Wenner (“O.R. Wenner Ltd.”, “Wenner Security Inc.”, “Intuitiv. Homes”, or “Wenner Investments Inc.”) will provide the equipment and personnel required to complete your (the “owner/contractor”) project to the specifications and descriptions agreed upon in the Sales Proposal document and any Change Orders /Proposal Adjustments or Service Orders completed thereto (the “Proposal”) at the location identified in the Proposal (the “Property”).
All material and equipment will be installed in a manner consistent with standard practices at this time.Wenner reserves the right to substitute discontinued equipment with current models of equal or greater value and provides this service unless otherwise notified in writing by the owner/contractor.
This Proposal does not include costs associated with any related work or materials including but not limited to electrical, drywall, HVAC, painting, patching, trenching, landscaping, core drilling, mill work, vent-ing and sealing of roof penetrations, are not included unless specifically documented in the Proposal.
Environmental and network factors can affect system performance, additional equipment may be r-quired if system is not performing to its full potential; this additional equipment along with any associated additional material and labour will be charged as an extra. Additional fine-tuning may also be required once installation is complete. Additional time spent dealing with utility/communications providers will be charged on a time and material basis. Additional charges billed by utility/communications providers are not included in the Proposal and shall not be responsibility of Wenner. Installation, training, programming or testing of or for any item not specifically stated in the Proposal will be subject to additional charges.
The cutting or coring into finished ceilings, walls or millwork for the securing of fixtures is to be per-formed by others. If this scope of work is performed by Wenner, additional charges may apply.
The fitting or hanging of light fixtures or electrical outlets on glass or mirrors is to be performed by others. If this work is performed by Wenner at the request of the client, it will be on a “all care and no responsibility” basis. Electrical Permits if not specified as a specific charge in the Proposal will be passed on at our charged cost plus an Administration Fee which will be charged as necessary.
Decorative, Accent and specialty lighting will be charged on a time and materials basis.
Shipping and handling charges that may be incurred by Wenner on materials, fixtures and equipment orders shall be charged as an extra.
Travel time is excluded from proposals and billed separately unless specifically noted in the proposal.
Proposals are valid for 30 days unless otherwise noted. Wenner reserves the right to charge for increased product costs after the 30 day period has elapsed.
Any deviation, alteration, modification or change from this Proposal could incur additional labour and material charges and are referred to as Proposal Adjustments. Invoicing for Proposal Adjustments to be submitted at the completion of each building phase (site servicing, rough-in, finishing and commissioning)if applicable.
Instructions to make changes / additions / deletions may be given either verbally or in writing by the owner/contractor/designer or person authorized by the owner/contractor to give such instructions. At any point the builder and/or home owner can requested a current statement of active change orders. These requests can be submitted to email@example.com or to your project contact(s).
Travel time required for extra work and materials is billed from “door to door” meaning the time it takes Wenner to travel from its location to the requisite supplier to pick up materials and thereafter to theProperty. All such requested Proposal Adjustments shall not invalidate the Proposal but be deemed an amendment to it.
Labour Rates for Proposal Adjustments are as per the below table:
An Administration Fee of $40.00 or 2% (whichever is the greatest) will apply to each Proposal Adjustment created.
Invoices shall be prepared as follows:
1. Construction Deposit: Where applicable, all new projects will be billed a 10% Construction Deposit upon signed acceptance of the Proposal. The Construction Deposit invoice will be presented prior to actual commencement with payment due prior to any site work commencing.
2. Progress Claims: Once projects commence a Progress Claim will be raised every 2 weeks. This Progress Claim will constitute a percentage or dollar amount (as warranted) of the “Rough In” Stage until the entire “Rough In” is completed. “Rough In” will constitute 70% of the complete project. The “Finish” Stage will also be billed on a biweekly Progress Claim basis. The Final Invoice will be for the finished project.
3. Proposal Adjustments: All Proposal Adjustment Invoices will be raised upon completion of the scope of work specified in the Proposal Adjustment, with the exception being when a deposit payment is required for any significant materials that are included in the Proposal Adjustment.
4. Fixtures/System Equipment: All fixtures and/or Audio / Video, Automation equipment will be invoiced upon acceptance by the owner/contractor of the Proposal for such equipment and paid in a timely manner allowing for sufficient lead time for the equipment to be procured to ensure that there are no installation delays.
5. Time & Material Projects: Projects that are agreed to be completed on a Time and Material basis (in part or in their entirety), will be invoiced as such, with Labour charged as per the table in these Terms and Conditions and Materials as per the specified prices in the invoice.
Payment of all invoices will be due upon receipt of the invoice, unless other terms are stated thereon(unless alternative arrangements have been made). Any invoices not paid within 30 days from the due date on the invoice will be considered past due and charged interest at the rate of 2% per month until paid in full.
Please remit payment to the address above. We accept Wire Payments, Interac E-Transfer and cheques. Please make cheques payable to O.R. Wenner Ltd. If you would like to forward payment via Interac eTransfer, please send them to "firstname.lastname@example.org". No password will be required.
Optionally, if you would like to pay via our online portal with a credit card please use the link below for secure online payment. As of June 1st, 2021, we no longer accept credit payments over the phone. Most credit cards are accepted with a non-refundable convenience fee of 3%. This fee is charged by the system administrator for the use of their software and online service and to ensure a secure transaction. The $5,000 maximum credit-card limit has been removed.
Any invoices outstanding after 90 days from date of invoice will be sent to a collections agency. All costs associated with collections including interest owed to Wenner will be the responsibility of the client or contractor.
It is agreed that title to all material shall remain the property of Wenner until delivered to site, at which time the material shall become the property of the owner/contractor. Any insurance of such material will become the responsibility of the owner / contractor once the material is on site.
Except as expressly set forth herein, The client may not return any goods without Seller's written consent. All returns are subject to a restocking fee/ handling charge, which may change from time to time. Contact Seller to determine the exact amount. If the goods are specially ordered for the project, and cannot be returned to the manufacturer, O.R. Wenner LTD. shall have no obligation to accept the return of goods, and the client shall remain liable for the entire purchase price of the goods.
Warranty shall apply exclusively to the installation of materials, fixtures and equipment by Wenner. Warranty shall commence from the date of final invoice for a maximum period of one (1) year (the “WarrantyPeriod”) unless specified otherwise. Warranty does not apply to:
1. Material, fixtures, equipment and other items supplied by others (which shall be as warranted by the manufacturer).
2. Labour required to fix manufacturer defects before, during or after the Warranty Period.
3. Labour or materials required to repair services provided by utility and/or communications companies including Shaw Cable or Telus.
4. If you choose to change your Internet Service Provide (ISP) at any time, please notify us in advance. Our systems rely on pre configured settings that will be affected during a change over. All time and materials required to facilitate a change whether prior, during or after the change is made will be billable.
Warranty or service will not be performed if any payments according to this proposal become past due, including payments regarding Proposal Adjustments or Change Orders.
All equipment furnished by the owner/contractor, such as televisions, satellite boxes, etc. are expressly excluded from any warranty provided by Wenner and any warranty of said owner furnished equipment is hereby expressly disclaimed.
THIS WARRANTY IS VOID if the installed equipment, fixtures or materials has been adjusted, reset, re-configured or in any way modified by you or another party.
Environmental and network factors can affect system performance, additional equipment may be required if system is not performing to its full potential. Material and labour will be charged as an extra.Your Automation system may need fine tuning after final installation. Please refer to your WennerCare Package for the specifics of your service agreement (if applicable).
All project time lines are approximate. Wenner shall have no responsibility for failure to perform or delays in performing due to circumstances outside of their control including, but not limited to: owner/contractor negligence and/or default; weather; acts of God; Issues/delays/restrictions in relation to Covid-19, including restrictions imposed by Canadian or local international governments, issues regarding the condition of the Property; strikes, or other labor disputes; accidents; governmental or municipal regulation or interference; shortages of labor or materials, delays in transportation, non availability of the same from manufacturer or supplier; or other causes beyond Wenners’ control. In no event shall Wenner be liable for special or consequential damages whatsoever or however caused.
1. Any payment called for under this proposal and all authorized Proposal Adjustments becomes past due.
2. Any written agreement made by the owner/contractor is not promptly performed.
3. Any conditions warranted by the owner/contractor prove to be untrue.
4. Failure of owner/contractor to comply with any of the conditions of this proposal.
In event of owner/contractor default, in addition to all remedies available to Wenner in law or equity, Wenner may do any
or all of the following:
1. Suspend the work and remove its material/equipment from the premises.
2. Remove any of the Wenner supplied material/equipment, whether or not it has been installed and whether or not is has been placed in operation. In this regard, owner/contractor agrees that Wenner may enter upon owner/contractor property for the purpose of repossessing such equipment without liability to owner/contractor for trespass or any other reason.
3. Retain all monies paid hereunder, regardless of the stage of completion of the work and bring any appropriate action in court to enforce its rights. The owner/contractor agrees to pay all costs and expenses, attorney's fees, court costs, collection fees (including fees incurred in connection with appeals) incurred by Wenner in enforcing its rights under this proposal.
Wenner Security Inc. Terms/ Conditions and Privacy
A statement of the Customer’s right to cancel under British Columbia’s Business Practices and Consumer Protection Act, entitled “Consumer’s Right to Cancel” is described on the next page.
Consumer’s Right to Cancel
This is a contract to which the Business Practices and Consumer Protection Act applies. You may cancel this contract from the day you enter the contract until 10 days after you receive a copy of this contract. You do not need a reason to cancel. If you do not receive the goods or services within 30 days of the date stated in the contract, you may cancel this contract within one year of the contract date. You lose that right if you accept delivery after the 30 days. There are other grounds for extended cancellation. If you cancel this contract, the seller has 15 days to refund your money and any trade-in, or the cash value of the trade-in. You must then return the goods. To cancel, you must give notice of cancellation at the address in this contract. You must give notice of cancellation by a method that will allow you to prove that you gave notice, including registered mail, electronic mail, facsimile or personal delivery. If you send the notice of cancellation by mail, facsimile or electronic mail, it doesn’t matter if the seller receives the notice within the required period as long as you sent it within the required period.(Consumer Contracts Regulation, BC Reg 272/2004, sched. A)
TERMS AND CONDITIONS
1. Interest Charged. The Customer hereby agrees to pay interest to the Security Provider if the Security Provider does not receive any payment within 30 days of the due date. The interest shall accrue at the rate of 12% per year as of the thirtieth day following the due date, and every subsequent month. If the Customer does not make payments in a timely fashion, the Security Provider may terminate any lease of Equipment and/or Service upon 15 days written notice to the Customer.
2. Installation. The Security Provider agrees to install any Equipment in a workmanlike manner in accordance with the following conditions: (a) the Customer will make premises available without interruption during normal working hours(i.e. 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays); (b) the Customer understands that the installation may necessitate drilling in to various parts of the Customer’s premises and that wiring may be exposed; (c) the Customer agrees to provide sufficient electrical outlets at designated locations for Equipment requiring AC power; and(d) the Customer warrants that the Customer has requested the Equipment and/or Services for his/her own use and not for the benefit of any third party, owns the premises in which the Equipment is being installed or that Customer has the authority to engage the Security Provider to carry out the installation in the premises, and will comply with all laws, codes and regulations pertaining to the Equipment and/or Services that are the subject of this Agreement.
3. Condition of Equipment. The Customer shall maintain the Equipment in good working order. If components of the Equipment are battery operated, the Customer will have to replace it according to the Security Provider’s or his/her representatives’ recommendations. The Customer accepts the full and entire responsibility for frequently verifying the operating condition of the Equipment.
4. Acknowledgement of Protection. Although the Customer may choose the type of protection he/she requires (i.e. number of devices, equipment location, type of installation, etc.), the Customer is advised to follow recommendations of the Security Provider who shall install the Equipment so as to ensure its proper operation and prevent false alarms. The Customer acknowledges that he/she has chosen the type of protection for the premises to be protected and acknowledges having received the Equipment described in this Agreement.
5. No Modification of Equipment. The Customer shall ensure that the premises monitored by the Equipment is well maintained and allow the Equipment to adequately operate and shall advise the Security Provider in writing of any changes to the configuration of such premises. The Customer 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 Customer undertakes to preserve the identification plates and any other markings on any Equipment. If the Customer moves, he/she remains entirely responsible for the equipment and for his contractual commitment. The Customer is responsible for informing the Security Provider of his/her move by registered mail and for supplying the date and address for the purpose of reinstalling the Equipment.
6. Additional Services and Equipment. Any service or equipment, which the Security Provider may provide beyond the obligations set forth in, this Agreement is optional on its part and will create no additional obligation on the Security Provider. The Customer undertakes to remunerate the Security Provider for any services or equipment required of the Security Provider and rendered or provided at the request of the Customer beyond the commitments set forth in this Agreement. The Security Provider and the Customer will mutually agree to such remuneration in advance.
7. Remote Monitoring Services. The Equipment for Remote Monitoring Services includes a communicator that sends signals to the Monitoring Station over the Customer’s regular telephone service. The Customer 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 Customer’s telephone service. The Security Provider 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 Customer will be unable to use the Customer’s telephone to make other calls such as calls to the emergency 911 operators. Therefore, Customer may wish to have the system connected to a separate telephone line. If the Customer’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 Customer 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 Customer 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 Customer will notify the Security Provider 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 Customer’s expense. The Customer acknowledges that failing to notify the Security Provider 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 the Security Provider. The Customer acknowledges that the use of Internet can cause signals not to transmit in the event of a power or modem failure. If the Customer selects radio or cellular monitoring service, the Security Provider will utilize a radio frequency for transmitting alarm signals from the system to the Monitoring Station. The Customer 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 Customer 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 Security Provider’scontrol.
8. Maintenance Services. Security Provider “on-call” shall provide maintenance Services from the Customer. The Customer will facilitate access to the premises in order to allow the Security Provider or its representatives to perform all Maintenance Services and to retrieve its Equipment. The Customer accepts all inconveniences resulting from such installation, maintenance and/or repairs of Equipment or cabling. Replaced parts shall be the property of the Security Provider. The Maintenance Services specifically excludes: (a) Equipment defects which are known to the Customer as of the date of this Agreement, unless these were disclosed to the Security Provider prior to the execution of this Agreement and the Customer has agreed in writing to include such defects in the Service coverage;(b) Equipment defects resulting from fire, lightning, vandalism, a flood, negligence of the Customer, Force Majeure, abuse by the Customer, modifications to the Equipment which are contrary to standards or the Security Provider’s recommendations; (c) defects caused by paint or materials used on coatings of external surfaces of the Equipment;(d) interruption of the electrical supply to the Equipment; (e) defects resulting from alterations to the Equipment by persons not authorized by the Security Provider.
9. PPSA Registration of Security Interest. Customer hereby grants to the Security Provider a continuing, specific, andfixed security interest, under British Columbia’s Personal Property Security Act, in the Equipment sold to the Customer,now or at any time and from time to time existing, wherever situate, pursuant to this Agreement until such timethe purchase price for such Equipment is paid in full. Title to such Equipment shall remain with the Service Provideruntil paid in full.
10. Automatic Renewal. Any lease of Equipment and/or Service supplied pursuant to this Agreement will be automaticallyrenewed at its expiration on a month-to-month basis. The Customer can prevent the automatic renewal of bydelivering to the Security Provider a written notice at least 30 days prior to the renewal date or, if automatically renewedon a month-to-month basis, the end of the month on which the Customer wishes any lease of Equipment and/or Service to terminate. However, the Customer must pay for any lease of Equipment and/or Service to the end of themonth in which it is terminated.
11. Cancellation prior to the end of the Term. If the Customer who wishes to terminate any lease of Equipment and/or Service established pursuant to this Agreement before the end of the term applicable to such, the Customer mustdeliver to the Security Provider a written notice to that effect at least 30 days prior to the date of termination and paythe Security Provider, as liquidated damages and not as a penalty, a single payment on the date of termination of anylease of Equipment and/or Service, equal to 100% of the total of the outstanding monthly payments thereafter payableattributable to any lease of Equipment and/or Service being cancelled. In case of termination of this Agreementor the non-renewal thereof, the Customer acknowledges, and agrees to cooperate with, the Security Provider’s rightto repossess any leased Equipment.
12. Default by Customer. Any failure by the Customer to pay when due the payments or other charges provided by this Agreement or breach of this Agreement by the Customer shall give the Security Provider the right to terminate this Agreement, and, in addition to and without waiving any other remedies, to avail itself of any legal remedy, including but not limited to, the right to repossess leased Equipment with or without notice and without obligation to redecorate or repair the premises or any other liability; charge interest at an annual rate of 12% on any delinquent amount; liquidated damages equal to 100% of the entire amount thereafter payable under this Agreement until the end of the relevant term.
13. 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 the Security Provider for the cost of any leased Equipment which is lost or destroyed. The Security Provider shall execute its obligations here under 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 the Security Provider or its representatives. Any Equipment deficiency or error as to delivery and/or installation of the Equipment must be reported in writing to the Security Provider within 48hours of the observation of same, failing which the Customer shall be considered to be satisfied with the Equipment, its delivery and installation.
14. LIMITATION OF LIABILITY OF SECURITY PROVIDER. THE CUSTOMER RELEASES THE SECURITY PROVIDERFROM ANY LIABILITY FOR LOSSES OR DAMAGES DUE DIRECTLY OR INDIRECTLY TO EVENTS (OR TOCONSEQUENCES THEREOF) THAT THE EQUIPMENT AND/OR SERVICES IS DESIGNED TO DETECT OR AVOID.THE CUSTOMER IS AWARE THAT THE SECURITY PROVIDER IS NOT AN INSURER, THAT THE PROTECTION OFFEREDTO HIM/HER PURSUANT TO THIS AGREEMENT IS LIMITED AND NOT ABSOLUTE, THAT THE AMOUNTSPAYABLE BY HIM/HER HAVE NO RELATION TO THE VALUE OF THE PREMISES OR THEIR CONTENTS ANDARE THUS SET BECAUSE OF THE STIPULATIONS CONTAINED IN THIS AGREEMENT AS TO DAMAGES ANDLIABILITY. THE CUSTOMER RECOGNIZES THAT THE SECURITY PROVIDER WILL NOT BE RESPONSIBLE FORANY LOSS AND/OR DAMAGE SUFFERED BY THE CUSTOMER AS A RESULT OF FAILURE BY A POLICE DEPARTMENTOR FIRE OR AMBULANCE OR OTHER EMERGENCY SERVICES ORGANIZATION TO RESPOND TO ANALARM, WHICH THE CUSTOMER WILL HAVE SIGNALLED. ADDITIONALLY, THE CUSTOMER ACKNOWLEDGESTHAT UNDER CERTAIN CIRCUMSTANCES THE INSTALLED EQUIPMENT CAN PRODUCE FALSE ALARMS ANDSHOULD A FALSE ALARM OCCUR, THE CUSTOMER WILL BE RESPONSIBLE FOR EXPENSES AND FINES WHICHCOULD BE LEVIED BY PRIVATE GUARDS OR PUBLIC SERVICES FOR THE MUNICIPALITY WHERE THE PROTECTED PREMISES ARE LOCATED. THE SECURITY PROVIDER MAKES NO GUARANTY OR WARRANTY, INCLUDINGANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, THAT THE EQUIPMENT OR SERVICES SUPPLIEDWILL AVERT OR PREVENT OCCURRENCES OR THE CONSEQUENCES THEREFROM, WHICH THE EQUIPMENTOR SERVICE IS DESIGNED TO DETECT. IF THE SECURITY PROVIDER SHOULD BE FOUND LIABLE FOR LOSS,DAMAGE OR INJURY DUE TO A FAILURE OF SERVICE OR EQUIPMENT IN ANY RESPECT, ITS LIABILITY SHALL BELIMITED TO A SUM EQUAL TO THREE MONTHS COST OF MONTIORING FEES OR $250 WHICHEVER IS GREATER,AS THE AGREED UPON DAMAGES AND NOT AS A PENALTY, AS THE EXCLUSIVE REMEDY, AND THAT THEPROVISIONS OF THIS PARAGRAPH SHALL APPLY IF LOSS, DAMAGE OR INJURY IRRESPECTIVE OF CAUSE ORORIGIN, RESULTS DIRECTLY OR INDIRECTLY TO PERSON OR PROPERTY FROM PERFORMANCE OR NONPERFORMANCEOF OBLIGATIONS IMPOSED BY THIS AGREEMENT OR FROM NEGLIGENCE, ACTIVE OR OTHERWISE,STRICT LIABILITY, VIOLATION OF ANY APPLICABLE CONSUMER PROTECTION LAW ORANY OTHER ALLEGED FAULT ON THE PART OF THE SECURITY PROVIDER, ITS AGENTS OR EMPLOYEES. NOSUIT OR ACTION SHALL BE BROUGHT AGAINST THE SECURITY PROVIDER MORE THAN ONE YEAR AFTER THEOCCURRENCE OF THE CAUSE OF ACTION THEREFOR, UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLELAW. IT IS FURTHER AGREED THAT THE LIMITATIONS ON LIABILITY EXPRESSED HEREIN SHALL ENURE TOTHE BENEFIT OF AND APPLY TO ALL PARENT, SUBSIDIARY AND AFFILIATED COMPANIES OF THE SECURITYPROVIDER.
15. Personal Information. The Customer confirms that the information he/she is providing to the Security Provider is true and complete and shall notify the Security Provider 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 the irrespective successor corporations, or any subcontractor or assignee of this Agreement. The Customer authorizes the Security Provider 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 the Security Provider and/or any subcontractor 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) would 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, in writing, the Security Provider, attention: Privacy Officer. The Customer may contact the Security Provider to obtain information about the Security Provider’s management of personal information and to address any complaints at the Security Provider’s address set forth on the first page of this Agreement. The Customer consents to the receipt of the Security Provider’s promotional material sand information concerning other services and products offered by the Security Provider via mail or email at the address (es) set forth in this Agreement, or as updated by the Customer from time to time.
16. Assignment. The Customer may not transfer or assign his/her rights pursuant to this Agreement without the prior written consent of the Security Provider, which consent may be arbitrarily withheld or delayed. The Security Provider 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 the Security Provider hereunder. Furthermore, the Security Provider shall be entitled to sub-contract any services it is to perform hereunder. This Agreement shall also endure to the benefit of and apply to any assignee, subcontractor or any other party performing any of the obligations provided for herein.
17. Force Majeure. The Security Provider 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 Security Provider shall use commercially reasonable efforts to recommence performance as soon as reasonably possible.
18. 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.
19. General. Failure by the Security Provider to require the performance by the Customer of its obligations pursuant to this Agreement or to enforce a right or recourse of the Security Provider shall not be deemed orinterpreted as a waiver or forfeiture by the Security Provider 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 British Columbia 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 British Columbia.
20. Failure to Pay or Honor Agreement. If you fail to make any payment when due or to honor any other term or condition of this Agreement, Wenner Security may stop providing the Services to you. Wenner Security has no liability if it stops providing the Services to you. Wenner Security does not waive, and retains the right to exercise, any other legal remedy, and/or interest on the unpaid amount and the right to report you to one or more consumer reporting agencies if you become delinquent on your Account (more than 90 days without a payment).
Information You Provide:
We may ask you to provide personal information when you visit our Sites, use our products, register for
a program or service, subscribe to a newsletter, respond to a survey, fill out a form, or in connection with other activities, services, features or resources we make available to you from time to time. We may ask you for: your name, title or position, email address, mailing address, phone number, financial information, and other personal information as appropriate. Additionally, we may request information about the Wenner products you use, or third-party products connected to your Wenner system, such as model or serial numbers. In the case of a technical issue, we may also collect information relating to a support or service incident. Please note that we do not intentionally collect any sensitive personal information relating to confidential medical facts, racial or ethnic origins, political or religious beliefs or sexuality; please do provide any of this type of information to us.
Your personal information and data files are stored on Wenner servers and the servers of companies we hire to provide data storage services to us. Wenner takes precautions including industry standard administrative, technical, and physical measures that are designed to safeguard the personal information collected from visitors and customers against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration and destruction. When you enter personal information on our forms, we encrypt this data using SSL or other technologies. These technologies are designed to protect the confidentiality of your personal information when it's transmitted over the Internet. Notwithstanding all of our efforts, no security controls are 100% effective and Wenner cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. In the event that your personal information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps in accordance with any applicable laws and regulations.
Wenner may also disclose your personal information to a third party if required to do so by law or if, in good faith, Wenner believes that such action is necessary to: (i) comply with the law or with legal pro-cess; (ii) protect and defend the Wenner rights and property or prevent fraud; (iii) protect Wenner against abuse, misuse or unauthorized use of Wenner products or services; or (iv) protect the personal safety or property of personnel, users or the public.
Wenner takes reasonable steps to ensure that your personal information we process is accurate, complete and current by using the most recent information provided to us. As a visitor or consumer, you are always entitled to access and update your personal information or modify communication preferences by contacting:
Wenner (O.R. Wenner LTD.)
101 1934 Boxwood Road
Nanaimo, BC, Canada V9S 5Y2