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Service Agreement

See below for details regarding your agreement with Canadian Smart Systems.

Terms and Conditions


1. Definitions. In this Agreement: “Canadian Smart Systems”, “CSS”, “us”, “we”, and “our” mean “Canadian Smart Systems”, “Alarm.Com”, “CSS Parties” and our affiliates, partners, licensors, contractors, vendors, dealers, representatives, suppliers, service providers, and agents (and our and their respective employees, contractors, subcontractors, officers, directors, shareholders and representatives); “Equipment” means any device, equipment or hardware rented or purchased from or through us under this Agreement; “including” means “including without limitation”; “Service” or “Services” means the home monitoring services or business premises monitoring services, either monitored by CSS or self-monitored, and any other services that you subscribe to or purchase from or through CSS under this Agreement; “Self-Monitoring” or “Self-Monitored” means Equipment and Services that do not include monitoring by CSS; “System” means the home or business monitoring and alarm system and any other functions and applications made up of the Equipment and Services together whether monitored by CSS or Self-Monitored; and “you” and “your” mean, jointly and severally, the Subscriber(s) identified on the first page of this Agreement.

2. Term. The initial term of this Agreement (the “Initial Term”) will be 36 months (3 years) commencing on the date of the initial activation of the Services or installation of the Equipment, whichever is earlier (the “Activation Date”), or, if the Services or Equipment are an upgrade of services or equipment provided to you under a previous agreement with us, then (a) the Initial Term will be 36 months (3 years) plus the unexpired portion of the term (if any) under your previous agreement with us, as indicated on the front page of this Agreement, and (b) this Agreement will replace your previous agreement with us. Early termination of this Agreement during the Initial Term will be subject to an early termination fee, as set out in section 6. Upon expiration of the Initial Term, unless notice has been provided to the contrary, the Agreement will be extended, subject to our then current terms and pricing, for successive one-year terms (“Renewal Term”), and we shall continue to automatically extend the Agreement on this basis, until either CSS or you gives notice to the other that the Agreement is terminated.

3. Billing and Payment. Monthly payments will be processed on the 1st day of each month. Depending upon your Activation Date, your first payment may be pro-rated to cover charges for the first partial month only or your first payment may include both pro-rated charges for the first partial month and regular charges for the next month. Accordingly, your first payment may be higher than your regular on-going monthly payments. If payment of an amount due on your account is not received by us by the required payment date specified by us, it will be considered a delinquent amount. You hereby authorize us to charge any unpaid and outstanding amount on your account or otherwise payable under this Agreement to your credit card, bank account or any other payment method pre-authorized by you for payment of our charges. If any pre-authorized or other payment cannot be processed due to non-sufficient funds (“NSF”), we will (a) charge you our then-current NSF fee, and (b) re-run your payment, including and NSF charges, during the current billing month. Any failure to pay an amount due on your account shall give us the right, in addition to and without waiving any other remedies, to avail ourselves of any legal remedy, including but not limited to (a) the right to charge interest at 1 1/2 % per month compounded monthly (19.56% per annum) on the delinquent amount. We do not waive our rights to collect the full balance owed to us by accepting partial payment. We will apply partial payments to the outstanding charges in the amounts and proportions that we determine. If you default on or do not pay the charges under this Agreement, we may send your account to a third party for collection of the entire amount remaining on the contract plus any collection costs that we will incur in the process.

4. Fees. You will pay all charges associated with the Services and Equipment, including installation, activation and service charges, equipment charges, third party charges, applicable taxes, permitting and regulatory fees, and any other fees or assessments of any government or other applicable bodies imposed on you, us or the Services.

5. Changes to this Contract. Where permitted under applicable laws, we may make changes to this Agreement, including making adjustments to the pricing for the Services and Equipment at any time. We will provide you with at least 30 days’ prior written notice. No other statements (written or verbal) will change or amend this Agreement. If you want to refuse the change, your remedy is to cancel the impacted Service or the Contract (see section 2).

6. Termination by You. You may terminate this Agreement at any time by giving us notice in writing. The notice of termination will be effective on the date it is received by us and we will not be obligated to provide you any Equipment or Services after that date; however, you will not be refunded any fees for the remaining portion, if any, of the monthly billing cycle in which we receive your termination notice. You acknowledge that the fees due under this Agreement are based on your agreement to receive and pay for the Equipment and Services for the full duration of the Initial Term. Accordingly, if you terminate this Agreement before the expiry of the Initial Term, you must pay us an early termination fee (the “Early Termination Fee”) equal to the fees payable for the Equipment and Services for remainder of the Initial Term, plus applicable taxes. You acknowledge that the Early Termination Fee is a genuine pre-estimate of our potential damages, not a penalty, and therefore constitutes liquidated damages. In some cases, we may waive the Early Termination Fee if you terminate this Agreement due to extenuating circumstances such as death, bankruptcy, or transition to an assisted living home. If you terminate this Agreement within 10 days after the receipt of a copy of this Agreement during the Initial Term, no Early Termination Fee will apply and you must return the Equipment in new condition. We may require specific documentation to consider your request for an Early Termination Fee waiver. Early Termination Fee waivers are handled on a case-by-case basis and are granted at our sole discretion. Notwithstanding anything to the contrary in this section, you are not required to pay the Early Termination Fee during the Renewal Term.

7. Termination by Us. We may terminate this Agreement: (a) on 7 days’ written notice to you, if you fail to pay any charges owed to us when due or if you breach any other term of this Agreement; (b) immediately on written notice to you if, in our reasonable opinion, you are verbally or physically abusive to us or any of our representatives or otherwise create a hostile or unsafe work environment; or (c) at any time on 30 days’ notice to you for any reason or no reason. If we terminate the Agreement under paragraphs (a) or (b) of this section during the Initial Term, you will pay us the Early Termination Fee plus a $50.00 administration fee. Notwithstanding anything to the contrary in this section, you are not required to pay the Early Termination Fee during the Renewal Term.

8. Consent to Monitoring; Compliance with Laws; Permits. You hereby consent to the monitoring or Self-Monitoring of your premises, which may include audio, still-image and video recording of your premises and any persons present on your premises. For your privacy, our system prevents us from (a) activating an audio communication link with your premises until an alarm signal registers at our monitoring station (if two-way voice is available on your System), and (b) accessing any stored audio, still-image, or video content without your express authorization through our customer portal. You hereby consent to us and our service providers storing and copying that content on our and their systems in accordance with applicable privacy laws. You acknowledge that we and our service providers may access and disclose stored video clips and still-photo images in response to a subpoena or a government request or order, and you hereby consent to this access and disclosure. You will comply with any laws requiring you to post signage at your premises notifying third parties of your use of audio and video monitoring equipment. You will obtain consent from any persons present at your premises to those monitoring activities, and you will indemnify the CSS Parties against any claims, including damages and fines, arising from your failure to obtain such consent. You will comply with all applicable laws and bylaws governing your use of the Equipment and Services, including all permitting and notice requirements for the operation of the System and your use of the Services and Equipment. You must promptly provide us with any information that we require with respect to such permits, including permit numbers.

9. Video Services. If the System you have subscribed to under this Agreement includes a Video Package, we will provide a video monitoring system that connects to a remote video server. If the System includes video or still-photo image cameras, the video clips and still-photo images generated from such cameras are stored on our or our service providers’ servers and may be viewed by you only for a limited time based on the quantity of storage you have ordered from us. Subject to the limitations set out in this Agreement, the video system will allow you to view video recordings from security cameras installed at your premises from any computer, tablet or smartphone connected to high-speed internet. We have no control over and take no responsibility for the placement of cameras and their view. You are solely responsible for providing and maintaining adequate lighting to allow the video system to capture images effectively. You will use the cameras and associated video and still-photo imaging features of the System in compliance with all laws, including privacy and consumer protection laws, and not for any illegal purposes, including invasion of privacy or illicit conduct. We may disconnect the cameras from the Services if you, in our sole determination, breach this provision.

10. Access; Installation and Removal of Equipment. All Equipment must be installed and activated by CSS, unless CSS makes a self-installation option available. You hereby authorize us and our representatives to enter or have access to your premises as necessary at mutually agreed upon times to install, maintain, inspect, repair, remove, replace, investigate, protect, modify, update, upgrade or improve the operation of our Services and the Equipment. In the event that you do not own the premises in which the Services and Equipment are being installed, you have received consent from the owner of the premises for the installation of the Services and Equipment. You acknowledge that installing the Equipment may require us to drill holes, drive nails, make attachments, run wires, and otherwise modify your premises. You will have appropriate and sufficient electrical power and outlets as required for our Service and Equipment. If, within 30 days from the date of installation of the Equipment, you notify us in writing of any problems with the installation, we will make reasonable efforts to correct those problems. After that 30-day period expires, you will be deemed to have accepted the installation “as is”. If this Agreement or any of your Services have been terminated, then you hereby authorize us and our representatives to enter or have access to your premises to disconnect the Services and remove the Equipment, as applicable. We are not required to return the premises to their pre-installation condition or repair any damage caused by the removal of the Equipment, except for damage resulting solely from the negligence of our representatives (subject to the limitations on our liability under sections 19 and 20). 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 CSS on the set-up and use of the Equipment.

11. Ownership of Equipment. All Equipment sold or otherwise provided to you will remain our property throughout the Initial Term. The right of ownership of the Equipment will automatically transfer to you at the end of the Initial Term, provided that you have paid all amounts owing to us under this Agreement and are not otherwise in default of this Agreement. You are solely responsible for the cost of uninstalling or taking down the Equipment. Until ownership of the Equipment is transferred to you, you must: (a) take reasonable care with the Equipment; (b) not sell, lease, mortgage, transfer, assign or encumber the Equipment or re-locate it without our knowledge and permission; and (c) immediately notify us if the Equipment is lost, stolen or destroyed. If this Agreement expires or is terminated and you are in default of any of your obligations under this Agreement, you must promptly return the Equipment owned by CSS to us upon our request, at your expense. You will not, and will not permit any person to, (i) reproduce, alter or tamper with the mobile identification numbers (MIN) assigned to the Equipment, or (ii) without our prior written consent, possess any tools or equipment that may be used to reproduce, alter or tamper with mobile identification numbers. If, at any time before ownership of the Equipment is transferred to you, any of the Equipment is lost, stolen or damaged (reasonable wear and tear excepted), sold, leased, mortgaged, transferred, assigned, encumbered, tampered with or not returned to us upon request, you must pay us the undiscounted retail value of such Equipment and any costs that we incur attempting to regain possession of such Equipment. The Equipment is locked to services provided by us and cannot be used independently or in conjunction with other home security service providers' systems.

12. Limited Equipment Warranty. We warrant that if any part of the Equipment (excluding batteries) does not work because of a defect in materials or workmanship, we will repair or replace that part at no charge to you: a) during the Initial Term, for a period equal to the greater of (i) the remaining duration of the Initial Term or (ii) one (1) year from the date of purchase of additional Equipment; b) during any Renewal Term, for a period of one (1) year from the date of purchase of the additional equipment. We may use reconditioned parts in making repairs, but this warranty will only extend to the replacement parts for the remainder of the warranty period. You must notify us within the warranty period of any problem that you claim is covered by this limited warranty. This limited warranty is for your benefit only and cannot be enforced by any other person. This limited warranty does not cover any of the following conditions: (a) damages resulting from repair of the equipment or system by unauthorized persons, alterations, abuse, misuse, tampering, weather conditions, environmental conditions, natural disasters, or acts of God; (b) problems with the internet or communication lines or equipment; (c) damages caused directly or indirectly by break-ins or other occurrences that the Equipment is designed to detect or avert; (d) problems caused by interruption of electrical mains or faulty batteries; (e) your failure to follow operating instructions in the owner’s manual or other product documentation or as provided by us; (f) alterations to the Equipment by you or a third party; or (g) problems caused by any alteration of the premises; (h) low or dead batteries; (i) damages resulting from self-installation of Equipment; (j) any life safety detector devices (e.g., carbon monoxide (CO) and smoke detectors) not provided and installed by us, or (k) any other condition not caused by a defect in materials or workmanship.

13. Repairs and Maintenance. All repairs to the System that are not covered under the limited warranty in section 12 will be billed to you at our then-current rates for labour and materials. We will use reasonable efforts to schedule repairs as soon as possible after you notify us that the System is in need of repairs, subject to the availability of our service personnel. In some cases, we may need to order replacement parts or equipment from our suppliers, which may delay the repairs. We may elect to perform repairs at your premises, or we may require you to return the Equipment to us for service. We will cover the cost of return shipping, provided you ship the Equipment to us by a method approved by us in writing. You are solely responsible for the cost of uninstalling or taking down the Equipment. Repairs will be performed during regular business hours as determined by us from time to time. In no event will we be liable to you for any loss or damages resulting from any delay in scheduling or performing repairs. You will test and maintain the Equipment in the manner and frequency set out in the applicable owner’s manual, other product documentation, or as may be recommended by us from time to time. You must notify us immediately if you become aware of any probable System malfunction during testing or at any other time. Some or all of the Equipment may be battery powered and will not operate if the batteries are low or dead. You are solely responsible for regularly testing the batteries in the Equipment and for replacing them whenever they are low or dead, and in any event at least once per year. You must test and replace the batteries in accordance with the Equipment manufacturers’ specifications. At your request, we may, in our discretion and at your expense, provide you with replacement batteries and battery installation services. Life safety detector devices (e.g., carbon monoxide (CO) and smoke detectors) have expiry dates set by the manufacturer. As a result, you are responsible to ensure that those devices are in good working condition and to replace them by the expiry date as their ability to detect may degrade over time.

14. System Limitations. We believe that the Equipment and Services provided to you conform to industry standards. However, you acknowledge that no form of alarm or home or business premises monitoring system, including Self-Monitored, is guaranteed to operate error-free or to deter, detect or prevent those occurrences that those systems are designed to deter, detect or prevent, including where applicable, unauthorized intrusion on your premises or any other emergency condition such as fire, smoke, carbon monoxide, medical emergencies or water damage. All such systems are susceptible to technological limitations, defects, tampering, malfunction, and human error. The Equipment and Services may not function properly or at all as a result of faulty equipment, equipment failure, faulty transmission systems, power outages, other interruptions in transmission services, transmission systems that have been tampered, damage to or destruction of our equipment or facilities, relocation of the equipment within your premises, and other causes. Accordingly, the CSS Parties make no representations or warranties that the access to and use of the Equipment and Services will be uninterrupted, error-free, or free from defects. You acknowledge these System limitations and that your use of the System is voluntary.

15. Equipment Limitations. You acknowledge that the System may depend on communication networks and other conditions outside of our control to provide notifications, images, and other automation functions and that remote access and SMS and e-mail notifications are not 100% reliable and 100% available. We cannot and do not guarantee that you will receive notifications in any given time at all. If the Equipment includes video or still-image cameras, we do not guarantee the receipt, clarity or quality of any images. Camera performance and image quality may be adversely impacted by lighting conditions, Internet and wireless communication facilities and transmission quality, electrical interference, weather and other conditions beyond our control. If the Equipment includes an image sensor device that also is being used as a motion sensor, then you acknowledge 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 includes home or business premises automation devices (such as thermostats, lighting controls and door locks), you acknowledge that (a) such devices may not work together with other equipment and services provided by our service providers, other CSS Parties, or third parties, and (b) you may be unable to control the devices using the other equipment or services.

16. Service Interruptions. If for any reason, including central monitoring equipment failure, we are unable to provide the Services, we may suspend them at any time without notice to you. Any credit or refund for any Service unavailability or service outage is entirely at CSS’s discretion.

17. DISCLAIMER OF WARRANTIES. Except for the limited warranty in section 12, the Equipment and Services are provided to you “as is, where is”, with all faults and without warranty of any kind. To the maximum extent permitted under applicable laws, the CSS Parties expressly disclaim all other representations, warranties and conditions, express and implied, statutory (including under sale of goods legislation, or otherwise), including without limitation any representations, warranties or conditions of merchantability, fitness for any particular purpose, suitability for any particular purpose, title and non-infringement.

18. NO INSURANCE PROVIDED. The System is designed as a deterrent only and/or for informational purposes and does not provide protection in lieu of insurance. You acknowledge that: (a) CSS is not an insurer and is not providing you with insurance under this Agreement; (b) the fees payable by you under this Agreement (i) are based only on the value of the Equipment and Services provided, (ii) are in no way related to the value of your premises, any business carried on at your premises, or any persons or personal property at your premises, and (iii) are not to be construed as an insurance premium; and (c) you are solely responsible for insuring your premises and personal property against personal injury, property loss, property damage, and, if you use your premises for commercial activities,