AGREEMENTS AND UNDERSTANDINGS
A. Purpose Of This Agreement
This agreement is between the following parties: this is subscriber, which is YOU and 911 Personal Alert Systems.com Inc. (911 personal alert systems) and the agent (DEALER). If any named on the front of this
agreement. The purpose of this agreement is to provide alarm-monitoring
services to YOUR mobile personal alarm system. YOU agree to pay in
advance for the alarm monitoring services. This agreement it explains YOUR duties and responsibilities 911 personal alert systems and 911 personal alert systems duties and responsibilities to YOU in providing the alarm monitoring services. Alarm monitoring services is understood by YOU to include 911 personal alert systems and reacting to alarm signals received by 911 personal alert systems from YOUR mobile personal alarm system YOU state that YOU have the authority to enter into and sign in this binding agreement.
B. Monitoring Services – YOUR Responsibilities
YOU agree that effective monitoring of alarm signals requires YOUR cooperation.
YOU agree:
1. To regularly test the mobile personal alarm system and to
immediately prepare or have it repaired anything YOU, the DEALER
or 911 personal alert systems finds wrong.
2. To avoid doing anything which might damage the mobile personal
alarm system or which might cause false alarms.
3. To keep all account information updated by telling 911 personal
alert systems or DEALER of any changes.
4, To pay any fines, this may result from false alarms and to pay for
obtaining any permits that might be required.
5. To let the DEALER. If any. Speak for YOU in giving 911 personal
alert systems of verbal or in writing, any and all monitoring
response instructions relative to the operation or non-operation of
YOUR mobile personal alarm system or components of YOUR
mobile personal alarm system.
C. Monitoring Services- 911 Personal Alerts Systems Responsibilities
911 personal alert systems agree to provide the following alarm monitoring services for YOU:
1. | When 911 personal alert systems receives an emergency signal
from the mobile personal alarm system. 911 Personal Alert
Systems will try to telephone the authorities and persons on the
notification list supplied by YOU.
2. If 911 Personal Alert Systems has reason to believe that no
emergency actually exist, then 911 personal alert systems can
choose to not make those calls.
3. Signals which 911 personal alert system believes do not indicate an
emergency will be treated according to establish 911 personal alert
systems procedures.
D. Limitation Of 911 Personal Alert Systems And Their DEALER
Responsibilities And Liabilities:
1. 911 personal alert systems are only providing the alarm
monitoring service for YOUR Mobile personal alarm system.
2. Therefore, 911 personal alert systems hereby disclaims all
warranties, Express or implied, including those of merchant-ability
or fitness that its service will avert, deter or prevent any loss which
monitoring services might alleviate or mitigate.
3. 911 personal alert systems cannot control the response of the fire
departments, police departments, emergency medical services or
other.
4, 911 personal alert systems are not providing a guard service under
this agreement and the monitoring service cannot take place of
insurance.
So YOU Agree That:
1. 911 personal alert systems are not responsible for the sale, design,
installation maintenance, repair or insurance of any equipment
located at YOUR premises.
2. 911 personal alert systems is not responsible for any insurance
covering any harm such as business or personal loss, theft of YOUR
property or money, property damage, personal injury or death to
persons or other lass to YOU or anyone else on YOUR premises.
3. Even if the court decides that a problem with YOUR monitoring
service or any improper or careless activity by 911 personal alert
systems, caused or allowed any harm such as business or personal
loss, theft of property or money, property damage, personal injury
or death to persons or other loss to YOU or to others, 911 personal
alert systems will owe YOU only six times the monthly monitoring
fee paid by YOU and/or DEALER 911 personal alert systems or
$250, which ever shall be greater, as liquidated damages and not as
a penalty, and this liability shall be complete and exclusive.
4. YOU hereby release, discharge and agree to hold 911 personal alert
systems, its employees and agents harmless from any and all
claims, liabilities, damages, losses or expenses, arising from or
caused by any hazard covered by insurance resulting from or
related to this agreement, whether the claim is made by YOU, YOUR
agents or YOUR insurance company or by any other parties
claiming under or through YOU. YOU agree to indemnify, defend
and hold 911 personal alert systems, its employees and agents
harmless from any claims for subrogation which may be brought
against 911 personal alert systems, its employees and agents by
any insurer or insurance company or its agents or assigns, or any
other parties, including payment of damages, expenses, costs and attorney’s fees. YOU agree to notify YOUR insurance company of
this release.
E. Suspension Of Disagreement
It is understood by YOU that 911 personal alert systems may stop monitoring YOUR alarm system, temporarily, without notice and without liability or penalty for the following reasons:
1. If 911 personal alert systems received too many false alarms or
redundant or similar signals from the alarm system.
2. If the 3G, network, telephone or radio telemetry systems is
interrupted.
3. If strikes, floods, fire or other advents beyond 911 personal alert
systems control effect the operation of 911 personal alert system
monitoring station or the 3G network, telephone or radio telemetry
system.
F. Cancellation Of This Agreement
It is understood by YOU the 911 personal alert systems may stop monitoring the alarm system, permanently, without liability or penalty for the following reasons:
1. If 911 personal alert systems receives too many false alarms from the
alarm system.
2. If 911 personal alert systems is legally prevented from monitoring
the alarm system.
3. If YOU do not pay, in advance, for alarm monitoring services.
4. If the DEALER, if any, notify 911 personal alert systems in writing
that it is canceling YOUR monitoring service, if 911 personal alert
systems and this agreement with the DEALER or if the DEALER does
not pay 911 personal alert systems for monitoring services.
For reasons #1 and #2 above mentions, 911 personal alert systems will give
YOU 15 days advance notice, in writing, of its intentions to stop monitoring
YOUR alarm system. For reasons #3 an #4 above-mentioned, the DEALER
will give YOU 15 days advanced notice, in writing, of its intention to stop
monitoring YOUR alarm system. Upon giving YOU such notice, this
agreement and 911 personal alert systems responsibilities will end on the
date fixed in the termination letter. No later than the termination date, YOU
agreed to immediately and permanently disable and disconnect YOUR
alarm system from sending signals to 911 personal alert systems and/or
YOUR premises, at added cost to YOU, and disconnect YOUR alarm system,
or be reasonable attorney’s fees that maybe imposed by telephone
companies, government agencies, 911 personal alert systems and/or other
parties.
G. Term Of This Agreement
The period of this agreement is stated on the front and is from the date 911
personal alert system actually begins YOUR service and automatically
extends for additional periods until personal alert system. Should YOU
move out of the premises, YOU or 911 personal alert systems may cancel
this agreement. YOU, YOUR DEALER, or 911 personal alert systems each
agree to give the other 30 days’ notice in writing of YOUR intent to cancel
prior to the beginning of an additional term of service. 911 personal alert
systems do not offer refund.
H. 911 Personal Alert System Right To Subcontract
YOU agree that 911 personal alert systems may subcontract to third parties
who may be independent of 911 personal alert systems any services under
this agreement. 911personal alert systems shall not be responsible for any
loss or damage sustained by YOU by reason of fire, theft, burglary, death or
any other cause whatsoever caused by the improper or careless acts of any
third party.
I. Complete Agreement: No Spoken Changes
Should there a rise a conflict of terms or agreements an understanding
between disagreement and YOUR purchase order, YOU agree that this
agreement shall be supreme, binding and govern.
Everything that YOU and 911 personal alert systems have agreed on is
written in this agreement. This replaces all earlier agreements and
understandings, whether spoken or written. Nothing that YOU or 911
personal alert systems may have said can change this agreement.
This agreement can only be changed in writing, and the writing must be
signed by YOU and 911 Personal Alert Systems.com Inc.
This agreement will be accepted by 911 Personal Alert Systems.com Inc. In
Airdrie, Alberta, Canada, shall be subject to govern solely by the laws of the
province of Alberta and that all parties to this agreement agreed to exercise
of jurisdiction in the Appropriate Court, Alberta, Canada.
It is understood that this agreement will not become effective until the start
date is assigned by 911 Personal Alert Systems. YOU state that YOU have
received a copy of this agreement.
Any notice to be given here under by any party shall be in writing sent first
class Mail addressed to such party at the address contained herein.
911 Personal Alert Systems.com Inc.
PO Box 10614
Airdrie AB T4A 0H8
