Visiconnex Personal Security Terms & Conditions
1. Definitions:
In this agreement the following definitions shall apply:
a. the ‘customer’ shall mean the company or person named as being the customer.
b. ‘Visiconnex’ shall mean ‘Visiconnex Ltd., Unit 19 Woodbine Business Park, New Ross, Co Wexford.
2. Payment:
a. The customer will pay full tracking and monitoring fees, as they apply, on the due date as specified overleaf.
b. These service contracts are provided for a minimum period of 12mnths.
c. The customer will pay full tracking/monitoring fees whenever the services are provided for part of the period to which that service charge relates.
d. The company reserves the right to amend the amount of the fees to take account of changes in the rate of Value Added Tax if applicable.
e. If any payment under this agreement is overdue the customer shall pay interest on the amount due to the rate of 6% per annum above Bank of
Ireland AA overdraft rate for the time being from the date the payment fell due to the date the payment is made.
3. The Tracking Service:
Visiconnex shall provide the following or such other service and facilities as it considers appropriate from time to time to track customer units:
a. access to the tracking facility via Safecom’s webpage, using the proline webviewer.
b. a unique pincode, password and user ID, to each customer which provides secure access to the tracking of their units.
c. a quick step user guide providing them with details on the use of their tailored service.
4. The monitoring service:
Visiconnex shall provide the customer with the following or such other service and facilities as it considers appropriate from time to time to monitor alarm calls made
by the customer:
a. a continuous service to receive alarm calls sent by the customer by means of the alarm call facility on the equipment.
b. as soon as practicable after it has been received Visiconnex shall relay the alarm call at its discretion to such available person nominated as the customer’s
emergency contact or to such available emergency service as Visiconnex considers appropriate.
c. Visiconnex may also, at is absolute discretion, supply any body or person so notified with details of the customer’s, as supplied to them.
d. Visiconnex shall base the exercise of its discretion on its understanding of the degree of emergency in each case following verbal contact with the customer and
on the details of the customer’s personal circumstances, supplied to it. In exercising its discretion, Visiconnex shall also be entitled to take into account all the
relevant information known to it.
e. if verbal contact cannot be established with the customer Safecom will treat the alarm call as a request to notify the appropriate emergency services/contacts.
f. Visiconnex will at all times be acting solely as the Agent of the customer in notifying any emergency service or emergency contact and no liability will be accepted
by Visiconnex for any charges made by an emergency service or emergency contact following a request for assistance by Safecom pursuant to an alarm call.
g. Visiconnex’s obligations under the monitoring service shall under no circumstances extend beyond the obligation to receive and relay alarm calls as set out above
and Visiconnex shall not be liable directly or indirectly for the failure of any third party(eg. any emergency service, emergency contact, keyholder or doctor) to
respond appropriately when notified of the alarm by Visiconnex.
h. Visiconnex will treat all information received by it in relation to the customer’s keyholder, emergency contacts or emergency service in connection with the
operation of the monitoring service as confidential.
5. The Maintenance Service:
a. Visiconnex shall provide the following maintenance service or such other maintenance service as it considers appropriate from time to time in respect of the
Equipment upon the terms and conditions set out hereafter:
a remedial maintenance service to maintain the Equipment in satisfactory operational condition including the replacement of all unserviceable parts or
components. Service response will be given as soon as possible usually within 24hrs of receipt of a service call and will be available seven days a week including
public and statutory holidays.
b.except as otherwise provided in these Terms and Conditions, no charge will be made for the first 12 months, from the date of activation by Visiconnex for this
Service in respect of labour or parts supplied to replace parts which are defective, faulty or otherwise unserviceable.
c.a maintenance service charge will apply to all units after the first 12 months.
6. The Customer’s Responsibilities:
a. The customer will observe Visiconnex’s operating instructions for using the Equipment and will not use the equipment except as specified therein.
b.The customer shall keep the equipment free from any and all damage, defect, fault or other failure which is caused by any circumstances other than fair wear
and tear including but not limited to:
i. all causes beyond Visiconnex’s control such as changes in electrical power or operating environment, accident, fire, theft and water damage.
ii. damage, defect, fault or other failure caused by the use of the equipment in conjunction with additions, accessories or attachments not
supplied by Visiconnex.
iii. damage, defect, fault or other failure caused by the negligence of the customer, or improper use.
c.The customer shall request the maintenance service of the company as soon as practicable after any damage, defect, fault or other failure in the equipment has
been noticed and shall not allow any person other than an employee or agent of Visiconnex to adjust, alter, repair, or interfere with the equipment in any way.
d.The customer shall not abuse or permit any person to abuse:-
i. the maintenance service in any way and in particular shall not make unnecessary service requests or cause a service visit to be aborted by not
providing access to the equipment at the time Visiconnex calls pursuant to a request for maintenance service.
ii. the monitoring service by making persistent calls without reasonable cause.
e. The customer shall notify Visiconnex of any details it requests concerning the emergency contacts, keyholders and doctors who may be contacted by the
company under the monitoring service in an emergency and to any changes therein. The customer shall ensure that persons named as emergency contacts,
keyholders and doctors are aware that they have been so named and are in agreement with their name being used for this purpose.
7. Breach by the Customer:
Without prejudice to Clause 7 hereof, if the company is unable to obtain access to the equipment or the relevant premises for any purpose or if the customer is in
any other way in breach of any of the terms and conditions of this agreement, the company reserves the right to withhold or terminate the maintenance service and
tracking service provided under this agreement or to levy such charge as is currently in force from time to time for any maintenance service or tracking service
provided thereafter, which charges shall be paid by the customer within 14 days of the date of Visiconnex’s invoice.
8. Termination:
Safecom may terminate this agreement forthwith if the customer:
a. fails to comply with any of the terms and conditions of this agreement or
b. has a receiving order in bankruptcy made against them or otherwise agrees to a scheme or arrangement with their creditors; or
c. abandons the equipment;or
d. dies.
9. Consequence of Termination:
In the event of Visiconnex becoming entitled to terminate this agreement (under clause 7 hereof) or in the event of the wrongful termination by the Customer of this
Agreement the company shall be entitled on demand to the payment of the following sums:
a. all sums outstanding under the terms of the agreement at the date of termination;
b. all sums payable for the remainder of the minimum period.
c. all sums payable in respect of any breach by the customer of the terms of this agreement.
10. Rights of Entry:
The customer will permit Safecom’s employees and agents to enter the premises where the equipment is or may reasonably be believed to be situated at all
reasonable times on reasonable notice to inspect, repair, adjust or service the equipment.
10. Limitation of Liability:
Visiconnex shall not be liable for any failure or delay providing the tracking service or the maintenance service including parts or components for the equipment
where such failure or delay is caused by:
a. any other breach of the terms and conditions of this agreement by the customer;
b. act of God, war, civil disturbance, strike or other labour dispute, storm, fire, flood, shortage of material, law, act or order of government or agency
thereof, or other cause or circumstance beyond Safecom’s control including, but not limited to, a failure or delay attributable to any electricity or
telecommunications network.
c. except for any liability which it may incur for death or personal injury resulting from the negligence of the company, the company shall not be liable in
any manner whatsoever whether in contract tort misrepresentation or otherwise for any direct, indirect, or consequential loss, damage, injury or death
howsoever caused which may arise out of or in connection with the service to be provided under this agreement. .
12. Fair Usage Policy:
a. Each SIM card is permitted one test call per month and is to be used only for emergency alarm situations. Any usage over or above emergency calls and one test call will be charged by monthly bill. For further information on payment see section 2.
13. General:
a. This agreement is made with the customer and the customer shall not at any time assign, pledge, mortgage, transfer or otherwise dispose in whole or in part of
any or all rights under this agreement. The company may at any time assign, pledge, mortgage, transfer or otherwise dispose in whole or in part of any or all the
rights under this Agreement.
i. No employee or agent of Safecom is authorised to make any alterations to these terms and conditions or to waive or vary the same.
ii. Any time or other indulgence granted by Visiconnex to the customer shall not affect the strict rights of the company under this agreement.