ACCESS COMMUNICATIONS GENERAL TERMS OF SERVICE
Access Communications Co-operative Limited (“Access Communications”,
“we” or “us”) is a non-profit organization which provides local
community programming, television, Internet access, telephone, home security and data and
other communications services to residences and businesses in over 200 Saskatchewan
communities. As a not-for-profit community-owned co-operative, 100% of our earnings
are reinvested in the communities we serve.
The provision of Access Communications’ services is subject to these Terms of
Service. By using any of Access Communications’ services, including television,
Internet, telephone or home security and any other service related thereto, (collectively or
individually, the “Service” or “Services”), you acknowledge that you
have read and understand the Terms of Service and agree to comply with the terms and
conditions set out in these Terms of Service, as may be amended from time to time. The
terms “you”, “your” and “customer” when used in these
Terms of Service apply to any person that uses a Service provided by Access
Communications. The Customer shall be responsible for ensuring that the Services are
used in accordance with this Agreement.
If the Customer does not agree with the Terms of Service of the Agreement, the Customer
may exercise the right to terminate the Agreement according to the termination provision
included herein and cease using the Services.
Access Communications may at any time and from
time to time amend or modify these Terms of Service and/or any fees, features or other
aspects of the services provided upon notice to you and without your consent.
Notification may be provided using one or more of the following methods: (i) postcard or
letter mailed to your billing or service address; (ii) bill message or insert; (iii) e-mail
to one or more of your Access Communications e-mail accounts; (iv) recorded announcement;
(v) posting on www.myaccess.ca; (vi) call to your billed
telephone number; or (vii) newspaper advertisement. If you do not agree to any such
amendments or modifications of these Terms of Service and/or any fees, features or other
aspects of the services, your sole and exclusive remedy is to immediately stop using the
services and terminate your services. Your continued use of the services following
such notice means you agree to such amendments and modifications. You can review the
most current version of these Terms of Service at www.myaccess.ca or by requesting a copy from Customer Service, Access
Communications Co-operative Ltd., 2250 Park Street, Regina, SK S4N 7K7.
In the event that these Terms of Service are inconsistent with any additional terms that
may be included on any bill of sale or monthly bill that is issued to you by Access
Communications or its agents, the terms and conditions contained herein will prevail.
We value every customer and will endeavor to provide service upon request. However,
Access Communications may, in our sole discretion, accept or decline any application we
receive for the provision of Services. In the event that Access Communications
declines an application for a Service, we will provide a written explanation for that denial
Access Communications, the Access Communications’ logo and certain product or
service names are registered trade-marks or trade-marks of Access Communications
Co-operative Limited. You agree not to copy, display or use in any manner any of
Access Communications’ trade-marks without Access Communications’ express prior
These Terms and Conditions of Service are governed exclusively by the laws of
Saskatchewan and Canada applicable therein.
These Terms of Service, together with any completed and signed Pre-Authorized Payment
form, published rates for the services, invoice terms, and any guides or manuals that we may
provide to you regarding your services, all as amended from time to time, constitute the
entire agreement between you and Access Communications for the services and supersede all
prior agreements, written or oral. If any portion of these Terms of Service is
unenforceable, the remaining provisions continue in full force. Our failure to enforce
strict performance of any provision of these Terms of Service does not mean we have waived
any provision or right. Neither the course of conduct between us nor trade practice
modifies any provision of these Terms of Service. These Terms of Service enure to the
benefit of and are binding on you and your heirs and legal personal representatives.
INVOICING, PAYMENT AND CREDIT POLICY
Access Communications will invoice you for the Services once per month; on either the
1st or the 15th of the month. Regular monthly service fees are
invoiced and payable in advance of receiving the Service, long distance and other usage
charges are invoiced each month as close to the period of usage as possible and other
non-recurring charges (for example, administrative fees and charges for unreturned
equipment) are included on the invoice issued after the date the charge is incurred.
The date payment is due, hereafter referred to as the “Due Date”, is specified
on the invoice. For 1st of the month invoices, payments are due by the
25th day of the month, prior to the next billing. For the 15th of the month
invoices, payments are due by the 10th day of the month, prior to the next
Any billing questions, disputes or discrepancies
regarding charges or payments on your invoice must be reported to Access Communications
within 60 days of the invoice date. Failure to contact us within the time period will
constitute acceptance of the invoice. If you dispute any charges, you must still pay
all undisputed charges.
Agreement to Pay
You agree to pay us the applicable installation, administrative and Service fees, as well
as any rental fees and any other fees identified to you upon placing your order for the
Services, together with all taxes. All charges shown on the customer’s invoice
are payable by the Due Date. Outstanding or unpaid charges are considered overdue if
not paid by the Due Date. If your invoice is lost or not received, you are still
responsible for making the required payment to us. We will begin collections
proceedings immediately when your account becomes overdue.
You are responsible for any costs, including legal fees and expenses, collection agency
fees or payments and Court costs incurred by Access Communications to collect any amounts
owing under these Terms of Service.
You are responsible to ensure that the billing information you provide Access
Communications is accurate. You agree to promptly notify us of any changes in your
Your invoice can be paid by:
- Pre-authorized bank withdrawal or credit card payment;
- Internet or telephone banking;
- Mail to Access Communications 2250 Park Street, Regina, Saskatchewan, S4N 7K7;
- At most chartered banks, trust companies, or credit unions;
- At our offices (see list of our locations at the end of the terms) by cash, cheque,
debit card, Visa or MasterCard; or
- At our 24 hour night deposit box at 2250 Park Street, Regina.
Mailed payments and payments made through third party institutions will be credited on
the date the payment is received by Access Communications.
An administration fee will be levied if your pre-authorized bank withdrawal or credit
card payment is denied or if your cheque is returned for non-sufficient funds.
Any balance unpaid after the Due Date may be
subject to a late payment charge of 2% per month (26.82% per annum). This rate may be
revised by Access Communications at any time upon 30 days notice. A fee will be
charged if administration and/or account processing activities have occurred due to
non-payment. Non-payment of overdue accounts may result in termination of the Services
referred to thereon. If a service call is required to restore any Customer’s
Service which has been terminated for non-payment, an administration and/or reconnection fee
will be charged.
You authorize us (and those acting on our behalf) to request and obtain your credit
history information from others. You also authorize us (and those acting on our
behalf) to disclose credit history information regarding you and your Access Communications
account to others. Pending approval of your credit, we may require you to satisfy
certain activation requirements, which may include providing us with a security deposit
and/or pre-authorizing monthly credit card payments.
We may establish or change a credit limit on your account at any time. Service may
be suspended or terminated at any time to any and all of your accounts if your balance,
including unbilled usage and pending charges, fees and adjustments, exceeds this limit.
Access Communications reserves any and all rights, whenever we observe that the Services
or related products (such as, and without limiting the generality of the foregoing,
Pay-Per-View movies or events, Video on Demand movies or events, long distance usage or
Internet data usage) consumed by the Customer exceeds a reasonable limit for such services,
as determined by Access Communications in its sole judgement, to temporarily suspend or
restrict the Customer's access to those services and/or any other services related thereto,
without any notice or delay. The Customer will then have the obligation to contact
Access Communications Customer Care Department, which may at that time require from the
Customer, as applicable, a payment to cover the costs incurred by prior excessive
consumption of those Services, enabling the Customer to have access again to such
Services. For the purposes of this Agreement any usage that restricts or inhibits
other users from using or enjoying the Services in an adequate manner, creates an unusually
large burden on the Access Communications’ network, generates levels of traffic
impeding other users’ ability to transmit or receive information, or that could
eventually result in significant amounts to be paid by the Customer related to the use of
such Services or related products shall be considered as exceeding a reasonable limit.
We may require a security deposit from you at
any time. In twelve-month intervals, or whenever the customer requests, we will review
the appropriateness of your security deposit and credit your security deposit to your
account if all your accounts with us have been in good standing for at least 12 consecutive
months. You will not earn interest on any security deposits held by us. If your
services are terminated, we will apply the security deposit against any outstanding balance
on your account(s) and refund any remaining balance to you.
EQUIPMENT AND SOFTWARE
You agree that the equipment installed or provided by Access Communications shall remain
the property of Access Communications, except for equipment purchased and paid for by
you. The equipment is provided solely for your use of the Services and you may use the
equipment only at the address you have indicated to us at the time you subscribe to the
services. You will not relocate the equipment to another address without Access
Communications’ prior written consent. You may not mortgage, sell, lease,
encumber or assign our equipment. You will take reasonable steps to protect our
equipment. You will pay the full replacement costs of any lost, stolen, unreturned,
damaged, defaced, mortgaged, sold, leased, encumbered or assigned equipment, together with
any costs we incur in obtaining or attempting to obtain possession, to repair and/or to
replace the equipment, plus applicable taxes. You hereby authorize Access
Communications to charge your credit card account or your preauthorized payment
authorization, in payment for all Equipment charges.
Any software or documentation we provide to you remains our property. You will take
reasonable steps to protect any software or documentation from theft, loss or damage.
You must review and agree to the applicable end user license agreement before installing or
using any such software or documentation. Unless otherwise provided in the applicable
end user license agreement, all end user license agreements will terminate upon termination
of your Services.
Customers do not have any property rights in any identifier (e.g. telephone
numbers, access codes, PIN’s, e-mail addresses, account numbers, Web page addresses or
IP addresses) assigned to them. Access Communications may change such identifiers at
its sole discretion. Access Communications may provide advance notice to you of such
changes, in the event that we consider it necessary to provide such notice.
ACCEPTABLE USE OF SERVICES
Your use of the Services must comply with these Terms of Service and all applicable laws
and regulatory requirements. Without limitation, you may not, directly or
- use the services or any of our equipment:
- for any purpose that would constitute a criminal offence, give rise to civil
liability, or otherwise violate any applicable local, provincial, federal or
international law, or for the purposes of encouraging or assisting others to do any of
- to make prank, harassing, threatening, annoying, abusive or offensive calls or
- to invade another person’s privacy or collect or store personal data about
other users of the services;
- to stalk or otherwise harass another;
- to harm minors;
- to unlawfully use, transmit, disseminate or otherwise make available content that
is unlawful, threatening, abusive, libelous, slanderous, defamatory or otherwise
- to unlawfully promote or incite hatred;
- to transmit, disseminate or otherwise make available objectionable
- to transmit, disseminate or otherwise make available information protected by
copyright, or other proprietary or contractual right, or related derivative works,
without obtaining prior permission of the copyright owner or rights holder;
- restrict, inhibit or interfere with the ability of any other person to use or enjoy
the services, or create an unusually large burden on our network, including, without
limitation, distributing mass or unsolicited communications, or otherwise generating
levels of traffic sufficient to impede others’ ability to use the services;
- abuse or fraudulently use the services;
- alter, modify or tamper with the services, our equipment, our facilities and/or our
- remove the equipment from your premises without our prior consent;
- disrupt our network; interfere with digital networking or telecommunications service
to or from any services user or network; or otherwise restrict, inhibit, disrupt, or
impede our ability to monitor or deliver the services; or
- assign, resell or transfer the services or equipment to any other person for any
purpose or receive, directly or indirectly, any charge or benefit for the use of the
Services, without express written permission from us.
SERVICES INTERRUPTION; ACCESS COMMUNICATIONS’ RIGHT OF ENTRY
Access Communications and/or its agents may interrupt and/or make inspection of the
equipment and/or the services at any time for any duration of time, without notice or
liability to you in order to install, inspect, repair, replace or to perform necessary
maintenance on its equipment, its facilities and/or network, or for other technical reasons
as may be required.
Before entering the customer's premises, Access Communications must obtain permission
from the customer or other responsible person who is at the premises and who reasonably
appears to have authority to permit entry. If the customer is not the owner of the
premises it is the customer’s responsibility to obtain and maintain access rights for
the purpose of enabling Access Communications employees and/or agents to install, maintain
and provide the services at such premises. Permission for entry is not required in
cases of emergency or where entry is required pursuant to a court order.
All our employees and agents carry identification cards that clearly bear the name Access
Communications, as well as the employee’s or agent’s picture and identification
number. You should refuse entry of anyone claiming to be our representative who does
not have such a card.
LIMITATIONS ON SERVICES’ AVAILABILITY
You acknowledge and understand that the Services may not function correctly, or at all,
in the following circumstances:
- if the Equipment fails or is not configured correctly;
- in the event of a network outage or power failure;
- if you tamper with or move your Equipment to a location other than your service
- following suspension or termination of your Services account(s).
Access Communications does not warrant uninterrupted use of the services.
Your subscription to the services shall continue indefinitely until terminated or
cancelled by you or us pursuant to the provisions in these Terms of Service or other written
service agreement between you and Access Communications, or in accordance with applicable
CUSTOMER INITIATED TERMINATION OR CHANGE OF SERVICES
Access Communications is a competitive service provider. With high standards and a
commitment to excellent service, we understand that our customers always have the right to
terminate or change services with us.
In the event that your Service is terminated prior to the end of the service agreement
term, the Customer may be obligated to reimburse us for costs in lieu of honouring a minimum
contract term. In no case will reimbursement exceed the normally-priced value of the
product consumed by customers or the quoted installation or other charges negotiated at the
inception of service.
The customer may at any time cancel this Agreement upon reasonable advanced notice. The customer shall remain liable for the payment of all outstanding balances accrued up to the date of termination and the purchase price for each piece of unreturned equipment. The charge will be reversed if the equipment is returned in re-usable condition.
ACCESS COMMUNICATIONS INITIATED SUSPENSION OR TERMINATION OF SERVICES
Access Communications may restrict, block, suspend or terminate service when a
- Fails to pay an account that is past due, provided it exceeds $50.00 or has been past
due for longer than 2 months;
- Fails to provide or maintain a reasonable deposit when required to do so in accordance
with Access Communications’ policy outlined above;
- Fails to comply with the terms of a deferred payment agreement;
- Becomes bankrupt or insolvent;
- Repeatedly fails to provide us with reasonable entry and access at reasonable hours to
install, inspect, repair and maintain, and remove its equipment, facilities and/or
network, and to perform necessary maintenance in cases of network-affecting
- Is in breach of any term or condition of these Terms of Service or of any additional
Terms of Service applicable to the Services that you subscribe to;
- Re-arranges, re-locates, alters, abuses, disconnects, removes, repairs or otherwise
interferes with, equipment;
- Fails to provide payment when requested by us; or
- Fails to respond to attempted contact by us when the consumption of usage-based
services, such as long distance, video on demand and pay per view, reveal unusual or
abnormal use patterns or we have reason to suspect fraudulent use of services.
Access Communications will not suspend or terminate services when:
- A customer is prepared to enter into a reasonable deferred payment agreement; or
- There is a disputed amount that would cause suspension or termination, provided
payment is made for undisputed outstanding amounts and we do not have reasonable grounds
for believing that the purpose of the dispute is to evade or delay payment.
Prior to suspension or termination of service, Access Communications will provide
reasonable advance notice, stating:
- The reason for the planned suspension or termination and the amount owing (if
- The scheduled suspension or termination date;
- That a reasonable deferred payment agreement can be entered into (where the reason for
termination or suspension is non-payment);
- The reconnection charge;
- The telephone number of our representative with whom any dispute may be discussed;
- That unresolved disputes may be referred to the Customer Care Manager.
In addition to the notice described above, we will, at least 24 hours prior to suspension
or termination; advise the customer or a responsible person that suspension or termination
is imminent, except where:
- Repeated efforts to advise have failed;
- Immediate action must be taken to protect Access Communications from network harm
resulting from customer provided equipment or behaviour; or
- The suspension or termination occurs by virtue of a failure to provide payment when
requested and we have reasonable grounds to believe that there is an attempt to defraud
the company or an exceptional risk of loss exists.
Suspension or termination does not affect the customer’s obligation to pay any
amount owed to Access Communications. Services that have been suspended or terminated
will be billed on a daily pro-rated basis up to and including the day of suspension or
termination. We appreciate every customer and will restore services where the grounds
for suspension or termination no longer exist. Reconnection charges will apply.
If you are an Access Communications Telephone subscriber, we cannot guarantee the
availability or resumption of any previous telephone numbers following a suspension or
termination of Services.
Where it becomes apparent that suspension or termination occurred in error, we will
restore services as soon as possible, during business hours on the next working day at the
latest, unless exceptional circumstances do not permit this, and no reconnection charges
LIMITATION OF LIABILITY
- Unless otherwise specifically provided in these Terms of Service, Access
Communications will not be liable to the customer or to any third party for any direct,
indirect, incidental, special, punitive or consequential losses or damages, including loss
of profits, loss of earnings, loss of business opportunities and personal injuries
(including death), resulting directly or indirectly out of, or otherwise arising in
connection with, the use of the service by the customer or any other use of the Equipment
or Service, or otherwise in connection with these Terms of Service, including without
limitation, any damage resulting from or arising out of the customer’s reliance on
or use of the Equipment or Services, or the mistakes, omissions, interruptions, deletion
of files, errors, defects, delays in operation, transmission, or any failure of
performance of the Equipment or Service, or any claim that the use of the Equipment or
Services by the customer or a third party infringes the copyright, patent, trade-mark,
trade secret, confidentiality, privacy or other industrial or intellectual property rights
or contractual rights of any third party.
- The foregoing limitation of liability, and all other limitations and exclusions of
liability in this Agreement apply to the acts, omissions, negligence and gross negligence
of Access Communications, its officers, employees, agents, contractors or representatives,
and apply in respect of any claims, losses, actions, demands, damages, suits or
proceedings, whether based on breach of contract, tort (including negligence),
infringement of patents, copyrights, trade secrets or other such rights, breach of a
fundamental term, fundamental breach, strict liability or otherwise.
- The customer’s sole and exclusive remedies under these Terms of Service are as
expressly set out in these Terms of Service. In no event shall Access
Communications’ liability under this Agreement exceed a refund, upon written request
from customer, of charges for the affected service proportionate to the length of time a
problem existed with such service.
- The customer hereby agrees to indemnify Access Communications, its suppliers,
shareholders, officers, directors, employees and agents (for whom in this regard
Access Communications is acting as trustee and agent) from and against any and all
claims, losses, actions, demands, damages, suits, proceedings, costs, expenses and
liabilities, including legal fees, which may be made against, suffered or incurred by any
or all of them arising out of or in connection with any improper or unauthorized use by
customer or third parties of the equipment or service, and any other breach by the
customer of this Agreement.
- Notwithstanding any other provision in these terms, Access Communications shall not be
responsible FOR any interruption or unavailability of the Services, including, without
limitation, any interruption or unavailability of emergency 9-1-1 service, for outages
resulting from technical or equipment problems occurring outside of the network, planned
outages intended for maintenance or repair, or any outages caused by circumstances beyond
its control, including without limitation, Acts of God, power failures, extreme weather,
riots or civil war, any law governmental order, decision or regulation, any order of a
court of competent jurisdiction or work stoppages.
- The provisions of the above clauses shall survive the termination of this Agreement
between the Customers and Access Communications.
ALL EQUIPMENT AND SERVICES
ARE PROVIDED BY ACCESS COMMUNICATIONS “AS IS” AND “AS AVAILABLE”,
WITHOUT WARRANTY OF ANY KIND. ACCESS COMMUNICATIONS DOES NOT WARRANT UNINTERRUPTED OR
ERROR-FREE USE OR OPERATION OF THE EQUIPMENT OR SERVICES. ACCESS DOES NOT WARRANT THAT
ANY DATA OR FILES SENT BY OR TO THE SUBSCRIBER WILL BE TRANSMITTED IN UNCORRUPTED FORM OR
WITHIN A REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS, WARRANTIES, ENDORSEMENTS AND
CONDITIONS OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES
OF TITLE OR NON INFRINGEMENT AND ANY IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF
FITNESS FOR PURPOSE AND MERCHANTABLE QUALITY AND THOSE ARISING FROM A COURSE OF DEALING OR
USAGE OF TRADE, ARE HEREBY EXCLUDED.
To the extent permitted by applicable law, unless we agree otherwise, any claim, dispute
or controversy, whether in contract or tort, pursuant to statue or regulation, or otherwise,
and whether pre-existing, present or future, arising out of or relating to the following
items will be determined by final and binding arbitration to the exclusion of the
courts: a Service Agreement; the Services or Equipment; oral or written statements,
advertisements or promotions relating to a Service Agreement, the Services or Equipment; or
the relationships that result from a Service Agreement.
You agree to waive any right you may have to commence or participate in any class action
against Access Communications related to any claim where such waiver is permitted.
Where applicable, you also agree to opt out of any class proceedings against Access
Communications. If Access Communications has a claim, Access Communications will give
your notice to arbitrate at your billing address. If the claim relates to a matter
that should be brought before the Canadian Radio-Television and Telecommunications
Commission (CRTC) or other customer complaints body set up to address such matters, you
agree that the CRTC or such body will resolve the claim.
Access Communications requires certain personal information from customers in order to
conduct its business. Such personal information is gathered and stored so the company
can effectively provide services to its customers, whether the company already offers those
services or contemplates offering them in the future. In order to protect customer
information, Access Communications has implemented policies and procedures which comply
fully with the Personal Information Protection and Electronic Documents Act.
Personal information is information about a particular individual. This includes
information about the products and services you use. The term includes, but is not
limited to, the name, address, telephone number, gender, credit rating and other personal
information of an individual.
Access Communications collects personal information only for the following purposes:
- To establish and maintain business dealings with you as a customer;
- To understand and be able to offer you as a customer competent and valuable levels of
- To manage and develop our operations, including personnel and employment matters;
- To meet legal and regulatory requirements.
Access will not use your personal information for any other purpose without your
consent. We do not sell personal information to any other party and we require and
expect any third party that does business with us to treat personal information with the
same care that we demand of ourselves.
CONTACTING ACCESS COMMUNICATIONS
There are a number of ways a customer can reach us:
Our goal is to meet and exceed your expectations. We welcome opportunities to
improve our service.
If you are not satisfied with our response to any issue, you may contact the Canadian
Radio-television and Telecommunications Commission (CRTC). This agency of the
Government of Canada is independent of Access Communications and regulates the activities of
companies like us which offer telecommunications services to the public.
The CRTC address is:
The Secretary General
Canadian Radio-television and Telecommunications Commission
Ottawa, ON K1A 0N2
We would ask you to copy us on any correspondence with the CRTC concerning our services
at one of the addresses above.
ACCESS COMMUNICATIONS INTERNET SERVICE - ADDITIONAL TERMS OF SERVICE
In addition to the General Terms of Service, the following Terms of Service apply to the provision of Internet Service.
Computer Equipment Requirement
You are responsible for ensuring that your computing equipment meets the minimum
equipment requirement identified by Access Communications, as may be amended from time to
The equipment provided by Access Communications (“Equipment”) will provide
Customers with one or more of the following, collectively called the Services:
- Internet access;
- Email addresses;
- Web space on the Access Communications World Wide Web Server.
The Customer acknowledges that the Customer may incur charges while using the
Service. For example, charges may be incurred as a result of accessing certain
information, or purchasing or subscribing to certain offerings, via the Service. The
Customer agrees that all charges, including all applicable taxes, shall be paid by the
Customer and are not the responsibility of Access Communications.
Prohibited Uses of Service
The Customer shall not use the Equipment or Services to directly or indirectly:
- Invade another person's privacy;
- Unlawfully use, possess, post, transmit or disseminate obscene, profane or
pornographic material; post, transmit, distribute or disseminate content which is
unlawful, threatening, abusive, libelous, slanderous, defamatory, or otherwise offensive
- Unlawfully promote or incite hatred;
- Post, transmit or disseminate objectionable information, including, without
limitation, any transmissions constituting or encouraging conduct that would constitute a
criminal offence, give rise to civil liability, or otherwise violate any municipal,
provincial, federal or international law, order or regulations;
- Access any Computer, software, data or any confidential, copyright protected or patent
protected material of any other person, without the knowledge and consent of such
- Upload, post, publish, transmit, reproduce, or distribute in any way, information,
software or other material obtained through the Service which is protected by copyright,
or other proprietary right, or derivative works with respect thereto, without obtaining
permission of the copyright owner or rightholder;
- Copy, distribute or sublicence any software provided by Access Communications, except
that the Customer may make one copy of each software program for back-up or archival
- Alter, modify or tamper with the Equipment or Services;
- Restrict, inhibit or otherwise interfere with the ability of any other person to use
the Services or the Internet, including, without limitation, posting or transmitting any
information or software which contains a virus, lock, key, bomb, worm, trojan horse or
other harmful or debilitating feature; or generating levels of traffic sufficient to
impede others’ ability to send or retrieve information; or probing another computer
for open ports without the owner's permission;
- Disrupt the Access Communications network or services or cause a third party to do
- Resell the Service without a business package that explicitly permits you to do
- Use the Service for operation of an Internet Service Providers' business or for any
other business enterprise in competition with any service offered by Access
- Use the Equipment or Services in a way which results in spamming.
Engaging in one or
more of these activities will result in action up to and including immediate termination of
this Agreement without notice or recourse. This Section shall not in any way limit
Access Communications' rights of termination pursuant to other sections of this Agreement or
of the Access Communications General Terms of Service.
The Customer must ensure that their activity while using the Services does not improperly
restrict, inhibit or degrade any other customer's use of the Services, nor represent (in the
sole judgment of Access Communications) an unusually large burden on the network itself,
such as, but not limited to, peer to peer file sharing programs, serving streaming video or
audio, mail, http, ftp, irc, dhcp servers, and multi-user interactive forums. In
addition, the Customer must ensure that their activities do not improperly restrict,
disrupt, inhibit, degrade or impede Access Communications’ ability to deliver the
Services and monitor the Services, backbone, network nodes and/or other network services.
Access Communications reserves the right to set specific limits for Bandwidth Usage,
enforce those limits and charge for excessive Bandwidth Usage for Services at any time.
Customer may create personal pages on Access Communications’ World Wide Web server
(the “Site”) on which the Customer can conceive, design, create, maintain, and
publish texts, diagrams, illustrations, audio clips and related materials (the
“Content”) for access by a global audience. It is the Customer’s
responsibility to regulate and control Content.
The Customer represents, warrants and covenants that the Content on the Site is suitable
for publication on the Customer's personal page, is not libelous or defamatory, does not
breach the intellectual property rights (including, without limitation, copyright) of any
third party, and complies with all laws, regulations, court orders and other legal
requirements. The Customer acknowledges and agrees that, while Access Communications
has no obligation to evaluate any Content or ensure the appropriateness or legality of such
Content, Access Communications may decide to suspend or delete a Customer's personal page
without notice or consent, if you violate this Agreement. In addition, Access
Communications may, in its sole discretion and in addition to such other actions as Access
Communications may determine to be appropriate in the circumstances:
- issue a warning to the Customer;
- suspend access to some or all Services; or
- terminate this Agreement.
Access Communications' Rights
Access Communications has no obligation to monitor Service content. However, the
Customer acknowledges and agrees that Access Communications has the right to monitor content
electronically from time to time and to disclose any information as necessary to satisfy any
law, regulation or other governmental request, to operate properly, or to protect itself or
its subscribers. Access Communications reserves the right to refuse to post or to
remove any information or materials, in whole or in part, that, in its sole discretion, are
unacceptable, undesirable, or in violation of this agreement. Access Communications
reserves the right to monitor all devices attached to its network, including customer
equipment, via port-scans or any other non-intrusive means, in order to maintain the
security of the network. Access Communications also reserves the right to filter
network traffic by port number in order to increase network security.
Access Communications' Retention of Rights
Nothing contained in this Agreement shall be construed to limit Access Communications
actions or remedies in any way with respect to any of the foregoing activities, and Access
Communications reserves at all times all rights and remedies available to it with respect to
such activities at law or in equity.
The installation, use, inspection, maintenance, repair and removal of the Equipment may
result in service outages or potential damage to the Customer's Computer. Access
Communications recommends that the Customer back-up all existing Computer files by copying
them to another storage medium prior to installation of the Equipment. Access
Communications shall have no liability whatsoever for any damage to or loss or destruction
of any of the Customer's software, files, data, or peripherals.
The customer also accepts full responsibility for maintaining backup copies of all files
and data stored on Access Communications’ equipment, such as e-mail messages and data
posted to personal pages.
Software or other content accessed or downloaded using the Services may contain a virus,
lock, key, bomb, worm, trojan horse, or other harmful or debilitating feature. Access
Communications shall have no liability whatsoever for any damage to or loss or destruction
of any Customer software, files or data resulting from any virus, lock, key, bomb, worm,
trojan horse or other harmful or debilitating feature within software or other content
accessed or downloaded by the Customer.
No Access Communications Liability for Content
The Customer should be aware that there is some content on the Internet or otherwise
available through the Services which may be offensive to some customers, or which may not be
in compliance with all local laws, regulations and other rules. Access Communications
assumes no responsibility for and exercises no control over the content contained on the
Internet or otherwise available through the Services. In particular and without
limiting the generality of the foregoing, Access Communications neither censors nor monitors
the legality of any such content. All content accessed and used by the Customer is
done so at the Customer's own risk, and Access Communications shall have no liability
whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or
otherwise relating to access to such content by the Customer.
No Access Communications Liability for Unauthorized Access
The Customer acknowledges that there are inherent risks associated with being connected
to the Services, including the ability of other users of the Internet to access the
Customer’s computing devices and data transmissions without the Customer’s
knowledge. The Customer accepts full responsibility for implementing mechanisms to
prevent unauthorized access to the Customer’s computing devices, files contained
thereon and data transmitted using the Services. Access Communications shall have no
liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising
out of or otherwise relating to unauthorized access to the Customer’s computing
devices, files contained thereon and data transmitted using the Services.
ACCESSSECURE - ADDITIONAL TERMS OF SERVICE
In addition to the General Terms of Service, the following Terms of Service apply to the provision of Security Monitoring and Security Equipment.
Consent to Subcontracting, and to
the Disclosure and Use of Personal Information
You acknowledge that Access Communications Cooperative Ltd may subcontract its
obligations to provide monitoring Services hereunder to another entity (the
“Contractor”). By execution of this Agreement, you consent to such an
arrangement and consent to the disclosure by Access Communications to the Contractor of any
and all information in the possession of the Access Communications related to:
- you (including, but not limited to, name, address and phone number);
- the alarm system purchased by you from Access Communications and any subsequent
upgrades or changes (the “System”);
- the premises in which the System is installed (the “Premises”), and
any and all other information that may reasonably required by the Contractor to provide
the Monitoring Service such as Keyholder schedules, special instructions, etc. You
also consent to the use by the Contractor of all such information for the purpose of
providing Monitoring Services. You also agree that the Contractor may rely upon the
protections afforded to the Contractor in this Agreement notwithstanding that the Contractor
is not a signatory hereto.
You acknowledge that you are aware that no alarm system can guarantee prevention of loss,
that human error on the part of Access Communications or the municipal authorities is always
possible, and that an alarm signal may not be received if the transmission mode is cut,
interfered with, or otherwise damaged or non-operational for any reason.
- Authorization – You authorize Access Communications to make requests for
information, service, orders or equipment in any respect on your behalf to a telephone
company or other entity providing facilities or services for transmission of signals under
- Digital Communicator – You understand that if a digital communicator is
installed under this Agreement, it uses standard telephone lines as the transmission mode
of sending signals.
- Radio/Cellular/Internet – If connection to the Monitoring Centre is to be by any
radio frequency, cellular method or internet transmission then you understand that due to
the very nature of cellular, radio and internet transmissions that there may be times when
the System is unable to secure, maintain or retransmit an alarm signal and, thus, the
utilization of an additional communications means is recommended.
Provided you are not in default hereunder, then upon receipt of an alarm signal from the
System at the Monitoring Centre, Access Communications or its Contractor will endeavour to
contact the Premises by calling the Premises telephone number to verify the alarm. If
the Monitoring Centre attempts to contact the Premises but is unable to do so, or if the
Monitoring Centre is not satisfied with the nature of the response received upon such
contact, the sole responsibility of the Monitoring Centre will be to make reasonable efforts
to provide notification of the alarm promptly to one of the police, fire, other authority or
private alarm response company (as appropriate) by telephone or other communication means,
and to endeavour to notify promptly, or as soon as practicable, an authorized Keyholder by
telephone. The appropriate party to notify shall be as determined by the Monitoring
Centre, acting reasonably, and shall be hereafter referred to as the
“Authority”. It is understood that if the Authority refuses to respond to
the alarm, or if the Monitoring Centre has reason to believe that the Authority will refuse
to respond to the alarm, the Monitoring Centre’s sole responsibility is to endeavour
to notify promptly, or as soon as practicable, a Keyholder by telephone.
If holdup, panic button or carbon monoxide alarm service is furnished under this
Agreement, the sole responsibility of the Monitoring Centre on receipt of such signal from
your Premises will be to transmit the alarm promptly to the headquarters of the
The Monitoring Centre’s obligations under this section cease once the Authority
and/or the Keyholder (as applicable) have been notified by telephone or other communication
means, or where the Monitoring Centre has made reasonable attempts at such notification but
due to circumstances beyond the Monitoring Centre’s reasonable control, notification
was not made.
- Communication charges - You shall pay all charges for the use of telephone lines
or other transmission media necessary or appropriate for the proper operation of the
System and signaling transmission to the Monitoring Centre.
- Municipal charges - You shall pay all charges passed on to Access Communications from your municipality.
- Repairs - You shall do all things as may be reasonably necessary to ensure the
adequate condition and/or functioning of the System on the Premises and acknowledge that
you are responsible for the insurance and maintenance of the System. If, in Access
Communications’ sole and absolute opinion, the System in the Premises is not being
maintained in an adequate condition of repair and function, Access Communications may
suspend or terminate this Agreement upon written notice to you. Subscriber agrees to
pay Access Communications the cost of all repairs, changes or additions to the System,
made at the request of subscriber or made necessary by renovations or alterations in the
Premises, property or equipment. If the System is added to, subscriber shall pay
Access Communications prevailing installation and service charges for additional
- Termination - Upon termination of this Agreement for any reason, you shall promptly
notify your insurer(s). Upon termination, Access Communications shall have the right
to enter the Premises upon reasonable notice to you to reprogram your automatic dialing
service so as to prevent the Monitoring Centre from receiving any further alarm
signals. Failure to do so will result in ongoing charges for the Service which is
Upon execution of this Agreement, you shall provide Access Communications with a
Keyholder Schedule which will set out a list of the names and individual phone numbers of
all persons who shall have the right to enter the Premises (together with passwords to
authenticate their identity) and who may be called upon for a key to enter your Premises
(the “Keyholders”). This Keyholder Schedule may only be changed upon
written notification to Access Communications. You agree to respond or to have your
Keyholder respond, with keys, to the Premises, if his/her attendance is requested by Access
Communications or the Contractor. You shall contact the Monitoring Center of the
Contractor (“Monitoring Center”) at 1-866-949-0078 for the purpose of testing
the operation of the System from time to time on a periodic basis.
It is understood that:
- neither Access Communications nor any Contractor it retains to perform Monitoring
Service hereunder is an insurer and insurance, if any, shall be your responsibility;
- the amounts payable to Access Communications hereunder are based upon the value of the
services and the scope of liability as herein set forth and are unrelated to the value of
your property or property of others located in your Premises. The fees charged by
Access Communications to you reflect the allocation of risk herein and the limited
recourse to Access Communications and its Contractor as provided for in this
Agreement. You agree to look exclusively to your insurer to recover for injury or
damage in the event of any loss or injury and releases and waive all right of recovery
against Access Communications and/or the Contractor arising by way of subrogation.
You expressly waive any right to pursue Access Communications and/or the Contractor for
any loss and agree to indemnify Access Communications and/or the Contractor in accordance
with the indemnity provision herein in the event its insurer pursues Access Communications
and/or the Contractor for any reason.
You shall at all times carefully and properly set the System. You shall immediately
notify Access Communications and the Monitoring Center at 1-800-782-8419 to report any
claims of inadequacy and/or failure of the System, or upon accidentally causing an alarm
signal to be transmitted or activating the alarm. You shall be liable for all false
alarms originating from the System, for whatever reason, and shall assume the cost of and,
if applicable, reimburse Access Communications and its Contractor for any fines or other
charges imposed on you and/or Contractor by any third party including any municipality,
government, police or fire department, government agency, private alarm company or public
utility, as well as the cost of any services that Access Communications or the Contractor is
obliged to render in connection therewith.
You hereby agree to lease or purchase from Access Communications and Access
Communications agrees to sell or lease to you and install at the Premises, the equipment
described in these Terms of Service herein.
All installation charges, equipment purchase costs and taxes must be paid prior to the
- You authorize Access Communications to install the System at the Premises including
transmission boxes and wiring connections necessary to transmit signals from the Premises
to the Monitoring Centre, and to make all necessary preparations such as drilling
holes, driving nails, making attachments or doing any other thing or things necessary or
pertinent to the installation and maintenance of the System. You agree to provide
for lifting and replacing carpeting, if required, for installation of floor mats or
wiring, and agree that Access Communications shall not be responsible for any such
matters. Access Communications intends, generally, to conceal wiring in the finished
areas of the Premises, however, there may be areas in which due to construction,
decoration, or furnishing of the Premises, Access Communications determines, in its sole
discretion, that it would be impractical to conceal the wiring and in such cases, wire
will be exposed. The System shall be located and used at the Premises and not
elsewhere without the prior written consent of Access Communications.
- On the installation date specified on the reverse hereof, you will make the Premises
available without interruption for Access Communications.
- You represent and warrant that you have, or will have, at the time of installation,
appropriate and sufficient electrical outlets and telephone connections as required for
the proper operation of the System.
- You shall ensure that a working telephone line is available at the Premises. If
during installation of the System, the Access Communications installer discovers that a
working telephone line is not available at the Premises; Access Communications may
terminate this Agreement.
- You warrant to Access Communications that you (i) have requested the System for your
own use and not for the benefit of any third party; (ii) own the Premises in which the
System is being installed, or has received the necessary permission to have the System
installed from the Premises owner / landlord; (iii) have reasonable fire, theft and
general liability insurance; and (iv) will inform yourself of the existence of and will
comply with all laws, codes and regulations pertaining to the System that are the subject
of this Agreement.
- Access Communications and its agents are authorized, but shall not be obligated, to
make such inspections and tests of the System as from time to time Access Communications
may deem necessary. It is mutually agreed that the work of installation, service,
periodic inspections and tests shall only be performed between the hours of 8
o’clock a.m. and 5 o’clock p.m. exclusive of Saturdays, Sundays and Access
Communications observed holidays.
Access Communications shall comply with your on-site safety requirements where
applicable. Any protective clothing or special equipment required as a result of your
requirements shall be provided by you at no cost to Access Communications. Access
Communications reserves the right to refuse to commence or continue any work which in its
opinion would have to be done in hazardous conditions. Access Communications shall not
be responsible in any way to you for any refusal to work in or adjacent to hazardous
For all subscribers, Access Communications shall have the right, without any liability to
you, to repossess the System, with or without notice and with or without judicial
proceedings, if you default in any required payments as set out herein. Any damage to
the Premises caused by repossession of the System by Access Communications pursuant to this
provision shall be the responsibility of you, not Access Communications. You assume
all risk of loss of, or damage to, the System following its delivery.
For Purchase Subscribers, title to and property in the System shall remain in Access
Communications until the Total Purchase Price has been paid in full and if paid by cheque,
the cheque has cleared the customer’s account.
For Lease to Own Subscribers, all leases are for a term of 36 months starting from the
installation date. All lease agreements are subject to an approved credit check.
Throughout the term of the lease, title to the System shall remain the sole property of
Access Communications. If after the 36 month lease term the Lease Subscriber is not in
default of any of his/her obligations of this Contract and the Monitoring Centre and whose
account is current; then the title of the System shall be transferred to the
Subscriber. If this Agreement is terminated prior to the expiry of the term of the
lease the Lease Subscriber shall pay to Access Communications an amount equal to the balance
of the monthly lease payments remaining in the term. The Lease Subscriber acknowledges
and agrees the System will be transferred on an “AS IS, WHERE IS” basis
exclusive of any warranties or guarantees, whether express or implied, statutory or
otherwise except as expressly set forth in this agreement.
In addition, Lease to Own Subscribers shall
- have no right of property in the leased equipment except the right to use such
equipment upon the terms and conditions of this Agreement;
- not remove, deface or obscure any labels on the rented equipment which indicate that
Access Communications is the owner;
- not part with possession of the System nor remove the same from the Premises;
- keep the leased equipment in good condition free of all levies, liens and
- not attach to or use with the leased equipment in any way any equipment, apparatus,
circuits, devices or services not provided by Access Communications, whether physical, by
induction or otherwise, except as permitted by Access Communications.
WARRANTY FOR SYSTEM
- NEITHER ACCESS COMMUNICATIONS NOR CONTRACTOR WARRANTS THAT THE OPERATION OF THE SYSTEM
WILL BE CONTINUOUS, UNINTERRUPTED OR ERROR FREE. EXCEPT AS SET FORTH IN C.
BELOW, ACCESS COMMUNICATIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABLE QUALITY AND FITNESS FOR A
PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE IS NO
WARRANTY FROM ACCESS COMMUNICATIONS OR ANY CONTRACTOR IT RETAINS TO PERFORM MONITORING
SERVICES THAT THE SYSTEM OR THE MONITORING SERVICE PROVIDED WILL AVERT OR PREVENT
OCCURRENCES OR THE CONSEQUENCES THERE FROM, WHICH THE SYSTEM IS DESIGNED TO DETECT.
- YOU ACKNOWLEDGE THAT YOU ARE PURCHASING EACH ITEM OF EQUIPMENT BASED ON YOUR OWN
JUDGMENT AND WITHOUT RELIANCE ON ACCESS COMMUNICATIONS, AND THAT NOTHING IN THIS AGREEMENT
IS INTENDED TO OPERATE OR HAVE THE EFFECT OF A SALE OF SERVICES OR PARTS BY
DESCRIPTION. YOU CONFIRM THAT WITHOUT THIS PROVISION, ACCESS COMMUNICATIONS WOULD
NOT HAVE ENTERED INTO THE AGREEMENT.
- ACCESS COMMUNICATIONS WARRANTS THE PARTS CONTAINED IN THE SYSTEM AND THE WIRING OF THE
SYSTEM AGAINST DEFECTIVE PARTS AND WORKMANSHIP FOR A PERIOD OF ONE (1) YEAR FROM THE DATE
OF INSTALLATION, AND WARRANTS ALL LABOUR PERFORMED UNDER THIS AGREEMENT FOR A PERIOD OF
ONE (1) YEAR FROM THE DATE OF INSTALLATION. THE WARRANTY EXCLUDES BATTERIES,
ESTHETIC IMPROVEMENTS TO THE SYSTEM, ADDING PARTS TO EXISTING SYSTEM, MOVING, RELOCATING
OR DISCONNECTING THE SYSTEM. ACCESS COMMUNICATIONS FURNISHES THIS WARRANTY IN LIEU
OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE
SYSTEM AND THE INSTALLATION, MAINTENANCE OR REPAIR OF THE SYSTEM. UPON NOTIFICATION
OF A DEFECT DURING THE WARRANTY PERIOD, ACCESS COMMUNICATIONS SHALL HAVE THE OPTION TO
REPAIR OR REPLACE THE DEFECTIVE PARTS OF THE SYSTEM AS INSTALLED AT NO EXTRA COST EXCEPT
IN THE CASE OF CARELESS USE OF THE SYSTEM BY YOU. IF ACCESS COMMUNICATIONS REMOVES
ANY PART OF THE SYSTEM TO RESTORE THE SYSTEM TO GOOD WORKING ORDER, THE PARTS SO REMOVED
BECOME THE PROPERTY OF ACCESS COMMUNICATIONS. THE REPLACEMENT PART SHALL BECOME PART
OF THE SYSTEM. REPAIRS DURING THE WARRANTY PERIOD INCLUDE LABOUR, PARTS AND SUCH
SERVICING AS MAY BE NECESSARY TO KEEP THE SYSTEM IN GOOD WORKING ORDER IN ACCORDANCE WITH
THE MANUFACTURER’S SPECIFICATIONS. WARRANTY REPAIRS PERFORMED DURING THE
WARRANTY PERIOD WILL BE RENDERED FREE OF CHARGE DURING ACCESS COMMUNICATIONS’ NORMAL
WORKING HOURS ONLY (I.E. 8:00 A.M. TO 5:00 P.M., MONDAY TO FRIDAY, EXCLUDING
ACCESS COMMUNICATIONS’ OBSERVED HOLIDAYS). REPLACEMENT PARTS SHALL BE THE
MANUFACTURER’S SUGGESTED REPLACEMENT COMPONENT FOR THE SYSTEM OR ITS FUNCTIONAL
EQUIVALENT AND NEED NOT BE NEWLY MANUFACTURED BUT SHALL OPERATE AS IF IN NEW
CONDITION. THE AFOREMENTIONED REPAIR OR REPLACEMENT SHALL BE YOUR SOLE EXCLUSIVE
- ACCESS COMMUNICATIONS SHALL HAVE NO OBLIGATION TO PERFORM WARRANTY MAINTENANCE OR
REPAIRS REQUIRED DUE TO, RESULTING FROM, OR IN ANY WAY RELATED TO:
- ACCIDENTS, ACTS OF GOD, ABUSE, MISUSE OR INSTALLATION, REARRANGEMENT, RELOCATION,
ALTERATION OR MAINTENANCE OF THE SYSTEM BY A PARTY OTHER THAN ACCESS COMMUNICATIONS,
OR THE ATTACHMENT, INTERCONNECTION OR USE OF THE SYSTEM WITH ACCESSORIES, OR SERVICES
NOT PROVIDED OR MAINTAINED BY ACCESS COMMUNICATIONS, OR DUE TO ANY CAUSE THAT IS
EXTERNAL TO THE SYSTEM, OR DUE TO FAILURE ON YOUR PART TO CONTINUOUSLY MAINTAIN
ADEQUATE ELECTRICAL POWER, AIR CONDITIONING, TEMPERATURE, HUMIDITY LEVELS, OR A
SUITABLE OPERATING ENVIRONMENT FOR THE SYSTEM, OR DUE TO ANY CHANGES IN SPECIFICATIONS
FOR THE SYSTEM, OR DUE TO ANY PROBLEMS REQUIRING SOFTWARE MODIFICATIONS, PROGRAMMING
SUPPORT OR NEW SOFTWARE; OR
- YOUR FAILURE TO PROPERLY CLOSE OR SECURE A DOOR, WINDOW OR OTHER POINT PROTECTED
BY THE SYSTEM; OR
- YOUR FAILURE TO PROPERLY FOLLOW OPERATING INSTRUCTIONS PROVIDED BY ACCESS
- COMMUNICATIONS FAILURES; OR
- TROUBLE DUE TO A POWER INTERRUPTION.
FURTHER, ACCESS COMMUNICATIONS SHALL HAVE NO OBLIGATION TO PERFORM WARRANTY
MAINTENANCE OR REPAIRS IF YOU ARE UNABLE TO PROVIDE ACCESS COMMUNICATIONS OBSTACLE-FREE
ACCESS TO THE SYSTEM, HAVE REMOVED THE SYSTEM FROM THE PREMISES FOR ANY REASON, IF ANY
SYSTEM LABELS OF THE MANUFACTURER, ANY AUTHORITY HAVING JURISDICTION, OR OF ACCESS
COMMUNICATIONS HAVE BEEN REMOVED, ALTERED, DEFACED, TAMPERED WITH OR ARE MISSING, OR IF
ANY PAYMENTS REQUIRED TO BE MADE BY YOU TO ACCESS COMMUNICATIONS ARE IN ARREARS.
- SHOULD YOU REQUEST, AND ACCESS COMMUNICATIONS AGREE, TO PERFORM MAINTENANCE OR REPAIRS
IN ANY OF THE CIRCUMSTANCES DESCRIBED IN D., SUBSCRIBER AGREES TO PAY ACCESS
COMMUNICATIONS’ PREVAILING CHARGES FOR LABOUR AND PARTS AS WELL AS ANY OTHER CHARGES
NECESSARY TO BRING THE SYSTEM UP TO ACCEPTABLE STANDARDS IN ORDER THAT MAINTENANCE
HEREUNDER MAY CONTINUE. ACCESS COMMUNICATIONS SHALL BE THE SOLE JUDGE AS TO WHAT
CORRECTIVE OR OTHER REPAIRS ARE REQUIRED IN SUCH CIRCUMSTANCES. ACCESS
COMMUNICATIONS SHALL NOT BE OBLIGED TO PROVIDE A TEMPORARY REPLACEMENT SYSTEM DURING THE
PERFORMANCE OF ANY MAINTENANCE OR REPAIRS.
IT IS UNDERSTOOD THAT AFTER THE WARRANTY PERIOD, ACCESS COMMUNICATIONS WILL CHARGE
ITS APPLICABLE CURRENT RATE FOR ALL PARTS WHICH HAVE BEEN REPLACED.
- THIS WARRANTY IS NOT TRANSFERABLE
LIMITATION OF WARRANTY
- NEITHER THE DEALER NOR CONTRACTOR WARRANTS THE MONITORING
SERVICE TO BE UNINTERRUPTED OR ERROR FREE. DEALER AND
CONTRACTOR DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE IS
NO WARRANTY FROM THE DEALER OR ANY CONTRACTOR IT RETAINS TO
PERFORM MONITORING SERVICES HEREUNDER THAT THE SYSTEM OR THE
MONITORING SERVICE PROVIDED WILL AVERT OR PREVENT
OCCURRENCES OR THE CONSEQUENCES THERE FROM, WHICH THE SYSTEM
OR MONITORING SERVICE IS DESIGNED TO DETECT.
- NEITHER DEALER NOR CONTRACTOR SHAL BE LIABLE TO SUBSCRIBER
OR ANY OTHER PERSON CLAIMING THROUGH OR UNDER SUBSCRIBER FOR
ANY LOSS, DEMAND, CLAIM, DAMAGE OR INJURY WHATSOEVER, NO
MATTER WHERESOEVER OR HOWEVER CAUSED; NOR FOR ANY INDIRECT,
SPECIAL, CONSEQUENTIAL, INCIDENTAL, ECONOMIC, PUNITIVE OR
OTHER DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION,
LOSS OF DATA OR PROGRAMS, BUSINESS INTERRUPTION, LOSS OF
INCOME, LOSS OF PROFIT OR FAILURE TO REALIZE UNEXPECTED
SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS); ARISING
DIRECTLY OR INDIRECTLY FROM THE SERVICES BEING PROVIDED
UNDER THIS AGREEMENT, THE SUBSCRIBERS USE OR INTENDED USE OF
THE SERVICES, OR THIS AGREEMENT. THE FOREGOING SHALL APPLY
EVEN IF THE ALARM COMPANY OR ITS CONTRACTOR HAD BEEN
ADVISED, HAD KNOWLEDGE OF, OR REASONABLY COULD HAVE
FORESEEN, THE POSSIBILITY OF SUCH LOSS, DEMAND, CLAIM OR
DAMAGE, AND REGARDLESS OF WHETHER THE CAUSE OF ACTION AROSE
FROM BREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH OR
OTHERWISE), NEGLIGENCE OR ANY OTHER CAUSE OF ACTION IN LAW
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE
FOREGOING LIMITATION OF LIABILITY INCLUDES BUT IS NOT
LIMITED TO LOSSES, DEMANDS, CLAIMS OR DAMAGES ARISING
DIRECTLY OR INDIRECTLY FROM:
IF, NOTWITHSTANDING THE FOREGOING, DEALER AND/OR CONTRACTOR
SHOULD BE FOUND LIABLE TO SUBSCRIBER, ITS AND THEIR
LIABILITY SHALL BE LIMITED TO A SUM EQUAL TO THE COST PAID
BY THE SUBSCRIBER TO THE ALARM COMPANY FOR THE SERVICES
HEREUNDER OVER THE LAST 12 MONTH PERIOD, WHICH SHALL BE THE
AGREED UPON DAMAGES AND SHALL BE SUBSCRIBER'S EXCLUSIVE
REMEDY, AND SUBSCRIBER SHALL INDEMNIFY AND SAVE DEALER AND
CONTRACTOR HARMLESS AGAINST ANY CLAIMS IN EXCESS OF THIS
- OCCURRENCES, OR CONSEQUENCES THERE FROM, WHICH THE
SERVICE OR SYSTEMS PROVIDED HEREUNDER ARE DESIGNED TO
DETECT OR AVERT;
- DEFECTS OR DEFICIENCIES IN THE SERVICES OR THE SYSTEM
- ANY DELAY IN RESPONSE OR NON-RESPONSE OF ANY AUTHORITY
OR PERSONS (INCLUDING THOSE SET FORTH IN THE KEYHOLDER
- ANY FAILURE OF CONTRACTOR OR DEALER TO NOTIFY ANY
KEYHOLDER OR AUTHORITY WHERE SUCH PARTY IS UNABLE TO DO
SO BY REASON OR CAUSES BEYOND THE CONTROL OF CONTRACTOR
- SUBSCRIBER'S PURCHASE, USE OR INTENDED USE OF THE
SYSTEM OR MONITORING SERVICE WHETHER FORESEEABLE OR
- CONTRACTOR OR DEALER FOLLOWING THE INSTRUCTIONS
PROVIDED BY SUBSCRIBER OF THE STEPS TO TAKE IN THE EVENT
OF AN ALARM SIGNAL; OR
- INACCURATE OR OUTDATED SUBSCRIBER INFORMATION.
DELAYS/FORCE MAJEURE NEITHER DEALER NOR THE CONTRACTOR
ASSUME LIABILITY FOR INTERRUPTIONS OR DELAYS IN THE
SERVICES PROVIDED HEREUNDER OR THE FAILURE TO PROVIDE
SERVICES WHERE SUCH INTERRUPTION, DELAY OR FAILURE WAS
DIRECTLY OR INDIRECTLY CAUSED BY STRIKE, RIOT, FLOOD,
FIRE, ACTS OF GOD, ANY ACTS (OR FAILURE TO ACT) OF ANY
GOVERNMENTAL AUTHORITY, SEVERE WEATHER CONDITIONS OR ANY
OTHER CAUSES BEYOND THEIR RESPECTIVE CONTROL, WHETHER
FORESEEABLE OR UNFORESEEABLE INCLUDING WITHOUT LIMITATION,
THE INTERRUPTION OR BREAKDOWN OF THE SYSTEM, EQUIPMENT OR
TELEPHONE SERVICES, WHETHER WITHIN THE SUBSCRIBERíS
PREMISES, AT THE MONITORING CENTER OR ON THE WIRES BETWEEN
(I) THE SUBSCRIBERíS PREMISES AND THE MONITORING CENTER OR
(II) THE MONITORING CENTER AND ANY AUTHORITY. THE ALARM
COMPANY AND ITS CONTRACTOR SHALL NOT BE REQUIRED TO SUPPLY
MONITORING OR OTHER SERVICE TO SUBSCRIBER WHILE ANY OF THE
ABOVE CONDITIONS EXIST AND SHALL NOT BE LIABLE TO
SUBSCRIBER FOR LOSSES OF ANY KIND DURING SUCH PERIOD OF
INTERRUPTION OR DELAY OF SERVICE, OR FAILURE TO PROVIDE
The fees charged by the Alarm Company to Subscriber reflect
the allocation of risk herein and the limited recourse to the
Alarm Company provided for in this Agreement. Accordingly,
notwithstanding any other terms, conditions and covenants
contained in this Agreement, the Subscriber shall promptly
indemnify and save harmless the Alarm Company, the Contractor,
and each of their respective officers, directors, employees,
agents and contractors, from and against all claims, suits,
liability, losses, damages or expenses (ìClaimsî) that may be
made against the Alarm Company or its Contractor by Subscriber
or any third party arising from or relating to this Agreement
or the Services provided hereunder, including, but not limited
to, Claims related to:
- any injury to persons (including personal injury, bodily
injury and death), any damage to, or loss of property, or
any infringement of rights caused directly or indirectly
by the breach of any covenant, term or condition of this
Agreement by the Subscriber;
- any omission, wrongful, negligent, fraudulent or
criminal act of the Subscriber;
- all liabilities and expenses related to any violation of
this Agreement by Subscriber;
- any special, indirect, incidental or consequential
damages whatsoever and howsoever caused, including but not
limited to, any loss of profits, loss of business revenue,
failure to realize expected savings or any other
commercial or economic loss, even if the Alarm Company is
made aware of the possibility; or
- any damage, loss or injury caused by or contributed to
directly or indirectly, inaccurate or outdated information
provided by Subscriber to the Alarm Company.
The Subscriber shall save harmless and indemnify the Alarm
Company, its officers, employees, agents and contractors, and
the Contractor, its officers, employees, agents and
contractors, from and against all claims, suits, liabilities,
losses, damages or expenses incurred by the Alarm Company
relating to the matters set forth in this Agreement,
including, without any limitation, all fees and expenses
incurred by the Alarm Company and/or Contractor in attempting
to enforce any of this Agreement, or in recovering any charges
or any damages for breach of any covenant, term or condition
of this Agreement. All remedies conferred upon the Alarm
Company and Contractor shall be deemed to be cumulative and no
one is exclusive of the other or any other remedy conferred by