Terms & Conditions
- a) Charges for products, services, 3rd party services, airtime fees or any 3rd party fees are due and payable in advance of each stipulated billing period.
- b) LWSS hereby rents, sells and licenses to the customer the services, software and equipment specified herein (the software and equipment collectively, the LWSS equipment) and the customer hereby agrees to pay the monthly fees, all of which are specified on the front page hereof, for the term specified herein, and thereafter on a recurring term basis, until the customer provides the written notice of termination as per the terms stated in the contract.
- c) All fees, including service fees, overage charges, service charges, and tax will continue to apply until the agreement is cancelled by the customer with no less than one full calendar month written notice to LWSS; notice provided less than one full calendar month prior to the end of term shall be void and the term shall automatically renew. Notwithstanding the above, agreements with annual terms shall expire at the end of the term regardless of timing or length of notice.
- This agreement becomes binding upon LWSS only when it is signed by both parties and delivered and accepted in writing by LWSS at its business office. This Agreement may be executed in counterparts and delivered by electronic transmission, each of which will constitute an original and all of which taken together will constitute one and the same instrument
- The customer authorizes LWSS to investigate its credit status, and keep confidential any information obtained.
- LWSS will give no less than 30 days calendar month’s written notice in the event LWSS cancels this agreement for any reason whatsoever, provided that upon a breach of this agreement by customer, with written notice provided and with such breach not rectified within 10 days of receipt of such notice in the sole discretion of LWSS, then LWSS may cancel this agreement immediately without further notice.
- The first month service charges, set up fees, deposits and product or consulting fees are payable by the customer prior to commencement of services. The deposit (s) shall be held by LWSS that in the instance of termination or default by the customer, LWSS may, at their discretion, apply the deposit towards any unpaid amounts owing.
- In the event that the customer is adjudicated a bankrupt or makes any general assignment for the benefit of its creditors, or takes or attempts to take the benefit of any insolvency or bankruptcy act, or if a petition in bankruptcy or reorganization shall be filed by or against LWSS, or any execution by issued pursuant to the judgment rendered against the customer or pursuant to this agreement, rent for the then current and for the next one (1) month, following such an event, shall immediately become due and payable.
- 24% per annum interest (approximately 2% per month) may be charged on overdue accounts at LWSS’s discretion. Service will be automatically terminated on accounts in arrears for more than 60 days, upon written notice being provided to the customer and such arrears not being paid within 10 days of receipt of notice. A charge of $20.00 will apply to each service restored following such termination.
- Communications and messages, until delivered by the terms herein, are the property of LWSS which may, at its discretion, discontinue service and hold any and all further messages for delivery, pending receipt of payment for restoring services.
- At termination, all LWSS equipment must be returned to LWSS and the customer shall pay for any transportation or courier costs.
- All LWSS equipment remains the sole and exclusive property of LWSS and is subject to its possession and control. LWSS may supply either new or reconditioned equipment at its option.
- 11. LWSS agrees to provide services and / or equipment described herein to the customer within its service area. Monitoring customers shall be assigned a service code number and / or a telephone number. The customer bears the sole responsibility for notification of number changes when new numbers are issued or service is terminated for any reason whatsoever. The customer agrees to have no proprietary right to the use or continuing use of any telephone number that may be assigned to it.
- 12. The customer is responsible for returning any defective or malfunctioning LWSS equipment to a place designated by the company for servicing, repair or replacement as deemed necessary by the company.
- The customer shall pay for any repairs or replacements to LWSS equipment which result from or in any way are caused by willful or negligent acts or omissions of the customer and / or its servants, employees or agents.
- The customer shall pay all municipal, provincial and federal taxes and fees charged against LWSS with respect to this agreement and in the event of any increase of the said taxes or fees or the imposition of any additional taxes or fees unknown as of the date hereof, LWSS shall have the right to correspondingly adjust any and all subsequent invoices pertaining to the terms of this agreement.
- LIMITATION OF LIABILITY: NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, LWSS SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL OR ECONOMIC LOSS, INCIDENTAL, LIQUIDATED OR CONSEQUENTIAL DAMAGES HOWSOEVER ARISING, WHETHER OR NOT FORESEEABLE BY LWSS OR CUSTOMER or WHETHER LWSS of Customer was advised of the possibility of such damages, AND WHETHER OR NOT DUE TO NEGLIGENCE OF LWSS IN WHOLE OR IN PART. LWSS will not be liable for any failure or delay in performance due in whole or in part to any cause beyond LWSS’s control and then in such cases only as a result of gross negligence on the part of LWSS. Notwithstanding anything to the contrary herein and to the extent permitted by law, the aggregate liability of LWSS to the customer, whether in contract, tort (including negligence), or otherwise will be limited to the fees paid by the customer to LWSS over the length of one half of the term of this agreement or 6 months, whichever is the lesser, provided however the foregoing does not limit the liability of LWSS for any injury to, or death of a person, caused by the gross negligence of LWSS. Any action against LWSS in connection within this Agreement must be commenced within one (1) year after the cause of action has arisen.
- 16. LWSS makes no representations, warranties, conditions or guarantees as to merchantability, fitness for particular purposes or any other representations, warranties, conditions or guarantees regarding the services or the LWSS equipment, whether express or implied, in law or in fact, or in writing, except as expressly stated in this agreement. The customer acknowledges that it has not relied upon any representation, warranty, condition or guarantee made by LWSS.
- The fees charged by LWSS reflect the allocation of risk herein and the limited recourse to the customer provided for in this Agreement.
- Customer understands that: (a) LWSS communicates with third party service providers and the customer over one or more transmission systems such as POTS (plain old telephone service), DVAC, VOIP, DSL. broadband. cellular, radio, internet, satellite services etc.; (b) these transmission systems are beyond LWSS’s control and are maintained and serviced solely by the applicable transmission system provider; (c) these transmission systems may not always be reliable; and (d) any changes made to these transmission systems may disrupt communications to and from LWSS and, without notice from the third-party service provider and the customer or the transmission service provider. LWSS will have no way to know of such problem. Customer understands that LWSS will not receive communications from the third-party service provider, and customer will not receive communications from LWSS if transmission system is not working properly or if changes in the transmission system prevent the third-party service provider from communicating with LWSS or prevents LWSS from communicating with customer. LWSS shall not be liable for any and all damages or costs associated with or as a result of failures or disruptions in service of the transmission service provider. Customer agrees to be bound by any and all limitations of liability provisions agreed to between LWSS and its third party service providers as if Customer was a party to those agreements.
- Where any carrier charges are incurred by LWSS which relate directly to the customer’s service line, the customer agrees to the responsibility of these charges, and will pay any such charges along with the regular customer monthly billing.
- a) The customer warrants that the party executing this agreement on its behalf is duly authorized to do so.
- b) Each party agrees that this agreement constitutes the entire agreement between the parties and there are no other representations oral or otherwise and acknowledges that it has received a copy hereof.
- c) Time shall be of the essence in this agreement and the laws of the Province of Alberta shall apply thereto.
- This agreement is not assignable, except that either party may assign its rights and obligations hereunder, upon 30 days’ written notice, (a) to any person or entity that succeeds to all or substantially all of its business, or (b) to any of its subsidiaries or affiliates or affiliates under common control. In addition, LWSS may assign a portion or all of this agreement to a third-party service provider, provided such third party agrees to be bound by the terms of this agreement. Any other attempts to transfer any of the rights, duties or obligations of this agreement are void.
- The customer shall keep LWSS informed in writing of any change of address or special billing details such as P.O. numbers.
- LWSS will provide service for equipment during regular service hours: namely, 8:30 a.m. to 4:30 pm Monday to Friday, Mountain Standard Time, or Mountain Daylight time, as appropriate, excluding statutory and provincial holidays. No credit will be allowed for LWSS equipment if spares are available during regular service hours. Customer may be required to pay for service in accordance with LWSS service policies then in effect.
- All communication and information exchanged under this contract will be treated as confidential. No information in part or in whole can be used for any illegitimate or illegal purposes, and the customer acknowledges that they will not utilize LWSS services for such purposes.
- While LWSS will make every effort as the service provider to maintain reliable, efficient and consistent service, LWSS has no legal obligation if services are compromised or prevented by war, Acts of God, acts of government, government regulations, fires, floods, storms, accidents, epidemics, quarantine restrictions, telecommunication outages, labour strikes or walk-outs, all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to LWSS’s network connections or telecommunications links or caused by the internet, or any cause that is beyond the control of LWSS.
- The customer consents to accept messages from LWSS (or any of its third party affiliates) to any and all client supplied emails, phone numbers, cell phone numbers, SMS numbers, fax numbers, pagers or any other message application platforms.