In the following document, 7546246 Canada Inc. o/a Cozzmic., will be referred to as “Cozzmic, We, Our, & or The Company” and the Purchaser will be referred to as “The Customer, You, Your, They, & or The Client”. The Client’s signature on the “Purchase Agreement” will serve as acceptance & complete & full understanding of the following “Terms & Conditions”.

A. Your security alarm system may utilize communication on facilities provided by an independent third party. The Client agrees that Cozzmic assumes no responsibility and has no control over the maintenance or repair of communication on facilities provided by a third party supplier. Any service calls required of Cozzmic made necessary as a result of a failure or malfunction on of the communication facilities shall be chargeable to the client at current Cozzmic service rates. Cozzmic assumes no liability for loss, damage or personal injury to you or your premises as a result of a failure or malfunction on of these communication facilities regardless of the cause of failure.

B. It is the client’s responsibility to properly operate the installed Systems. Cozzmic will instruct the client in the proper usage of the system in our usual manner upon installation of the system. The client understands & agrees it is their responsibility to periodically test the system for proper operation. During the first 1 month period a er the system is installed & operational, Cozzmic will supply free telephone tech support for the client to a maximum 3 calls within that 1 month period. In the event the client exceeds the maximum number of calls, a tech support charge of $50.00/call, will be applied & invoiced to the client. In the event we receive more than five (3) false signals in the first six (6) month period, after the system has been installed, that are a result of the client’s failure to operate the system correctly, we may impose additional service call charges for any added work or tech support incurred, and you will pay such additional service charges within thirty (30) days of receipt of an invoice from Cozzmic.

C. Responsibility of equipment installed. Cozzmic will not be obligated to maintain, repair, service, replace, operate or assume responsibility for any equipment or device installed by the client or by others. In the event The Company is called out to repair or service any equipment installed by others or by the client, a service charge will apply for such repair. Cozzmic will assume responsibility for the equipment that was previously installed by “Gilbert Securities” or “BCT Security Systems” in the event the equipment is still covered by a parts warranty. Appropriate warranty documentation must be provided by all clients prior to the service work being completed. In the event warranty documentation is not available, the client will be invoiced for all equipment & service provided & must remit payment by the due date indicated on the invoice.

D. In the event a problem or malfunction in the security equipment is detected by the Company, Cozzmic or an Authorized Agent of Cozzmic will notify the client as soon as possible. Upon notification the Company’s obligation to the client shall cease until the issue has been corrected and the opera on of the signalling system has been tested and the system is operational.

E. Service Work & Warranties. Should the client require service work to be performed on the system, Cozzmic will dispatch a technician during normal business hours. The Company’s normal business hours are between 8:00 AM and 4:30 PM, Monday through Friday excluding recognized holidays. Unless the equipment is covered by the initial one year parts warranty or, by an extended “Service & Maintenance Agreement”, an additional charge will apply for all requested service. All equipment supplied & installed by Cozzmic or an Authorized Agent of Cozzmic, shall include a 30 day labour warranty against defects in workmanship & or equipment failure due to manufacturing defects only. All warranty and extended warranty service shall be provided during normal business hours only. If immediate service or, an a er-hours call-out is required & or requested by the client, emergency or call-out service rates will apply. *Furthermore, for all Cozzmic monitored systems with 3 year monitoring contracts, the Company will provide one (1) free service call within the term of the contract, for inspection purposes only, for systems installed by either Gilbert Securities, BCT Security Systems, or by Cozzmic. The service call shall be limited to a maximum one (1) hour duration (including travel time), does not include material used & will be scheduled by the company during regular business hours. Should the client decline
the service call during the scheduled time offered to them by the Company, the free service call shall be considered null & void & will no longer be available to the customer for that contract term. In the event the service call extends past sixty (60) minutes of billable time, the client shall be charged & invoiced for the additional time worked at our normal service rate. The free service call shall be completed during our regular business hours & if unused by the client cannot be accumulated in any way. (Priority & or Emergency Service calls do not qualify)

The client agrees & understands if any payments owing to the Company are outstanding in excess of 60 days, Cozzmic shall have the right to terminate any & all services provided to the client immediately & all monies paid to the Company for services & or monitoring shall remain the property of the Company.

F. Additions, Adds, & Changes. All required service work to the installed system must be performed by Cozzmic or an Authorized Agent of Cozzmic. In the event any additions, adds, changes, or service is performed to the system during the warranty period, by the client or by others, all remaining warranties are automatically null & void. The Company assumes no liability, or responsibility for any equipment failures or events that may be caused by the above mentioned unauthorized work or service.

G. Authorization to enter the Client’s premises to install, test, repair, and remove equipment. All equipment installed by the Company, shall remain the property of The Company, until all outstanding accounts & or monies are paid in full to Cozzmic. The client agrees, where full payment has not been made for equipment being purchased by the client, to allow the Company, or an Authorized Agent of the Company, to enter the premises & remove all applicable equipment. All applicable equipment will be listed on “Schedule A” of the “System Purchase Agreement”.

H. Liabilities. The client agrees to be completely responsible for proper & adequate insurance coverage for all property owned by the client & or on the premises of the client. The client also agrees that the Company, authorized agents, employees, & or sub-contractors of the Company shall not be held liable for any loss, damage, injury, or other consequence arising directly or indirectly from our services or systems provided under these terms. Should it be determined by any competent legal jurisdiction that the Company, its employees, authorized agents, or sub-contractors are directly or indirectly responsible for any such loss, damage, injury or other consequence, you agree that damages shall be limited to $500.00 or one year’s annuals monitoring fee, whichever amount is less. These agreed upon damages are not to be considered as a penalty. They are your sole remedy no matter how great the loss, damage, injury or other consequence is caused, even if caused by negligence, failure to perform duties, strict liability, failure to comply with any applicable laws or any other fault. Furthermore, the client agrees to indemnify us and all associated parties, and
to hold us harmless from and against any claims or demands which may be asserted against us, and to pay on a solicitor and client basis, collection costs, legal fees, removal costs, bailiff fees, office administration fees and any other reasonable expenses incurred because of you not meeting any obligations contained herein or because of any demands, claims or other charges made upon us by the client or any other party.

I. Failure To Respond. It is also understood and agreed to by the client, that Cozzmic shall not be held liable for any loss or damage incurred by the client arising out of the delay or failure to respond for any reason, of any police department, fire service or other agency to respond to an alarm. The client also agrees to pay for any and all false alarm assessments, taxes, fees, fines, or other charges relating to the services provided which may be imposed by any government body or other organization.

The client also agrees & acknowledges that the alarm services, equipment and other services being provided by Cozzmic are adequate and sufficient for their requirements.

J. Client Responsibilities. The client agrees to & understands they are solely responsible to notify Cozzmic immediately of any changes being made in, on, or around the facility that may affect the proper opera on of the system in any way. Should modification of the system be required as a result of the changes, the client agrees to incur any & all costs that may result from the modifications.

The client also agrees Cozzmic shall not be held responsible or liable in any way in the event of any loss or damage that may occur before the modifications can be made.

The client understands they are responsible for the proper opera on of the telephone facilities, internet services, & or any other services that the system may be connected to for monitoring or other service purposes. Should these facilities require service in any way, the client agrees they will incur all costs involved.

*Should the client decide to terminate the services provided by Cozzmic, for any reason, they agree to provide written notice 60 days prior to the date termination.

The client agrees to notify the Company immediately by phone & in writing, in the event any contact information has changed they may affect the opera on of the system or affect the ability of the system to be properly monitored, or to contact and or notify the proper personnel. The client also agrees Cozzmic shall not be held responsible or liable in any way in the event of any loss or damage that may occur as a result of inaccurate information.

The client understands & agrees that if a default or defect is discovered by the client, in any portion of the system, they are fully responsible to notify the Company immediately by phone & in writing of the issues that have been found. Cozzmic will contact the client & dispatch a technician to rectify the issues, during normal business hours, at a mutually agreed upon time. The client agrees to incur all costs involved should the problem not be covered under the standard warranty. The client understands & agrees that in the event a false alarm is created by the client, it is their responsibility to advise the Company & or monitoring Company immediately of the event.

K. System Limitations. The client agrees & understands that even though the security system or surveillance system provided by Cozzmic is of an advanced design, there are limitations to the system or systems. No security system or surveillance system will prevent a break-in & should not be considered as a guarantee of protection. The client understands any of these systems can be subject to compromise or possible failure & should only be considered as a deterrent. Intruders could potentially gain access through an unprotected area or have the technical expertise to bypass the systems. Systems will not work without continuous power & even though the system may include a backup power source, it is only capable of providing power on a short term basis. Systems may also be susceptible to failure caused by extreme changes in temperature. If the ambient temperature should increase or decrease excessively & exceed the systems limitations, the performance of the systems may decrease significantly to the point of failure. The
client agrees that the Company shall not be held liable in any way based on any system limitations.

– Pets. The client understands & agrees that a facility containing pets may cause a certain amount of system issues. Even though devices & equipment are available & may be installed that are considered pet friendly, these devices will not be considered as a guarantee against false alarms or failures. It is also understood and agreed to by the client, that Cozzmic shall not be held responsible in any way by the client for a system failure or false alarms that may be the result of an accidental pet activation.

L. Monitoring. The client agrees & understands that monitoring of a security system shall be a separate item & is not automatically included or activated when a system is installed. Monitoring charges may vary depending on the services requested by the client & on the features included with each system. Monitoring will be discussed with the client & set up on an individual basis & invoiced appropriately. Monitoring fees may be paid monthly with pre-authorized payment or on an annual basis & must be paid in full by the client 30 days prior to the end of the current term. Failure to submit full payment on or before the due date may result in partial or complete termination of the monitoring services. In the event re-connection of monitoring is requested by a client that was previously terminated due to late or non-payment, a $200.00 re-activation fee will be levied in addition to the regular monitoring fees in order for the services to be restored.

*In the event the client chooses to terminate monitoring services prior to the expiration of the existing monitoring agreement, the client must notify Cozzmic in writing 60 days prior to the requested termination date. The client will be reimbursed for monitoring fees on a pro-rated basis for the remaining balance of the contract or agreement. If proper notification is not received from the client, all reimbursement policies will be null & void & the agreement will be terminated at the normal expiration date. * (certain conditions apply)

M. Client Approval. The client agrees to allow the Company to place temporary signage, if appropriately sized, within an area of plain view to the general public, during the installation process & for a period of fourteen (14) consecutive days a er the installation is completed. Upon written client approval, the Company may place Company decals on doors or windows of a permanent nature, in areas within plain view of the general public.

N. The Terms & Conditions listed within this agreement shall be governed in accordance with the applicable laws of the Province of Ontario.

*Conditions: Highlighted items are not applicable to residential clients with basic wireless entry level systems that were installed by the Company during any promotional or sales event, or for customers without a 3 year monitoring contract.
In the event these clients choose to prematurely terminate their monitoring contract, they understand and agree they are responsible for one of the following – (which ever amount is less):
– Pay out the remaining balance owing on the monitoring contract – OR
– Pay the balance of the dollar value that was discounted for the original equipment & the original installation. The original equipment value & installation charge will be calculated by the Company based on the equipment value & the hourly rate charged by the Company at the time of installation. The original amount paid will be deducted from the amount owing. All payments must be received prior to the contract being terminated. All payments are subject to applicable taxes.

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