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Terms & Conditions

Terms and Conditions

Installation: SafeTech Alarm Systems a division of Safetech Inc. (hereinafter “SafeTech”) agrees to install the equipment listed on the reverse side of this agreement in accordance with the following conditions: (a) Customer will make premises available without interruption or hindrance during SafeTech’ normal working hours (i.e., 9 a.m. to 6 p.m. Eastern Time, Monday thru Friday, except holidays); (b) Customer understands and agrees that installation may require drilling into various parts of Customer’s premises. SafeTech will try to conceal piping or wiring in the finished areas of the Customer’s premises, but it is not responsible for any loss or damage caused to the Customer’s premises as a result. However, where it would be impracticable to conceal piping or wiring, due to construction, decoration or furnishing, then they may be left exposed; (c) Customer agrees to keep the installation area free of furnishings and to provide for lifting and replacing of carpeting, if required for the installation of wiring or piping; (d) Customer agrees to provide unswitched and unburdened 110 Volt, 60 cycle, AC power electrical outlet at designated locations for SafeTech equipment. Customer agrees that SafeTech assumes no liability to delays in installation of equipment, or for interruption of service, irrespective of the cause and that SafeTech will not be required to supply service to the Customer while interruption of service due to any such cause shall continue.

Title: Title to the entire alarm system (including all installed equipment, software, hardware, wiring, piping, telephone connections, etc.) remains with SafeTech for the full term of this agreement or any extension or renewal thereof and the entire alarm system remains the property of SafeTech at all times and must be returned to it after this agreement, or any extension or renewal thereof, expires. The alarm system covered by this agreement is leased (not purchased) by the Customer from SafeTech. The Customer further agrees that the alarm system including all equipment, piping, wiring, etc. shall remain personal property and never become real property, even if it is affixed to real property. 

Acts of Default: Customer’s failure to pay SafeTech any amounts owing under the agreement when due constitutes a default under this agreement. Other acts of default include Customer insolvency, bankruptcy, receivership, or breach of this agreement by Customer. Default by Customer gives SafeTech the right to repossess the alarm system, at Customer expense, including equipment, wiring, piping, etc., with or without notice to the Customer, and to avail itself of any and all other legal remedies provided by Ontario law. Customer agrees that, in the event of its default, it will pay, in addition to any charges for services rendered prior to termination, ninety percent (90%) of the balance of monies due for the unexpired term of the agreement, plus any accrued interest, as liquidated damages (but not as a penalty).
Customer agrees that SafeTech has the right to charge interest on overdue accounts at the rate of 1.5% per month (18% per year). In the event of a payment being rejected for non-sufficient funds (e.g., NSF cheque), Customer agrees to a service charge of $20.00 being added to the Customer’s next invoice, or direct debit from customer’s account, or to the outstanding balance if no further payment is made. Customer agrees to pay all costs, expenses and fees of SafeTech’ enforcement of this agreement, including collection expenses, court costs, legal disbursements, and legal fees (on a solicitor-client basis).

SafeTech Warranty: Any part of the installed equipment or system including wiring and piping which is found defective in material or workmanship within (ninety) 90 days from date of installation will be repaired or replaced, at the sole discretion of SafeTech, with a new or functionally operative part. Labour and material required to repair or replace the aforementioned defect(s) will be free of charge for a period of (ninety) 90 days from date of installation. However, if the Customer has purchased an extended warranty from SafeTech then the aforementioned warranty period is for the duration of this agreement. This warranty does not apply where the defect(s) is (are) caused by: (a) damage resulting from accidents, riots, floods, fire, strikes, acts of nature, alterations, misuse, abuse or tampering with equipment or programming; (b) failure of Customer to properly follow operating instructions provided by SafeTech and the manufacturer at the time of installation or afterwards; (c) failure of Customer to regularly test and maintain the system; (d) physical alteration made by the Customer to its premises effecting the equipment, wiring, or piping; (e) electrical power interruption (either complete loss-‘blackout’ or partial loss-‘brownout’), voltage fluctuations (power ‘surges’), or (f) breakage or damage occurring to the Customer’s existing structures, fixtures or chattels during the installation due to design weakness, substandard quality material, or improper installation of existing structure, fixture, or chattel, which is not known to SafeTech at the time of execution of this agreement. Batteries are not warranted. For repair and replacement work not covered by warranty, SafeTech will provide the Customer with repairs and parts replacement of the equipment at SafeTech’ then prevailing prices and terms. The same applies to repair and replacement work after the expiry of the warranty period. Any repair and replacement service (whether covered by warranty or not), and any maintenance or other service, MUST FIRST BE SCHEDULED with and by SafeTech during its normal working hours (as defined above) AND WILL BE PERFORMED AT THE CUSTOMER’S PREMISES DURING SafeTech’ normal working hours.

Customer’s Warranties: The Customer warrants to SafeTech that the Customer: (1) has requested the equipment/services specified in this agreement for his/her/their own use and not for the benefit of a third party; (2) owns the premises in which the equipment is being installed or that the Customer has all necessary and proper (legal) authority and consents [of the owner or landlord or property manager] to engage SafeTech to carry out the installation of the alarm system on and in the premises; and, (3) will comply with all laws, regulations, and codes pertaining to the installation and use of the equipment/services including any condominium or townhouse by-laws and rules (as the case maybe).

Limitation of Liability: The Customer agrees that SafeTech is not an insurer and that the amounts payable to SafeTech hereunder are based upon the value of the services and the scope of liability as herein set forth and are unrelated to the value of the Customer’s property or the property of others located in, on, or near, the Customer’s premises. SafeTech makes no guaranty or warranty, including any implied warranty of merchantability or fitness, that the alarm system or monitoring service supplied, will avert or prevent occurrences or the consequences therefrom, which the alarm system or monitoring service is designed to detect. The alarm system is not a fool-proof or fail-safe system. It is an early-detection system, not a protection system. The Customer agrees that SafeTech assumes no liability or risk for death, personal injury, property loss or damage that may result from (a) the failure, or partial failure, of the installed equipment or any other part of the alarm system to operate or (b) the failure of the monitoring service to receive alarm signals or respond to same for any reason whatsoever. The Customer understands that its alarm system utilizes a ‘digital dialer’ working off of an existing phone line to transmit its signals through to the monitoring station. Therefore, alarm signals will not be transmitted if the Customer’s telephone line is cut or damaged or if the telephone system is not working. The Customer acknowledges having been informed about additional protection in the form of a dedicated phone line service (i.e., DVAC’s line), cellular phone back-up systems, long range radio devices, and cellemetry data service. But, (unless indicated otherwise on the front of this agreement), has declined all of the above.  Notwithstanding the above, SafeTech is not responsible for line faults or failure to detect an alarm signal or signals because of trouble with telephone lines, wireless communications equipment or services, including but not limited to, DSL ADSL, VOIP, cellular, radio, etc.  Customer understands that SOME TYPES OF DSL, ADSL, VOIP SERVICE, ETC. may interfere with transmission of alarm signals.

Sale/sublease of premises/relocation of alarm system: Should the Customer desire to move to a new premises, it shall have the option of (A) moving its alarm system (and the monitoring thereof) to its new premises, or (B) assigning this agreement to the purchaser (new owner)/sub-lessee of its existing premises at a cost of $100.00 and with the consent of SafeTech and the purchaser. Upon such assignment the purchaser will assume the Customer’s rights and obligations under this agreement. If the Customer chooses option “A”, SafeTech will charge the Customer a reasonable amount (i.e., minimum $250.00) for moving the system and re-installing it at the new premises. If the Customer chooses option “B”, SafeTech may, at its sole discretion, install a basic alarm system at no installation cost in the Customer’s
new premises provided that the Customer enters into a new agreement for monitoring of the new alarm system at its new premises. The Customer agrees to insert a clause into its agreement of purchase and sale, or sublease (as the case may be) informing the purchaser/ sublessee that the alarm system is not the vendor’s/sublessor’s property, but the property of SafeTech.

Liability Limits: The Customer agrees that it is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from failure (whether full or partial) on the part of SafeTech or the monitoring station to perform any of its obligations hereunder. The Customer does not desire this agreement to provide for full liability of SafeTech and agrees that SafeTech and the monitoring station shall be exempt from liability for loss, damage or injury due directly or indirectly to occurrences, or consequences therefrom, which the service or system is designed to detect or avert. The Customer agrees that if SafeTech should be found liable by a court of law or tribunal for loss, damage or injury due to a failure of service or system or equipment in any respect, SafeTech’ liability shall be limited to $500.00 as the agreed upon liquidated damages and not as a penalty, as the exclusive remedy. The provisions of this paragraph shall apply if the loss, damage or injury, irrespective of cause or origin, results directly or indirectly to person or property from performance or nonperformance of obligations imposed by this agreement or from negligence, active, gross or otherwise, of SafeTech, its officers, directors, employees, agents, contractors, sub-contractors, or those for whom, at law, SafeTech is responsible. The Customer agrees that SafeTech is not responsible for any consequential or incidental damages resulting from the failure of the alarm system to operate properly.

Smoke and Fire Detectors – An A.C. (electric) powered smoke detector, if installed under this Agreement, is designed to be connected to the electrical system of Customer’s home, and it requires electric power to operate. THIS SMOKE DETECTOR WILL NOT OPERATE AND THE ALARM WILL NOT SOUND IF, FOR ANY REASON, THE POWER SOURCE IS CUT OFF AND THE BACKUP BATTERY, IF INCLUDED AS PART OF THE SYSTEM, IS LOW OR DEAD. In the case of an electrical fire, for example, the power source may be cut off before the alarm can function, and the alarm will not sound. If this smoke detector is connected to a separate dedicated circuit, it should work more reliably than devices connected to circuits serving other appliances, but even in dedicated circuits it can fail. Customer is therefore advised to install a battery powered smoke detector as a backup system. Customer should regularly and thoroughly inspect all smoke detectors for dirt/dust build up and test them (at least once per month) to help maintain continued operability.  The Fire Detection included in the system is simply for peace-of-mind of the Customer, and does not constitute a certified Fire Alarm system that meets or exceeds ULC and/or Local Provincial Fire Code. MOREOVER, NO MATTER HOW RELIABLE ANY DETECTION DEVICE IS, NOTHING WORKS PERFECTLY UNDER EVERY CIRCUMSTANCE AND SafeTech WARNS CUSTOMER THAT CUSTOMER CANNOT EXPECT A SMOKE DETECTOR TO ENSURE THAT CUSTOMER WILL NEVER SUFFER ANY DAMAGE OR INJURY. SafeTech’S battery powered motion detectors, smoke detectors, door and window contact transmitters and other detection sensors, if installed under this Agreement, are not connected to the electrical system of the Customer’s home and require batteries to operate. THESE BATTERY POWERED DETECTION SENSORS WILL NOT OPERATE AND THE ALARM WILL NOT SOUND, IF FOR ANY REASON, THE BATTERY IS LOW OR DEAD. The Customer should regularly and thoroughly inspect the battery powered smoke detectors for dirt/dust build-up and test them at least once per month to help maintain continued operability.

Limitation on Actions: No lawsuit, claim, application, or action shall be brought against SafeTech or its affiliates more than two (2) years after the accrual of the cause of action.

Binding on all: The Customer further agrees that the limitations on liability, expressed herein, shall enure to the benefit of and apply to all parent, subsidiary, and affiliated SafeTech companies, including any third party monitoring company.

Indemnity: In the event that any person, not a party to this agreement, shall make any claim or commence any lawsuit, action, or application against SafeTech for failure of its equipment or service or the actions of its employees or agents, in any respect, the Customer agrees to indemnify and hold harmless SafeTech from and against any and all claims, lawsuits, or actions (including the payment of all damages, expenses, taxes, levies, penalties, costs and legal fees), irrespective of their cause. For greater certainty, this indemnity shall extend to all losses allegedly caused by improper installation or operation of the alarm system or its components, whether due to defects in the said system or components, or acts or omissions in receiving and responding to alarm signals by the monitoring station.

Early Termination by Customer: Provided that the Customer is in good standing (i.e., not in default), the Customer may terminate the agreement prior to the end of the term or any renewal or extension thereof, upon giving SIXTY (60) days advanced written notice and paying ninety percent (90%) of the balance of monies due for the unexpired term of the agreement or any renewal or extension thereof, plus any accrued interest, as liquidated damages (but not as a penalty). All leased equipment must be returned to the nearest SafeTech office or removed by a SafeTech Alarm System authorized technician for a cost of $50.00.

Cancellation by SafeTech: Customer agrees that this agreement may be cancelled at the option of SafeTech if the monitoring station, used by SafeTech to monitor the Customer’s alarm system, is substantially damaged by fire or catastrophe, or if SafeTech is unable to have connections or privileges necessary to transmit signals between the Customer’s premises, the monitoring station, or the Municipal Fire or Police Department or other agency. Cancellation is effective five (5) days after written notice of cancellation is sent by SafeTech to the Customer. In addition, it is understood and agreed by the Customer that this agreement may be cancelled at the option of SafeTech in the event that: (a) the Customer fails to follow any recommendations that SafeTech may make for the repair or replacement of defective parts of his/her system not covered under the Warranty or any maintenance service contract; (b) the Customer’s failure to follow the operating instructions provided by SafeTech results in an undue number of false alarms; (c) the Customer prevents SafeTech from installing, servicing, repairing, or making operational the alarm system or otherwise interferes with its proper operation; or (d) the Customer’s premises in which the alarm system is installed is so modified or altered after installation as to render continuation of service impractical. The Customer agrees that SafeTech is not liable for any damages or subject to any penalty as a result of SafeTech’ canceling this agreement for the reasons set forth above or any other reason(s).

Assignment: The Customer agrees that the sale or transfer of his/her/their premises shall not relieve the Customer of any duties and obligations under this agreement. The Customer may not assign or otherwise transfer its rights under this agreement without the written consent of SafeTech, which consent shall not be unreasonably (or arbitrarily) withheld or delayed. The Customer agrees to seek consent from SafeTech, and give it at least give 60-days prior written notice, to any proposed assignment. SafeTech may assign its rights under this agreement without notice to, and the consent of, the Customer. SafeTech has the right to sub-contract (i.e., contract-out) any of its obligations under this Agreement without notice to the Customer. Customer acknowledges and agrees that a third-party monitoring station monitors its alarm system. Customer agrees that SafeTech can change the monitoring station at any time during this agreement to another third party monitoring station or use SafeTech’ own facilities (i.e., conduct the monitoring ‘in-house’)

False alarms: Customer agrees to assume all responsibility for any false alarms or false signal given by the alarm system. Customer will indemnify, pay and defend SafeTech and the monitoring station and hold each of them harmless from and against any responsibility or liability for payment of false alarm fines, penalties, charges, taxes, fees, assessments or levies. In addition, the Customer agrees to pay any of the above amounts that are imposed by any government body (including the police) relating to the service provided under this agreement and to pay any increase in charges to SafeTech for facilities required for transmission of signals under this agreement.

Governing Law: This agreement shall be governed by the laws of the province of Ontario and the federal laws of Canada applicable therein. The parties agree to attorn to the exclusive jurisdiction of the Ontario Superior Court of Justice (which includes the Small Claims Court), or any successor thereto.

Entire Agreement: 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, written or oral, and shall constitute the sole terms and conditions of the lease of the alarm system by the Customer from SafeTech. In executing this agreement, the Customer is not relying on any advice or advertisement of SafeTech. The parties agree that any representation, promise, condition, inducement, warranty, express or implied, not included in writing in this agreement shall not be binding upon any party, and that these terms and conditions hereof apply as printed without alteration or qualification. This agreement can be modified only in writing, signed by the parties. No waiver or a breach of any term or condition of the agreement shall be construed to be a waiver of any succeeding breach.

Invalid Provisions: If any of the terms or provisions of this agreement shall be determined by a court of law to be invalid or inoperative or unenforceable, they shall be severed from this agreement and all remaining provisions shall remain in full force and effect.

Privacy of Personal Information: The Customer confirms that the information he/she is providing to SafeTech (“application information”) is true and complete and shall notify SafeTech without delay of any change to his/her application information.  In submitting his/her application information, the Customer consents to the COLLECTION, USE, DISCLOSURE, RETENTION and TRANSFER of his/her personal information as set out below.  This same Consent also applies to information contained in a closed or inactive file, and will remain there for six (6) years, unless the Customer advises SafeTech otherwise in writing at the address on the reverse of this page.  Personal information includes all data relating to the Customer in his/her application form or subsequently disclosed by him/her or third parties with his/her consent (or when authorized by law) for the purposes of monitoring, setting up, and administering his/her security services, which includes the alarm system and all other services.  For the purposes of monitoring, setting up, and administering his/her security services (including credit approval, invoicing, collection and to provide the Customer with information on new services or equipment), the Customer agrees to the collection, use, disclosing and transferring of his/her personal information by and between SafeTech, its affiliates, its subsidiaries and their successor corporations, or any subcontractor or assignee of this Agreement.  The Customer authorizes SafeTech or any sub-contractor or assignee of this Agreement to consult third parties (such as any credit reporting agency, credit bureau, person or corporation with whom the Customer has or may have financial relations, or supplier of services or benefits relating to this Agreement) for credit reports or recommendations as to his/her solvency and to collect, use and disclose such information when necessary for the monitoring, setting up and administration of his/her security services. The file containing information related to the administration of the Customer’s security services will be kept by SafeTech and/or any subcontractor or assignee of this Agreement or third party monitoring company and will only be available to the personnel at SafeTech and/or any sub-contractor or assignee of this Agreement and their authorized employees, contractors and agents who need to access the information in the administration and operation of his/her security services or to inform the Customer of new equipment or services, unless otherwise authorized by law.  The information related to the administration of the Customer’s security services (including credit related information) will be held in a file titled with his/her name.  The Customer has a right to access and correct the information (which may be incomplete, obsolete, or incorrect) contained in the file held about him/her and in order to exercise this right he/she can contact, in writing, SafeTech, attention:  Privacy Officer.  The Customer may contact SafeTech to obtain information about SafeTech’s management of personal information and to address any complaints at SafeTech’s address set forth on the first page of this Agreement.  UNLESS REFUSED BELOW, the Customer contents to the receipt of SafeTech’s promotional materials and information concerning other services and products offered by SafeTech via mail or email at the address(es) set forth in this Agreement, or as updated by Customer from time to time.

Telephone Monitoring: Customer consents to SafeTech recording and/or listening to the Customer’s telephone discussions with representatives of SafeTech for quality assurance and training purposes.

Subject to Approval: This agreement is not binding upon the parties unless it is approved by a SafeTech manager, which approval may be in writing or verbal, and will be conveyed to the Customer prior to the installation of alarm system. Such approval may be given to the Customer on the same day as installation. Approval is subject to verification and credit check, equipment compatibility, etc.