Terms and Conditions

Last Update: 11/05/2025

These terms and conditions relate to and govern the agreement between Digital Provisions and you, the Customer, regarding the installation of monitoring systems at your residence, institution or place of business and any services related to the installation or monitoring of the system by Digital Provisions. Digital Provisions reserves the right to adjust the prices set forth in this Agreement in the event of any increase in the cost of parts, materials, components or other inputs directly resulting from the imposition of, or increase in, tariffs, duties, or other governmental levies imposed after the Date of Acceptance. Any such price adjustment shall be reasonably proportionate to the increased cost incurred by Digital Provisions and shall be communicated to the Customer in writing with reasonable supporting documentation.

CHANGES TO THE TERMS: We may periodically make changes to these terms and conditions, at our sole discretion. When we do, we will update the “Last Updated” date above. It is your responsibility to review the most recent version of these terms and and conditions and remain informed of any changes. You agree that your continued use of service after the effective date of any changes will constitute your acceptance of the changed terms and conditions for your continued use.

CONTROL: Monitoring system and services do not constitute control of your system. No monitoring system is infallible, and you should check your system’s performance regularly.

SHIPPING AND HANDLING: Normal S&H costs will be covered under this agreement. Expedited shipping may be requested and will result in additional charges to the end user.

RISK OF LOSS: Customer assumes all risk of loss to material once delivered to the job site. Digital Provisions shall not be liable for any damage or loss sustained by the customer as a result of delays in delivery, acts of God, war, strikes, or any other causes beyond its control, including Digital Provisions’ negligence or failure to perform any obligation.

EXCLUSIONS: Lightning Damage, Vandalism, Misuse of Equipment, Tampering, Negligence, Fire, Spills, Exposure to weather (if not designed for), Acts of God, Acts of War, Riots, embargoes or terrorism. Customer requested changes, moves, or additions to the system are not covered, nor is credential management.

ALTERATIONS TO PREMISES: Digital Provisions shall perform the installation with reasonable skill and care. Digital Provisions shall not be liable for ordinary wear and tear or cosmetic effects reasonably necessary to perform the installation. Digital Provisions shall only be responsible for direct physical damage to the premises caused by its gross negligence or willful misconduct, and any such liability shall remain subject to the limitation of liability provisions set forth in this Agreement.

TESTING AND MAINTENANCE OF SYSTEMS: Repairs due to causes outside normal wear and tear, such as electrical surges or tampering, are the customer’s responsibility. Service, if provided, is governed by other sections of this agreement.

INDEMNITY / WAIVER OF SUBROGATION: Customer agrees to and shall indemnify and hold harmless Digital Provisions, its employees, agents, and subcontractors, from and against all claims, lawsuits, including those brought by third parties or Customer, including reasonable attorneys’ fees, and losses asserted against and alleged to be caused by Digital Provisions’ performance, negligent performance, or failure to perform its obligations under this agreement. Parties agree that there are no third-party beneﬁciaries of this contract, and the Customer’s insurance carrier waives any right of subrogation against Digital Provisions.

NO WARRANTIES OR REPRESENTATIONS: BUYER’S EXCLUSIVE

REMEDY: Digital Provisions does not represent nor warrant that the monitoring system or service, if any, will prevent any loss, damage, or injury to persons or property, by reason of burglary, theft, hold-up, ﬁre, or other cause, or that the system will in all cases provide the protection or service for which it is installed or intended. Customer acknowledges that Digital Provisions is not an insurer, and that Customer assumes all risk for loss or damage to Customer’s premises or its contents. Digital Provisions has made no representations or warranties and hereby disclaims any warranty of merchantability or ﬁtness for any particular use. Customer’s exclusive remedy for Digital Provisions’ default hereunder is to require Digital Provisions to repair or replace, at Digital Provisions’ option, any equipment or part of the system or service which is non-operational.

EXCULPATORY CLAUSE: Customer agrees that Digital Provisions is not an insurer, and no insurance coverage is offered herein. The equipment is designed to reduce certain risks of loss, though Digital Provisions does not guarantee that no loss will occur. Digital Provisions is not assuming liability, and, therefore, shall not be liable to Buyer for any loss, personal injury, or property damage sustained by Customer as a result of burglary, theft, hold-up, ﬁre, equipment failure, smoke, or any other cause, whatsoever, regardless of whether or not such loss or damage was caused by or contributed to by Digital Provisions’ negligent performance, failure to perform any obligation, or strict products liability. Customer releases Digital Provisions from any claims for contribution, indemnity, or subrogation.

LIMITATION OF LIABILITY: Customer agrees that should there arise any liability on the part of Digital Provisions as a result of its negligent performance to any degree, failure to perform any of its obligations, equipment failure, or strict products liability, Digital Provisions’ liability shall be limited to the sum of three times the monthly payment at the time liability is ﬁxed or the sum of $250.00, whichever is greater. If Customer wishes to increase Digital Provisions’ maximum amount of liability, Customer may, as a matter of right, at any time, by entering into a supplemental contract, obtain a higher limit by paying an annual payment consonant with the increased liability. This shall not be construed as insurance coverage.

PAYMENT DISPUTES: In the event Customer disputes any invoiced amount(s), Customer will notify Digital Provisions of the disputed amount(s) within 14 days of invoice receipt, and submit payment for all undisputed amounts in accordance with the Acceptance page of this document. Upon Customer’s notiﬁcation of Digital Provisions, the Payment Period shall be suspended until Digital Provisions and Customer mutually agree to a resolution of such dispute, at which time Customer shall make payment of such amounts within the greater of: (i) the remainder of the Payment Period or (ii) thirty (30) days from the date of such resolution.

LEGAL ACTION: In the event Digital Provisions refers the agreement with Customer to an attorney, to recover any amounts owed by Customer to Digital Provisions, the parties agree that the amount to be recovered, and any judgment to be entered, shall include interest at the rate of 1.5% per month from the date payment is due and Customer shall pay Digital Provisions’ legal fees. In any action commenced by Digital Provisions against Customer, Customer shall not be permitted to interpose any counterclaim.

FULL AGREEMENT/SEVERABILITY/ CONFLICTING DOCUMENTS

These terms and conditions constitute the full understanding of the parties and may not be amended or modiﬁed or canceled except in writing signed by both parties. Should any conﬂict arise between these terms and conditions and the Customer’s purchase order or other document, these terms and conditions shall govern, regardless of whether such purchase order or document is dated prior to or subsequent to the dated of these terms and conditions. Should any provision herein be deemed void, all other provisions will remain in effect.