Northwood InTouch Monitoring Service Agreement – Terms and Conditions

This is an agreement between the Subscriber(s)/Substitute Decision Maker (SDM) and Northwood Support Services Inc. whereby Northwood Support Services Inc. agrees to install and maintain a personal emergency response monitoring system (the Equipment) at the Subscriber’s Address and to provide monitoring and personal emergency response services under the terms and conditions set out on the reverse.

From time to time Northwood sends out information on various programs and services.  If you do not wish to receive these mailings please contact Northwood Intouch at (902) 492-3346 or 1-800-461-3346.

Capitalized terms used but not defined herein shall have the meanings ascribed thereto at the top of this Agreement.

FEE: Subscriber will pay a monthly fee for monitoring services at Northwood’s prevailing rate.  Subscriber agrees to pay the installation fee.

Northwood will give Subscriber 30 days notice of any rate change. Invoices are due upon receipt and interest will be charged at the rate of 2% per month (24% per year) on overdue accounts.

TERMS: This Agreement is for the Initial Term beginning on the Installation Date, and will be automatically renewed on a monthly basis. Either party may terminate this Agreement on the last day of the month. Following the Initial Term, either party may terminate this Agreement by the end of any calendar month (the “Termination Date”). Northwood agrees to refund the whole or any portion of any pre-paid fees paid in respect of a period subsequent to the Termination Date. Subscriber must pay all outstanding charges (including monthly monitoring fees) up to the end of the month prior to the Termination Date. Northwood may terminate this Agreement at any time upon 7 days notice if Subscriber is in breach of this Agreement.

NORTHWOOD’S DUTIES: Northwood Support Services Inc. will use reasonable commercial efforts to monitor the Equipment on a 24 hour per day, 7 days per week basis. If Northwood receives an emergency signal from the Equipment, Northwood will use its reasonable commercial  efforts to promptly notify the appropriate Police, Ambulance, Fire Department, or other persons or entities (collectively, the “Responders”) designated by Subscriber on Subscriber’s Care Plan as same may be changed from time to time upon written notification by Subscriber to Northwood.

In the case of the Reminder Features Equipment, Northwood will use its reasonable commercial efforts to notify the contact (the “Reminder Contact”), designated by Subscriber on Subscriber’s Care Plan as same may be changed from time to time upon written notification by Subscriber to Northwood.

SUBSCRIBER’S DUTIES: Subscriber will test the Equipment monthly using the method described by Northwood to Subscriber (the “Instructions”). If there are any problems with the Equipment, Subscriber will notify Northwood immediately. Northwood will deem the equipment to be in proper working order if the Subscriber fails to notify Northwood.  Subscriber is responsible for programming reminder notices and for determining whether a particular reminder is critical and should generate a “missed critical reminder signal” to the Response Centre.

Subscriber shall promptly notify Northwood of any changes to their records or Care Plan. Northwood will deem all records are accurate if the Subscriber fails to notify Northwood.  Subscriber recognizes that there may be a lapse in monitoring as a result of a change in address or Subscriber’s telephone number. Subscriber acknowledges that in the event a telephone in the residence is in use at the time the Equipment has been triggered, the signal will not be transmitted to Northwood. To avoid such non-transmission of a signal, it is Subscriber’s duty to arrange for their telephone company to install a CA38A or RJ31X (“line seizure”) telephone jack.  If they don’t contact Northwood we will deem this that the equipment is in working order.

Subscriber acknowledges that the information provided on this form and the Care Plan will be used by Northwood to provide monitoring services and administer Subscriber’s account and that from time to time Northwood may collect additional personal information for these purposes. Subscriber’s personal information may be disclosed to health care professionals, emergency response personnel, and those individuals identified by Subscriber as Responders and Next of Kin, or as otherwise required or permitted by law.  Subscriber’s personal information shall not be disclosed to anyone other than the persons identified herein except upon the prior consent of Subscriber.  Subscriber acknowledges and accepts that Northwood may record telephone calls for quality management purposes.  The information will be used and protected in accordance with Northwood’s privacy policy.  Northwood uses and maintains the information it collects in accordance with the relevant policies and legislation.

Subscriber is responsible for: ensuring the Equipment is provided with necessary electrical and telephone service; government or municipal charges relating to the use or monitoring of the Equipment or to emergency responses; charges of emergency services or agencies or other persons responding to emergency signals (or failure of Subscriber to respond to attempts to contact Subscriber), and all other charges resulting from uses and/or monitoring of the Equipment.

EQUIPMENT: Subscriber is responsible for any loss or damage to the Equipment (including damage) according to Northwood’s cost to that equipment.

Except as otherwise provided, Northwood retains and reserves all property and title to and absolute ownership of the Equipment. The Equipment may not be sold, loaned, leased or given to anyone by Subscriber. Subscriber shall immediately return the Equipment to Northwood upon any termination of this Agreement in good condition save and except for reasonable wear and tear. Alternatively, Subscriber will permit Northwood access to Subscriber’s premises to remove the Equipment. Subscriber will not damage or misuse the Equipment or do anything which might affect the performance of the Equipment. The Equipment may not be serviced without Northwood’s prior written consent. Subscriber will permit Northwood or the Program access to the Equipment for inspection and maintenance upon request.

Subscriber will ensure that the Equipment is cared for, tested, and used in strict compliance with the Instructions. Subscriber will maintain any markings placed on the Equipment

LIMITATIONS: Northwood must rely upon telephone lines to receive signals from the Equipment and to perform its monitoring services. If there are any problems with the telephone network or with Subscriber’s telephone line, Northwood will not be able to monitor the Equipment and will not know whether the Equipment has been triggered. Northwood has no obligation to perform monitoring services at any time when it is unable to receive telephone signals because of any problems with the telephone network, with Subscriber’s telephone line, or with any equipment not supplied by Northwood. Northwood cannot properly perform its services if it is not informed of any change in the address or telephone number(s) or emergency contact(s). Northwood is not liable for any delays or other problems resulting from incorrect information or for any other reason.

INTERRUPTION OF SERVICENorthwood assumes no liability for interruption of monitoring services due to strikes, riots, floods, storms, earthquakes, fires, power failures, interruption of telephone service, acts of God, or any other cause beyond Northwood’s control including, without limitation, the activities of Subscriber or any third party or the damage or destruction of Northwood’s Response Centre, Subscriber’s premises or the Equipment. Northwood will not be required to supply monitoring services to Subscriber during the interruption of service due to any such causes and has no obligation to rebate any pre-paid fees.

FORCED ENTRY: Subscriber understands and agrees that if an emergency signal is received and if Responders or emergency authorities are sent, forced entry may be necessary to respond appropriately to the emergency.  Subscriber shall indemnify, hold harmless and defend any such Responder, emergency authority, Northwood and/or Armstrong against all claims, suits, damages or costs resulting from such forced entry.

INDEMNIFICATION: Subscriber shall indemnify, defend and hold Northwood and our employees or agents harmless against any and all third party claims (including without limitation claims by Responders and/or Reminder Contact s, other emergency personnel and persons whose property is in the custody of Subscriber), regardless of cause, including Northwood’s performance, or negligent performance or failure to perform, and  including defects in installation, service operation or non-operation of the Equipment.

WARRANTIES AND DISCLAIMER: There is no representation, warranty, condition, right or remedy, written or oral, express or implied, statutory or otherwise, given or authorized by Northwood with respect to the Equipment including, without limitation, a warranty as to merchantable quality, fitness for purpose or performance of the Equipment.

It is understood and agreed by the parties hereto that Northwood is not an insurer and that insurance, if any, covering loss of life, personal injury and property loss or damage on Subscriber’s premises shall be obtained by Subscriber; that Northwood is being paid to monitor a system designed to reduce certain risks of loss and that the amounts being charged by Northwood are not sufficient to guarantee that no loss will occur;   Northwood is not assuming responsibilities for any loss which may occur even if due to Northwood’s negligent performance or failure to perform any obligation under this Agreement. Subscriber assumes all risk of loss or damage to premises or the contents thereof, or loss of life or personal injury.  Subscriber has read and understands all of the Agreement.

LIABILITYNORTHWOOD IS NOT LIABLE FOR ANY DELAY IN RESPONSE TIME OR NON-RESPONSE TO A SIGNAL FROM THE EQUIPMENT, ITS ONLY OBLIGATION UNDER THIS AGREEMENT BEING TO USE REASONABLE COMMERCIAL EFFORTS TO MONITOR THE EQUIPMENT AND TO ATTEMPT TO CONTACT THE RESPONDERS AND/OR REMINDER CONTACT(S) OR ALTERNATE EMERGENCY RESPONSE SERVICES IN THE EVENT OF AN EMERGENCY SIGNAL. NORTHWOOD, ITS EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR PERSONAL INJURY, PROPERTY DAMAGE OR ANY SPECIAL OR CONSEQUENTIAL DAMAGE OR FOR THE NATURE OF ANY RESPONSE TO ITS CALL(S). NORTHWOOD WILL NOT BE LIABLE FOR ANY CHARGES OF EMERGENCY SERVICES OR OTHER AGENCIES, OR FOR ANY TELEPHONE COMPANY SERVICE CHARGES.  THE PROGRAM OR NORTHWOOD DOES NOT WARRANT THAT THE MONITORING OF THE EQUIPMENT MIGHT PREVENT ANY LOSS OR DAMAGE, OR THAT THE SYSTEM INSTALLED BY NORTHWOOD OR SERVICE SUPPLIED BY NORTHWOOD MAY NOT BE COMPROMISED OR THAT THE SERVICES WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT IS INTENDED.

ENTIRE AGREEMENT/MODIFICATION: This Agreement constitutes the entire agreement between Subscriber and Northwood. No person installing, servicing or otherwise dealing with the Equipment is or shall be authorized to act in Northwood’s name or on its behalf or to bind Northwood in any way. This Agreement supersedes all prior representations, understandings or agreements of the parties. This Agreement may be modified only by writing signed by both parties. The parties agree that this Agreement is to be governed by the laws of the province in which Subscriber resides.

SEVERABILITY: The provisions of this agreement obligate the parties only to the extent that such provisions are lawful. If any provisions of this Agreement shall be found to be invalid or unenforceable, the invalidity or unenforceability of such provisions shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.

LANGUAGE: It is the express wish of the parties that this document be written in English. Les parties aux présentes ont expressément demandé que ce document soit redigé en Anglais.      

CONFIDENTIALITY/CONSENT: Northwood Intouch would like to ensure that all of our subscriber’s personal information is kept in confidence and that only the persons that you designate can access your personal file. Signing this agreement means you consent to your Next of Kin(s), Power of Attorney, Substitute Decision Maker and responders to make changes to their own contact information. You also consent to your Next of Kin, POA or SDM to make changes to your contact information and to obtain details on your alarm history if deemed necessary. If you do not consent to this or have preferences in relation to who can access information on your personal file, it is important to contact Northwood Intouch directly and this will be noted on your file.