Use of www.securite.plus or other sites to which these terms are linked (each, a “website”), owned and maintained by Canada Web Business SEM Inc. d / b / a Sécurité Plus (“Securite.Plus”,” we “,” our, “” we “), are governed by these Terms. We provide the Website, including all information, tools and services available on the Website to you, the User, conditioned upon your acceptance of all of the terms and conditions set forth herein. By accessing, using, subscribing or placing an order on the Website, you and your business (including any sub-users you may have) agree to the terms and conditions set forth herein. If you do not agree to these terms in their entirety, you are not authorized to use the website in any way or in any form.
IMPORTANT TERMS AND CONDITIONS
1. ACKNOWLEDGEMENT
I ACKNOWLEDGE AND AGREE TO EACH OF THE FOLLOWING: (A) THIS CONTRACT CONSISTS OF SIX (6) PAGES. BY SIGNING THE FIRST PAGE OF THIS CONTRACT, I HAVE READ, UNDERSTAND AND AGREE TO EACH AND EVERY TERM OF THIS CONTRACT, INCLUDING BUT NOT LIMITED TO PARAGRAPHS 6, 10 AND 19 OF THE TERMS AND CONDITIONS. (B) THE INITIAL TERM OF THIS CONTRACT IS FOR THAT PERIOD INDICATED ON PAGE 1 (WHICH SHALL BE THREE (3) YEARS IF NONE IS INDICATED). (C) SECURITE.PLUS IS NOT A SECURITY CONSULTANT AND CANNOT ADDRESS ALL OF MY POTENTIAL SECURITY NEEDS. SECURITE.PLUS HAS EXPLAINED TO ME THE FULL RANGE OF EQUIPMENT AND SERVICES THAT SECURITE.PLUS CAN PROVIDE ME. ADDITIONAL EQUIPMENT AND SERVICES OVER THOSE IDENTIFIED IN THIS CONTRACT ARE AVAILABLE AND MAY BE PURCHASED FROM SECURITE.PLUS AT AN ADDITIONAL COST TO ME. I HAVE SELECTED AND PURCHASED ONLY THE EQUIPMENT AND SERVICES IDENTIFIED IN THIS CONTRACT. (D) NO ALARM SYSTEM CAN PROVIDE COMPLETE PROTECTION OR GUARANTEE PREVENTION OF LOSS OR INJURY. FIRES, FLOODS, BURGLARIES, ROBBERIES, MEDICAL PROBLEMS AND OTHER INCIDENTS ARE UNPREDICTABLE AND CANNOT ALWAYS BE DETECTED OR PREVENTED BY AN ALARM SYSTEM. HUMAN ERROR IS ALWAYS POSSIBLE, AND THE RESPONSE TIME OF POLICE, FIRE AND MEDICAL EMERGENCY PERSONNEL IS OUTSIDE THE CONTROL OF SECURITE.PLUS. SECURITE.PLUS MAY NOT RECEIVE ALARM SIGNALS IF COMMUNICATIONS OR POWER IS INTERRUPTED FOR ANY REASON. (E) SECURITE.PLUS RECOMMENDS THAT I MANUALLY TEST THE ALARM SYSTEM MONTHLY AND ANY TIME I CHANGE TELEPHONE SERVICE.
2. PAYMENTS; TERM; CONSUMER REPORT.
All charges are payable in advance. The Initial Term of this Contract is for that period indicated on page 1 (which
shall be Three (3) years if none is indicated). SECURITE.PLUS’s alarm monitoring and notification services will begin when the equipment is installed, operational and communicating with SECURITE.PLUS’s Customer Monitoring Centre (“CMC”). For Nova Scotia residents only, you will be provided with a written notice between thirty (30) and sixty (60) days before the expiration of the Initial Term. Services will continue to be provided by SECURITE.PLUS under the terms of this Contract on a month to month basis after the expiration of the Initial Term, until terminated by either party in writing with at least 30 days prior written notice. If terminated, this Contract ends on the last day of the current term. I authorize SECURITE.PLUS to obtain a non-investigative consumer report, commonly referred to as a credit check or credit report, about me from a consumer reporting agency at any time during the term.
3. EARLY TERMINATION OF THIS CONTRACT.
I AGREE THAT THE CHARGES DUE UNDER THIS CONTRACT ARE BASED ON MY AGREEMENT TO RECEIVE AND PAY FOR THE SERVICES FOR THE ENTIRE INITIAL TERM AND THAT SECURITE.PLUS HAS RELIED UPON MY AGREEMENT AND HAS INCURRED COSTS IN DECIDING TO ENTER INTO THIS CONTRACT. SUBJECT TO THE “BUYER’S RIGHT TO CANCEL” ON PAGE 3, IF I CANCEL SERVICE OR OTHERWISE TERMINATE THIS CONTRACT DURING ITS INITIAL TERM, OR IF SECURITE.PLUS CANCELS THIS CONTRACT DURING ITS INITIAL TERM FOR A REASON SET FORTH IN PARAGRAPH 20(B) BELOW, I WILL PAY SECURITE.PLUS SEVENTY-FIVE PERCENT (75%) OF THE TOTAL REMAINING MONTHLY CHARGES AS AN ALTERNATIVE TO ME HAVING TO PAY THE FULL REMAINING
CHARGES. THIS AMOUNT IS A CONTRACT TERMINATION CHARGE AND IS NOT A PENALTY. THE AMOUNT IS PAYABLE IMMEDIATELY IN FULL. NO CONTRACT TERMINATION CHARGES ARE DUE IF I TERMINATE, OR IF SECURITE.PLUS CANCELS, DURING THE 10 DAY PERIOD SET FORTH ON PAGE 3 OR THE THIRTY (30)-DAY RENEWAL PERIOD(S). FOR NOVA SCOTIA RESIDENTS ONLY, IF I CANCEL THIS CONTRACT AFTER THE FIRST 10 DAYS FROM THE START OF THE CONTRACT AND BEFORE THE END OF THE INITIAL TERM, OR IF SECURITE.PLUS CANCELS THIS CONTRACT DURING THAT SAME PERIOD FOR A REASON SET FORTH IN PARAGRAPH
20(B) BELOW, I WILL PAY SECURITE.PLUS AN AMOUNT EQUAL TO THE FAIR MARKET VALUE OF THE GOODS/EQUIPMENT PROVIDED UNDER THE CONTRACT (SEE SECTION 2), PRORATED BY THE TIME REMAINING UNTIL EXPIRATION OF THE INITIAL TERM.
4. INCREASES IN CHARGES.
SECURITE.PLUS has the right to increase the annual service charge at any time after the end of the Initial Term of the Contract. Such increase shall be at a rate of up to 5% per year, and can be prorated for any period longer than 12 months. If I object in writing to the increase within thirty (30) days of receiving notice of the increase, and if SECURITE.PLUS does not waive the increase, then I may terminate this Contract effective thirty (30) days after SECURITE.PLUS’s receipt of my written notice of termination.
5. ADDITIONAL CHARGES AND OFFSET RIGHTS.
I agree to pay all construction/alarm use permit fees; all directly or indirectly imposed false alarm fines,
fees or charges; all telephone or signal transmission company charges; and all other assessments, fees, taxes (example: an increase in GST) and charges related to the alarm system. I agree to pay a service charge if an SECURITE.PLUS representative responds to a service call or alarm at my premises because I improperly
followed operating instructions; failed to properly lock or close a window, door or other protected point; or improperly adjusted CCTV cameras, monitors or accessories at SECURITE.PLUS’s standard applicable rates that are available by calling 1 800-567-5675. If SECURITE.PLUS owes me money when this Contract ends, SECURITE.PLUS has the right to deduct from any refund owed me (A) service charges for thirty (30) days, if I fail to give the required written termination notice set forth in Paragraph 2 above; (B) any contract termination charges that I may owe as set forth in Paragraph 3 above; and (C) any other additional charges, amounts or deposits that I owe SECURITE.PLUS. If the amount of the deduction equals or exceeds the amount that SECURITE.PLUS owes me or if SECURITE.PLUS owes me a credit of five dollars ($5.00) or less, SECURITE.PLUS will not be obligated to refund any amounts to me.
6. LIMITATION OF LIABILITY.
(A) INSURANCE; WAIVER OF SUBROGATION. 1 AGREE THAT SECURITE.PLUS IS NOT AN INSURER AND THAT SECURITE.PLUS IS NOT PROVIDING ME WITH INSURANCE OF ANY TYPE. THE AMOUNTS I PAY SECURITE.PLUS ARE NOT INSURANCE PREMIUMS AND ARE NOT RELATED TO THE VALUE OF MY PROPERTY, ANYONE ELSE’S PROPERTY LOCATED IN MY PREMISES OR ANY RISK OF LOSS AT MY PREMISES. INSTEAD, THE AMOUNTS SECURITE.PLUS CHARGES ME ARE BASED SOLELY UPON THE VALUE OF THE EQUIPMENT AND SERVICES SECURITE.PLUS PROVIDES AND UPON THE LIMITED LIABILITY SECURITE.PLUS ASSUMES UNDER THIS CONTRACT. IF I WANT INSURANCE TO PROTECT AGAINST ANY RISK OF LOSS AT MY PREMISES, I WILL PURCHASE IT. IN THE EVENT OF ANY LOSS, DAMAGE OR INJURY, I WILL LOOK EXCLUSIVELY TO MY INSURER AND NOT TO SECURITE.PLUS TO COMPENSATE ME OR ANYONE ELSE. I RELEASE AND WAIVE FOR MYSELF AND MY INSURER ALL SUBROGATION AND OTHER RIGHTS TO RECOVER AGAINST SECURITE.PLUS ARISING AS A RESULT OF THE PAYMENT OF ANY CLAIM FOR LOSS, DAMAGE OR INJURY. (B) NO GUARANTEE; NO LIABILITY. SECURITE.PLUS’S EQUIPMENT AND SERVICES DO NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF THE EVENTS THEY ARE INTENDED TO DETECT OR AVERT, INCLUDING, BUT NOT LIMITED TO, FIRES, FLOODS, BURGLARIES, ROBBERIES AND MEDICAL PROBLEMS. OTHER THAN THE LIMITED WARRANTY AND/OR QUALITY SERVICE PLAN SET FORTH IN PARAGRAPHS 10 AND 11 BELOW, SECURITE.PLUS MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE EQUIPMENT AND SERVICES PROVIDED WILL DETECT OR AVERT SUCH INCIDENTS OR THEIR CONSEQUENCES. SECURITE.PLUS DOES NOT UNDERTAKE ANY RISK THAT I OR MY PROPERTY, OR THE PERSON OR PROPERTY OF OTHERS, MAY BE SUBJECT TO INJURY OR LOSS IF SUCH AN EVENT OCCURS. THE ALLOCATION OF SUCH RISK REMAINS WITH ME, NOT SECURITE.PLUS. I RELEASE, WAIVE, DISCHARGE AND PROMISE NOT TO SUE OR BRING ANY CLAIM OF ANY TYPE AGAINST SECURITE.PLUS FOR LOSS, DAMAGE OR INJURY RELATING IN ANY WAY TO THE EQUIPMENT OR SERVICES PROVIDED BY SECURITE.PLUS. (C) EXCLUSIVE REMEDY. IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE THE ACTUAL DAMAGES, IF ANY, THAT MAY RESULT FROM A FAILURE BY SECURITE.PLUS TO PERFORM ANY OF ITS OBLIGATIONS. UNDER NO CIRCUMSTANCES WILL I ATTEMPT TO HOLD SECURITE.PLUS LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY OR DAMAGES TO PROPERTY. IF, NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH 6, SECURITE.PLUS IS FOUND LIABLE FOR LOSS, DAMAGE OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SERVICES AND/OR EQUIPMENT PROVIDED BY SECURITE.PLUS, SECURITE.PLUS’S LIABILITY TO ME SHALL BE LIMITED TO A SUM EQUAL TO 10% OF THE ANNUAL SERVICE CHARGE OR $250, WHICHEVER IS GREATER. THIS AGREED UPON AMOUNT IS NOT A PENALTY. RATHER, IT IS MY SOLE REMEDY. UPON MY REQUEST, SECURITE.PLUS MAY AGREE TO ASSUME LIABILITY BEYOND WHAT IS PROVIDED FOR IN THIS PARAGRAPH 6 BY ATTACHING AN AMENDMENT TO THIS CONTRACT SETTING FORTH THE EXTENT OF SECURITE.PLUS’S LIABILITY AND THE ADDITIONAL CHARGES TO ME. (D) APPLICATION. THE PROVISIONS OF THIS PARAGRAPH 6 APPLY NO MATTER HOW THE LOSS, DAMAGE, INJURY OR OTHER CONSEQUENCE OCCURS, EVEN IF DUE TO THE PERFORMANCE OR ONPERFORMANCE BY SECURITE.PLUS OF ITS OBLIGATIONS UNDER THIS CONTRACT OR FROM NEGLIGENCE (ACTIVE OR OTHERWISE), STRICT LIABILITY, VIOLATION OF ANY APPLICABLE CONSUMER PROTECTION LAW OR ANY OTHER THEORY OF LIABILITY OR ALLEGED FAULT ON THE PART OF SECURITE.PLUS, ITS AGENTS OR ITS EMPLOYEES. (E) INDEMNITY. IF ANY OTHER PERSON, INCLUDING MY SUBROGATING INSURER, MAKES ANY CLAIM OR FILES ANY LAWSUIT AGAINST SECURITE.PLUS IN ANY WAY RELATED TO THE EQUIPMENT OR SERVICES PROVIDED BY
SECURITE.PLUS TO ME, I AGREE TO INDEMNIFY, DEFEND AND HOLD SECURITE.PLUS HARMLESS FROM ANY AND ALL SUCH CLAIMS AND LAWSUITS, INCLUDING THE PAYMENT OF ALL DAMAGES, EXPENSES, COSTS AND LEGAL FEES. MY DUTY TO DEFEND IS SEPARATE AND DISTINCT FROM MY DUTY TO INDEMNIFY AND HOLD HARMLESS AND ARISES UPON THE ASSERTION OF A CLAIM OR DEMAND AGAINST SECURITE.PLUS AND REGARDLESS WHETHER SECURITE.PLUS HAS BEEN FOUND LIABLE OR
WHETHER SECURITE.PLUS HAS INCURRED ANY EXPENSE. (F) TIME TO BRING CLAIM OR SUIT. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST SECURITE.PLUS MORE THAN ONE (1) YEAR AFTER THE DATE OF THE INCIDENT THAT RESULTED IN THE LOSS, INJURY OR DAMAGE, OR THE SHORTEST DURATION PERMITTED UNDER APPLICABLE LAW IF GREATER THAN ONE (1) YEAR. (G) BENEFIT TO OTHERS. THE PROVISIONS OF THIS PARAGRAPH 6 SHALL APPLY TO AND BENEFIT SECURITE.PLUS AND ITS AGENTS, EMPLOYEES, CONTRACTORS, SUBSIDIARIES, DEALERS, AFFILIATES, PARENTS (BOTH DIRECT AND INDIRECT), AFFINITY MARKETERS AND OTHER PARTNERS.
I further understand that SECURITE.PLUS shall in no way be liable for fosses, costs or damages that I suffer or incur due to the failure or refusal of a police, ambulance or fire department or of security guards or of any other body to take action in the event of an alarm that is conveyed to them by SECURITE.PLUS, including a suspension of emergency services following false alarms. ln the event of a suspension or cancellation of a response from the police, ambulance or fire department, the parties agree that this Contract shall remain in effect and that SECURITE.PLUS shall continue to provide its remote monitoring services and I undertake to continue paying all services charges to SECURITE.PLUS.
7. OTHER PARTY’S LIMITATION.
IF I PURCHASED EQUIPMENT OR SERVICES FROM SECURITE.PLUS THROUGH ANOTHER BUSINESS OR PERSON, OR FROM SECURITE.PLUS
THROUGH A REFERRAL FROM ANOTHER BUSINESS OR PERSON, I AGREE THAT SUCH OTHER BUSINESS OR PERSON ACTS SOLELY AS AN INDEPENDENT CONTRACTOR AND HAS NO RESPONSIBILITY OR LIABILITY TO ME FOR THE PERFORMANCE OR NONPERFORMANCE OF THE EQUIPMENT OR SERVICES PROVIDED BY SECURITE.PLUS. I ALSO AGREE THAT ANY SUCH BUSINESS OR PERSON IS ENTITLED TO THE SAME RIGHTS AS SECURITE.PLUS UNDER THIS CONTRACT, INCLUDING PARAGRAPH 6.
8. OWNERSHIP.
All equipment installed by SECURITE.PLUS pursuant to this Contract shall be owned by SECURITE.PLUS unless SECURITE.PLUS has agreed to give me ownership of the equipment in a separate written agreement. If there is existing, previously installed equipment and it is my property, it shall remain my property. If any equipment is owned by SECURITE.PLUS, SECURITE.PLUS has the right upon termination of this Contract to remove, disable or abandon all or any of the equipment owned by SECURITE.PLUS. If any equipment is disabled or removed by SECURITE.PLUS, I understand that I will not be able to use the equipment for any purpose. I will provide SECURITE.PLUS access to
SECURITE.PLUS-owned equipment for removal, and SECURITE.PLUS will have no obligation to repair or redecorate my premises after any such removal. I agree to pay any unpaid charges that I owe, even if SECURITE.PLUS removes SECURITE.PLUS-owned equipment. All SECURITE.PLUS yard signs and window stickers provided to me at any time will remain the property of SECURITE.PLUS and may be removed by SECURITE.PLUS. If applicable, SECURITE.PLUS will attempt to connect the existing, previously-installed alarm system to SECURITE.PLUS’s monitoring center.
Prior to connection, SECURITE.PLUS has the right to inspect my system and my premises to determine eligibility for Extended Limited Warranty/QSP coverage and may notify me of any required repair/replacement costs related to the existing alarm system, device(s) or connection. If I decline to pay such repair/replacement costs, SECURITE.PLUS is not obligated to connect to the existing alarm system and may terminate this Contract without liability to SECURITE.PLUS. If the existing alarm system is
connected to SECURITE.PLUS’s monitoring center, SECURITE.PLUS will have no liability for the maintenance, operation, non-operation, actuation, non-actuation or erroneous actuation of the existing alarm system, connection or device(s), and any repairs will be performed on a time and material basis by SECURITE.PLUS, subject to available parts, except for repairs/replacements covered by Extended Limited Warranty/QSP coverage if such coverage is provided under this Contract.
9. INSTALLATION.
ln order for SECURITE.PLUS to install and service the equipment listed on the second page of this Contract, I agree that: (A) I own the premises or have authority to authorize SECURITE.PLUS to install the alarm equipment at the premises and have requested the equipment/services specified in this Contract for my own benefit and not the benefit of any third party; (B) I will make the premises available without interruption during SECURITE.PLUS’s Normal Working Hours (as defined in Paragraph 10 below) and will maintain the premises in a safe and sanitary condition suitable for work to be performed by SECURITE.PLUS’s representatives
without jeopardizing their health or safety; (C) the installation will require drilling into various walls and other parts of the premises; (D) I will provide SECURITE.PLUS with 110 AC electrical outlets for power equipment in locations designated by SECURITE.PLUS; (E) I will make arrangements for lifting and replacing carpeting, if required, for SECURITE.PLUS’s installation of floor mats or wiring; (F) SECURITE.PLUS may not be able to conceal any or all equipment or wiring; (G) SECURITE.PLUS will not be liable for property damage, persona! injury, illness or other loss due to water intrusion, mold, fungi, wet or dry rot or bacteria that may result from the installation services; and (H) I will comply with all laws, codes and regulations pertaining to the equipment/services that are the subject of this Contract.
10. LIMITED WARRANTY.
During the first 90 days after installation, SECURITE.PLUS will repair or, at its option, replace any defective part of the alarm system, including wiring, and will make required mechanical adjustments, all at no charge to me. SECURITE.PLUS will use new or functionally operative parts for replacements. This limited warranty is for my benefit only and may not be enforced by any other person. This limited warranty gives me specific legal rights. The laws of the province where this Contract was signed may also give me additional rights. Service pursuant to this warranty will be furnished only during SECURITE.PLUS’s normal working hours, 8:00 AM to 4:30 PM, Monday through Friday, except holidays, or such other times as SECURITE.PLUS may determine in its sole discretion (“Normal Working Hours”).
11. EXTENDED LIMITED WARRANTY/QUALITY SERVICE PLAN (PSP).
If I purchase SECURITE.PLUS’s Extended Limited Warranty, which is called the Plus Service Plan or PSP, SECURITE.PLUS will repair or, at its option, replace any part of the alarm system installed by SECURITE.PLUS that requires repair or replacement due to ordinary wear and
tear or malfunction, excluding batteries. SECURITE.PLUS will use new or functionally operative parts for replacements. If I require services or parts excluded from the QSP (see Paragraph 12 below for exclusions}, then SECURITE.PLUS will provide the services or parts at its current labour rate plus applicable equipment charges. The PSP and the billing for it will commence on the date the alarm system is installed, operational and communicating with SECURITE.PLUS’s CMC and will continue for the term of this Contract. The PSP may be terminated (a) by either party after nine months from the date of expiration of the Limited Warranty upon not less than 30 days’ prior written notice to the other party, or (b) immediately and without further action upon the termination of the alarm monitoring services provided pursuant to this Contract. If I purchase the PSP after the initial system installation, the alarm system must be in good working condition at the time I purchase the PSP. To obtain service under this PSP, I can call or write my local SECURITE.PLUS Service Department at 1-844-646-6546. It is mutually agreed that the work of installation and repairs of the system under the PSP shall be performed during Normal Working Hours.
12. WARRANTY/QSP EXCLUSIONS.
SECURITE.PLUS performs warranty services only during Normal Working Hours. IF I REQUEST SECURITE.PLUS TO PERFORM WARRANTY SERVICES OUTSIDE NORMAL WORKING HOURS, I WILL PAY FOR THE SERVICES AT SECURITE.PLUS’S THEN-CURRENT RATES FOR LABOUR AND PARTS. THE LIMITED WARRANTY PROVIDED UNDER THIS CONTRACT AND, IF PURCHASED, THE PSP DO NOT APPLY IF SECURITE.PLUS DETERMINES UPON INSPECTION THAT ANY OF THE FOLLOWING CONDITIONS CAUSED THE NEED FOR SERVICE: (A) damage resulting from accidents, theft, Acts of God, natural disasters, labour disputes, war, terrorism, civil strife, electrical surge, alterations or misuse; (B) I fail to properly close or secure a door, window or other point protected by an alarm device; (C) I fail to properly follow the operating instructions; (D) trouble in a telephone line, use of non-traditional telephone line or service (including but not limited to DSL, ADSL, VolP, digital phone, Internet based phone, cellular, radio, etc.) or due to interruption of power; (E) repairs needed to window foil, security screens, exterior mounted devices (except for outdoor cameras installed by SECURITE.PLUS) or PROM (Programmable Read Only Memory); (F) ordinary maintenance or wear and tear (not excluded from PSP); (G) alterations to my premises; or (H) alterations or damage to the alarm system caused by me or by a cause beyond SECURITE.PLUS’s
control. SECURITE.PLUS will not perform warranty services on any device not installed by SECURITE.PLUS. Battery replacement is excluded from all warranties.
13. NO OTHER WARRANTIES.
OTHER THAN THE LIMITED WARRANTY PROVIDED UNDER THIS CONTRACT AND, IF PURCHASED, THE PSP, I AGREE THAT SECURITE.PLUS MAKES NO GUARANTEE OR WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES SECURITE.PLUS PERFORMS OR THE EQUIPMENT IT PROVIDES. ANY IMPLIED WARRANTIES REQUIRED BY STATUTE SHALL COINCIDE INDURATION WITH THE NINETY (90)-DAY LIMITED WARRANTY. MY EXCLUSIVE WARRANTY REMEDY IS SET FORTH IN PARAGRAPHS 10 AND 11 ABOVE. UNDER NO CIRCUMSTANCES SHALL SECURITE.PLUS BE LIABLE TO THE CUSTOMER OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY OR DAMAGES TO PROPERTY, AND HOWEVER OCCASIONED,
WHETHER ALLEGED AS RESULTING FROM BREACH OF WARRANTY BY SECURITE.PLUS, THE NEGLIGENCE OF SECURITE.PLUS, OR OTHERWISE. SOME PROVINCES MAY NOT ALLOW THE PARTIES TO A CONTRACT TO LIMIT THE LENGTH OF AN IMPLIED WARRANTY, OR EXCLUDE OR LIMIT INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSION MAY NOT APPLY TO ME. THE LAWS OF THE PROVINCE WHERE THIS CONTRACT WAS SIGNED WILL DETERMINE WHETHER THESE LIMITATIONS AND EXCLUSIONS APPLY.
No agent, employee or representative of SECURITE.PLUS nor any other person is authorized to modify the Limited Warranty or PSP set forth herein in any respect.
The warranties set forth herein give me specific legal rights and I may also have other rights that vary from province to province. I agree to furnish any electric current necessary for the operation of the system through my meter and at my own expense. lt is understood and agreed that SECURITE.PLUS’s obligation relates solely to the specific alarm system and that SECURITE.PLUS is no way obligated to maintain, repair, service, replace, operate or assure the operation of any devices of mine or of others not installed by SECURITE.PLUS.
After the termination or expiry of the Limited Warranty or the PSP period, as the case may be, SECURITE.PLUS will, if requested, provide me with repair and parts replacement for the equipment at SECURITE.PLUS’s then prevailing prices and terms (including the terms and conditions of the Contract).
14. ALARM MONITORING AND NOTIFICATION SERVICE; GUARD RESPONSE.
If I purchase service that includes response by police, fire department, guard, medical emergency notification or two-way voice monitoring services and such an alarm is received at SECURITE.PLUS’s CMC, SECURITE.PLUS may, at its sole discretion, attempt to contact me and/or anyone on my Emergency Contact List to confirm that the alarm is not false. If SECURITE.PLUS does not contact me and/or someone on my Emergency Contact List, or if SECURITE.PLUS questions the response it receives upon such contact, then (A) SECURITE.PLUS will attempt to notify the appropriate police department or fire department or, (B) if guard response service is provided and an alarm requires police response, SECURITE.PLUS will attempt to dispatch a representative to make an investigation of the exterior of the premises from his or her vehicle and, upon evidence of a crime, SECURITE.PLUS will attempt to notify the appropriate police department. If SECURITE.PLUS provides supervisory alarm or trouble alarm monitoring services (or if such services are actively programmed into the alarm system) and SECURITE.PLUS’s CMC receives an alarm, then SECURITE.PLUS may attempt to notify my premises and/or the representative I designate. SECURITE.PLUS may use an automated calling device to deliver such notification. If medical emergency notification services are provided, I agree that the very nature of such services, regardless of any delay, involves uncertainty, risk and possible serious injury, disability or death, for which I will not attempt to hold SECURITE.PLUS responsible or liable; that the equipment furnished for medical emergency notification services is not foolproof and may experience signal transmission failures or delays for any number of reasons; and that the actual time required for medical emergency providers to arrive at my premises and/or to transport any person requiring medical attention is unpredictable with many contributing factors, including telephone network operation, distance, weather, road and traffic conditions, alarm equipment function and human factors both within and outside of SECURITE.PLUS’s control. SECURITE.PLUS’s performance of, delay in performance of or failure to perform medical emergency notification services under the Contract are subject to and controlled by Paragraph 6 of this Contract. The person(s) identified on my Emergency Contact List are authorized to act on my behalf. 1 understand that the equipment SECURITE.PLUS provides may not operate with other companies’ alarm monitoring equipment and may prevent me from using such equipment in the event I terminate my services. I understand that local
laws, ordinances or policies may restrict SECURITE.PLUS’s ability to provide the alarm monitoring and notification services described in this Contract and/or necessitate modified or additional services with additional charges to me. I understand that SECURITE.PLUS employs a number of industry recognized measures to help reduce occurrences of False alarms. These measures include, but are not limited to, implementation of default settings on alarm panels and various procedures at
SECURITE.PLUS’s CMC to determine when and how to respond, if at all, to certain alarm events. I consent to SECURITE.PLUS’s use of these measures and agree that the alarm system has not been designed, programmed or installed pursuant to any law, code or rule that may be applicable to my particular premises. I understand that, upon receiving notification that an alarm signal has been received by SECURITE.PLUS, the police department, fire department or other responding authority may forcibly enter my premises. I understand that SECURITE.PLUS will never arrest or detain any person for any reason. I agree that the equipment installed by SECURITE.PLUS, including any outdoor camera, is not to be used to monitor activity in or near any swimming pool or other body of water and that I alone am responsible for supervising the well being of any person in or near any swimming pools or other bodies of water on the premises. The annual service charge for Guard Response entitles me to three (3) calls to my premises per year after which I will be charged for each subsequent call at SECURITE.PLUS’s then prevailing rates.
15. FAMILIARIZATION PERIOD.
UNLESS I HAVE REJECTED THE FAMILIARIZATION PERIOD BY INITIALING THE APPROPRIATE LINE ON THE FIRST PAGE OF THIS CONTRACT (EXCEPT WHERE FAMILIARIZATION IS REQUIRED BY LAW}, I AGREE THAT, DURING A FOURTEEN (14)-DAY FAMILIARIZATION PERIOD, OR LONGER PERIOD IF REQUIRED BY LAW, THAT FOLLOWS COMPLETION OF THE INSTALLATION AND THE COMMUNICATIONS CONNECTION TO SECURITE.PLUS’S CMC (AND DURING ANY APPLICABLE EXTENSIONS}, SECURITE.PLUS HAS NO OBLIGATION TO, AND WILL NOT, RESPOND TO ANY ALARM SIGNAL FROM MY PREMISES. I ALSO AGREE THAT DURING SUCH PERIOD SECURITE.PLUS HAS NO OBLIGATION TO, AND WILL NOT, NOTIFY ANY AUTHORITIES, ME OR MY DESIGNATED REPRESENTATIVE
OR TAKE ANY OTHER ACTION WITH REGARD TO ANY ALARM SIGNAL SECURITE.PLUS RECEIVES, EVEN IF DUE TO AN ACTUAL EMERGENCY.
16. FAILURE TO PAY CHARGES OR HONOUR CONTRACT.
If I fail to make any payment when due or to honour any other term or condition of this Contract, SECURITE.PLUS may stop providing the alarm monitoring and notification services and repossess or disable the equipment without notice. I will grant SECURITE.PLUS access to my premises and allow it to repossess or disable the equipment. SECURITE.PLUS has no liability if it stops providing the alarm monitoring and notification services and repossesses or disables the equipment. SECURITE.PLUS is not required to redecorate or repair my premises as a result of repossessing or disabling the equipment. In addition to these remedies, SECURITE.PLUS does not waive, and retains the right to exercise, any other legal remedy, including the right to charge me a late fee for each month that a payment is not received and/or interest on the unpaid amount and the right to report me to one or more consumer reporting agencies if I become delinquent on my account (more than 90 days without a payment).
17. SMOKE AND CARBON MONOXIDE DETECTORS.
IF THE ALARM SYSTEM INCLUDES SMOKE AND/OR CARBON MONOXIDE DETECTORS, I AGREE
THAT: (A) THE NUMBER AND PLACEMENT OF SUCH DETECTORS MAY NOT FULFILL THE REQUIREMENTS OR RECOMMENDATIONS IN CODES, LAWS OR STANDARDS THAT APPLY IN MY JURISDICTION, INCLUDING UNDERWRITER’S LABORATORY-CANADA AND/OR LOCAL PROVINCIAL FIRE CODES; (B) I HAVE
SOLE RESPONSIBILITY FOR COMPLYING WITH ANY AND ALL CODES, LAWS AND STANDARDS THAT MAY APPLY TO THE INSTALLATION, PLACEMENT AND MAINTENANCE OF THE ALARM SYSTEM; AND (C) ANY SMOKE AND/OR CARBON MONOXIDE DETECTORS DESCRIBED IN THIS CONTRACT ARE SUPPLEMENTAL
DEVICES ONLY AND ARE NOT INTENDED TO BE PART OF A PRIMARY FIRE ALARM OR CARBON MONOXIDE DETECTION SYSTEM. I understand that SECURITE.PLUS’s electrical smoke and carbon monoxide detectors, if installed in my premises, are designed to be connected to an electrical power source. THESE DETECTORS WILL NOT OPERATE, THE ALARM WILL NOT SOUND AND THE ALARM SIGNAL WILL NOT BE TRANSMITTED WHEN: THE ELECTRICITY IS CUT OFF; THE BACKUP BATTERY, IF INCLUDED AS PART OF THE SYSTEM, IS LOW OR DEAD; OR FIRE CUTS OFF THE ELECTRICITY BEFORE THE ALARM IS ACTIVATED, SOUNDS AND IS TRANSMITTED. Connecting these detectors to a separate dedicated electrical circuit may increase their reliability, but even dedicated circuits can fail. I
understand that these detectors all have limited useful lives, after which time they will not function. It is my sole responsibility to monitor and replace all detectors before or at the end of their useful lives.
18. BATTERY-POWERED DEVICES AND WIRELESS DEVICES.
I understand that all battery-powered motion detectors, smoke detectors, door and window contact transmitters and other detection sensors installed under this Contract are not connected to the electrical system of my premises and require
batteries to operate. THESE BATTERY-POWERED DETECTION SENSORS WILL NOT OPERATE, AND THE ALARM WILL NOT SOUND, IF THE BATTERIES ARE LOW OR DEAD. It is my sole responsibility to maintain and replace these batteries. SECURITE.PLUS recommends that I regularly inspect the sensors for dirt and dust buildup and test the sensors weekly to help maintain continued operation. SECURITE.PLUS also recommends that I carefully read and follow the owner’s manual, instructions and warnings for all equipment. I understand that wireless devices, including but not limited to wireless motion detectors, door and window contacts, smoke detectors and other wireless devices installed by SECURITE.PLUS will not communicate with the alarm system and THE ALARM SYSTEM WILL NOT FUNCTION IF WIRELESS COMMUNICATION FOR THE DEVICES 15 IMPAIRED. THESE WIRELESS DEVICES MAY OR MAY NOT USE ENCRYPTION AND/OR AUTHENTICATION TECHNOLOGY AND ARE VULNERABLE TO INTENTIONAL OR UNINTENTIONAL INTERRUPTION, INTERCEPTION, CORRUPTION AND TAMPERING. It is possible for persons with criminal intent to reduce the effectivness of my alarm system, including intercepting or hacking the wireless signals of my SECURITE.PLUS equipment.
19. ALARM SYSTEM COMMUNICATION.
I authorize SECURITE.PLUS to request service from a telephone, wireless or other communication carrier under this Contract (referred to as “Telephone Company”) to transmit signals between my alarm system and SECURITE.PLUS’s CMC. The Telephone Company’s liability is limited to the same extent as SECURITE.PLUS’s liability in Paragraph 6 of this Contract. SECURITE.PLUS will not receive alarm signals when the communication mode is not operating or has been cut, interfered with or is otherwise damaged, or if the alarm system is unable to acquire, transmit or maintain an alarm signal over my communication mode for any reason. If SECURITE.PLUS determines in its sole discretion that my communication mode is or later becomes non-compatible, or if I change to another communication mode that is not compatible, then SECURITE.PLUS requires that I use an alternate mode of communication acceptable to SECURITE.PLUS as the method to connect the alarm system to SECURITE.PLUS’s CMC. Transmission of fire alarm signals by means other than a traditional telephone line may not be in compliance with applicable fire alarm or other standards or codes, and it is solely my obligation to comply with such standards and codes. If the alarm system has a line-cut feature, it may not always be able to detect if my communication line is cut or interrupted. SECURITE.PLUS recommends that I test the alarm system monthly, even though a successful test of the alarm system does not guarantee that SECURITE.PLUS will receive alarm signals from the system in the future. If my service includes SECURITE.PLUS Interactive Solutions and/or automation features, SECURITE.PLUS may directly or through third party service providers, transmit, record, store, provide and receive unencrypted data, images, e-mails and text messages via the Internet in the course of providing those interactive services. I will not be able to utilize those automation functions or receive e-mail or text alerts if my Internet connection is impaired, disrupted
or unavailable for any reason. SECURITE.PLUS does not warrant or guarantee the integrity, accuracy, confidentiality or security of any such transmission or from any unauthorized or unexpected use, disclosure, corruption, interception or other improper act.
20. CANCELLATION.
A. SECURITE.PLUS may, at any time, cancel this Contract at its option if: (1) SECURITE.PLUS’s CMC is destroyed or damaged so that it is impractical for SECURITE.PLUS to continue service; (2) SECURITE.PLUS cannot acquire or retain the transmission connections or authorization to transmit signals between my premises and its CMC or the applicable fire or police department or other agency, or between SECURITE.PLUS’s CMC and the applicable fire or police department or other agency; (3) I fail to follow SECURITE.PLUS’s recommendations to repair or replace any defective parts of the system not covered under the Limited Warranty or, if purchased, PSP; (4) I fail to follow SECURITE.PLUS’s operating instructions for the alarm system; (5) SECURITE.PLUS determines that it is impractical to continue service due to the modification or alteration of my premises after installation; or (6) I fail to respond within thirty (30) days of receiving SECURITE.PLUS’s notice with instructions on how to verify that the system is functioning and properly transmitting alarm signals that can be received by the CMC. If SECURITE.PLUS cancels for any of the reasons stated immediately above, SECURITE.PLUS will refund any advance payments made for services to be supplied after the date of such termination, less any amounts still due for the installation of the equipment, for services already rendered and for any other charges due. Additionally, SECURITE.PLUS will not assess contract termination charges, if any, as described in Paragraph 3 above.
B. SECURITE.PLUS may cancel this Contract upon written notice to me if: (1) I fail to pay any monies when due under this Contract, (2) I change to a telephone/communications service not suitable for alarm signal transmission or (3) I fail to comply with any other term or condition of this Contract. Upon receipt of written notice from SECURITE.PLUS, I will have ten (10) days to correct the deficiency. If I do not correct the deficiency in a timely manner, and SECURITE.PLUS does cancel this Contract, SECURITE.PLUS may assess early contract termination charges, if any, as described in Paragraph 3 above. The foregoing right is in addition to and does not constitute a waiver of any other remedies available to SECURITE.PLUS, and I acknowledge that SECURITE.PLUS may avail itself of any legal remedy, including but not limited to the right to repossess the equipment with or without notice and without obligation to redecorate or repair the premises or any other liability; and the right to charge interest at an annual rate of twelve percent {12%) on any delinquent amount. This Paragraph shall not impair my Right to Cancel set forth on page 3 of this Contract. SECURITE.PLUS shall also be entitled to charge me $10.00 for dishonoured cheques or for any credit card payment or bank debit that cannot be processed for any reason.
21 . ASSIGNMENT.
I may not assign this Contract without prior written consent from SECURITE.PLUS. SECURITE.PLUS does have the right to assign this Contract or to subcontract any of its obligations under this Contract without my approval and without notice to me.
22. DELAYS.
SECURITE.PLUS HAS NO RESPONSIBILITY OR LIABILITY TO ME OR ANY OTHER PERSON FOR DELAYS IN THE INSTALLATION OR REPAIR OF THE SYSTEM, REGARDLESS OF THE REASON. SECURITE.PLUS HAS NO RESPONSIBILITY OR LIABILITY FOR INTERRUPTIONS OF SERVICE OR ANY RESULTING CONSEQUENCES, WHETHER
DUE TO STRIKE, RIOT, FLOOD, FIRE, TERRORISM, ACT OF GOD OR ANY OTHER CAUSE WITHIN OR BEYOND SECURITE.PLUS’S CONTROL. IF THERE ARE SERVICE INTERRUPTIONS, SECURITE.PLUS HAS NO OBLIGATION TO SUPPLY ME WITH SUBSTITUTE SERVICES. This Paragraph shall not impair my Right to Cancel set forth on page 3 of this Contract.
23. ELECTRONIC MEDIA; PERSONAL INFORMATION.
SECURITE.PLUS may scan, image or otherwise convert this Contract into an electronic format of any nature. A copy of this Contract produced from such electronic format is legally equivalent to the original for any and all purposes, including litigation. SECURITE.PLUS’s receipt by fax of the Contract signed by me legally binds me and such fax copy is legally equivalent to the original for any and all purposes, including litigation. The personal information about me and third parties that I provided to SECURITE.PLUS is true and complete. I will notify SECURITE.PLUS without delay of any change to this information. I consent to SECURITE.PLUS’s collection, use, disclosure and transfer of my personal information and that of third parties provided by me as set forth in SECURITE.PLUS’s privacy policy, which can be found at www.SECURITE.PLUS.ca/en/about-SECURITE.PLUS/legal/privacy-policy or by calling 1 800-567-5675, including the
use of service providers outside of Canada for the purpose of monitoring, setting up and administering my security services (including credit approval, invoicing and collecting) and providing information on new equipment or services. I have obtained the consent of the third parties, whose personal information I provided to SECURITE.PLUS, to use such personal information for the administration of my account with SECURITE.PLUS and as provided in this Contract. SECURITE.PLUS may collect, use, disclose and transfer my personal information, and that of third parties provided by me, to SECURITE.PLUS’s parents, affiliates, subsidiaries and successor corporations, any subcontractor or assignee of this Contract or any applicable authority having jurisdiction that requests such information to administer alarm monitoring services or alarm system license, permit or similar programs. Questions regarding SECURITE.PLUS’s management of personal information, including SECURITE.PLUS’s use of service providers in Canada or the United States, should be addressed to SECURITE.PLUS’s privacy office by calling 1 800-567-5675 or by emailing [email protected].
24. ENTIRE AGREEMENT.
THIS CONTRACT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. I AM NOT RELYING ON SECURITE.PLUS’S ADVICE OR ADVERTISEMENTS. SECURITE.PLUS IS NOT BOUND BY ANY REPRESENTATION, PROMISE, CONDITION, INDUCEMENT OR WARRANTY, EXPRESS OR IMPLIED, THAT IS NOT INCLUDED IN WRITING IN THIS CONTRACT. THE TERMS AND CONDITIONS OF THIS CONTRACT APPLY AS PRINTED WITHOUT ALTERATION OR
QUALIFICATION, UNLESS A CHANGE IS APPROVED IN WRITING BY AN SECURITE.PLUS AUTHORIZED REPRESENTATIVE. THE TERMS AND CONDITIONS OF THIS CONTRACT SHALL CONTROL AND GOVERN EVEN IF THERE ARE OTHER DOCUMENTS WITH INCONSISTENT OR ADDITIONAL TERMS AND CONDITIONS. IF A COURT DETERMINES THAT ANY PROVISION OF THIS CONTRACT IS INVALID OR UNENFORCEABLE, THAT PROVISION SHALL BE DEEMED AMENDED AND ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW. EACH AND EVERY OTHER PROVISION OF THIS CONTRACT SHALL CONTINUE TO BE VALID AND ENFORCEABLE.