Terms and Conditions
In the following Damar Security Systems division of Lambton Communications Limited is referred to as “Damar”, “we”, “our” and “us” and the Customer whose name appears on the Agreement is referred to as “you” and “your”. A large font version of these General Terms of Service may be obtained by calling 519-332-1234, or by e-mail: email@example.com
- This document is referenced in an agreement for service and details the relationship between you, the Customer and Damar Security Systems and are the General Terms of Service for electronic security services provided by us. Depending upon the services specified in the agreement certain provisions contained herein may not apply to you. Your use of and/or payment for the services means that you accept these Terms of Service as contained herein unless modified in writing and approved by you and us. It will be your responsibility to notify us in writing if you do not agree to any of the terms and conditions stated herein and if the parties to the agreement can not resolve the objections you should cease using the services. We reserve the right to modify the General Terms of Service at any time and you can view and print them at www.damarsecuritysystems.com. It is expressly understood and agreed that we will not commence the provision of service until such time as you provide us with complete contact information including names, telephone numbers and text and e-mail addresses.
General Provisions Applicable to all Services
- You agree that the payments due under this agreement are based on your commitment to a minimum term of service as specified on the agreement. There are two distinctly different fees shown on the Agreement – Damar fees and Third Party Fees. We shall have the right to increase Damar charges for service at any time after the first year of the agreement. If you object in writing to the increase within thirty (30) days of receiving a notice of the increase, or within thirty (30) days of receiving an invoice with the increased amounts for service, and if we do not waive the increase, then you may terminate the agreement by providing written notice to us and early termination charges in paragraph 3 will not apply except where any purchase, installation or upgrade charge has been waived or reduced in which case early termination charges will apply in the amount of eighty-five (85%) percent of the then remaining payments at the pre-increase rates. Third Party Fees are beyond our control and may be adjusted at any time based on changes in the fees charged to us and such increase shall not give rise to termination of the agreement.
- The agreement shall automatically renew for successive terms of five (5) years or such other renewal period as specified in the agreement until one party gives notice to the other party of its desire to terminate the agreement at the end of the initial term or subsequent renewal term with a minimum of thirty (30) days’ notice prior to the end of the term. In the event of an early termination of the agreement by you for any reason whatsoever early termination charges in the amount of eighty-five (85%) percent of the then remaining Damar monthly fees to the end of the then current term will become due and payable. If the agreement indicates that any purchase, installation or upgrade charge is waived or reduced and if you should terminate this agreement then early termination charges will be calculated at the rate of one hundred (100%) percent. Early termination charges are not a penalty.
- If you determine that we are in default of any of our obligations contained in the agreement, or that we have not performed our obligations as contemplated by the agreement, 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. If we do not correct such default within the time specified, you may then terminate the agreement without penalty by providing notice in writing to us. Should there be disagreement between Damar and you as to whether or not we have defaulted in our obligations or failed to 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). During any such mediation the agreement will continue in full force and effect until a final ruling by the mediator. Should you terminate this agreement without providing notice as provided for herein, or prior to a final ruling by the mediator you will be in default of your obligations under this agreement.
- If you fail to make any payments hereunder as and when they become due and payable, or if you breach any of your covenants or obligations, or if you become bankrupt, enter into receivership, or if you vacate the premises, then in each such case you will be in default of your obligations and all amounts payable until the expiration of the then current term shall immediately become due and payable as provided for herein. We may at our option and without prejudice to such other rights as we may then have, enter your premises and remove any equipment owned by us, and such removal shall not in any way affect your obligation to pay as specified herein.
- You acknowledge that the services provided for in the agreement, including but not limited to intrusion alarm detection equipment, fire alarm monitoring equipment and communication facilities are adequate and sufficient for your requirements. You have the right to request additional detection equipment at any time you should deem necessary, and that we will provide this additional protection at our then current and usual rates. You acknowledge that you have accepted the degree of detection, 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 and you are not relying solely on our recommendations.
- LIMITATION OF LIABILITY. Please read carefully. You acknowledge and agree to the following: (a) Damar is in the business of selling, installing, servicing and monitoring intrusion alarm systems, fire alarm monitoring systems, customer equipment monitoring systems, access control systems, video monitoring and recording systems and other electronic security devices and systems and that no matter how good the system is, or how carefully it is installed and serviced the possibility of failure does exist, therefore we do not guarantee that no loss or damage will occur; (b) Damar is not an insurer;
(c) The equipment and services that we provide do not cause and cannot eliminate, lessen, or prevent the perils they are intended to detect, including but not limited to fires, floods, burglaries, robberies, equipment malfunction, and medical problems;
(c) The service provided for in the agreement is not, nor is it represented to be a substitute for adequate and sufficient insurance;
(d) Each party to this agreement will obtain and maintain sufficient insurance to protect that party’s interests and each party will look only to their own insurance coverage for any compensation for loss, damage, injury or death no matter how caused;
(e) It is the intention of the parties hereto that neither party shall be responsible to the other party for any loss, damage, injury or death arising by reason of the agreement for service or the relationship created by the agreement for service or for any services rendered by either party pursuant to the agreement for service;
(f) You hereby waive any and all claims for any loss, damages, injury or death against Damar and our agents, employees, and sub-contractors and We hereby waive any and all claims for any loss, damages, injury or death against You;
(g) You agree that Damar and our agents, employees, and sub-contractors are exempt from liability for any loss, damage, injury, death or other consequence arising directly or indirectly from our services or the systems we provide under the agreement;
(h) You agree that it is impractical and extremely difficult if not impossible to determine the actual damages, if any, that may result from our failure to perform any of our obligations under this agreement and under no circumstances will you attempt to hold us liable for any consequential or incidental damages, including but not limited to damages for personal injury or death or damages to or loss of property.
(i) You must bring any claim arising out of this Agreement or related to the Services within one (1) year after the date on which the claim arose or within the shortest duration permitted under applicable law if such period is greater than one (1) year and that if you do not, you waive, to the extent permitted by law, all rights you may have with respect to such claim and Damar and our agents, employees, and sub-contractors shall not have any liability to you with respect to that claim;
(j) If it should be determined by any court of competent jurisdiction that Damar and our agents, employees, and sub-contractors are directly or indirectly responsible for any breach of contract, negligence, loss, damage, injury or other consequence, you agree that damages shall be limited to $500.00 or one year’s Damar Monthly Recurring Fees under the agreement, whichever is greater;
(k) These agreed upon damages are not a penalty;
(l) The agreed upon damages 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 under the agreement, strict liability, failure to comply with any applicable laws or other fault;
(m) The payments you make to Damar under this agreement are not related to the value of the premises, your possessions, or the persons occupying or at any time present in or on the premises and unlike insurance are based on the cost of the system and the services provided, and take into consideration the protections afforded to Damar under the agreement and these General Terms of Service;
(n) You may request that we assume a greater limitation of liability and if we agree we will attach an addendum to this agreement stating the extent of our additional liability and the additional cost to you;
(o) We are not an insurer even if we enter into an amendment to assume a greater limitation of liability.
- INDEMNIFY. You agree to indemnify us from and against any and all claims, costs, suits and damages, including legal fees on a solicitor and client basis, arising out of our performance, or non or part performance of the Agreement or any alleged or actual negligence by us, which may be asserted against us by you or any other party, 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 of your obligations with regards to the Agreement or because of any demands, claims or other charges made upon us by you or any other party. It is the intentions of the Agreement and General Terms of Service that you are the sole beneficiary of the services we are providing and you acknowledge that there are no third party beneficiaries to the services provided under the Agreement unless named in an addendum attached to and forming part of the Agreement. Should any third party benefit from the services we provide under this agreement you agree to indemnify us as provided for herein.
- Damar shall not be liable for any loss or damage incurred by the Customer arising out of the delay or failure of any police department, fire department or other agency to respond to an alarm reported to it by Damar. The Customer agrees to pay any false alarm assessments, taxes, fees, fines, or other charges relating to the installation or service provided under this agreement which may be duly imposed by any government body or other organization.
- We have the right to assign the agreement to any person, firm or corporation upon written notice to you. You may not assign your obligations and rights under the agreement to any person, firm or corporation without our prior written consent. There shall be no subrogation of any of your rights or obligations herein contained without our prior written consent.
- In certain cases these Terms of Service grant to us the right to enter into your premises to remove equipment. We will use reasonable care and consideration in the removal of equipment however we are not obligated to patch, repair, paint, or otherwise restore any surface on which the equipment, wiring or conduit were mounted. We shall have the right to abandon any equipment, wiring or conduit at our sole discretion. If you refuse to grant us access to your premises to remove any equipment, or if you have permitted any third party to remove our equipment, or tampered with it in any way, you agree to pay within ten (10) day after receipt of an invoice the fair market value for the equipment.
- We will not be liable or obligated in any manner, nor shall it be considered a breach of our obligations hereunder, should we be unable, due to equipment failure, communication facility failure, acts of God or any other cause beyond our control to provide to you the service described herein.
- 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.
- You consent to the written and/or electronic recording of all telephonic communications between persons in or on your premises, your representatives and employees and Our employees, representatives and agents.
- If any provision of the agreement or the General Terms of Service is found by any Court of competent jurisdiction to be invalid or unenforceable such provision shall be deemed severed from the agreement or the General Terms of Service and all other provisions shall remain in full force and effect.
- The Canadian Privacy Act applies to information that you provide to us for the provision of the service under the agreement. 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.
- The agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada and any action related to the agreement shall be brought in Sarnia Ontario, or other location subject to our approval.
- For the purposes of the agreement, 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.
- There are no verbal understandings changing or modifying any of the terms of this agreement. Any modifications to this agreement shall be clearly stated on an attachment to this agreement only after being signed by You and Us. If any terms in the Agreement or General Terms of Service are inconsistent with any other document, agreement, purchase order or understanding between the parties hereto, the terms contained herein shall govern unless such inconsistent are accepted in writing by Us.
ADDITIONAL PROVISIONS FOR ALL ALARM MONITORING SERVICES
- We will provide a twenty-four-hour alarm monitoring service for the purpose of receiving alarm, trouble and supervisory signals and providing notification to the agreed upon authorities. Upon receipt of an alarm signal we will promptly attempt to verify that an emergency condition does not exist, and if we are unable to verify we will notify the police, fire, or other designated persons of the alarm signal. Upon receipt of a trouble or supervisory signal we will notify you and those persons on your call list. Our notification procedure will follow the call list in the order you have specified until either we reach your representative, or if we are unable to reach anyone we will leave a message at the first answering machine we reach. Alternatively, we will send text or e-mail messages to the call list you provide. Messages left on answering machines and/or text/e-mail messages shall be regarded as fulfillment of our obligations to notify you.
- You agree to provide written instructions and lists to Damar of the authorities or persons to be notified in the event of an alarm and you agree to promptly advise Damar, in writing, of any changes, additions or deletions to the list of authorized employees, friends, relatives or other persons, including their telephone numbers. There is no charge to update the notification list when modifications are received from the customer. To the best of our ability we will contact you when we discover outdated or incorrect call list information and an administration charge may apply as compensation for our additional costs incurred.
- You should properly operate the Security Alarm System. We will instruct you upon installation of the system and we will provide additional instruction via the telephone, upon request, at no additional charge. There will be a nominal fee charged for on-site instruction at your request.
- 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 agree to pay such additional service charge within thirty (30) days of receipt of an invoice from us.
- If we become aware of a problem or malfunction in the Security Alarm System Equipment or communication facilities, we will notify you as soon as possible unless you request that we hold the signal until the next business day. Upon such notification our obligations to you for monitoring service shall cease until the malfunction has been corrected and the operation of the signalling system has been tested.
- If your system requires repairs, we will repair as soon as possible during normal business hours that are between 0800 and 1630, Monday through Friday but excluding statutory holidays. An additional charge may apply for such service. If an amount is shown on the agreement for Extended Warranty or System Service Fees, materials and normal business hours’ labour will be provided at no additional charge.
- Outside of normal business hours, you may request immediate service and we will dispatch a service technician as soon as possible. Callout service charges will apply and you will be asked to authorize these charges prior to a technician being dispatched. If there is an amount shown for Extended Warranty, there is no charge for materials used on calls outside of normal business hours.
- All monitored security alarm systems depend upon communication facilities provided by third parties. You understand and agree that we can not receive signals nor can we respond or notify anyone if communication facilities have failed for any reason.
- 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, this agreement 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.
- If anyone having proper jurisdiction should require 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.
- You authorize us to enter into your premises during normal business hours, or upon your request, to install, test, repair, and remove the alarm equipment. Any right contained herein to remove equipment only applies where we have retained ownership or where full payment has not been made for equipment being purchased by you.
- Any electrical power necessary for the operation of the alarm equipment is to be provided at your expense.
- If we hold keys for your premises we assume no liability or 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.
- We may, with your approval, place company decals on doors, windows or other areas deemed necessary by us.
ADDITIONAL PROVISIONS FOR INTRUSION ALARM MONITORING SERVICES
- Monitoring services provided under the agreement shall consist of the following conditions unless changed or modified on a schedule attached to and forming part of the agreement:
(a) Intrusion Alarm Signals;(b) Supplemental Fire Detection Signals from smoke or heat detectors installed under the agreement; and(c) other ancillary or “customer equipment” detection devices shown on the agreement.
- Keypad emergency keys or buttons are not activated nor are they monitored unless a charge is shown on the agreement for these keys or buttons. We may monitor low battery and primary A.C. failure for service purposes only. You shall not rely upon such monitoring for any other purpose. You may request that we monitor these conditions as a supervisory condition for an additional fee.
- 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 to the authorities. 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 this verification procedure may take up to five (5) minutes or longer if required by the responding authority. You acknowledge that in the event of an accidental alarm it is your responsibility to immediately telephone the Damar Signal Receiving Center and identify yourself by name and personal identification number or secret password and indicate that there is no emergency.
ADDITIONAL PROVISIONS FOR RESIDENTIAL SERVICE
- If you offer your home for sale you agree to disclose to the Listing Real Estate Agent and/or potential purchasers that there is a security alarm system in the home subject to the terms and conditions of the agreement, and such disclosure is to be part of the Offer of Sale and Purchase Agreement. Residential Customers may terminate the agreement without penalty or bonus if you sell your home provided that you complied with the disclosure required herein and you give us written notice not less than five (5) business days prior to the closing of the sale and you provide us with the names and proper and sufficient contact information for the purchaser.
- Ontario Consumer Rights legislation. The following provisions apply only for residential service if you sign an agreement for service in your home.
- You may cancel the 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 (10) day period;
- You may cancel the agreement if Damar does not make delivery within thirty (30) days after the agreement date, or other delivery date mutually agreed upon provided that such delay is within the control of Damar. Otherwise you agree to accept delivery and you authorize Damar to commence performance;
- If the delivery date or commencement date is not specified in the agreement and Damar does not deliver or commence performance within thirty (30) days after the date the agreement is accepted by an officer of Damar you may cancel the 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 may be other grounds that allow you to cancel the 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 the agreement you must give written notice of cancellation by any means that allows you to prove the delivery of notice and the delivery date to Damar Security Systems, a Division of Lambton Communications Limited at 506 Christina Street North, Sarnia Ontario, N7T 5W4, fax 519-336-7508 or e-mail: firstname.lastname@example.org;
- If you cancel the 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 the 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 the agreement by an officer 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 exempt from reasonable compensation. Installation labor costs and any direct “out-of-pocket” costs incurred by Damar shall be included in reasonable compensation;
- If you cancel the agreement you must take reasonable care of any goods that came into your possession under the agreement until one of the following:(a) Damar requests the repossession of any goods that came into your possession under the agreement and you must return the goods to Damar at the address shown herein; or(b) You allow Damar to remove the goods from your premises during normal business hours; or
(c) Damar directs you to destroy the goods and you do so in accordance with Damar’s instructions.
ADDITIONAL PROVISIONS FOR SUPERVISION OF CUSTOMER EQUIPMENT
- If the agreement specifies a monthly rate for customer equipment supervisory monitoring you acknowledge that we have no control over the operation, maintenance, repair or reliability of your equipment that we are monitoring and we have no control over the number of signals that will be sent. The monthly rate provides for a maximum of five (5) operator action events within a one (1) month period. Operator action events in excess of five (5) per month per paid monitored zone will incur an additional charge of $5.00 each. If there is no monthly rate shown for the monitoring of supervisory conditions, then all operator actions related to supervisory equipment monitoring are subject to a charge of $ 10.00 each. An operator action event is defined as the receipt of a supervisory or trouble signal, notification to your representative, a follow-up call if the event is not restored, and a final confirmation that everything is back to normal. You must test supervisory conditions once per month by first calling us to advise of a test and a second call to confirm that we received the signal. Test signals are not counted as operator actions.
- Upon receipt of a supervisory signal we will commence calling persons on the call list until we reach someone. If we are unable to reach anyone we will leave a message at the first telephone number that permits us to leave a message or we will send a text or e-mail message. This will be considered to be fulfillment of our obligations to you. You are encouraged to provide us with home and cellular phone numbers and e-mail or text addresses and you and the people on your call list should answer our calls.
- In order to provide the proper service to you, all supervisory and trouble conditions should be arranged to transmit “restore” signals indicating that the condition being monitored has returned to normal. If we do not receive a restore signal within twelve (12) hours of the initial event we will again attempt to contact you as a reminder that the condition has not returned to normal.
- If excessive signals are received you will first be advised and requested to apply corrective measures to reduce the number of signals being sent, and if the number of signals being sent are not reduced then we may, at our option apply measures to limit the number of signals being transmitted and this shall be done at your expense.
- Our agreement and our General Terms of Service contain clauses that establish limits of our liability for any loss or damage that may occur for any reason whatsoever, including supervising your equipment. You have the right to request that we accept an increased limit of liability and if we agree we will attach a rider to the agreement setting forth the increased limit of liability and the additional cost to you. Any such rider increasing our limitation of liability does not make us an insurer and it is not the intentions of the agreement, these Terms of Service, or any rider that may be attached that we become an insurer. If you are of the opinion that the failure of any equipment that we agree to supervise will result in any form of loss you will purchase insurance coverage for such loss and you will look to your insurer for compensation, and not look to Damar for such compensation.
ADDITIONAL PROVISIONS FOR WIRELESS DETECTION DEVICES
- Wireless detection devices including smoke detectors and any other battery operated devices must be tested monthly and batteries replaced in accordance with the manufactures instructions and that the you are responsible to check and replace batteries.
- If low battery supervision is provided for wireless devices that we supply and install we will notify you during normal business hours of any supervisory signals received.
ADDITIONAL PROVISIONS FOR FIRE ALARM SYSTEM MONITORING SERVICE
- Damar will provide an alarm monitoring service twenty-four hours a day for the purpose of receiving signals from your fire alarm system and notification of agreed upon authorities. We will monitor for a common alarm signal from your fire alarm system. In addition, we will monitor for trouble conditions that may arise with your fire alarm system. In many cases the fire alarm system will incorporate ancillary building fire safety system equipment and we will monitor these supervisory conditions. Upon receipt of an alarm signal, we will notify the fire department, and/or other designated persons of the alarm signal. Upon receipt of a trouble or supervisory signal we will notify your representative.
- You agree to provide written instructions and lists to Damar of the authorities or persons to be notified in the event of an alarm and you agree to promptly advise Damar, in writing, of any changes, additions or deletions to the list of authorized employees, friends, relatives or other persons, including their telephone numbers. There is no charge to update the notification list when modifications are received from the customer. An administration charge may apply when Damar discovers outdated or incorrect information.
- Damar’s obligation herein relates only to the monitoring of alarm signals, and the inspection and repair of any alarm signal transmission equipment that may be installed on the Customer’s premises by Damar. Damar is not obligated to maintain, repair, service, replace, operate or assume the operation of the Customer’s fire alarm system.
- If your system requires repairs, we will repair as soon as possible during normal business hours that are between 0800 and 1630, Monday through Friday but excluding statutory holidays. An additional charge may apply for such service. If an amount is shown on the agreement for Fire Alarm System Monitoring System Extended Warranty or Fire Alarm Monitoring System Service Fees, materials and normal business hours’ labour will be provided at no additional charge.
- If an amount is shown for “Damar Equipment Annual Test” on page one hereto Damar will conduct an annual operational test of the alarm transmission equipment in accordance with CAN/ULC-S561 (a National Standard of Canada governing fire alarm monitoring services.)
- If an amount is shown for “Certificate of Compliance” Fee on page one hereto Damar will provide a certificate attesting to compliance with the requirements of CAN/ULC-S561. Where a Certificate of Compliance is provided an annual inspection must be performed in accordance with that Standard. Unless an amount is shown for “Damar Equipment Annual Test” on page one hereto the customer will be billed at Damar’s usual and normal service call rate for the required inspections. The cost of an annual inspection is not included in the “system service fees” shown on page one hereto.
- Damar shall monitor signals from the Customer’s Fire Alarm Control Unit as shown on page one hereto. In addition, Damar will monitor trouble conditions resulting from wiring problems or interruptions between the Customer’s Fire Alarm Control Unit and Damar’s equipment, Damar equipment status and low battery signals from Damar provided equipment.
- It is agreed that upon receipt of an alarm signal from the Customer’s premises notifications will be made in accordance with written instructions provided by the Customer. Unless authorized in writing by the authority having jurisdiction the notification to the fire department will be the first notification. The Customer acknowledges that in the event of an accidental alarm the customer or his representative will immediately telephone the Damar Security Response Center and identify himself by name and personal identification number or secret password.
- Upon receipt of a Fire Alarm Control Unit Trouble and/or Supervisory Signal, Damar shall have the right to delay response to the trouble signal for a period of time as determined by Damar based on prevailing circumstances and in accordance with applicable operating standards. Except where Service in compliance with CAN/ULC-S561 is being provided the Customer shall have the right to request in writing that Damar not perform any notifications regarding trouble signals until the next business day.
- If you, as the signatory to this agreement are not the owner of the premises described on page one of the Agreement hereto as “Customer Service Information” you warrant that you are authorized to act on behalf of the owner. You agree and attest that by entering into this Agreement you are authorized to bind the owner or owners to the Agreement and the General Terms of Service. That is, once bound, our Agreement will be with you, as a property manager, or agent, or representative of the owner(s), and also with the property owner(s), all of whom are collectively referred to as “you” or “your” in the other paragraphs of the Agreement and General Terms of Service. This Agreement shall continue and survive should you cease to be a property manager, representative or agent of the owner(s). It will be your responsibility to advise us of the corporation or individuals who own the premises and their contact information. It is agreed that you are the primary contact for this agreement
ADDITIONAL PROVISIONS FOR FIRE SUPPRESSION SPRINKLER MONITORING
- Damar will provide an alarm monitoring service twenty-four hours a day for the purpose of receiving signals from your fire suppression sprinkler system and notification of agreed upon authorities. We will monitor for fire alarm signals as a result of a waterflow condition from the sprinkler system. In addition, we monitor supervisory conditions related to the operation of any shut-off valves that affect the flow of water to the sprinkler system. In some cases, the sprinkler system requires excess pressure in the sprinkler lines and we will monitor for a decrease in pressure. We also monitor the integrity of our electrical connections to your initiating devices and power status within our transmission equipment. Upon receipt of an alarm signal, Damar shall notify the fire department, and/or other designated persons of the alarm signal. Upon receipt of trouble or supervisory conditions we will notify your representative.
- Damar’s obligation herein relates only to the monitoring of alarm signals, and the inspection and repair of any alarm signal transmission equipment that may be installed on the Customer’s premises by Damar. Damar is not obligated to maintain, repair, service, replace, operate or assume the operation of the Customer’s alarm and supervisory devices.
- If your system requires repairs, we will repair as soon as possible during normal business hours that are between 0800 and 1630, Monday through Friday but excluding statutory holidays. An additional charge may apply for such service. If an amount is shown on the agreement for Fire Suppression System Monitoring System Extended Warranty or Fire Suppression Monitoring System Service Fees, materials and normal business hours’ labour will be provided at no additional charge.
- If an amount is shown for “Damar Equipment Bi-monthly Test” on page one hereto Damar will conduct operational tests of the alarm transmission equipment in accordance with CAN/ULC-S561 (a National Standard of Canada governing fire alarm monitoring services.)
- If an amount is shown for “Certificate of Compliance” Fee on page one hereto Damar will provide a certificate attesting to compliance with the requirements of CAN/ULC-S561. Where a Certificate of Compliance is provided inspections and operational tests must be performed in accordance with that Standard. Unless an amount is shown for “Damar Equipment Inspection and Test” on page one hereto the customer will be billed at Damar’s usual and normal service call rate for the required tests and inspections. The cost of tests and inspections is not included in the “system service fees” shown on page one hereto.
- Damar shall monitor signals from the Customer’s Fire Suppression Sprinkler System as shown on page one hereto. In addition, Damar will monitor system pressure and water supply valves and for trouble conditions resulting from wiring problems or interruptions between the Customer’s alarm initiating devices and Damar’s equipment, Damar equipment status and low battery signals from Damar provided equipment.
ADDITIONAL PROVISIONS FOR MANAGED ACCESS CONTROL SERVICES
- Managed Access Control Services are provided by Damar over communication facilities provided by you.
- You will be responsible for all equipment and communication facilities located on your premises at your cost. (We may, under separate agreement, provide extended warranty and/or maintenance service for the equipment on your premises.) We will be responsible for the equipment and data maintained on our premises at our cost.
- Upon receipt of a written request via e-mail from you we will add, modify, or delete individual users of your access control system. We will modify access control times and we will maintain access control groups.
- You will be responsible to advise us of all changes required as a result of new hiring, job or position reassignment, and/or termination of employment. We are not responsible for any consequence related to employees gaining access to area where we have not been requested to modify or delete said employee.
- Requests for changes to the managed access database will be processed and completed by 1630 of the working day following receipt of your request. In many cases the requested changes will be completed within four hours. Urgent requests will be completed as soon as possible during normal business hours. You may request changes be performed outside of normal business hours and we will attempt to accommodate your request, however an additional charge may apply.
- Requests for changes to the database must be in writing and accompanied by acceptable authentication.
ADDITIONAL PROVISIONS FOR EMERGENCY TELEPHONE ANSWERING
- Emergency Answering service shall mean, within the equipment capabilities, the answering of calls from elevator, swimming pools and other emergency telephones and the subsequent notification based on the instructions you provide in writing to us.
- You will be responsible to provide, at your cost, all equipment on your premises and initiating telephone lines necessary for this service. We will provide all necessary equipment in our premises and incoming telephone lines for the provision of this service.
- If any third party, including but not limited to, municipal emergency services and elevator service companies, should levy any charge or fee for any reason whatsoever, these charges shall be your responsibility. If such charges are levied on us you agree to pay us those charges and an administration fee upon receipt of an invoice from us.
- Our charge for this service is based on a maximum of ten (10) calls per month, and an additional charge may apply for calls in excess of this limit.
- It is your responsibility to keep call lists or notification lists up to date by advising us in writing by way of e-mail. There will be no charge to update call lists but we reserve the right to charge an administration charge if we encounter incorrect or outdated information in an emergency situation.
- You should test the elevator telephone answering service at intervals not exceeding 30 days. Test calls are not counted in the maximum number of calls permitted.
ADDITIONAL PROVISIONS FOR VIDEO MONITORING OR VERIFICATION SERVICES
- Damar will perform the Services specified in the Schedule of Services and Charges. We shall connect the system to our Signal Receiving Centre. When a signal from the system is received, We will first attempt to verify the nature of the emergency by using a two-way voice system and/or visual verification system if such equipment is included in Customer’s system. We will attempt to verify that an emergency condition does not exist before notifying emergency personnel. If We determines that an emergency condition exists, We will use reasonable efforts to notify the proper police or fire emergency contact on a notification call list provided in writing by Customer to us. When a non-emergency signal is received, We will attempt to contact the first available Customer representative on the notification call list but will not notify emergency authorities. We reserve the right to verify all alarm signals by telephone or otherwise before notifying emergency personnel, and may choose not to notify emergency personnel if We have reason to believe that an emergency condition does not exist. We may discontinue any particular response service due to governmental or insurance requirements by giving Customer written notice. Customer authorizes and directs Damar, as its agent, to use its full discretion in detaining or causing the arrest of any person or persons on or around the premises who are not authorized by Customer and to hold such person or persons until released by Customer or its known representative.
- Where video verification service is provided in concert with an intrusion alarm system You are advised that We will not use the absence of a visual intrusion as a reason or justification to not notify you or the authorities, unless you provide written direction to not notify unless there is a visual indication of intrusion.
- If your notification list includes the municipal police services or third party response companies any costs that may be levied by these parties as a result of a notification shall, in all cases, be your responsibility.
- You are advised that there may be rules, guidelines or laws concerning the use of video surveillance systems and equipment (Office of The Privacy Commissioner of Canada, for example) and that compliance is your responsibility. We are acting as your agent when we monitor or view your premises and you agree to indemnify and hold us harmless from any claims resulting from the video surveillance system and equipment and/or our services.
ADDITIONAL PROVISIONS RELATED TO COMMUNICATION FACILITIES
- The services that we provide depend upon communication facilities provided by one or more third party supplies such as Bell Canada, Bell Aliant, Rogers, Telus, Allstream, and others.
- We are not responsible for, nor do we have any control over the maintenance or repair of communication facilities provided by third party suppliers and any service calls made necessary as a result of a failure or malfunction of these facilities are chargeable at our current service rates.
- We are not responsible nor are we libel for any loss, damage or personal injury to you or your premises as a result of a failure or malfunction of any communication facilities no matter how caused including the inability of Voice over Internet Protocol (VoIP) or “Cable TV Phone Service” to transmit alarm signals.
- We offer, and we encourage you to consider the provision of dual reporting, backup or redundant communication methods to ensure that we are able to receive signals.
- We encourage you to provide us with several contact telephone numbers, text, and e-mail addresses to better enable us to contact you in the event of an emergency.
- If telephone dialer service is provided, you are responsible to provide a conventional telephone line at your expense. A conventional telephone line is defined as a dialtone telephone line powered from a telephone service provider known as an Incumbent Local Exchange Carrier or a competitive Local Exchange Provider, and does not include any telephone line that relies upon your internet service.
- If telephone dialer service is provided the equipment for alarm monitoring service includes a communicator that sends signals to our Signal Receiving Centre over your conventional telephone line. You are advised that the conventional telephone network was designed for voice communications only and not for the transmission of data such as fax, modem communications and alarm system signalling. These services are regarded by the telephone companies as being “permissive” and while the telephone company allows these transmissions they do not support them and they bear no responsibility if signals to not reach their intended recipients. Further you will be unable to use your telephone to make calls during the short period of time the communicator is on the line reporting signals. If your telephone line is out of order, placed on vacation status or otherwise not working, signals cannot be transmitted and our Signal Receiving Centre may be unaware of the telephone service problem. You must immediately notify us of any change to your telephone service so we can ensure that there has been no interruption to the alarm reporting capabilities. 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 or service, there may be a service charge at our sole discretion. 8. If “Cellular Data” service is provided we utilize a data network provided by a third party Cellular Service Provider. From time to time the Canadian Government may allow the Cellular Service Providers to phase-out or discontinue certain cellular technologies. In this event the cellular transmitter will have to be replaced and such replacement will be at your expense.9. If Public Internet service is provided as the means of communication of alarm signals from your premises to our Signal Receiving Center the following will apply; (a) The provision of public internet service to your premises is your responsibility; (b) If you do not have internet service available we may supply the internet connectivity at an additional cost and this service shall be for the sole and exclusive use of the alarm reporting equipment – you will have no access to this internet connectivity for any reason; (c) It will be your responsibility to provide wireless access to your network, or a suitable RJ-45 Ethernet connection within five (5) feet of the security alarm control unit, into which we will connect our Internet Signal Transmitter; (d) Your attention is drawn to the fact that communications will fail if the power for your modem, routers, hubs, switches, etc. is interrupted; (e) Unless specified in the Agreement the communication facilities are not supervised meaning we will not be aware of a failure of those facilities no matter how caused; (f) If supervised communication service is provided and if, in our sole opinion there are excessive failures in the communication facilities resulting in additional and unusual expenses incurred in the reporting and clearing of signals we may, at our sole discretion, levy additional charges to you as our compensation for the unanticipated additional and unusual costs. (g) we have no control over the provision of public internet service to you and/or your premises and as such we have no control over the reliability of the service nor do we have any control over the provision of primary or standby power for the internet modem, hubs, routers, switches or other equipment on your premises; (h) we are not responsible for the security or privacy of any wireless network or router and that wireless systems may be accessed by others and it is your responsibility to prevent access by means of access codes, lockouts and other generally accepted methods. (i) It is highly likely that any public internet connectivity may fail at any time and we strongly recommend that you employ a combination of public internet and Cellular Data for your alarm communications.
- Unlike regulated telephone service providers who adhere to accepted standards, alternative telephone service providers are free to employ methods to compress signals and conserve bandwidth and as such should you replace a conventional telephone line with an alternative service the existing alarm communication equipment may fail or may operate intermittently. In this event we will modify, adjust or replace our signal transmitting equipment and this work may result in an additional charge.
- In some cases, we may require a static IP address which shall be provided at your expense. We may also require that ports be opened on your firewall or router and this shall be provided by you. Our technicians do not modify your network configurations nor will they make any changes to your router or firewall.
ADDITIONAL PROVISIONS FOR EXTENDED WARRANTY
- Extended Warranty is an extension our standard product and installation warranty applicable to the electronic security equipment provided by us, or in some cases provided by others. Extended warranty is provided by us or an authorized service agent. Extended warranty does not provide for the replacement of any equipment that is deemed to be obsolete.
- We will provide at our expense all labour and materials to keep the Electronic Security Equipment in proper operating order. The following items of equipment will be replaced by Damar at no additional cost to you should these items of equipment become defective through normal wear and tear: A) Magnetic Contacts; B) Door Cords; C) wire and cable; D) other minor components at the discretion of Damar.
- The following items of equipment will be repaired or replaced at our discretion and at no additional cost to you should the items of equipment listed on the extended warranty schedule attached to and forming part of this agreement;
- The following are specifically excluded from coverage under Extended Warranty:- A) Physical or electronic damage to the Electronic Security Equipment by causes beyond our control; B) Software corruption by any cause whatsoever; C) Software updates unless to correct an identified and service affecting software fault; D) Virus Corruption; E) loss of primary power or damage to the security equipment because of circuit breakers tripped, fuses blown or removed, power transformers unplugged or disconnected, power turned off, or any other loss of power beyond the control of Damar. Damar will attempt to tag or otherwise identify fuses, circuit breakers and transformers that serve the electronic security equipment; F) telephone line troubles or faults on leased circuits or the Subscriber’s Telephone System, loss of internet connectivity, IP address problems, LAN or WAN failures of all kinds; G) Subscriber mis-operation or improper operation of the system or equipment; H) Service response to identify protection points left open, photo-electric beams blocked, objects placed in from of motion detectors, or any other action beyond the control of Damar that adversely affects the alarm system operation; I) lightning damage to the electronic security equipment where manufacturer’s recommendations and/or industry accepted lightning protection standards are met by Damar’s installation; J) Unauthorized changes, modifications, adjustments, re-arrangements, repairs or any other event that affects the operation of the Electronic Security Equipment by persons beyond the control of Damar Security Systems; K) any damage due to accident, negligence, misuse, abuse, abnormal use, unauthorized repair by non-qualified personnel, fire, flood, vandalism, theft, any act of God, operation of equipment outside of the published environmental and/or electrical parameters or caused by accessories, alterations or attachment of other devices not furnished by Damar; L) Normal wear (decrease in brightness) of any CRT, Plasma or LCD display unit and “burned-in” images of static images; M) media storage devices. Determination of the cause of damage or other failure shall be determined in Damar’s sole and absolute discretion.
- All Extended Warranty Service and Repairs are performed during normal business hours which are defined as being between 0830 and 1630, Monday through Friday local time but excluding statutory holidays. We agree to dispatch a qualified service technician as soon as possible after receiving notification of the need to provide service.
- The Customer shall have the right to request service at any time outside of the normal business hours herein defined. We shall provide this service as soon as possible after receiving a request from the Subscriber. The Subscriber is hereby advised that, and agrees to pay upon receipt of an invoice, an additional charge that will apply for any labour performed outside of normal business hours.
- Changes, additions or alterations to the customer’s premises which affect the operation of the electronic security equipment or which makes additional equipment necessary are not covered by extended warranty and as such our current and usual rates for service will apply.
- We may, at its sole discretion, waive service charges for items not covered by this Extended Warranty Agreement but such waiver shall not constitute a precedent for any subsequent waiver.
- All repairs made necessary by damage to the equipment by the Subscriber or others shall be chargeable at Damar’s current and usual rates for such service.
- Damar will provide labour and material to keep the electronic security equipment in a condition of proper operation. Extended warranty is not maintenance service. The Subscriber will promptly notify Damar of any apparent malfunction of the equipment. Damar will commence corrective action as soon as possible as provided for herein.
- When equipment is determined to require service, We may, at our discretion, exchange a component for a similar unit, or we may remove from your premises the defective components and return the component to the manufacturer or other suitable repair depot for repair. We will, if possible and if such units are available, supply a replacement component when a component is removed for service. However, we are not obligated to provide the Customer with a substitute or replacement unit during the Extended Warranty Period or at any time
- You shall have the right to request modifications to the extended warranty. The changes and/or modifications shall be specified on a rider to be attached to the agreement. Additional charges will apply where Damar assumes a greater responsibility under a modified agreement.
- Extended warranty provided for herein is to remedy only defects caused by the ordinary and usual use of the electronic security equipment and does not include service, repair, or replacement necessitated by accident, neglect, abuse, improper use, unauthorized repairs, storms, lightning, theft, break and enter, or other causes not arising from the normal and usual use of the electronic security equipment.
- Extended warranty is not intended to be a substitute for adequate and proper insurance coverage on the electronic security equipment, nor are the items of electronic security equipment intended to be a substitute for adequate and proper insurance coverage on your property and/or contents.
- If the service being provided is intrusion detection and monitoring and if you suffer a police documented break in, we will pay to you an amount equal to the Customer’s insurance deductible up to a maximum of two hundred and fifty ($250.00) dollars, one time per contract term, and this amount shall in all events be the maximum amount of our liability exposure to you. We is not to be regarded as an insurer.
- We reserve the right to revise the fees for extended warranty at any time and should you not accept the revised fees the provision of extended warranty may be cancelled by written notice to us and such cancellation of extended warranty shall not give rise to cancellation of any other services being provided..
- Equipment not supplied and installed by us may be eligible for extended warranty only after the equipment and system has been inspected by us, necessary repairs and modifications, if required, have been completed at the customer’s expense.