Terms and Conditions
At Damar Security Systems we believe that we have an obligation to ensure that our customers fully understand the rights and obligations of both parties in the provision and receipt of security alarm protection services. In the following, Damar Security Systems division of Lambton Communications Limited is referred to as “we”, “our” and “us” and the Customer is referred to as “you” and “your”. Your usage of the security alarm system installed and/or monitored by us shall be deemed to be your acceptance of these General Terms of Service.
1. Your security alarm system will utilize communication facilities provided by an independent third party. It is agreed that we assume no responsibility and we have no control over the maintenance or repair of communication facilities provided by third party suppliers and that any service calls made necessary as a result of a failure or malfunction of these facilities shall be chargeable to you at our current and usual service rates. We assume no liability for loss, damage or personal injury to you or your premises as a result of a failure or malfunction of these communication facilities no matter how caused.
2. You should properly operate the Security Alarm System. We will instruct you upon installation of the system and we will provide additional instruction once per year, upon request, at no additional charge. In the event that we receive more than five (5) signals in a twelve (12) month period that require operator action and that are either false or as a result of your failure to operate correctly, we may impose an additional service charge for the added work incurred, and you will pay such additional service charge within thirty (30) days of receipt of an invoice from us.
3. Our obligation relates solely to the monitoring of alarm signals, and the repair of any equipment that may be installed on your premises by us, and we are not obligated to maintain, repair, service, replace, operate or assume the operation of any device of Yours or others, to which our equipment is attached unless provided for in an extended warranty. If equipment requiring repair is not covered by warranty or optional extended warranty a service charge will apply for such repair.
4. If we become aware of a problem or malfunction in the Security Alarm Equipment, we will notify you as soon as possible. Upon such notification our obligations to you shall cease until the malfunction has been corrected and the operation of the signaling system has been tested and you are advised that the system is operational.
5. If your Security Alarm System requires repairs, we will dispatch a qualified service representative as soon as possible during normal business hours that are between 08:00 AM and 4:30 PM, Monday through Friday but excluding statutory holidays. Unless covered by the initial warranty of one year for parts and labour, or an extended warranty, an additional charge may apply for such service. All warranty and extended warranty service is provided during normal business hours only.
6. Outside of normal business hours, you may request immediate service and we will dispatch a service representative as soon as possible. Call-out service charges will apply and you will be asked to authorize these charges prior to a technician being dispatched.
7. We will provide a twenty-four hour alarm monitoring service for the purpose of receiving signals and providing notification to agreed upon authorities. Upon receipt of an alarm signal we will promptly attempt to verify that an emergency condition does not exist, and if unable to verify we will notify the police, fire, or other designated persons of the alarm signal. You will provide written instructions and lists of the authorities or persons to be notified in the event of an alarm. It is your responsibility to promptly advise us, in writing, of any changes, additions or deletions to the list of authorized employees, friends, relatives or other persons, including their telephone numbers.
8. If anyone having proper jurisdiction requires any changes or additions to the Alarm System, such changes or additions will be provided by us and paid for by you at our then current and usual service rates.
9. You authorize us to enter into your premises to install, test, repair, and remove the alarm equipment. The right to remove equipment applies where full payment has not been made for equipment being purchased by you or where equipment owned by us is installed on your premises. Any equipment owned by us will be shown on a Schedule of Protection.
10. Any electrical power including standby batteries necessary for the operation of the alarm equipment is to be provided at your expense.
11. If we hold keys for your premises we assume no responsibility for the loss or theft of such keys, other than to promptly notify you upon discovery of such loss or theft. Any costs for the changing of locks or other security measures are to be borne by you.
12. We may, with your approval, place company decals on doors, windows or other areas deemed necessary by us.
13. LIMITATION OF LIABILITY. We are not an insurer and our services are not intended to be a substitute for proper and adequate insurance. It will be extremely difficult to determine the actual damages that may result from our failure to perform our duties under these terms. You agree that Damar and our agents, employees, and sub-contractors are exempt from liability for any loss, damage, injury, or other consequence arising directly or indirectly from our services or the systems we provide under these terms. If it is determined by any court of competent jurisdiction that Damar or our employees or our sub-contractors are directly or indirectly responsible for any such loss, damage, injury or other consequence, you agree that damages shall be limited to $500.00 or one year’s annual service fee, whichever is greater. These agreed upon damages are not a penalty. They are your sole remedy no matter how the loss, damage, injury or other consequence is caused, even if caused by our negligence, gross negligence, failure to perform duties, strict liability, failure to comply with any applicable laws or other fault. Should you want us to assume a greater liability you will sign our standard agreement for service with an attachment clearly stating the additional liability limits and your acceptance of the additional cost to you.
14. You agree to indemnify us and to hold us harmless from and against any claims or demands which may be asserted against us, and to pay on a solicitor and client basis, collection costs, legal fees, removal costs, bailiff fees, office administration fees and any other reasonable expense incurred because of you not meeting any obligations contained herein or because of any demands, claims or other charges made upon us by you or any other party.
15. It is understood and agreed that we shall not be liable for any loss or damage incurred by you arising out of the delay or failure of any police department, fire service or other agency to respond to an alarm reported to it by us. You agree to pay any false alarm assessments, taxes, fees, fines, or other charges relating to the installation or service provided under these terms which may be duly imposed by any government body or other organization.
16. If any police, fire or other authority should refuse to respond to notification of an emergency condition at your premises or if any authority suspends or downgrades response priority, or imposes other sanctions for any reason whatsoever, including excessive numbers of false alarm dispatches, regardless of the source of the false alarm dispatches, the monitoring service shall not be terminated, suspended or canceled and we shall continue to provide alarm monitoring services provided for herein, and shall, in response to alarm signals notify you or your designated response agency.
17. You acknowledge that the alarm services, detection equipment and communication facilities being provided by us are adequate and sufficient for your requirements. You have the right to request additional protection at any time you should deem necessary, and that we will provide this additional protection at our then current and usual service rates. You acknowledge that you have accepted the degree of protection, signal communication facilities and monitoring services after consultation with your insurance company, the insurance underwriters, an independent security consultant, or any other individual you may wish to consult.
18. We have the right to assign your account to any person, firm or corporation upon written notice to you. You may assign your obligations and rights for this service to any person, firm or corporation only with our written consent. There shall be no subrogation of any rights or obligations herein contained for any reason whatsoever.
19. If you determine that we are in default of any of our obligation(s) contained in these terms, or that we have not performed our obligations as contemplated by our business relationship, you must give both verbal and written notice to us of such default or failure to perform and we shall have a period of ninety (90) days from the date of receipt of such notice in which to correct such default. In the event that we do not correct such default within the time specified, you may then terminate the service without penalty by providing notice in writing to us. Should there be disagreement between Damar and you as to whether or not we have corrected such default the parties hereto agree to submit to independent mediation and the cost of the mediation shall be our responsibility if the mediator rules that we have failed to remedy the stated default(s). In the event that you should determine that you no longer require a security alarm system, or in the case of a residential security alarm system if you should sell your home, you may terminate the service without penalty by giving us notice in writing prior to the closing of the sale of your home and including the names and contact information for the purchaser.
20. If you fail to make any payments to us as and when they become due and payable, or if you breach any of your covenants or obligations, or if you become bankrupt, or if you vacate the premises, then in each such case we have the right to cease providing service to you.
21. Monitoring services provided shall consist of the following conditions unless changed or modified on a schedule attached to these terms: Burglar Alarm Signals, Low Battery Supervisory Signals, Security Alarm Trouble Signals excluding loss of primary AC power, and Supplemental Fire Detection Signals from smoke or heat detectors installed. Keypad emergency keys or buttons may or may not be activated and monitored unless you test them at least once per year.
22. Upon receipt of an alarm signal from your premises we will attempt to verify or confirm that an emergency condition does not exist prior to notification of the authorities and this verification procedure may involve telephone calls to the premises and to you or your representatives. If we are unable to confirm that an emergency condition does not exist then notifications will be made in accordance with written instructions provided by you. You acknowledge that in the event of an accidental alarm you will immediately telephone the Damar Signal Receiving Center and identify Yourself by name and personal identification number or secret password.
23. The Security Alarm Monitoring Service provided in this agreement utilizes your telephone line to report signals to our Signal Receiving Center. You are responsible to provide, at your expense, a conventional telephone line that is operational at all times. In the event that you, or your telephone line service provider, should make any modifications to the telephone line or service to which the Security Alarm Equipment is connected, you will immediately notify us so that we can ensure that there has been no interruption to the alarm reporting capabilities of the telephone line. In the event that any changes or modifications should be required to the Security Alarm System as a result of changes or modifications to the telephone line by others, there may be a service charge at our sole discretion. If a fee is billed for Monthly Recurring Service and Charges for Communication Channel Supervision we will notify you in the event of a loss of communications from your premises.
24. In all communications with us concerning the operation of the security alarm system it is your responsibility to properly identify Yourself through the use of a personal identification number or a secret password known only to you and us. For security reasons, we will not be obligated to accept instructions regarding the security alarm system without such proper identification.
25. If any provision of these terms is found by any Court of competent jurisdiction to be invalid or unenforceable such provision shall be deemed severed from these Terms and Conditions and all other provisions shall remain in full force and effect.
26. In keeping with our policy of full disclosure and while this security system is of an advanced design there are limitations that you should be aware of. No security system will prevent a break-in! We do not offer guaranteed protection against burglary, fire, or other emergency. Any alarm system is subject to compromise or failure to warn for a variety of reasons. Intruders may gain access through unprotected areas or have the technical expertise to bypass or otherwise tamper with the alarm system, or they may simply use brute force to destroy the alarm system before it can transmit its warning message. The security system will not work without continuous power. Where we have installed supplemental heat or smoke detectors these devices may not activate or provide early warning for a variety of reasons including: insufficient heat or smoke in the area of the detector as may be the case where doors are closed, a chimney fire, fire within walls or areas not protected such as confined attics or roofs. Finally, smoke detectors have sensing limitations, meaning, they may not sense every fire every time. Intrusion detectors can only sense movement within their specified fields of view. Intruders may be able to avoid being detected despite the fact that the detector functions in accordance with published specifications. They cannot detect movement or intrusion behind walls, ceilings, floors, closed doors, glass partitions, glass doors or windows. Mechanical tampering, masking, spraying or painting any of the optical system of motion detectors can reduce their detection ability. If the ambient temperature of the protected area approaches 90o F to 105o F the detection performance will decrease significantly. Glassbreak detectors can be affected by changes in the environment including carpeting, drapery, and room furnishings. Generally telephone lines are needed to transmit alarm signals from your premises to our Signal Receiving Center and in the event of a failure of these communication lines signals may not be received. Communication lines are subject to compromise or cutting and the Signal Receiving Center may not know about the compromise, failure or cutting. We do offer alternative and/or redundant communication methods and you are advised to have us provide such alternatives if there is any possibility for telephone line tampering or cutting. Upon being notified of an alarm condition the responding authorities may not respond appropriately or in time to prevent loss or damage.
26. The Canadian Privacy Act applies to information that you provide to us for the provision of the monitoring service. Please refer to our Privacy Statement on our Web site – www.damarsecuritysystems.com or you may request a copy of the policy by contacting our office.
27. These terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada. Further, these General Terms of Service may be revised from time to time and it shall be your obligation to visit our Website at www.damarsecuritysystems.com to obtain an updated copy.
28. All written correspondence to Damar shall be addressed to Damar Security Systems, 506 Christina Street North, Sarnia Ontario N7T 5W4, or such other address as may be provided from time to time.
29. There are no verbal understandings changing or modifying any of these terms. Any modifications to these terms shall be clearly stated on an attachment to these terms only after being signed by you and us.
The foregoing General Terms of Service are provided here as a guideline only and where there is a written agreement for service that agreement shall take precedence over the above terms.
The following information is provided for Ontario residential security alarm system customers who sign an agreement for service in their place of residence. (Other provinces will have similar Consumer Protection Legislation.)
Your Rights Under the Consumer Protection Act, 2002, Ontario:
You may cancel this agreement at any time during a period that ends ten (10) days after the day you receive a written copy of the agreement. You are not required to give Damar a reason for cancelling during this ten-day period.
If Damar does not make delivery within thirty (30) days after the delivery date specified or mutually agreed upon or if Damar does not begin performance of Damar’s duties within thirty (30) days of the agreed upon commencement date, provided that such delay is within the control of Damar, you may cancel this agreement at any time before delivery or commencement of performance. You lose the right to cancel after the thirty (30) day period has expired and you agree to accept delivery and/or you authorize Damar to commence performance.
If the delivery date or commencement date is not specified in this agreement and Damar does not deliver or commence performance within thirty (30) days after the date this agreement is accepted by an officer of Damar you may cancel this agreement at any time before delivery or commencement of performance. You lose the right to cancel after the thirty (30) day period has expired and you agree to accept delivery and/or you authorize Damar to commence performance.
In addition there are other grounds that allow you to cancel this agreement. You may have other rights, duties and remedies at law. For more information you may contact the Ministry of Consumer Services, Ontario Government.
To cancel this agreement you must give notice of cancellation by any means that allows you to prove the delivery of notice and the date to Damar Security Systems, a Division of Lambton Communications Limited at 506 Christina Street North, Sarnia Ontario, N7T 5W4, 519-332-1234, fax 519-336-7508 or e-mail: admin[at]damar.net.
If you cancel this agreement Damar has fifteen (15) days to refund in full any payment you have made and return to you any goods accepted by Damar as a trade-in arrangement.
However, if you cancel this agreement after having requested goods or services from Damar and after having requested delivery, installation or commencement of performance prior to the expiration of the ten (10) day cancellation period Damar is entitled to reasonable compensation for the goods and/or services that you received before the earlier of the eleventh (11th) day after the acceptance of this agreement by an office of Damar or the date on which you gave notice of cancellation to Damar. Goods that may be reposed by or returned to Damar in good and usable condition are excepted from reasonable compensation.
If you cancel this agreement you must take reasonable care of any goods that came into your possession under this agreement until one of the following:
- • If Damar requests in writing the repossession of any goods that came into your possession under the agreement then you must return the goods to Damar at the address shown herein;
- • You allow Damar to reprocess the goods;
- • You allow a representative of Damar to reprocess the goods;
- • You have given Damar a reasonable opportunity to repossess the goods and twenty-one (21) days have passed since the agreement was canceled;
- • Damar directs you to destroy the goods and you do so in accordance with Damar’s instructions.