Terms of Service
If you do not agree to our latest Terms of Service, you must CEASE from using our services immediately.
This is an Agreement between you (“the Customer”) and GlobalTek Security Inc. (“GLOBALTEK”). It sets out the terms and conditions (the “Service,” the “Services”), that apply to your use of GLOBATEK’s products, devices, and security platforms (“Equipment”). The Service, together with GLOBALTEK’s rules and policies applying to the use of the Service and Equipment, form the agreement between you and GLOBALTEK for the Service (the “Agreement”).
1. THE SERVICE
GLOBALTEK agrees to provide 24-hour per day alarm monitoring services (the “Service”) from its certified Emergency Response Centre. Upon receipt of an alarm, GLOBALTEK will respond to alarm signals in a timely fashion according to the Customer’s specified instructions including dispatching police, fire, ambulance, guard, calling a key holder, or any other special instructions specified by the customer.
(I) The Customer shall make all payments when due under this Agreement on a punctual basis in the manner and amounts and at the times required hereto. (2) A fixed rate of interest of two percent (2%) per month (26.2% per annum) shall be payable upon the purchase price as specified hereto and upon all costs payable under this Agreement, that interest being calculated and compounded monthly not in advance and payable before and after maturity or default and judgment on the amount outstanding from day to day. (3) In the event that GLOBALTEK is required to exercise any type of collection measures against the Customer, the Customer will be liable for all costs and fees incurred by GLOBALTEK in connection with its collection efforts including all legal fees. A twenty-five-dollar fee ($25.00) will be charged for NSF cheques or returned pre-authorized payments), and for any other charges incurred relative to collection of all amounts due.
This Agreement provides for the monitoring services only and does not include any repairs or maintenance to Customer equipment or leased equipment which GLOBALTEK always owns. All charges for repairs, replacements, and adjustments to the security equipment shall be $79.99/hour for labour, plus parts paid by the Customer of GLOBALTEK.
4. SYSTEM TESTS
The Customer shall conduct a test of the system once a month to ensure that the dialer is functioning. It is understood that GLOBALTEK has no practical method of determining the customer’s failure to do so. The Customer agrees that GLOBALTEK does not guarantee to initiate any system tests from its end for ongoing automatic system testing for connectivity and functionality.
GLOBALTEK is not responsible for fines or dispatch fees because of false alarms or fees levied by any authority or supplier of service. GLOBALTEK reserves the right WITHOUT NOTICE to automatically charge the Customer via pre-authorized billing in full for any outstanding false alarm fines issued either by GLOBALTEK, or with the respective region(s) that originally levied the fines.
6. COMMUNICATION SERVICE CHARGES
The Customer is responsible for acquiring and maintaining communication services necessary for the provision of the Service. The Customer is responsible for all communication charges and connection fees associated with the communication services. GLOBALTEK shall not be obligated to provide the Services hereunder if the Customer’s telephone, Internet service, or electrical services are terminated, or interrupted, and the Customer shall be obligated to make all payments due hereunder regardless of such interrupted services.
7. GOVERNMENT TAXES/FEES
In addition to the charges included herein, the Customer agrees to pay any taxes, fees, or charges relating to the service provided under this Agreement, which are authorized or imposed by any government body.
8. COMMUNICATION FAULTS
GLOBALTEK is not responsible for communication faults or failures to detect or verify any alarm signal that is beyond GLOBALTEK’s control. The Customer expressly acknowledges and agrees that the cellular (GSM) which is attached to the Equipment shall always remain the property of GLOBALTEK. Upon termination of this Agreement, GLOBALTEK retains the right to enter the Customer’s premises to remove the cellular (GSM) equipment regardless of affixation.
9. REMEDIES OF GLOBALTEK
(I) GLOBALTEK may terminate this Agreement and may take immediate possession of its leased Equipment and may exercise any or all of its rights under the (Ontario) Personal Property Security Act or otherwise provided to GLOBALTEK by law or under the terms of any Agreement between the Customer and GLOBALTEK where: (a) the Customer fails to pay punctually any amount required to be paid or to perform punctually any other obligation required to be performed by the Customer under this Agreement; (b) a proceeding in bankruptcy, receivership or insolvency is instituted by or against the Customer, or if any execution or attachment is levied against the Equipment or if GLOBALTEK in good faith, believes that the Equipment is in danger of being lost, damaged or confiscated; or (c) any representation made by the Customer in connection with this Agreement is untrue or misleading in any respect (a “Default”). and for this purpose GLOBALTEK may break locks and enter into any building upon any premises where the Equipment may be and remove the Equipment from that building or premises, and may sever the Equipment from any other good or property to which they may be attached and may make any repairs or alterations that are reasonably necessary to put the Equipment or any part of it in saleable condition, and the cost of any such repairs may be charged to the Customer and the payment of that amount shall be secured by the Equipment.
10. VIDEO SURVEILLANCE & MONITORING
(1) Video cameras shall not be installed in any area or location where such installation would violate any federal, provincial, or municipal act or by-law. (2) Warning signs shall be installed when video systems are installed displaying the installation of a video system and recordingin use if applicable. (3). If GLOBALTEK has been retained to review and/or respond to events either generated or triggered by an intrusion system or surveillance system, the first action of the Emergency Response Centre will be to initiate response protocols as agreed and implied by the Customer and the review of surveillance footage will be secondary. It is explicitly agreed that time is of the essence in the response to an emergency. (4). The Customer acknowledges that
signals which are transmitted through the Internet, over telephone lines, wire, air waves or other mode of communication, pass through communication networks wholly beyond the control of GLOBALTEK and are not maintained by GLOBALTEK and, therefore, GLOBALTEK shall not be responsible for any failure that prevents transmission signals reaching the Emergency Response Centre or damages arising therefrom.
Any information obtained by way of video surveillance systems shall not be used for any unlawful purpose. Information will not be retained or used for any other purposes by GLOBALTEK’s Emergency Response Centre or any of its representatives will not retain any information by way of recording. Access to storage devices or software of the Customer will only be granted to authorized GLOBALTEK personnel.
12. VIDEO SYSTEM & VIDEO SYSTEM IMAGES OPERATION AND LIMITATIONS
(1) The Customer recognizes that video monitoring, whether for purposes of video verification, surveillance, virtual tour, remote identification or for other purposes, can be subject to human interpretation of what is being viewed on screen in the Emergency Response Centre by an operator. Therefore, the Customer agrees to the following disclaimers, limitations, and procedures when a video signal is communicated to the Emergency Response Centre, be it by digital telephone lines, radio transmissions network, or the Internet, they are subject to third party carrier services and therefore GLOBALTEK nor the Emergency Response Centre are not liable for loss of established signals or video files due to telephone line loss, failure of equipment, a downed cellular data network or failure of the Internet Service Provider (ISP). GLOBALTEK and the Customer agree that the Video System related camera(s) will be positioned and located such that it will only produce or capture Video System Images of areas of the Customer’s premises and further agree that GLOBALTEK has exercised no control over, or participated in consulting on the location or positioning of the Video System related camera(s) including, but not limited to selecting what areas, locations, things or persons that the Video System Images may depict or capture. GLOBALTEK positions and installs camera(s) at the sole discretion of the Customer’s request and is not responsible for their position or installation. The Customer shall be solely responsible for the Video System Images produced or captured by the Video System and Customer shall defend, indemnify, and hold GLOBALTEK harmless in connection with the use, operation, location, and position of the Video System, and the Video System Images resulting there from, including, but not limited to, any claims of any person depicted in a Video System Image, including but not limited to, any claim by such person that his or her privacy has been invaded or intruded upon or his or her likeness has been misappropriated. Any duty to obtain the consent or permission of any person depicted in a Video System Image to have his or her likeness to be depicted, received, transmitted or otherwise used, and the duty to determine and comply with any and all applicable laws, regulations, standards and other obligations that govern the legal, proper and ethical use of video capturing devices, such as the Video System, including, but not limited to, notification that the Video System is in use at the Customer’s premise, be the sole responsibility of the Customer. The Customer agrees that not withstanding any role or participation by GLOBALTEK in the Video System and Video System Images, GLOBALTEK’s sole and only obligation under or arising out of this Agreement shall be to monitor the digital signals actually received by the Emergency Response Centre from means of the Video System and upon receipt of a digital signal indicating that an alarm condition exists, and to make every reasonable attempt as permitted by law to transmit notification of the digital alarm signal promptly to the police or other municipal authority deemed appropriate by GLOBALTEK’s absolute discretion and/or to such persons the Customer has designated in writing to GLOBALTEK to receive notification of such alarm condition(s). GLOBALTEK shall have no liability in connection with the Video System or the Video System Images, including, but not limited to, any failure, omission, negligence, or other act by GLOBALTEK, the Emergency Response Centre, or any of its officers, employees, representatives, agents, or contractors, in connection with the receipt, transmission, reading, interpreting, or response to any Video Image. You agree that this is a Section to the pre-existing Agreement and its existing terms and conditions. The Customer agrees that GLOBALTEK is not an insurer, and that liability is specifically limited by the Agreement and understandings. (2) CCTV equipment is attached to a digital video recorder (DVR) or network video recorder (NVR) and the Customer shall not use these recorders for any other purpose. The Customer shall be permitted access and make changes to the system’s operation on site and over the Internet. GLOBALTEK shall have no liability for data corruption or inability to retrieve data even if caused by GLOBALTEK’s negligence. Telephone or Internet access is not provided by GLOBALTEK and GLOBALTEK has no responsibility for such access or IP address service. GLOBALTEK shall have no liability for unauthorized access to the system through the Internet or other communication networks or data corruption or loss for any reason whatsoever.
13. LIABILITY AND INDEMNITY
(1) The Customer indemnifies and shall hold GLOBALTEK harmless from and against all claims, actions, suits, proceedings, liabilities, costs, and expenses (including legal costs on a solicitor and Client basis) resulting from any agreement under this Agreement or the use or installation of the Equipment by the Customer. (2) Without
limiting subsection (l), the Customer shall be responsible for and indemnifies and shall hold GLOBALTEK harmless against any liability or cost arising by reason of the removal of any Equipment related to the provision of the Services from any building, structure, works or land, or the disconnection of such Equipment from anything. (3) It is understood and agreed that GLOBALTEK shall not be liable for any loss, damage or personal injury incurred by the Customer arising out of the failure of any emergency service provider to respond to an alarm reported to it by GLOBALTEK. (4) It is agreed that GLOBALTEK is not an insurer and that amounts payable to GLOBALTEK hereunder are unrelated to the value of the premises or their contents and are so fixed because of the stipulations herein as to damages or liability. In the event of injury or death of persons or loss or destruction of or damage to property resulting from the provision of the Services or from the failure of the Services and the Equipment necessary for the operation thereof, or from failure on the part of GLOBALTEK to perform any of its obligations hereunder, then any resulting damages recoverable by the Customer, and other parties from GLOBALTEK are hereby limited to and fixed at One Thousand Dollars ($1000.00) liquidated damages, and the Customer and other parties shall hold GLOBALTEK and its agents, subcontractors, or employees, free against any claims for damages in excess of this amount. These provisions shall apply whether such damages arise by reason of negligence, imprudence or want of skill of any nature whatsoever. GLOBALTEK neither directly, nor impliedly warrants that the Service prevents burglaries, thefts, equipment breakdowns, human failings, or other hazards. Any insurance for such perils shall be obtained by the Customer at its sole cost and expense. (5) The Customer releases and indemnifies GLOBALTEK from all responsibility for charges or costs levied by any communication company to the Customer, because of the interconnection of Equipment related to the provision of the Services to the Customer’s communication service. (6) In absolutely no event shall any damages exceed the amounts paid by the Customer to GLOBALTEK hereunder irrespective of howsoever, whatsoever, or wheresoever such damages, injuries. costs, penalties, expenses, or fines arose. (7) The Customer acknowledges that GLOBALTEK will verify, or attempt to verify, alarm signals received by it from the premises before dispatching emergency services. GLOBALTEK shall incur no liability for any loss, damage or personal
14. NO IMPLIED WARRANTIES
Pursuant to Section 53 of the Sales of Goods Act, Ontario, and Section 6 of the International Sale of Goods Act, Ontario, the parties hereby agree that, notwithstanding any other term or agreement, no implied warranties of any kind which may otherwise arise under the Sale of Goods Act/International Sale of Goods Act, apply to this Agreement or any transactions related hereto. The parties hereby further agree that, notwithstanding any other term or agreement, no implied warranties of any kind which may arise by operation of any other law, apply to this Agreement or any transactions related here to, to the extent that such implied warranties may be waived at law.
15. PRIVACY AGREEMENT
The Customer herby consents to GLOBALTEK collecting personal information of the Customer from any and all sources, including but not limited to credit bureaus, government agencies, insurers. law enforcement agencies and other third parties. The Customer herby further consents to GLOBALTEK disclosing such information to related parties, agents. subcontractors or business partners of GLOBALTEK and disclosing credit information to credit bureaus and to persons with whom the Customer has or proposes to have financial dealings or if required by law. All information provided to GLOBALTEK by the Customer shall be true and complete, no material information shall be withheld, and the Customer shall notify GLOBALTEK of any changes to such information.
The Customer may terminate this Agreement at the end of the first term or any subsequent twelve-month term thereafter upon giving no less than 60 days written notice before the end of the first or subsequent twelve-month term. All accounts renew on a perpetual 12-month rolling period. Upon cancellation, any unused monitoring monies remain as credit on file for future use. GLOBALTEK does NOT issue cash refunds on unused prepaid monitoring fees. No exceptions.
17. GOVERNING LAW
This Agreement shall be interpreted in accordance with the laws ofthe Province of Ontario and the laws of Canada applicable therein.
18. FURTHER ASSURANCES
Upon request by GLOBALTEK from time to time, the Customer shall take such steps and execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such further instruments, transfers and other documents and assurances as GLOBALTEK may request: (a) to perfect a security requirement granted to GLOBALTEK under this Agreement or (b) to carry into effect the intentions of the parties as set out in this Agreement and in connection therewith, the Customer appoints GLOBALTEK as its attorney, with full power of delegation and substitution, to complete, sign, deliver and register any agreement or document required in connection with clause (a) or (b) above and that power shall be deemed to be a power coupled with an interest in the subject matter of the power.
This Agreement shall not be assigned by the Customer without the express written consent of GLOBALTEK, which consent may not beunreasonably withheld. GLOBALTEK shall have the right to assign this Agreement or subcontract any of the services, which it is hereinobligated to perform, to any other person, firm or corporation.
20. FORCE MAJEURE
The parties shall not be considered in default of its obligations hereunder, including, without limitation, the failure by GLOBALTEK to deliver or install the Equipment within the agreed upon time, insofar as its performance or observance of its obligations is prevented, hindered, or delayed by any act of God, war, riot, civil commotion, fire, flood, any natural disaster, government action, strikes, boycotts or other labour disputes, shortage of materials, delay in transportation, delay in delivery by vendors, suppliers, subcontractors, or other like circumstances beyond its control.
Should any provisions of this Agreement be deemed void by an authority of competent jurisdiction, all other provisions shall remain in full force and effect.
22. EQUIPMENT OWNERSHIP
GLOBALTEK shall remain full and sole owner of all, and any Equipment provided or leased, and the right of ownership shall not be transferred to the Customer under any circumstance, unless explicitly stated in a formal contract amendment at the formation of the contract.
23. DEFAULT, TERMINATION, AND DAMAGES
The Customer is in default when it fails to make any payment due, fails to perform or violates one of its obligations under this contract, or, when any event commences or arises relative to the Customer’s insolvency, bankruptcy, or voluntary assignment of assets to creditors. In any situation of default by the Customer under the terms herein, GLOBALTEK may demand immediate full or partial payment of the balance of the debt before maturity and/or GLOBALTEK may cease performing its obligations under this contract. To cease to perform its obligation relating to Services and for the contract to be automatically terminated by law, GLOBALTEK shall sent a written notice to the Customer and provide them thirty (30) days to remedy the default. As regards to Services, when the contract is terminated after the cancellation period described, but before expiration ofthe initial term or any renewal period, the Customer agrees to payGLOBALTEK an amount equal to the sum of all payments for Service charges that would be payable under this contract until expiration of the initial term or any renewal period.
24. TIME OF ESSENCE
This shall be in every respect the essence of this Agreement.
25. ENTIRE AGREEMENT
This written Agreement is the entire contract between the parties hereto, and is not subject to any implied warranties, later change or amendments except such as are made in writing signed by or on behalf of all parties hereto.
BUYERS RIGHT TO CANCEL
You may cancel this contract from the day you enter the contract until ten (10) days after receiving a copy of the contract. You do not need a reason to cancel. If you do not receive the goods or services within thirty (30) days of the date stated in the contract, you may cancel this contract within one year of the contract date. You lose the right if you accept delivery of the goods or services after twenty (20) 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 fifteen (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, personal delivery, or email. If you send the notice of cancellation by mail, facsimile, or email, it doesn’t matter if the seller receives the notice within the required period if you sent it within the required period. If formed in British Columbia, this is a contract to which the Business Practices and Consumer Protection Act applies.