With Senior Protection by Alarm Guard
With Senior Protection by Alarm Guard
By activating your account you hereby agree to abide by all terms and conditions below:
The following constitutes the entire agreement between the individual subscriber, hereby referred to as “Customer,” and Senior Protection, A division owned and operated by “Alarm Guard Security Inc”.
1. AGREEMENT: The Customer hereby agrees to pay Senior Protection, a monthly fee plus applicable taxes for rental and/or monitoring service. The monitoring service shall automatically renew for an additional 30 days unless the Customer provides notice to Senior Protection as per the terms of your agreement. The Customer personally guarantees the rental, loan and/or monitoring service payments. Senior Protection does reserve the right to adjust prices to reflect changes in costs without prior consent of the Customer. Senior Protection will do its best to advise its Customer of any changes in fee structure. Before returning any personal emergency response system, you must contact Senior Protection to get an authorization. The cancellation will only take effect when Senior Protection has received all the equipment, in good condition.
2. TERM: The term of this agreement is for the initial term agreed to in writing, beginning on the activation date and will be automatically be renewed on a monthly basis at the same rate once the term expires. Senior Protection reserves the right to terminate this agreement for any reason.
3. Senior Protection DUTIES: Senior Protection will use reasonable commercial efforts to monitor the equipment or have it monitored through a third party 24 hours a day and 7 day a week. If Senior Protection receives a signal from the equipment it will use its reasonable commercial efforts to notify the appropriate emergency response contact as designated by the Customer. Customer agrees that Senior Protection may rely absolutely on the statements of the Customer, emergency contacts (as provided by Customer) or emergency respondents (police, fire, ambulance), or any other person who says they are acting on behalf of the Customer, with respect to the location of and condition of the Customer. Customer agrees that Senior Protection is not responsible for the promptness, sufficiency or adequacy of the action of any emergency contact or responder or any third party acting for a responder. Customer agrees that Senior Protection in no way represents or guarantees that emergency contacts or responders can be contacted, can or will respond, or that any response will be safe or effective. Customer agrees that the emergency contacts have been designated by him or her and are not agents or other representatives of Senior Protection.
4. CUSTOMER DUTIES: The Customer will immediately notify Senior Protection of any problems with the equipment and test it on a monthly basis by triggering the emergency response unit. It is the sole responsibility of the Customer to inspect and maintain the system itself. The Customer shall also notify Senior Protection of any change in telephone number, address, medication or any health related matter. The
5. LIMITATIONS: Senior Protection relies on telephone lines to receive signals from the equipment to perform its services. If there are any problems with the telephone network or the Customer’s line, Senior Protection will not be able to monitor the equipment and will not be aware that assistance is required. While these problems exist Senior Protection would have no means or obligation to perform its services. If the line is in use during an emergency situation, the Customer acknowledges that the emergency response center will be unable to contact the Customer through the two way voice panel. To avoid this type of problem, Customer should install an RJ31X jack. If Customer would like this type of connection, it is the responsibility of the Customer to have the telephone company install it. Customers using fall detection
products acknowledge they understand that fall detection products may not detect 100% of falls, Customers should always press their button when help is required if they can. Mobile systems rely on Bluetooth, cellular, GPS and global position satellites which may not always be available, accurate or within range. Senior Protection is in no way responsible for any disruption in service for these reasons or any
others and the Customer agrees to indemnify Senior Protection for any and all inability to render services for any reason whatsoever. Customers agree to fully indemnify Senior Protection for any changes or errors in information entered to the Mobile online platform whether that information was entered by Senior Protection or any other party whatsoever.
6. FINES & FEES: Following a false alarm, regardless of the reason, it is the Customer’s responsibility to pay all fines & fees imposed by a municipality, police force or any other agency. Electronic billing: All billing and tax correspondence shall be delivered via electronic mail. Customers requesting paper billing and/or tax receipts shall be charged a fee as set by Senior Protection. The customer is responsible for returning the medical alert device back to Senior Protection in good working condition when the services have been terminated. In the event the customer does not return the device or it is damaged, a replacement cost of $399 may be applied to the customer’s account to recover losses. In the event the customer purchases the device upfront, they will not be responsible for returning the device to Senior Protection and any device costs associated.
7. FORCED ENTRY: The Customer understands that if emergency response units are sent to the location from which an emergency signal has been received forced entry may be required to respond appropriately to the emergency situation. The Customer shall indemnify and hold harmless any party involved in such an occurrence under any and all circumstances including section 11 of this agreement.
8. PRE-AUTHORISED PAYMENTS: Senior Protection is hereby authorized to periodically draw payment under its pre-authorized payment plan from the bank account information obtained from the sample cheque sent to Senior Protection to cover all amounts due under this agreement. The Customer agrees to notify Senior Protection of any change in banking information and/or ownership.
9. CREDIT CARD PAYMENTS: Senior Protection is hereby authorized to periodically draw payment under its pre-authorized payment plan from the Credit Card account specified to the Senior Protection representative to cover all amounts due under this agreement. The Customer agrees to notify Terms & Conditions
10. NO LIABILITY, INDEMNITY: Senior Protection is not liable whatsoever for any damages including without limitation any personal injury, property damages, loss of business, or incidental or consequential damages caused by or related to the equipment, its manufacture, installation, functioning or operation.
You agree to indemnify us against, and shall protect us from all loss, costs, liabilities, claims, legal proceedings and expenses arising in connection with: this agreement; the equipment; the manufacture, selection, purchase, ownership, delivery, installation, possession, use, monitoring, maintenance, loss or return of the equipment; taxes; the equipment’s infringement of any patent, industrial or intellectual property right; any default; or the exercise by us of our rights hereunder. The Customer hereby acknowledges that any temporary disruption in the above mentioned services caused by acts of god, government regulation or catastrophe is completely beyond the control of Senior Protection that supply of such services may not resume for an undisclosed period of time. Senior Protection is not responsible, and will not be held accountable for delays in response time between the Emergency Response Center and local emergency services and/or any failure to contact local emergency services for any reason whatsoever.
11. DEFAULT AND/OR TERMINATION: In case of default and/or termination by the Customer in respect to the terms of the current agreement, the company may unilaterally put an end to the contract and claim further damages to the extent of all fees due to the end of the current term and any terms already renewed, as well as any interest and penalties incurred. Late payments will incur interest charges of 2%
monthly. Any pre-authorized payments, credit card payments or checks returned for any reason will be billed at $25 per incident.
12. REPRESENTATIONS AND WARRANTIES: Customer acknowledges that Senior Protection is acting strictly as a re-seller of equipment for the manufacturer. All products include manufacturer warranties as described by the manufacturer, and subject to terms and conditions as outlined by the manufacturer unless otherwise indicated. Batteries are not covered under these warranties. Equipment which has
been subject to abuse, misuse, alteration, unauthorized repair, or damage as a result of Acts of God beyond the control of Senior protection, is not covered by the warranty. Senior Protection shall have the right of final determination of the existence and cause of defect.
13. RETURNS: Returns for whatever reason including but not limited to exchange, warranty, repair must be sent via a recognized courier to the following address: Senior Protection receiving, 153 Bridgeland ave, unit #1, North York, Ontario M6A2Y6.
14. MISCELLANEOUS: The parties agree to have this contract drafted in the English language. The parties further agree that the laws of Quebec and Canada shall be the governing laws with respect to this agreement. All funds referred to in this agreement are in Canadian Dollars. This agreement constitutes the entire agreement between the Customer and Senior Protection.
Customer hereby acknowledges having read the terms and conditions of this agreement, which are set forth on this page. Such acknowledgement is conclusively evidenced by the Customer activating the Senior Protection Monitoring service. The customer hereby acknowledges delivery of the Senior Protection unit and confirms that the equipment has been inspected, is in good operating condition, and is totally fit for its intended purposes and is in all respects as represented.