Your Rights under the Consumer Protection Act, 2002:
You may cancel this agreement at any time during the period that ends ten (10) days after the day you receive a written copy of the agreement. You do not need to give the supplier a reason for cancelling during this 10-day period. If the supplier does not make delivery within 30 days after the delivery date specified in this agreement or if the supplier does not begin performance of his, her or its obligations within 30 days after the commencement date specified in this agreement, you may cancel this agreement at any time before delivery or commencement of performance. You lose the right to cancel if, after the 30-day period has expired, you agree to accept delivery or authorize commencement of performance. However, if you cancel this agreement after having solicited the goods or services from the supplier and having requested that delivery be made or performance be commenced within ten (10) days after the date this agreement is entered
into, the supplier is entitled to reasonable compensation for the goods and services that you received before the earlier of the 11th day after the date this agreement was entered into and the date on which you gave notice of cancellation to the supplier, except goods that can be repossessed by or returned to the supplier. [Ont. Reg. 17/05, s. 35 (2).]
Safe-Tech Security, operating Trade Name of Safe-Tech Inc. (hereinafter “Safe-Tech”) 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 Safe-Tech’s 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. Safe-Tech will try to conceal piping or wiring in the finished areas of the Customer’s premises, but 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 un-switched and unburdened 110 Volt, 60 cycle, AC power electrical outlet at designated locations for Safe-Tech equipment. Customer agrees that Safe-Tech assumes no liability for delays in installation of equipment or for interruption of service, irrespective of the cause and that Safe-Tech will not be required to supply service to the Customer while interruption of service due to any such cause, shall continue.
Title to any alarm equipment installed for free (including installed detection devices, main control panel, keypad, hardware, software, siren, wiring and telephone connections, etc.) remains with SafeTech for the full term of this agreement or any extension or renewal thereof. All equipment installed for free must be returned to Safe-Tech at owner’s expense after expiry of this agreement or any extension or renewal thereof, expires.
Acts of Default:
Customer’s failure to pay Safe-Tech 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 Safe-Tech 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 Safe-Tech’s enforcement of this agreement, including collection expenses, court costs, legal disbursements, and legal fees (on a solicitor-client basis).
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 Safe-Tech, 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 Safe-Tech 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 Safe-Tech 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 Safe-Tech at the time of execution of this agreement. Batteries are not warranted. For repair and replacement work not covered by warranty, Safe-Tech will provide the Customer with repairs and parts replacement of the equipment at Safe-Tech’s 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 Safe-Tech during its normal working hours (as defined above) AND WILL BE PERFORMED AT THE CUSTOMER’S PREMISES DURING SAFE-TECH’S normal working hours.
The Customer warrants to Safe-Tech 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 Safe-Tech 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); (4) customer will test alarm system and alarm communication equipment on a monthly basis with our monitoring station to ensure alarm signals are received.
Smoke and Fire Detectors:
Any Fire Detection equipment included in the system is supplementary and 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. The Customer should regularly and thoroughly inspect the A/C powered smoke detectors for dirt/dust build-up and test them at least once per month to help maintain continued operability.
Limitation of Liability:
The Customer agrees that Safe-Tech is not an insurer and that the amounts payable to Safe-Tech 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. Safe-Tech 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 earlydetection system, not a protection system. The Customer agrees that Safe-Tech 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 most standard alarm systems utilize 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. Furthermore, the alarm system may fail to transmit signals if the customer changes phone company providers or changes to a different type of communication format. The Customer acknowledges having been informed about additional communication protection in the form of a dedicated phone line service (i.e., DVAC line), GSM cellular phone back-up systems, long range radio devices, and voice over internet protocol (VOIP) service. But, (unless indicated otherwise on the front of this agreement), has declined all of the above. Notwithstanding the above, Safe-Tech 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, GSM 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)/sublessee of its existing premises at a cost of $100.00 and with the consent of Safe-Tech 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”, Safe-Tech Alarm Systems 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”, Safe-Tech 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 Safe-Tech.
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 Safe-Tech and agrees that Safe-Tech 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 Safe-Tech 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, Safe-Tech’s 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 Safe-Tech, its officers, directors, employees, agents, contractors, sub-contractors, or those for whom, at law, Safe-Tech is responsible. The Customer agrees that Safe-Tech is not responsible for any consequential or incidental damages resulting from the failure of the alarm system to operate properly.
Binding on all:
The Customer further agrees that the limitations on liability, expressed herein, shall ensure to the benefit of and apply to all parent, subsidiary, and affiliated Safe-Tech companies,
including any third party monitoring company.
In the event that any person, not a party to this agreement, shall make any claim or commence any lawsuit, action, or application against Safe-Tech 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 Safe-Tech 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.
Privacy of Personal Information:
The Customer confirms that the information he/she is providing to Safe-Tech (“application information”) is true and complete and shall notify Safe-Tech 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 application information as set out below. Application 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 for the purposes of monitoring, setting up, and administering his/her security services, which includes the alarm system and all other services. The Customer authorizes Safe-Tech 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) 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 information related to the administration of the Customer’s security services will be held in a file titled with his/her name. The Customer has a right to access and correct the information contained in the file held about him/her and in order to exercise this right he/she can contact, in writing, Safe-Tech, attention: Privacy Officer. The Customer may contact Safe-Tech to obtain information about Safe-Tech’s management of personal information and to address any complaints at Safe-Tech’s address set forth on the first page of this Agreement.
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 and
unpaid equipment must be returned to the nearest Safe-Tech office or removed by a Safe-Tech authorized
technician for a cost of $50.00.
Cancellation by Safe-Tech Alarm Systems:
Customer agrees that this agreement may be cancelled at the option of Safe-Tech if the monitoring station, used by Safe-Tech to monitor the Customer’s alarm system, is substantially damaged by fire or catastrophe, or if Safe-Tech 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 Safe-Tech to the Customer. In addition, it is understood and agreed by the Customer that this agreement may be cancelled at the option of Safe-Tech in the event that: (a) the Customer fails to follow any recommendations that Safe-Tech 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 Safe-Tech 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 Safe-Tech is not liable for any damages or subject to any penalty as a result of Safe-Tech’s canceling this agreement for the reasons set forth above or any other reason(s).
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 Safe-Tech, which consent shall not be unreasonably (or arbitrarily) withheld or delayed. Safe-Tech may assign its rights under this agreement without notice to, and the consent of, the Customer. Safe-Tech has the right to sub-contract (i.e., contract-out) any of its obligations under this Agreement without notice to the Customer. Customer agrees that Safe-Tech can relocate the monitoring station at any time during this agreement to another location or to another third party monitoring station.
Customer agrees to assume all responsibility for any false alarms or false signal given by the alarm system. Customer will indemnify, pay and defend Safe-Tech 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 and the fire department) 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.
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.
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. 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.
Subject to Approval:
This agreement is not binding upon the parties unless it is approved by a Safe-Tech manager. Approval is subject to verification and credit check, equipment compatibility, etc.