Alarm Monitoring Agreement

DESCRIPTION OF SERVICES PROVIDED

Allfine Security, a Division of Faiel Industries Inc (The Company) agrees to arrange for The  Alarm Customer (The Subscriber) an alarm monitoring service on behalf of Allfine Security  and its partners (Alarm Monitoring Stations). The Company’s sole and exclusive obligations  hereunder are to monitor signals received by means of the alarm system and upon receipt  of any such signals to make every reasonable eƯort to transmit by telephone, radio or  internet notification of the alarm promptly to police, fire, or other authority or such persons  whose names and telephone numbers are set forth in the Monitoring Details provided in  writing by The Subscriber (as same may be changed by The subscriber or Allfine Security  and acknowledged by The Company from time to time), unless there is reasonable cause  for The Company to assume that emergency conditions do not exist at the premises  (including but not limited to storms, power outages). The initial term of this agreement is as  described and agreed upon on the original alarm agreement. The initial term commences  on the date the services become operational. The Subscriber agrees that at the completion  of the initial term, this contract shall automatically renew itself year to year with the same  term and conditions. The Company reserves the right to make reasonable rate adjustments  at the request of our monitoring stations. The Subscriber agrees to notify its insurers upon  any termination of this agreement. The Subscriber acknowledges that upon termination,  Allfine Security shall have the right to create an order to enter the premises upon  reasonable notice to The Subscriber to reprogram the automatic dialing device so as to  prevent The Company’s monitoring station from receiving any further alarm signals. This  order may, at Allfine Security’s discretion, be billable to the Subscriber.

COMMENCEMENTS

This Security Services Agreement, and any annual term specified shall be deemed to  commence on the date that Allfine Security advises that the Monitoring Stations are  conducting alarm monitoring of the premises.

CANCELLATION BY CUSTOMER

The Subscriber may cancel the monitoring services for additional terms, by providing at  least 30 days’ written notice prior to the commencement of any automatic contract  renewal period.

Programming: Upon termination of this Agreement Allfine Security shall be permitted to  remotely delete programming and Allfine shall not be required to service the system, and

may order the termination of any central oƯice monitoring or other services, and The  Subscriber shall remain liable for all payments called for herein for the remaining balance  of the contract term.

Security Interest. The Company shall have the right of access to the premisses for the  purposes of removing any components belonging to Allfine Security, notwithstanding that it  may be attached to a building, and the Company shall not be responsible for any  consequences resulting from such removal. The Subscriber hereby grants to the Company  a security interest under the Personal Property Security Axt in the equipment installed until  payment in full is received. Any control panels, keypads or communication devices  installed belong to Allfine Security, which shall have the right to remove same or to  deprogram communication, at any time when the Company’s monitoring service is  discontinued. Allfine Security has the right to reclaim any warning decals and yard signs  bearing the Company’s trademark name and logo Allfine Security. In the event that access  is denied the Subscriber shall be liable to the Company for current retail value of replacing  such system as well as any other related costs or damages.

EARLY TERMINATION

Should The Subscriber terminate this agreement prior to its end date, The Company may at  its discretion, invoice The Subscriber an early contract termination fee. This fee shall not  exceed the number of months remaining unfulfilled on the contract multiplied by the  current monthly rate being paid by the Subscriber.

RESPONSIBILITIES OF THE ALARM CUSTOMER

The Subscriber shall under no circumstances discriminate in any way against The  Company’s employees nor shall it or any person associated with its account be verbally  abusive in any way towards The Company’s employees at any time. If events such as these  arise, The Company shall, at its absolute discretion, have the right to terminate the  Agreement with immediate eƯect

Fees: Subscriber will pay any Village or Municipal permits or license fees as may be  required.

Access: Where Allfine Security installs or services the system referred to in this agreement,  in order to enable the installation and operation of the system, the Subscriber shall be,  responsible for providing the following at own expense:

1. a) Access to the Company, its employees, agents or contractors, to the premises  during Company’s normal business hours and at such other times as may be agreed  upon
2. b) Continual electric supply to the system in accordance with the manufacturer’s  specifications as they may be amended from time to time by the Company  c) Monthly testing of the system (or more often) and prompt notice to the Company  should any defects be found in the course of such testing. Testing is to be done in  accordance with the manufacturer’s specifications, or as otherwise specified by  Company.
3. d) Insurance coverage for the equipment for such risks as may be and are normally  covered including protections against the usual insurable risks including fire,  elements, acts of God, tampering and misuse
4. e) Proper maintenance and repair to all doors, windows and other portions of the  premises
5. f) For installation purposes, lifting and replacing of carpeting if required by the  Company, repairs and replacements to walls, window frames and other parts of the  premises and remove by the Subscriber of any fixtures, equipment or furnishings  which may interfere with wiring and installation of the equipment provided  g) Safekeeping of all premises and goods during installation

Communication; It is the responsibility of the Subscriber to restore communication to  their phone lines or internet service in the event of a disruption or outage out of the control  of Allfine Security

False alarms:  

Subscriber agrees to assume all responsibility for any false alarms or false signal given by  the alarm system. Subscriber will indemnify, pay and defend Allfine Security and the  monitoring station and hold each of them harmless from and against any responsibility or  liability for payment of false alarm fines, penalties, charges, taxes, fees, assessments or  levies. In addition, the Subscriber agrees to pay any of the above amounts that are imposed  by any government body (including the police and the fire department) relating to the

service provided under this agreement and to pay any increase in charges to Allfine  Security for facilities required for transmission of signals under this agreement.

Police and Guard Response Rates

**additional $25.00 + hst administrative fee is added to each false alarm charge on our  invoices

THE HARDWARE

The monitoring equipment at Subscriber’s premises may or may not be the property of  Allfine Security and said system is to be kept in working order by Subscriber. Allfine Security  cannot be responsible at any time for its working condition or any failure of same and  therefore the sole duty of Allfine Security is to provide said services at the Monitoring  Station and to make sure that the Monitoring Station is and remains in proper working  order.

The Subscriber shall be responsible for the testing of all equipment utilized on the  Subscriber’s premises and agrees that such equipment shall be tested regularly and in  accordance with the manufacturer’s recommendations and the authority having  jurisdiction. Under no circumstances shall Allfine Security be responsible or liable for  malfunctions of, or relating to, any system on the Subscriber’s premises.

Condition of Equipment. The Customer shall maintain the Equipment in good working  order. If components of the Equipment are battery operated, the Subscriber will have to  replace same according to the The Company’s or his/her representatives’  recommendations. The Subscriber accepts the full and entire responsibility for frequently  verifying the operating condition of the Equipment

No Modification of Equipment. The Subscriber shall ensure that the premises monitored  by the Equipment is well maintained and allow the Equipment to adequately operate and  shall advise the Allfine Security in writing of any changes to the configuration of such  premises. The Subscriber undertakes to not modify or replace the Equipment or any  component thereof nor connect or have any other equipment connected to the equipment

already in place so as not to impede the correct operation of the Equipment. The  Subscriber undertakes to preserve the identification plates and any other markings on any  Equipment. If the Subscriber moves, he/she remains entirely responsible for the  equipment and for his contractual commitment. The Subscriber is responsible for  informing Allfine Security of his/her move by registered mail and for supplying the date and  address for the purpose of reinstalling the Equipment

Smoke and Fire Detectors:  

Any Fire Detection equipment included in the system is supplementary and simply for  peace-of-mind of the Subscriber, and does not constitute a certified Fire Alarm system that  meets or exceeds ULC and/or Local Provincial Fire Code. The subscriber should regularly  and thoroughly inspect the A/C powered smoke detectors for dirt/dust build-up and test  them at least once per month to help maintain continued operability.

Remote Monitoring Services. The Equipment for Remote Monitoring Services includes a  communicator that sends signals to the Monitoring Station over the Subscriber’s regular  telephone service. The Subscriber will pay for all telephone charges including any  installation or repair fee charged by telephone company for a special jack to connect the  system to the Subscriber’s telephone service. Allfine Security recommends the use of a  CA38A or equivalent telephone jack to give the system priority over other telephones in the  Customer’s home; however, when the Equipment is activated, the Subscriber will be  unable to use the Subscriber’s telephone to make other calls such as calls to the  emergency 911 operator. Therefore, Subscriber may wish to have the system connected to  a separate telephone line. If the Subscriber’s telephone is out of order, placed on vacation  status or otherwise not working, signals cannot be transmitted and the monitoring station  may be unaware of the telephone service problem. The Subscriber acknowledges that if  he/she replaces its existing telephone service with any form of internet protocol telephony  service (i.e. voice over internet protocol telephony or “VOIP”) an alarm signal will not reach  the Monitoring Station. The Subscriber acknowledges that if the Equipment uses a digital  communication with the Monitoring Station, the Equipment may not be able to transmit  alarm signals to the Monitoring Station through VoIP without further modification. The  Subscriber will notify Allfine Security of such a telephone service replacement for the  purpose of scheduling an inspection and modification of the Equipment. Additional  equipment such as, but not limited to, an Internet Protocol Monitoring Device (IPMD) will

be installed as needed in the Equipment during the modification to enable the Equipment  to communicate to the Monitoring Station. All modification work will be performed on a  time and material basis at the Subscriber’s expense. The Subscriber acknowledges that  failing to notify Allfine Security of any such replacement of its existing telephone service  with any form of VoIP may result in the loss of alarm signals and the disruption of  monitoring services, through no fault of Allfine Security. The Subscriber acknowledges that  the use of internet can cause signals not to transmit in the event of a power or modem  failure. If radio or cellular monitoring service is selected by the Subscriber, the Allfine  Security will utilize a radio frequency for transmitting alarm signals from the system to the  Monitoring Station. The Subscriber acknowledges that the use of radio frequencies are  controlled by the Canadian Radio-Television and Telecommunications Commission and  local regulatory agencies and changes in rules, regulations and policies may necessitate  discontinuing or modifying such transmission facilities. The Subscriber further  acknowledges that radio frequency transmissions may be impaired or interrupted by  atmospheric conditions, including electrical storms, power failures or other conditions and  events beyond the Allfine Security’s control.

COMMUNICATION DISCLOSURE

Alarms generally communicate to the central monitoring station through your premise  telephone line, GSM radio or internet. If for any reason your telephone line or internet is not  functioning (telephone company technical problems, somebody cuts the line) the alarm  will not be able to communicate to the monitoring station. Other technologies, such as  cellular communicators, can be used to monitor alarms. They have some risk of failure as  well. As a result of these potential failures, Allfine Security recommends two  communication paths (i.e.: phone and cellular) to greatly reduce the risk of signal  communication failures.

It is the Subscriber’s responsibility and it is encouraged to select a phone and/or internet  provide that provides adequate stand-by power and twenty four hour support. Where your  service provider requires that your connection be verified authenticated or “logged on” it  will be your responsibility.

Internet may fail and Subscriber is advised that a failure to communicate may occur for any  numbers of reasons including but not limited to;

1. Intentional cutting or severing of communication cables entering your premise  2. Loss of electrical power and subsequent failure or depletion of standby power
2. Failure of your modem, hub, router, switch or other equipment in the internet path  within your premise
3. A failure of malfunction of an internet service provider or their facilities, any other  failure beyond the control of Allfine Security

VIDEO MONITORING

The video system to be used by the Subscriber (Video System) is intended to produce and  transmit to the Monitoring Station video images (Video System Images) of Subscribers  premise along with attendant burglary digital alarm signal(s). Allfine Security makes no  promise, warranty or representation that the video system will operate as intended or that  either Video Images will be received or transmitted by the Monitoring Station.

The Subscriber and Company agree that the Video System related camera will be  positioned and located such that it will only produce or capture Video System Images of  areas of the Subscribers premises.

The Subscriber shall be solely responsible for the Video System Images produced or  captured by the Video System and Subscriber shall defend, indemnify and hold Allfine  Security harmless in connection with the use, operation, location and position of the Video  System, and the Video System Images resulting therefrom, including, but not limited to,  any claims of any person depicted in a Video System image, including but not limited to,  any claim by such person that his or her privacy has been invaded or intruded upon or his  or her likeness has been misappropriated. Any duty to obtain the consent or permission of  any person depicted in a Video System Image to have his or her likeness to be depicted,  received, transmitted or otherwise used, and the duty to determine and comply with any  and all applicable laws, regulations, standards and other obligations that govern the legal,  proper and ethical use of video capturing devices, such as the Video System, including, but  not limited to, notification that the Video System is in use at the Subscribers premise, be  the sole responsibility of the Subscriber.

Allfine Security shall have no liability for any lost, discarded or damaged Video System  Images, or the quality thereof, and Allfine Security makes no promise , warranty or  representation as to the length of time that it retain Video Images, or the quality thereof.

The Subscriber shall not request to receive any Video Images from the Monitoring Station.

The Subscriber agrees that, notwithstanding any role or participation by the Monitoring  Station shall be to monitor the digital signals actually received by the Monitoring Station

from means of the Video System and upon receipt of a digital signal indicating that an  alarm condition exists, to make every reasonable as permitted by law to transmit  notification of the digital alarm signal promptly to the police or other municipal authority  deemed appropriate in the Monitoring Station’s absolute discretion and to such persons  Subscriber has designated to receive notification of such alarm condition. Allfine Security  shall have no liability in connection with Video System or the Video System Images,  including, but not limited to, any failure, omission, negligence or other

act by the Monitoring Station , or any of its oƯicers, employees, representatives, agents or  contractors, in connection with the receipt, transmission, reading, interpreting, or  response to any Video Image.

Video/Still-Imaging Service. The “Video/Still-Imaging Service” allows us to monitor portions  of the Premises over the internet via video, control certain video components of the  System, set alerts and recording preferences, and upload and store videos and pictures  within the capacity limitations that the Subscriber purchased. The Subscriber must have  broadband internet service at the Premises to receive the Video/Still-Imaging Service. You  authorize Allfine Security and our Monitoring Station to record and maintain audio, video  and still-image transmissions, data and communications. Allfine Security or the Monitoring  Station shall be the exclusive owner of such property. Neither Allfine Security nor the  Monitoring Station makes any representation or warranty regarding the quality of the  pictures or videos that the Video/Still-Imaging Service transmits, captures or stores.  Neither Allfine Security nor any Monitoring Station is responsible for the loss, failure to  record, backup or restoration of videos or pictures.

You agree that You will install, or direct Allfine Security to install, video and still imaging  camera(s) only in legally permissible locations on the Premises and that You and the  System will not video or photograph images in locations where there is or may be an  expectation of privacy.

LIMITATION OF LIABILITY

The Subscriber agrees that The Company, owners, their agents, employees and its  monitoring stations are not insurers and that neither assumes any risk of any damage, loss  or injury that may result upon the failure of the alarm system to operate or from the failure  of any monitoring of alarm signals to respond to same, in both events, for any reason  whatsoever. The Subscriber also agrees that the system can fail for reasons beyond the  control of The Company and monitoring stations or response from the municipal  authorities or designated contacts can be slow or ineƯectual. As such this system is a  deterrent and does not provide complete or unlimited protection or protection in lieu of  insurance coverage. The Subscriber’s payment to The Company is for monitoring service  only and not for protection or insurance. In the event of any loss or damage for any reason  whatsoever The Subscriber’s sources of reimbursement are his/her own resources or  property and liability insurers. The failure of the system to function or for the recipient of  any alarm signal to react properly, for any reason whatsoever (including The Company’s, or  Monitoring Stations, or their agents’ or Contractors’ negligence or gross negligence or  substantial or fundamental breach of this agreement), shall not give rise to any liability, for  breach of contract, tort or otherwise on The Company or its Monitoring Station’s part  except to return to The Subscriber’s payment of a reasonable value of its monitoring  services not performed fixed at and limited to the return of not more than $5000.00 CAD or  than the annual monitoring service fee in the year in which any such loss occurs or in the  case of any equipment failure to the return of the market value of such equipment at the  time of loss which the parties agree constitutes a genuine pre-estimate of The Subscriber’s  potential damages and is therefore agreed by, The Company, Monitoring Station and The  Subscriber to be liquidated damages. Any action by the Subscriber against the Company or  its Monitoring Stations must be commenced within one year of the accrual of the cause of  action or shall be barred.

THE COMPANY AND ITS MONITORING STATIONS WILL NOT BE LIABLE UNDER ANY  CIRCUMSTANCES, FOR ANY LOST PROFIT, ECONOMIC OR CONSEQUENTIAL DAMAGE  OR FOR ANY CLAIM OR DEMAND AGAINST THE SUBSCIBER BY ANY OTHER PERSON.  THE SUBSCIBER ACKNOWLEDGES THAT AT THE TIME OF MAKING OF THIS AGREEMENT  OR PRIOR THERETO, THE COMPANY HAS NOT BEEN ADVISED OF THE POSSIBILITY OF  SUCH LOSS OR DAMAGE OCCURRING.

Without limiting the generality of the foregoing in no circumstances shall The Company or  its Monitoring Stations be responsible for any loss, damage, costs or expense suƯered by  The Subscriber or any person claiming through him on account of nor does any warranty  given by The Company or its Monitoring Stations cover any of the following;

(a) any error or omission in doing any act or providing any goods or services required to be  done or provided by The Subscriber; (b) damage to the equipment or any part of it, by  reason of any action or omission of The Subscriber or his/ her employees, servants, agents  or contractors or by reason of any environmental condition including but not limited to fire,  water; wind, lightning or any-other element & any other act of God, fire, explosion, misuse,  tampering, vandalism, water, steam or any other peril for which The Subscriber has  insurance or which is usually insured by owners or premises similar to those of The  Subscriber or any other cause beyond the control of The Company and/or its Monitoring  Stations; (c) any false alarm assessment, tax, fee or other charge that has or may be  imposed or authorized by any government body relating to the installation or service  provided under this agreement or any refusal to respond, cancellation, or suspension by  any police, fire, ambulance or other law enforcement agency; (d) power failure, power  surges, or variance or failure of telephone transmission lines or equipment; (e) tampering  or attempted Service to any part of the equipment, addition of equipment or other alarm  monitoring systems by any person not authorized in writing by The Company; (f) misuses or  malfunctions of parts of the equipment not serviced by The Company; (g) failure of The  Subscriber to properly arm the alarm system or any part thereof, or to properly close doors,  windows or other protected points or to test and replace batteries as required; (h) changes  to the premises as a result of renovation, construction, decoration or other alteration,  storage of goods or lack of maintenance which may aƯect the performance of the alarm  system or any part thereof; (i) any delay in obtaining replacement parts from any  manufacturer or supplier thereof; (j) any delay in providing any goods or services for any  reason beyond the control of The Company and; (k) charges for service calls prompted as a  result of any of the foregoing.

INDEMNIFY AND HOLD HARMLESS

The Subscriber agrees to indemnify the Company and to hold the Company harmless from  and against any claims or demands which may be asserted against the Company.

Contract Documents notwithstanding, in no event shall Allfine Security be liable for  special, indirect, incidental or consequential damages, including commercial loss, loss of use, or lost profits, even if any party hereto has been advised of the possibility of such  damages.

Force Majeure. The Company shall not be liable for failure to perform any of its obligations  hereunder if such failure is caused by events outside its reasonable control, including  without limitation, acts of God, war, acts of terrorism or natural disasters. The Company  shall use commercially reasonable eƯorts to recommence performance as soon as  reasonably possible.

SIGNALS

Subscriber system with passive alarms may generate up to 4 signals per month. Alarm  Customers system with signal logging may generate up to 75 signals per month. Excessive  signals from the Subscriber’s alarm may result in additional charges on a per signal basis.

BINDING EFFECT OF DOCUMENT

This document when signed by The Subscriber and accepted by The Company shall  constitute a binding contract for monitoring services described.

SUSPENSION OR CANCELLATION OF MONITORING SERVICES

If The Company’s alarm monitoring system is destroyed, damaged, or ceases operation for  any cause, or if, due to the Subscriber acts or omissions, (including failure to follow The  Company’s recommendations for use and testing, repairs or replacement of the system or  any part thereof) it is impracticable in The Company’s sole opinion to continue service then  The Company may cancel monitoring service without notice and it shall not be liable for  any damages as a result of terminating such services except for a refund of any fees paid  for any period after the date of cancellation.

SUSPENSION OR CANCELLATION BY POLICE AGENCIES

If local police, fire or ambulance authorities refuse to respond to calls pertaining to The  Subscriber or any location serviced by The Company or suspends response for any reason  including but not limited to excessive numbers of false alarms, regardless of source; this  agreement shall not be terminated or suspended but The Company shall continue to  provide monitoring services and shall, in response to alarm signals, notify The Subscriber’s  private security service or other person designated, if any. The Company shall bear no  liability for false alarm fines regardless of cause.

SUSPENSION OR CANCELLATION FOR NON PAYMENT

The Company may forthwith suspend or cancel monitoring service without notice if any  payment is overdue or any cheque is not honoured, in addition to any other right or remedy  it may have.

COLLECTION COSTS

Should the Subscriber default on this agreement or not pay for services, The Company  reserves the right to send the account to a third party for collection. It is understood and  agreed that The Company may do so for the entire amount remaining on the contract plus  any collection costs it will incur in the process.

WARRANTY

Any part of the installed equipment or system including wiring which is found defective in  material or workmanship within (one year) 365 days from date of new installation will be  repaired or replaced, at the sole discretion of Allfine Security, with a new or functionally  operative part. Any warranty does not cover batteries.

If the Subscriber has purchased an extended warranty from Allfine Security then the  aforementioned warranty period is for the duration of this agreement. This warranty does  not apply where the defect(s) is (are) caused by: (a) damage resulting from accidents, riots,  floods, fire, strikes, acts of nature, alterations, misuse, abuse or tampering with equipment  or programming; (b) failure of the Subscriber to properly follow operating instructions  provided by Allfine Security and the manufacturer at the time of installation or afterwards;

(c) failure of the Subscriber to regularly test and maintain the system; (d) physical alteration  made by the Subscriber to its premises eƯecting the equipment, wiring, or piping; (e)  electrical power interruption (either complete loss-‘blackout’ or partial loss-‘brownout’),  voltage fluctuations (power ‘surges’), or (f) breakage or damage occurring to the  Subscriber’s existing structures, fixtures or chattels during the installation due to design  weakness, substandard quality material, or improper installation of existing structure,  fixture, or chattel, which is not known to Allfine Security at the time of execution of this  agreement. Batteries are not warranted. For repair and replacement work not covered by  warranty, Allfine Security will provide the Subscriber with repairs and parts replacement of  the equipment at the Company’s then prevailing prices and terms. The same applies to  repair and replacement work after the expiry of the warranty period. Any repair and  replacement service (whether covered by warranty or not), and any maintenance or other  service, MUST FIRST BE SCHEDULED with and by Allfine Security during its normal working  hours (as defined above) AND WILL BE PERFORMED AT THE CUSTOMER’S PREMISES  DURING ALLFINE SECURITY’S normal working hours.

The Company reserves the right to install substitute components of equal quality in its  reasonable opinion. Any defective systems or components there of shall be repaired or  replaced at the Company’s expense and no other reimbursement for losses, costs or  damages shall be payable to the Subscriber. A service charge at the Company’s prevailing  rates at the time of service shall be made if the cause of the service call is not covered by  the above warranty. It in its sole discretion the Company deems it necessary to remove the  equipment or parts thereof to its premises for repairs, it shall endeavor to provide a  replacement part or parts in order to permit the Subscriber’s system to function but does  not guarantee that this can be done in all cases. The within warranty sis the sole warranty  given by the Company to the Subscriber and all other statutory or other warranties, express  or implied, are hereby expressly excluded.

THE SUBSCRIBER EXPRESSLY AGREES THAT THERE IS NO WARRANTY GIVEN BY THE  COMPANY AS TO FITNESS OF THE ALARM SYSTEM OR MONITORING SERVICES FOR ANY  PARTICILAR PURPOSE AND FURTHER THAT SUBSCRIBER HAS NOT ADVIED OR MADE  KNOW TO THE COMPANY ANY PARTIFCULAR LOSS OR DAMAGE THEY MAY SUFFER OR  INCUR AS A RESULT OF FAILERE OF THE COMPOANY TO PERFORM ANY OF ITS  OBLIGATIONS.

Third party involvements be it programming or physical connections or tampering will voice  all warranties and Allfine Security will not be responsible for any loss or system failures.

Customer’s Warranties:  

The Subscriber warrants to Allfine Security that the Subscriber: (1) has requested the  equipment/services specified in this agreement for his/her/their own use and not for the  benefit of a third party; (2) owns the premises in which the equipment is being installed or  that the Subscriber has all necessary and proper (legal) authority and consents [of the  owner or landlord or property manager] to engage Allfine Security to carry out the  installation of the alarm system on and in the premises; and, (3) will comply with all laws,  regulations, and codes pertaining to the installation and use of the equipment/services  including any condominium or townhouse by-laws and rules (as the case maybe); (4)  Subscriber will test alarm system and alarm communication equipment on a monthly  basis with our monitoring station to ensure alarm signals are received.

Service Hours:  

A Service representative will be dispatched only between the Company’s business hours of  9am EST and 5pm EST Monday through Friday. Saturday, Sunday and Holidays excepted.  (Save in a situation deemed an emergency by the Company). Service may be arranged at  other hours subject to availability of personnel and upon payment of the appropriate fees  for same.

ASSIGNABILITY OF AGREEMENT

Neither this agreement nor The Company’s monitoring service are transferable without The  Company’s written consent to same. The Company shall have the right to assign this  agreement at any time without consent of The Subscriber. In such event, The Subscriber  shall deal with, look for the performance of this agreement to and have remedies for  breach of this agreement against the assignee only and The Company shall, upon such  assignment, be released from any obligation to The Subscriber hereunder.

Sale/sublease of premises/relocation of alarm system:  

Should the Subscriber desire to move to a new premises, it shall have the option of (A)  moving its alarm system (and the monitoring thereof) to its new premises, or (B) assigning  this agreement to the purchaser (new owner). Upon such assignment the purchaser will  assume the Subscriber’s rights and obligations under this agreement. If the Subscriber

chooses option “A”, Allfine Security will charge the Subscriber $480.00 + hst for moving the  system and re-installing it at the new premises.

Assignment:  

The Subscriber agrees that the sale or transfer of his/her/their premises shall not relieve  the Subscriber of any duties and obligations under this agreement. The Subscriber may not  assign or otherwise transfer its rights under this agreement without the written consent of  Allfine Security, which consent shall not be unreasonably (or arbitrarily) withheld or  delayed. Allfine Security may assign its rights under this agreement without notice to, and  the consent of, the Subscriber. Allfine Security has the right to sub-contract (i.e., contract out) any of its obligations under this Agreement without notice to the Subscriber.  Subscriber agrees that Allfine Security can relocate the monitoring station at any time  during this agreement to another location or to another third party monitoring station.

CANCELLATION BY ALLFINE SECURITY

Subscriber agrees that this agreement may be cancelled at the option of Allfine Security if  the monitoring station, used by Allfine Security to monitor the subscriber’s alarm system, is  substantially damaged by fire or catastrophe, or if Allfine Security is unable to have  connections or privileges necessary to transmit signals between the subscriber’s  premises, the monitoring station, or the Municipal Fire or Police Department or other  agency. Cancellation is eƯective five (5) days after written notice of cancellation is sent by  Allfine Security to the Subscriber. In addition, it is understood and agreed by the Subscriber  that this agreement may be cancelled at the option of Allfine Security in the event that: (a)  the Subscriber fails to follow any recommendations that Allfine Security may make for the  repair or replacement of defective parts of his/her system not covered under the Warranty  or any maintenance service contract; (b) the Subscriber’s failure to follow the operating  instructions provided by Allfine Security results in an undue number of false alarms; (c) the  Subscriber prevents Allfine Security from installing, servicing, repairing, or making  operational the alarm system or otherwise interferes with its proper operation; or (d) the  Subscriber’s premises in which the alarm system is installed is so modified or altered after  installation as to render continuation of service impractical. The Subscriber agrees that  Allfine Security is not liable for any damages or subject to any penalty as a result of Allfine  Security canceling this agreement for the reasons set forth above or any other reason(s).

GOVERNING LAW

This agreement shall be governed by the laws of the province of Ontario and the federal  laws of Canada applicable therein. The parties agree to attorn to the exclusive jurisdiction  of the Ontario Superior Court of Justice (which includes the Small Claims Court), or any  successor thereto.

ENTIRE AGREEMENT

This agreement constitutes the entire agreement between the parties and no changes can  be made, save in writing and signed by The Company, and the Subscriber. The parties agree  that there are no other Conditions agreed to, representations made or warranties given in  connection with the making of this agreement or pertaining to the goods or services  provided by The Company hereunder, expressed or implied. NO PERSON OTHER THAN A  DULY AUTHORIZED SIGNING OFFICER OF THE COMPANY AND IN PARTICULAR, SALES  REPRESENTATIVE OR CONSULTANT HAS ANY AUTHORITY TO AMEND, WAIVE, SUSPEND  OR IN ANY WAY ALTER ANY OF THE PRINTED TERMS OR CONDITIONS HEREIN  CONTAINED OR TO MAKE ANY PROMISE, REPRESENTATION, CONDITIONS OR WARRANTY  NOT PROVIDED HEREIN. THE TERMS AND CONDITIONS HEREIN PRINTED SHALL PREVAIL  OVER ANY INCONSISTENT OR ADDITIONAL TERMS OR CONDITIONS IN ANY PURCHASE  ORDER OR OTHER LETTER OR DOCUMENT SUBMITTED BY THE CUSTOMER HEREWITH.