(if applicable)
In this Condition 17, the following words and expressions have the following meanings:
“Alarm Response Documentation” means the documents produced by the Company which sets out the Keyholder details, the alarm response plan as agreed between the Company and the Client and other associated documents.
“Confirmed Alarm” has the meaning given to it in the Alarm Response Documentation.
“False Alarm” has the meaning given to it in the Alarm Response Documentation.
“Keyholder” means the person(s) designated by the Client that should be contacted by the Company as set out in the Alarm Response Documentation.
“Monitoring Centre” means the Company’s alarm receiving centre, remote video receiving centre, or any other monitoring centre the Company may use from time to time.
“Monitoring Services” means the remote monitoring of relevant equipment or systems, including building automation, heating, ventilation and air conditioning (HVAC) equipment, industrial refrigeration, and fire, break-in, or other personal protection security systems for the notification of alarms and events through the Monitoring Centre.
“Standards” means the relevant Irish Standards issued by the National Standards Authority of Ireland and/or industry standards as recognised by the Private Security Authority which are applicable to the Monitoring Services at the time the Monitoring Services are provided to the Client.
“System” means the system of hardware and software installed at the Client’s premises and as set out in the Quotation or Alarm Response Documentation.
| 17.1 | Where the Company provides Monitoring Services to the Client, this Condition 17 shall apply. | |
| 17.2 | The Company will use reasonable endeavours to provide the Monitoring Services in accordance with the relevant and applicable Standards. | |
| 17.3 | If the Company provides Monitoring Services in relation to any equipment in the Client’s premises which the Company has not expressly agreed to maintain under the Contract: (the “Excluded Equipment”): | |
| 17.3.1 | the Company assumes no responsibility whatsoever for the maintenance, operation, actuation, non-actuation, or needless or erroneous actuation of the Excluded Equipment, and this is the sole responsibility of the Client; | |
| 17.3.2 | the Monitoring Services may be terminated at any time by the Company if, as a result of the Client’s failure to maintain the Excluded Equipment in good operating condition, the Company is unable to provide the Monitoring Services. The Company shall not be liable for any damages or subject to any penalty as a result of any such termination or inability to provide the Monitoring Services; and | |
| 17.3.3 | any repairs to or the replacement of the Excluded Equipment by the Company will be charged to the Client on a time and materials basis at the Company’s then current rates. | |
| 17.4 | If the Company is not providing any maintenance services under the Contract, the Client shall maintain the System in good working order and ensure the System is capable of receiving the Monitoring Services at all times. | |
| 17.5 | Prior to the commencement of the Monitoring Services, the Client will test all detection devices, sensors, or other equipment connected to the Monitoring Service according to the procedures prescribed or notified by the Company to the Client prior to setting the System. The Client must notify the Company promptly if such devices, sensors or equipment fails to respond to any such test. The Client is responsible for having in place and maintaining the necessary connections and equipment required to transmit signals from the System to the Monitoring Centre. The Client shall also be responsible for actioning any required IP address assignments and additional network software licencing. | |
| 17.6 | The Company shall only be required to carry out the actions at Conditions 17.7, 17.8 and 17.9 where the Alarm Response Documentation has been entered into by the Company and the Client and the information required in order for the Company to respond as agreed in the Alarm Response Documentation has been provided. The Company shall have no Liability to the Client for any failure to contact Keyholders where accurate and updated Keyholder details have not been provided by the Client to the Company. It is the Client’s sole responsibility to ensure that the Keyholder details provided to the Company are correct and remain up-to-date at all times. | |
| 17.7 | If a Confirmed Alarm registers at the Monitoring Centre, the Company will use reasonable endeavours to contact the Client’s Keyholder as agreed in the Alarm Response Documentation, to verify whether or not the alarm is a False Alarm. | |
| 17.8 | If the Company has been unable to confirm that the Confirmed Alarm is a False Alarm pursuant to Condition 17.7, the Company will use reasonable endeavours to notify the appropriate persons (such as the police, fire department, other private security service or emergency response provider and/or Keyholder, as relevant to the type of Confirmed Alarm) as agreed in the Alarm Response Documentation. | |
| 17.9 | Where an alarm is triggered but that alarm is not a Confirmed Alarm, the Company will at its sole discretion, contact the Client’s Keyholder as agreed in the Alarm Response Documentation. If the Company is unable to contact the Keyholder promptly or is unclear regarding the nature of the response received upon such contact, the Company shall use reasonable endeavours to follow the process agreed with the Client in the Alarm Response Documentation. | |
| 17.10 | If the Company fails to contact the Client’s Keyholder, the Company will use reasonable endeavours to notify the appropriate persons (such as the police, fire department, or other private security service or emergency response provider, as relevant to the type of Confirmed Alarm) as agreed in the Alarm Response Documentation. If a guard response service is being provided, the Company will, for an alarm that requires police response, use reasonable endeavours to dispatch a Company representative to make an investigation of the exterior of the premises from their vehicle. Upon evidence of an attack, the Company will use reasonable endeavours to notify the appropriate police department. The Company will not arrest or detain any person. | |
| 17.11 | The Client acknowledges that the Company will have no Liability pertaining to recording (or failure to record) or publication of any two-way voice communications, internet or other video recordings, or the quality of such recordings, if any. | |
| 17.12 | The Client acknowledges that the System may not operate with any additional or replacement hardware or software provided by any party other than the Company. | |
| 17.13 | If the Client cancels any Monitoring Services, this may prevent the Client from continuing to use the System. The Company shall have no Liability to the Client for any losses suffered as a result of the Client being unable to use the System due to it cancelling a Monitoring Service. | |
| 17.14 | The Client acknowledges that local laws and governmental policies may restrict or limit the Company’s ability to provide certain Monitoring Services and/or necessitate modified or additional services and expense to the Client. The Client also acknowledges that the Company may employ measures in accordance with the Standards in order to help reduce occurrences of False Alarms, including but not limited to, implementation of industry recognised default settings on alarm panels, including those authorised under the relevant Standards, implementation of “partial clear time bypass” procedures of the Monitoring Centre, and/or other similar measures employed by the Company periodically at the Company’s sole discretion. The Client acknowledges that these measures may result in no alarm signal being sent from an alarm zone in the Client’s premises after the initial activation until the Client manually resets the alarm system. | |
| 17.15 | The Client understands that, upon receiving notification that a fire or carbon monoxide signal has been received by the Company, the police, fire department or other responding authority may forcibly enter the Client’s premises. The Company shall have no Liability to the Client for any damage to property resulting from a responding authority forcibly entering the premises following a fire or carbon monoxide signal. | |
| 17.16 | If the Client chooses the Company approved cellular backup service, alarm signals may be transmitted to the Monitoring Centre from Client’s premises over a cellular communications network if the Client’s primary telephone service is interrupted. | |
| 17.17 | The Client represents and warrants that it has obtained all consents and has the right to disclose to the Company all personal information disclosed hereunder concerning individuals, employees or other third parties including all formation and included in the Client’s medical list (if applicable), and permits the Company to collect (including consent to record telephone conversations with the Company) use, disclose and transfer such personal information, and expressly authorises the Company to use such personal information to administer the relationship and the Contract between the Client and the Company, including, but not limited to, contacting the Client’s personnel at the telephone numbers and e-mail addresses provided, using SMS, text, pre-recorded messages, or automated calling devices to deliver messages to set/confirm a service or installation appointment, and/or to provide information or offers about products and services of interest to the Client. The Client acknowledges and agrees that the Company may share all such information with the Company’s Group Companies. | |
| 17.18 | The Client acknowledges that the Monitoring Services are not guaranteed to be uninterrupted and may be subject to periods of downtime. | |
| 17.19 | The Client acknowledges that the Company shall have no Liability to the Client whatsoever in relation to any losses, costs liabilities or expenses suffered as a result of downtime in the Monitoring Services/ability of the System to detect and or send alarms: | |
| 17.19.1 | arising out of connectivity issues, irrespective of whether they have been caused by the Company (including but not limited to issues with internet, phone lines, phone signals and loss of electricity); | |
| 17.19.2 | arising out of network issues (irrespective of whether they have been caused by the Company); | |
| 17.19.3 | arising out of tampering of the System by the Client or a third party; | |
| 17.19.4 | during any other periods of scheduled downtime whatsoever that have been notified by the Company to the Client (for example during upgrades, maintenance, or repairs); or | |
| 17.19.5 | in the event of non-payment by the Client of any invoices in accordance with Condition 8. | |
| 17.2 | The Company will (where reasonably practicable) notify the Client of any loss of connectivity or any downtime of the System in accordance with the relevant Standards. Upon notification from the Company, the Client will be responsible for putting in place suitable temporary security measures. The Company shall have no Liability to the Client for any losses, damages, costs or expenses the Client may suffer due to a failure by the Client to put in place appropriate security measures. | |
| 17.21 | The Company shall have no Liability to the Client for any losses, damages, costs or expenses the Client may suffer as a result of any deficiency in the System resulting from the Client’s own instructions or by those a third party (e.g. the position of motion sensors). | |
| 17.22 | The Client acknowledges that the successful provision of the Monitoring Services is contingent on the Client providing the Company with accurate, timely and sufficiently detailed information on request. | |
| 17.23 | The Client acknowledges that the Monitoring Services are not a substitute for employing common sense safety practices, and the Client will take all reasonable steps to ensure the premises are kept safe and secure. | |
| 17.24 | If the Quotation has been signed on behalf of the Client by a property manager of the premises which will be receiving the Monitoring Services, or a Purchase Order has signed by such property manager and the Company, the Client and the property manager warrants and represents that it has the express agency and authority to bind the Client to the terms of the Contract and to the terms of any such Quotation and/or Purchase Order which the property manager or its representatives may sign. |
