Thank you for choosing ADT! Please read the following Terms and Conditions of this ADT Service Agreement carefully as they govern your relationship with ADT and detail ADT's and your rights and obligations when using the ADT Services.
Terms and Conditions
ACKNOWLEDGEMENT. I ACKNOWLEDGE AND AGREE TO EACH OF THE FOLLOWING: (A) BY CLICKING ON THE CHECK BOX, I HAVE READ, UNDERSTAND AND AGREE TO EACH AND EVERY TERM OF THIS CONTRACT, INCLUDING BUT NOT LIMITED TO PARAGRAPHS 5, 11 AND 20 OF THESE TERMS AND CONDITIONS. (B) ADT IS NOT A SECURITY CONSULTANT AND CANNOT ADDRESS ALL OF MY POTENTIAL SECURITY NEEDS. ADT HAS EXPLAINED TO ME THE FULL RANGE OF EQUIPMENT AND SERVICES THAT ADT CAN PROVIDE ME. ADDITIONAL EQUIPMENT AND SERVICES OVER THOSE IDENTIFIED IN THIS CONTRACT ARE AVAILABLE AND MAY BE PURCHASED FROM ADT AT AN ADDITIONAL COST TO ME. I HAVE SELECTED AND PURCHASED ONLY THE EQUIPMENT AND SERVICES IDENTIFIED IN THIS CONTRACT. (C) NO ALARM SYSTEM CAN PROVIDE COMPLETE PROTECTION OR GUARANTEE PREVENTION OF LOSS OR INJURY. FIRES, FLOODS, BURGLARIES, ROBBERIES, MEDICAL PROBLEMS AND OTHER INCIDENTS ARE UNPREDICTABLE AND CANNOT ALWAYS BE DETECTED OR PREVENTED BY AN ALARM SYSTEM. HUMAN ERROR IS ALWAYS POSSIBLE AND, WHERE I HAVE ELECTED FOR ADT PROFESSIONAL MONITORING, I UNDERSTAND THAT THE RESPONSE TIME OF POLICE, FIRE AND MEDICAL EMERGENCY PERSONNEL IS OUTSIDE THE CONTROL OF ADT AND ADT MAY NOT RECEIVE ALARM SIGNALS IF COMMUNICATIONS OR POWER IS INTERRUPTED FOR ANY REASON. (D) ADT RECOMMENDS THAT I MANUALLY TEST THE ALARM SYSTEM MONTHLY AND ANY TIME I CHANGE TELEPHONE SERVICE.
PAYMENTS; TERM; CONSUMER REPORT. All charges are payable in advance. Where I have elected for ADT professional monitoring, I understand that this Contract is month-to-month and ADT’s alarm monitoring and notification services will begin when the equipment is activated and communicating with ADT’s Customer Monitoring Centre (“CMC”). Services can be terminated by either party by providing 30 days prior written notice. If terminated, this Contract ends on the last day of the then current term. I authorize ADT to obtain a non-investigative consumer report, commonly referred to as a credit check or credit report, about me from a consumer reporting agency at any time during the term.
INCREASES IN CHARGES. ADT has the right to increase the service charge at any time. Such increase shall be at a rate of up to 5% per annum.
ADDITIONAL CHARGES AND OFFSET RIGHTS. If I purchased ADT professional monitoring, certain government agencies require me to pay for and maintain alarm use permits. In which case, I agree to pay all alarm use permit fees; all directly or indirectly imposed false alarm fines, fees or charges; all telephone or signal transmission company charges; and all other assessments, fees, taxes (example: an increase in GST) and charges related to the alarm system. I agree to pay a service charge if an ADT representative responds to a service call or alarm at my premises because I improperly followed installation or operating instructions; failed to properly lock or close a window, door or other protected point; or improperly adjusted CCTV cameras, monitors or accessories at ADT’s standard applicable rates that are available by calling 800.567.5675. If ADT owes me money when this Contract ends, ADT has the right to deduct from any refund owed me (A) service charges for thirty (30) days, if I fail to give the required written termination notice set forth in Paragraph above; and (B) any other additional charges, amounts or deposits that I owe ADT. If the amount of the deduction equals or exceeds the amount that ADT owes me or if ADT owes me a credit of five dollars ($5.00) or less, ADT will not be obligated to refund any amounts to me.
LIMITATION OF LIABILITY. (A) INSURANCE; WAIVER OF SUBROGATION. I AGREE THAT ADT IS NOT AN INSURER AND THAT ADT IS NOT PROVIDING ME WITH INSURANCE OF ANY TYPE. THE AMOUNTS I PAY ADT ARE NOT INSURANCE PREMIUMS AND ARE NOT RELATED TO THE VALUE OF MY PROPERTY, ANYONE ELSE’S PROPERTY LOCATED IN MY PREMISES OR ANY RISK OF LOSS AT MY PREMISES. INSTEAD, THE AMOUNTS ADT CHARGES ME ARE BASED SOLELY UPON THE VALUE OF THE EQUIPMENT AND SERVICES ADT PROVIDES AND UPON THE LIMITED LIABILITY ADT ASSUMES UNDER THIS CONTRACT. IF I WANT INSURANCE TO PROTECT AGAINST ANY RISK OF LOSS AT MY PREMISES, I WILL PURCHASE IT. IN THE EVENT OF ANY LOSS, DAMAGE OR INJURY, I WILL LOOK EXCLUSIVELY TO MY INSURER AND NOT TO ADT TO COMPENSATE ME OR ANYONE ELSE. I RELEASE AND WAIVE FOR MYSELF AND MY INSURER ALL SUBROGATION AND OTHER RIGHTS TO RECOVER AGAINST ADT ARISING AS A RESULT OF THE PAYMENT OF ANY CLAIM FOR LOSS, DAMAGE OR INJURY. (B) NO GUARANTEE; NO LIABILITY. ADT’S EQUIPMENT AND SERVICES DO NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF THE EVENTS THEY ARE INTENDED TO DETECT OR AVERT, INCLUDING, BUT NOT LIMITED TO, FIRES, FLOODS, BURGLARIES, ROBBERIES AND MEDICAL PROBLEMS. OTHER THAN THE LIMITED WARRANTY SET FORTH IN PARAGRAPH 11 BELOW, ADT MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE EQUIPMENT AND SERVICES PROVIDED WILL DETECT OR AVERT SUCH INCIDENTS OR THEIR CONSEQUENCES. ADT DOES NOT UNDERTAKE ANY RISK THAT I OR MY PROPERTY, OR THE PERSON OR PROPERTY OF OTHERS, MAY BE SUBJECT TO INJURY OR LOSS IF SUCH AN EVENT OCCURS. THE ALLOCATION OF SUCH RISK REMAINS WITH ME, NOT ADT. I RELEASE, WAIVE, DISCHARGE AND PROMISE NOT TO SUE OR BRING ANY CLAIM OF ANY TYPE AGAINST ADT FOR LOSS, DAMAGE OR INJURY RELATING IN ANY WAY TO THE EQUIPMENT OR SERVICES PROVIDED BY ADT. (C) EXCLUSIVE REMEDY. IT IS IMPRATICAL AND EXTREMELY DIFFICULT TO DETERMINE THE ACTUAL DAMAGES, IF ANY, THAT MAY RESULT FROM A FAILURE BY ADT TO PERFORM ANY OF ITS OBLIGATIONS. UNDER NO CIRCUMSTANCES WILL I ATTEMPT TO HOLD ADT LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY OR DAMAGES TO PROPERTY. IF, NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH 5, ADT IS FOUND LIABLE FOR LESS, DAMAGE OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SERVICES AND/OR EQUIPMENT PROVIDED BY ADT, ADT’S LIABILITY TO ME SHALL BE LIMITED TO A SUM EQUAL TO $250. THIS AGREED UPON AMOUND IS NOT A PENALTY. RATHER, IT IS MY SOLE REMEDY. UPON MY REQUEST, ADT MAY AGREE TO ASSUME LIABILITY BEYOND WHAT IS PROVIDED FOR IN THIS PARAGRAPH 5 BY ATTACHING AN AMENDMENT TO THIS CONTRACT SETTING FORTH THE EXTENT OF ADT’S LIABILITY AND THE ADDITIONAL CHARGES TO ME. (D) APPLICATION. THE PROVISIONS OF THIS PARAGRAPH 5 APPLY NO MATTER HOW THE LOSS, DAMAGE, INJURY OR OTHER CONSEQUENCE OCCURS, EVEN IF DUE TO THE PERFORMANCE OR ONPERFORMANCE BY ADT OF ITS OBLIGATIONS UNDER THIS CONTRACT OR FROM NEGLIGENCE (ACTIVE OR OTHERWISE), STRICT LIABILITY, VIOLATION OF ANY APPLICABLE CONSUMER PROTECTION LAW OR ANY OTHER THEORY OF LIABILITY OR ALLEGED FAULT ON THE PART OF ADT, ITS AGENT OR ITS EMPLOYEES. (E) INDEMNITY. IF ANY OTHER PERSON, INCLUDING MY SUBROGATING INSURER, MAKES ANY CLAIM OR FILES ANY LAWSUIT AGAINST ADT IN ANY WAY RELATED TO THE EQUIPMENT OR SERVICES PROVIDED BY ADT TO ME, I AGREE TO INDEMNIFY, DEFEND AND HOLD ADT HARMLESS FROM ANY AND ALL SUCH CLAIMS AND LAWSUITS, INCLUDING THE PAYMENT OF ALL DAMAGES, EXPENSES, COSTS AND LEGAL FEES. MY DUTY TO DEFEND IS SEPARATE AND DISTINCT FROM MY DUTY TO INDEMNIFY AND HOLD HARMLESS AND ARISES UPON THE ASSERTION OF A CLAIM OR DEMAND AGAINST ADT AND REGARDLESS WHETHER ADT HAS BEEN FOUND LIABLE OR WHETHER ADT HAS INCURRED ANY EXPENSE. (F) TIME TO BRING CLAIM OR SUIT. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST ADT MORE THAN ONE (1) YEAR AFTER THE DATE OF THE INCIDENT THAT RESULTED IN THE LOSS, INJURY OR DAMAGE, OR THE SHORTEST DURA-TION PERMITTED UNDER APPLICABLE LAW IF GREATER THAN ONE (1) YEAR. (G) BENEFIT TO OTHERS. THE PROVISIONS OF THIS PARAGRAPH 5 SHALL APPLY TO AND BENEFIT ADT AND ITS AGENTS, EMPLOYEES, CONTRACTORS, SUBSIDIARIES, DEALERS, AFFILIATES, PARENTS (BOTH DIRECT AND INDIRECT), AFFINITY MARKETERS AND OTHER PARTNERS. If I purchased ADT professional monitoring, I further understand that ADT shall in no way be liable for losses, costs or damages that I suffer or incur due to the failure or refusal of a police, ambulance or fire department or of security guards or of any other body to take action in the event of an alarm that is conveyed to them by ADT, including a suspension of emergency services following false alarms; in the event of a suspension or cancellation of a response from the police, ambulance or fire department, the parties agree that this Contract shall remain in effect and that ADT shall continue to provide its remote monitoring services and I undertake to continue paying all services charges to ADT.
OTHER PARTY’S LIMITATION. IF I PURCHASED EQUIPMENT OR SERVICES FROM ADT THROUGH ANOTHER BUSINESS OR PERSON, OR FROM ADT THROUGH A REFERRAL FROM ANOTHER BUSINESS OR PERSON, I AGREE THAT SUCH OTHER BUSINESS OR PERSON ACTS SOLELY AS AN INDEPENDENT CONTRACTOR AND HAS NO RESPONSIBILITY OR LIABILITY TO ME FOR THE PERFORMANCE OR NONPERFORMANCE OF THE EQUIPMENT OR SERVICES PROVIDED BY ADT. I ALSO AGREE THAT ANY SUCH BUSINESS OR PERSON IS ENTITLED TO THE SAME RIGHTS AS ADT UNDER THIS CONTRACT, INCLUDING PARAGRAPH 5.
OWNERSHIP. All equipment, other than ADT yard signs and stickers, listed in this Contract to be supplied by ADT to me shall become my property upon full payment of the equipment purchase price. All ADT yard signs and stickers provided to me at any time will remain the property of ADT and may be removed by ADT.
INSTALLATION. If I purchased ADT installation services, in order for ADT to install and service the equipment listed on this Contract, I agree that: (A) I own the premises or have authority to authorize ADT to install the alarm equipment at the premises and have requested the equipment/services specified in this Contract for my own benefit and not the benefit of any third party; (B) I will make the premises available without interruption during ADT’s Normal Working Hours and will maintain the premises in a safe and sanitary condition suitable for work to be performed by ADT’s representatives without jeopardizing their health or safety; (C) the installation may require drilling into various walls and other parts of the premises; (D) I will provide ADT with 110 AC electrical outlets for power equipment in locations designated by ADT; (E) I will make arrangements for lifting and replacing carpeting, if required, for ADT’s installation of floor mats or wiring; (F) ADT may not be able to conceal any or all equipment or wiring; (G) ADT will not be liable for property damage, personal injury, illness or other loss due to water intrusion, mold, fungi, wet or dry rot or bacteria that may result from the installation services; and (H) I will comply with all laws, codes and regulations pertaining to the equipment/services that are the subject of this Contract.
SELF-INSTALLATION (applicable where I did NOT purchase ADT installation services). I acknowledge and agree that I am responsible for installing all equipment supplied under this Contract at my sole cost and expense and that ADT’s installation and maintenance services are an additional charge. I will follow all instructions provided by ADT for the installation and maintenance of the equipment. I acknowledge and agree that connecting additional equipment (including sensors, contacts and automation equipment), even if purchased from another vendor, will result in additional charges and I will discuss my needs for additional equipment with ADT prior to purchasing or attempting to connect such additional equipment to my ADT equipment. I acknowledge and agree that most third party alarm and automation equipment is NOT compatible with the equipment I am purchasing from ADT. I understand that installation of the equipment requires 110v AC electrical outlets, acceptable cellular signal strength and Internet connectivity for certain equipment. ADT will have no liability for the installation, maintenance, operation, non-operation, activation or non-activation of incorrectly installed equipment or equipment damaged in my possession before, during or after installation. Except for the Limited Warranty in Paragraph 11 below, all cost and expenses for the maintenance, repair or replacement of equipment shall be at my expense and, if applicable, subject to ADT’s then prevailing maintenance charges.
SHIPPING OF EQUIPMENT, CONNECTION AND BILLING (SELF-INSTALLATION). If I did NOT purchase ADT installation services: (A) the Equipment purchased from ADT under this Contract will be shipped to me promptly after payment and my execution of this Contract and; (B) I will call ADT if I do not receive my ADT equipment within fifteen (15) calendar days after executing this Contract. Where I purchased ADT professional monitoring: (X) upon receipt, I agree to promptly install my ADT equipment and complete the equipment communications link to ADT’s CMC in accordance with ADT’s instructions and; (Y) I understand and agree that my ADT equipment will not function properly and ADT will not receive alarm signals from my premises until such time as my ADT equipment has been installed, activated by me and is properly communicating with ADT’s CMC and; (Z) billing for ADT professional monitoring will begin on the earlier of: (i) fifteen (15) calendar days after the date of this Contract and; (ii) the date on which my ADT equipment begins signaling with ADT’s CMC.
LIMITED WARRANTY. Subject to the Warranty Exclusions in Paragraph 13 below, during the first 12 months from the date of purchase of the equipment (as per this Contract), ADT will repair or, at its option, replace any defective equipment (excluding batteries) supplied by ADT under this Contract. ADT may use new or reconditioned parts and equipment for warranty replacements. This limited warranty is for my benefit only and may not be enforced by any other person. THIS LIMITED WARRANTY GIVES ME SPECIFIC LEGAL RIGHTS. THE LAWS OF THE PROVINCE WHERE THIS CONTRACT WAS SIGNED MAY ALSO GIVE ME ADDITIONAL RIGHTS.
WARRANTY PROCESS. To make a claim under the Limited Warranty, I will call ADT at 800.567.5675 in an effort to diagnose system issues and attempt to remedy any installation or other issues in collaboration with ADT’s telephone agent. If, after reasonable attempts to remedy all non-equipment related issues working with ADT, my equipment appears to be defective, I may return any defective equipment to ADT’s warranty repair center by following ADT’s equipment return instructions provided to me by ADT’s telephone agent. The cost and risk of loss for shipping equipment to ADT for warranty repairs/re-placement shall be my risk and expense. ADT will test and inspect my returned equipment for defects and repair or, at ADT’s option, replace defective equipment in accordance with the Limited Warranty during the warranty term. If the equipment is found not to be defective, it will be returned to me. Installation of all equipment returned to me subject to a claim under the Limited Warranty will be performed by me or on my behalf at my sole cost and expense. I UNDERSTAND AND AGREE THAT A CLAIM UNDER THE LIMITED WARRANTY DOES NOT VOID OR REDUCE MY OBLIGATIONS TO PAY ALL SERVICE AND OTHER CHARGES UNDER THIS CONTRACT, EVEN WHILE MY EQUIPMENT IS BEING SHIPPED TO OR FROM ADT OR IN ADT’S POSSESSION FOR WARRANTY REPAIR OR REPLACEMENT. I may also request an ADT service technician to attend my premises for any equipment issues but I will be responsible for paying ADT’s fees for such services at ADT’s then current rates for labor and any parts not covered by the Limited Warranty.
WARRANTY EXCLUSIONS. THE LIMITED WARRANTY PROVIDED UNDER THIS CONTRACT DOES NOT APPLY IF ADT DETERMINES UPON INSPECTION THAT ANY OF THE FOLLOWING CONDITIONS CAUSED THE WARRANTY CLAIM: (A) damage resulting from accidents, theft, Acts of God, natural disasters, labour disputes, war, terrorism, civil stife, electrical surge, alterations or misuse; (B) I fail to properly close or secure a door, window or other point protected by an alarm device; (C) fail to properly follow the operating or installation instructions; (D) if I purchased ADT professional monitoring, trouble in a telephone line, use of non-traditional telephone line or service (including but not limited to DSL, ADSL, VoIP, digital phone, Internet-based phone, cellular, radio, etc.); (E) trouble due to interruption of power; (F) repairs needed to window foil, security screens, exterior mounted devices (except for outdoor cameras installed by ADT) or PROM (Programmable Read Only Memory); (G) ordinary maintenance or wear and tear; (H) alterations to my premises; or (I) alterations or damage to the alarm system caused by me or by a cause beyond ADT’s control. ADT will not perform warranty services on any device not sold by ADT Battery replacement is excluded from all warranties.
NO OTHER WARRANTIES. OTHER THAN THE LIMITED WARRANTY PROVIDED UNDER THIS CONTACT, I AGREE THAT AND MAKES NO GUARANTEE OR WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MARCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES ADT PERFORMS OR THE EQUIPMENT IT PROVIDES. ANY IMPLIED WARRANTIES REQUIRED BY STATUTE SHALL COINCIDE IN DURATION WITH THE 12 MONTH LIMITED WARRANTY. MY EXCLUSIVE WARRANTY REMEDY IS SET FORTH IN PARAGRAPH 11 ABOVE. UNDER NO CIRCUMSTANCES SHALL ADT BE LIABLE TO THE CUSTOMER OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITA-TION, DAMAGES FOR PERSONAL INJURY OR DAMAGES TO PROPERTY, AND HOWEVER OCCASIONED, WHETHER ALLEGED AS RESULTING FROM BREACH OF WARRANTY BY ADT, THE NEGLIGENCE OF ADT, OR OTHERWISE. SOME PROVINCES MAY NOT ALLOW THE PARTIES TO A CONTRACT TO LIMIT THE LENGTH OF AN IMPLIED WARRANTY, OR EXCLUDE OR LIMIT INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSION MAY NOT APPLY TO ME. THE LAWS OF THE PROVINCE WHERE THIS CONTRACT WAS SIGNED WILL DETERMINE WHETHER THESE LIMITATIONS AND EXCLUSIONS APPLY. No agent, employee or representative of ADT or any other person is authorized to modify the Limited Warranty set forth herein in any respect. The warranties set forth herein give me specific legal rights and I may also have other rights that vary from province to province. After the termination or expiry of the Limited Warranty or the QSP period, as the case may be, ADT will, if requested, provide me with repair and parts replacement for the equipment at ADT’s then prevailing prices and terms (including the terms and conditions of the Contract).
ALARM MONITORING AND NOTIFICATION SERVICE. If I purchase service that includes response by police, fire department, guard, medical emergency notification or two-way voice monitoring services and such an alarm is received at ADT’s CMC, ADT may, at its sole discretion, attempt to contact me and/or anyone on my Emergency Contact List to confirm that the alarm is not false. If ADT does not contact me and/or someone on my Emergency Contact List, or if ADT questions the response it receives upon such contact, then (A) ADT will attempt to notify the appropriate police department or fire department or, (B) if guard response service is provided and an alarm requires police response, ADT will attempt to dispatch a representative to make an investigation of the exterior of the premises from his or her vehicle and, upon evidence of a crime, ADT will attempt to notify the appropriate police department. If ADT provides supervisory alarm or trouble alarm monitoring services (or if such services are actively programmed into the alarm system) and ADT’s CMC receives an alarm, then ADT may attempt to notify my premises and/or the representative I designate. ADT may use an automated calling device to deliver such notification. If medical emergency notification services are provided, I agree that the very nature of such services, regardless of any delay, involves uncertainty, risk and possible serious injury, disability or death, for which I will not attempt to hold ADT responsible or liable; that the equipment furnished for medical emergency notification services is not foolproof and may experience signal transmission failures or delays for any number of reasons; and that the actual time required for medical emergency providers to arrive at my premises and/or to transport any person requiring medical attention is unpredictable with many contributing factors, including telephone network operation, distance, weather, road and traffic conditions, alarm equipment function and human factors both within and outside of ADT’s control. ADT’s performance of, delay in performance of or failure to perform medical emergency notification services under the Contract are subject to and controlled by Paragraph 5 of this Contract. The person(s) identified on my Emergency Contact List are authorized to act on my behalf. I understand that the equipment ADT provides may not operate with other companies’ alarm monitoring equipment and may prevent me from using such equipment in the event I terminate my services. I understand that local laws, ordinances or policies may restrict ADT’s ability to provide the alarm monitoring and notification services described in this Contract and/or necessitate modified or additional services with additional charges to me. I understand that ADT employs a number of industry-recognized measures to help reduce occurrences of false alarms. These measures include but are not limited to, implementation of default settings on alarm panels and various procedures at ADT’s CMC to determine when and how to respond, if at all, to certain alarm events. I consent to ADT’s use of these measures and agree that the alarm system has not been designed, programmed or installed pursuant to any law, code or rule that may be applicable to my particular premises. I understand that, upon receiving notification that an alarm signal has been received dy ADT, the police department, fire department or other responding authority may forcibly enter my premises. I understand that ADT will never arrest or detain any person for any reason. I agree that the quipment installed by ADT, including any outdoor camera, is not to be used to monitor activity in or near any swimming pool or other body of water and that I alone am responsible for supervising the well being of any person in or near any swimming pools or other bodies of water on the premises.
FAMILIARIZATION PERIOD (APPLICABLE IF I PURCHASED ADT PROFESSIONAL MONITORING). UNLESS I HAVE REJECTED THE FAMILIARIZATION PERIOD BY CHECKING THE APPROPRIATE BOX ON THE PROFESSIONAL MONITORING SECTION OF THIS CONTRACT (EXCEPT WHERE FAMILIARIZATION IS REQUIRED BY LAW), I AGREE THAT, DURING A FOURTEEN (14)-DAY FAMILIARIZATION PERIOD, OR LONGER PERIOD IF REQUIRED BY LAW, THAT FOLLOWS COMPLETION OF THE INSTALLATION AND THE COMMUNICATIONS CONNECTION TO ADT’S CMC (AND DURING ANY APPLICABLE EXTENSIONS), ADT HAS NO OBLIGATION TO, AND WILL NOT, RESPOND TO ANY ALARM SIGNAL FROM MY PREMISES. I ALSO AGREE THAT DURING SUCH PERIOD ADT HAS NO OBLIGATION TO, AND WILL NOT, NOTIFY ANY AUTHORITIES, ME OR MY DESIGNATED REPRESENTATIVE OR TAKE ANY OTHER ACTION WITH REGARD TO ANY ALARM SIGNAL ADT RECEIVES, EVEN IF DUE TO AN ACTUAL EMERGENCY.
FAILURE TO PAY CHARGES OR HONOUR CONTRACT (APPLICABLE IF I PURCHASED ADT PROFESSIONAL MONITORING). If I fail to make any payment when due or to honour any other term or condition of this Contract, ADT may stop providing the alarm monitoring and notification services without notice. I will grant ADT access to my premises and allow it to disable the equipment. ADT has no liability if it stops providing the alarm monitoring and notification services. ADT is not required to redecorate or repair my premises as a result of repossessing or disabling the equipment. In addition to these remedies, ADT does not waive, and retains the right to exercise, any other legal remedy, including the right to charge me a late fee for each month that a payment is not received and/or interest on the unpaid amount and the right to report me to one or more consumer reporting agencies if I become delinquent on my account (more than 90 days without a payment).
SMOKE AND CARBON MONOXIDE DETECTORS. IF THE ALARM SYSTEM INCLUDES SMOKE AND/OR CARBON MONOXIDE DETECTORS, I AGREE THAT: (A) THE NUMBER AND PLACEMENT OF SUCH DETECTORS MAY NOT FULFILL THE REQUIREMENTS OR RECOMMENDATIONS IN CODES, LAWS OR STANDARDS THAT APPLY IN MY JURISDICTION, INCLUDING UNDERWRITER’S LABORATORY-CANADA AND/OR LOCAL PROVINCIAL FIRE CODES; (B) I HAVE SOLE RESPONSIBILITY FOR COMPLYING WITH ANY AND ALL CODES, LAWS AND STANDARDS THAT MAY APPLY TO THE INSTALLATION, PLACEMENT AND MAINTENANCE OF THE ALARM SYSTEM; AND (C) ANY SMOKE AND/OR CARBON MONOXIDE DETECTORS DESCRIBED IN THIS CONTRACT ARE SUPPLEMENTAL DEVICES ONLY AND ARE NOT INTENDED TO BE PART OF A PRIMARY FIRE ALARM OR CARBON MONOXIDE DETECTION SYSTEM. I understand that ADT’s electrical smoke and carbon monoxide detectors, if part of the purchased equipment, are designed to be connected to an electrical power source. THESE DETECTORS WILL NOT OPERATE, THE ALARM WILL NOT SOUND AND THE ALARM SIGNAL WILL NOT BE TRANSMITTED WHEN: THE ELECTRICITY IS CUT OFF; THE BACKUP BATTERY, IF INCLUDED AS PART OF THE SYSTEM, IS LOW OR DEAD; OR FIRE CUTS OFF THE ELECTRICITY BEFORE THE ALARM IS ACTIVATED, SOUNDS AND IS TRANSMITTED. Connecting these detectors to a separate dedicated electrical circuit may increase their reliability, but even dedicated circuits can fail. I understand that these detectors all have limited useful lives, after which time they will not function. It is my sole responsibility to monitor and replace all detectors before or at the end of their useful lives.
BATTERY-POWERED DEVICES AND WIRELESS DEVICES. I understand that all battery-powered motion detectors, smoke detectors, door and window contact transmitters and other detection sensors installed under this Contract are not connected to the electrical system of my premises and require batteries to operate. THESE BATTERY-POWERED DETECTION SENSORS WILL NOT OPERATE, AND THE ALARM WILL NOT SOUND, IF THE BATTERIES ARE LOW OR DEAD. It is my sole responsibility to maintain and replace these batteries. ADT recommends that I regularly inspect the sensors for dirt and dust buildup and test the sensors weekly to help maintain continued operation. ADT also recommends that I carefully read and follow the owner’s manual, instructions and warnings for all equipment. I understand that wireless devices, including but not limited to wireless motion detectors, door and window contacts, smoke detectors and other wireless devices, whether self-installed or installed by ADT, will not communicate with the alarm system and THE ALARM SYSTEM WILL NOT FUNCTION IF WIRELESS COMMUNICATION FOR THE DEVICES IS IMPAIRED. THESE WIRELESS DEVICES MAY OR MAY NOT USE ENCRYPTION AND/OR AUTHENTICATION TECHNOLOGY AND ARE VULNERABLE TO INTENTIONAL OR UNINTENTIONAL INTERRUPTION, INTERCEPTION, CORRUPTION AND TAMPERING. It is possible for persons with criminal intent to reduce the effectives of my alarm system, including intercepting or hacking the wireless signals of my ADT equipment.
ALARM SYSTEM COMMUNICATION (APPLICABLE IF I PURCHASED ADT PROFESSIONAL MONITORING). I agree to obtain service from a telephone, wireless or other communication carrier under this Contract (referred to as “Telephone Company”) to transmit signals between my alarm system and ADT’s CMC. Where ADT obtains or provides communications services, the Telephone Company’s liability is limited to the same extent as ADT’s liability in Paragraph 5 of this Contract. ADT will not receive alarm signals when the communication mode is not operating or has been cut, interfered with or is otherwise damaged, or if the alarm system is unable to acquire, transmit or maintain an alarm signal over my communication mode for any reason. If ADT determines in its sole discretion that my communication mode is or later becomes non-compatible, or if I change to another communication mode that is not compatible, then ADT requires that I use an alternate mode of communication acceptable to ADT as the method to connect the alarm system to ADT’s CMC. Transmission of fire alarm signals by means other than a traditional telephone line may not be in compliance with applicable fire alarm or other standards or codes, and it is solely my obligation to comply with such standards and codes. If the alarm system has a line-cut feature, it may not always be able to detect if my communication line is cut or interrupted. ADT recommends that I test the alarm system monthly, even though a successful test of the alarm system does not guarantee that ADT will receive alarm signals from the system in the future. If my service includes ADT Interactive Solutions and/or automation features, ADT may directly or through third party service providers, transmit, record, store, provide and receive unencrypted data, images, e-mails and text messages via the Internet in the course of providing those interactive services. I will not be able to utilize those automation functions or receive e-mail or text alerts if my Internet connection is impaired, disrupted or unavailable for any reason. ADT does not warrant or guarantee the integrity, accuracy, confidentiality or security of any such transmission or from any unauthorized or unexpected use, disclosure, corruption, interception or other improper act.
A. If I purchased ADT professional monitoring, ADT may, at any time, cancel this Contract at its option if: (1) ADT’s CMC is destroyed or damaged so that it is impractical for ADT to continue service; (2) ADT cannot acquire or retain the transmission connections or authorization to transmit signals between my premises and its CMC or the applicable fire or police department or other agency, or between ADT’s CMC and the applicable fire or police department or other agency; (3) I fail to follow ADT’s recommendations for installation of the equipment or to repair or replace any defective parts of the system; (4) I fail to follow ADT’s operating instructions for the alarm system; (5) ADT determines that it is impractical to continue service due to the unsuitability of my premises for the ADT equipment or the modification or alteration of my premises after installation; or (6) I fail to respond within thirty (30) days of receiving ADT’s notice with instructions on how to verify that the system is functioning and properly transmitting alarm signals that can be received by the CMC. If ADT cancels for any of the reasons stated immediately above, ADT will refund any advance payments made for services to be supplied after the date of such termination, less any amounts still due for the installation of the equipment (if applicable), for services already rendered and for any other charges due.
B. If I purchased ADT professional monitoring, ADT may cancel this Contract upon written notice to me if: (1) I fail to pay any monies when due under this Contract, (2) I change to a telephone/communications service not suitable for alarm signal transmission or (3) I fail to comply with any other term or condition of this Contract. Upon receipt of written notice from ADT, I will have ten (10) days to correct the deficiency. The foregoing right is in addition to and does not constitute a waiver of any other remedies available to ADT, and I acknowledge that ADT may avail itself of any legal remedy, including but not limited to the right to charge interest at an annual rate of twelve percent (12%) on any delinquent amount. This Paragraph shall not impair my Right to Cancel set forth on the section “BUYER’S RIGHT TO CANCEL” in below of this Contract (if applicable). ADT shall also be entitled to charge me $10.00 for dishonoured cheques or for any credit card payment or bank debit that cannot be processed for any reason.
ASSIGNMENT. I may not assign this Contract without prior written consent from ADT. ADT does have the right to assign this Contract or to subcontract any of its obligations under this Contract without my approval and without notice to me.
DELAYS. ADT HAS NO RESPONSIBILITY OR LIABILITY TO ME OR ANY OTHER PERSON FOR DELAYS IN THE INSTALLATION (IF APPLICABLE), REPAIR OR SUPPLY OF THE EQUIPMENT, REGARDLESS OF THE REASON. ADT HAS NO RESPONSIBILITY OR LIABILITY FOR INTERRUPTIONS OF SERVICE OR ANY RESULTING CONSEQUENCES, WHETHER DUE TO STRIKE, RIOT, FLOOD, FIRE, TERRORISM, ACT OF GOD OR ANY OTHER CAUSE WITHIN OR BEYOND ADT’S CONTROL. IF THERE ARE SERVICE INTERRUPTIONS, ADT HAS NO OBLIGATION TO SUPPLY ME WITH SUBSTITUTE SERVICES. This Paragraph shall not impair my Right to Cancel set forth on the section “BUYER’S RIGHT TO CANCEL” in below of this Contract.
ENTIRE AGREEMENT. THIS CONTRACT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. I AM NOT RELYING ON ADT’S ADVICE OR ADVERTISEMENTS. ADT IS NOT BOUND BY ANY REPRESENTATION, PROMISE, CONDITION, INDUCEMENT OR WARRANTY, EXPRESS OR IMPLIED, THAT IS NOT INCLUDED IN WRITING IN THIS CONTRACT. THE TERMS AND CONDITIONS OF THIS CONTRACT APPLY AS PRINTED WITHOUT ALTERATION OR QUALIFICATION, UNLESS A CHANGE IS APPROVED IN WRITING BY AN ADT AUTHORIZED REPRESENTATIVE. THE TERMS AND CONDITIONS OF THIS CONTRACT SHALL CONTROL AND GOVERN EVEN IF THERE ARE OTHER DOCUMENTS WITH INCONSISTENT OR ADDITIONAL TERMS AND CONDITIONS. IF A COURT DETERMINES THAT ANY PROVISION OF THIS CONTRACT IS INVALID OR UNENFORCEABLE, THAT PROVISION SHALL BE DEEMED AMENDED AND ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW. EACH AND EVERY OTHER PROVISION OF THIS CONTRACT SHALL CONTINUE TO BE VALID AND ENFORCEABLE.
BUYER’S RIGHT TO CANCEL
You may cancel this Contract from the day you enter into the Contract until 10 days after you receive a copy of the Contract. You do not need a reason to cancel.
If you do not receive the goods or services within 30 days of the date stated in the Contract, you may cancel this Contract within one year of the contract date. You lose that right if you accept delivery after the 30 days. There are other grounds for extended cancellation. For more information, you may contact your provincial/territorial consumer affairs office.
If you cancel this Contract, the seller has 15 days to refund your money and any trade-in, or the cash value of the trade-in. You must then return the goods.
To cancel, you must give notice of cancellation at the address in this Contract. You must give notice of cancellation by a method that will allow you to prove that you gave notice, including registered mail, fax, or by personal delivery.
Ontario residents only:
You may cancel this agreement at any time during the period that ends ten (10) days after the day you receive a written copy of the agreement. You do not need to give the supplier a reason for canceling during this 10-day period. If the supplier does not make delivery within 30 days after the delivery date specified in this agreement or if the supplier does not begin performance of his, her or its obligations within 30 days after the commencement date specified in this agreement, you may cancel this agreement at any time before delivery or commencement of performance. You lose the right to cancel if, after the 30-day period has expired, you agree to accept delivery or authorize commencement of performance.
If the delivery date or commencement date is not specified in this agreement and the supplier does not deliver or commence performance within 30 days after the date this agreement is entered into, you may cancel this agreement at any time before delivery or commencement of performance. You lose the right to cancel if, after the 30-day period has expired, you agree to accept delivery or authorize commencement of performance. In addition, there are other grounds that allow you to cancel this agreement. You may also have other rights, duties and remedies at law. For more information, you may contact the Ministry of Government and Consumer Services. To cancel this agreement, you must give notice of cancellation to the supplier, at the address set out in the agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in the agreement, use any address of the supplier that is on record with the Government of Ontario or the Government of Canada or is known by you. If you cancel this agreement, the supplier has fteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance). However, if you cancel this agreement after having solicited the goods or services from the supplier and having requested that delivery be made or performance be commenced within ten (10) days after the date this agreement is entered into, the supplier is entitled to reasonable compensation for the goods and services that you received before the earlier of the 11th day after the date this agreement was entered into and the date on which you gave notice of cancellation to the supplier, except goods that can be repossessed by or returned to the supplier. If the supplier requests in writing repossession of any goods that came into your possession under the agreement, you must return the goods to the supplier’s address, or allow one of the following persons to repossess the goods at your address: (i) the supplier or, (ii) a person designated in writing by the supplier. If you cancel this agreement, you must take reasonable care of any goods that came into your possession under the agreement until one of the following happens: (i) the supplier repossesses the goods, (ii) the supplier has been given a reasonable opportunity to repossess the goods and twenty-one (21) days have passed since the agreement was cancelled, (iii) you return the goods or, (iv) the supplier directs you in writing to destroy the goods and you do so in accordance with the supplier’s instructions.
Nova Scotia residents only:
You may cancel this Contract at any time. You do not need a reason to cancel. To cancel, you must give notice of cancellation to the address above. You must give notice of cancellation by a method that permits you to produce evidence that you cancelled the Contract, including registered mail or personal delivery. On notice of cancellation of the Contract, the seller has 15 days to refund any money that you are owed. Termination charges may apply (see Paragraph 3 of the Terms and Conditions).