Professionally Monitored Service Agreement

Background

This agreement is between Flight Plan Digital P/L ABN 23 603 888 991 trading as LiveLife Alarms of 3/163-165 Brighton Avenue, Toronto, 2283 (‘LiveLife Alarms’); and the client named at Item 1 in Schedule 1 (‘Client’) and will take effect on the Commencement date noted at Item 2 of Schedule 1.

This agreement will be in effect for the specified period in Schedule 1 unless otherwise terminated in accordance with the terms and conditions of this agreement:

• Commencement date – as noted in Item 2 of Schedule 1
• End date – as noted in Item 3 of Schedule 1

Definations

The monitoring service

LiveLife Alarms agrees to provide alarm monitoring services to the Client as described in this Agreement.

LiveLife Alarms agree to monitor the Device 24hours a day, every day whilst this agreement is in effect.

In the event that the Device is activated, an Agent from LiveLife Alarms will attempt to speak with the Wearer to determine necessary next steps which may include:

• calling an ambulance or other emergency service to attend at the Premises
• call one or more Nominated Contact Persons, or
• take no further action, as is consider reasonably appropriate based on the conversation.

If the LiveLife Alarms agent is unable to speak with the Wearer they will call an ambulance or other emergency service to attend at the Premises.

False Alerts and Ambulance Costs

The Client agrees to bear the costs of any ambulance services dispatched due to a false alert initiated by the monitoring service.

Opt-out of Professional Monitoring

The Client may ‘Opt-out’ of the monitoring service for any reason, or no reason at all.

The Client must notify LiveLife Alarms of their intent to Opt-out of the monitoring service on, or before the 25th day of the month. Failure to provide such notice will result in the Client incurring the Monthly Monitoring Fee for the subsequent month.

When the Client elects to Opt-out they will:

• Be reassigned to the LiveLife Alarms’ Family and Friends monitored service model;
• Incur the ‘Opt-out fee’ as noted at Item 5 of Schedule 1. This fee is due and payable in all cases except where the Client has passed away or has moved into a care facility – evidence may be requested;
• Be liable for the annual Renewal Fee as noted at Item 7 of Schedule 1. Payment date for this fee will be determined by the initial purchase date and terms of engagement:
  • If the Client is new to Family and Friends monitoring, the Renewal Fee is due immediately, at the time of Opt-out;
  • If the Client was previously on the Family and Friends model, the Renewal Fee will be due on the anniversary of their initial purchase date, plus the number of months they were on Professional Monitoring.

Cancellation of Service

The Client may terminate the monitoring service for any reason, or no reason at all.

The Client must notify LiveLife Alarms of their intent to cancel the monitoring service on, or before the 25th day of the month. Failure to provide such notice will result in the Client incurring the Monthly Monitoring Fee for the subsequent month.

When the Client elects to cancel their monitoring service, LiveLife Alarms will deactivate the Clients account and the SIM card in the device. There will be a reactivation fee of $75 should the Client decide to reactivate the device at a later date.

There is no fee payable for the client to cancel the monitoring service.

Fees and Payment Terms

Monthly Monitoring Fee

The Client agrees to pay LiveLife Alarms the Monthly Monitoring Fee as noted in Item 4 of Schedule 1.

LiveLife Alarms will issue invoices on the final day of each preceding payment period.

Payment Frequency

The Client may elect to receive invoices in the following frequencies:

• 1 month
• 2 months
• 3 months (quarterly)
• 6 months (semi-annually)
• 12 months (annual)

The payment frequency will be at the option of the Client. A discount may apply for bulk order purchases. A fee schedule is documented in Item 6 of Schedule 1.

Invoice Payment Terms

Payments are due within 30 days of the invoice date. Non-payment of the invoice may result in LiveLife Alarms enacting its disconnection policy.

Refunds

If for any reason the client is not completely satisfied with their purchase, LiveLife Alarms have a 30 day return policy from the time the Client receives the goods. In order to enact the refund policy, the Client should email LiveLife Alarms at info@livelifealarms.com.au within that time if they are not satisfied with their purchase so that LiveLife Alarms can resolve any problems. The full refund policy can be found at the following link: https://livelifealarms.com.au/refund-returns/.

LiveLife Alarms goods come with guarantees that cannot be excluded under the Australian Consumer Law. Clients are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. Clients are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Disconnection policy

In the event of an unpaid invoice, LiveLife Alarms reserves the right to:

• cancel the professional monitoring service, or
• moved the Client over to the LiveLife Alarms’ Family and Friends service model if the client was previously on this service.

Term and Termination

This Agreement will start on the Commencement Date and will continue:

• Until the end date specified in Item 3, or
• on a month-to-month basis until terminated by either party in accordance with the terms of this Agreement.

Either party may terminate this Agreement by providing written notice to the other party before the 25th day of the month. Termination will be effective at the end of the current billing cycle.

General Provisions

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia.

Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to its subject matter.

Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Amendments

No amendment or modification of this Agreement shall be valid unless made in writing and signed by both parties.

Notices

All notices, requests, demands, and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally or mailed by certified mail, return receipt requested, postage prepaid, to the address specified above or to such other address as either party may specify in writing.

Acceptance of terms and conditions

By ticking this [box on the web page] or by filling out the form, you are agreeing to the terms and conditions of this service agreement, a copy of which will be emailed to you

Schedule 1