monitoring, testing & inspection services
Version 1.0 | Effective May 2026
These Terms and Conditions ('Terms') govern the provision of fire alarm monitoring, testing, and inspection services by Pyro-Comm Systems, Inc. ('PCSI') to the Customer identified in the applicable Proposal. Pyro-Comm Systems, Inc. is a California corporation located at 15215 Alton Parkway, Suite 100, Irvine, California 92618.
1. ACCEPTANCE AND INTEGRATION
By approving a Proposal, Purchase Order, or other ordering document referencing these Terms — whether by written signature, electronic confirmation, or authorization to commence services — Customer agrees to be bound by these Terms and Conditions ('Terms'). These Terms, together with the applicable Proposal and any attached Schedule or Scope of Work, constitute the complete agreement between the parties ('Agreement'). If Customer's Purchase Order or other document contains terms that conflict with these Terms, these Terms shall govern unless PCSI expressly agrees otherwise in a written document signed by an authorized PCSI officer.
2. DEFINITIONS
'AHJ' means the Authority Having Jurisdiction over the Premises.
'Customer' means the entity or individual identified in the Proposal.
'Equipment' means the fire alarm system, components, and related life safety equipment at the Premises.
'NFPA' means the National Fire Protection Association.
'Premises' means the physical location(s) identified in the Proposal.
'Proposal' means the written proposal or quote issued by PCSI referencing these Terms.
'Remote Supervising Station' means the UL-listed central station monitoring facility used by PCSI.
'Services' means the monitoring, testing, inspection, and/or maintenance services described in the Proposal.
'System' means the fire alarm and related life safety systems at Customer's Premises.
3. TERM AND RENEWAL
The initial term shall be as specified in the Proposal. Unless either party provides written notice of non-renewal at least thirty (30) days before the end of the then-current term, this Agreement shall automatically renew for successive one-year periods on the same terms and conditions.
4. PAYMENT TERMS
a. Customer shall pay all invoices within thirty (30) days of the invoice date. Recurring service fees shall be invoiced in advance as specified in the Proposal.
b. Invoices not paid when due shall accrue interest at the rate of 1.5% per month (18% per annum) from the due date until paid in full.
c. PCSI may suspend Services upon five (5) business days' written notice if any invoice is outstanding more than thirty (30) days past due. Reinstatement of Services may require payment of a reconnection fee at PCSI's then-current rates.
d. Customer shall pay PCSI a processing surcharge of 2.95% on all payments made by credit or debit card.
5. RATE ADJUSTMENTS
After the first anniversary of the effective date, PCSI may adjust recurring service fees once per calendar year with thirty (30) days' prior written notice. Annual adjustments shall not exceed the greater of: (a) the percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U, Los Angeles-Long Beach-Anaheim area) for the preceding 12 months; or (b) five percent (5%).
6. CENTRAL STATION MONITORING SERVICES
This Section applies only where monitoring services are included in the Proposal.
a. Signal Dispatch. Upon receipt of a fire alarm signal, the Remote Supervising Station shall use commercially reasonable efforts to notify Customer's designated contacts and the appropriate municipal fire department in accordance with AHJ dispatch procedures.
b. Supervisory and Trouble Signals. Only Customer's designated contacts will be notified of supervisory, trouble, or other off-normal signals. Notification may be by telephone, text, or email. Leaving a voicemail or message constitutes fulfillment of PCSI's notification obligation.
c. Call List. Customer shall provide and maintain a current written call list. PCSI shall not be liable for notifications made in accordance with the most recently provided list. All changes must be submitted in writing.
d. Communication Pathways. PCSI is not responsible for failures in telephone networks, internet pathways, cellular networks, VOIP infrastructure, or other communication systems not owned or operated by PCSI. Customer is responsible for maintaining all required communication pathways as required by NFPA 72.
e. Customer Obligations. Customer shall furnish, at Customer's expense, all required power (110V AC), dedicated circuits, internet connectivity, and communication infrastructure necessary for System operation and monitoring.
f. Excessive Signals. Monitoring accounts generating more than seventy-five (75) signals in any 24-hour period may be subject to additional charges and PCSI may suspend monitoring of such account upon written notice until the underlying cause is remediated.
g. AHJ Notification on Termination. Upon termination or suspension of monitoring services for any reason, PCSI reserves the right, and shall if required by the AHJ, notify the appropriate AHJ of such termination.
7. TESTING AND INSPECTION SERVICES
This Section applies only where testing and/or inspection services are included in the Proposal.
a. Inspection Scope. Inspections shall be performed at the frequency specified in the Proposal in accordance with NFPA 72 Chapter 14 and the requirements of the applicable AHJ.
b. Scheduling and Notice. PCSI shall provide Customer with at least three (3) business days' advance notice of scheduled inspections. Customer is responsible for ensuring access to all areas of the Premises on the scheduled date.
c. Turn-Away Fee. If PCSI technicians arrive for a scheduled inspection and are denied access, or if the inspection is cancelled with less than twenty-four (24) hours' notice, Customer shall pay a turn-away fee equal to four (4) hours of PCSI's then-current labor rate per scheduled technician, or the hourly equivalent of the scheduled inspection duration, whichever is less.
d. Scope Limitation. Inspection confirms that system components are operational at the time of inspection. It does not constitute a guarantee of continued operation, a warranty against future failure, or coverage for latent conditions not identifiable through standard test procedures.
e. Deficiency Reports. Deficiencies discovered during inspection will be documented in PCSI's report and communicated to Customer. Remediation of deficiencies is at Customer's expense and is not included in inspection services unless separately contracted.
f. Pre-Authorized Repairs. If elected in the Proposal, Customer pre-authorizes PCSI to perform same-day repairs up to the pre-authorized dollar amount to address deficiencies discovered during inspection.
g. Access Equipment. Unless otherwise specified in the Proposal, Customer is responsible for providing, at no cost to PCSI, all access equipment (lifts, scaffolding, roof hatches) required to reach devices at heights exceeding twelve (12) feet.
h. AHJ Filings. PCSI will submit required reports to the applicable AHJ. Fees for AHJ compliance uploads, permit filings, UL certificate maintenance, and third-party portal submissions are as specified in the Proposal or invoiced at PCSI's then-current rates.
8. SOFTWARE AND INTELLECTUAL PROPERTY
All software, programming, passcodes, and configuration data installed or created by PCSI remain the exclusive intellectual property of PCSI. Customer is granted a limited, non-transferable license to use such software solely in connection with the installed System at the Premises. Unauthorized copying, modification, reverse engineering, or transfer of PCSI's software is strictly prohibited and may constitute a violation of applicable federal copyright law (17 U.S.C. et seq.).
9. MODIFICATIONS TO THE SYSTEM
Any modification to the System not performed by PCSI may void applicable warranties and may, at PCSI's option, relieve PCSI of responsibility for system performance. Customer shall notify PCSI in writing prior to any planned modifications. PCSI shall be Customer's preferred vendor for all system modifications, and Customer agrees to make PCSI available to bid on all planned modification work.
10. FALSE ALARMS AND PERMIT FEES
Customer is solely responsible for all false alarm fines, permit fees, AHJ-imposed assessments, and costs arising from fire department or law enforcement response to Customer's System. PCSI shall have no liability for any loss or damage arising from emergency response, delayed response, or non-response by any governmental agency.
11. LIMITED WARRANTY
a. Workmanship. PCSI warrants its workmanship against defects for ninety (90) days from the date of installation or repair. Replacement parts are covered by the applicable manufacturer's warranty.
b. Exclusions. This warranty does not cover damage caused by: lightning, electrical surges or power failures, flooding, acts of God, vandalism, misuse, unauthorized modification, or normal wear and tear.
c. Manufacturer's Warranty. PCSI is not the manufacturer of the Equipment. Customer's remedy for Equipment defects beyond PCSI's workmanship warranty period is exclusively against the applicable equipment manufacturer.
d. Disclaimer. PCSI MAKES NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PCSI does not represent or warrant that the System will prevent any loss by fire, smoke, or any other cause, or that the System will always operate as intended.
12. INDEMNIFICATION
a. Customer's Indemnity. Customer agrees to defend, indemnify, and hold harmless PCSI, its employees, officers, agents, and subcontractors from and against all claims, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from: (i) Customer's use or misuse of the System; (ii) Customer's failure to maintain the System or comply with applicable codes and AHJ requirements; (iii) false alarms or improper signals originating from Customer's Premises; (iv) third-party claims attributable to conditions at Customer's Premises; and (v) Customer's breach of this Agreement.
b. PCSI's Indemnity. PCSI agrees to defend, indemnify, and hold harmless Customer from and against claims by third parties arising directly from the gross negligence or willful misconduct of PCSI's employees or agents. PCSI's indemnity obligations shall not exceed the applicable limitation of liability set forth in the following section.
c. No Cross-Indemnity for Own Fault. Neither party shall be obligated to indemnify the other for claims arising from that party's own negligence, willful misconduct, or breach of this Agreement.
13. PCSI IS NOT AN INSURER - LIMITATION OF LIABILITY
a. Not an Insurer. PCSI is not an insurer and provides no insurance coverage under this Agreement. Fire alarm systems and monitoring services are designed to reduce - but cannot eliminate - the risk of loss or injury. PCSI does not guarantee that the System will prevent any loss, injury, or damage.
b. Exculpatory Clause. PCSI shall not be liable for any loss, personal injury, property damage, or consequential harm sustained by Customer or any third party as a result of fire, equipment failure, communication failure, signal delay, or any other cause, regardless of whether such loss was caused or contributed to by PCSI's performance or failure to perform.
c. Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PCSI'S TOTAL LIABILITY FOR ANY SINGLE CLAIM ARISING UNDER OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED:
(i) For Monitoring Services: the greater of (A) the total monitoring fees paid by Customer in the twelve (12) months preceding the event giving rise to the claim, or (B) $1,000;
(ii) For Testing and Inspection Services: the greater of (A) the fees paid for the specific inspection visit that gave rise to the claim, or (B) $1,000.
d. No Consequential Damages. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
e. Option for Higher Coverage. Customer may, at any time, request a supplemental written agreement increasing PCSI's liability limit in exchange for an additional annual fee. This option shall not be construed as insurance coverage.
f. Exclusions from Cap. Nothing in this Section limits liability arising from fraud, intentional misrepresentation, or willful misconduct.
14. INSURANCE
Customer shall maintain commercial general liability insurance and property insurance covering the full insurable value of Customer's Premises and contents, and shall name PCSI as an additional insured on its general liability policy. Customer and all parties claiming through Customer waive all rights of subrogation against PCSI and its subcontractors for losses intended to be detected by the System or covered by Customer's property insurance.
15. TERMINATION
a. By Either Party. Either party may terminate this Agreement at the end of any term by providing at least thirty (30) days' prior written notice before the renewal date.
b. By PCSI for Non-Payment. PCSI may terminate immediately upon Customer's failure to pay any invoice within fifteen (15) days of written notice of non-payment.
c. For Material Breach. PCSI may terminate for Customer's material breach (other than non-payment) if Customer fails to cure such breach within ten (10) business days of written notice.
d. Liquidated Damages. If Customer terminates this Agreement before the end of the then-current term for any reason other than PCSI's uncured material breach, Customer shall pay PCSI: (i) all amounts due through the termination date; plus (ii) 80% of the fees that would have been payable for the balance of the then-current term, as liquidated damages representing a reasonable estimate of PCSI's damages from the early termination.
e. Survival. Sections 8, 12, 13, 19, 20, and 21 shall survive termination or expiration of this Agreement.
16. FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic or public health emergency, war, civil unrest, government action or regulation, supply chain disruptions, labor disputes, or failure of third-party communication or utility networks. The affected party shall provide prompt written notice of the force majeure event and shall use commercially reasonable efforts to resume performance as soon as practicable.
17. LIEN RIGHTS
PCSI and any subcontractor engaged by PCSI who is not paid for work performed or materials furnished may assert a claim against Customer or the owner of the Premises in accordance with applicable California mechanics' lien laws. If Customer does not own the Premises, Customer represents that the property owner has authorized the installation and servicing of the System under the terms of this Agreement.
18. SUBCONTRACTING AND ASSIGNMENT
a. PCSI's Right. PCSI may subcontract any portion of the Services to qualified third parties and may assign this Agreement without Customer's prior consent. PCSI shall remain responsible for the performance of its subcontractors. Upon a valid assignment, PCSI shall be relieved of obligations assumed in writing by the assignee.
b. Customer's Restriction. Customer may not assign or transfer this Agreement or any rights hereunder without PCSI's prior written consent, which shall not be unreasonably withheld. Any unauthorized assignment shall be void.
19. NON-SOLICITATION
During the term of this Agreement and for two (2) years following its termination or expiration, Customer shall not directly solicit, recruit, or hire any PCSI employee who was assigned to perform Services under this Agreement. In the event of a breach, PCSI shall be entitled to seek injunctive relief and, as liquidated damages (the parties acknowledging that actual damages are difficult to calculate), an amount equal to six (6) months of the applicable employee's most recent monthly base compensation.
20. DISPUTE RESOLUTION AND GOVERNING LAW
a. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles.
b. Good Faith Negotiation. The parties agree to attempt to resolve any dispute through good-faith negotiation before initiating formal proceedings.
c. Binding Arbitration. Any dispute not resolved through negotiation shall be submitted to final and binding arbitration administered by Arbitration Services Inc. (www.ArbitrationServicesInc.com) under its Commercial Arbitration Rules, before a single arbitrator. No punitive damages may be awarded in arbitration.
d. Venue. All arbitration proceedings and any litigation between the parties shall be conducted in Orange County, California.
e. Attorneys' Fees. The prevailing party in any arbitration or litigation arising out of this Agreement shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party.
f. Statute of Limitations. Any action by Customer against PCSI must be commenced within one (1) year of the accrual of the cause of action or shall be barred.
g. Jury Waiver. To the fullest extent permitted by applicable law, each party waives its right to a trial by jury in any action arising out of or relating to this Agreement.
21. GENERAL PROVISIONS
a. Entire Agreement. This Agreement, together with the applicable Proposal and any attached Schedule of Equipment and Services, constitutes the complete and exclusive agreement between the parties and supersedes all prior and contemporaneous agreements, representations, and understandings.
b. Amendments. No modification of this Agreement shall be binding unless made in writing and signed by authorized representatives of both parties.
c. Severability. If any provision of this Agreement is held invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and all remaining provisions shall continue in full force and effect.
d. Waiver. Failure by either party to enforce any provision shall not constitute a waiver of that party's right to enforce such provision in the future.
e. Notices. All notices required under this Agreement shall be in writing and delivered by certified mail, overnight courier, or email (with confirmation of receipt) to the addresses identified in the Proposal.
f. Additional Taxes. Customer shall pay all applicable sales, use, excise, and property taxes, as well as any government-mandated fees, arising from the performance of Services or supply of Equipment under this Agreement.
g. Third-Party Vendor Portals. Customer agrees to reimburse PCSI for all reasonable fees incurred by PCSI in connection with third-party vendor portal registrations, insurance certificate requests, W-9 submissions, and similar compliance requirements imposed by Customer.
h. Credit Card Surcharge. A service fee of 2.95% shall be added to all payments made by credit or debit card.
i. Licenses. Pyro-Comm Systems, Inc. is licensed by the California Bureau of Security and Investigative Services (ACO #5998) and the California Contractors State License Board (CSLB #612153).
PROPOSITION 65 WARNING: Equipment and packaging may contain components with chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm.
These Terms and Conditions are available at www.pyrocomm.com/terms/monitoring-inspection. By approving any Proposal referencing these Terms, Customer confirms having had the opportunity to review them.
Pyro-Comm Systems, Inc. | 15215 Alton Parkway, Suite 100, Irvine, CA 92618 | (714) 902-8000 | www.pyrocomm.com