These Terms of Service (the “Terms”) govern your access to and use of the Multifamily Top Security website at multifamilytopsecurity.tellprojectstx.com (the “Site”) and any security services we provide (the “Services”). By using the Site or engaging us for Services, you agree to these Terms. If you do not agree, do not use the Site or our Services.
1. Acceptance of Terms
By accessing the Site, submitting a quote request, signing a service agreement, calling our dispatch line, or otherwise engaging with Multifamily Top Security, you confirm that you (a) are at least 18 years of age, (b) have the legal authority to enter into a binding agreement on your own behalf or on behalf of the entity you represent, and (c) accept these Terms in full.
Service agreements for Services (the “Service Agreement”) are separate written contracts that supplement these Terms. Where a Service Agreement conflicts with these Terms, the Service Agreement controls for the engagement to which it applies.
2. Definitions
- “Company,” “we,” “us,” “our” means Multifamily Top Security, a division of Tell Projects, with offices at 5328 Prudence Dr, Houston, TX 77045.
- “Client” means the property owner, property management company, condominium association, or homeowners’ association that engages our Services under a signed Service Agreement.
- “Property” means the multifamily residential property (apartment community, condominium, townhome community, or mixed-use development) at which Services are performed.
- “You,” “your” means any visitor to the Site or person engaging with the Company.
- “Officer” means any licensed security officer or unarmed patrol officer employed or subcontracted by the Company.
3. Scope of Services
We provide the following categories of Services for multifamily properties only:
- Courtesy Patrol (armed or unarmed, 24/7 or shift-based)
- CCTV Monitoring and remote video oversight
- Access Control system installation, programming, and maintenance
- Concierge and Front-Desk Security
- Trespasser Removal under Texas Penal Code § 30.05
- Eviction Standby (peacekeeping during civil writs of possession)
- Crime Prevention Through Environmental Design (CPTED) Surveys
- Emergency Response and 24/7 Dispatch
Specific deliverables, hours, post orders, equipment, response standards, and reporting requirements are defined in each individual Service Agreement.
4. Multifamily Only
We do not provide security services for retail stores, office buildings, hospitals, schools, special events, concerts, executive protection, or any non-multifamily setting. Requests for non-multifamily security will be respectfully declined.
Our specialization is a feature, not a limitation. Every Officer, dispatcher, and surveyor is trained specifically for multifamily threat models, Texas landlord-tenant law, fair-housing rules, and resident-management dynamics.
5. Licensing & Authority
Multifamily Top Security operates under Texas Department of Public Safety Private Security Bureau regulations (Texas Occupations Code Chapter 1702). All armed Officers hold a current Level III or Level IV commission as required by law. All unarmed Officers hold a Level II non-commissioned certification.
Officers exercise the rights of a private person under Texas law. Officers do not have law-enforcement powers. Where a criminal incident is in progress, Officers are trained to observe, report, contain (where safe), and coordinate with municipal or county law enforcement.
6. Engagement & Contract Formation
An engagement begins when (a) the Client signs a Service Agreement, (b) the Company countersigns, and (c) the Client provides the initial deposit or first invoice payment as specified in the Service Agreement. Quote requests, walkthroughs, telephone calls, and emails are pre-contractual communications and do not by themselves create a binding engagement.
Service Agreements are typically issued for an initial term of 30 or 90 days, renewable on a month-to-month basis or for a fixed annual term. Renewal, cancellation, and notice periods are governed by the Service Agreement.
7. Fees & Payment
7.1 Fee Structure
Fees are quoted in the Service Agreement and may be structured as: (a) hourly officer rate, (b) flat monthly contract fee, (c) per-incident fee, (d) one-time CPTED survey or installation fee, or (e) a combination. All quoted rates are in United States Dollars and exclusive of applicable sales tax unless stated otherwise.
7.2 Invoicing & Payment Terms
Standard payment terms are Net 15 from invoice date unless otherwise specified in the Service Agreement. Invoices are issued monthly in arrears (for hourly or recurring contracts) or upon completion (for one-time engagements).
7.3 Late Payment
Invoices not paid within the agreed terms accrue interest at the lesser of 1.5% per month or the maximum rate permitted by Texas law. Accounts more than 30 days past due may be suspended after 7 days’ written notice. Reasonable collection costs and attorney fees may be added to balances referred for collection.
7.4 Disputes on Invoices
Any invoice dispute must be raised in writing within 10 business days of receipt. Undisputed portions remain due. Good-faith disputes will not trigger late fees while in active resolution.
8. Client Obligations
The Client agrees to:
- Provide accurate property maps, post-order locations, gate codes, key/fob systems, parking diagrams, and resident contact protocols.
- Designate a single primary point of contact authorized to update post orders and approve dispatched responses.
- Maintain functional lighting, locks, doors, gates, intercoms, and CCTV equipment at the Property (or contract us separately to assess and repair).
- Comply with fair housing, ADA, and tenant-rights obligations — including providing the Company with written, lawful trespass authorization under Texas Penal Code § 30.05.
- Cooperate with Officers and with police on any incident investigation.
- Reimburse pre-approved out-of-pocket expenses incurred at the Client’s request.
9. No Guarantee of Crime Prevention
We do not guarantee, warrant, or insure against crime. Security services reduce the likelihood, frequency, and severity of incidents — they do not eliminate them. Our duty is to provide reasonable patrol, monitoring, and response in accordance with professional standards. We are not insurers of the Property or its residents.
To the maximum extent permitted by law, we disclaim all express and implied warranties relating to incident prevention, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Officers are trained, licensed, and held to industry standards, but no security program can prevent every incident.
10. Limitation of Liability
To the maximum extent permitted by Texas law:
- The Company’s total aggregate liability arising from or relating to the Services in any 12-month period shall not exceed the total fees actually paid by the Client to the Company in the 12 months immediately preceding the event giving rise to the claim.
- The Company is not liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost rental income, lost property value, or loss of business reputation, even if advised of the possibility.
- The Company is not liable for the acts of third parties, including criminal acts of trespassers, residents, guests, vendors, or contractors.
- The Company is not liable for damages caused by a failure or malfunction of Client-supplied CCTV, access-control, lighting, lock, or intercom equipment.
Nothing in this section limits liability for (a) intentional misconduct or gross negligence, (b) bodily injury directly caused by an Officer’s negligent act within the course of employment, or (c) liability that may not be excluded under applicable Texas law.
11. Indemnification
The Client agrees to defend, indemnify, and hold harmless the Company, its directors, officers, employees, and subcontractors from and against any claims, damages, losses, or expenses (including reasonable attorney fees) arising from: (a) the Client’s breach of these Terms or any Service Agreement; (b) the Client’s violation of fair housing, ADA, landlord-tenant, or other law applicable to the Property; (c) the Client’s acts or omissions in maintaining the Property; or (d) any claim by a resident or third party that the Client failed to disclose, warn of, or address a known dangerous condition at the Property.
The Company will defend and indemnify the Client against third-party claims arising from the negligent acts or omissions of Officers acting within the course of their employment, subject to the limits in Section 10.
12. Termination
Either party may terminate a Service Agreement under the following circumstances:
- For convenience — with the written notice period specified in the Service Agreement (typically 30 days).
- For material breach — with 10 days’ written notice describing the breach if the breach is not cured.
- For non-payment — the Company may suspend or terminate for invoices more than 30 days past due after 7 days’ written notice.
- For safety — the Company may immediately suspend service if a Property condition presents an unreasonable risk to Officer safety, until the Client cures the condition.
Upon termination, the Client remains liable for fees through the effective termination date. The Company will return Client property (keys, fobs, access cards, post-order binders) within 10 business days.
13. Force Majeure
Neither party is liable for delays or failures to perform caused by events beyond reasonable control, including acts of God, natural disasters, severe weather (hurricane, flood, tornado), pandemic or public-health emergency, civil unrest, declared war or terrorist attack, government order, fiber-cut or large-scale utility failure, or labor disputes not specific to the affected party. The affected party will use commercially reasonable efforts to resume performance promptly.
14. Website Use
You agree not to:
- Use the Site for any unlawful purpose or in violation of these Terms.
- Probe, scan, or test the vulnerability of any system on the Site without prior written authorization.
- Submit fraudulent quote requests, applications, or contact-form submissions.
- Use bots, scrapers, or automated tools to extract content from the Site beyond what is allowed by our robots.txt file.
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
- Upload viruses or malicious code, or interfere with the proper functioning of the Site.
We reserve the right to block IP addresses, throttle requests, and refuse service to users who violate these Terms or who appear to be operating in bad faith.
15. Intellectual Property
All content on the Site — including text, images, graphics, logos, layout, source code, and the “Multifamily Top Security” name and shield mark — is the property of Tell Projects or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.
You may view and print pages for personal, non-commercial use. You may not republish, redistribute, frame, scrape, or commercially reuse any content without prior written permission. The shield mark and word mark are not licensed for use by competitors, resellers, or referral parties without an executed brand-use agreement.
16. Privacy
Your use of the Site and our Services is subject to our Privacy Policy, which is incorporated by reference into these Terms.
17. Dispute Resolution
17.1 Informal Negotiation
Before initiating any formal proceeding, the parties agree to attempt to resolve any dispute by good-faith negotiation between designated representatives for at least 30 days following written notice of the dispute.
17.2 Mediation
If negotiation fails, the parties agree to attempt mediation through a mutually selected mediator in Harris County, Texas, before initiating litigation. Each party bears its own mediation costs; the mediator’s fee is shared equally.
17.3 Venue & Jurisdiction
If litigation is necessary, the parties consent to the exclusive jurisdiction of the state and federal courts located in Harris County, Texas. Each party waives any objection to personal jurisdiction or venue in those courts.
17.4 Waiver of Jury Trial
To the maximum extent permitted by law, each party knowingly and voluntarily waives any right to a jury trial in any action arising out of or relating to these Terms or any Service Agreement.
17.5 No Class Actions
Each party agrees that any dispute will be brought in an individual capacity only and not as a plaintiff or class member in any purported class, collective, or representative proceeding.
18. Governing Law
These Terms are governed by the laws of the State of Texas without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
19. Severability & Entire Agreement
If any provision of these Terms is held unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. The failure of either party to enforce any provision is not a waiver of the right to enforce it later.
These Terms, together with any signed Service Agreement and our Privacy Policy, constitute the entire agreement between you and the Company regarding the subject matter and supersede any prior oral or written communications.
20. Changes to These Terms
We may update these Terms from time to time. The “Last updated” date reflects the most recent revision. Material changes affecting current Clients will be communicated by email at least 30 days before they take effect. Continued use of the Site or Services after a change takes effect constitutes acceptance of the updated Terms.
21. Contact
Questions about these Terms? Contact us:
Multifamily Top Security — Legal
5328 Prudence Dr
Houston, TX 77045
United States
Email: info@tellprojectstx.com (subject: “Terms Inquiry”)
Phone: (832) 591-7991