Terms of Alarm Monitoring Agreement
1. I/we (the payor) authorize SSI/Son-Mar Security Inc. (the payee) to withdraw Pre-Authorized Monitoring Payments from the designated bank account/credit card, of which I/we are authorized signatory. I/we have specified the correct banking information or I/we have provided my/our Credit Card information for the purpose of this SIGNED PRE-AUTHORIZED DEBIT AGREEMENT. Your first month/years monitoring payment is due the day of alarm install. Payment of first Monitoring Invoice in full acknowledges payor/customer agreement to set terms and conditions set out in this agreement.
2. I/we agree that all the services are to be paid in advance to SSI/Son-Mar Security Inc. and I/we understand that SSI/Son-Mar Security Inc. does not offer refunds. I/we the payor agree that any monthly pre-authorized payment that is returned “NSF” will result in an additional $20.00 charge. An invoice for that months monitoring as well as the $20.00 “NSF” fee will be mailed/Emailed to the payor for immediate payment.
3. As per my/our subscription order product or original install invoice, this amount will be deducted from My/Our Bank Account/Credit Card. I/we understand that I/we may CANCEL this pre-authorized payment agreement at any time by providing written notice via mail to SSI/Son-Mar Security Inc. at 1119 Kantola Rd. Lively ON P3Y 1H8 or via email. Email can be sent to email@example.com, however in order for email to take effect customer must receive a confirmation email from SSI/Son-Mar Security Inc. stating they have received customers email. This notification must be received at least 10 days before the next scheduled debit along with another method of payment. A sample cancellation may be obtained from my financial institution or on line at https://WWW.PAYMENTS.CA
4. Interest Charged. The Customer hereby agrees to pay interest to SSI/Son-Mar Security Inc. if SSI/Son-Mar Security Inc. does not receive any payment within 30 days of the due date. The interest shall accrue at the rate of 24% per year as of the thirtieth day following the due date, and every subsequent month. If the Customer does not make payments in a timely fashion, SSI/Son-Mar Security Inc. may terminate any lease of Equipment and/or Service upon 15 days written notice (via mail or email) to the Customer.
5. Default by Customer. Any failure by the Customer to pay when due the payments or other charges provided by this Agreement or breach of this Agreement by the Customer shall give SSI/Son-Mar Security Inc. the right to terminate this Agreement, and, in addition to and without waiving any other remedies, to avail itself of any legal remedy, including but not limited to, the right to repossess leased Equipment with or without notice and without obligation to redecorate or repair the premises or any other liability; charge interest at an annual rate of 24% 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.
6. The Monitoring Agreement is for an initial term of 36 months. The amount detailed on your Monitoring Invoice will be the amount paid and shall automatically renew itself from year to year. Either party may terminate this monitoring agreement at the end of the first term (first term is for 36 months) or any subsequent term thereafter upon at least 30 days prior written notice to the other. Automatic Renewal. Any lease of Equipment and/or Service supplied pursuant to this Agreement will be automatically renewed at its expiration on a month to month basis. The Customer can prevent the automatic renewal by delivering to SSI/Son-Mar Security Inc. a written notice (via mail or email) at least 30 days prior to the renewal date or, if automatically renewed on a month to month basis, the end of the month on which the Customer wishes any lease of Equipment and/or Service to terminate. However, the Customer must pay for any lease of Equipment and/or Service to the end of the month in which same is terminated.
7. I agree that the monitoring station will verify, or attempt to verify alarm signals received by it from the premise before dispatching services. SSI/Son-Mar Security Inc. or the Monitoring Station shall incur no liability for any loss, damage, personal injury or any other. sustained as a result of any such verification nor attempted verification.
8. I agree that I am responsible for ensuring that the equipment & the communications channel with the monitoring station work properly by performing REGULAR SECURITY SYSTEM TESTS, at least ONCE A MONTH. This TEST is especially important if I change my current phone system to Voice Over IP (VOIP) or make any phone changes at all.
9. I am aware that my alarm system will be fully operational on the completion day of the install. However the monitoring of my alarm could take up to 48 hours to take effect after SSI/Son-Mar Security has received this signed Terms of Alarm Monitoring Agreement.
10. I/we agree that if any changes have occurred to the alarm system after the date of installation that we will notify SSI/Son-Mar Security Inc. in writing that the alarm system will require verification service. I/We will not hold SSI/Son-Mar Security Inc. accountable for any and all issues that may arise due to a malfunctioning Alarm Partition or Zone that has been changed after the date of installation. No Modification of Equipment. The Customer shall ensure that the premises monitored by the Equipment is well maintained and allow the Equipment to adequately operate and shall advise the Security Provider in writing of any changes to the configuration of such premises. 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, he/she remains entirely responsible for the equipment and for his contractual commitment. The Customer is responsible for informing the Security Provider of his/her move by registered mail and for supplying the date and address for the purpose of reinstalling the Equipment.
11. I/we understand that Fire Alarm monitoring requires dual communication. The first being a land line or VOIP service, the second, a ULC Listed GSM (Cellular) Communicator or IP Communicator. SSI/Son-mar Security Inc. is not responsible for ensuring dual communication is installed on the premise.
12. I/We agree that it is the responsibility of the premise owner/occupant to ensure communication between the monitoring station and Alarm control panel. Remote Monitoring Services. The Equipment for Remote Monitoring Services includes a communicator that sends signals to the Monitoring Station over the Customer’s regular telephone service. The Customer will pay for all telephone charges including any installation or repair fee charged by telephone company for a special jack to connect the system to the Customer’s telephone service. SSI/Son-Mar Security Inc. recommends the use of a CA38A or equivalent telephone jack to give the system priority over other telephones in the Customer’s home; however, when the Equipment is activated, the Customer will be unable to use the Customer’s telephone to make other calls such as calls to the emergency 911 operator. Therefore, Customer may wish to have the system connected to a separate telephone line. If the Customer’s telephone is out of order, placed on vacation status or otherwise not working, signals cannot be transmitted and the monitoring station may be unaware of the telephone service problem. The Customer acknowledges that if he/she cancels their phone line or replaces its existing telephone service with any form of internet protocol telephony service (i.e. voice over internet protocol telephony or “VOIP”) an alarm signal will not reach the Monitoring Station. The Customer acknowledges that if the Equipment uses a digital communication with the Monitoring Station, the Equipment may not be able to transmit alarm signals to the Monitoring Station through VoIP without further modification. The Customer will notify SSI/Son-Mar Security Inc. of such a telephone service replacement for the purpose of scheduling an inspection and modification of the Equipment. Additional equipment such as, but not limited to, an Internet Protocol Monitoring Device (IPMD) will be installed as needed in the Equipment during the modification to enable the Equipment to communicate to the Monitoring Station. All modification work will be performed on a time and material basis at the Customer’s expense. The Customer acknowledges that failing to notify SSI/Son-Mar Security Inc. of any such replacement of its existing telephone service with any form of VoIP may result in the loss of alarm signals and the disruption of monitoring services, through no fault of SSI/Son-Mar Security Inc. The Customer acknowledges that the use of internet can cause signals not to transmit in the event of a power or modem failure. If radio or cellular monitoring service is selected by the Customer, SSI/Son-Mar Security Inc. will utilize a radio frequency for transmitting alarm signals from the system to the Monitoring Station. The Customer acknowledges that the use of radio frequencies are controlled by the Canadian Radio-Television and Telecommunications Commission and local regulatory agencies and changes in rules, regulations and policies may necessitate discontinuing or modifying such transmission facilities. The Customer further acknowledges that radio frequency transmissions may be impaired or interrupted by atmospheric conditions, including electrical storms, power failures or other conditions and events beyond the Security Provider’s SSI/Son-Mar Security Inc. control.
13. Limitation of Liability of Security Provider. The Customer releases the Security Provider SSI/Son-Mar Security Inc. 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 SSI/Son-Mar Security Inc. is not an insurer, that the protection offered to him/her pursuant to this Agreement is limited and not absolute, that the amounts payable by him/her 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 Security Provider SSI/Son-Mar Security Inc. 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 SSI/Son-Mar Security Inc. MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANT ABILITY 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 SSI/Son-Mar Security Inc. 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 $75 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 SSI/Son-Mar Security Inc., 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 THEREFOR, UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. IT IS FURTHER AGREED THAT THE LIMITATIONS ON LIABILITY EXPRESSED HEREIN SHALL ENSURE TO THE BENEFIT OF AND APPLY TO ALL PARENT, SUBSIDIARY AND AFFILIATED COMPANIES OF THE SECURITY PROVIDER SSI/Son-Mar Security Inc.
14. Consent to the Collection, Use and/or Disclosure of Your Information – In this section, the word “Information” means personal, financial and other details about you that you provide to us and we obtain from others outside our organization, including through products and services you use. You agree that, at the time you begin a relationship with us and during the course of our relationship, we may collect, use and disclose your Information, including for but not limited to the purposes of: identifying you, providing ongoing service, protecting us both from fraud and error, complying with legal and regulatory requirements, and marketing products and services to you by telephone, fax, at the numbers you have provided us, or by internet, mail, email and other methods.
15. Personal Information.The Customer confirms that the information he/she is providing to the Security Provider SSI/Son-Mar Security Inc. is true and complete and shall notify the Security Provider SSI/Son-Mar Security Inc. without delay of any change to his/her personal information. 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 (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 Security Provider SSI/Son-Mar Security Inc., its affiliates, its subsidiaries and their respective successor corporations, or any subcontractor or assignee of this Agreement. The Customer authorizes the Security Provider SSI/Son-Mar Security Inc. 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 Security Provider SSI/Son-Mar Security Inc. and/or any subcontractor or assignee of this Agreement or third party monitoring company and will only be available to the personnel at the Security Provider SSI/Son-Mar Security Inc. 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, the Security Provider SSI/Son-Mar Security Inc. , attention: Privacy Officer. The Customer may contact the Security Provider SSI/Son-Mar Security Inc. to obtain information about the Security Provider’s management of personal information and to address any complaints at the Security Provider’s address set forth on this Agreement. The Customer consents to the receipt of the Security Provider’s SSI/Son-Mar Security Inc. promotional materials and information concerning other services and products offered by the Security Provider SSI/Son-Mar Security Inc. via mail or email at the address(es) set forth in this Agreement, or as updated by the Customer from time to time.
16. This agreement is signed in the Country of Canada.
17. I/We the customer are responsible for any cost of collections regarding monies owed to SSI/Son-Mar Security for nonpayment of monitoring invoices or upon default of this agreement as stated above. All charges become due and payable upon default of customer to fulfill the terms of this agreement.
18. The Customer may not transfer or assign his/her rights pursuant to this Agreement without the prior written consent of the Security Provider SSI/Son-Mar Security Inc., which consent may be arbitrarily withheld or delayed. The Security Provider SSI/Son-Mar Security Inc. 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 Security Provider SSI/Son-Mar Security Inc. hereunder. Furthermore, the Security Provider SSI/Son-Mar Security Inc. shall be entitled to sub-contract any services it is to perform hereunder. This Agreement shall also ensure to the benefit of and apply to any assignee, subcontractor or any other party performing any of the obligations provided for herein.
19. SSI/Son-Mar Security and the Monitoring Station are not responsible for Police Registrations or other Fines associated with your alarm(s). I/We the Customer agree to pay for all false alarm registrations or fines according to Police False Alarm Rates in our area. For further information regarding Police False Alarm Rates, registrations and fines for your area click on the following link https://mySSIgroup.com/ssi-customers/police-dispatch
20. Force Majeure. The Security Provider SSI/Son-Mar Security Inc. 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 Security Provider SSI/Son-Mar Security Inc. shall use commercially reasonable efforts to recommence performance as soon as reasonably possible.
Proceed to https://mySSIgroup.com/ssi-customers/police-dispatch for further information on your areas registrations and fines.
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Document Name: Terms of Alarm Monitoring Agreement
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