Think Protection 12 Month Promotional Contract

THINK PROTECTION INC. 12-MONTH PROMOTIONAL CONTRACT AGREEMENT
  1. I/We authorize THINK PROTECTION INC, to debit my Bank account/Credit Card for all future charges plus any applicable taxes. If I/we make any changes to the Bank Account or credit card above. I/We agree to notify THINK PROTECTION INC, prior to any such changes.
  2. The subscriber accepts and acknowledges that THINK PROTECTION INC’s finance club offering is associated with the terms and conditions in the contractual agreement. The subscriber has been made aware of this agreement during the sales process. An email has been sent to the subscriber containing a link to the full agreement. In addition a paper copy of this agreement has been included in the subscribers alarm package. The subscriber also agrees to a 30-day cool-off period where they can return their alarm system for a full refund. The subscriber also agrees that the contract will start from the point of sale date.
  3. The Acceptance of this agreement is subject to approval of THINK PROTECTION INC. THIS SUBSCRIBER STATES THAT HE/SHE HAS READ THIS AGREEMENT AND UNDERSTANDS AND AGREES TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT, IN PARTUCULAR THE LIMIITED WARRANTY AND LIMIT OF LIABILITY.
  4. This is an agreement between you (“Subscriber”) and THINK PROTECTION INC. All charges are payable in advance of the renewal date. Agreement for service is for a period of 1 years. This agreement is automatically renewable annually unless terminated by either party in writing. Subscriber must give THINK PROTECTION INC, 15 days notification of termination in writing. Upon termination by the Subscriber it is understood that all pre-paid funds are forfeited or transferred to a new location established by you and agreed to by THINK PROTECTION INC,. THINK PROTECTION INC, maintains the right to suspend, withdraw or cancel any or all services with 30 days notice as a result of non payment of funds for services provided or misuse of services provided causing increased costs or workload to THINK PROTECTION INC, its’ staff or assigns.
  5. I authorize THINK PROTECTION INC, to debit/charge my credit card any upfront/monthly monitoring charges.
  6. THINK PROTECTION INC, proposes to assist/instruct over the phone the installation of the equipment and furnish the services indicated herein or to monitor the security system owned by the Subscriber. THINK PROTECTION INC, will service the equipment over the 12-month contractual term.
  7. The subscriber agrees to pay, in addition to the service charges above, including but not limited to, any false alarm assessments, taxes, fees that are imposed by any governmental body, service, repairs & parts, response fees, regardless of whether such duties were performed by THINK PROTECTION INC, employees or agents authorized by THINK PROTECTION INC,.
  8. Entire Agreement – Subscriber acknowledges that he/she is aware that no alarm system can guarantee prevention of loss, that human error on the part of THINK PROTECTION INC, or the Municipal Authorities is always possible, and that signals may not be received if the transmission mode is interfered with, or otherwise damaged. This agreement constitutes the entire agreement between the subscriber and THINK PROTECTION INC,. In executing this agreement, subscriber is not relying on any advice or advertisement of THINK PROTECTION INC,. Subscriber agrees that any representation, promise, condition, inducement or warranty, express or implied, not included in writing in this agreement shall not be binding upon any party, and that the terms and conditions hereof apply as printed without alteration or qualification, except as specifically modified and approved in writing by an authorized representative of THINK PROTECTION INC,. The terms and conditions of this agreement shall govern notwithstanding any inconsistent or additional terms and conditions or any purchase order or other document submitted by the subscriber.
  9. CONNECTION TO SUBSCRIBER OWNED EQUIPMENT: In the event of a takeover, THINK PROTECTION INC, assumes no responsibility whatsoever for the maintenance, operation or non-operation, actuation or non-actuation, of your existing alarm equipment. THINK PROTECTION INC, agrees to assume responsibility in servicing the equipment provided by or installed by THINK PROTECTION INC, during the contractual term. THINK PROTECTION INC, reserves the right to terminate service under this Agreement in the event your existing equipment is not in good operating condition and THINK PROTECTION INC, will not be liable for any damages or penalties as a result of termination under those circumstances.
  10. Internet or Cellular Connection: Subscriber understands and acknowledges that the signals from Subscriber’s alarm system are transmitted over Subscriber’s Internet or Cellular connections to THINK PROTECTION INC,’s monitoring center and in the event your connection is out of order, disconnected, placed on vacation or otherwise interrupted, signals from your alarm system will not be received to our monitoring center during such interruption in service and such interruption will not be known to us. THINK PROTECTION INC, further advises the subscriber that it cannot warranty or guarantee proper operation of the communication device located in the customer owned panel.
  11. MONITORING SERVICES: THINK PROTECTION INC, agrees to provide monitoring services to subscriber as follows: When THINK PROTECTION INC, receives an emergency signal from subscriber’s alarm system, THINK PROTECTION INC, will make every reasonable effort to follow the subscriber’s emergency notification list, as supplied by subscriber during the sign up process. If THINK PROTECTION INC, has reason to believe that no emergency exists, then THINK PROTECTION INC, can choose not to forward notification information. Subscriber agrees that for THINK PROTECTION INC, to perform effective monitoring services Subscriber’s co-operation is essential and therefore Subscriber agrees to test the alarm system annually and notify THINK PROTECTION INC, if the system appears not to function normally. Subscriber further agrees to keep Subscriber’s emergency information updated and current by notifying THINK PROTECTION INC, of any changes via a phone call.
  12. TAXES and FEES: Any applicable taxes, sales taxes, permit fees, false alarm fees or assessments with regard to Subscriber’s alarm system or the monitoring thereof are the responsibility of Subscriber. Should THINK PROTECTION INC, be assessed any such charges specifically regarding Subscriber’s alarm system or the monitoring thereof THINK PROTECTION INC, shall charge such charges to subscriber’s credit card or bank account.
  13. THIRD PARTY INDEMNIFICATION: In the event any person not a party to this agreement, shall make a claim or file a lawsuit against the THINK PROTECTION INC,, for any reason in relation to our duties and obligations pursuant to this agreement, subscriber agrees to indemnify, defend and hold harmless THINK PROTECTION INC,, its agents, successors, assignee and employees.
  14. RATE INCREASE: THINK PROTECTION INC, agrees to fixing the subscriber into the agreed rate for the duration of the contractual agreement.
  15. ASSIGNMENT: This Agreement is not assignable by subscriber. THINK PROTECTION INC, shall have the right to assign this Agreement to any other person, firm or corporation without notice to the subscriber. THINK PROTECTION INC, shall have the further right to subcontract any installation and/or services, including, but not limited to, Monitoring Services which it may perform. Subscriber acknowledges that this Agreement, and particularly those paragraphs relating to THINK PROTECTION INC,’s limited liability, disclaimer or warranties and Third Party Indemnification, inure to the benefit of and are applicable to any assignees and/or subcontractors of THINK PROTECTION INC, and that they bind Subscriber with respect to said assignees and/or subcontractors with the same force and effect as they bind the subscriber to THINK PROTECTION INC,.
  16. SEVERABILITY: Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be prohibited by or invalid under applicable law, such provision will be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. THINK PROTECTION INC, installed equipment shall have a limited warranty of 1 year from date of contract.
  17. CHOICE OF LAW: This agreement shall be governed by and construed under the laws of the Province or State this agreement is signed in.
  18. THIRD PARTY INSTALLATIONS: If the equipment was not installed under the assistance of THINK PROTECTION INC, or a duly appointed subcontractor of THINK PROTECTION INC,, THINK PROTECTION INC, makes no warranty or representation that the equipment will function properly and THINK PROTECTION INC, reserves the right to terminate its obligations under this agreement at any time by written notice to subscriber.
  19. LIMITATION OF LIABILITY AND LIQUIDATED DAMAGES: It is understood and agreed that THINK PROTECTION INC, is not an insurer, that the Subscriber is obligated to obtain insurance covering personal injury, including death, and real or personal property loss or damage; and that the payments and charges provided for herein are based solely on the value of the Monitoring Services and Guard Response Service option, if applicable, as set forth herein and are unrelated to the value of the Monitored Location. Subscriber’s property or the property of others located at the Monitored Location. THINK PROTECTION INC, MAKES NO GUARANTEE OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, THAT THE MONITORING SERVICES AND GUARD RESPONSE SERVICE, IF APPLICABLE, OR ANY EQUIPMENT SUPPLIED, WILL AVERT OR PREVENT OCCURRENCES THEREFROM WHICH THE EQUIPMENT OR MONITORING SERVICES AND GUARD RESPONSE SERVICE IF APPLICABLE, ARE DESIGNED TO DETECT OR AVERT. The Subscriber acknowledges that it is impractical and extremely difficult to fix the actual damages, if any, which may result or proximately result from THINK PROTECTION INC,’s active or passive negligence, failure to perform any of the obligations herein, or failure of the equipment to properly operate with resulting loss to Subscriber because of, among other things (i) the uncertain amount of value of Subscriber’s property or the property of others kept at the Monitored Location which may be lost, stolen, destroyed, damaged or otherwise affected by occurrences which the Equipment or Monitoring Services or Guard Response Service if applicable, are designed to detect or avert; (ii) the uncertainty of the response time of any police or fire department be dispatched as a result of a signal being received or an audible device sounding; (iii) the inability to ascertain what portion, if any of any loss would be proximately caused by THINK PROTECTION INC,’s failure to perform or by failure of its Equipment to operate; and (iv) the nature of the Monitoring Services to be performed by THINK PROTECTION INC,.
  20. The Subscriber understands and agrees that if THINK PROTECTION INC, should be found liable for loss or damage to any persons or property, due to acts, errors, or omissions which occur prior to, contemporaneously with or subsequent to the execution of the Agreement, irrespective of cause, whether such liability is due to the active or passive, sole, joint or several negligence of THINK PROTECTION INC,, its officers, agents, servants, employees, suppliers subcontractors, and/or assignee in performing or properly performing any of the obligations herein, including but not limited to (i) repair, installation, monitoring or other services;(ii) the failure of the system or Equipment in any respect whatsoever; or (iii) otherwise, THE LIABILITY OF THINK PROTECTION INC, SHALL BE LIMITED TO $200.00, and this liability as herein set forth is fixed as liquidated damages and not as a penalty, and this liability shall be complete and exclusive and shall survive the termination or expiration of the Agreement.
  21. The Subscriber hereby releases THINK PROTECTION INC,, its officers, agents, servants, employees, subcontractors, and/or assignee from any liability, including but not limited to, death or personal injury or any persons or for damage to property of any persons, by virtue of this Agreement or the relationship hereby established to the extent that such liability exceeds $200.00 in the aggregate, whether such liability arises in contract, tort or equity, whether such liability is due to the design, side lease, installation, repair or monitoring of any systems, the dispatch of individuals to the premises, the failure or faulty operation of any Equipment, the active or passive, sole, joint or overall negligence of THINK PROTECTION INC,, its officers, agents, servants, employees, suppliers, subcontractors and/or assignee, and/or loss or damage to facilities necessary to operate the Equipment or the Monitoring Station, or otherwise. The foregoing release shall survive the termination or expiration of this Agreement. THINK PROTECTION INC, assumes no responsibility for any losses in excess of such amount.
  22. WARRANTY: is provided on all alarm equipment supplied and installed by THINK PROTECTION INC, for the length of the contract. This warranty is 3 years from the date of purchase. Camera warranty is for 1 year effective start date of your contract. If equipment is damage beyond everyday wear the customer will incur all costs associated to replacing the damage item.
  23. CANCELLATION TERMS: By agreeing to this contract the subscribers agrees to a 12 month term where the subscriber is reasonable for paying an upfront fee and a monthly monitoring charge. In the event the subscriber chooses to cancel during their contractual term, the subscriber is responsible for paying out the remaining balance of their term. In the event the customer defaults on their monthly monitoring they will have 21 days to provide THINK PROTECTION INC, an updated method of payment. If no payment method has been updated THINK PROTECTION INC, reserves the right to terminate the monitoring and engage a Third Party collection agency to retrieve the remaining balance of your term.
  24. The subscriber authorizes THINK PROTECTION INC, and its agents or assigns to exchange personal information as required with credit bureaus and permits such organizations to verify your personal information in order to protect you, ensure the completeness of the information and maintain the integrity of the credit granting system, and to co-operate with local, provincial/state and federal authorities in investigation of unlawful or improper activities in order to protect you and THINK PROTECTION INC, from fraudulent transactions.