.
Taxes, Fees and Assessments
We are required by law to charge you certain taxes, surcharges and assessments that will be included on your bill. You are responsible for paying all taxes, surcharges and assessments associated with your SafeGuardian products and services. These may change from time to time, and we may not be able to give you advance notice about how these changes may affect you. Except as prohibited by law, we may also, at our discretion, require you to pay regulatory and administrative fees to recover our costs of complying with regulatory mandates and Universal Service fees or similarly imposed charges. Any customer who is eligible for an exemption from any tax or fee must provide us with a verifiable, valid and properly executed tax-exempt certificate. Any tax exemption applies only after the date we receive the certificate from you and have verified your eligibility for the exemption.
How We Calculate Your Bill
Your bill is our notice to you of your fees, charges and other important information. It reflects the fees and charges in effect for your service plan at the time they are incurred. We charge for usage after calls are made or received and charge access and other fees in advance. The length of a call will be rounded up to the next full minute. Charges start when you’re connected to an outgoing or incoming call and end after you hang up your device, the other party on your call hangs up, or the call ends through disconnection. We only bill for calls that connect, including calls answered by machines. Standard usage charges apply to toll-free calls. There may be additional usage charges for credit card or third party Operator-assisted calls, which may be required in certain areas. You will incur usage charges at a minimum rate of $0.35 per minute if you exceed your service plan minutes. Billing for usage and related charges may sometimes be delayed. Delayed usage charges may be applied in the month they appear on your bill against minutes included in your service plan for that month, rather than against the included minutes for the month when you actually made or received the call. This may result in charges higher than you’d expect in the later month.
Payments, Deposits, Credit Cards, And Checks
Payment is due in full as stated on your invoice. IF WE DON’T RECEIVE PAYMENT IN FULL WHEN DUE, WE MAY, TO THE EXTENT PERMITTED BY THE LAW OF THE STATE OF THE BILLING ADDRESS WE HAVE ON FILE FOR YOU AT THE TIME, CHARGE YOU A LATE FEE UP TO 1.5 PERCENT A MONTH (18 PERCENT ANNUALLY) OR A FLAT $15 A MONTH, WHICHEVER IS GREATER, ON UNPAID BALANCES. WE MAY ALSO CHARGE YOU FOR ANY COLLECTION AGENCY FEES BILLED TO US FOR TRYING TO COLLECT FROM YOU. SHOULD WE NOT RECEIVE YOUR LATE PAYMENT, WE MAY SUSPEND YOUR SERVICE UNTIL PAID IN FULL. WE RESERVE THE RIGHT TO CHARGE A $25 RECONNECTION FEE. IF YOUR ACCOUNT REMAINS UNPAID, WE WILL CANCEL SERVICE FOR NON-PAYMENT. We reserve the right to require recurring credit card billing for certain products or services. We will not honor limiting notations you make on or with your checks. We may charge you up to $25 for any returned check or denied credit card charges, depending on applicable law.
Service Subject to Change
Your service is dependent upon our business requirements, including policies, practices and procedures, which we can change without notice. Unless otherwise prohibited by law, we can also change prices and any other conditions in this agreement at any time by sending you written notice prior to the billing period in which the changes would go into effect. If you choose to use your service after that point, you’re accepting the changes. If the changes have a material adverse effect on you, however, you can end the affected service, without any early cancellation fee, just by calling us within 60 days after we send notice of the change.
Rights in Numbers and Electronic Addresses We Assign To You
You do not have any rights in the personal identification number, email address or identifier we assign to you. The same is true for your wireless device numbers, except for your right to transfer it. In the event we need to change or reassign them, we’ll let you know. Please know that your wireless device number and/or name may appear when you call someone. We rely on this feature to provide services you enjoy.
Availability Of Service
Wireless devices use radio transmissions to access service. Therefore, we can’t provide service when your wireless device is out of range of our provider’s transmission site or if sufficient network capacity is not available. You may not receive service in certain places, particularly in remote areas, with no service at all. Weather, topography, buildings, your wireless device and other conditions that are outside of our control may also cause dropped calls, GPS failure, poor voice quality or other problems with your service. IT IS UNDERSTOOD THAT THE DEVICE RELIES UPON THE AVAILABILITY CELLULAR NETWORK COVERAGE, SMS TEXT MESSAGING NETWORK, WIRELESS INTERNET NETWORK AVAILABILITY TO OPERATE PROPERLY AS WELL AS THE AVAILABILITY OF SATELLITE GPS DATA, BOTH OF WHICH ARE PROVIDED BY A THIRD PARTY THAT IS NOT CONTROLLED BY THE COMPANY. You agree SafeGuardian will not be held liable for problems caused by you or a third party; by buildings, hills, network congestion, tunnels, weather, or other things we don’t control.
Suspending Service If Your Device Is Lost or Stolen
Please notify us immediately if someone steals your device or you lose it. We’ll be happy to provide a courtesy suspension of service for 30 days or until you choose to replace or recover your device – whichever comes first – if you haven’t received a courtesy of this kind within the prior year. Until we provide a courtesy suspension, you’ll be responsible for all fees and charges, including those related to the use of services, even if used by another party. We may require a sworn statement about the loss or theft.
Our Rights to Limit/End Service Or This Agreement
You agree not to resell our service to someone else without prior written permission from SafeGuardian. You also agree that your wireless device won’t be used for any purpose that is illegal, isn’t allowed by this agreement or by your User Guide. WE CAN, WITHOUT NOTICE, LIMIT, SUSPEND OR END YOUR SERVICE OR ANY AGREEMENT WITH YOU FOR VIOLATING THIS AGREEMENT OR FOR ANY OTHER GOOD CAUSE, INCLUDING, BUT NOT LIMITED TO:
- Payment is past due for more than 60 days.
- Two or more late payments in a 12-month period.
- Incurring charges greater than your required deposit or billing limit (even if we haven’t yet billed the charges) if you are unwilling to increase your deposit with us.
- Incurring charges materially in excess of your monthly access charge (even if we haven’t yet billed the charges).
- Harassing our employees or agents, lying to us or interfering with our operations.
- Becoming insolvent or going bankrupt.
- Breaching this agreement.
- ”Spamming” or other abusive messaging or calling.
- Modifying your device from the manufacturer’s specifications.
- Using your service in a way that adversely affects other customers.
- Allowing anyone to tamper with your SafeGuardian device or number.
- We can also temporarily limit your service for any operational or governmental reason.
Disclaimer of Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR DEVICE. WE CAN’T PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND DON’T AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. THIS DOESN’T DEPRIVE YOU OF ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANYONE ELSE.
You agree to indemnify, defend and hold SafeGuardian harmless from any claims arising out of use of the device or service, breach of this agreement or violation of any laws or regulations or the rights of any third party by you or any person on your account or that you allow to use your device or service.
Waivers and Limitations of Liability
UNLESS THE LAW FORBIDS IT IN ANY PARTICULAR CASE, WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT DAMAGES. THIS LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, PRODUCTS LIABILITY, OR ANY OTHER THEORY. THIS MEANS THAT NEITHER OF US WILL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ONE OF OUR SUPPLIERS, TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THE SUPPLIER FOR SUCH CLAIM.
Handling Disputes With SafeGuardian
ANY CLAIM OR DISPUTE BETWEEN YOU AND SAFEGUARDIAN IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OR THE PROVISION OF SERVICES OR PRODUCTS TO YOU, INCLUDING ANY BILLING DISPUTES (CLAIM), SHALL BE SUBMITTED TO FINAL, BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). THIS AGREEMENT TO ARBITRATE ALSO REQUIRES YOU TO ARBITRATE CLAIMS AGAINST OTHER PARTIES RELATING TO SERVICES OR PRODUCTS PROVIDED OR BILLED TO YOU, INCLUDING SUPPLIERS OF SERVICES AND PRODUCTS AND OUR RETAIL DEALERS, IF YOU ALSO ASSERT CLAIMS AGAINST US IN THE SAME PROCEEDING. YOU AND WE ACKNOWLEDGE THAT THE AGREEMENT AFFECTS INTERSTATE COMMERCE AND THAT THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO ARBITRATIONS UNDER THE AGREEMENT. BEFORE INSTITUTING ARBITRATION, YOU AGREE TO PROVIDE US WITH AN OPPORTUNITY TO RESOLVE YOUR CLAIM BY SENDING A WRITTEN DESCRIPTION OF YOUR CLAIM TO US AT: SAFEGUARDIAN, 825 COLLEGE BLVD STE 102-310 OCEANSIDE, CA 92057, AND NEGOTIATING WITH US IN GOOD FAITH REGARDING YOUR CLAIM. IF WE ARE NOT ABLE TO RESOLVE YOUR CLAIM WITHIN 30 DAYS OF RECEIPT OF YOUR NOTICE, THEN YOU OR WE, INSTEAD OF SUING IN COURT, MAY INITIATE ARBITRATION PROCEEDINGS WITH THE AAA. ARBITRATION WILL BE CONDUCTED UNDER THE AAA’S PUBLISHED WIRELESS INDUSTRY ARBITRATION RULES AND SUPPLEMENTAL PROCEDURES FOR CONSUMER-RELATED DISPUTES, WHICH ARE AVAILABLE BY CALLING THE AAA AT 800-778-7879 OR VISITING ITS WEB SITE AT WWW.ADR.ORG. THE AAA HAS A FEE SCHEDULE FOR ARBITRATIONS. YOU WILL PAY YOUR SHARE OF THE ARBITRATOR’S FEES AND ADMINISTRATIVE EXPENSES (“FEES AND EXPENSES”) EXCEPT THAT:
(A) FOR CLAIMS LESS THAN $25, WE WILL PAY ALL FEES AND EXPENSES; AND
(B) FOR CLAIMS BETWEEN $25 AND $1,000, YOU WILL PAY ONLY $25 IN FEES AND EXPENSES, OR ANY LESSER AMOUNT AS PROVIDED UNDER AAA’S SUPPLEMENTAL PROCEDURES FOR CONSUMER-RELATED DISPUTES.YOU AND WE AGREE TO PAY OUR OWN OTHER FEES, COSTS, AND EXPENSES, INCLUDING THOSE FOR ANY ATTORNEYS, EXPERTS, AND WITNESSES. AN ARBITRATOR MAY ONLY AWARD AS MUCH AND THE TYPE OF RELIEF AS A COURT WITH JURISDICTION IN THE PLACE OF ARBITRATION THAT IS CONSISTENT WITH LAW AND THIS AGREEMENT. AN ARBITRATOR MAY ISSUE INJUNCTIVE OR DECLARATORY RELIEF BUT ONLY APPLYING TO YOU AND US AND NOT TO ANY OTHER CUSTOMER OR THIRD PARTY.
AS A LIMITED EXCEPTION TO THE AGREEMENT TO ARBITRATE, YOU AND WE AGREE THAT:
(A) YOU MAY MAKE CLAIMS TO SMALL CLAIMS COURT, IF YOUR CLAIMS QUALIFY FOR HEARING BY SUCH COURT; AND
(B) IF YOU FAIL TO TIMELY PAY AMOUNTS DUE, WE MAY ASSIGN YOUR ACCOUNT FOR COLLECTION, AND THE COLLECTION AGENCY MAY PURSUE IN COURT CLAIMS LIMITED STRICTLY TO THE COLLECTION OF THE PAST DUE DEBT AND ANY INTEREST OR COST OF COLLECTION AGREEMENT. AS PERMITTED BY LAW, OR WHETHER CLASS ACTION IN COURT, WAIVER SMALL CLAIMS COURT, OR ARBITRATION, YOU AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION. IF A COURT OR ARBITRATOR DETERMINES IN A CLAIM BETWEEN YOU AND US THAT YOUR WAIVER OF ANY ABILITY TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS IS UNENFORCEABLE UNDER APPLICABLE LAW, THE ARBITRATION AGREEMENT WILL NOT APPLY, AND YOU AND WE AGREE THAT SUCH CLAIMS WILL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION, OTHER THAN A SMALL CLAIMS COURT. JURY TRIAL WAIVER, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND WE WAIVE ANY RIGHT TO JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN YOU AND US.
You represent that you’re at least 18 years old and have the legal capacity to accept this agreement. If you are ordering for a friend or a member of your family, you are bound by the terms of this agreement, unless and until, your friend or family member has agreed to the terms of this agreement. If you’re ordering for a company, you’re representing that you are authorized to bind the company to the terms of this agreement, where the context “you” means the company.
About This Agreement
If either of us waives or doesn’t enforce a requirement under this agreement in an instance, we don’t waive our right to later enforce that requirement. You can’t assign this agreement or any of your rights or duties under it. We may assign all or part of this agreement or your debts to us without notice, and you agree to make all subsequent payments as instructed. Notices are considered delivered when we send them by email or fax to any email or fax number you’ve provided to us, or three days after mailing to the most current billing address we have on file for you, if by us, or to the Customer Service address on your most recent bill. If any part of this agreement, including any part of its arbitration provisions, is held invalid, that part may be severed from this agreement. This agreement and the documents to which it refers form the entire agreement between us on their subjects. You can’t rely on any other documents or statements on those subjects by any sales or service representatives, and you have no other rights with respect to service or this agreement, except as specifically provided by law. This agreement isn’t for the benefit of any third party except our parents, affiliates, subsidiaries, agents and predecessors/successors in interest. Except to the extent we’ve agreed otherwise in the provisions on late fees and arbitration, this agreement and disputes covered by it are governed by the laws of the state of Wyoming, without regard to the conflicts of the laws or rules of that state.
BY ACCEPTING THIS AGREEMENT, YOU (I) UNDERSTAND THAT THIS IS A BINDING AGREEMENT AND INCLUDE THE TERMS AND CONDITIONS ON THE REVERSE; (II) ACCEPT THE DISCLAIMER/LIMITATION OF LIABILITY AND INDEMNITY PARAGRAPHS OF THIS AGREEMENT; AND (III) ACKNOWLEDGE HAVING RECEIVED AND READ A COPY OF THE ENTIRE AGREEMENT BEFORE SIGNING. USE OF THE SYSTEM CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE LIMITATION OF LIABILITY, INDEMNITY AND OTHER RISK ALLOCATION CLAUSES CONTAINED IN THIS AGREEMENT. Subscriber and/or Payee hereby authorizes SafeGuardian, LLC, or its assignee Alarm Billing Services, to commence ongoing automatically recurring electronic debits from my credit card or bank account for all amounts owed under this Service Agreement based upon the service billing plan (monthly, quarterly or annually) I have selected in writing. I understand that this authorization will remain in effect until I cancel it, in advance, in writing. I agree to notify SafeGuardian, LLC, in writing of termination of this authorization at least three (3) days prior to the next scheduled billing date. I understand and accept that the pre-paid service plan I have chosen is non-refundable for the next service period once charged. I certify that I am an authorized user of this credit card/bank account and will not dispute these scheduled transactions with my bank or credit card company; so long as the transactions, processed in accordance to the terms indicated in this Service Agreement, occurred prior to delivery of my written cancellation notice.
© SafeGuardian, LLC All Rights Reserved Dated 8/19/2020