Terms & Conditions

SimplyAlert, Inc. (“SimplyAlert”) and the subscriber identified on the on the first page of this agreement (“Subscriber”) agree as follows:

1. PERSONAL EMERGENCY RESPONSE SYSTEM (“PERS”): The PERS equipment is sold to Subscriber. SimplyAlert shall instruct the Subscriber in the proper use of the PERS by setting up equipment and providing use instructions for the Subscriber. The PERS 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 SimplyAlert.
2. MONITORING, AND SERVICE CHARGES. The monthly monitoring charge will begin the date the order is shipped by SimplyAlert to the Subscriber. This contract will automatically renew unless either party gives written notice of its intent to cancel. Refer to Product and Service Fees on page 2 (of service agreement) for service charges.
3. CENTRAL OFFICE MONITORING. Upon receipt of a signal, SimplyAlert or its designee shall make every reasonable effort to notify Subscriber and the appropriate municipal police or fire department, or emergency personal response service designated by Subscriber. Signals which are transmitted over telephone lines, internet, VOIP, cellular or other modes of communication pass through communication networks wholly beyond the control of SimplyAlert and are not maintained by SimplyAlert. SimplyAlert shall not be responsible for any equipment failure which prevents transmission signals from reaching the central office monitoring center or damages arising therefrom. SimplyAlert provides no response to a PERS signal except notification to the appropriate party, and that the provisions of this Agreement exculpating and limiting SimplyAlert’s liability are fully applicable to the PERS service. SimplyAlert may, without prior notice, suspend or terminate its services in event of Subscriber’s default in performance of this Agreement or in event the designee communication center facility or communication network is nonoperational or Subscriber’s system is sending excessive communication. SimplyAlert is authorized to record all telephone conversations and owns such recordings. Any medical or other personal information provided by Subscriber to SimplyAlert may be disclosed by SimplyAlert to any personal emergency response or medical personnel requesting same.
4. PRIMARY RESPONDER DISCLOSURE. Subscriber understands that a 911 center or communications center (“Public Responder”) may be designated as the Primary Responder. Subscriber assumes all liability should one of them not be selected as the Primary Responder. Upon SimplyAlert receiving an emergency alarm from the Subscriber’s system, Subscriber hereby directs SimplyAlert to contact the responders in the order specified on the first page of this agreement. Subscriber agrees that should any Public Responder not be designated as the Primary Responder, then Subscriber’s Public Responders shall become the default secondary responder after the personal emergency response provider has attempted, without success, to notify all other responders designated by Subscriber. Should SimplyAlert receive a Subscriber’s alarm and is not able to solicit a verbal response from the Subscriber, Subscriber authorizes SimplyAlert to contact a Public Responder before SimplyAlert contacts the customer’s responders as specifically designated above. Following any notification to a Public Responder, SimplyAlert shall attempt to notify the rest of the Subscriber’s responders in the order provided by Subscriber. Subscriber may provide SimplyAlert with a set of directives for voice to voice contact with the responders.
5. SUBSCRIBER’S CARE OF EQUIPMENT: REPAIRS AND ADDITIONS. PERS equipment comes with a 1-year warranty. Subscriber agrees not to tamper with, remove or interfere with the PERS. The Subscriber agrees to bear the cost of repairs, replacement, relocation or additions to the system made necessary as a result of any painting, alteration 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 SimplyAlert at its expense.
6. TELEPHONE SERVICE IS SUBSCRIBER’S RESPONSIBILITY. Subscriber acknowledges that the PERS Transmitter plugs into a standard telephone jack and communicates over standard telephone lines using two-way voice communication, with the exception of any cellular-based system provided to the subscriber by SimplyAlert (refer to Section 7 below).

The transmitter may not work with all VoIP Internet connections. Subscriber agrees to furnish, at Subscriber’s expense, all 110 Volt AC power and electrical outlets and receptacles, telephone hook-ups, RJ31x Block or equivalent, as deemed necessary by SimplyAlert in its sole discretion. SimplyAlert 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, strikes, walk-outs, war, acts of God, or other causes, including SimplyAlert’s negligence in the performance of this Agreement, and Subscriber shall not be relieved from payments due under this agreement for such period.

7. CELLULAR BASED PERS SYSTEMS. Subscriber acknowledges and understands that the use of cellular-based and/or mobile solutions for PERS systems includes additional risks associated with the quality and reliability of cellular signals, cellular service and GPS or other location services data. Cellular communications are affected by a number of factors outside the control of SimplyAlert and may be impaired or blocked by building construction style, building materials, atmospheric conditions (i.e. weather), distance from transmitter to receiver, surrounding terrain, battery life, signal strength, cellular network traffic, cellular tower condition and interference from other cellular devices. Subscriber understands and acknowledges that cellular based solutions rely on third party services from wireless carriers such as AT&T, All-Tel, Sprint, T-Mobile and Verizon (not a complete list) that are not controlled by SimplyAlert or its representatives.

Subscriber must have adequate cellular coverage in the area where the PERS system is being used. Subscriber is responsible to ensure the PERS system has adequate signal and power (or sufficient battery charge) to send and receive a signal.

8. CONSENT TO DISTRIBUTION/RELEASE OF INFORMATION. Subscriber is providing SimplyAlert with medical information for the purpose of providing the Service and submitting claims for payment of the Service. Subscriber agrees that SimplyAlert, Responders and any other party named in this Agreement may receive all information contained in this Agreement or otherwise provided by Subscriber to SimplyAlert. Subscriber further agrees that in the event that a Responder or other assistance is sent to Subscriber’s home (an “Incident”), SimplyAlert may notify any or all of the parties listed in this Paragraph. Further, Subscriber releases SimplyAlert from all liability, which may arise out of SimplyAlert’s disclosure of information in this Agreement or about any Incident to the parties listed in this Paragraph. Subscriber acknowledges that all communications between Subscriber and SimplyAlert Monitoring Center may be recorded and Subscriber consents to such recording.
9. FALL DETECTION. Subscriber understands that fall detection technology does not detect 100% of falls, and that the system must have sufficient battery charge and/or cellular signal strength to transmit information. If able, subscriber should always push their help button when they need assistance.
10. TESTING AND SERVICE. The PERS, once installed, is in the exclusive possession and control of the Subscriber. It is Subscriber’s sole responsibility to test the operation and to notify SimplyAlert if it is in need of repair or replacement. SimplyAlert shall not be required to service or replace the equipment unless the equipment is returned by the subscriber to SimplyAlert at SimplyAlert’s address. SimplyAlert will upon Subscriber’s request arrange pick-up and delivery, at SimplyAlert’s expense, by UPS or US Postal Service. If SimplyAlert fails to repair or replace the PERS within 7 days 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 unless SimplyAlert determines that the equipment is operational and the system failure was electrical or telephone service related at Subscriber’s premises, in which event subscriber shall pay SimplyAlert’s cost of shipping and inspection charge of $65.00. In any lawsuit between the parties in which the condition or operation of the equipment is in issue, the Subscriber shall be precluded from raising the issue that the equipment was not operating unless Subscriber can produce a receipt, signed by SimplyAlert, evidencing that service was requested by Subscriber.
11. TERMINATION IN THE EVENT OF DEATH. This Agreement and services shall terminate upon Subscriber’s death.
12. ASSIGNMENT/WAIVER/INDEMNITY. Subscriber shall not be permitted to assign this Agreement without written consent of SimplyAlert. Any such assignment without prior approval shall be deemed a breach of this Agreement. SimplyAlert 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 SimplyAlert or SimplyAlert’s subcontractors arising out of this Agreement or the relation of the parties hereto. Subscriber agrees to and shall indemnify and hold harmless SimplyAlert, 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 SimplyAlert’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.
13. REMOVAL OF PERSONAL EMERGENCY RESPONSE SYSTEM. Upon termination of this Agreement SimplyAlert shall be permitted to discontinue all monitoring service.
14. LEGAL ACTION. Due to the nature of the services to be provided by SimplyAlert, the payments to be made by Subscriber for the term of this Agreement are an integral part of SimplyAlert’s anticipated profits, and in the event of Subscriber’s breach of this Agreement it would be difficult if not impossible to reasonably estimate SimplyAlert’s actual damages. Therefore, in the event of Subscriber’s default of this Agreement, Subscriber shall pay to SimplyAlert 80% of the balance due for the term of this Agreement as liquidated damages, and SimplyAlert shall be permitted to terminate all its services under this Agreement without relieving Subscriber of any obligation herein. The parties waive trial by jury in any action between them. Any action by Subscriber against SimplyAlert must be commenced within one year of the accrual of the cause of action or shall be barred. Subscriber submits to the jurisdiction of Minnesota and agrees that any litigation between the parties must be commenced and maintained exclusively in the State of Minnesota, and in the county where SimplyAlert’s principal place of business is located. Service of legal process or papers in any action or proceeding between the parties may be served by prepaid First-Class Mail delivered by the U.S. Post Office or overnight by Federal Express or UPS to the party’s address in this Agreement or other address provided by a party in writing to other party.
15. ADDITIONAL PAYMENTS. Subscriber agrees to be liable for and pay to SimplyAlert any excise, sales, property, or other tax, telephone line charges, and any increases thereof, which may be imposed upon SimplyAlert because of this Agreement. Should SimplyAlert be required by law at any time to perform any service or furnish any material not specifically covered by the terms of this Agreement, Subscriber agrees to pay SimplyAlert for such service or material.
16. FALSE ALARMS/PERMIT FEES. Subscriber is responsible for all alarm permits and fees, agrees to file for and maintain any permits required by applicable law and indemnify or reimburse SimplyAlert for any fines relating to permits or false alarms. SimplyAlert shall have no liability for permit fees, false alarms, false alarm fines, police or fire response, any damage to personal or real property or personal injury caused by police or fire department response to alarm, whether false alarm or otherwise, or the refusal of the police or fire department to respond. In the event of termination of police or fire response by the municipal police or fire department, this Agreement shall nevertheless remain in full force and Subscriber shall remain liable for all payments provided for herein. Should SimplyAlert be required by law to perform any service or furnish any material not specifically covered by the terms of this Agreement, Subscriber agrees to pay SimplyAlert for such service or material.
17. FORCED ENTRY; MEDICAL EXPENSES: Subscriber agrees that if ANY ALARM SIGNAL is received by SimplyAlert and a Responder is sent to Subscriber’s home and Subscriber cannot let Responder into the locked home and Responder does not have a key that THE SUBSCRIBER AUTHORIZED RESPONDER TO BREAK INTO SUBSCRIBER’S HOME. SUBSCRIBER UNDERSTANDS THAT THIS MAY CAUSE DAMAGE TO THE HOME. SUBSCRIBER WAIVES ANY CLAIM AGAINST SIMPLYALERT OR ANY RESPONDER WHICH MAY ARISE AS A RESULT OF FORCED ENTRY INTO THE HOME. SUBSCRIBER SPECIFICALLY WAIVES ANY CLAIM FOR DAMAGE RESULTING FROM FORCED ENTRY AFTER AN INACTIVITY ALARM OR NON-RESPONSE TO A REMINDER SERVICE EVEN IF SUBSCRIBER IS SIMPLY NOT HOME. In in addition, Subscriber authorizes SimplyAlert to notify paramedics and other appropriate emergency personnel who may provide medical assistance, if necessary. Subscriber hereby releases SimplyAlert from any and all expenses and liability incurred as a result of such medical services.
18. SIMPLYALERT’S RIGHT TO SUBCONTRACT SPECIAL SERVICES. Subscriber agrees that SimplyAlert is authorized and permitted to subcontract any services to be provided by SimplyAlert to third parties who may be independent of SimplyAlert, and that SimplyAlert 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 SimplyAlert’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 SimplyAlert.
19. NO WARRANTIES OR REPRESENTATIONS; SUBSCRIBER’S EXCLUSIVE REMEDY. SimplyAlert does not represent or 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 Subscriber assumes all risk for loss or injury to Subscriber’s property or person. SimplyAlert has made no representation or warranties, and hereby disclaims any warranty of merchantability or fitness for any particular use. Subscriber’s exclusive remedy for SimplyAlert’s default hereunder is to require SimplyAlert to repair or replace, at SimplyAlert’s option, any equipment or part of the PERS which is non-operational.
20. EXCULPATORY CLAUSE. The parties agree that SimplyAlert is not an insurer and no insurance coverage is offered herein. Subscriber’s payments to SimplyAlert are for the equipment, installation, and service of a PERS designed to reduce certain risks of loss, though SimplyAlert does not guarantee that no loss will occur. SimplyAlert 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 SimplyAlert’s negligent performance to any degree or failure to perform any obligation or strict products liability. Subscriber releases SimplyAlert from any claims for contribution, indemnity or subrogation.
21. 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 SimplyAlert 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 SimplyAlert’s negligence to any degree or failure to perform any obligation or strict products liability, such liability will be limited to the greater of (a) an amount equal to six times the monthly payment paid by the Subscriber to SimplyAlert at the time such liability is fixed or (b) the sum of $500.00.
22. FULL AGREEMENT/SEVERABILITY. This Agreement constitutes the full understanding of the parties and may not be amended or modified or canceled except in writing signed by both parties. This Agreement shall be governed by the laws of the State of Minnesota. If any provisions of this Agreement are deemed void, then all other provisions will remain enforceable.
23. ACCEPTANCE. Subscriber’s acceptance of any offer by SimplyAlert for PERS services must be made on the terms and conditions exactly as offered by SimplyAlert in these Terms and Conditions. Any of Subscriber’s revisions or modifications to these Terms and Conditions are objected to by SimplyAlert and shall be of no effect unless specifically agreed to in writing by SimplyAlert. Commencement of performance or shipment by SimplyAlert shall not be construed as acceptance of any terms and conditions which are different from or in addition to those contained herein. If a contract is not earlier formed by mutual agreement in writing, acceptance by Subscriber of products or services furnished by SimplyAlert pursuant hereto shall be deemed Subscriber’s assent to this Service Agreement and all of these Terms and Conditions.