Terms & Conditions
TERM: This agreement made by and between Pulse Alert and the owner of the the customer, shall have a term of 48 months. Upon expiration, the agreement shall be renewed automatically each month for successive one (1) month term, unless Customer cancels this agreement by sending a signed request for cancellation which includes Customer’s name, address, account number and password at least thirty (30) days prior to the expiry of this agreement or any renewal thereof. Agree that (the “Customer”) will rent and Pulse will provide the Customer the Pulse Alert package as described below.
PulseAlert DUTIES: PulseAlert will use reasonable commercial efforts to monitor the equipment or have it monitored through a third party 24 hours a day and 7 day a week. If PulseAlert receives a signal from the equipment it will use its reasonable commercial efforts to notify the appropriate emergency response contact as designated by the Customer. Customer agrees that PulseAlert may rely absolutely on the statements of the Customer, emergency contacts (as provided by Customer) or emergency respondents (police, fire, ambulance), or any other person who says they are acting on behalf of the Customer, with respect to the location of and condition of the Customer. Customer agrees that PulseAlert is not responsible for the promptness, sufficiency or adequacy of the action of any emergency contact or responder or any third party acting for a responder. Customer agrees that PulseAlert in no way represents or guarantees that emergency contacts or responders can be contacted, can or will respond, or that any response will be safe or effective. Customer agrees that the emergency contacts have been designated by him or her and are not agents or other representatives of PulseAlert.Q
CUSTOMER DUTIES: The Customer will immediately notify PulseAlert of any problems with the equipment and test it on a monthly basis by triggering the emergency response unit. It is the sole responsibility of the Customer to inspect and maintain the system itself. The Customer shall also notify PulseAlert of any change in telephone number, address, medication or any health related matter. The Customer acknowledges that all information gathered is held in confidence according to PulseAlert’s privacy policy. It is agreed that all telephone lines, special equipment and installation are the Customer’s responsibility.
LIMITATIONS: PulseAlert relies on telephone lines to receive signals from the equipment to perform its services. If there are any problems with the telephone network or the Customer’s line, PulseAlert will not be able to monitor the equipment and will not be aware that assistance is required. While these problems exist PulseAlert would have no means or obligation to perform its services. If the line is in use during an emergency situation, the Customer acknowledges that the emergency response center will be unable to contact the Customer through the two way voice panel. To avoid this type of problem, Customer should install an RJ31X jack. If Customer would like this type of connection, it is the responsibility of the Customer to have the telephone company install it. Customers using fall detection products acknowledge they understand that fall detection products may not detect 100% of falls, Customers should always press their button when help is required if they can. Mobile systems rely on Bluetooth, cellular, GPS and global position satellites which may not always be available, accurate or within range. PulseAlert is in no way responsible for any disruption in service for these reasons or any others and the Customer agrees to indemnify PulseAlert for any and all inability to render services for any reason whatsoever. Customers agree to fully indemnify PulseAlert for any changes or errors in information entered to the Mobile online platform whether that information was entered by PulseAlert or any other party whatsoever.
FINES & FEES: Following a false alarm, regardless of the reason, it is the Customer’s responsibility to pay all fines & fees imposed by a municipality, police force or any other agency. Electronic billing: All billing and tax correspondence shall be delivered via electronic mail. Customers requesting paper billing and/or tax receipts shall be charged a fee as set by PulseAlert.
FORCED ENTRY: The Customer understands that if emergency response units are sent to the location from which an emergency signal has been received forced entry may be required to respond appropriately to the emergency situation. The Customer shall indemnify and hold harmless any party involved in such an occurrence under any and all circumstances including section 11 of this agreement.
FINES & FEES: Following a false alarm, regardless of the reason, it is the Customer’s responsibility to pay all fines & fees imposed by a municipality, police force or any other agency. Electronic billing: All billing and tax correspondence shall be delivered via electronic mail. Customers requesting paper billing and/or tax receipts shall be charged a fee as set by PulseAlert.
PRE-AUTHORISED PAYMENTS: PulseAlert is hereby authorized to periodically draw payment under its pre-authorized payment plan from the bank account information obtained from the sample cheque sent to PulseAlert to cover all amounts due under this agreement. The Customer agrees to notify PulseAlert of any change in banking information and/or ownership.
CREDIT CARD PAYMENTS: PulseAlert is hereby authorized to periodically draw payment under its pre-authorized payment plan from the Credit Card account specified to the PulseAlert representative to cover all amounts due under this agreement. The Customer agrees to notify PulseAlert of any change in Credit card information and/or expiry date.
NO LIABILITY, INDEMNITY: PulseAlert is not liable whatsoever 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 agree to indemnify us against, and shall protect us from all loss, costs, liabilities, claims, legal proceedings and expenses arising in connection with: this agreement; the equipment; the manufacture, selection, purchase, ownership, delivery, installation, possession, use, monitoring, maintenance, loss or return of the equipment; taxes; the equipment’s infringement of any patent, industrial or intellectual property right; any default; or the exercise by us of our rights hereunder. The Customer hereby acknowledges that any temporary disruption in the above mentioned services caused by acts of god, government regulation or catastrophe is completely beyond the control of PulseAlert that supply of such services may not resume for an undisclosed period of time. PulseAlert is not responsible, and will not be held accountable for delays in response time between the Emergency Response Center and local emergency services and/or any failure to contact local emergency services for any reason whatsoever.
DEFAULT AND/OR TERMINATION: In case of default and/or termination by the Customer in respect to the terms of the current agreement, the company may unilaterally put an end to the contract and claim further damages to the extent of all fees due to the end of the current term and any terms already renewed, as well as any interest and penalties incurred. Late payments will incur interest charges of 2% monthly. Any pre-authorized payments, credit card payments or checks returned for any reason will be billed at $20 per incident.
REPRESENTATIONS AND WARRANTIES: Customer acknowledges that PulseAlert is acting strictly as a re-seller of equipment for the manufacturer. All products include manufacturer warranties as described by the manufacturer, and subject to terms and conditions as outlined by the manufacturer unless otherwise indicated. Batteries are not covered under these warranties. Equipment which has been subject to abuse, misuse, alteration, unauthorized repair, or damage as a result of Acts of God beyond the control of PulseAlert, is not covered by the warranty. PulseAlert shall have the right of final determination of the existence and cause of defect.
RETURNS: Returns for whatever reason including but not limited to exchange, warranty, repair must be sent via a recognized courier to the following address: PulseAlert receiving, 21 King st West 5th floor, Hamilton, Ontario, L8P 4W7
MISCELLANEOUS: The parties agree to have this contract drafted in the English language. The parties further agree that the laws of Ontario and Canada shall be the governing laws with respect to this agreement. All funds referred to in this agreement are in Canadian Dollars. This agreement constitutes the entire agreement between the Customer and PulseAlert.
Customer hereby acknowledges having read the terms and conditions of this agreement, which are set forth on this page. Such acknowledgement is conclusively evidenced by the Customer activating the PulseAlert Monitoring service. The customer hereby acknowledges delivery of the PulseAlert 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.
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