Sound Surveillance
Remote Video Security – Terms and Conditions
Thank you for your interest in Sound Surveillance’s Remote Video Security Services.
By signing below, the executing party (“Client” or “you”) hereby engages Sound Surveillance, LLC to provide you with the services (the “Services”) set forth in each Statement of Work (“SOW”) executed by you and Sound Surveillance, LLC pursuant to this Agreement. You acknowledge and agree that the Services and each SOW will be governed by this Agreement, which includes the provisions set forth in: Appendix “A” — Services Protocol. All capitalized terms that are not defined below shall have the meaning set forth in the applicable SOW, or Services Protocol.
Each SOW will outline the details of each site to be monitored and include a completed and executed: (i) Site Profile & Surveillance Requirements Form; and (ii) Security Camera Configuration Scheme.
You agree to pay all fees and other charges (“Services Fees”) set forth in each SOW as may be amended or replaced from time to time based upon Client’s request for revised security camera configurations. You agree that upon receipt of written confirmation and acceptance from Sound Surveillance, LLC of your request for revised security camera configurations, the current SOW shall be deemed amended by such request, and you shall pay to Sound Surveillance, LLC, when due, the adjusted monthly Service Fees. Any services provided, or costs incurred, by Sound Surveillance, LLC outside the scope of a SOW (collectively “Additional Fees”) will also be subject to Sound Surveillance, LLC’s then current time and materials rates.
Unless otherwise specified in the applicable SOW, Sound Surveillance, LLC shall invoice you for Services Fees and Additional Fees, if applicable, in advance on the 15th day of each month. Payment shall be due upon receipt. All charges are exclusive of applicable taxes, and you agree to pay or reimburse Sound Surveillance, LLC for any taxes assessed upon the services except for taxes based solely on Sound Surveillance, LLC’s net income. All amounts payable shall be paid by you together with any applicable sales taxes, and without any set-off or other deduction.
Overdue amounts shall accrue interest from the relevant due date until the date payment is received at a rate of 1.5% per month or 18% per annum, and Sound Surveillance, LLC reserves the right to suspend Services under a SOW until all overdue payments have been made.
Sound Surveillance, LLC reserves the right to adjust its Services Fees at any time with one month’s prior written notice to you. Also, from time to time, the Services Protocol may be revised and updated by Sound Surveillance, LLC. Sound Surveillance, LLC will provide you with a copy of each revised and updated protocol. You agree that upon your receipt of a revised protocol, it shall supersede the preceding version of such protocol and govern all Services provided to you from that date onwards.
Sound Surveillance, LLC warrants that the Services will be provided using reasonable care and skill and in accordance with the provisions of this Agreement, which includes the applicable SOW. Nevertheless, Sound Surveillance, LLC shall not be liable for any loss, damage, costs, expenses, or other claims for compensation arising directly or indirectly from your failure to comply with your obligations under the Services Protocol, or any other provision of this Agreement or the relevant SOW.
Payments received by Sound Surveillance, LLC are for the Services only and are not to be construed as any form of insurance premium. Notwithstanding any rule of law to the contrary, none of Sound Surveillance, LLC nor their agents, dealers, or representatives shall be liable in any way for any claim, loss, damage, or expense, including without limitation, any claim, loss, damage, or expense relating to personal injury of any person, directly or indirectly, from the provision of the Services. In no event will Sound Surveillance, LLC’s liability relating to any SOW exceed the Services Fees and Additional Fees, if any, paid to Sound Surveillance, LLC under such SOW in the six (6) month period immediately preceding a claim of damages.
By signing below, Client accepts the terms and conditions set forth in this Agreement, which includes Appendix “A,” as well as all applicable SOWs.
The provision of Services under this Agreement does not imply either directly or indirectly that loss will not occur. Sound Surveillance, LLC does not accept any responsibility for losses associated with the failure of the Service in any respect regardless of any claim of negligence (including gross negligence) by Sound Surveillance, LLC, its employees, the third party Monitoring Provider, or its authorized agents. You agree to indemnify Sound Surveillance, LLC, its employees, or any authorized agents with respect to any claim, loss, damage, or expense, including without limitation, any third party claim arising from your use of the Services. Client further agrees that all equipment set out in the SOWs shall at all times remain solely owned by Sound Surveillance, LLC, and that upon the termination or expiration of the SOWs, Client shall allow Sound Surveillance, LLC to physically collect and take possession of such equipment as required.
It is understood and agreed that Sound Surveillance, LLC shall not be liable for any loss or damage incurred by you arising out of the failure of any law enforcement, other emergency service agency, or contracted security guard patrol company to respond to an event reported to it by the Monitoring Service.
This Agreement will commence on the date both parties have executed the document and shall continue until terminated by one of the parties. Either party may terminate the Agreement or a specific SOW at any time by giving thirty (30) days written notice to the other party. Sound Surveillance, LLC may also immediately terminate this Agreement and/or one or more SOWs if you fail to pay invoices when they become due or breach the terms of the Services Protocol. In the event of termination due to your breach of this Agreement, you will remain liable, notwithstanding the termination of the Agreement, for all fees payable under this Agreement, which will immediately become due on termination.
Sound Surveillance, LLC will have the right to assign, license, or otherwise dispose of its rights and obligations (in whole or in part) under this Agreement.
This Agreement, including Appendix “A” and applicable SOWs, constitutes the entire agreement between the parties and supersedes any previous agreement or understanding (including any standard conditions contained in the Client’s internal purchase order or otherwise) and may not be varied except in writing between the parties. In the event of a conflict between a provision in an SOW and this Agreement, the provisions of this Agreement will govern.
All other terms and conditions express or implied by statute or otherwise are excluded to the fullest extent permitted by law. Any notice required or permitted to be given by either party to the other pursuant to this Agreement shall be in writing addressed to the other party at the address noted below or such other updated address provided by the other party.
No failure or delay by either party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by either party of any breach of this Agreement by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and remainder of the provision in question shall not be affected. This Agreement and each SOW shall be governed by the laws of the Washington State and the federal laws of America applicable therein, and the parties agree to submit to the non-exclusive jurisdiction of the courts of Snohomish County.
APPENDIX A – SERVICES PROTOCOL
Scope of Service
This section delineates the scope of the video surveillance services provided by Sound Surveillance, LLC (“Provider”) as specifically detailed in each Statement of Work (SOW) agreed upon and signed by both parties, Sound Surveillance, LLC and the client (“You” or “Your”).
By availing the services offered by the Provider, You hereby acknowledge, accept, and commit to adhere to the guidelines, terms, and conditions as set forth in this Services Protocol, as well as any corresponding SOWs.
Objectives of Service
The services rendered by Sound Surveillance, LLC aim to offer robust, 24/7 surveillance and security for designated properties in a lawful manner. These services are designed to deter unlawful activities, enable prompt response to security threats, and ensure the overall safety of the premises under surveillance.
Limitation of Service
It is imperative to understand that the surveillance services provided are strictly meant for property protection and general security. The Service is not intended, under any circumstance, for the surveillance or monitoring of specific individuals for the purposes of personal investigation, harassment, or any other activity that is not aligned with property security.
By employing the services of Sound Surveillance, LLC, You agree to utilize the service in accordance with these limitations and in strict adherence to local, state, and federal laws governing surveillance activities.
Camera Location and Configuration
Upon receipt of your completed Site Profile & Surveillance Requirements Form, Sound Surveillance, LLC will formulate a comprehensive security camera configuration plan (“Configuration Scheme”) tailored specifically to each location requiring monitoring (“Monitored Location”).
This Configuration Scheme aims to optimize security coverage at the Monitored Location, ensuring maximum visibility while adhering to privacy laws by limiting unnecessary capture of unrelated areas and individuals not within the scope of surveillance.
Modifications to Configuration Scheme
Should you request changes to the initially recommended Configuration Scheme, Sound Surveillance, LLC will duly update the scheme to align with your requirements. However, you understand and agree that any such alterations could potentially diminish the effectiveness of the surveillance service. Sound Surveillance, LLC disclaims any liability for compromises in service effectiveness or any breaches in data privacy laws that may occur due to the unintended capture and processing of personal data following your requested changes to the Configuration Scheme.
By proceeding with such modifications, you absolve Sound Surveillance, LLC of any consequences related to the effectiveness and legality of the altered Configuration Scheme.
Camera Maintenance
You agree to provide Sound Surveillance, LLC with access to the Monitored Location to set up and maintain the cameras, as required by Sound Surveillance, LLC, during the Term of the Service.
In the event of an entire system failure, Sound Surveillance, LLC will make every reasonable effort to promptly perform necessary repairs in order to ensure the continuation of the Service. We understand the critical nature of maintaining your security measures. However, we also recognize that certain circumstances may arise that are beyond our control.
Maintenance Responsiveness
While we are committed to maintaining the functionality of your surveillance system, it’s important to note that our maintenance services are subject to reasonable and responsible use. We will diligently address any technical issues, equipment failures, or malfunctions that fall within the scope of our service agreement.
Client Responsibilities
It is understood that maintaining a stable power supply and ensuring the physical integrity of cables and hardware are vital components of system performance. As such, you acknowledge and agree that it is your responsibility to ensure consistent power supply and to take reasonable precautions to prevent accidental damage to the equipment.
Abuse or Negligence
In cases where we determine that maintenance requests are a result of frequent abuse, negligence, or deliberate actions on your part that compromise the integrity of the surveillance system, Sound Surveillance, LLC reserves the right to assess the situation and take appropriate action. This may include evaluating the frequency and nature of maintenance requests and discussing potential solutions with you.
Collaborative Approach
We believe in maintaining a collaborative and mutually beneficial partnership. If you find that issues with power supply or other factors are repeatedly impacting the functionality of the system, we encourage open communication. We are here to provide guidance and assistance to help mitigate challenges and optimize the performance of your surveillance solution.
Temporary Arrangements
In the event that repairs necessitate a lengthier period of time and temporary security arrangements are required, Sound Surveillance, LLC will communicate this to you promptly. We understand the importance of maintaining security at your site and will work with you to ensure that suitable measures are in place during any necessary maintenance period.
By entering into this service agreement, you acknowledge and agree to the principles outlined above regarding responsible maintenance practices and collaborative problem-solving.
Public Disclosure and Transparency
As part of our commitment to operating within legal and ethical boundaries, Sound Surveillance, LLC will prominently display appropriate signage at all Monitored Locations. These signs will notify the general public, as well as any visitors, that surveillance cameras are in operation at the site.
The signage aims to uphold transparency and ensure that all individuals are made aware that they may be captured on camera while within the boundaries of the Monitored Location. This practice is in line with privacy regulations and is intended to deter unlawful activity.
Security Risks and Accountability
In the event of any significant changes to the environment or conditions at a Monitored Location that could impact the effectiveness of the existing Configuration Scheme, it is Your responsibility to promptly notify Sound Surveillance, LLC in writing. Such changes could include but are not limited to, alterations to site layout, new points of access, introduction of obstructions that affect camera coverage, or any incidents or threats that may heighten security risks.
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Upon receipt of such notification, Sound Surveillance, LLC may propose an Updated Configuration Scheme designed to mitigate the newly identified risks. If you choose not to implement the Updated Configuration Scheme or fail to notify Sound Surveillance, LLC of the changes that necessitated it, You assume full responsibility for any ensuing security lapses, including but not limited to, damage to property/assets or any unlawful activities that occur at the Monitored Location.
By failing to act upon our recommendations or to inform us of changes that would affect the Configuration Scheme, You expressly acknowledge and agree that Sound Surveillance, LLC shall not be held liable for any resultant damages or legal consequences that occur at the Monitored Location.
Monitoring Services and User Accountability
Monitoring Services
Monitoring services will be rendered by Sound Surveillance, LLC during specified hours as indicated in the Site Profile & Surveillance Requirements Form, typically from 6:00 pm to 6:00 am on weekdays, and 24 hours on weekends and public holidays unless otherwise stipulated.
Monitoring will adhere to the following protocols:
Monitoring center staff reserves the right to exercise professional judgment in determining the appropriate response to any events detected on site.
Operators will conduct periodic video guard tours, cycling through on-site cameras during active monitoring hours.
When an event is detected, the monitoring center staff will assess the situation’s severity and decide on the most suitable course of action, which may include notifying emergency services if deemed necessary.
In periods of heightened activity (e.g., extreme weather conditions, increased traffic), operators will increase the frequency of camera cycling and may prioritize this over automated event alerts.
For verified Security Events, monitoring staff will initiate the agreed-upon emergency protocols as detailed in the Site Profile and Surveillance Requirements Form.
Changes to this Services Protocol may be made periodically to enhance service quality. Notifications of any significant changes will be communicated in writing in advance or shortly thereafter.
User View Access and Responsibilities
User View allows designated individuals specified in the Site Profile & Surveillance Requirements Form to access real-time footage through a secure online portal. Although Users can manipulate the Cameras’ pan, tilt, and zoom features, Sound Surveillance, LLC shall bear no responsibility for any compromised Configuration Scheme resulting from unauthorized camera adjustments or failure to reset the camera to its preset position.
You agree not to log into User View while active remote monitoring is being conducted by the Monitoring Centre.
Security Measures
You are responsible for maintaining the confidentiality and security of all login credentials. Should you need to reset your password, please contact your Account Representative immediately.
Security Breach Protocols
Should Sound Surveillance, LLC become aware of any unauthorized access or potential misuse of the User View, immediate action will be taken to suspend User access and secure the system. You will be promptly notified of such actions and may need to reauthenticate your credentials for reinstated access.
Stored Data & Security Measures
Data Storage and Integrity
All captured images (“Data”) will be recorded and securely stored on a hard drive maintained by Sound Surveillance, LLC (“Data Storage Device”). To ensure the integrity of the stored Data, You are prohibited from moving or tampering with the Data Storage Device without prior consultation and approval from Sound Surveillance, LLC. Any Data uploaded or transferred to a Sound Surveillance, LLC facility will be digitally archived and securely stored on the premises.
Data Access and Third-party Requests
Access to the stored Data will be restricted to authorized Sound Surveillance, LLC personnel who require access for the provision of the Service. In the event of any third-party requests for Data access, Sound Surveillance, LLC will notify You immediately. We will comply with your instructions regarding Data access, provided that doing so does not conflict with our legal obligations.
In the case of urgent requests from law enforcement agencies, Sound Surveillance, LLC will promptly grant access to secure the Monitored Location and ensure public safety. You will be informed of all such instances of Data disclosure.
Data Retention and Deletion Policy
Unless otherwise stipulated in the Site Profile & Surveillance Requirements Form or if the Data is essential to a Security Event investigation, Data will be retained for a maximum of two (2) weeks, after which it will be permanently erased.
Service Termination Protocols
Upon termination of the Service, any Data that is not required for legal purposes or as evidence in a Security Event will be securely deleted. Sound Surveillance, LLC will coordinate with You to ensure a smooth transition and to confirm the deletion of all non-essential Data.
Electrical and Internet Service Requirements and Responsibilities
Service Infrastructure Assessment
As part of the Configuration Scheme development for each Monitored Location, Sound Surveillance, LLC will assess and confirm the electrical and internet service requirements essential for the optimal operation of the Service. You hereby grant Sound Surveillance, LLC authorization to coordinate with suitable communications providers for internet service arrangements on your behalf.
Client’s Responsibilities for Electrical Power
You are responsible for maintaining a stable electrical power supply at the Monitored Location. If temporary hydro poles are to be utilized, it is YOUR obligation to install certified outdoor GFCI receptacles with weatherproof covers, located approximately 5 feet below the top of the pole, in accordance with standard safety regulations.
Subcontractor and Power Issues
It is imperative that the General Contractor ensures an uninterrupted power supply to the surveillance equipment. Should any power loss occur due to actions by a subcontractor, such as unplugging cameras or recorder or tripping a GFCI, the General Contractor is responsible for immediate rectification. Sound Surveillance, LLC will notify you as soon as any issue affecting the power supply to our equipment is detected.
Highly Recommended Daily Camera Check Before Site Closure
To mitigate the risk of service interruptions, especially over weekends or extended periods of site inactivity, Sound Surveillance, LLC highly recommends a daily check of the power status of all cameras and equipment before leaving the site. While this is a recommendation and not a requirement, its adherence can significantly improve service reliability and minimize potential security risks due to technical issues.
Contingency Plan for Power and Communication Failures
In the event of full or partial electrical power outages or disruptions in the communication services at the Monitored Location that adversely affect the Service, the provision of the Service will be temporarily suspended. Service will resume once power and communication lines have been restored to a stable condition. Sound Surveillance, LLC will work collaboratively with you to either rectify the problem or to put in place alternative security measures.
On-Site Service for Power-Related Issues
In the event that Sound Surveillance, LLC is requested to perform on-site service due to power-related issues, including those caused by subcontractors or other external factors, you acknowledge and agree that you will be charged a minimum of one full hour of service, irrespective of the duration of the visit. This charge is applicable to cover our technician’s time, travel, and resources required to assess and address the power-related issue effectively. This provision applies even if the issue is identified as outside our equipment’s functionality or performance and pertains solely to power supply challenges.
Limitation of Liability
Sound Surveillance, LLC shall not be held liable for any security lapses, damage to property, or other liabilities that may occur at the Monitored Location during any period of service interruption due to power or communication failures. You acknowledge that any failure on your part to maintain stable electrical power or communication services at the Monitored Location can result in lapses in the surveillance and security coverage.
By using the Service, you acknowledge that you have read, understood, and agree to abide by all provisions related to Electrical and Internet Service Requirements and Responsibilities.
Equipment Ownership, Maintenance, and Repairs
Ownership of Equipment
All equipment, including but not limited to cameras, recording devices, network video recorders, and other related devices, installed on Your site by Sound Surveillance, LLC to facilitate the Service, is the exclusive property of Sound Surveillance, LLC. Upon the termination of the Service, this equipment shall be removed by Sound Surveillance, LLC, unless paid for in full by You at the time of termination at a price determined by Sound Surveillance, LLC. Alternatively, You have the option to purchase the equipment outright at the commencement of the Service.
Maintenance Responsibility
Equipment owned by Sound Surveillance, LLC shall be installed, maintained, and repaired by Sound Surveillance, LLC at no additional charge to You. This includes routine maintenance, technical updates, and necessary repairs to ensure the optimal performance of the equipment. However, repairs necessitated by deliberate acts and/or negligence on Your part or persons under Your employment will be subject to charges.
Repair Costs and Accountability
Costs associated with repairs attributed to reasons deemed to be Your fault, including those resulting from deliberate acts or negligence, will be charged back to You. This provision aims to encourage responsible usage and care of the equipment to avoid unnecessary repair costs.
Client-Owned Equipment Maintenance
If You own certain equipment outright or have purchased it in full, You acknowledge that maintenance beyond routine upkeep may generate costs that go beyond the scope of the monthly Service fees. Sound Surveillance, LLC will provide transparent communication regarding any additional maintenance costs associated with client-owned equipment.
By entering into this Agreement, You agree to the equipment ownership, maintenance, and repair terms outlined above, which are essential for ensuring the effectiveness and longevity of the Service.
