fbpx
226-798-0126 info@jmsecurity.ca

TERMS & CONDITIONS

 

Installation. In order for the Provider to install and service the Equipment listed in the contract, the customer must agree that they own the premises or have authority to authorize the installation of equipment on the premises. The Provider agrees to install any Equipment in a professional manner in accordance with the following conditions: (a) the Customer will make premises available without interruption during normal working hours as agreed upon (i.e. 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays); (b) the Customer understands that the installation may necessitate drilling and adhesives in and to various parts of the premises; (c) the Customer agrees to provide sufficient electrical outlets at designated locations for Equipment requiring AC power; (d) the Customer warrants that the Customer has requested the Equipment and/or Services for the Customers own use and not for the benefit of any third party, owns the premises in which the Equipment is being installed or that Customer has the authority to engage the Security Provider to carry out the installation in the premises, and will comply with all laws, codes and regulations pertaining to the Equipment and/or Services that are the subject of this Agreement; (e) the Customer understands that following Installation of the Equipment and activation of the service, the Customer will take ownership of the Equipment. There are no returns or exchanges following installation and activation.

Basically: You must authorize us to install the equipment and make your home available to us. We may need to drill holes in the wall, secure adhesives to the wall or door frames, and may require power for some of our devices. There are no exchanges or returns once the equipment is installed.

Condition of Equipment and Warranty.  The Customer shall maintain the Equipment in good working order.  If components of the Equipment are battery operated, the Customer may be required to replace them according to the Provider’s or the Provider’s representatives’ recommendations.  The Customer accepts the full and entire responsibility for frequently verifying the operating condition of the Equipment. The equipment installed will be covered under Warranty for normal wear and tear for a two (2) year period starting on the date of installation. Any replacement and/or repaired parts are warrantied for the remainder of the original warranty or ninety (90) days, whichever is longer. The Service of the Equipment will also be covered under Warranty for a two (2) year period starting on the date of installation. Remote support will be provided indefinitely. Any and all in-person service calls following the two (2) year warranty will be subject to additional fees. The original owner must promptly notify the Provider in writing that there is defect in material or workmanship, such written notice to be received in all events prior to expiration of the warranty period. The following items of Equipment will be replaced by the Provider at no additional cost to the Customer, should the items become defective through normal wear and tear: (a) Door/Window Contacts; (b) magnetic contacts; (c) wire and cable; (d) other minor components at the discretion of the Provider. Warranty does not cover (1) normal maintenance as outlined in the installation and servicing instructions or product Owner’s Manual; (2) failure, damage, or repairs due to faulty installation, misapplications, abuse, improper servicing, unauthorized alterations or improper operation; (3) failure to start due to voltage conditions, blown fuses, open circuit breakers, or damages due to the inadequacy or interruption of electrical service; (4) failure or damage due to floods, winds, fires, lightning, accidents, corrosive environments, or other conditions beyond the control of the customer; and (5) parts not supplied by the Provider, or damages resulting from their use.

Basically: Following installation, you are responsible to make sure your equipment is working, is regularly being tested and, if needed, is being replaced. You have a 2-year warranty on your equipment (equipment and service fees). If something happens to the equipment, just send us an email. We will try to solve the problem over the phone, but if we can’t we will send someone service your system. You will be charged for service calls and equipment after the 2-year warranty period.

Camera. If the Customer chooses to purchase a camera for use, with or without the monitoring service, the Customer agrees not to use the camera(s) to invade another person’s privacy, including, without limitation, the unauthorized monitoring of anyone rightfully present at your premise.

Basically: Cameras should NOT be used to invade someone’s privacy.

Acknowledgment of Protection. Although the Customer may choose the type of protection the Customer requires (i.e. number of devices, equipment location, type of installation, etc.), the Customer is advised to follow recommendations of the Provider who shall install the Equipment, so as to ensure its proper operation and prevent false alarms.  The Customer acknowledges that the Customer has chosen the type of services for the premises and acknowledges having received the Equipment described in this Agreement.

Basically: You can choose your desired type of protection, but we suggest you follow our recommendations to ensure proper protection and to prevent false alarms.

No Modification of Equipment. The Customer shall ensure that the premises monitored by the Equipment is well maintained and allowing the Equipment to adequately operate and shall advise the Security Provider in writing of any changes to the re-configuration the equipment.  The Customer undertakes to not modify or replace the Equipment, or any component thereof nor connect or have any other equipment connected to the equipment, already in place so as not to impede the correct operation of the Equipment. The Customer undertakes to preserve the identification plates and any other markings on any Equipment.  If the Customer moves, the Customer remains entirely responsible for the equipment and for this contractual commitment. The Customer is responsible for informing the Security Provider of the Customers move by Email, and for supplying the date of relocation 30-days prior to the move. The Customer is not permitted to remove and/or relocate the Equipment. If the Customer wants can request to relocate their current equipment to their new address via Email. If the request to relocate is accepted by the Provider the Customer must pay a $500 fee to remove and reinstall the Equipment and sign a new Agreement for 36-month minimum Term. The customer may also be required to purchase additional new equipment to replace any broken or damaged equipment, and purchase additional new equipment to address the new security need in the new environment. If the Customer chooses to purchase all new Equipment for the relocation, discounts may apply. Please contact your provider for more details.

Basically: If anything changes in your home, let us know and we can send someone over to make the proper adjustments to the equipment. Plan on moving? Let us know, you may be eligible for a discount on a new system! You are not allowed to move the equipment yourself.

Additional Services and Equipment.  Any service or equipment which the Provider may provide beyond the obligations set forth in this Agreement is optional on its part and will create no additional obligation on the Provider.  The Customer undertakes to remunerate the Provider for any services or equipment required of the Provider and rendered or provided at the request of the Customer beyond the commitments set forth in this Agreement.  Such remuneration will be mutually agreed to in advance by the Provider and the Customer.

Basically: Looking to install additional equipment? This will come at an additional cost, call one of our Solutions Experts and we can find a solution together.

Remote Monitoring Services. The monitoring service will begin when the Equipment is installed and is operational, subject to the terms and conditions of the Service Agreement. The monitoring centre provides 24-hour-a-day, fully staffed monitoring for all types of alarm systems, and are approved as such by the Underwriters Laboratories of Canada. The central monitoring service is monitored by Counterforce Corporation, located at 2740 Matheson Boulevard East, Unit 1, Mississauga, Ontario, Canada, L4W 4X3. From the monitoring centre, alarm signals are received via dedicated signal channels. Each signal is encoded as to the type of emergency (intrusion, personal emergency, fire, sprinkler system, etc.). In the event an alarm signal from the System is received at the monitoring centre, the monitoring centre shall attempt to notify the appropriate local emergency services and/or other agreed upon representative of the Customer. The monitoring station will verify alarm signals received before dispatching emergency services with the exception of fire alarm signals which will be verified after dispatching emergency services. The Customer is responsible for all fines as a result of false alarms or dispatch charges levied to the Provider by the emergency services or any telecommunication authority where emergency services have been dispatched. The Provider shall not be responsible for any suspension of emergency response due to false alarms, and any such suspension shall not relieve the Customer from the obligation to pay his/her monthly charges, set out herein or dispatch charges. The Customer acknowledges that an alarm signal will not reach the monitoring centre in the event that the communication services are out of operation for any reason, including the tampering of devices. It is the responsibility of the customer to make periodic tests of the system to reduce the risk of failure of signals to the monitoring centre. THE CUSTOMER UNDERSTANDS THAT THE PROVIDER IS NOT OBLIGATED UNDER ANY CIRCUMSTANCES TO SEND ANY OF THE PROVIDERS REPRESENTATIVES TO YOUR PREMISES IN RESPONSE TO AN ALARM SIGNAL.

Basically: Monitoring beings the day we have finished installing the system. To provide you with the best service, our monitoring is outsourced to a third party, Counterforce, who is equipped with a 24-hour-a-day fully staffed monitoring centre. In the case of an alarm, signals are sent to Counterforce with the type of emergency (i.e., intrusion, fire, etc.) and they will attempt to notify you of the situation to verify the alarm. If is it a real emergency they will contact the appropriate emergency services, not us. In the case of a false alarm, we are not responsible for any fines or charges you may incur. If false alarms happen consecutively you may be suspended or put on a decreased priority list for emergency dispatchers. If the system is out of service for any reason, the alarm will not reach the monitoring centre, so it is important to regularly test your system.

Dispatch Policy. As soon as the system is activated, the system will be put on test for 24 hours, then the dispatch policy will commence, dispatching emergency services in connection with the monitoring service in the case of an alarm. You can request to have a Delayed Dispatch Activation, with no emergency services dispatched in connection with the monitoring services for the first seven (7) days following the installation of the Home Monitoring Service, except in response to a fire smoke sensor alarm (if applicable), or a panic or duress alarm. This is to help mitigate false alarms as the Customer gets accustomed to the home monitoring service and the Equipment. It is the responsibility of the customer to notify the Provider if they wish to activate the Delayed Dispatch Activation.

Basically: When your system is installed, emergency services will always be dispatched in the case of an alarm. To allow for adjustment to your new system, you can ask for a Delayed Dispatch Activation, meaning you will have 7 days to adjust to your system without emergency services being called (other than fire or a panic alarm).

Service Fees. Details about the monitoring service plan and additional features that the Customer has selected, including monthly fees, are found on your service agreement.

Basically: What you see is what you get.

Maintenance Services.  Maintenance Services shall be provided by the Provider “on-call” from the Customer.  The Customer will facilitate access to the premises in order to allow the Security Provider or its representatives to perform all Maintenance Services and to retrieve its Equipment.  The Customer accepts all inconveniences resulting from such installation, maintenance and/or repairs of Equipment or cabling. The Maintenance Services specifically excludes: (a) Equipment defects which are known to the Customer as of the date of this Agreement, unless these were disclosed to the Provider prior to the execution of this Agreement and the Customer has agreed in writing to include such defects in the Service coverage; (b) Equipment defects resulting from fire, lightning, vandalism, a flood, negligence of the Customer, Force Majeure, abuse by the Customer, modifications to the Equipment which are contrary to standards or the Provider’s recommendations; (c) defects caused by paint or materials used on coatings of external surfaces of the Equipment; (d) interruption of the electrical supply to the Equipment; (e) defects resulting from alterations to the Equipment by persons not authorized by the Provider.

Basically: If you need to install additional equipment, require maintenance or need us to repair equipment? Give us a call and we will schedule a time to service your home. If you are aware of an issue during installation please let us know so we can fix it right away! We ask that you would not neglect, abuse, alter or modify the equipment, unless consulted to by a JM Security Canada employee. Be aware of the equipment when painting or coating in the surrounding areas to not modify the external surface. Defects from an interruption of the electrical supply, fire, lightning, vandalism, a flood, or Force Majeure are excluded from maintenance services.

PPSA Registration of Security Interest.  Customer hereby grants to the Provider a continuing, specific, and fixed security interest, under Ontario’s Personal Property Security Act, in the Equipment sold to the Customer, now or at any time, and from time to time existing, wherever situate, pursuant to this Agreement until such time the purchase price for such Equipment is paid in full.  Title to such Equipment shall remain with the Provider until paid in full.

Basically: Until you pay us for the system, we own it.

Automatic Renewal.  On expiration of this Agreement, any Service supplied pursuant to this Agreement will be automatically renewed for one (1) additional one (1) year Term. The Customer will have sixty (60) days from the expiration of the then current Term to opt out of the automatic renewal. The Customer can prevent the automatic renewal by delivering to the Security Provider a written notice prior to the renewal date or, during the sixty (60) day grace period. This will apply to any, and all Terms indefinitely

Basically: You will be notified of your contraction expiration prior to the end of your contract. When your contract expires you will be automatically renewed for 1 additional year. You will have 60 days to opt out of the automatic renewal.

Early Cancelation Fee.  If the Customer wishes to terminate any Service established pursuant to this Agreement before the end of the term, the Customer must deliver to the Provider a written notice to that effect at least 30 days prior to the date of termination and pay the Provider, as liquidated damages and not as a penalty, a single payment on the date of termination of any lease of Equipment and/or Service, equal to 100% of the total of the outstanding monthly payments thereafter payable attributable to any Service being cancelled.  If the Customer chooses to cancel the Agreement, the Supplier is under no obligation to remove the equipment from the premises or repair marks left by the equipment.

Basically: If you want to cancel your service you will need to give us written notice. You will be required to pay 100% of your service fees for the remaining months of the contract.

Default by Customer.  Any failure by the Customer to pay a bill on time, or breach any part of this Agreement, shall give the Provider the right to terminate this Agreement, and, in addition to and without waiving any other remedies, to avail itself of any legal remedy, charge interest at an annual rate of 12% on any delinquent amount; liquidated damages equal to 100% of the entire amount thereafter payable under this Agreement until the end of the relevant term. Any cheque submitted by the Customer that is returned by the financial institution for any reason, including insufficient funds and/or closed account must pay $25.00, as liquidated damages and not as a penalty.

Basically: If you don’t pay, we have the right to terminate the agreement and charge you interest on the amount until it is paid in full. Also, if you submit a cheque and there is insufficient funds in your account or you have closed your account, you must pay $25.00.

Liability of Customer.  The Customer shall be liable for any loss of or any damage to the Equipment, for any reason whatsoever including Force Majeure, as of the date of its delivery. The Provider shall execute its obligations hereunder with diligence and to the best of its ability, but will not be liable for any damage, whatever its cause or nature, except for deliberate acts by or gross negligence of the Provider or its representatives.  Any Equipment deficiency or error as to delivery and/or installation of the Equipment must be reported in writing to the Provider within 48 hours of the observation of same, failing which the Customer shall be considered to be satisfied with the Equipment, its delivery and installation.

Basically: Once we provide you with the equipment, we are no longer responsible for any damages to the equipment, unless it was the result of a careless act by one of our representatives. You have 48 hours following the installation to bring any issues to our attention or we will assume you are satisfied with the delivery and install of the equipment.

Limitation of Liability of Security Provider.  The Customer releases the Security Provider from any liability for losses or damages due directly or indirectly to events (or to consequences thereof) that the Equipment and/or Services is designed to detect or avoid.  The Customer is aware that the Security Provider is not an insurer, that the protection offered to the Customer pursuant to this Agreement is limited and not absolute, that the amounts payable by the Customer have no relation to the value of the premises or their contents, and are thus set because of the stipulations contained in this Agreement, as to damages and liability.  The Customer recognizes that the Provider will not be responsible for any loss and/or damage suffered by the Customer as a result of failure by a police department or fire or ambulance or other emergency services organization to respond to an alarm which the Customer will have signaled. Additionally, the Customer acknowledges that under certain circumstances the installed equipment can produce false alarms, and should a false alarm occur the Customer will be responsible for expenses and fines which could be levied by private guards or public services for the municipality where the protected premises are located.  THE SECURITY PROVIDER MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, THAT THE EQUIPMENT OR SERVICES SUPPLIED WILL AVERT OR PREVENT OCCURRENCES OR THE CONSEQUENCES THEREFROM, WHICH THE EQUIPMENT OR SERVICE IS DESIGNED TO DETECT. IF THE SECURITY PROVIDER SHOULD BE FOUND LIABLE FOR LOSS, DAMAGE OR INJURY DUE TO A FAILURE OF SERVICE OR EQUIPMENT IN ANY RESPECT, ITS LIABILITY SHALL BE LIMITED TO A SUM EQUAL TO THREE MONTHS COST OF MONITORING FEES OR $250 WHICHEVER IS GREATER, AS THE AGREED UPON DAMAGES AND NOT AS A PENALTY, AS THE EXCLUSIVE REMEDY, AND THAT THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY IF 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 OR OTHERWISE, STRICT LIABILITY, VIOLATION OF ANY APPLICABLE CONSUMER PROTECTION LAW OR ANY OTHER ALLEGED FAULT ON THE PART OF THE SECURITY PROVIDER, ITS AGENTS OR EMPLOYEES. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST THE SECURITY PROVIDER MORE THAN ONE YEAR AFTER THE OCCURRENCE OF THE CAUSE OF ACTION THEREFORE, UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW.  IT IS FURTHER AGREED THAT THE LIMITATIONS ON LIABILITY EXPRESSED HEREIN SHALL ENURE TO THE BENEFIT OF AND APPLY TO ALL PARENT, SUBSIDIARY AND AFFILIATED COMPANIES OF THE PROVIDER.

Basically: We are not liable for losses or damages due to events that our service is designed to detect or avoid. We are not an insurance company and do not provide the same services as an insurance company, therefore should not replace the purchase of homeowners insurance. Failure of emergency service to respond to an alarm is beyond our control. False alarms can happen, and should a false alarm occur we are not responsible for expenses or fines. If we are found liable for loss, damage, or injury due to our systems failure, our liability will be limited to a sum equal to three months cost of monitoring fees OR $250, whichever is greater.

Personal Information and Privacy.  The Customer confirms that the information is the Customer is providing to the Provider is true and complete and shall notify the Provider without delay of any change to the Customers personal information.  Personal information includes all data relating to the Customer in the Customers application form or subsequently disclosed by the Customer or third parties with the Customers consent (or when authorized by law).  For the purposes of monitoring, setting up, and administering the Customers 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 the Customers personal information by and between the Provider, its affiliates, its subsidiaries and their respective successor corporations, or any subcontractor or assignee of this Agreement.  The Customer authorizes the Provider 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 the Customers solvency and to collect, use and disclose such information when necessary for the monitoring, setting up and administration of the Customers security services. The file containing information related to the administration of the Customer’s security services will be kept by Provider and/or any subcontractor or assignee of this Agreement or third party monitoring company and will only be available to the personnel at the Provider 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 the Customers 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 the Customer and in order to exercise this right the Customer can contact, in writing, the Provider. The Customer may contact the Provider to obtain information about the Provider’s management of personal information and to address any complaints at the Provider’s address set forth on the first page of this Agreement. The Customer consents to the receipt of the Provider’s promotional materials and information concerning other services and products offered by the Provider via mail or email at the address(es) set forth in this Agreement, or as updated by the Customer from time to time. If the Customer chooses not to provide any of the personal information requested, the Provider may be unable to complete the Customers transaction, or provide the information, services or products the Customer has requested.

Basically: You must confirm that the information you are giving us is true, and if any changes are made we need to be notified. We collect personal information for monitoring, set-up, administering the service. You are also allowing us to share this information with third party companies we work with, like Counterforce who monitors your system. Your information will only be available to those with authorization who need to access the information. You have the right to access this information by contacting us. We will use this information to contact you for promotional material and information concerning services or products. If you do not provide us with your personal information requested we may be unable to provide you with our services.

Assignment.  The Customer may not transfer or assign the Customers rights pursuant to this Agreement without the prior written consent of the Provider, which consent may be arbitrarily withheld or delayed.  The Provider shall be entitled to assign this Agreement to any other provider of security services, without the consent of the Customer. In all such cases, any assignee shall assume each and every one of the obligations contained herein toward the Customer and shall benefit from each and every one of the rights granted to the Provider hereunder. Furthermore, the Provider shall be entitled to sub-contract any services it is to perform hereunder. This Agreement shall also enure to the benefit of and apply to any assignee, subcontractor or any other party performing any of the obligations provided for herein.

Basically: If you want to assign your rights to someone else, you must send us an email indicating the change. We have the right to withhold or delay our consent. We also have the right to legally transfer you to another security provider, but if we do, the new other company must abide by this contract that you have sign.

Force Majeure.  The Provider shall not be liable for failure to perform any of its obligations hereunder if such failure is caused by events outside its reasonable control, including without limitation, acts of God, war, acts of terrorism or natural disasters.  The Provider shall use commercially reasonable efforts to recommence performance as soon as reasonably possible.

We are not liable for failure to perform in the case of acts of God, war, acts of terrorism or natural disasters. We will do everything in our power to begin our services again as soon as we can.

Notice.  All notices shall be sent to the Customer’s email address on the first page of this Agreement. Such notice shall be deemed duly delivered on the date of hand-delivery or one day after deposit with an overnight courier with tracking capabilities, or five days after deposit in registered mail, postage prepaid, return receipt requested.

Basically: If we need to send you a notice, we will send it to the email indicated.

General.  Failure by the Provider to require the performance by the Customer of its obligations pursuant to this Agreement or to enforce a right or recourse of the Provider shall not be deemed or interpreted as a waiver or forfeiture by the Provider of such right or recourse or of its right to require the performance by the Customer of its obligations pursuant to this Agreement.  This Agreement constitutes the entire agreement between the parties as to its subject matter, superseding all prior or contemporaneous agreements or other communications or dealings whether written or oral, and may be amended only by a written instrument signed by the parties. This Agreement shall be governed by and construed under the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to principles of conflict of laws, and each party unconditionally and irrevocably attorns to the non-exclusive jurisdiction of the courts of the Province of Ontario.

Basically: By signing this contract, you are held to a standard laid out in the contract, and you must abide by these Terms and Conditions. This agreement is governed by and has been constructed under the laws of the Province of Ontario and the federal laws of Canada.