Elevator Monitoring Service Agreement
TERMS AND CONDITIONS
Agreement for message service as described attached or on the face hereof is subject to the following terms and conditions.
1. I (we), hereinafter referred to as “CUSTOMER”, must provide SSI/Son-Mar Security Inc. with pre-authorized payment information and a signed agreement prior to SSI/Son-Mar Security Inc. providing service to the CUSTOMER.
2. SSI/Son-Mar Security Inc. shall invoice the CUSTOMER on the first of every month. The invoice shall contain the applicable base rate for that month (first of the month to the last of the month) and shall account for any time charges that occurred in the previous month (1st to the last) that surpassed the monthly time allowance indicated in this agreement.
3. SSI/Son-Mar Security Inc. shall invoice time charges subject to a per call minimum and standard call rounding. Other rates may apply depending on the services provided, or the time of day, or the date.Special rates apply for recognized Holidays.Chargeable minutes include but are not limited to all highlighted Call Taker time for inbound and outbound calls, disconnect time, patch time etc. Note that non-highlighted Hold time is not charged.
4. If the CUSTOMER disputes any portion of an invoice, the CUSTOMER must bring the dispute to the attention of SSI/Son-Mar Security Inc. in writing within 30 days of the invoice date. The failure of the CUSTOMER to send a written notice of dispute within this time period shall be deemed a waiver by the CUSTOMER of the right to dispute any portion of the invoice. If the dispute relates to a portion of the invoice the CUSTOMER shall be required to make payment of the undisputed balance within the time period stated on the invoice.
5. Both parties agree to keep all information in this agreement confidential, unless either party has authorized that information to be shared with third parties, except as required by law.SSI/Son-Mar Security Inc. shall treat all messages as confidential and shall not intentionally disclose any messages to any unauthorized person or organization. However, SSI/Son-Mar Security Inc. shall not be responsible for any inadvertent disclosure and shall have the right to cooperate with all Law Enforcement agencies or organizations and may disclose to them whatever information is requested without prior notice to the CUSTOMER of such requests.
6. The CUSTOMER agrees that SSI/Son-Mar Security Inc. may record all calls for quality control purposes and to verify information from callers as required and any such recordings shall remain the property of SSI/Son-Mar Security Inc..
7. SSI/Son-Mar Security Inc. shall not be responsible for any loss, damage, or inconvenience suffered by the CUSTOMER arising out of any error of SSI/Son-Mar Security Inc., its employees or agents, in receiving, transmitting or failing to receive or transmit any message in the course of providing the message service(s) indicated in this agreement. Any such error shall not give rise to any liability for breach of contract, tort or otherwise on SSI/Son-Mar Security Inc.’s part, except to return to the CUSTOMER payment of a reasonable value of its Message Services not performed fixed at and limited to the return of not more than the monthly base rate of the month in which any such error occurs. SSI/Son-Mar Security Inc. will not be liable under any circumstances, for any lost profit, economic or consequential damage or for any claim or demand against the CUSTOMER by any other person or company. Should SSI/Son-Mar Security Inc. be found liable, the maximum amount payable will be $250.00 or the monthly base rate, whichever is greater.
8. SSI/Son-Mar Security Inc. shall not be liable for any interruption or failure in Service which may occur due to mechanical or technical difficulties, war, acts of God, fire, storms, accidents, government regulations, interference, labour disturbances (strikes or walkouts), or any other cause whatsoever beyond it’s reasonable control.
9. It is understood and agreed that, upon completion of the initial term, this contract will automatically be renewed on the same terms and conditions for a further term of the same length unless written notice of cancellation is provided at least thirty (30) days prior to the commencement of any automatic contract renewal date. Thereafter, this agreement shall be renewed automatically in the same manner and upon the same terms and conditions at the expiration of each renewal.
10. SSI/Son-Mar Security Inc. reserves the right to adjust rates at any time, providing at least 30 days’notice is provided.
11. Automatic payments are typically processed by SSI/Son-Mar Security Inc. on the first business day of the month. If a pre-authorized payment is rejected, the CUSTOMER must pay the applicable penalty fee and invoice amount 15 days from the date of invoice. The CUSTOMER agrees to pay penalty fees for late payments, returned payments, or contract cancellation for non-payment at the then current rate or as follows, whichever is greater: Late payment charges of 2% per month (24% per annum). A $45.00 administrative fee will be charged to the account for any returned payments (cheques, credit cards, PAP, etc.). Contract cancellation before the expiration of the initial term or any renewal term is subject to the remaining basic monthly fees under the terms of this agreement. Therefore, the CUSTOMER shall continue to be obligated to pay for the cost of the services under this Agreement to the date of expiration of the initial term or subsequent renewal term.
12. Either party may assign or contract their responsibilities as contained in this agreement with the consent of the other party. Such consent not to be unreasonably withheld. In such event, the CUSTOMER shall deal with, look for the performance of this agreement to and have remedies for breach of this agreement against the assignee only and SSI/Son-Mar Security Inc. shall, upon such assignment, be released from any obligation to the CUSTOMER hereunder.
13. This agreement constitutes the entire agreement between the parties and no changes can be made, save in writing and signed by both parties. There are no representations, conditions or understandings except those contained in this Agreement.
14. All notices required under this agreement will be in writing and will be emailed or mailed to the address of the party as shown in this Agreement. All notices so sent will be deemed to have been received by the recipient on the following business day following the emailing thereof or on the third business day following the mailing thereof. The address of either party may be changed by providing written notice.
15. This document, when signed by the CUSTOMER and accepted by an authorized SSI/Son-Mar Security Inc. representative, shall constitute a binding contract of purchase of the described services.
16.SSI/Son-Mar Security Inc. may forthwith suspend or cancel service without notice if any payment is overdue or any cheque/PAP not honored, in addition to any other right or remedy it may have. SSI/Son-Mar Security Inc. may also, at its discretion, charge the CUSTOMER the base rate for the months remaining on the contract. If SSI/Son-Mar Security Inc. sends the account to a collection agency, it is understood and agreed that SSI/Son-Mar Security Inc. is entitled to do so for the outstanding balance, plus the value remaining on the contract,plus interest, plus any collection costs it will incur.
17. Under no circumstances will SSI/Son-Mar Security Inc. tolerate discrimination of any form against its personnel or verbal abuse in any form from the CUSTOMER or the CUSTOMER’s personnel at any time. In such circumstances SSI/Son-Mar Security Inc. shall, at its absolute discretion, have the right to terminate the Agreement with immediate effect.
18. Charges for outbound calls to International and special locations as well as Cellular and CLEC calls may vary by area and by the month.
19. All Message Service CUSTOMERs are assigned at least one (1) DID (phone number)and agree to pay the standard Telco Fee which covers some of the telephone costs associated with handling your account.
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Document Name: Elevator Monitoring Service Agreement
Agree & Sign