Terms and Conditions
This Agreement is between Red Dot Alerts™ (“Company”) and the Subscriber, sometimes referred to herein as “you” or “your.” By activating your account on first payment, you the customer hereby agree to abide by all terms and conditions below. This Agreement constitutes the entire agreement between you and Red Dot Alerts™ and governs your use of Red Dot Alert services and programs, superseding any prior agreements with respect to the same subject matter between you and Red Dot Alerts™. Red Dot Alert’s failure to enforce any right or provision in this Agreement or waiver of any breach of this Agreement by you will not constitute a waiver of subsequent breach or any other provision. This agreement is binding upon you and your heirs, executors and permitted assigns.
SCOPE AND TERM OF AGREEMENT
The Subscriber hereby agrees to pay Red Dot Alerts™ a monthly fee plus applicable taxes for rental of appropriate equipment and/or monitoring service. Terms begin upon the Company receiving authorized payment from the Subscriber. The Subscriber personally guarantees the equipment rental and/or monitoring service payments. Red Dot Alerts™ reserves the right to adjust prices to reflect changes in costs without prior consent of the Subscriber. Red Dot Alerts™ will do its best to advise its Customer of changes in fee structure.
Service provided shall automatically renew for an additional 30 days under the same terms and conditions for successive periods of 30 days unless the Subscriber gives at least one month’s written notice of intention to terminate this Agreement upon any expiration date. Subscribers may terminate this agreement at any time subject to a one-time administration fee calculated by Red Dot Alert’s receiving your notice of termination of service. Termination of service is subject to clauses further contained in this Agreement.
DUTIES OF THE COMPANY
Red Dot Alerts™ will perform its services in accordance with the terms of this agreement in the following manner. The Company will make reasonable efforts to monitor equipment or have it monitored through a third party 24 hours a day and 7 days a week. If Red Dot Alerts™ receives a signal from the equipment it will use reasonable efforts to notify the appropriate emergency response contact as designated and provided by the Subscriber. The Subscriber agrees that Red Dot Alerts™ may rely absolutely on the statements of the Subscriber, emergency contacts as provided by the Subscriber, first responders (police, fire or ambulance), or any other person who states they are acting on behalf of the Subscriber, with respect to the location of and condition of the Subscriber. Red Dot Alerts™ is not responsible for the promptness, sufficiency or adequacy of the action of any emergency contact, first responder, or third party acting for the Subscriber – the company’s duties in this agreement are satisfied by attempting to contact the aforementioned individuals. You the Subscriber agree that Red Dot Alerts™ in no way represents or guarantees that emergency contacts, responders or third parties can be contacted, can or will respond, or that any response will be safe and effective. An agent or other representative of Red Dot Alerts™ cannot serve as a Subscriber’s emergency contact.
DUTIES OF SUBSCRIBER
Red Dot Alerts™ relies on telephone lines and cellular networks to receive signals from the equipment to perform its services. If there are any problems with the telephone network, the Customer’s line, or the cellular coverage, Red Dot Alerts™ will not be able to monitor the equipment and will not be aware that assistance is required. During any disturbance to the aforementioned, Red Dot Alerts™ has no means and therefore no obligation to perform its services. If phone lines are in use, the Subscriber acknowledges Red Dot Alert will be unable to contact the emergency contacts or responders. Should the customer want to install technology to ensure these problems do not occur, it is up to the Subscriber to do so. Subscribers should always press their button when help is required if they are able. Mobile systems rely on Bluetooth, cellular, GPS and global position satellites which may not always be available, accurate or within range. Red Dot Alerts™ is in no way responsible for any disruption in service for these reasons or any others and the Subscriber agrees to indemnify Red Dot Alerts™ for any and all inability to render services for any reason whatsoever. Customers agree to fully indemnify Red Dot Alerts™ for any changes or errors in information entered to the Mobile online platform whether that information was entered by Red Dot Alerts™ or any other party whatsoever.
FINES, FEES & PAYMENT
Red Dot Alerts™ is hereby authorized to periodically draw payment under its pre-authorized payment plan from the bank account or credit card information obtained from you through the Company’s onboarding materials and paperwork. The Subscriber will notify Red Dot Alerts™ of any change in account information or ownership including account ownership and expiry dates.
In case of default and/or termination by the Subscriber in respect to the terms of the current agreement, Red Dot Alerts™ may unilaterally end the Agreement and claim further damages to the extent of all fees due to the end of the current term and all terms already renewed, interest, and penalties incurred. Any pre-authorized or credit card payments returned or refused for any reason will be billed at $25 per incident. Following a false alarm regardless of reason or circumstance, the Subscriber shall pay all fines and fees associated with its consequences such as but not limited to fees imposed by a municipality, police force, ambulance or paramedic service. Red Dot Alerts™ will not be held responsible for forced entry damages that results from any occurrence or circumstance surrounding its services.
NO LIABILITY, INDEMITY
Red Dot Alert is not liable to you the Subscriber, emergency contacts, responder, or any other party for any damages including without limitation any personal injury, property damages, loss of business, or incidental or consequential damages caused by or related to the equipment, its manufacture, installation, functioning or operation. You the Subscriber agree to indemnify Red Dot Alerts™ and its employees against, and shall protect the Company from all loss, costs, liabilities, claims, legal proceedings and expenses arising in connection with: this agreement; the manufacture, selection, purchase, ownership, delivery, installation, possession, use, monitoring, loss or return of equipment, taxes, any default, or the exercise by us of our rights hereunder. The Subscriber hereby acknowledges that any temporary disruption in the aforementioned services or non-performance by the Company caused by strikes, riots, floods, storms, earthquakes, power failures, interruptions of telephone or cellular services, government regulation, acts of God or catastrophe is completely beyond the control of Red Dot Alerts™, and services may not resume for an undisclosed period of time. You shall waive any rights your insurance company may have to be reimbursed by Red Dot Alerts™ paid to you on your behalf. Red Dot Alert is not an insurer for medical, disability, life, or any other insurance.
REPRESENTATIONS AND WARRANTIES
Red Dot Alerts™ acts strictly as a re-seller of equipment for the manufacturer. All products include manufacturer warranties as described by the manufacturer, subject to terms and conditions as outlined by the manufacturer. By entering in this Agreement you represent and warrant that the information within it and provided by you to Red Dot Alerts™ is complete and accurate. No collateral warranties either verbal or written govern the services of Red Dot Alerts™, aside from manufacturer warranties. This Agreement trumps all verbal warranties by employees, associates, or agents of Red Dot Alerts™.
Returns for whatever reason including but not limited to exchange, warranty, repair must be sent via a recognized courier to the following address: Red Dot Alerts™ receiving, 101-920 Belfast Road, Ottawa, ON K1G 0Z6. Before the return of any Red Dot Alert system equipment, the Subscriber shall contact the Company to receive an authorization number. A full termination of a subscription will only take effect once Red Dot Alerts™ authorizes the return, receives all equipment, and the equipment is in good condition. The Subscriber shall cover all shipping costs.
This Agreement is drafted in the English language. This Agreement shall be governed by the laws of the province of Ontario and the laws of Canada applicable therein, except for Agreements with Subscribers in the province of Quebec, which shall be governed by the laws of the province of Quebec and the laws of Canada. All funds referred to in this Agreement are in Canadian Dollars. This Agreement can be modified by mutual agreement of the parties.
THIS PORTION APPLIES TO SUBSCRIBERS RESIDING AND USING RED DOT ALERT SERVICES IN QUEBEC ONLY
SUBSCRIBERS RIGHT TO CANCEL
You may at any time cancel this Agreement by sending written notice to Red Dot Alerts™ to the address aforementioned. Cancellation takes effect upon the sending of the notice or any later date you specify. The Company will retain all administrative fees and you will be subject to a cancellation fee.
Subscriber hereby acknowledges having read the terms and conditions of this Agreement, which are set forth on these pages. Such acknowledgement is conclusively evidenced by the Subscriber activating the Red Dot Alerts™ Monitoring service. The customer hereby acknowledges delivery of the Red Dot Alerts™ unit and confirms that the equipment has been inspected, is in good operating condition, and is totally fit for its intended purposes and is in all respects as represented.