1. This Agreement and if applicable, any Supplementary Agreement shall not be considered in force until it is approved in writing by an authorized representative of C.S.I. Any additional agreements or warranties must be attached with the reverse side of this agreement. ‘ SEE ATTACHED AGREEMENTS’ will be written in “special instructions” on the front of this agreement.
2. Purchase Orders. If there is any conflict between this contract and Subscriber’s purchase order, or any other document, this contract shall govern.
3. Monitoring Terms & Payment. (3A) Upon completion of the installation, Subscriber agrees to pay C.S.I. the balance of the installation charge. Monthly charges are payable in advance for the duration of the contract. This contract shall automatically renew itself unless either party notifies the other in writing at least sixty (60) days prior to its expiration.
(3B). This agreement shall be in force and effect the day after installation (or takeover) has been completed, for the initial term stated and shall continue thereafter for successive twelve month terms.
(3C). Billing. C.S.I. invoices customers by way of the P.A.P.P. – PRE-AUTHORIZED PAYMENT PLAN, or auto bank withdrawal.
(3D). Dishonoured cheques and/or pre-authorized payments will be subject to an administration charge. It is the responsibility of the Subscriber to notify C.S.I. when changing banking information provided to C.S.I.
(3E). Taxes. The Subscriber agrees to pay existing, new or increased assessments, taxes, fees, fines, or other charges imposed in respect to the system by any municipality, government, police depart, government agency or public utility.
4. Monthly Monitoring Fees may be increased annually during the term of this agreement by the cost of living (as published by Statistics Canada) plus 2%.
5(A). Installation. Subscriber authorizes C.S.I. to supply or install or supply and install the equipment as specified on the reverse, including connections necessary to transmit the necessary signals from Subscriber’s premises. C.S.I. assumes no liability for delay in installation of the system or for interruption of service due to any cause beyond C.S.I.’s control, and will not be required to supply service to Subscriber while interruption of service due to any such cause shall continue. Subscriber hereby authorizes C.S.I. to do the installation during C.S.I.’s regular business hours – 8:30 A.M. to 4:30 P.M. Monday through Friday, excluding Saturdays, Sundays and holidays. “After hours” installation is available upon request of Subscriber on an “as available basis” and will be charged at C.S.I.’s then prevailing rates. Any installation charge quoted in this Agreement is based upon C.S.I. performing the installation with its personnel. If, for any reason the installation or any part thereof, must be performed by outside contractors, said installation charge is subject to revision at the discretion of C.S.I.
5(B). Service Calls. Subscriber authorizes C.S.I. Personnel and only C.S.I. Personnel to perform service on this system. Regular Service and Warranty Service hours are Monday to Friday between the hours of 8:30AM-4:30PM. Any and all “after hours” service by C.S.I. will be provided at the Subscriber’s request, to the Subscriber’s address at the then prevailing rates. C.S.I. will not be responsible for persons other than C.S.I. personnel servicing the system. Unauthorized persons or companies working on this system will cause the customer to become in “default” as defined in section 9 of this agreement.
5(C). All Service Calls are to be paid for at time of call. A trip charge or deductible charge will apply. Time and a half will be billed to the Subscriber for all service provided outside regular business hours. Service is billed by the minute plus trip charge.
5(D). Downloading Service performed from our office Service Center to the Subscribers address by computer will also be considered chargeable. A set fee for this service will be charged for each download.
6. Authorized Personnel. Subscriber agrees to furnish C.S.I. with a list of names and residence telephone numbers of all persons authorized to enter Subscriber’s premises during the regularly scheduled closed periods. All changes, revisions and modifications to this list shall be supplied to C.S.I. in writing and will only be accepted when received in writing and placed in file.
7. C.S.I. Obligations. If a burglar or fire or emergency alarm signal registers at C.S.I.’s monitoring center, C.S.I. at its sole discretion, may endeavour to contact the Subscribers Premises by telephone to verify that the alarm is not false. In the event of no response at the Premises or if it is impossible to contact the Subscriber promptly or C.S.I. reasonably questions the nature of the response received upon such contact, C.S.I. shall endeavor to contact the “authorized pass cardholders” from the list provided by the Subscriber and/or C.S.I. shall endeavor to make every reasonable effort to notify the appropriate police, guard service or alarm response unit, or fire authorities, as applicable. The Subscriber should always contact C.S.I.’s monitoring center anytime the Subscriber creates any type of an alarm condition.
In the event a supervisory or trouble signal registers at C.S.I.’s monitoring center, C.S.I. shall endeavor to contact the Subscriber ‘s premises by telephone. In the event of no response at the Premises, C.S.I. shall endeavor to contact the authorized pass cardholders.
The Subscriber understands that when a digital communicator is installed, it uses the Subscriber’s standard telephone lines as the transmission mode of sending signals to our monitoring station. The Subscriber also understands, that with addition installation charges and additional monthly charges paid to C.S.I., the subscriber can purchase a more secure mode of transmission such as an independent Dvac line from the telephone company or a cellular backup system, or high speed internet transmitter. Subscriber also understands that C.S.I.’s monitoring center does not receive signals when the transmission mode is or becomes non-operational and that signals from the digital communicator cannot be received if the transmission mode is cut, disconnected, interfered with or otherwise damaged.
(8A) Title to equipment purchased shall remain in C.S.I. until such time as Subscriber shall pay for the said equipment in full.
(8B) Title to Rental equipment is and shall at all times remain with C.S.I., and Subscriber agrees to protect the equipment and to indemnify and pay to C.S.I. the cost of repair or replacement for any loss or damage to C.S.I. equipment.
(8C) Title to Rent to Own equipment shall at all times remain with C.S.I. until the Rent to Own term is complete. The Subscriber agrees to protect the equipment and to indemnify and pay to C.S.I. the cost of repair or replacement for any loss or damage to Rented equipment during the rental term. After the full Rent to Own term is completed and all monies owed for this rental are paid, the title of the rented equipment shall be transferred to the Subscriber.
9. Default or Termination. In the event Subscriber defaults in the performance of any of the terms and conditions of this contract, including failure to make any payment as agreed or early cancellation, the balance of monies due for the unexpired term of this contract shall become immediately due and payable to C.S.I. In the event of any default by Subscriber or upon the expiration of this contract, Subscriber authorizes C.S.I. to enter Subscriber’s premises and remove C.S.I.’s equipment and/or programming, and C.S.I. shall not be responsible for repair or redecoration of any portion of Subscriber’s premises upon removal of C.S.I. equipment.
10. Collection Fees/Charges. Interest of 1.5% per month (18% per annum) will be charged on overdue accounts without notice. When collecting overdue account balances an administration fee will also apply. Delinquent accounts may be disconnected and/or disabled without notice and subject to an administration fee. Accounts are to be paid in full before monitoring services are re-established.
(11A) Purchase Warranty. From date of installation, without cost to Subscriber, C.S.I. shall warranty all parts for a period of one (1) year. Installation labour is warranted for ninety (90) days during “Regular Business Hours”. “After hours” service is available at request of Subscriber. Any warranties separate from this Agreement are null and void unless signed by an authorized representative of C.S.I. and are attached to this contract. Any warranties attached will state their own terms and conditions.
11(B). Rental Warranty. Repairs necessitated by ordinary wear and tear shall be at C.S.I.’s expense.
11(C). Extended Warranty Plan. This plan may be purchased for an additional monthly fee and must be indicated on the front of this agreement to be applicable. All labour and material is covered under this warranty, for service during regular service hours, with the exception of the deductible and any “After Hours Calls”. A deductible will be charged for the first warranty call in a calendar year. This plan does not cover repairs outlined in section 12. Additional charges may apply for areas outside Ottawa.
11(D). Other Warranties. Any warranty other than those listed in 11A, 11B, or 11C, must be indicated on the front of this agreement and attached as an appendix to be valid and binding on C.S.I.
12. All repairs, replacements and adjustments to the security equipment to the Subscriber, required because of alterations or repairs to the premises or caused by the willful act of negligence of the Subscriber, its employees or agents, misuse, acts of God, or any other cause beyond the control of C.S.I., shall be paid for by the Subscriber at C.S.I.’s then prevailing rates of labour and/or materials under a Service Call.
13. False Alarms and Service Calls
(13A) In the event Subscriber shall cause an excessive number of false alarms or service calls through carelessness or malicious or accidental use of the equipment, C.S.I. may, in addition to all other legal remedies, be excused from further performance upon giving ten (10) days notice to Subscriber.
(13B) In the event a fine, penalty or fee shall be assessed against C.S.I. as a result of any false alarm originating from Subscriber’s premises, Subscriber agrees to reimburse C.S.I. for payment of said false alarm fine, penalty or fee.
(13C) In the event C.S.I. shall dispatch an agent to a false alarm or a technician to an unnecessary service call originating from Subscriber’s premises, where Subscriber intentionally or negligently activates or impairs the operation of the security system and no alarm condition exists, then Subscriber agrees to pay C.S.I. the current rate for each such false alarm or service call.
14. Liability. It is clearly understood and agreed that C.S.I. is not an insurer; that insurance, if any, shall be obtained by Subscriber, and that the amounts payable to C.S.I. hereunder are strictly based upon the value of services offered and are unrelated to the value of property located at Subscriber’s premises. C.S.I. makes no warranty, express or implied that the Equipment it installs or the services it furnishes will avert or prevent occurrences or the consequences therefrom, which the Equipment and/or services are designed to detect or avert. In the event of injury to or death of persons, loss, destruction, or damage to property, by any means whatsoever and however caused, any result in damages recoverable by Subscriber from C.S.I., due to the negligence of C.S.I., its employees, agents mandatories or representatives, are hereby limited to an amount no greater than one year’s recurring service. This amount shall be complete and inclusive and shall be paid and received as liquidated damages and/or in lieu of any type of damages of any nature whatsoever and not as a penalty.
15. Subscriber, at its expense, shall supply unswitched and unburdened 110V, 60 cycle AC power where specified by C.S.I. and as required for the operation of the equipment being installed. C.S.I. will supply a CA38A Alarm Jack if possible when the Subscriber has not been able to have Bell Canada do the same. A charge for this Alarm Jack will apply upon completion of installation.
16. C.S.I. shall not be liable for delays in installing or repairing the Equipment or for any interruption of any Service to be provided hereunder due to labour disputes, lack of or reduction of necessary power supply, strikes, lock-outs, floods, riots, fires, explosions, acts of God or any other cause beyond the control of C.S.I., including interruptions in telephone service and C.S.I. shall not be required to supply any Service to the Subscriber while interruption of such Service due to any such cause shall continue. C.S.I. reserves the right to implement a change in the type of communications to be employed. In this event, service charges shall be adjusted to reflect any resulting increase or decrease in the telephone communication rate.
17. Subscriber shall carefully and properly set the alarm system at such time as Subscriber shall close its Premises. Subscriber shall carefully and properly test the alarm system periodically. C.S.I. recommends that the Subscriber test their system at least once per week. Subscriber shall immediately report to C.S.I. any claimed inadequacy in or failure of the Equipment.
Subscriber shall permit C.S.I. access to the Premises during C.S.I.’s regular business hours and at all other reasonable time for any reason relating to C.S.I.’s rights or obligations under this Agreement.
18. Subscriber shall not tamper with, alter, adjust, add to, disturb, damage or remove or otherwise interfere with the installed Equipment, nor to permit the same to be done. Subscriber has the obligation to verify the qualifications of all persons attempting to work on or repair the Equipment. During the term of this agreement, should the Equipment remain the property of C.S.I., Subscriber shall be responsible for the Equipment. The Equipment shall remain in the same location as installed and any removal or disturbance thereof shall only be carried out by C.S.I. and paid for by Subscriber in accordance with then current prevailing rates of C.S.I. in addition to all other charges.
19. Suspension or Cancellation. This agreement may be suspended or cancelled without notice and without liability or penalty in the event that C.S.I. is unable to either secure or retain the connections or privileges necessary for the transmission of signals for any reason whatsoever, or in the event C.S.I.’s monitoring station, connecting wires or other equipment is so substantially damaged that it is impractical to continue service.
20. No waiver of any term, provision, condition of obligation of this Agreement whether by conduct or otherwise, in any one or more instances, shall be deemed to be or be construed as a further or continuing waiver of that particular or any other term provision or condition of this Agreement.
21. In the event that any provision(s) of this Agreement (or portion thereof), shall be deemed invalid or illegal or unenforceable by any court of competent jurisdiction, then such provision or provisions (or portion thereof) shall be deemed not to have been written into this Agreement and at C.S.I.’s discretion the remainder of the terms and provisions thereof shall subsist and remain enforceable.
22. Transfer – The ownership of this agreement may be transferred by C.S.I. without consent of the subscriber.
23. Police Response – It is understood that C.S.I. shall not be responsible for any loss, expense or damage incurred by the Subscriber arising out of delay or failure or refusal of any police department or other agency to respond to an alarm reported to it by C.S.I., including the suspension of response due to false alarms. In the event of suspension or cancellation due to police response, the parties agree that this agreement shall continue in full force. C.S.I. shall continue to provide it’s monitoring services and Subscriber shall continue to pay all service charges to C.S.I.
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