Terms and Conditions | Best Medical Alert Systems In Canada | PulseAlert
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Terms and Conditions

GENERAL PROVISIONS: The Company agrees to provide, or cause to be provided, the alarm monitoring services (“Services”) for the medical alert system (the “System”) installed at the Customer’s residence or business (the “Premises”) as described on page 1, in accordance with the general conditions of this contract. This contract is governed by and shall be interpreted in accordance with the applicable laws in force in the province in which the Services are provided. Company may at any time, upon at least thirty (30) days’ advance notice to the Customer, amend any provision herein except as otherwise provided in the contract with regard to customer recourse. The fact that one of the parties refrains from requiring the other party to perform one or more of its obligations set forth herein at any given time shall not adversely affect the future rights of that party in that respect. Furthermore, the failure of a party to seek recourse in the event of a breach of the terms and conditions set forth herein shall not be interpreted as a waiver of that party’s right of recourse in the event of any subsequent failure by the other party.

MONITORING SERVICE PROVIDED: Upon receipt of an alarm signal from the Customer’s Premises, Company is responsible only for attempting to notify, as appropriate to the type of signal, the Customer, persons submitted to Company on Customer’s contact list, and/or the appropriate responding agency. If a contacted person indicates that there is an emergency or if no contact is made with either person, Company will attempt to contact the appropriate responding agency. For non-emergency signals like low battery and trouble, Company will only attempt to contact Residential Customers between 7:00 a.m. and 9:00 p.m. (Commercial Customers will be contacted 24 hours a day unless otherwise instructed.) Company may choose not to respond to non-emergency signals in periods with high alarm signal traffic in the monitoring center. Company and Customer must comply with local notification and response requirements, which may now or in the future include visual verification of an emergency condition prior to response. Customer agrees to pay any charge associated with this requirement. SMS Notifications. Upon the terms and subject to the conditions outlined in this Agreement, each party agrees to use all reasonable efforts to get in touch; Pulse will reach customers via phone calls, emails, and SMS text messages. By accepting the present Service Agreement with the acknowledgment for ‘Opt-In’, you agree that Pulse may send you periodic SMS messages containing but not limited to, important information, updates, follow-ups, installations, billing reminders, deals, and special promotions. Consent is not a condition of any purchase. Pulse does not charge additional fees per SMS. However, charges from your wireless carrier and data rates may apply. You may unsubscribe anytime by texting the word STOP to 1-888-236-6756 or by phone Call to 1-888-236-6756. You may receive a subsequent message confirming your opt-out request.

SERVICE CHARGES, BILLING AND PAYMENTS: Customer agrees to pay the total monthly monitoring service fee as described on page 1 plus all sales, service, property, use and local taxes, any permit fees, any false alarm charges, telephone charges, return cheque charges, or late charges, if applicable, whether imposed on Company or Customer. Company may increase total monthly monitoring fee up to 5% annually during the Initial Term or any renewal term no more than once annually without prior notice. Return cheque and NSF charges are $25.00 CAD per occurrence. Company may impose a late charge of up to $5.00 CAD on each payment that is more than ten (10) days past due. PAD and credit card payment customers will not receive a billing statement from Company. Should Company be unable to secure PAD or credit card payment because bank/trust company or credit card issuer will not authorize same, then the Customer remains liable to Company for payment of all charges hereunder. Customer has certain recourse rights if any debit does not comply with this Agreement. For example, Customer has the right to receive reimbursement for any debit that is not authorized or is not consistent with this PAD Agreement. To obtain more information on your recourse rights, contact your financial institution or visit www.cdnpay.ca. Notwithstanding anything to the contrary in this Agreement, Company will follow local laws and ordinances regarding the dispatching of assistance. Should additional charges be incurred in following the local laws and ordinances, Customer will bear the total responsibility for the charges. Customer acknowledges and agrees that Company may from time to time designate a billing agent, which may be any of its present or future subsidiary, parent, affiliate or commonly controlled company or a qualified third party (collectively, the “Billing Agent”) to: (a) issue invoices, (b) initiate and process Pre-Authorized Debit (“PAD”) or credit card transactions, (c) collect fees, (d) assign, purchase, or otherwise acquire the receivables due under this Agreement, and/or (e) enforce Company’s contractual rights arising under this Agreement. Customer agrees that Customer’s rights and obligations under this Agreement remain unchanged and are in full force and effect regardless of whether the Company or a Billing Agent performs such functions. Customer further acknowledges that debits may appear on the Customer’s bank or credit card statement in the name of Company or the name of a Billing Agent. Customer hereby expressly directs and authorizes Company or the Billing Agent to debit his/her credit card, bank account or other financial account(s) identified on page 1 of this Agreement for all invoiced amounts due, in accordance with Payments Canada Rule H1. This direction and authorization shall remain in full force and effect and shall apply for the full Term of the Agreement, unless revoked in writing in the manner set out in Payments Canada Rule H1 or in this Agreement.

DISCLAIMER OF WARRANTIES: Neither Company nor its contractor represents or warrants that the System or the monitoring service will prevent any loss of life, health, property or otherwise, or that the System or the monitoring service will in all cases provide the notification service for which it is intended. Customer acknowledges and agrees that neither the Company nor its contractor has made any representations or warranties, express or implied, including without limitation the condition of the System or the monitoring service, their merchantability or their fitness for any particular purpose, other than those expressly contained herein. Customer acknowledges and agrees that there are no warranties, which extend beyond the face of this Agreement and that neither Company nor its contractor has control over the response time or capability of any agency or person who may be notified. Customer further understands that Company or its contractor may fail to properly respond to the receipt of a signal from the System, or that the System may fail to function properly.

COMPANY IS NOT AN INSURER AND LIMITATION OF LIABILITY: Customer acknowledges and agrees that neither Company nor its contractor is an insurer; that Customer assumes all risk of personal injury and loss of life or damage to Customer’s Premises or to the contents thereof; and that Customer has read and understands all of this Agreement, particularly the Company’s maximum liability in the event of any loss or damage to Customer or anyone else and indemnification of Company and its contractor by Customer. Customer further acknowledges and agrees that if any insurance is desired, Customer must obtain it. Customer acknowledges that it is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from Company’s or its contractor’s negligence, a failure of Company or its contractor to perform any of the obligations herein, including but not limited to, any breach or failure by Company or its contractor to perform under any service call, plan, or agreement, failure to reasonably respond to service requests, failure of the System, monitoring service, or equipment to properly operate with a resulting loss to Customer because of, among other things: 

(a) the uncertain amount or value of Customer’s property or the property of others kept on the Premises which may be lost, stolen, destroyed, damaged, or otherwise affected by occurrences which the System, monitoring service, and equipment is designed to detect or avert; 

(b) the uncertainty of the response time of the fire department, paramedic unit, EMS/ambulance or others, should any be dispatched as a result of a signal being received; 

(c) the inability to ascertain what portion, if any, of any loss would be proximately caused by Company’s or its contractor’s failure to perform or by its System, monitoring service, or equipment to operate; 

(d) the uncertain nature of occurrences which might cause injury or death to Customer or any other person which the System is designed to detect or avert; 

(e) the nature of the monitoring service to be performed by Company or its contractor. Customer understands and agrees that if Company or its contractor should be found liable for loss or damage due to Company’s or its contractor’s negligence, a failure of Company or its contractor to perform any of the obligations herein, or a failure of the monitoring service or the equipment in any respect whatsoever, Company’s and its contractor’s liability shall be limited to the sum of One Thousand Dollars ($1,000.00 CAD) and this liability shall be Company or its contractors sole and exclusive liability; that the provisions of this paragraph shall apply if loss or damage, irrespective of cause or origin results directly or indirectly to persons or property, from performance or non-performance of the obligations imposed by this Agreement, or from negligence of Company or its contractor or their respective agents, assigns or employees. It is further agreed that the limitations on liability expressed herein, shall insure to the benefit of and apply to all parent, subsidiary and affiliated entities of Company or its contractor.

CUSTOMER’S DUTIES: Customer shall maintain the System in good operating condition and shall secure and maintain all licenses or permits that may be necessary from governmental, fire department, paramedic unit, EMS/ambulance, city or insurance authorities for the continued monitoring and use of System. Customer shall properly test and set the System and carefully test the System no less than monthly and notify Company or its contractor promptly if Customer believes there is a problem with the System. Customer agrees to provide Company and its contractor with written notice of any changes, revisions and modifications to the System, and further agrees to provide and maintain current and correct subscriber contact information with Company and contractor.

DISCONNECTION: Company or its contractor may terminate monitoring services by giving Customer thirty (30) days prior written notice in the event the Customer is in breach of or default under this Agreement. Upon such event, this Agreement and all of Company’s responsibilities hereunder shall cease, and Customer agrees that Company or its contractor shall have no liability if such monitoring services are terminated. Upon termination of this Agreement, Customer agrees to permit Company or its contractor to discontinue monitoring and further permit Company or its contractor to either remotely disconnect Customer’s system from the monitoring network or enter Customer’s Premises and disconnect the System from Company’s or its contractor’s monitoring network. System may not be monitored by other alarm companies without reprogramming or replacement of the communicator.

TRANSMISSION SYSTEM: Customer’s System communicates with the Company’s monitoring facility utilizing one or more networks – telephone, cable, Internet, cellular, or radio. It may also utilize equipment in Customer’s home – telephone or cable equipment, modem, router, power supply. Together, the System, the network and other equipment represent the “Transmission System”. This Transmission System is beyond the control of Company and Company takes no responsibility for its reliability or its continued compatibility with this intended usage. Each network and the related in- home equipment has its own inherent risks and reliability levels and the Customer should consider their own needs and requirements before choosing a Transmission System. IN ORDER FOR THE SYSTEM TO TRANSMIT SIGNALS OVER THE INTERNET, IT MUST HAVE UNINTERRUPTED ACCESS TO AN ALWAYS ON HIGH-SPEED INTERNET CONNECTION. If a signal from Customer’s System does not reach Company’s monitoring facility for any reason, Company will not be able to respond. Communication issues might include, but are not limited to, network outages, severed lines, lack of power to key components, signal jamming, obsolescence or failure of components, and/ or changes in laws or regulations. The Customer should test the System on a regular monthly basis and any time there is a change to any aspect of the Transmission System (See Section 6). The Customer should immediately notify the Company of any changes to the Transmission System (including use of DSL, VoIP or other broadband services as these may interfere with or prevent signal transmission) or any communication issues identified by Customer during testing. IF THE TRANSMISSION SYSTEM USES A TELEPHONE LINE AND THAT LINE IS DISCONNECTED, THE ALARM TRANSMISSION WILL FAIL. If Customer has chosen a means of communication that causes the System to seize control of a communication network in order to communicate with the monitoring facility, Customer understands that they will not be able to use that same communication network to call for emergency response during the time that the communication network is in use.

INTERRUPTION OF SERVICE: Neither Company nor its contractor assumes any liability for interruption of monitoring service due to strikes, riots, floods, storms, earthquakes, fires, power failures, insurrection, criminal or terrorist acts, interruption or unavailability of telephone service, acts of God, or for any other cause beyond the control of Company or its contractor. Neither Company nor its contractor will be required to supply monitoring service to Customer while any such cause continues and Customer shall not be entitled to any refund or credit of any charges for such an interruption of monitoring service. Company or its contractor may suspend or cancel this Agreement without notice or liability or penalty should the System, Customer’s Premises, or Company or its contractor’s monitoring facilities become so substantially damaged that further service is impractical, or in the event that Company or its contractor is unable to either secure or obtain the connections or privileges necessary for the transmission of signals between Customer’s location, Company or its contractor’s monitoring facility and local medical or ambulance departments. Neither Company nor its contractor shall have any liability for delay in installation or maintenance of the equipment. 

THIRD PARTY INDEMNIFICATION: Customer agrees to and shall indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, contractors and any person or entity for whom the Company is legally responsible, from and against any and all claims arising from this Agreement brought by parties other than the parties to this Agreement.

SUBROGATION: Unless prohibited by Customer’s insurance policy, Customer hereby discharges and agrees to hold Company harmless from any and all claims, liabilities, damages, losses or expenses, arising from or caused by any hazard covered by insurance in or on the Customer’s Premises whether said claims are made by Customer, his agents, insurance carrier, or other parties claiming under or through Customer. Customer agrees to indemnify, defend and hold harmless Company and its contractor from any action for subrogation that may be brought against Company or its contractor by any insurer or insurance carrier, or its agents or assigns, including the payment of all damages, expenses, costs and attorney’s fees. Customer shall notify their insurance carrier of the terms of this provision.

LIMITATION ON ACTIONS: Both parties hereby agree that no suit or action that relates in any way to this Agreement (whether based upon contract, negligence or otherwise) shall be brought against the other more than one (1) year after the accrual of the cause of action therefrom. In addition, both parties hereby waive any rights to a jury trial in any judicial action brought by either party which relates in any way to this Agreement (whether based upon contract, negligence or otherwise).

REMEDIES: Customer shall be in default hereunder and there shall be a breach of this Agreement if (a) Customer fails to pay any fees or charges of any kind when under or fails to perform other obligations set forth in this Agreement and such failure continues for a period of ten (10) days after issuance of written notice by Company; (b) Customer attempts to remove, sell, transfer or encumber the System except as expressly permitted herein; (c) Customer otherwise fails to comply with any of its obligations hereunder; or (d) Customer transfers title to the premises herein described and the party acquiring title to the Premises has not executed a written assignment agreement with the Company and agreed to assume the obligations under the contract. In the event of Customer’s default hereunder, Company may at its option do any or all of the following: (i) by notice to Customer, terminate this Agreement; (ii) declare immediately due and payable all moneys to be paid by Customer during the Term without presentment, demand, protest, or further notice of any kind all of which are expressly waived by the Customer; these moneys associated with acceleration of this Agreement are not a penalty, but are damages which Customer agrees to pay Company based upon Customer’s original agreement to receive and pay for the services provided herein for the Term of this Agreement.

FALSE ALARMS: Customer understands that local authorities may impose fines for false alarms or signals, and Customer agrees to be responsible for these fines and any related costs whether they are levied directly on Customer or on the Company, its contractors, or subcontractors.

TITLE TO THE SYSTEM. RISK OF LOSS; BUYER’S RIGHT TO CANCEL TAKES PRECEDENCE. For pre-installation cancellations, Section 16 governs all return deadlines and related charges. Customer acknowledges and agrees that title to and ownership of the System, and all component parts, shall remain the sole and exclusive property of the Pulse. Customer shall bear the responsibility for returning all equipment to Pulse, if the equipment is not returned within 60 days of cancellation the customer will be billed a Pulse’s current MSRP value of the equipment, any returning shipping costs is the responsibility of the customer. Customer shall bear the entire risk of loss to the System. If Customer defaults in any payment under this Agreement for the System, or any other agreement concluded between the Customer and Pulse including any monitoring agreements, then the Customer hereby empowers Pulse to enter upon the premises and to remove the System. Removal of the System shall not be deemed a waiver of Company’s right to damages or to collect any payments due hereunder, and Pulse shall continue to have the right to enforce any legal remedy or right available. Pulse shall be in no way obligated to restore the Premises to its original condition or redecorate some in the event the System is removed as a result of Customer’s default.

PRE-INSTALLATION CANCELLATION & COST RECOVERY AUTHORIZATION: Subject to applicable provincial consumer protection laws and the Statement of Cancellation Rights (Schedule 1) 

(a) If Customer cancels his/her order with Company after any applicable statutory cooling-off period but before the medical alert devices or other equipment ordered by Customer has been installed or if Customer fails to respond or otherwise cooperate with Company to arrange for installation within fifteen (15) days after being contacted by Company to schedule an installation, then Customer hereby authorizes Company or its Billing Agent to immediately charge to Customer’s credit card or via pre-authorized debit (PAD) from Customer’s bank account using the payment details provided by Customer: (i) a cost recovery fee of CAD $195 (plus applicable taxes) to cover Company’s expenses relating to order processing and administrative overhead, shipping, packaging, scheduling, activation and customer support; and (ii) the cost of the medical alert devices or other equipment ordered by Customer plus a 15% restocking/processing fee (plus applicable taxes) if Customer does not return such equipment to Company in the same packaging and condition that it was received within fifteen (15) days after being contacted by Company to schedule an installation. If any attempted charge or debit under this Section is unsuccessful or later reversed, the amount becomes due within five (5) business days and is subject to Section 13 (Remedies) and any applicable late or NSF charges (the fees set out in Section 16(a)(i) and (ii) are collectively, the “Cost Recovery Fee”).

(b) Customer acknowledges and agrees that the Cost Recovery Fee: (i) is not a penalty and is a genuine pre-estimate of Company’s costs, including but not limited to, order processing and administrative overhead, non-recoverable expenses for equipment acquisition, shipping, packaging, scheduling, activation and customer support; and (ii) constitutes liquidated damages intended to fairly compensate Company for its costs resulting from the Customer expressed or implied cancellation of this Agreement after the applicable statutory cooling-off period but before the medical alert devices or other equipment ordered by Customer has been installed.

(c) Exceptions: The Cost Recovery Fee will not be charged to Customer if any of the following apply:

  • Company fails to install the medical alert device and/or other equipment ordered by Customer thirty (30) days after Company’s acceptance of this Agreement, provided that Customer has reasonably cooperated and responded with Company’s outreach efforts (calls, SMS, and emails) to schedule installation;
  • Company cancels Customer’s order for any reason; or
  • Customer properly cancels his/her order with Company in writing within the statutory cooling-off period in accordance with applicable provincial consumer protection laws.

WARRANTY AND EXTENDED SERVICE OPTION: The Customer shall maintain and use the medical alert system in compliance with the operating instructions provided at the time of installation. Any part of the system and wiring installed under this Agreement and which requires service due to normal wear and tear or defective material or workmanship will be repaired by at no cost to the customer for materials for the period of one year from the date of installation. If the Customer has the Extended Service Option (ESO), Company will extend the warranty for as long as the Company provides Customer’s monitoring service and Customer is current on all payments. ESO is available to residential customers only. Whether ESO is selected or not, a $70.00 service trip charge may apply for any visit made to the Customer’s premises. Additional charges may apply for shipping, labour, or if the Customer requests repair service outside of the regular business hours of 7:00 a.m. to 7:00 p.m. MST Monday through Friday (excluding holidays). The warranty and ESO do not cover damage caused by misuse, abuse, faulty connections, tampering, construction, vandalism, theft, acts of God, cosmetic damage, fire, or any other cause other than normal wear and tear.

ASSIGNMENT: This Agreement may not be assigned in whole or in part by Customer. Company may assign or subcontract all or any portion of this Agreement without notice to Customer and any such assignee or subcontractor shall be entitled to the rights, benefits, privileges and protection afforded to Company under this Agreement. Company may subcontract or assign this Agreement to another company. Customer also recognizes that any assignee of this Agreement shall not be liable for any cause of action that may have occurred prior to such assignment.

ACKNOWLEDGMENT: Customer acknowledges that this Agreement shall not take effect until Company has received a satisfactory credit report on the Customer. Customer hereby authorizes release of credit information to the Company and/or its assigns. Neither Company nor its contractor shall be obligated to provide monitoring service until it has received: (i) a fully executed copy of this Agreement, (ii) the completed notification instructions, and(iii) valid test signals from Customer’s System.

ENTIRE AGREEMENT: This writing is intended by the parties as a final expression of their agreement and as a complete and exclusive statement of the terms in this Agreement. Company’s or its contractor’s duty and obligation to provide monitoring service to Customer arise solely from this Agreement. This Agreement supersedes all prior representations, understandings, or agreements of the parties. This Agreement can only be modified in writing, signed by the parties or their duly authorized agent. No waiver or breach of any term or condition of this Agreement shall be construed to be a waiver of any succeeding breach. Customer agrees that Company may convert this Agreement to electronic media, which may serve as the exclusive original, to the extent permitted by applicable provincial law.

PERSONAL INFORMATION: The Customer confirms that the information he/she is providing to Company (“application information”) is true and complete and shall notify Company without delay of any change to his/her application information. In submitting his/her application information, the Customer consents to the collection, use, disclosure, and transfer of his/her personal information as set out below. Personal information includes all data relating to the Customer in his/her application form or subsequently disclosed by him/her or third parties with his/her consent (or when authorized by law) for the purposes of monitoring, setting up and administering his/her services. For the purposes of monitoring, setting up and administering his/her services (including contract approval, invoicing, collection and to provide the Customer with information on new services or equipment), the Customer agrees to the collection, use, disclosure, and transferring of his/her personal information by and between Company, its parents, affiliates, subsidiaries, and their successor corporations, or any sub-contractor or assignee of this Agreement. The Customer authorizes Company or any sub-contractor of assignee of this Agreement to consult third parties for credit reports or recommendations as to his/her solvency and to collect, use, and disclose such information when necessary, for the monitoring, setting up, and administration of his/her services. The Customer acknowledges that in connection with the uses and disclosure of his/her personal information as described in this section, his/her personal information may be transferred to jurisdictions outside of Canada, including the United States, and if so, such information will be subject to the legal requirements of such jurisdictions, where local laws may provide different levels of protection. The file containing information related to the administration of the Customer’s services will be kept by Company and/or any sub-contractor or assignee of this Agreement and will only be available to the personnel at Company and/or any subcontractor or assignee of this Agreement, their parents, affiliates, subsidiaries or to any successors or their authorized employees, contractors and agents who need to access the information in the administration and operation of his/her services or to inform the Customer of new equipment or services, unless otherwise authorized by law. The information related to the administration of the Customer’s services.

LIFE SAFETY DEVICES: Any life safety device must be installed and operated in strict accordance with manufacturer’s and/or Company’s specifications, tested at least monthly (see section 6) and used in conjunction only with UL certified devices. To the extent life safety devices rely on other devices not connected to the System, Customer must ensure that all devices, whether connected to the System or not, are powered by an always-on power source or live battery. Customer agrees that if power is cut-off, the battery is low or dead, the life safety devices will not operate, the alarm will not sound, and no signals will be transmitted to Company. Customer also must verify on a regular basis that all life safety devices can properly transmit signals via the Transmission System (see Sections 6 and 9). Lastly, Customer agrees that the number and location of any life safety devices can be governed by requirements or recommendations in Federal, provincial, and local laws, codes, and standards, and that any such life safety devices may not fulfill such requirements or recommendations for number or location, and it is Customer’s sole responsibility to comply with applicable laws, codes and standards relating to installation, placement, or maintenance of any such life safety devices.