By activating your account, you agree to comply with all the terms and conditions outlined below. This document represents the complete agreement between the individual subscriber (hereafter referred to as “Customer”) and Prism Systems.
The Customer agrees to pay Prism Systems a monthly fee plus applicable taxes for rental and/or monitoring services. Monitoring services will automatically renew for successive 30-day periods unless the Customer provides notice of cancellation as outlined in this agreement. The Customer personally guarantees all payments for rental, loan, and/or monitoring services. Prism Systems reserves the right to adjust fees to reflect changes in costs without prior consent, though efforts will be made to notify the Customer of any changes. Before returning any personal emergency response system, the Customer must obtain authorization from Prism Systems. Cancellations take effect only after all equipment is returned in good condition.
This agreement begins on the activation date and continues for the initial term agreed upon in writing. After the term expires, it automatically renews on a monthly basis at the same rate. Prism Systems reserves the right to terminate this agreement at its discretion. Customers purchasing equipment upfront for $200 enter into a no-term agreement, which becomes month-to-month and may be cancelled with 30 days’ written notice.
Prism Systems will make reasonable commercial efforts to monitor the equipment, either directly or through a third-party, 24/7. If a signal is received from the equipment, Prism Systems will use reasonable efforts to contact the Customer’s designated emergency contacts. The Customer acknowledges that Prism Systems relies on information from the Customer, emergency contacts, or emergency responders, and Prism Systems is not responsible for the promptness, adequacy, or effectiveness of any response. Emergency contacts are appointed solely by the Customer and are not representatives of Prism Systems.
The Customer must promptly report any equipment issues and test the system monthly by triggering the emergency response unit. The Customer is solely responsible for inspecting, maintaining, and safeguarding the system. Updates to contact information, address, phone numbers, medications, or other health-related information must be communicated to Prism Systems. All information collected is maintained in accordance with Prism Systems’ privacy policy. Telephone lines, special equipment, and installations are the responsibility of the Customer.
Prism Systems’ monitoring relies on telephone lines or mobile network connections. If the Customer’s phone line or network is unavailable, monitoring may fail. In such cases, Prism Systems has no obligation to provide services. The Customer is responsible for installing RJ31X jacks if needed to prevent interruptions. Fall detection devices may not detect every fall, and Customers are advised to manually trigger alerts when help is required. Mobile systems rely on cellular, GPS, Bluetooth, and satellite signals, which may be unreliable. Prism Systems is not liable for service disruptions due to these or other causes. The Customer indemnifies Prism Systems for any inability to provide services, including inaccuracies in information entered into the Mobile online platform.
The Customer is responsible for all fines or fees resulting from false alarms, regardless of cause. Billing will be conducted electronically unless paper billing is requested, in which case a fee applies. Returned or damaged equipment may incur a replacement fee of $200 unless the device was purchased upfront. Customers who purchase equipment upfront are not required to return it.
In emergencies requiring on-site response, forced entry may be necessary. The Customer agrees to indemnify all parties involved under any circumstances related to forced entry.
The Customer authorizes Prism Systems to withdraw payments from the provided bank account or designated credit card to cover all amounts due under this agreement and must notify Prism Systems of any changes in banking information, account ownership, or card details.
Prism Systems is not liable for any damages, including personal injury, property damage, loss of business, or consequential damages arising from the equipment, its installation, operation, or use. The Customer agrees to indemnify and hold Prism Systems harmless from all losses, liabilities, claims, legal actions, or expenses related to this agreement, equipment, taxes, intellectual property claims, defaults, or exercise of Prism Systems’ rights. Temporary service disruptions due to acts of God, government regulations, or catastrophes are beyond Prism Systems’ control. Prism Systems is not responsible for delays in emergency response or failure to contact emergency services.
In the event of default or early termination, Prism Systems may terminate this agreement and claim all fees due for the remainder of the term, including any interest or penalties. Late payments accrue 2% monthly interest. Returned pre-authorized payments, credit card payments, or checks incur a $25 fee per incident.
Prism Systems acts as a reseller of manufacturer equipment. Manufacturer warranties apply as outlined by the manufacturer, except for batteries. Equipment subject to abuse, misuse, unauthorized repair, or damage from acts of God is not covered. Prism Systems reserves final determination of defects.
Returns for warranty, exchange, or repair must be sent via recognized courier to Prism Systems Receiving, 4 20071 113B Ave, Maple Ridge, BC V2X 0Z2.
This agreement is drafted in English and governed by the laws of Canada and Quebec. All funds are in Canadian dollars. This document represents the entire agreement between the Customer and Prism Systems. By activating Prism Systems’ monitoring service, the Customer acknowledges having read, understood, and agreed to these terms. The Customer confirms receipt and inspection of the equipment, acknowledging it is in proper working order and suitable for its intended purpose.
Customer’s Responsibilities
In the case where the Alarm Company (hereby referred to as the Company) installs or services the system referred to in this agreement, in order to enable the installation and operation of the system, the Customer shall be responsible for providing the following at own expense: a) access to Company, its employees, agents or contractors, to the premises during Company’s normal business hours and at such other times as may be agreed upon; b) continual electric suply to the system in accordance with the manufacturer’s specifications as they may be amended from time to time by the Company. c) Monthly testing of the system (or more often as the Company may specify from time to time in writing) and prompt notice to the Company should any defects be found in the course of such testing. Testing is to be done in accordance with the manufacturer’s specifications, or as otherwise specified by Company; d) Insurance coverage for the equipment for such risks as may be and are normally covered including protections against the usual insurable risks including fire, elements, acts of God, tampering and misuse; e) Proper maintenance and repair to all doors, windows and other portions of the premises; f) Telephone services lines and facilities including where necessary, telephone coupler or jack or both; g) For installation purposes, lifting and replacing of carpeting if required by the Company, repairs and replacements to walls, window frames and other parts of the premises and removal by the customer of any fixtures, equipment or furnishings which may interfere with wiring and installation of the equipment provided hereunder; and h) Safekeeping of all premises and goods during installation.
Warranty
All labour and material for newly installed systems is guaranteed to be free from defect for a period of (1) year. Company reserves the right to install substitute components of equal quality in its reasonable opinion. Extended warranty for parts and labour is available at additional expense. Any defective systems or components thereof shall be repaired or replaced at the Company’s cost and no other reimbursement for losses, costs or damages shall be payable to the Customer. A service charge at the Company’s prevailing rates at the time of service shall be made if the cause of the service call is not covered by the above warranty. If in its sole discretion the Company deems it necessary to remove the equipment or parts thereof to its premises for repairs, it shall endeavour to provide a replacement part or parts in order to permit the Customer’s system to function but does not guarantee that this can be done in all cases. Any warranty does not cover batteries. The within warranty is the sole warranty given by the Company to the Customer and all other statutory or other warranties, express or implied, are hereby expressly excluded. THE CUSTOMER EXPRESSLY AGREES THAT THERE IS NO WARRANTY GIVEN BY THE COMPANY AS TO FITNESS OF THE ALARM SYSTEM OR MONITORING SERVICES FOR ANY PARTICULAR PURPOSE AND FURTHER THAT HE HAS NOT ADVISED OR MADE KNOWN TO THE COMPANY ANY PARTICULAR LOSS OR DAMAGE HE MAY SUFFER OR INCUR AS A RESULT OF FAILURE OF THE COMPANY TO PERFORM ANY OF ITS OBLIGATIONS HEREUNDER.
Limitation of Liability
It is understood that the Alarm Company is not an insurer, that insurance, if any, shall be obtained by the Customer and that the amounts payable to the Alarm Company hereunder are based upon the value of the services and the scope of liability as herein set forth and are unrelated to the value of the Customer’s property or property of others located at the Customer’s premises. The Alarm Company makes no guarantee or warranty, including any implied warranty of merchantability or fitness, that the system or services supplied, will avert or prevent occurrences or the consequences therefrom, which the system or services is designed to detect or avert. It is further understood and agreed that if the Alarm Company should be found liable for loss, damage, or injury due to a failure of service or equipment in any respect, its liability shall be limited to a sum equal to the lesser of $500.00CAD or 100% of the annual service charge or alarm monitoring fee charged to the Customer, as the agreed upon damages, not as a penalty, and as the exclusive remedy; and that the provisions of this paragraph shall apply if loss, damage or injury, irrespective of cause or origin, results directly or indirectly to persons or property from performance or non-performance of obligations imposed by this contract or from negligence, active or otherwise, of the Alarm Company, its agents, contractors, sub-contractors or employees.
Without limiting the generality of the foregoing, in no circumstances shall the Company be responsible for any loss, damage, costs or expense suffered by the Customer or any person claiming through him on account of, nor does any warranty given by the Company cover any the following: a) any error or omission in doing any act or providing any goods or services required to be done or provided by the Customer; b) damage to the equipment or any part of it, by reason of any action or omission of the Customer or his/her employees, servants, agents or contractors or by reason of any environmental condition including fire, water, wind, lightning or any other elements, any other act of God, fire, explosion, misuse, tampering, vandalism, water, steam or any other peril for which the Customer has insurance or which is usually insured by owners of premises similar to those of the Customer or any other cause beyond the control of the Company; c) any false alarm assessment, tax, fee or other charge that has or may be imposed or authorized by any government body relating to the installation or service provided under this agreement or any refusal to respond, cancellation, or suspension by any police, private guards or law enforcement agency; d) power failure, power surges or variance or failure of telephone transmission lines or equipment; e) tampering or attempted service to any part of the equipment, addition of equipment or other alarm monitoring systems by any person not authorized in writing by the Company; f) misuses or malfunction of parts of the equipment not serviced by Company; g) failure of the Customer to properly arm the alarm system or any part thereof, or to properly close doors, windows or other protected points or to test and replace batteries as required or h) changes to the premises as a result of renovation, construction, decoration or other alteration, storage of goods or lack of maintenance which may affect the performance of the alarm system or any part thereof, i) any delay in obtaining replacement parts from any manufacturer or supplier thereof, j) any delay in providing any goods or services for any reason beyond the control of the Company and, k) charges for service calls prompted as a result of any of the foregoing.
Service Hour
Service representatives will be dispatched only between the hours of 8 a.m. and 6 p.m. Monday – Friday. Saturday, Sundays and Holidays will result in service charges. (Accept in a situation deemed an emergency by the Company). Service may be arranged at other hours subject to availability of personnel and upon payment of the appropriate fees for same.
Security Interest (Applicable to Systems installed by the Alarm Company)
It is understood and agreed that until the Customer fulfills the “Term of Agreement”, defined on the front of the agreement, the entire system shall remain the sole property of the Company and in addition to other rights that it might have, the Company shall have the right of access to the premises for the purposes of removing said system, notwithstanding that it may be attached to a building, and the Company shall not be responsible for any consequences resulting from such removal. Customer hereby grants to the Company a security interest under the Personal Property Security Act in the equipment installed until payment in full of this agreement. Any automatic dialing devices, control panels or keypads installed belong to the Company, which shall have the right to remove same or to deprogram communication, at any time when the Company’s monitoring service is discontinued. The Alarm Company has the right to reclaim any warning decals and yard signs bearing our trademark name and logo the Alarm Monitoring In the event that access is denied the Customer shall be liable to the Company for current retail value of replacing such system as well as any other related costs or damages.
Return Policy
All lease systems may be returned within 15days of original install date for full refund – any lease systems returned after 15days of install date will be subject to full charge of agreement term in order to ‘buy out’ of agreement. If customer chooses to cancel monitoring service within first 30days will be refunded the difference of the un-used portion of that month – any cancellations after 30days for monitoring service will be subject to payout the balance of the agreement or 18months of service payments, whatever is the lesser amount.
KeyHolder List (Contact List- whom to call incase of an alarm event)
Indemnity/Waiver of Subrogation
Subscriber agrees to defend, advance expenses for litigation and arbitration, including investigation, legal and expert witness fees, indemnify and hold harmless Company, its employees, agents and subcontractors, from and against all claims, lawsuits, including those brought by third-parties or by Subscriber, including reasonable attorneys’ fees and losses, asserted against and alleged to be caused by Company’s performance, negligence or failure to perform any obligation under or in furtherance of this agreement. Parties agree that there are no third-party beneficiaries of this agreement. Subscriber on its behalf and any insurance carrier waives any right of subrogation Subscriber’s insurance carrier may otherwise have against Company or Company’s subcontractors arising out of this agreement or the relation of the parties hereto.
Company’s Right to Subcontract
Subscriber agrees that Company is authorized and permitted to subcontract any services to be provided by Company to third parties who may be independent of company, and that company shall not be liable for any loss or damage sustained by Subscriber by reason of fire, theft, burglary or any other cause whatsoever caused by the negligence of third parties. Subscriber appoints Company to act as Subscriber’s agent with respect to such third parties, except that Company shall not obligate Subscriber to make any payments to such third parties. Subscriber acknowledges that this agreement, and particularly those paragraphs relating to Company’s disclaimer of warranties, exemption from liability, even for its negligence, limitation of liability and indemnification, inure to the benefit of and are applicable to any assignees, subcontractors, manufacturers, vendors and Monitoring Center of Company.
Binding Effect of Document
This document when signed by the Customer and accepted by the Company’s representative shall constitute a binding contract of the services described. If the Company advises the customer to the contrary by written notice mailed within 15 calendar days following the date of this contract of its refusal to accept the terms and conditions outlined on the front page and back hereof, then it shall not be binding on the Company and any deposit paid hereunder shall be returned to the Customer without interest or deduction. Where the Customer does not allow the Company to begin work within three months after acceptance hereof by the Company, the Company may at its sole option cancel this contract and retain the amount of any deposit paid. In addition to any other right or remedy it may have, in the event that any cheque tendered for payment for any goods or services hereunder is not honoured, the Company may cancel this agreement and retain any money paid hereunder as liquidated damages and not as penalty.
Assignability of Agreement
Neither this agreement nor the Company’s monitoring service are transferable without the Company’s written consent to same. The Customer shall provide not less than 30 days notice of any proposed transfer. Should the Customer vacate the premises, or assign or attempt to transfer or assign its rights under this agreement or the Company’s monitoring service then the Company may at its sole option suspend monitor service without notice or terminate this agreement, without prejudice to its rights to collect all amounts owing hereunder and in addition to any other remedy it may have.
The Company shall have the right to assign this agreement at any time without consent of the Customer. In such event, the Customer shall deal with, look for the performance of this agreement to and have any remedies for breach of this agreement against the assignee only and Company shall, upon such assignment, be released from any obligation to the Customer hereunder.
Suspension or Cancellation of Monitoring Service
If the Company’s alarm monitoring station is destroyed or damaged or ceases operation for any cause or if, due to the Customer’s acts or omissions, (including failure to follow the Company’s recommendations for use and testing, repairs or replacement of the system or any part thereof) it is impracticable in the Company’s sole opinion to continue service then the Company may cancel monitoring service without notice and it shall not be liable for any damages as a result of terminating such services except for a refund of any fees paid for any period after the date of cancellation.
Suspension or Cancellation by Police or Guard Agencies
If local police, law enforcement authorities or private guards refuse to respond to calls pertaining to the Customer or any location serviced by Company or suspends response for any reason including but not limited to excessive numbers of false alarms, regardless of source, this agreement shall not be terminated or suspended but Company shall continue to provide monitoring services and shall, in response to alarm signals, notify the Customer’s private security service or other person designated, if any, and customer agrees to pay for these services at the currently published rates.
Cancellation Charge and Renewal of Monitoring Service Agreement
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The Customer agrees to continue the monitoring service and to pay for same at Company’s prevailing rates for a period and thereafter from year to year until cancelled by the Customer in writing, indicated on the front of this Agreement. In the event the Customer cancels prior to the end of the contract term, the Customer agrees to pay, in addition to any charges for services rendered prior to cancellation, the balance owing on the agreement, as liquidated damages and not as penalty.
Additional Fees
The customer shall pay for any false alarm assessments, taxes, fees or charges that are imposed by any government authority, and any increase in charges to the Company for telephone or other facilities required for transmission of signals.
Suspension or Cancellation for Non-Payment
The Company may forthwith suspend or cancel monitoring service or alarm response without notice if any payment is overdue or any cheque not honoured, in addition to any other right or remedy it may have.
Entire Agreement
This agreement constitutes the entire agreement between the parties and no changes can be made, save in writing and signed by both parties. The parties agree that there are no other conditions agreed to, representations made or warranties given in connection with the making of this agreement or pertaining to the goods or services provided by the Company hereunder, expressed or implied. NO PERSON OTHER THAN A DULY AUTHORIZED SIGNING OFFICER OF THE COMPANY AND IN PARTICULAR NO SALES REPRESENTATIVE OR CONSULTANT HAS ANY AUTHORITY TO AMEND, WAIVE, SUSPEND OR IN ANY WAY ALTER ANY OF THE PRINTED TERMS OR CONDITIONS HEREIN CONTAINED OR TO MAKE ANY PROMISE, REPRESENTATION, CONDITION OR WARRANTY NOT PROVIDED HEREIN. THE TERMS AND CONDITIONS HEREIN PRINTED SHALL PREVAIL OVER ANY INCONSISTENT OR ADDITIONAL TERMS OR CONDITIONS IN ANY PURCHASE ORDER OR OTHER LETTER OR DOCUMENT SUBMITTED BY THE CUSTOMER HEREWITH.
Interest
The Customer shall pay interest on all amounts due to the Company at the annual rate of 24% calculated daily and compounded annually from the date such amounts become due to the date of payment.
Liability
If more than one person signs this agreement as a Customer then the rights, obligations and responsibilities of all such persons hereunder shall be joint and several.
Costs
The Customer agrees to pay all costs incurred by the Company (including lawyers fees on a solicitor and client scale) for collection of any amount owed by the Customer to the Company or for repossession of any equipment or for remedy of any breach of this agreement or any attempt to do so.
Agreement Read in Context
Personal pronouns shall be deemed to include the singular, plural, masculine, feminine and neuter as the context requires in each case, and when applied in the plural, shall apply to such parties jointly and severally. Headings or marginal notes form no part of this agreement and are inserted for convenience of reference only.
Severability
If any provision of this contract is found by any court of competent jurisdiction to be invalid or unenforceable, such provision shall be deemed severed herefrom and all other provisions shall remain in full force and effect.
Jurisdiction
This agreement shall be governed by the laws of the Province of British Columbia (BC) and parties submit and attorn to the jurisdiction of the courts of that province for all purposes of enforcement and interpretation of the same.
Initials x
Authorized Entry List (not called in an alarm event)