Welcome to the Access Communications Co-operative Limited website. Please read these terms and conditions the website use. By using the website, you agree to comply with all of the terms and conditions set out below.
ACCESS COMMUNICATIONS GENERAL TERMS OF SERVICE
Updated January 2021
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 upon request.
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 permission.
These Terms and Conditions of Service are governed exclusively by the laws of Saskatchewan and Canada applicable therein.
These General Terms of Service, together with any additional Terms documents, completed and signed Agreements or 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 Commu- nications for the services and supersede all prior agreements, written or oral. If any portion of these General Terms of Service or additional Terms documents are 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 inure 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”, and 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 billing.
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 billing information.
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 judgment, 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, INSTALLATION 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 pre-authorized payment authorization, in payment for all Equipment charges.
The customer assumes full responsibility for any incidental damages caused to real property by the installation or removal of equipment used to provide services.
All Access Communications equipment must be installed and activated by Access Communications at the Service Address, unless Access Communications makes a self-installation option available (self-installation may also be available for other equipment). If you choose any self-installation option, you are responsible for and assume all risks and liability associated with installation and use, including any deviation from any recommendation provided by Access Communications on the set-up and use of the Equipment.
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 indirectly:
a. use the services or any of our equipment:
i) 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 the foregoing;
ii) to make prank, harassing, threatening, annoying, abusive or offensive calls or other communications;
iii) to invade another person’s privacy or collect or store personal data about other users of the services;
iv) to stalk or otherwise harass another;
v) to harm minors;
vi) to unlawfully use, transmit, disseminate or otherwise make available content that is unlawful, threatening, abusive, libelous, slanderous, defamatory or otherwise offensive;
vii) to unlawfully promote or incite hatred;
viii) to transmit, disseminate or otherwise make available objectionable information;
ix) 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;
b. 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;
c. abuse or fraudulently use the services;
d. alter, modify or tamper with the services, our equipment, our facilities and/or our network;
e. remove the equipment from your premises without our prior consent;
f. 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
g. 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.
ACCESS COMMUNICATIONS’ RIGHTS OF ENTRY AND SERVICE INTERRUPTION
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 if the Security System is causing signal disruption at the Monitoring Station 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:
a. if the Equipment fails or is not configured correctly;
b. in the event of a network outage or power failure;
c. if you tamper with or move your Equipment to a location other than your service address; and/or
d. following suspension or termination of your Services account(s).
Access Communications does not warrant uninterrupted use of the services or that the services will be available at all times or when available, that it will not be impaired in terms of its performance.
There is a minimum 31 day charge for any service you receive from Access Communications. 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 law.
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.
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.
If you have entered into a written service agreement for any Service with Access Communications, in the event that your Service is terminated prior to the end of the service agreement term, termination charges will apply as per the service agreement that you entered into with Access Communications.
ACCESS COMMUNICATIONS INITIATED SUSPENSION OR TERMINATION OF SERVICES
Access Communications may restrict, block, suspend or terminate service when a customer:
• 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 disruptions;
• 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 from the service address, alters, abuses, disconnects, removes from the service address, 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 any);
• 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; and
• 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 will apply.
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 COPY RIGHT, 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.
• NOT WITHSTANDING 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, SUBJECT TO APPLICABLE LEGISLATION. 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. ACCESS DOES NOT WARRANT THAT THIS SERVICE OR ITS FEATURES IS SUITABLE FOR A PARTICULAR PURPOSE REGARDLESS OF ANY KNOWLEDGE OF THE CUSTOMER’S PARTICULAR NEEDS. ALL REPRESENTATIONS, WARRANTIES, ENDORSEMENTS AND CONDITIONS OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE OR NONINFRINGEMENT 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.
NEITHER ACCESS COMMUNICATIONS NOR THE CONTRACTORS 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 ANY SYSTEMS, EQUIPMENT OR TELEPHONE SERVICES, WHETHER WITHIN YOUR PREMISES, AT THE MONITORING CENTER OR ON THE WIRES BETWEEN (I) YOUR 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 YOU WHILE ANY OF THE ABOVE CONDITIONS EXIST AND SHALL NOT BE LIABLE TO YOU FOR LOSSES OF ANY KIND DURING SUCH PERIOD OF INTERRUPTION OR DELAY OF SERVICE, OR FAILURE TO PROVIDE SERVICE. ACCESS COMMUNICATIONS RETAINS THE RIGHT TO TERMINATE ALL AGREEMENTS WITHOUT NOTICE SHOULD ANY OF THE ABOVE EVENTS OCCUR.
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. 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 services;
• To manage and develop our operations, including personnel and employment matters;
• To meet legal and regulatory requirements.
CONTACTING ACCESS COMMUNICATIONS
There are a number of ways a customer can reach us:
• Web access: www.myaccess.ca
• Telephone: 306-569-2225 (customer care) or 306-569-2220 (technical support)
• Toll-free at 1-866-363-2225 or 1-877-469-0418 (AccessInternet) or 1-866-328-6144 (Rural Internet)
• E-Mail: firstname.lastname@example.org
• In person at 2250 Park Street, Regina; or 1126 Sixth Street, Estevan; or
120 Tenth Avenue, Weyburn; or 22 Sixth Avenue N., Yorkton; or 1192 99 Street, North Battleford; or 712 Finlayson Street, La Ronge; or 826 57th Street East, Saskatoon; or any of the authorized dealers identified on www.myaccess.ca/store-locator/.
• Mail Access Communications Co-operative Limited 2250 Park Street Regina, SK S4N 7K7
COMMISSIONER FOR COMPLAINTS FOR TELECOM-TELEVISION SERVICES (CCTS)
CCTS is an independent agency whose mandate is to resolve complaints of consumers about their telecom and TV services, and complaints of small business customers about their telecom services, free of charge. If you have a complaint about your telephone, internet or TV service, you must first try to resolve it directly with your service provider. If you have done so and have been unable to reach a satisfactory resolution, CCTS may be able to help you.
To learn more about CCTS, you may visit its website at www.ccts-cprst.ca or call toll-free at 1-888-221-1687.
AccessInternet & AccessRural Internet ADDITIONAL TERMS OF SERVICE
In addition to the General Terms of Service, the following Terms of Service apply to the provision of Internet and Rural 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 time.
The equipment provided by Access Communications (“Equipment”) will provide Customers with one or more of the following, collectively called the Services:
a. Internet access;
b. Email addresses;
c. Web space on the Access Communications World Wide Web Server;
d. AccessSmart Wi-Fi;
e. AccessSmart Wi-Fi+ powered by Plume HomePass®.
The customer acknowledges that the Internet download and upload speeds specified on the Access website or in any promotional material and documentation provided by us represent maximum attainable speeds under optimal conditions. Access does not guarantee that these speeds will be attainable at all times or in all locations.
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:
a. Invade another person’s privacy;
b. 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 or objectionable;
c. Unlawfully promote or incite hatred;
d. Post, transmit or disseminate objectionable information, including, without limitation, any tran missions 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;
e. 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 person;
f. 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 right holder;
g. 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 purposes;
h. Alter, modify or tamper with the Equipment or Services;
i. 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 infomation; or probing another computer for open ports without the owner’s permission;
j. Disrupt the Access Communications network or services or cause a third party to do so;
k. Resell the Service without a business package that explicitly permits you to do so;
l. 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 Communications;
m. Use the Equipment or Services in a way which results in spamming;
n. Request or collect personal or other information from a minor who is not personally known to the User or otherwise use the Email Services to harm a minor in any way;
o. Forge any header or otherwise manipulate identifiers in order to mislead recipients as to the origin of any User Content transmitted through the Email Services;
p. Interfere with or disrupt the Email Services (including accessing the Email Services through any automated means, like scripts or web crawlers), or any servers or networks connected to the Email Services, or any policies, requirements or regulations of networks connected to the Email Services; or
q. Take any action that imposes an unreasonable or disproportionately large load on the Email Services or its suppliers.
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, deny, suspend or terminate the Service or any part, component or feature thereof, without notice to anyone believed to be using the Service or feature in any manner that adversely impacts Access Communications’ network or its service levels as determined by Access Communications and charge for excessive Bandwidth Usage for Services at any time.
SERVICE LIMITATIONS, PERFORMANCE AND AVAILABILITY
For Rural Internet, the Service is full dependent upon the maintenance of minimum direct line of site requirement which if not met or maintained may prevent access to the Service. Additionally, the performance and availability of the Service is subject to terrain, atmospheric, and weather factors that are difficult to predict and overcome. Accordingly, Access Communications makes no representation or warranty that the Service will be uninterrupted or error free, available at all times, or, when available, will not be impaired in terms of its performance.
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:
a. issue a warning to the Customer;
b. suspend access to some or all Services; or
c. 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 nonintrusive 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 also reserves the right to employ traffic management policies to preserve network security and to ensure proportional access to its network for all Access Internet customers.
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. The Customer is responsible for any misuse of the Services that originate from their account, even activities committed by any friend, family, co-worker, employee, guest or anyone with access. The Customer is responsible for the security of any device they connect to the Services, including, without limitation, data stored on that device. The Customer acknowledges they are executing this Agreement on behalf of all persons who use the Services through your computer. The Customer assumes all liability for such use of the Services and is responsible for ensuring all such other users understand and comply with the terms and conditions of the Agreement. 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.
AccessNexTV Terms of Service
ADDITIONAL TERMS OF SERVICE
In addition to the General Terms and Conditions, and all other Terms of Service, the following Terms of Service apply to the provision of AccessNexTV, our internet protocol television service.
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.
AccessNexTV is a service that allows our customers to stream live, recorded and on demand content from the Site or through the Application. The Service may be accessible for in-home use on your TV or on your mobile devices for out-of-home or mobile use, subject to availability. All services may not be available in all areas. Some channels are not available for out of house streaming and some content is not available for streaming due to copy protection assigned by the program provider.
Except for the limited rights granted to you in these Terms, all rights, title, interest, and intellectual property rights in and to:
i. the Site and the Application and each of their respective components; and
ii. any content available for viewing or download on or through the Site or Application (the “Content”) are the property of their respective owners and are protected by applicable trademark, copyright or other intellectual property laws and treaties.
The Site and the Application are available on compatible digital devices (including tablet devices or mobile devices), through which you have an internet connection. Your TV, digital devices, software, and internet connection must meet minimum technical requirements. 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 time, and you are responsible for updating or maintaining your digital devices, Application, and internet connection as necessary to meet these requirements. We may also provide software updates from time to time as required.
SERVICES PROVIDED, SERVICE LIMITATIONS, PERFORMANCE AND AVAILABILITY
The Service is only available to users within Canada who subscribe to AccessNexTV – HD TV through an AccessNexTV set-top box. The Content accessible through the Site and Application will depend on the AccessNexTV – HD TV package and/or any add-ons you subscribe to. There may also be additional availability limitations depending on the Content you would like to view and content provider restrictions. The App is only accessible in Canada; however, some content is not available for streaming due to copy protection assigned by the program provider. Due to contract rights provided by the programmers some channels may only be available to view on 2 devices at the same time. A separate subscription to third-party apps is required to view content. Those apps are only accessible on the TV connected to the AccessNexTV set-top box. Some Apps including Netflix are not supported on the AccessNexTV set-top box. Casting of Netflix is not supported at this time. More content/channels and features are available in your home with an AccessNexTV set top box vs. with your own devices or outside the home.
There is no limit on the number of devices. We support up to 15 streaming devices, 5 in home streams, 3 out of home streams, maximum of 5 active streaming devices per account and a maximum of 2 concurrent streams per channel. AccessNexTV set top boxes are not included in this count. Access Communications may change such number at any time without notice. Any attempt to circumvent the limit is a breach of these Terms.
Higher internet speeds are recommended for households using multiple streams at a time. A minimum of 25 Mbps is recommended for optimal viewing. The range of the wireless signal may vary due to electromagnetic interference, home construction material, obstructions, and other environmental factors. When you are using the Service and are not connected to your Access Communications internet but are otherwise connected to the internet (whether through a different internet service provider or when you are using mobile data), certain Content may be unavailable, or you may be subject to limitations with respect to viewing Content.
You are responsible for charges relating to PPV programming and on demand rentals. You are responsible for any internet usage or cellular data usage charges you incur to access the Service. Viewing of programming on personal devices may be subject to any data usage charges regularly associated with the use of such personal devices. Interactive services and applications also may incur additional data usage charges.
You will require a Google account to sign in to access all the features of AccessNexTV.
If you no longer wish to use the Service, you can stop using the Site and the Application and delete all copies of the Application.
PROHIBITED USES OF SERVICE
Federal law provides severe civil and criminal penalties for the unauthorized reproduction, distribution or exhibition of copyrighted motion pictures and certain programming, and Access Communications shall not be liable for the same, nor is Access Communications granting you any rights in that regard whatsoever.
i. use that complies with all applicable laws in the jurisdiction in which you use the Site, Application and Content,
ii. use for which no fee or payment of any kind is charged or received,
iii. use which takes place in your private premises, or if outside your private premises, is limited to a private viewing for you and your invitees; and
iv. use that specifically excludes any public presentation, even if no fee is charged.
ACCESS COMMUNICATIONS’ RIGHTS
Access Communications may change the Site or Application (including any features and functionality), and any provision of these Terms, at any time without prior notice to you.
By using the software provided by us (“Software”) you acknowledge that you have read this Software License Agreement (“Agreement”), understand it, and agree to its terms. If you do not agree, you may not use the Software.
1 Grant of Limited License. Subject to your compliance in all material respects with the terms and conditions of this Agreement, you are granted a limited, non-transferable, non-assignable, non-sublicensable, non-exclusive license to use the Software solely in connection with the Products intended by us. Any other use of the Software is not permitted.
2.1. Except as expressly permitted by this Agreement, you shall not: (a) use, copy, print, modify, adapt, create derivative works from, market, deliver, rent, lease, sub license, make, have made, assign, pledge, transfer, sell, offer to sell, import, reproduce, distribute, publicly perform, publicly display or otherwise grant rights to the Software, or any copy thereof, in whole or in part, except as expressly permitted under this Agreement; (b) reverse engineer, disassemble, decompile or translate the Software, or otherwise attempt to derive the source code, architectural framework or the data records of the Software, or authorize any third party to
do any of the foregoing; (c) access the Software for purposes of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Software; (d) loan, resell or distribute the Software, or any part thereof, in any way; or (e) use the Software in any way that does not comply with all applicable laws and regulations.
3 Ownership. The Software is licensed, not sold, to you for your use only under the terms and conditions of this Agreement. We or our licensors own all rights, title and interest in the Software (including, but not limited to all copyrights, patents, patent applications, trade secrets, trademarks, source code, text and any images, photographs, icons, graphics, animations, video, audio, music, and all other materials incorporated within the Software), and the Software is protected by copyright and other intellectual property laws and treaties. All rights not expressly granted herein are reserved by us and our licensors.
4 Open Source Software. The Software may include open source software components. These open source components are provided to you on and subject to the terms of the applicable open source license, which are available on request.
5 NO WARRANTY. YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT, NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE
NO WARRANTY THAT: (i) THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT IT WILL OPERATE IN CONNECTION OR COMBINATION WITH ANY SOFTWARE, SYSTEM OR EQUIPMENT NOT PROVIDED BY US; (ii) THE SOFTWARE WILL BE ERROR-FREE; OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE.
6 LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF WE HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF
THE SOFTWARE EXCEED THE AMOUNT YOU HAVE PAID FOR THE SOFTWARE. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR RESTRICT THE LIABILITY OF US TO YOU FOR ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.
7 Termination. This Agreement is effective until terminated by you or by us. You may terminate this Agreement at any time by destroying or returning to us all copies of the Software and associated documentation. Your rights under this Agreement shall terminate automatically without notice from us if you violate any of the terms of this Agreement. Upon termination of this Agreement, all rights granted to you under this Agreement shall immediately terminate, but all other provisions shall survive termination.
8 Changes to the Software. We reserve the right to modify or discontinue, temporarily or permanently, the Software or any documentation related to the Software and may amend or modify this Agreement at any time in its sole discretion upon notice to you. Your continued use of the Software following notice of such change shall be deemed to be its acceptance of any such change. If you do not agree to any such change, you must immediately stop using the Software and notify us that you are terminating this Agreement.
9.1. This Agreement is the entire agreement between you and us concerning use of the Software. It supersedes any prior or contemporaneous oral or written negotiations or any agreements between you and us with respect to the Software and any supporting documentation.
9.2. You may not assign any of your rights or obligations under this Agreement to another party.
9.3. Any failure by us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
9.4. If any provision of this Agreement is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified, or if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability without in any way affecting the remaining parts of this Agreement.
AccessSecure Monitoring Terms of Service
In addition to the General Terms of Service, the following Security Monitoring Terms of Service (the “Security Monitoring Terms”) apply to the provision of residential or commercial Security Monitoring Services and Security Equipment to you, and form part of your Agreement for Services.
CONSENT TO SUBCONTRACTING AND ALARM.COM TERMS
You acknowledge that Access Communications Co-operative Ltd. may subcontract all or a portion of its obligations to provide Monitoring Services hereunder to another entity (the “Contractor”). By agreeing to these Security Monitoring Terms, you consent to such an arrangement.
In particular, Access Communications has entered into an arrangement with Alarm.com in connection with the SmartHome Monitoring Services, and accordingly you are required to review and accept the Alarm.com Terms attached as Schedule “A”. By using or continuing to use the Monitoring Services you will be deemed to accept the Alarm.com Terms. Please ensure that you have reviewed the Alarm.com Terms carefully.
For the purposes of these Security Monitoring terms, “Contractor” refers to Alarm.com as well as any other subcontractor engaged by Access Communications from time to time.
Provided you are not in default hereunder, then upon receipt of an alarm signal from the System at the alarm signal monitoring centre operated by Access Communications or its Contractor (the “Monitoring Centre”), the Monitoring Centre will endeavor to contact the Premises by calling the telephone number at the Premises 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 (the “municipal authorities”) or private alarm response company (as appropriate) by telephone or other communication means, and to endeavor to notify promptly, or as soon as practicable, one of your authorized Keyholders (defined below) by telephone. The appropriate authority or other party to notify shall be as determined by the Monitoring Centre, acting reasonably, and shall be hereafter referred to as the “Authority”.
If fire, holdup, panic button or carbon monoxide alarm service are part of the Monitoring Services provided to you, the Monitoring Centre will attempt to contact the premise but if no response is received or is not satisfied with the nature of the response received upon such contact, 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 applicable 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 endeavor to notify promptly, or as soon as practicable, a Keyholder by telephone.
The event response is subject to the applicable bylaws in the community that the system is installed.
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.
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 any municipal authorities contacted as part of the Monitoring Services (i.e. police, fire, or other authority) 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. Further, you acknowledge that we have no control over the maintenance or repair of communication facilities provided by third parties and that we shall not be liable for any loss, damage or personal injury to you or the Premises as a result of a failure or malfunction of these communication facilities. In particular:
• Digital Communicator – You understand that if a digital communicator is installed as part of the Monitoring Services provided to you, 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.
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 required for the provision of the Monitoring Services.
Access Communications may terminate the Monitoring Services without notice if the
System is destroyed or substantially destroyed or otherwise deemed to be inoperable, and/or if Access Communications is unable to secure or retain the connections or privileges necessary for the transmission of the signals, or if Access Communications loses access to its communication network and channels.
a. 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.
b. Municipal charges - You shall pay all charges passed onto Access Communications by the applicable municipal authority for your security monitoring services.
c. Maintenance and 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 (including maintaining adequate electrical power, air conditioning, temperature, humidity levels, and a suitable operating environment for the System) and acknowledge that you are responsible for the insurance and maintenance of the System. We recommend that you contact the Monitoring Centre at 1-844-364-3400 or 1-902-468-3372 for the purpose of testing the operation of the System on a periodic basis. 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 the Monitoring Services upon written notice to you.
d. Access to Premises – You will provide Access Communications with access to the System and/or your Premises from time to time (upon reasonable notice to you) for the purposes of inspection, maintenance and any other purpose which is contemplated in these Security Monitoring Terms.
e. Changes to Premises - Subscriber agrees to pay Access Communications the cost of all repairs, changes or additions to the System, made at your request or made necessary by renovations or alterations in the Premises, property or equipment. If additional components are added to the System, you shall pay Access Communications prevailing installation and service charges for such additional equipment.
f. Termination - Upon termination of the Security Monitoring Terms 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 your responsibility.
Prior to the commencement of the Monitoring Services, 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 are responsible for notifying Access Communications of any change in the keyholder information and ensuring the accuracy and completeness of the information provided. 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 at all times carefully and properly set the System. You shall immediately notify Access Communications or the Monitoring Centre at 1-844-364-3400 or 1-902-468-3372 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.
It is understood that:
a. neither Access Communications nor any Contractor it retains to perform Monitoring Services hereunder is an insurer and insurance, if any, shall be your responsibility; and
b. the amounts payable to Access Communications hereunder are based upon the value of the Monitoring 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 these Security Monitoring Terms. 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.
In addition to the general Equipment terms above under the Access Communications General Terms of Service, as well as in the applicable AccessSecure Monitoring and Equipment Agreement, the following terms apply to the Security Equipment selected by you and provided by Access Communications.
FEES, PAYMENTS AND REMEDIES
The applicable prices for the Security Equipment and the Monitoring Services are set out in the applicable AccessSecure Monitoring and Equipment Agreement and are payable by you in accordance with the process and options under the Invoicing, Payment and Credit Policy provisions of the Access Communications General Terms of Service.
All installation charges, equipment purchase costs, taxes and other fees must be paid prior to the installation date.
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.
a. On the installation date agreed upon by you and Access Communications, you will make the Premises available without interruption for Access Communications to install the System.
b. 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. The Monitoring Services will not commence until the System has been installed and a connection to the Monitoring Centre established.
c. You represent and warrant that you have, or will have, at the time of installation, appropriate and sufficient electrical outlets and telephone or internet connections as required for the proper operation of the System.
d. You shall ensure that a working telephone or internet line is available at the Premises. If during installation of the System, the Access Communications installer discovers that a working telephone or internet line is not available at the Premises; Access Communications may terminate the Monitoring Services.
e. 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 have 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 and the Monitoring Services.
f. 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.
For commercial Monitoring Services in particular, 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 conditions.
If you are relocating to a new premises, you have the option to move the Security Equipment (and the corresponding Monitoring Services) to your new premises. In such circumstances, you shall pay Access Communications prevailing installation and service charges for moving the Security Equipment and re-installing it at your new premises. It is your obligation to provide Access Communications with notice of the relocation a minimum of thirty (30) days prior to the effective date to allow Access Communications to make arrangements to move the Security Equipment and re-connect the Monitoring Services at your new premises.
WARRANTY FOR SYSTEM
A. 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 DETECT, VIEW, AVERT OR PREVENT SECURITY ISSUES OR EMERGENCY OCCURRENCES (INCLUDING INTRUSION ONTO YOUR PREMISES OR OTHER EMERGENCY SUCH AS FIRE, CARBON MONOXIDE, WATER DAMAGE OR MEDICAL EMERGENCIES) OR THE CONSEQUENCES THEREFROM. YOU AGREE THAT YOUR USE OF THE MONITORING SERVICES AND SECURITY EQUIPMENT IS VOLUNTARY.
B. YOU ACKNOWLEDGE THAT YOU ARE LEASING OR PURCHASING EACH ITEM OF EQUIPMENT BASED ON YOUR OWN JUDGMENT AND WITHOUT RELIANCE ON ACCESS COMMUNICATIONS.
C. 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 THESE SECURITY MONITORING TERMS 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 REMEDY.
D. ACCESS COMMUNICATIONS SHALL HAVE NO OBLIGATION TO PERFORM WARRANTY MAINTENANCE OR REPAIRS REQUIRED DUE TO, RESULTING FROM, OR IN ANY WAY RELATED TO:
I. 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
II. YOUR FAILURE TO PROPERLY CLOSE OR SECURE A DOOR, WINDOW OR OTHER POINT PROTECTED BY THE SYSTEM; OR
III. YOUR FAILURE TO PROPERLY FOLLOW OPERATING INSTRUCTIONS PROVIDED BY ACCESS COMMUNICATIONS; OR
IV. COMMUNICATIONS FAILURES; OR
V. 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.
E. 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 AND FOR THE CORRESPONDING INSTALLATION AND/OR MAINTENANCE SERVICES.
F. THIS WARRANTY IS NOT TRANSFERABLE.
G. TAKE OVER SYSTEM IS DEFINED AS THE CUSTOMER OWNS THE EQUIPMENT AND HAS PURCHASED IT FROM A PROVIDER OTHER THAN ACCESS COMMUNICATIONS AND WISHES TO HAVE ACCESS COMMUNICATIONS MONITORING SERVICES. ACCESS COMMUNICATIONS DOES NOT PROVIDE ANY WARRANTY ON THE EQUIPMENT OR THAT THE CUSTOMER’S EQUIPMENT AND THE SECURITY MONITORING SERVICE WILL CONTINUE TO WORK TOGETHER IN THE FUTURE.
LIMITATION OF LIABILITY
NEITHER ACCESS COMMUNICATIONS NOR CONTRACTOR SHALL BE LIABLE TO YOU OR ANY OTHER PERSON CLAIMING THROUGH OR UNDER YOU FOR ANY LOSS, DEMAND, CLAIM, DAMAGE OR INJURY WHATSOEVER, 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 MONITORING SERVICES BEING PROVIDED UNDER THESE SECURITY MONITORING TERMS, YOUR USE OR INTENDED USE OF THE MONITORING SERVICES, OR THESE SECURITY MONITORING TERMS. THE FOREGOING SHALL APPLY EVEN IF ACCESS COMMUNICATIONS 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 OR EQUITY. 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:
I. SECURITY ISSUES OR EMERGENCY OCCURRENCES (INCLUDING INTRUSION ONTO YOUR PREMISES OR OTHER EMERGENCY SUCH AS FIRE, CARBON MONOXIDE, WATER DAMAGE OR MEDICAL EMERGENCIES), OR CONSEQUENCES THEREFROM;
II. DEFECTS OR DEFICIENCIES IN THE MONITORING SERVICES OR THE SYSTEM PROVIDED HEREUNDER;
III. ANY DELAY IN RESPONSE OR NON-RESPONSE OF ANY AUTHORITY OR PERSONS (INCLUDING THOSE SET FORTH IN THE KEYHOLDER SCHEDULE);
IV. ANY FAILURE OF CONTRACTOR OR ACCESS COMMUNICATIONS TO NOTIFY ANY KEYHOLDER OR AUTHORITY WHERE SUCH PARTY IS UNABLE TO DO SO BY REASON OR CAUSES BEYOND THE CONTROL OF CONTRACTOR OR ACCESS COMMUNICATIONS;
V. YOUR PURCHASE, USE OR INTENDED USE OF THE SYSTEM OR MONITORING SERVICE WHETHER FORESEEABLE OR UNFORESEEABLE;
VI. CONTRACTOR OR ACCESS COMMUNICATIONS FOLLOWING THE INSTRUCTIONS PROVIDED BY YOU OF THE STEPS TO TAKE IN THE EVENT OF AN ALARM SIGNAL; OR
VII. INACCURATE OR OUTDATED SUBSCRIBER INFORMATION. IF, NOTWITHSTANDING THE FOREGOING, ACCESS COMMUNICATIONS AND/OR CONTRACTOR SHOULD BE FOUND LIABLE TO YOU, ITS AND THEIR LIABILITY SHALL BE LIMITED TO A SUM EQUAL TO THE COST PAID BY THE SUBSCRIBER TO ACCESS COMMUNICATIONS FOR THE MONITORING SERVICES HEREUNDER OVER THE LAST 12 MONTH PERIOD, WHICH SHALL BE THE AGREED UPON DAMAGES AND SHALL BE YOUR EXCLUSIVE REMEDY, AND YOU SHALL INDEMNIFY AND SAVE ACCESS COMMUNICATIONS AND CONTRACTOR HARMLESS AGAINST ANY CLAIMS IN EXCESS OF THIS AMOUNT.
NEITHER ACCESS COMMUNICATIONS NOR THE CONTRACTOR ASSUME LIABILITY FOR INTERRUPTIONS OR DELAYS IN THE MONITORING SERVICES PROVIDED HEREUNDER OR THE FAILURE TO PROVIDE MONITORING 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 OR INTERNET SERVICES, WHETHER WITHIN YOUR PREMISES, AT THE MONITORING CENTRE OR ON THE WIRES BETWEEN (I) YOUR PREMISES AND THE MONITORING CENTRE OR (II) THE MONITORING CENTRE AND ANY AUTHORITY. ACCESS COMMUNICATIONS AND ITS CONTRACTOR SHALL NOT BE REQUIRED TO SUPPLY MONITORING OR OTHER SERVICE TO YOU WHILE ANY OF THE ABOVE CONDITIONS EXIST AND SHALL NOT BE LIABLE TO YOU FOR LOSSES OF ANY KIND DURING SUCH PERIOD OF INTERRUPTION OR DELAY OF SERVICE, OR FAILURE TO PROVIDE SERVICE.
CONSENT TO THE DISCLOSURE AND USE OF PERSONAL INFORMATION
You consent to the disclosure by Access Communications to the Contractor of any and all information in the possession of the Access Communications required for the provision of the Monitoring Services including, without limitation, information about:
a. you (including, but not limited to, name, address and phone number);
b. the alarm system selected by you and provided by Access Communications and any subsequent upgrades or changes (the “System”);
c. the premises in which the System is installed (the “Premises”), and d. any and all other information that may reasonably be required by the Contractor to provide the Monitoring Service such as Keyholder schedules, special instructions, etc.
YOUR PRIVACY OBLIGATIONS
It is your responsibility to ensure that your use of the Monitoring Services is compliant with all applicable privacy laws. This is especially important where the Monitoring Services will be used on commercial premises, and we recommend ensuring that appropriate notices regarding video monitoring be put in place prior to commencement of video monitoring. For greater certainty, any breach of applicable privacy laws corresponding to your use of the Monitoring Services will be a breach of your privacy obligations and Access Communications shall have no corresponding responsibility or liability.
RETENTION OF VIDEO
You also agree that in the event that Access Communications is required by a law enforcement organization or by Court order to preserve and/or provide copies of recordings made on your Premises you consent to the release of such information by Access Communications. Access Communications will use reasonable efforts to provide you with notice of any such request to release information prior to disclosing the requested information. If the law enforcement agency or other third party authority requires copies of such video recordings, you acknowledge that Access Communications may charge you a reasonable administration cost to provide such copies.
The fees charged by Access Communications to you reflect the allocation of risk herein and the limited recourse to Access Communications provided for in these Security Monitoring Terms. Accordingly, notwithstanding any other terms, conditions and covenants contained in these Security Monitoring Terms, you shall promptly indemnify and save harmless Access Communications, the Contractor, and each of their respective officers, directors, employees, agents and contractors, from and against all claims, suits, liability, losses, damages or expenses (“Claims”) that may be made against Access Communications or its Contractor by any third party arising from or relating to these Security Monitoring Terms or the Security Equipment or Monitoring Services provided hereunder, including, but not limited to, Claims related to:
A. failure of the Security Equipment or Monitoring Services;
B. 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 these Security Monitoring Terms by you; or
C. any omission, wrongful, negligent, fraudulent or criminal act by you.
Terms of Service
IMPORTANT -- READ CAREFULLY: You have agreed to purchase residential or commercial security, video, still-photo imaging and/or home automation products and services from an independently owned and operated security services dealer (“Dealer”) pursuant to an agreement with the Dealer (“Dealer Agreement”). Alarm.com Incorporated, a Delaware corporation (“Alarm.com” or “us” or “we”), has authorized the Dealer to market and sell Alarm.com’s services (“Services”) to you with certain hardware and other products, including communication modules, video, imaging and/or home automation devices (“Equipment”) that enable the Services. Sections A1 through A12 herein constitute the terms and conditions of Alarm.com’s offering of the Equipment and Services (“Terms”) and are part of your agreement with the Dealer and contain, among other things, important warranty disclaimers (Section A4) and limitations of liability (Section A5) applicable to the Services and the Equipment. By signing your agreement with the Dealer, accessing the Alarm.com customer website or mobile applications, or using any other part of the Services and/or Equipment, you agree to be bound by these Alarm.com Terms. You agree that these Alarm.com Terms may be enforced by us directly.
A1. Pursuant to the Dealer Agreement, you have agreed to purchase the Services and/or Equipment from the Dealer. The Dealer is an independent contractor and not an agent of Alarm.com. You acknowledge and agree that (a) you have had the opportunity to read and review these Alarm.com Terms before entering into the Dealer Agreement, (b) you accept the Alarm.com Terms and agree to be bound by them, and (c) if, for any reason, you don’t remain an Alarm.com subscriber or if the Services become unavailable to you for any reason, you will have no right of refund, return or deinstallation with respect to any Services or any Equipment, except if and to the extent otherwise required by law. We may modify these Alarm.com Terms from time to time to comply with applicable law.
A2. The Equipment may contain proprietary software of Alarm.com that is embedded in the Equipment. Alarm.com solely owns and retains all rights, including all intellectual property rights, in the embedded software and all other Alarm.com materials (together, “Materials”) and Services. You will not (a) use, or cause or permit any other person or entity to use, any Materials or Services to design, build, market, or sell any similar or substitute product or service, or (b)cause, perform, or permit (i) the copying, decompilation,disassembly, or other reverse engineering of any Materials, (ii) thetransferring or purported resale, licensing or sublicensing of anyMaterials, or (iii) the removal, delivery, or exportation of anyMaterials outside the United States or any other act in violation ofany relevant export laws or regulations.
A3. If your Services include emergency two-way voice over a cellular or internet connection, you acknowledge that the two-way voice connection may be interrupted or unable to connect, that the call may be dropped, and that the sound quality may be distorted or impossible to understand. By accepting the emergency two-way voice service you understand and accept the limitations inherent in cellular and internet technology and the consequences if the technology does not operate as designed. If your Services include video or still-photo image cameras, the video clips and still-photo images generated from such cameras are stored on our servers and may be viewed by you only for a limited time based on the quantity of storage you have ordered from your Dealer. We have no control over and take no responsibility for the placement of cameras and their view. You agree to use the cameras and associated video and still-photo imaging features of the Services in compliance with all laws, including privacy and consumer protection laws, and not for any illegal purposes, including invasion of privacy or illicit conduct, and we may disconnect the cameras from the Services if you, in our sole determination, breach this covenant. We do not guarantee the receipt, clarity or quality of any images that may be adversely impacted by, for example, lighting, Internet and wireless communication facilities and transmission quality, electrical interference, weather and other conditions beyond our control. We may disclose stored video clips and still-photo images in response to a subpoena or a government request or order. If the Equipment provided by your Dealer includes an Alarm.com image sensor device that also is being used as a motion sensor, then you understand and accept that the motion sensor may not operate as designed and may be affected by conditions outside our control, which may cause the device to malfunction or provide false readings. If the Equipment provided by your Dealer includes home automation devices (such as thermostats, lighting controls and door locks), you understand that such devices may not work together with the Equipment and Alarm.com Services, and you may be unable to control the devices using the Equipment or Alarm.com Services. Alarm.com makes no representations or warranties regarding the quality, function or effectiveness of any such home automation devices.
A4. THE SOLE WARRANTY PROVIDED BY ALARM.COM WITH RESPECT TO THE SERVICES, MATERIALS AND EQUIPMENT IS A LIMITED WARRANTY TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT OR BYPASS A MATERIAL DEFECT IN THE SERVICES, IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THESE ALARM.COM TERMS (“LIMITED WARRANTY”). THE LIMITED WARRANTY IS NOT EXTENDED TO YOU UNLESS YOU HAVE ACCEPTED THESE ALARM.COM TERMS AND REMAIN BOUND BY THESE TERMS AND CONDITIONS. THE LIMITED WARRANTY IS FOR YOUR BENEFIT ONLY AND MAY NOT BE ENFORCED BY ANY OTHER PERSON OR ENTITY. EXCEPT FOR THE LIMITED WARRANTY WITH RESPECT TO SERVICES, ALL SERVICES, EQUIPMENT AND MATERIALS THAT ARE OR MAY BE PROVIDED BY US ARE PROVIDED “AS IS,” WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALARM.COM DISCLAIMS (a) ALL EXPRESS WARRANTIES TO YOU, OTHER THAN THIS LIMITED WARRANTY, (b) ALL IMPLIED WARRANTIES TO YOU OF ANY KIND, AND (c) ALL WARRANTIES TO OR FOR THE BENEFIT OF ANY OTHER PERSON OR ENTITY, WHETHER EXPRESS OR IMPLIED. THE IMPLIED WARRANTIES DISCLAIMED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDE ALL WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, QUIET ENJOYMENT, OR NON-INFRINGEMENT. EXCEPT FOR THE LIMITED
WARRANTY, THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT OF ALL SERVICES, ALL EQUIPMENT AND ALL ALARM.COM MATERIALS SHALL BE WITH YOU. ALARM.COM SHALL HAVE NO RESPONSIBILITY FOR EQUIPMENT WHICH IS MANUFACTURED BY THIRD PARTIES.
A5. (A) YOU AGREE THAT ALARM.COM IS NOT AN INSURER OF YOUR PROPERTY OR THE PERSONAL SAFETY OF PERSONS IN OR AROUND YOUR PREMISES. THE PRICES THAT WE CHARGE FOR THE SERVICES AND EQUIPMENT REFLECT THE VALUE OF THE GOODS AND SERVICES WE PROVIDE AND NOT THE VALUE OF YOUR PREMISES OR ITS CONTENTS OR ANY LOSSES ASSOCIATED WITH PERSONAL INJURY OR DEATH. INSURANCE, IF ANY, COVERING PERSONAL INJURY AND PROPERTY LOSS OR DAMAGE ON YOUR PREMISES SHALL BE OBTAINED BY YOU FROM A THIRD PARTY.
(B)ALARM.COM IS NOT ASSUMING RESPONSIBILITY FOR ANY LOSSES(DIRECT OR INDIRECT), IRRESPECTIVE OF CAUSE, THAT MAY OCCUR EVEN IF DUE TO ALARM.COM’S NEGLIGENT PERFORMANCE ORFAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS OR ANY DEALER AGREEMENT OR OTHER BASIS. IF, NOTWITHSTANDING THESETERMS, ALARM.COM IS HELD TO BE LIABLE TO YOU, OR ANYINVITEES, AGENTS, EMPLOYEES OR OTHERS, FOR BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, OR UNDER ANY OTHERTHEORY OF LEGAL LIABILITY FOR ANY FAILURE OF THE SERVICES, MATERIALS OR EQUIPMENT, THEN THE LIMITATION OF ALARM.COM’S LIABILITY FOR ANY AND ALL HARM, DAMAGES, INJURY OR LOSS SHALL BE THE GREATER OF ONE THOUSAND DOLLARS ($1,000.00) OR THE ANNUAL AMOUNT THAT ALARM.COM RECEIVES FOR YOUR USE OF THE SERVICES.
(C)YOU HEREBY WAIVE ANY AND ALL CLAIMS FOR DAMAGESEXCEEDING THE LIMITS SET FORTH HEREIN FOR ALL HARM, DAMAGES,INJURY OR LOSS INCURRED, INCLUDING BUT NOT LIMITED TO ACTUAL,DIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES,PROPERTY DAMAGE AND LOSSES DUE TO BUSINESS INTERRUPTION,LOSS OF PROFITS, PERSONAL INJURY OR DEATH. UNDER NO CIRCUMSTANCES WILL ALARM.COM BE LIABLE TO YOU FOR ANY CONSEQUENTIAL DAMAGES.
(D)YOU MAY OBTAIN FROM ALARM.COM A HIGHER LIMITATION OF LIABILITY BY PAYING AN ADDITIONAL FEE TO US. IF YOU ELECT THISOPTION, A RIDER WILL BE ATTACHED TO THESE ALARM.COM TERMS WHICH WILL SET FORTH THE AMOUNT OF THE HIGHER LIMITATION OF LIABILITY AND THE AMOUNT OF THE FEE. AGREEING TO THE HIGHERLIMITATION OF LIABILITY DOES NOT MEAN THAT ALARM.COM IS ANINSURER. YOU WAIVE ALL SUBROGATION AND OTHER RIGHTS OF RECOVERY AGAINST US THAT ANY INSURER OR OTHER PERSON MAYHAVE AS A RESULT OF PAYING ANY CLAIM FOR HARM, DAMAGES,INJURY OR LOSS TO YOU OR ANY OTHER PERSON OR ENTITY.
A6. You agree and acknowledge that the Services, Materials and Equipment may not detect, observe, view, or prevent an unauthorized intrusion onto the premises or any other emergency condition such as fire, smoke, carbon monoxide, medical emergencies or water damage. You agree and acknowledge that the use of the Services, Materials and/or Equipment is voluntary.
A7. If any of your employees, guests, relatives, invitees, or insurers, or any other person or entity connected to you, or any person or entity who seeks to assert rights they claim are derived from your relationship with Alarm.com, attempts to hold Alarm.com responsible for any harm, damages, injury or loss (including property damage, personal injury or death) connected with or resulting from any alleged (a) failure of the Services, Materials or Equipment, (b) negligence (including gross negligence), (c) improper or careless activity of Alarm.com, or (d) claim for indemnification or contribution, then you will repay to us (i) any amount that we are required to pay or that we agree to pay in settlement of the claim, and (ii) the amount of our reasonable attorney’s fees and any other losses and costs that we may incur in connection with the harm, damages, injury or loss.
A8. You understand and agree that these Alarm.com Terms, and particularly Sections A4, A5, A6, A7, and A8, shall (a) apply to and protect the employees, officers, shareholders, parent companies, directors, agents, licensors, representatives, subcontractors, affiliates and assignees of Alarm.com, and (b) be binding on your heirs, administrators, custodians, trustees, agents and successors.
A9. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT NO LAWSUIT OR ANY OTHER LEGAL PROCEEDING CONNECTED WITH THE SERVICES OR EQUIPMENT SHALL BE BROUGHT OR FILED BY YOU MORE THAN ONE (1) YEAR AFTER THE INCIDENT GIVING RISE TO THE CLAIM OCCURRED. IN ADDITION, TO THE EXTENT PERMITTED BY LAW, ANY SUCH LEGAL PROCEEDING SHALL NOT BE HEARD BEFORE A JURY, AND EACH PARTY GIVES UP ANY RIGHT TO A JURY TRIAL. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BRING ANY CLASS ACTION LAWSUIT AGAINST ALARM.COM OR BE A REPRESENTATIVE PLAINTIFF OR PLAINTIFF CLASS MEMBER IN ANY SUCH LAWSUIT.
A10. These Alarm.com Terms shall be governed by the law of the State of Delaware, without giving effect to its rules of conflict of laws. If you are a resident or business located in the State of California, the following applies to you: If either you or Alarm.com commences a lawsuit for a dispute arising under or related to these Alarm.com Terms or in any way relating to the Services, such suit shall be submitted to general judicial reference in Los Angeles, California pursuant to California Code of Civil Procedure section 638 et seq. and 641 through 645.1 or any successor statutes thereto.
A11. If any provision of these Alarm.com Terms or the application of any such provision to any person, entity or circumstance shall be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of these Alarm.com Terms. The parties intend that all disclaimers of warranties, limitations of liability, and exclusions of damages in these Alarm.com Terms shall be upheld and applied to the maximum extent permitted by law. Alarm.com is an intended third-party beneficiary of these Alarm.com Terms and shall have the right to enforce and/or otherwise invoke any and all provisions set forth in any of these Alarm.com Terms directly. The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.”
A12. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH THE UNDERLYING WIRELESS SERVICE PROVIDER OR ITS AFFILIATES OR CONTRACTORS AND THAT YOU ARE NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN ALARM.COM AND THE UNDERLYING CARRIER. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT THE UNDERLYING CARRIER AND ITS AFFILIATES AND CONTRACTORS SHALL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO YOU AND YOU HEREBY WAIVE ANY AND ALL CLAIMS OR DEMANDS THEREFOR.
Additional Terms of Service
In addition to the General Terms of Service, the following Terms of Service apply to the provision of Telephone Service.
RELOCATION OF EQUIPMENT
Telephone service is delivered using an adaptor which connects our network to telephone wiring within the customer’s premises. This adaptor shall remain in the specific location on the customer’s premises where it was initially installed.
CUSTOMER PREMISE EQUIPMENT
The customer must provide and maintain all inside wiring and telephones used in conjunction with Telephone Service.
CUSTOMER LIABILITY FOR CALLS AND USAGE
The Customer is liable to Access Communications for all calls originating at the Customer’s telephone number, regardless of who may originate such calls; for all calls received at the customer’s telephone, and for the charges for calls accepted by any person receiving such calls, regardless of who may accept such calls and charges.
BLOCKED ACCESS TO OUR NETWORK
We may immediately, and without notice, block access to our network from, and/or restrict call termination to particular telephone numbers where we are experiencing significant amounts of toll fraud.
TELEPHONE DIRECTORY/DIRECTORY ASSISTANCE
We will make your name, address and telephone number(s) available to publishers of paper and electronic telephone directories and to providers of operator services, in accordance with CRTC requirements. We will not be liable to you or to any third party for any error or omission in any telephone listings, including, without limitation, any error or omission regarding telephone numbers(s), individual name(s) and/or corporate name(s).
Subject to the 9-1-1 system operator exception described below, if you have requested and are paying for an unlisted telephone number, we will not provide your listing information to any directory publisher; or, if you have requested and are paying for a non-published telephone number, we will not provide your listing information to any directory publisher or to providers of operator services. However, we cannot guarantee that these publishers and/or providers will not otherwise receive or obtain your telephone number(s) and address from a source other than us. Your name, address and telephone number(s) will be accessible by 9-1-1 system providers, even if you have requested, and paid for, an unlisted telephone number.
EMERGENCY 9-1-1 SERVICE
Access Communications is directly connected to the Enhanced 9-1-1 (E 9-1-1) system, where E 9-1-1 service is available. A 9-1-1 call is directly routed to the Public Service Answering Point (PSAP) serving the address provided to us by the customer when telephone service is ordered. If necessary, a 9-1-1 PSAP dispatcher will cause emergency responses from fire, police, and/or ambulance to be dispatched to this address. To ensure appropriate 9-1-1 responses, the adaptor should not be disconnected or moved without notifying Access Communications.
The Customer understands that any breach hereof may result in the 9-1-1 emergency services being unavailable. We are not liable to you or to any third party for your failure to comply with this requirement.
9-1-1 services will only be unavailable in the event of a disruption or other unavailability of the services:
i. if your equipment fails or is not configured correctly;
ii. if you disconnect the equipment from a power source;
iii. in the event of a network outage or power failure;
iv. if you tamper with or move your equipment to a location other than your service address; and/or
v. following suspension or termination of your service.
THE CUSTOMER ACKNOWLEDGES THAT IN NO EVENT SHALL ACCESS COMMUNICATIONS AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CARRIERS BE HELD LIABLE WITH REGARD TO ANY DIRECT OR INDIRECT DAMAGE ARISING, DIRECTLY OR INDIRECTLY, FROM THE OPERATION OF THE 9-1-1 SERVICE.