Blue Empress Security Technologies’ Terms and Use Conditions

 

1. Service Overview 

  • Blue Empress Security Technologies ("Provider") offers the following services to the subscriber ("Customer") for applicable fees, including taxes and additional charges, subject to the Customer’s location within the Provider’s designated service area and the availability of necessary resources and equipment: 
  • Installation Services 
    The Provider will supply and install security cameras (the "Equipment") at the Customer's premises. Installation services are limited to ensuring proper setup and functionality of the Equipment as per the Provider's standards. 
  • Monitoring Services 
    The Provider will offer monitoring services for the Equipment installed by the Provider or for pre-existing security cameras at the Customer's premises, provided they are compatible with the Provider's monitoring system. Monitoring services include real-time observation and notification protocols as outlined in the Provider's service terms. 
  • Customers may opt for either installation services, monitoring services, or both, depending on their needs and the compatibility of existing equipment with the Provider's monitoring systems. 
  • Insurance Fee: The Customer will be charged an additional monthly insurance fee for coverage against potential defects in the equipment, excluding intentional damage, theft, or damage due to natural events, including but not limited to earthquakes, floods, fire, or severe weather. The Customer may request to waive the insurance coverage, at which point no coverage will apply. 
  • Additional Equipment: Additional cameras may be added to the service at the Customer's request for an additional fee of $20 per camera per month. 
  1. Usage Guidelines
  • Premises Use: The Equipment is provided solely for the Customer’s premises. Any installation must be performed in accordance with the Provider's installation guidelines. The Customer agrees to notify the Provider in writing of any changes to the use or business hours of the premises. 
  • Maintenance of Equipment: The Customer is responsible for maintaining clear camera views and ensuring reliable power to the Equipment. The Provider is not responsible for incidents occurring outside the Equipment’s view or resulting from inadequate visibility due to obstructions or poor lighting. 
  • Internet Access: The Customer is responsible for providing a reliable internet connection at the premises to ensure uninterrupted operation of the monitoring and alert functions. Any service interruptions or equipment malfunctions caused by inadequate power or internet access will not be the responsibility of the Provider. 
  1. Monitoring Services and Limitations
  • Daytime Business Hours: For businesses operating during regular business hours, the Provider will not monitor alerts during such hours, but will conduct routine check-ins. 
  • After-Hours Monitoring: Continuous real-time alert monitoring will be activated outside of the Customer's designated business hours. The Customer must confirm business hours with the Provider. Alerts outside these hours will be deemed “after-hours” alerts. 
  • Unauthorized Equipment Alterations: Any unauthorized tampering with or relocation of the Equipment by the Customer may result in suspension of service. The Customer agrees to indemnify and hold the Provider harmless for any liabilities arising from such actions. 
  • Notification Requirement for Operating Hours Changes: Clients are required to notify the provider of any changes to their operating hours at least 48 hours in advance to ensure accurate and uninterrupted monitoring services. Failure to provide timely notice may result in limitations or inaccuracies in service coverage. 
  1. Billing and Cancellation
  • Cancellation: The Customer must provide at least thirty (30) days' written notice to terminate the service. If the Customer terminates prior to the completion of the agreed-upon term, early termination fees may apply, as specified in the Service Agreement. 
  • a. Charges, Fees, and Taxes You Must Pay 
    By subscribing to services provided by Blue Empress Security Technologies ("Provider"), you agree to pay all associated charges, including but not limited to: 
  • Fees for installation, activation, and monitoring services. 
  • Costs for equipment supplied by the Provider (the "Equipment"). 
  • Usage-based charges, fees from third parties, and applicable federal, state, and local taxes, regardless of how they are designated. 
  • Permitting fees, regulatory fees, and other assessments imposed by municipal, state, or federal governments on the Provider or its services. 
  • You are also responsible for paying any government-imposed taxes or fees that are applied retroactively. The Provider will notify you of any changes to prices or fees related to your services, including the effective date of such changes. However, changes arising from adjustments in governmental or regulatory taxes, fees, or assessments may not require advance notice unless mandated by law. Note that some charges or fees may not apply to all services. 
  • b. How We Will Bill You 
    Services are generally provided on a month-to-month basis unless you are under a minimum-term agreement. Billing practices include: 
  • Monthly Billing: You will typically be billed in advance for recurring service charges, equipment charges, and any associated fees. 
  • Initial Payment: Prior to the installation of any services, you must pay the first month’s service charges, equipment charges, deposits (if applicable), and any installation or activation fees. 
  • First Bill: Your initial bill may include prorated charges from the date services began, monthly recurring charges for the upcoming billing cycle, and charges for any non-recurring services provided. 
  • Post-Service Billing: Certain services, such as interactive features or e-commerce charges, may be billed individually after use. 
  • Promotional Offers: If you subscribe to services under a promotional offer, standard charges for those services will apply after the promotional period ends. 
  • By accepting services from Blue Empress Security Technologies, you agree to these terms and the associated charges as described. 

Yearly Billing Option 

For customers who prefer an annual payment schedule, Blue Empress Security Technologies ("Provider") offers a yearly billing option. Under this arrangement: 

  • Payment Terms: You agree to pay the total annual amount for services in advance, covering a 12-month period from the date of activation or renewal. 
  • Discounts or Benefits: Any discounts or promotional rates associated with the yearly billing option will be specified in your service contract. 
  • Non-Refundable Policy: Payments made under the yearly billing option are non-refundable, except as required by applicable law or as outlined in the Provider’s refund policy. 
  • Renewal and Notification: Your annual billing cycle will automatically renew at the end of the 12-month period unless you cancel services in accordance with the Provider’s cancellation policy. The Provider will notify you in advance of the renewal date and any changes in fees or terms. 

By selecting the yearly billing option, you acknowledge and agree to these terms and authorize the Provider to charge the full annual amount to your preferred payment method at the start of each billing cycle. 

  1. Payment by Credit Card or Check

If you choose to pay for services provided by Blue Empress Security Technologies ("Provider") using a credit card, your payment is subject to the terms of your agreement with the card issuer. You are responsible for reviewing that agreement to understand your rights and liabilities as the cardholder. 

  • Should the Provider not receive payment from your credit card issuer or its agents, you agree to pay the full amount due upon demand. 
  • If payment is made by check, you authorize the Provider to process the check electronically. Any attempt to amend or modify this agreement or your payment obligations by including restrictive endorsements (e.g., "paid in full") or similar statements on checks or accompanying documents will not be recognized, and such notations will have no legal effect. 
  1. Remedies if You Pay Late or Fail to Pay

Late or Non-Payments 
If Blue Empress Security Technologies ("Provider") does not receive payment for services by the due date, or if you pay less than the full amount owed, you may be charged fees, charges, and assessments related to late or non-payments. 

Fees Not Considered Interest or Penalties 
The Provider does not extend credit to customers and does not anticipate late or non-payment of services. Any fees, charges, or assessments for late or non-payment are considered liquidated damages. These charges are a reasonable advance estimate of the costs incurred by the Provider due to delayed payments, as these costs are challenging to calculate or predict. Such factors include, but are not limited to: 

  • Whether and when you will pay the amount owed. 
  • The specific costs incurred by the Provider due to the delay or default. 

Collection Costs 
If the Provider employs a collection agency or attorney to recover outstanding payments, you agree to pay the reasonable costs of collection. These costs include, but are not limited to, collection agency fees, attorney fees, and any arbitration or court costs. 

Suspension or Disconnection of Services 
In the event of non-payment, the Provider reserves the right, in accordance with applicable law, to suspend or disconnect some or all services at its sole discretion. 

Application of Payments 
The Provider may apply payments received from you toward outstanding balances for services or other related charges in the order and manner the Provider determines appropriate. 

Reconnection Fees and Related Charges 
If you choose to resume services after suspension, the Provider may require payment of a reconnection fee. For reinstating services following disconnection, you may be required to pay an installation fee and/or service activation fee, in addition to all past-due charges and associated fees. Reconnection of services is subject to the Provider's credit policies, this agreement, and applicable laws. 

By using the Provider’s services, you acknowledge and accept these terms regarding late or non-payments. 

Your Responsibilities Concerning Billing Questions 

In accordance with applicable law, if you wish to dispute a charge or request a billing credit for services provided by Blue Empress Security Technologies ("Provider"), you must notify the Provider within sixty (60) days of the billing date. Failure to raise disputes or request credits within this timeframe will result in a waiver of your right to challenge the charge or receive a credit. 

  1. Limitation of Liability

You acknowledge and agree that Blue Empress Security Technologies ("Provider"), its affiliates, agents, representatives, suppliers, service providers, contractors, or subcontractors are not insurers against any potential or actual loss or damage to persons or property. This includes, but is not limited to, loss or damage caused by burglary, theft, fire, smoke, carbon monoxide poisoning, physical harm, unauthorized entry, or the conduct of any persons on the premises. 

The payments you make under this agreement are not related to the value of your premises, possessions, or occupants. Instead, they reflect the cost of the equipment and services provided and account for the limitations of liability outlined in this agreement. The Provider expressly disclaims all liability for any loss or damage occurring before, during, or after the execution of this agreement, including liability based on contract, tort, negligence, warranty (including merchantability and fitness for a particular purpose), or any other legal theory. 

If the Provider, its affiliates, or any of its or their agents, representatives, suppliers, service providers, contractors, or subcontractors are found liable for any loss or damage due to negligence or failure to fulfill obligations under this agreement (including installation, monitoring, or maintenance of the system), the maximum liability will be limited to $250.00. 

Should you request the Provider to assume greater liability, this can only be done for an additional fee agreed upon by both parties, and such an agreement must be documented in a rider signed by both you and the Provider. Even if such an agreement is made, it does not make the Provider or its representatives' insurers. 

This limitation of liability applies to all forms of damages, including but not limited to: 

  • Lost profits. 
  • Loss or damage to property. 
  • Loss of use of property or premises. 
  • Governmental fines and charges. 
  • Claims by third parties. 
  • Direct, indirect, special, incidental, consequential, and punitive damages. 

The limitations apply to any acts, omissions, or negligence by the Provider, its affiliates, and their respective officers, employees, agents, suppliers, service providers, contractors, subcontractors, or representatives, regardless of the legal theory under which a claim is brought. 

Some states do not allow the exclusion or limitation of liability for incidental or consequential damages. Therefore, these limitations may not apply to you, and you may have additional rights depending on your state of residence. 

8. Your Additional Agreements

  • Authority to Enter Agreement 
    By entering into this agreement with Blue Empress Security Technologies ("Provider"), you confirm that you are at least eighteen (18) years old and have the legal authority to sign this agreement. Signing this agreement does not violate any other agreement to which you are a party. 
  • Accurate Information 
    You agree to provide accurate, complete, and up-to-date information, including your legal name, address, telephone number, payment data (including recurring payment authorizations), and details related to the monitoring system ("System"). You also agree to promptly notify the Provider of any changes to this information. Failure to provide or maintain accurate information constitutes a breach of this agreement. 
  • False Alarms 
    You agree to take all reasonable steps to prevent false alarms and accept responsibility for any false alarms triggered by the System. Excessive false alarms will be considered a breach of this agreement, and the Provider reserves the right to terminate monitoring services and recover damages. If the Provider incurs fines or penalties due to false alarms, you agree to reimburse the Provider for such charges. If notified of a malfunction, you agree to disconnect the System until it can be repaired. 
  • Tampering with the System 
    You agree not to tamper with, alter, or interfere with the System and will not permit others to do so. 
  • Recording and Program Changes 
    To the extent permitted by applicable law, you consent to the Provider recording and using communications with anyone at the premises in the normal course of business. You also agree that the Provider may make program changes to its proprietary data in the System’s transmitting device. 
  • Access to the Premises 
    You grant the Provider and its agents the right to access the premises physically, remotely, or electronically at reasonable times for installation, maintenance, upgrades, replacements, or removal of the System. You warrant that you are the owner of the premises or have the authority to grant such access. If you do not own the premises, you are responsible for obtaining approval from the owner and providing the owner’s contact information or proof of authorization if requested. You confirm that you are unaware of any hazardous conditions on the premises. 
  • Change of Ownership or Occupancy 
    You agree to notify the Provider immediately of any change in ownership or occupancy of the premises. Your obligations under this agreement continue even if you sell or vacate the premises. 
  • Exclusive Agent Authority 
    The Provider will act as your exclusive agent for all purposes related to this agreement. This includes, but is not limited to, communicating with relevant parties, receiving alarm signal notifications on your behalf, managing your services (including initiating, adding, suspending, or canceling services), investigating and resolving System-related issues, and maintaining account data. 

9. Blue Empress Security Technologies - Company Cancellation.

  • Reasons for Termination
  • Blue Empress Security Technologies ("Provider") may terminate this Agreement at any time by providing notice to you under the following circumstances:
  • The Provider’s or its third-party suppliers’ or contractors’ monitoring center is destroyed or damaged to the extent that continued service is impractical. 
  • The Provider cannot acquire or maintain the necessary transmission connections or authorization to transmit signals between the premises and the Provider’s monitoring center, or the relevant fire, police, or other agencies. 
  • You fail to repair or replace defective parts of the System as recommended by the Provider. 
  • You do not comply with the Provider’s operating instructions for the System. 
  • You fail to fulfill your obligations under this Agreement. 
  • Modifications or alterations to the premises after installation render it impractical for the Provider to continue services. 
  • You do not maintain the premises in a safe and sanitary condition. 
  • You cease to maintain a compatible broadband internet connection required for the services, as determined by the Provider. 

Changes in applicable law increase the Provider’s cost of delivering services or alter the Provider’s liability in a way that makes continued service impractical.

10. Customer Responsibilities Upon Termination

  1. If the Provider terminates this Agreement for any reason, you must:
  2. Immediately discontinue all use of the System and any equipment provided by the Provider ("Provider Equipment"). 
  3. Pay all charges for services rendered up to the termination date. 

Cover the Provider’s reasonable collection costs, including attorneys’ fees, if applicable. 

  1. Return all Provider Equipment to the Provider's local office in good working condition (reasonable wear and tear excepted) within ten (10) days of termination. 
  2. Allow the Provider or its agents to access the premises peacefully to retrieve any Provider Equipment or materials. 

If you fail to return or permit retrieval of Provider Equipment, you will be charged the full retail cost for new replacements. 

The Provider is not obligated to provide any services, including monitoring, after the termination date. 

  1. Waiver of Defaults
    If the Provider waives any default under this Agreement, such waiver does not constitute a waiver of future defaults. Any waiver must be made explicitly in writing.
  2. Maintenance and Liability
  • Maintenance of Equipment: The Provider will repair or replace any defective Equipment under the insurance terms. The Customer acknowledges that unauthorized repairs or relocations of the Equipment may result in additional fees or voiding of warranty. 
  • Warranty of Cabling and Cabling Hardware: The Provider offers a 90-day warranty on all cabling and cabling hardware. After this 90-day period, the Customer must consult the manufacturer for warranty claims or repairs. 
  • Cameras Warranty: The cameras provided are covered solely under the manufacturer’s warranty. Blue Empress Security Technologies does not provide a separate warranty for the camera hardware. The Provider is not responsible for any defects, malfunctions, or damages to the cameras after the manufacturer's warranty period has expired. 
  • Limitation of Liability: The Provider is not responsible for damages or incidents resulting from power disruptions, power surges, natural disasters, vandalism, theft, or misuse of the Equipment. The Customer agrees to indemnify and hold the Provider harmless from any claims arising from third-party actions, including but not limited to those involving vandalism or theft. 
  1. Insurance and Risk Limitation
  • Insurance Exclusions: The monthly insurance fee does not cover losses caused by theft, natural disasters, vandalism, power surges, or any events outside the control of the Provider. The Customer is advised to maintain supplemental insurance for such risks. 
  • Limitation of Liability: The Provider's liability is strictly limited to the repair or replacement of defective Equipment under the insurance plan. The Provider is not liable for any direct, indirect, incidental, or consequential damages resulting from service interruptions or failures. 
  1. Dispute Resolution and Termination
  • Arbitration: Any disputes arising out of or related to this agreement will be resolved through binding arbitration, in accordance with the laws of the State of Tennessee, and governed by the rules of the American Arbitration Association (AAA). The arbitration will take place in the county of the Provider’s primary business location, unless otherwise agreed upon by the parties. The arbitration will be conducted in English and in the jurisdiction of the Provider’s principal place of business. The Customer agrees to arbitrate any dispute rather than pursue claims through litigation. 
  • Termination for Cause: If the Customer breaches this agreement by tampering with, relocating, or modifying the Equipment without consent, the Provider may immediately terminate service without prior notice. In such cases, the Customer will remain liable for all fees due up to the date of termination. 
  1. Optional Wi-Fi Hotspot Service
  • Eligibility: The optional Wi-Fi hotspot service is available for vacant, unoccupied, or non-operational properties, such as: 
  • Vacant residential or business properties 
  • Properties under construction 
  • Unused rental properties (e.g., Airbnbs) 
  • Service Conditions: The Wi-Fi hotspot service is not available for businesses operating during regular business hours. This service incurs an additional monthly fee, which will be specified in the contract, based on the property’s location and requirements. 
  • Equipment Use: The Provider will supply necessary equipment for Wi-Fi hotspot access, which remains the property of the Provider. The Customer must return all equipment upon termination of service, and any loss or damage may result in additional charges. 
  • Limitations of Service: The Wi-Fi hotspot service is subject to limitations in data speeds, coverage, and reliability based on the property’s location. The Provider is not liable for service interruptions or performance issues caused by external factors such as signal interference, poor reception, or other uncontrollable circumstances. 
  1. Governing Law
  • Applicable Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law principles. 
  • Venue: Any legal action or proceeding under this Agreement shall be brought exclusively in the courts located in the state and county where the Provider’s principal place of business is located. The Customer hereby consents to personal jurisdiction and venue in such courts. 
  1. Disclosure of Camera Footage to Law Enforcement

Blue Empress Security Technologies ("Provider") is committed to supporting public safety and assisting law enforcement agencies in the investigation and prosecution of criminal incidents. In accordance with applicable Tennessee state law, the following terms apply to the handling of camera footage collected by our systems: 

  • Disclosure Upon Request: Camera footage from monitored locations may be disclosed to law enforcement agencies upon a formal request in connection with the investigation of criminal incidents. Such requests must comply with all applicable legal requirements, including but not limited to court orders, subpoenas, or written requests from authorized law enforcement officials. 
  • Proactive Disclosure: In the event that Blue Empress Security Technologies becomes aware of footage relevant to a criminal incident, the Provider may proactively notify law enforcement and supply the footage to assist in the investigation. 
  • Client Notification:  To the extent permitted by law, the Provider will make reasonable efforts to notify the client of the disclosure of footage to law enforcement. However, notification may not occur if prohibited by legal process or if such notification would compromise an ongoing investigation. 
  • Retention and Privacy: Camera footage will be retained in accordance with the Provider's retention policy and applicable state and federal regulations. The Provider is committed to protecting client privacy and ensuring that footage is disclosed solely for lawful purposes. 
  1. Miscellaneous Provisions
  • Entire Agreement: This Agreement constitutes the entire understanding between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous communications, whether oral or written, regarding such subject matter. 
  • Amendments: The Provider reserves the right to amend or modify these Terms and Conditions by providing written notice to the Customer. Continued use of the services after such notice shall constitute the Customer’s acceptance of the modifications. 
  • Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect. 
  • Force Majeure: The Provider shall not be held liable for any failure or delay in performance under this Agreement caused by events beyond its reasonable control, including but not limited to acts of God, pandemics, government regulations, war, terrorism, labor strikes, technical failures, or other uncontrollable circumstances.