Terms & Conditions

Effective Date: August 18th, 2024

Revised: October 19th, 2024

1. Introduction

   These Terms and Conditions (the "Terms") govern the use of www.onesas.ca (the "Site"). This Site is owned and operated by ONE Security & Automation Systems Inc. (the "Contractor"). References to "Contractor" or "ONE Security & Automation Systems Inc." include its subsidiaries and affiliated companies, such as Alarmshield and Titan Automation, which are wholly owned by ONE Security & Automation Systems Inc.

   By using this Site, or by agreeing to these Terms via our payment platform, account creation, or other means, you agree to comply with and be bound by these Terms. Continued use of the Site constitutes acceptance of any modifications to the Terms, which may be updated periodically. It is your responsibility to review the Terms regularly.

2. Intellectual Property

   The content on this Site, including images, text, logos, and downloadable files, is either the property of ONE Security & Automation Systems Inc. and its creators or is used with permission from the respective owners. Unauthorized use of any content is strictly prohibited. If any content is owned by third parties, it remains the property of those respective owners and is protected by their copyright and intellectual property rights.

3. Accounts

   When creating an account, you are responsible for maintaining its security and accuracy. We reserve the right to suspend or terminate your account for illegal use or violations of these Terms.

4. Compensation

   The Contractor will invoice the Client for the Services as follows (the "Compensation"):

   • The Client must pay the cost of equipment upfront before initiating installation and/or service unless a separate document specifies other terms of payment.

   • The Contractor will invoice the Client for the cost of labor and any additional equipment or services provided upon completion of the installation and/or service.

   • Additional charges may apply for services outside the scope of the subscription, including but not limited to, the cost of alarm systems and equipment. These additional costs are not covered under the monthly subscription fee.

5. Sale of Services

   The services available on this Site include Alarm Monitoring, Surveillance, and Home Automation. Payment terms are as follows:

   • Equipment costs must be paid in full before service begins.

   • Labor and additional charges are payable upon completion.

6. Third-Party Goods and Services

   We are not responsible for the quality or accuracy of third-party goods and services available on our Site. All plans are subject to the terms and conditions of API Monitoring and Alarm.com, as applicable based on the selected plan.

7. Autonomy

   Except as otherwise provided in this Agreement, the Contractor will have full control over working time, methods, and decision-making in relation to the provision of the Services under the Agreement. The Contractor will work autonomously and not at the direction of the Client. However, the Contractor will be responsive to the reasonable needs and concerns of the Client.

8. Payments

   We accept payments via Credit Card, Debit, Cash and Cheque. By providing payment information, you authorize us to charge the amount due. We reserve the right to cancel transactions if we believe they violate the law or these Terms.

9. Ontario Consumer Protection Act, 2002

   Consumer rights as outlined in the Ontario Consumer Protection Act, 2002 can be found in Appendix A of this Agreement.

10. Warranty

    • Warranty Coverage: ONE Security & Automation Systems Inc. ("Contractor") warrants that the products delivered under this agreement will be free from defects in material and workmanship for one (1) year from the date of purchase. This does not cover equipment not installed by The Contractor, such as takeovers of existing equipment.

    • Warranty Period: The warranty period begins on the date of purchase and extends for one (1) year.

    • Remedies: During the warranty period, the Contractor will repair or replace defective parts or products at no additional charge. If a product is no longer available or cannot be repaired, it may be replaced with a comparable product.

    • Exclusions: This warranty does not cover damage caused by misuse, abuse, improper installation, natural disasters, accidents, unauthorized alterations, repairs, normal wear and tear, or products used for unintended purposes.

    • Warranty Claim Procedure: To make a claim, notify the Contractor in writing at info@onesas.ca within thirty (30) days of discovering the defect. Provide the original invoice or proof of purchase and follow the Contractor’s instructions for returning the defective product if required.

    • Limitations of Liability: ONE Security & Automation Systems Inc. is not liable for any damages resulting from the failure of the Services or Equipment, including but not limited to property damage, personal injury, or loss of business. Insurance coverage is your responsibility.

    • Governing Law: This warranty is governed by the laws of the Province of Ontario.

11. Confidentiality

    Confidential information refers to any data or information relating to the business of the Client that is not generally known and where the release of that information could cause harm to the Client. The Contractor agrees not to disclose or use Confidential Information except as authorized by the Client or as required by law. This obligation of confidentiality will survive indefinitely.

12. Ownership of Intellectual Property

    All intellectual property developed or produced under this Agreement will be the sole property of the Client. The Contractor may not use this intellectual property for any purpose other than that contracted for, except with the written consent of the Client.

13. Dispute Resolution

    Subject to any exceptions specified in these Terms and Conditions, if you and ONE Security & Automation Systems Inc. are unable to resolve any dispute through informal discussion, you agree to submit the issue to mediation. The mediation process will be non-binding, and the mediator must be a neutral party acceptable to both you and ONE Security & Automation Systems Inc.

    While mediation is the preferred method of dispute resolution, either party retains the right to pursue further legal action if mediation does not resolve the dispute. However, any legal action must be brought in a court of competent jurisdiction within Ontario.

    Notwithstanding the above, ONE Security & Automation Systems Inc. retains the right to bring an action in a court of competent jurisdiction for claims related to intellectual property infringement, enforcement of these Terms and Conditions, or any other claims where seeking judicial relief is necessary to protect its rights.

14. Equipment Ownership and Release

    Until full payment has been received, all equipment provided by ONE Security & Automation Systems Inc. remains the property of the Contractor. The Contractor reserves the right to remove any equipment from the premises at any time before payment is made in full. Upon full payment, ownership of the equipment will transfer to the Client.

15. Photo Release

    The Client grants ONE Security & Automation Systems Inc. the irrevocable and unrestricted right to use and publish photographs taken during the provision of services under this Agreement, including those featuring the Client’s property, for promotional purposes. This includes, but is not limited to, advertising, social media, and other marketing materials. This permission is granted without further consent or compensation from the Client.

16. Reimbursement of Expenses

    The Contractor will be reimbursed for reasonable and necessary expenses incurred in connection with providing the Services, provided that all expenses have been pre-approved by the Client.

17. Late Payments and Service Suspension

    During the Contract Period:

    Service Suspension: If the Client fails to make timely payments for subscription services during the term of the contract, ONE Security & Automation Systems Inc. reserves the right to suspend alarm monitoring services. The Client will not have access to monitoring services during this period until outstanding payments are made. Late fees may apply as per the terms of the contract.

    Termination: Continued non-payment may lead to the termination of services under the subject contract. Upon termination, the Client will no longer receive alarm monitoring. Any equipment provided under the contract will remain the property of ONE Security & Automation Systems Inc. until full payment is received. The Client will also be responsible for any costs associated with the recovery of overdue payments, including late fees, collection agency fees, legal fees, and court costs.

    Outside the Contract Period:

    Service Termination: If the Client fails to make timely payments for subscription services beyond the contract period, ONE Security & Automation Systems Inc. reserves the right to terminate services. In such cases, any remaining equipment provided to the Client will also remain the property of ONE Security & Automation Systems Inc. until all outstanding payments are received. Late fees may apply as per the terms of the contract.

    Outstanding Balance: The Client remains responsible for any unpaid balance, and the Contractor reserves the right to pursue recovery of such amounts through appropriate means, including late fees, collection agency fees, legal fees, and court costs.

18. Indemnification

    Except to the extent paid in settlement from any applicable insurance policies and to the extent permitted by applicable law, the Client agrees to indemnify and hold harmless ONE Security & Automation Systems Inc., its directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees, and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the Client, its directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.

19. Modification of Agreement

    Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.

20. Right of Substitution

    Except as otherwise provided in this Agreement, the Contractor may, at the Contractor's absolute discretion, engage a third-party sub-contractor to perform some or all of the obligations of the Contractor under this Agreement. The Client will not hire or engage any third parties to assist with the provision of the Services.

• In the event that the Contractor hires a sub-contractor:

  • The Contractor will pay the sub-contractor for its services, and the Compensation will remain payable by the Client to the Contractor.

  • For the purposes of the indemnification clause of this Agreement, the sub-contractor is an agent of the Contractor.

21. Capacity/Independent Contractor

    In providing the Services under this Agreement, it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them and is exclusively a contract for service.

22. Lower Monthly Rate Guarantee

    We guarantee a lower monthly rate for alarm monitoring services under the following conditions:

    1. Eligibility:

       • This offer is available exclusively to new clients located in Ontario who currently have an active alarm monitoring contract with another provider.

       • Proof of the current service contract and monthly rate is required to qualify for the lower rate.

    2. Rate Adjustment:

       • The lower monthly rate applies only to equivalent services compared to the client’s current monitoring package.

       • The rate reduction applies solely to the monitoring fee and excludes additional services, equipment costs, or installation fees.

    3. Contract Requirements:

       • To receive the reduced rate, the client must agree to a new monitoring contract with a minimum term of 24 months.

       • The reduced rate will be locked in for the duration of the contract term. After the contract ends, regular rates may apply.

    4. Exclusions:

       • The offer does not apply to clients with month-to-month, non-contractual monitoring agreements, or those receiving promotional rates from their current provider.

       • This offer cannot be combined with any other promotional offers or discounts.

    5. Right to Modify:

       • ONE Security & Automation Systems Inc. reserves the right to modify or terminate this offer at any time without prior notice, except for clients who have already signed a contract under this offer.

23. Term of Agreement

    The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. The Term may be extended with the written consent of the Parties.

    In the event that either Party wishes to terminate this Agreement before the completion of the Services, that Party will be required to provide 30 days' written notice to the other Party.

24. Driver Usage and Licensing Terms

    Definition of Driver:
    A "driver" refers to any software downloaded from www.onesas.ca and designed to integrate third-party devices with Control4 home automation systems. These drivers facilitate communication, control, and functionality between specified devices and Control4 systems, allowing users to operate and monitor their devices seamlessly through the Control4 interface.

    Acceptance of Terms
    By downloading, installing, or using any driver from www.onesas.ca, you agree to be bound by these terms and conditions.

    License

    • Each driver is licensed exclusively for use with Control4 systems.

    • A valid license key is required for activation and continued use.

    • The license is non-transferable and may only be used on one Control4 system unless explicitly authorized by ONE Security & Automation Systems Inc.

    • The license can be revoked with or without cause at the discretion of ONE Security & Automation Systems Inc.

    User Accountability

    • You are liable for all actions taken under your account.

    • This includes any activities, transactions, or communications conducted using your account.

    Compatibility

    • Drivers are designed to function with specific firmware versions and devices as listed in the respective documentation.

    • ONE Security & Automation Systems Inc. does not guarantee compatibility with future firmware updates or unsupported devices.

    Limitations of Liability

    • All drivers are provided "as is," without any express or implied warranties, including, but not limited to, warranties of merchantability or fitness for a particular purpose.

    • ONE Security & Automation Systems Inc. shall not be liable for damages, incorrect operation, or errors resulting from the installation or use of the driver. This includes, but is not limited to, loss of functionality, system crashes, communication issues, or unintended behavior of connected devices.

    • In no event shall ONE Security & Automation Systems Inc. be responsible for direct, indirect, incidental, or consequential damages arising from the use or inability to use the driver.

    Data Collection and Privacy

    • Certain drivers may collect and encrypt data, such as user credentials, for the purpose of generating access tokens.

    • This encrypted data is securely transmitted to our server once per hour for token generation. After processing, no data is stored on our servers, except for the user's email address, retained for error logging, troubleshooting, and access to the license portal at license.onesas.ca.

    • The collected data is used solely to maintain the driver’s functionality and is not shared with third parties except as required by law.

    • By using the driver, you consent to the encrypted data transmission and processing of your credentials by third parties such as Allegion or Schlage for access token generation.

    International Users

    • ONE Security & Automation Systems Inc. administers and operates the website from its location in Ontario, Canada.

    • We reserve the right to limit, in our sole discretion, the provision of any portion of the Services, or any product offered herein, to any person or geographic area. Any offer made through the Services is void where prohibited.

    • If you choose to access the Services from outside Canada, you do so on your own initiative and are solely responsible for complying with any applicable local laws.

    Support

    • Technical support is provided at our discretion.

    • While we strive to ensure that the drivers function as intended, future updates are not guaranteed.

    Termination

    • ONE Security & Automation Systems Inc. reserves the right to terminate or suspend the license for misuse, non-compliance with these terms, or any attempt to reverse-engineer, modify, or distribute the driver without authorization.

    • The license can be revoked with or without cause at the discretion of ONE Security & Automation Systems Inc.

    Modifications

    • Any modifications to the driver code or misuse of the driver in unintended environments will void the warranty and revoke support eligibility.

    • No reproducing, modifying, reverse engineering, un-encrypting, or utilizing automated processes (e.g., robots) is permitted.

25. Governing Law:

    These Terms are governed by and construed in accordance with the laws of the Province of Ontario. See Appendix A.

26. Contact Information

    For any questions about these Terms, please contact us at:

    ONE Security & Automation Systems Inc.
    Address: 22 Frederick St, Suite 700, Kitchener, Ontario, N2H 6M6
    Email: info@onesas.ca
    Phone: 1-833-663-7271

Appendix A Your Rights under the Ontario Consumer Protection Act, 2002

You may cancel this agreement at any time during the period that ends ten (10) days after the day you receive a written copy of the agreement. You do not need to give the supplier a reason for cancelling during this 10-day period. If the supplier does not make delivery within 30 days after the delivery date specified in this agreement or if the supplier does not begin performance of his, her or its obligations within 30 days after the commencement date specified in this agreement, you may cancel this agreement at any time before delivery or commencement of performance. You lose the right to cancel if, after the 30-day period has expired, you agree to accept delivery or authorize commencement of performance. If the delivery date or commencement date is not specified in this agreement and the supplier does not deliver or commence performance within 30 days after the date this agreement is entered into, you may cancel this agreement at any time before delivery or commencement of performance. You lose the right to cancel if, after the 30-day period has expired, you agree to accept delivery or authorize commencement of performance. In addition, there are other grounds that allow you to cancel this agreement. You may also have other rights, duties and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services. To cancel this agreement, you must give notice of cancellation to the supplier, at the address set out in the agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in the agreement, use any address of the supplier that is on record with the Government of Ontario or the Government of Canada or is known by you. If you cancel this agreement, the supplier has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance). However, if you cancel this agreement after having solicited the goods or services from the supplier and having requested that delivery be made or performance be commenced within ten (10) days after the date this agreement is entered into, the supplier is entitled to reasonable compensation for the goods and services that you received before the earlier of the 11th day after the date this agreement was entered into and the date on which you gave notice of cancellation to the supplier, except goods that can be repossessed by or returned to the supplier.

• The supplier.

• A person designated in writing by the supplier.

If you cancel this agreement, you must take reasonable care of any goods that came into your possession under the agreement until one of the following happens:

• The supplier repossesses the goods.

• The supplier has been given a reasonable opportunity to repossess the goods and twenty-one (21) days have passed since the agreement was cancelled.

• You return the goods.

• The supplier directs you in writing to destroy the goods and you do so in accordance with the supplier’s instructions.