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Warranties and Liabilities
We will use Our best endeavours to provide the Monitoring Services with due diligence. To the extent permitted by law,
We will not be liable to You for any loss or damage You may suffer in the use of the Monitoring Services other than loss or
damage which results from a deliberately wrongful, unlawful or negligent act of Us or Our employees or sub-contractors, in
which case We will be liable to You for direct loss only and only to a maximum aggregate of $10,000.00.
To the extent permitted by law, We exclude all implied warranties and conditions. If any law does not allow Us to so
exclude implied warranties and conditions, to the extent permitted by law Our liability for same is limited to Us re-supplying
the relevant Monitoring Services to You or paying to You the costs of having those Monitoring Services re-supplied.
Term and Termination
Subject to this section, this agreement will remain in force for 12 months and will be automatically renewed after the initial
term until terminated by either party by prior written notice of at least 30 days. If at any time during or after the initial term,
We find it necessary to alter the wording of this agreement and expect that you will agree to such new wording.
We may immediately terminate this agreement and the Monitoring Services at any time should:
You breach any of the terms of this agreement; or
We not receive timely payment for the Monitoring Services; or
Our Monitoring Services provider receives such number of system signals which, in Our opinion are excessive, or We are
unable to obtain the rights or means to transmit signals between Our Monitoring Services provider and Your premises; or
You commit an act of bankruptcy, make any arrangement or composition with Your creditors, have a receiver or manager
appointed over any part of Your undertaking or assets, have any petition presented for Your winding up or go into
liquidation on a voluntary or compulsory basis; or
Our agreement with Our Monitoring Services provider is terminated; or
You not wish to agree to any new wording of this agreement.
You may terminate this agreement and the Monitoring Services by providing not less than 7 days written notice to Us
should:
We breach any material term of this agreement and not remedy same; or
You not wish to agree with any new wording proposed by Us for the agreement, or
You not wish to agree with any new fees proposed by Us, provided that Your 7 days written notice is provided not later
than 21days after those new fees are proposed by Us, and You pay all variable fees at Your then agreed rates up to the
effective date of Your termination notice, and that in relation to any fixed component of the fees, You also pay those fees
up to the end of the then current billing cycle period.
On termination of the agreement You must cease using the Monitoring Services and promptly destroy any of Our
confidential information.
Intellectual Property
All information on this website, all documentation, plans, procedures, logos and other material provided by Us to You is
Our intellectual property or the intellectual property of other persons. You must not use any of this information,
documentation, plans, procedures or other material for any other purpose than for the purpose of receiving the Monitoring
Services.
Acknowledgement
You acknowledge that the Equipment installed in the Premises and the supply of the Monitoring Services may not prevent
unlawful entry occurring and may not be available at all times, and accordingly loss or damage to property and death or
injury to persons may occur even though Our obligations to You under this Contract have been fulfilled and that We make
no representation in this regard.
You acknowledge that You will not, and You will not allow third parties, to copy, modify, prepare derivative works or
translation based upon, decompile or reverse engineer any part of this website or the software relating to same.
You acknowledge that You will ensure that no worms, viruses, malicious or harmful codes are introduced to this website
through Your system.
You acknowledge that You will use reasonable efforts to ensure that Your premises are safe when Guards attend the
premises to provide services.
You acknowledge that You agree that We may sub-contract to a third party all or part of the Monitoring Services detailed
in this agreement at Our absolute discretion.
You acknowledge this agreement is conditional upon compatibility, to Our satisfaction, between the equipment installed by
Our Monitoring Services providers and equipment installed at Your premises.
You acknowledge that You shall, through Us or a qualified licensed technician, carry out regular testing of Your system
and the connection with Our monitoring provider, comply with all operating and maintenance instructions in relation to the
system, fix any defects without delay and otherwise do all things to maintain Your system in good working condition.
You acknowledge that the fees are based solely on the value of all services provided and are unrelated to the value of
Your property or the property of others located at Your premises.
You acknowledge that whilst We will use Our reasonable endeavours to ensure that the equipment, control unit,
communication device, or the telephone network connection relating to the Monitoring Services will perform or operate
correctly and will in all cases perform the purpose for which they were designed, We cannot guarantee same.
