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Alarm Monitoring – Terms and Conditions

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Alarm Monitoring – Terms and Conditions of our Agreemen

1) Liability of Customer. The Customer shall be liable for any loss of or any damage to the Equipment, for any reason whatsoever including Force Majeure, as of the date of its delivery and shall reimburse Frontier Networks Inc. (FRONTIER) for the cost of any leased Equipment which is lost or destroyed. FRONTIER shall execute its obligations hereunder with diligence and to the best of its ability, but will not be liable for any damage, whatever its cause or nature, except for deliberate acts by or gross negligence of FRONTIER or its representatives. Any Equipment deficiency or error as to delivery and/or installation of the Equipment must be reported in writing to FRONTIER within 48 hours of the observation of same, failing which the Customer shall be considered to be satisfied with the Equipment, its delivery and installation.

2) Limitation of Liability of FRONTIER. The Customer releases FRONTIER from any liability for losses or damages due directly or indirectly to events (or to consequences thereof) that the Equipment and/or Services is designed to detect or avoid. The Customer is aware that FRONTIER is not an insurer, that the protection offered to him/her pursuant to this Agreement is limited and not absolute, that the amounts payable by him/her have no relation to the value of the premises or their contents and are thus set because of the stipulations contained in this Agreement as to damages and liability. The Customer recognizes that FRONTIER will not be responsible for any loss and/or damage suffered by the Customer as a result of failure by a police department or fire or ambulance or other emergency services organization to respond to an alarm which the Customer will have signaled. Additionally, the Customer acknowledges that under certain circumstances the installed equipment can produce false alarms and should a false alarm occur, the Customer will be responsible for expenses and fines which could be levied by PRIVATE GUARDS OR public services for the municipality where the protected premises are located. FRONTIER MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, THAT THE EQUIPMENT OR SERVICES SUPPLIED WILL AVERT OR PREVENT OCCURRENCES OR THE CONSEQUENCES THEREFROM, WHICH THE EQUIPMENT OR SERVICE IS DESIGNED TO DETECT. IF V SHOULD BE FOUND LIABLE FOR LOSS, DAMAGE OR INJURY DUE TO A FAILURE OF SERVICE OR EQUIPMENT IN ANY RESPECT, ITS LIABILITY SHALL BE LIMITED TO A SUM EQUAL TO THREE MONTHS COST OF MONITORING FEES OR $250 WHICHEVER IS GREATER, AS THE AGREED UPON DAMAGES AND NOT AS A PENALTY, AS THE EXCLUSIVE REMEDY, AND THAT THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY IF LOSS, DAMAGE OR INJURY IRRESPECTIVE OF CAUSE OR ORIGIN, RESULTS DIRECTLY OR INDIRECTLY TO PERSON OR PROPERTY FROM PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS IMPOSED BY THIS AGREEMENT OR FROM NEGLIGENCE, ACTIVE OR OTHERWISE, STRICT LIABILITY, VIOLATION OF ANY APPLICABLE CONSUMER PROTECTION LAW OR ANY OTHER ALLEGED FAULT ON THE PART OF FRONTIER, ITS AGENTS OR EMPLOYEES. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST FRONTIER MORE THAN ONE YEAR AFTER THE OCCURRENCE OF THE CAUSE OF ACTION THEREFOR, UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. IT IS FURTHER AGREED THAT THE LIMITATIONS ON LIABILITY EXPRESSED HEREIN SHALL ENURE TO THE BENEFIT OF AND APPLY TO ALL PARENT, SUBSIDIARY AND AFFILIATED COMPANIES OF FRONTIER.

3) Personal Information. The Customer confirms that the information he/she is providing to FRONTIER is true and complete and shall notify FRONTIER without delay of any change to his/her personal information. 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 security services (including credit approval, invoicing, collection and to provide the Customer with information on new services or equipment), the Customer agrees to the collection, use, disclosing and transferring of his/her personal information by and between Security Provider, its affiliates, its subsidiaries and their respective successor corporations, or any subcontractor or assignee of this Agreement. The Customer authorizes FRONTIER or any sub-contractor or assignee of this Agreement to consult third parties (such as any credit reporting agency, credit bureau, person or corporation with whom the Customer has or may have financial relations, or supplier of services or benefits relating to this agreement) 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 security services. The file containing information related to the administration of the Customer’s security services will be kept by Security Provider and/or any subcontractor or assignee of this Agreement or third party monitoring company and will only be available to the personnel at FRONTIER and/or any sub-contractor or assignee of this Agreement and their authorized employees, contractors and agents who need to access the information in the administration and operation of his/her security 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 security services (including credit related information) will be held in a file titled with his/her name. The Customer has a right to access and correct the information (which may be incomplete, obsolete, or incorrect) contained in the file held about him/her and in order to exercise this right he/she can contact either by phone, email or via a support ticket to request or confirm this information. The Customer may contact FRONTIER to obtain information about FRONTIER’s management of personal information and to address any complaints at FRONTIER’s address set forth on the first page of this Agreement. The Customer consents to the receipt of FRONTIER’s promotional materials and information concerning other services and products offered by FRONTIER via mail or email at the address(es) set forth in this Agreement, or as updated by the Customer from time to time.

4) Assignment. The Customer may not transfer or assign his/her rights pursuant to this Agreement without the prior written consent of FRONTIER, which consent may be arbitrarily withheld or delayed. FRONTIER shall be entitled to assign this Agreement to any other provider of security services, without the consent of the Customer. In all such cases, any assignee shall assume each and every one of the obligations contained herein toward the Customer and shall benefit from each and every one of the rights granted to FRONTIER hereunder. Furthermore, FRONTIER shall be entitled to sub-contract any services it is to perform hereunder. This Agreement shall also enure to the benefit of and apply to any assignee, subcontractor or any other party performing any of the obligations provided for herein.

5) Force Majeure. FRONTIER 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. FRONTIER shall use commercially reasonable efforts to recommence performance as soon as reasonably possible.

6) Notice. All notices shall be sent to such party’s address on the first page of this Agreement Such notice shall be deemed duly delivered on the date of hand-delivery or one day after deposit with an overnight courier with tracking capabilities, or five days after deposit in registered mail, postage prepaid, return receipt requested.

7) General. Failure by FRONTIER to require the performance by the Customer of its obligations pursuant to this Agreement or to enforce a right or recourse of FRONTIER shall not be deemed or interpreted as a waiver or forfeiture by FRONTIER of such right or recourse or of its right to require the performance by the Customer of its obligations pursuant to this Agreement. This Agreement constitutes the entire agreement between the parties as to its subject matter, superseding all prior or contemporaneous agreements or other communications or dealings whether written or oral, and may be amended only by a written instrument signed by the parties. This Agreement shall be governed by and construed under the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to principles of conflict of laws, and each party unconditionally and irrevocably attorns to the non-exclusive jurisdiction of the courts of the Province of Ontario.

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