This agreement is entered into by and between NORMIPro™ Management, LLC 22174 Prats Road, Abita Springs, LA (hereinafter “NORMIPRro™”), and the registrant on this site (hereinafter “Subscriber”).
Whereas, NORMIPro™ has established and will support an IAQ monitoring system (hereinafter “Monitoring System”) and will provide IAQ monitoring services (hereinafter “Monitoring Services”) to Subscriber, which will include the provision and installation of IAQ monitoring equipment to be installed at the Subscriber’s premises (said equipment is hereinafter collectively referred to as the “NORMIPro™ iQi Monitoring Equipment”); and Whereas, Subscriber desires to acquire Monitoring Services from NORMIPro™;
Now, therefore, in consideration of the promises, covenants and provisions, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree to the following:
- The above stated recitals are material and are restated and incorporated herein as if stated in full.
- Monitoring Services. The Subscriber is the tenant or owner as indicated below of the real property wherein the NORMIPro™ iQi Monitoring Equipment is installed. Subscriber agrees to procure Monitoring Services during the term of this Agreement from NORMIPro™, for indoor air quality elements. The Monitoring Services shall include use and maintenance of the NORMIPro™ iQi Monitoring Equipment located at the Subscriber’s premises, and remote monitoring of the equipment. Ownership of, and title to, the NORMIPro™ iQi Monitoring Equipment remains with the Subscriber. Subscriber shall be responsible for all parts and labor required to repair or replace the NORMIPro™ iQi Monitoring Equipment, which has become defective through normal wear and usage. Any repairs or replacements rendered necessary by alteration or repair to Subscriber’s premises, fire, water, vandalism, acts of God or extraneous causes, which necessitates replacing damaged components or rewiring any part of the monitoring system, said costs shall be paid by Subscriber.
- Monitoring Fee. Subscriber hereby agrees to pay to NORMIPro™ a Monitoring Fee, currently established at $20.00 per month per monitor, payable monthly in advance. The Monitoring Fee includes the charges and costs necessary to support NORMIPro™’s IAQ monitoring system. In addition, together with the first monthly payment as set forth above, Subscriber shall pay the pro rata share of the charges for the period in which service commenced.
- Term. This Agreement shall commence on the date of completion of installation of the NORMIPro™ iQi Monitoring Equipment and shall remain in effect unless either party notifies the other party in writing by certified mail that it will terminate the agreement at the end of current, or next, month. Such notice of termination must be delivered not less than thirty (30) days prior to the end of the month upon which termination will take place.
- NORMIPro™ Disclaimer. NORMIPro™ does not represent or warrant that the Monitoring System or the Monitoring Services will: (i) prevent any loss of, or damage to, real or personal property, or personal injuries or death; (ii) avert or prevent occurrences or the consequences thereof from which the Monitoring System or Monitoring Services are designed to detect or avert. Subscriber agrees that: (i) NORMIPro™ is not an insurer; and (ii) Subscriber assumes all risk of loss of, or damage to, its real or personal property or for personal injuries or death.
- Indemnification. In the event any person, not a party to this Agreement, shall make any claim or file any lawsuit against NORMIPro™, for any reason relating to NORMIPro™’s duties and obligations pursuant to this Agreement, including, but not limited to the design, installation, maintenance, monitoring, operation or non-operation of the monitoring system, Subscriber agrees to indemnify, defend and hold NORMIPro™ harmless from any and all claims and lawsuits, including the payment of all damages, expenses, costs and attorney’s fees, whether these claims are based on alleged intentional conduct, active or passive, negligence, express or implied contract or warranty, contribution or indemnification or strict or product liability on the part of NORMIPro™, its agents, servants, assigns or employees. Subscriber hereby agrees to indemnify, defend and hold harmless NORMIPro™ Management, LLC, its officers, employees, agents or representatives from and against any and all claims, demands, damages, liabilities, or causes of actions, including, but not limited to, reasonable attorney’s fees and court costs, incurred by NORMIPro™ resulting from or arising out of any action, conduct or omission of Subscriber, its employees, agents, servants, contractors or representatives in relation to the Monitoring System.
- Subscriber’s Monitoring System. Subscriber acknowledges that the provision of the Monitoring Services requires the Subscriber’s monitoring system and connected internet WIFI service, or both, to be fully operational, which is the sole and exclusive responsibility of the Subscriber. The monitoring system, or both, must be kept in working condition by Subscriber. NORMIPro™ is not responsible for the working condition, or failure of Subscriber’s internet service or WIFI system(s). NORMIPro™ will maintain in working order, it is Remote Monitoring Station Facility and the software supporting the NORMIPro™ iQi Monitoring Equipment located at Subscriber’s premises.
- Increase in Monitoring Fee. NORMIPro™ shall have the right to increase the Monitoring Fee to reflect increases in costs necessary to support the Monitoring System. Although NORMIPro™ will evaluate the costs on an annual basis, NORMIPro™ agrees to notify Subscriber at least 90 days in advance of any fee increases.
- Delinquency; Reconnect. In the event any payment due NORMIPro™ is more than thirty (30) days delinquent, NORMIPro™ may impose and collect a delinquency charge of 1.5% per month (18% per annum), or the highest amount allowed under the law, whichever is less, of the amount of the delinquency. If the monitoring system is deactivated because of Subscriber’s past due balance, and if Subscriber desires NORMIPro™ Management, LLC to have the system reactivated, Subscriber agrees to pay in advance to NORMIPro™ a reconnect charge to be fixed by NORMIPro™ in a reasonable amount.
- Termination; Removal. NORMIPro™ may, at its option, terminate the provision of Monitoring Services for non-payment of Monitoring Fees or any sums due and payable under this Agreement. The termination of the Monitoring Services shall not be held to constitute a waiver of rights of NORMIPro™ to collect Monitoring Fees or any sums or other charges due and payable. NORMIPro™ shall be entitled to collect all expenses incurred in enforcing any of the terms of this Agreement or collecting the Monitoring Fee or other sums or charges due, including, but not limited to, attorneys’ fees, court costs and other expenses.
- Assignment. NORMIPro™ shall have the right to assign this Agreement to any other person, firm, or corporation without notice to Subscriber and shall have the further right to subcontract any services, which it may perform. Subscriber shall not assign this Agreement to any third party without the written consent of NORMIPro™.
- Invalid Provisions. In the event any terms or provisions of this Agreement shall be declared to be invalid or inoperative, all the remaining terms and provisions shall remain in full force and effect.
- Complete Document; Modifications. This Agreement is intended by the parties as a final expression of their agreement and as a complete and exclusive statement of the terms thereof. This Agreement supersedes all prior representations, understandings, or agreements of the parties. This Agreement can only be modified by a written document signed by the parties. No waiver of a breach of any term or condition of this Agreement shall be construed to be a waiver of any succeeding breach.
- Notice. All notices to be given hereunder shall be in writing and must be served, by first class mail at the address shown herein or hand delivered.
- Not Test. This agreement does not provide for inspection and test services of the Subscriber monitoring equipment and internet service, or both.
- Subscriber’s Monitoring System. In the event Subscriber’s monitoring equipment and internet service, or both, malfunctions or remains out of service for a period greater than 24 hours, it could interfere with the proper operation of the NORMIPro™ Monitoring System.
- Subscriber Prerequisites. Before NORMIPro™ approves a wireless connection, the Subscriber shall ensure that adequate connection requirements are in place. If that is not possible, Subscriber will request the document specifying connection requirements. In the event NORMIPro™ is unable to perform the installation as requested, due to circumstances beyond its control, and a return trip visit is necessary, an additional return trip charge will be invoiced to the Subscriber.
- Governing Law. This Agreement shall be governed by the laws of the State of Louisiana. Venue for any action arising out of the terms or conditions of this Agreement shall be proper only in the Circuit Court of St. Tammany Parish, Louisiana.
- Processing Notice. I understand that the financial processing will be done by Louisiana Environmental Services (dba Best Living Systems, LLC), and that this is what will appear on my credit card statement. The direct telephone number for billing questions is 800.728.7206.
In witness whereof, the parties have affixed their signatures below indicating intent to be bound by the terms and provisions of this Agreement.