MONITORING CONTRACT

Terms and Conditions

1.DEFINITIONS & INTERPRETATION

“Alarm” means the alarm system installed in the alarmed premises described in the Commissioning Sheet.

“Commissioning Sheet” means the written instructions from Customer to the Naskam detailing equipment response procedures and Customer’s voice codes or passwords.

“Monitoring Service” means around-theclock monitoring of the Alarm for alarm signals and, if selected by the Customer, opening and closing signals and/or other security services.

“Term” means the period selected by the Customer overleaf commencing from the day the Monitoring Service is first provided after the expiration of the cooling-off period.

This Contract will be interpreted so as to be consistent with the law and should any provisions of the Contract be inconsistent with the law, then the same shall be severed so as to permit the balance of the Contract to operate to the fullest extent permitted by law.

2. MONITORING SERVICE

Naskam agrees to use due care and skill to provide the Monitoring Service during the Term for alarm signals and/or other recurring services selected by the Customer.

The Customer acknowledges that Naskam does not warrant that the Monitoring Service will render the alarmed premises or any occupant of the alarmed premises secure.

Naskam will action alarm signals emanating from the Alarm in accordance with the Commissioning Sheet.

Naskam will use its best endeavours to engage a patrol response contractor to provide a timely response to actionable alarm signals, however, makes no warranty that patrol response will be available at any time, if at all.

Naskam will not be liable for any loss or damage the Customer may suffer in connection with any response or the absence of any Alarm response.

The Customer acknowledges that independent contractors, where available, may provide patrol response. Accordingly, patrol response fees may vary from area to area and during the course of the Term. The Customer agrees to promptly pay or reimburse Naskam for patrol response fees, which may include an administration fee. Naskam will advise the Customer of applicable patrol response fees upon request by the Customer.

The Customer agrees that the Monitoring Service provider may record all telephone conversations or other communications with the monitoring centre. Naskam discloses that any providers of a monitoring service may receive a rebate from the telephone service provider.

3. CUSTOMER’S RESPONSIBILITIES

The Customer will immediately advise Naskam, in writing, of any changes to the Commissioning Sheet.

The Customer will at their cost maintain the Alarm in good working order in accordance with manufacturer’s requirements, including recharging or replacing batteries on a timely basis.

The obligations Naskam to provide the Monitoring Service and to action alarm signals are conditional upon the Alarm being operational, in accordance with the manufacturer’s requirements, to the satisfaction of the Naskam.

The Customer will ensure that all voice codes, passwords, radio keys and other security devices are kept secure and provided only to those persons who reasonably require access to the alarmed premises.

The Customer cannot transfer or try to transfer the right to receive the Monitoring Service or any other right under this Contract to anyone else. Naskam may transfer any of its rights under this Contract.

4. MONITORING SERVICE CHARGES

The Customer will pay Naskam the monitoring fees by the method selected by the Customer on the Direct Debit form. Naskam will not process the payment of the first period’s monitoring fee until after the expiration of any applicable cooling-off period.

Where payment by credit card is selected, Naskam will arrange for the credit card provider to debit the Customer’s account as instructed by the Customer overleaf.

Where payment by invoice is selected, the Customer will pay invoiced amount within 14 days of the date of the invoice.

The monitoring fee may increase at any time providing the Customer receives three–(3) months’ written notice.

The Customer will pay on demand any goods and services tax (“GST” or “other”) payable in respect of any services provided to the Customer pursuant to this Contract.

The Customer will pay on demand a fee of $25.00, to cover bank and/or administration charges, whenever a monitoring fee is not paid as and when due. Naskam may collect this fee directly from the Customer or may act with the Customer’s credit card provider or Financial Institution to collect the fee.

The Customer agrees that if they cancel the monitoring prior to the end of the paid up quarter or before the end of the Term, the Customer will receive no refund for any balance outstanding, and will have to pay the balance of the Term outstanding.

5. TERMINATION

Upon normal expiration of the Term, this Contract will continue on a month-to-month basis subject to termination by either party with one month’s written notice required from the Customer.

Naskam, at its discretion, may immediately suspend the Monitoring Service or terminate this Contract where the Customer does not pay any fee or other money payable by the Customer when due, or otherwise breaches any of the Customer’s obligations under this Contract.

On termination of this Contract by Naskam, the Customer’s right to receive the Monitoring Service will cease and: The Customer will immediately pay to Naskam all amounts due by the Customer for the Term; and Naskam may recover from the Customer the amount of any direct loss or damage sustained as a result of the termination.

On termination of the Monitoring Service, it is the Customer’s responsibility to ensure that an alternative service is arranged if required, and the panel is deprogrammed to stop reporting to Naskam thus ensuring all communication costs are cancelled. Any signals received after the termination of the Monitoring Service will not be treated as critical and would not be be actioned by Naskam.

6. INDEMNITIES AND LIMITATION OF ANY LIABILITY ACKNOWLEDGEMENT

Naskam or its subcontractors shall not be liable for any indirect or consequential loss or damage which the Customer may suffer, whether arising from Naskams or Subcontractor’s negligence or otherwise resulting from:

  • Any cause whatever, including provision of or failure to provide the Monitoring Service; or
  • The Customer’s use of or reliance upon the Monitoring Service including patrol response.

The liability of Naskam (if any) in connection with this Contract (including liability for negligence) is limited to the cost of supplying the Monitoring Service again. Naskam or any subcontractor is not liable for any loss or damage the Customer may suffer if Naskam cannot do what it has promised because of events beyond its reasonable control. Clause 6 survives termination of this Contract.