General conditions for security services
DEFINE
"Agreement" means the rental agreement from Videotech or from the relevant finance company including these
General Conditions, Videotech Special Conditions, the Service Description and any other
annexes attached to the Agreement. "Customer" means the customer/client specified in the Agreement.
"Videotech" refers to Videotech Sverige AB, org. no. 556864-8959.
"Customer" means the customer/client specified in the Agreement. "Videotech" refers to Videotech
Sverige AB, org. no. 556864-8959.
"Contract period" means the duration of the contract as set out in the contract, including any
extensions.
"Service Description" means the specification of the services and/or the
security facility provided by Videotech to the Customer under the Agreement.
"Services" means the services and/or security facility that Videotech shall
provide as specified in the Service Description.
"Facility" means the location(s) where the services are to be delivered, as
specified in the service description.
"Security Facility" means any technical security facility that Videotech
is required to provide as specified in the Service Description.
"Price" means the price charged by Videotech to the Customer for services provided according to
the terms of the Agreement and the price for any additional services agreed by the parties
. The price may vary from time to time in accordance with the terms of the agreement.
"Damage" means damage or loss under applicable law, including any and all claims,
losses, obligations, damages, actions, demands, costs and expenses (for example, all
reasonable attorneys' fees and court costs that a party may incur as a result of
or in connection with the provision of the Services under this Agreement).
"Finance company" means Videotech approved finance company used in specific
transactions to finance hardware and services delivered to the customer.
"Partner" refers to a subcontractor approved by Videotech such as a connected alarm center,
receiving station, or connected security company.
"In writing" includes any written communication signed by a person
with authority to represent the party, such as printed documents, faxes, e-mails and
other electronic means of communication. If it is stipulated that a handwritten signature
is required for the validity of a contract either in a contract between the parties or under Swedish law
then a qualified or advanced electronic signature is considered a handwritten
signature.
1. ENTRY INTO FORCE AND DURATION
1.1 Contract period
Conditions regarding the entry into force, duration and termination of the contract are set out in the
contract.
2. THE SCOPE OF THE MISSION AND THE PERFORMANCE OF THE SERVICES
2.1 Services and Equipment
Videotech undertakes to provide the Services to the Customer on the terms set out in the Agreement.
All equipment, software, materials and documentation supplied by Videotech
are the property of Videotech, unless otherwise agreed in writing between the parties.
2.2 Customer's instructions
Videotech is under no obligation to follow any instructions from the Customer other than those
included in the service description. If, during the performance of the services, the Customer gives
instructions that are outside the service description and that change or affect
the performance of the services, the Customer shall be solely responsible for all consequences resulting from
the instructions and shall indemnify Videotech in respect thereof.
2.3 Request for changes to the Services
Either party may request necessary and reasonable adjustments and/or additions
to the Services by written notice to the other party. If Videotech
such adjustments and/or additions require an adjustment to the price or contract, Videotech
the Customer shall be notified. The parties shall negotiate constructively any requested adjustments and/or additions
to the Services, the Price and the Agreement in general. For any changes
to the Services and related changes to the Price or the Agreement to be binding
on the parties, they must be approved in writing by an authorized representative of both parties.
If no agreement can be reached, the Services, the Price and the Agreement will
remain unchanged. The Customer understands that Videotech employees performing
the services are not entitled to agree with the Customer on adjustments and/or
additions to the services. Videotech shall at all times be entitled to make such changes to the agreement
as are necessary to ensure compliance with laws, regulations and official decisions
applicable to the services delivered under the agreement. Such changes shall be deemed
approved by the Customer unless the Customer objects in writing within 14
working days from the date the Customer was notified of the changes. If the changes
are contested, Videotech has the right to terminate the contract with ten days' written notice.
2.4 Personnel
The personnel delivering the services are employed by Videotech or subcontractors
engaged by Videotech. Videotech has the right to replace at any time the personnel assigned to
for the services.
2.5 Subcontractors
Videotech is entitled to use subcontractors to provide the Services.
Videotech is responsible for such subcontractors subject to the limitations of liability
imposed by this Agreement.
2.6 No Warranty
Videotech has no overall responsibility for the security of Customer's facility
and unless otherwise agreed in the service description, Videotech has not been engaged as a
security consultant. Videotech makes no representation, express or implied, that
the services will prevent loss or damage and does not guarantee the
performance of the services. Any security technology and alarm monitoring services are preventive
measures and tools to enable Videotech and partners of Videotech to detect, verify and remediate, to the best of
their ability, incidents that may result in damage to the Customer.
The Services and any security facility do not eliminate the risk of damage and
do not in any way replace the Customer's need to take out customary insurance.
The Customer accepts by its signature the scope and planning of the Services
and any security facility.
2.7 Signs
Videotech standard signs shall be erected by Videotech and in consultation with the Customer
at the guarded area. The signs are the property of Videotech and shall be removed upon
termination of the agreement.
3. OBLIGATIONS OF THE CUSTOMER
3.1 Cooperation
The Customer shall during the contract period cooperate and collaborate with Videotech and
thereby enabling Videotech to deliver the services under the best possible
conditions. This means, inter alia, that the Customer shall provide (i) a
safe, healthy working environment for Videotech's staff in accordance with applicable laws and
regulations, (ii) all necessary information and access and assistance
that Videotech may reasonably be required to perform the services without interruption (for
example, suitable office space and access to toilets, water/electricity etc.) and (iii)
immediate notification of any circumstances that may affect Videotech's safety, risk
or obligations under the contract or that may result in an increase in Videotech's costs of
providing the services.
3.2 Keys etc.
The Customer provides the necessary keys and codes for the performance of the Services.
Keys and other material and documentation are handled and stored in accordance with Videotech
and affiliated partners' established procedures. Upon termination of the agreement, Videotech and
relevant partners to Videotech have the right to destroy the keys after three months, if they have not
been collected by the Customer before then.
3.3 Work environment
The Customer is responsible for coordinating the work environment (Work Environment Act 3:7). In the event of new construction or
remodeling that affects Videotech's staff, Videotech an opportunity to make a statement shall be provided.
The Customer shall provide Videotech full information on the work environment regulations
and other safety regulations that the Customer applies to its own staff.
If the work environment deteriorates or the safety representative/authority requires greater safety for
the staff, Videotech the Customer is entitled to renegotiate the agreement or to discontinue the services.
4. PRICES
4.1 Price
The customer shall pay the price to Videotech or the relevant finance company for the delivery of the
services to the site as set out in the contract.
4.2 Adjustment of Fees
Videotech shall be entitled to adjust the price during the term of the Agreement upon 30 days' written notice
to the Customer if Videotech's costs for the provision of the Services should increase due to
(i) increased costs for staff salaries, fringe benefits or higher costs
for cars, transportation, materials or other equipment provided, (ii) changes in
insurance premiums and/or (iii) changes in taxes, health and safety requirements, legislation or
regulations covering the Services.
4.3 VAT and duties
All amounts payable under the Contract are exclusive of VAT and other applicable taxes and duties, which are payable by the Customer in addition to the price quoted.
5. PAYMENT
5.1 Payment
The customer will be invoiced in accordance with the agreement from Videotech or
the relevant finance company. Videotech and/or the relevant finance company is entitled to charge an
invoicing fee. Unless otherwise agreed, invoices shall be paid 30 days from
the invoice date, without right of set-off, to the recipient indicated on the invoice. On the claim
that is due for payment, Videotech and/or the relevant finance company is entitled to charge
penalty interest according to the Interest Act (1975:635). The Customer's failure to pay the claim
that is due for payment constitutes a material breach of contract by the Customer. If the Customer
has not disputed the invoice in writing within 30 days of the invoice date,
the Customer's right to dispute expires.
5.2 Suspension of services
In case of delayed payment, Videotech has the right to suspend the delivery of the agreed
services ten days after written notice to the Customer. The interruption does not release the Customer
from its obligations under the agreement.
5.3 Immediate cash payment
In case of non-payment due to liquidity problems of the Customer, Videotech may require
for the continued delivery of the services that the services already delivered and/or
or to be delivered are immediately paid in cash (regardless of whether they have been invoiced or
not).
5.4 Compensation for witnesses
In the event that Videotech personnel are summoned for questioning by the police or prosecutor's office or by
a court of law in connection with an event related to this agreement, Videotech the Customer is entitled
to receive compensation from the Customer for working hours and costs incurred during the questioning that
are not reimbursed from public funds.
6. DAMAGE
6.1 Liability for Damage
Videotech's liability for the Customer's damages and any other obligations and
liabilities in connection with the Agreement shall be limited as
set out in this clause 6. Videotech shall only be liable for damage that is a direct result of
Videotech's fault or negligence. The Customer fully understands and accepts that the price
is based on Videotech's and its Videotech affiliated partners' assessment of risk
and exposure, which is based on the information provided by the Customer, and
that the contract and the service description are conditional on Videotech's liability under the contract
being limited as set out in this clause 6.
6.2 Exclusion of liability for indirect and consequential damages
Videotech shall in no event be liable for any indirect or
consequential damages, such as loss of profit, pure economic loss, injury to third parties, loss
of data, loss of income or business, or loss of production. This shall apply even if
Videotech has been advised of the possibility of such loss or damage.
6.3 Limitation of liability in terms of amount
Videotech's obligation to compensate for damage arising in connection with the services
covered by the agreement shall, irrespective of the circumstances and any other terms and conditions of the agreement,
be limited to a total amount of no more than 100 percent of the contract value of the
current agreement.
6.4 Adjustment
If the Customer due to negligence or negligence has contributed to the damage
, Videotech liability shall be adjusted accordingly.
6.5 Time limit for claims
The Customer shall submit a claim to Videotech in writing and with
reasonable specifications no later than 30 days after the date on which the Customer became (or should have become)
aware of the event or circumstance giving rise to the damage. If the Customer
has not submitted a written claim to
Videotech within six months of the occurrence of the event, Videotech shall have no obligation to pay compensation to the Customer
in respect of the claim.
6.6 Third Party Claims
Provided that the damage/claim is not due to Videotech negligence,
the Customer shall indemnify Videotech against any damages that Videotech may incur
and claims that third parties make against Videotech arising out of or in connection with
Videotech the provision of Services under the Agreement.
7. INSURANCE
7.1 Insurance
Videotech shall, during the term of the contract, maintain insurance covering Videotech's liability
under the contract, in such amounts and on such terms as Videotech may be determined. Videotech's
liability insurance does not cover damage resulting from the Customer's acts
or omissions. It is the responsibility of the Customer to take out adequate business interruption insurance
for its own operations.
8. SUSPENSION
8.1 Termination
A party has the right to terminate the agreement with immediate effect if the other party commits
a material breach of contract and has not remedied the breach within 30 days of written
notice. Videotech is further entitled to terminate the agreement with ten days' written
notice if (i) liability insurance relevant to the agreement taken out by Videotech Videotech is terminated
or if there is a material change in Videotech's insurance cover, (ii) there are
changes in applicable laws, regulations or official decisions that have a material
effect on, or cause a material change in Videotech's obligations under the Agreement,
(iii) the Customer becomes insolvent, an application for insolvency proceedings or similar is filed
by or against the Customer or (iv) the Customer by act, omission or conduct
jeopardizes or risks jeopardizing Videotech's business or reputation.
8.2 Termination of Delivery
The Customer is responsible for payment of all services up to and including the termination date
in accordance with the Agreement. Upon termination of the Agreement, Videotech's obligations to
deliver the agreed services shall cease and Videotech access to the facility shall be provided for
retrieving any equipment, materials, software and documents (including
retrieving and/or destroying electronic documents and data) belonging to Videotech. If
the termination of the contract is due to a material breach of contract by the Customer, the Customer shall reimburse
Videotech for all costs incurred as a result of the breach of contract. Videotech is further entitled
to damages in an amount equal to 75% of the total amount of
remaining monthly fees for the contract period.
9. GROUNDS FOR EXEMPTION
9.1 Force majeure
The following circumstances shall, if they delay or prevent the performance by the party of
its contractual obligations, relieve the party of any obligation or performance under the contract for as long as
the impediment persists: any circumstance beyond a party's reasonable control
such as fire, war, mobilization, confiscation, currency restrictions, insurrection, civil
unrest, sabotage, hijacking or terrorist acts, government action, epidemic,
general shortage of transportation, materials or personnel, lockout, blockade, stoppage of safety representatives,
strike or other labor dispute, exceptional weather conditions, or defective or
delayed deliveries from subcontractors as a result of any of the above
circumstances.
9.2 Written notice
The party intending to request relief under clause 9.1 shall promptly notify the other party in writing
if such circumstances arise, including when
they cease.
9.3 Termination due to Force Majeure
Either party may, by written notice to the other party, terminate the Agreement with
immediate effect if the performance of the obligations under the Agreement is delayed for more than 30
days under any of the circumstances set out in clause 9.1.
10. CONFIDENTIALITY AND DATA PROTECTION
10.1 Confidential information
A party shall keep secret and shall not use or disclose to a third party any confidential
information received from the other party in connection with the Agreement, unless this
is required for the performance of its obligations under the Agreement. Information shall be deemed
to be confidential if it was designated as confidential at the time it was provided or if
the receiving party, having regard to the circumstances in which the information was provided,
understood or ought to have understood that it was to be considered confidential. Instructions and documents prepared by Videotech
shall always be considered confidential information under this
paragraph 10. Confidentiality does not apply to information that (i) is or becomes publicly available without
breach of contract, (ii) was already known to the other party prior to its disclosure, (iii)
is prepared by the other party without any use of confidential information,
(iv) obtained without any restrictions on its use from a third party that
the other party has reason to believe is entitled to disclose such information without breaching
any obligation of confidentiality; (v) disclosed with the written consent of the party
providing the information; or (vi) disclosed pursuant to a mandatory order of a court or
authority.
10.2 Protection of personal data
The Customer is the data controller for the personal data that may be
collected and processed in connection with the services and Videotech processes such
personal data on behalf of the Customer as a data processor. Videotech
undertakes to process the personal data in accordance with the Customer's written
instructions in the service description. The Customer is responsible for ensuring that the instructions are
updated and comply with applicable laws and regulations and that any
necessary consents have been obtained. Videotech shall take appropriate technical and
organizational measures to protect the personal data processed, taking
into account the technical possibilities available, the costs of the measures, specific
risks associated with the processing and the sensitivity of the personal data processed
. If the contract includes camera surveillance, the same shall apply to the
processing of images from such surveillance.
10.3 Mobile apps/web clients
If the Customer has access to a web-based administration account, the Customer is
the data controller for the processing of personal data that takes place in connection
with the use of this and is responsible for establishing the necessary user rules
in compliance with applicable legislation. Videotech does not guarantee the availability
of such an account and is entitled to take measures that affect the availability for e.g.
technical, maintenance, operational or security reasons.
10.4 Instructions, Signs, Drawings
All instructions, system solutions, drawings, signs, technical equipment and other
documents and materials intended for the performance of the Services by Videotech and provided to the Customer by
Videotech Videotech shall remain the property of Videotech and may not, without
Videotech's written consent, be used by the Customer or copied, reproduced,
disclosed or otherwise used.
11. OTHER
11.1 Independent Contractor
Videotech is an independent contractor and nothing in this Agreement creates
any form of partnership or agency relationship.
11.2 Invalidity of terms
If any provision of the contract is unenforceable, the provision shall be modified and
drafted in such a way that it is enforceable to the extent possible under applicable law
and all other Terms shall continue to apply. If the unenforceable provision cannot
be modified, it shall be deleted from the contract and all other Terms in the contract shall continue to
apply.
11.3 Order of precedence
If the different parts of the contract are contradictory, the contractual documents shall apply in the following
order: (i) the rental agreement (ii) the service description as per order (iii) these General Terms and Conditions and
any additional documents attached to the contract.
11.4 Notices
All notices under the Contract shall be in writing and sent by courier, fax, letter or
(if agreed) email, served on the other party at the address set out
on the Contract or at any other address specified by the other party in writing. Any
notice sent shall be deemed to be received as follows: (i) delivered
personally, on delivery; (ii) by courier, on delivery; (iii) by letter, three working days
after posting; (iv) by fax, on receipt; (v) by email on receipt by
email holder authorized to represent the party.
11.5 Assignment
Neither party may assign the contract without the prior written
consent of the other party.
11.6 Entire Agreement
This Agreement and its attachments constitute the entire agreement between the parties and supersede all
prior agreements and correspondence, oral or written. Any representations, promises or
agreements not contained in the Agreement and its attachments shall have no
validity.
11.7 Amendments and supplements
Amendments and supplements to the contract are only binding if approved in writing by
an authorized representative of both parties. Amendments or supplements to Videotech General
or Special Terms and Conditions are only binding if signed by the parties themselves.
12. DISPUTE
12.1 Responsibility Law and disputes
Swedish law shall apply to this agreement. Disputes arising from this
agreement shall be finally settled by arbitration in accordance with the Arbitration Rules of the Gothenburg
Chamber of Commerce. The seat of the arbitration procedure is Gothenburg. Videotech has, however, the right to bring an action against the Customer in a
public court regarding payment and related issues.
SPECIFIC CONDITIONS FOR THE PROVIDED TECHNICAL SECURITY FACILITY
1. SCOPE
1.1. The scope of the security facility provided is set out in Videotech's
material specification.
2. DELIVERY AND INSTALLATION
2.1. Videotech undertakes to deliver and install the security installation at the agreed
location according to the agreed schedule.
2.2. The handover of the security installation includes a demonstration to the operator(s)
appointed by the Customer. The Customer is responsible for ensuring that the operating and
maintenance instructions provided are followed by all persons who have access to the
premises where the equipment is located.
2.3. Videotech is entitled to charge the Customer the full agreed compensation from the time
Videotech has installed the security system. If the installation is delayed due to
circumstances for which the Customer is responsible, Videotech is entitled to start charging from
and with the time when the installation would otherwise have taken place.
2.4 If the delivery of the security installation is delayed due to circumstances
for which Videotech is not responsible, Videotech is entitled to charge the Customer any
additional costs incurred as a result of the delay.
2.5. Otherwise, the parties are not liable for any damage caused by delay.
3. MODIFICATION OF THE SECURITY INSTALLATION
3.1 The customer is not entitled to make changes or extensions or other interventions
in the security installation. Any modification work and extensions must be carried out by
Videotech . The customer is responsible for ensuring that any rebuilding or changes in the environment do not
disrupt or affect the function of the security system.
3.2 If the material specification of the security facility changes after revision or
reconstruction, Videotech the right to change the agreed monthly cost in
a corresponding degree.
3.3. Videotech has the right from time to time to replace the agreed equipment in terms of
manufacturer and model to an equivalent standard of another manufacturer or model, under
the condition that this does not affect the quality of the service or otherwise is detrimental to
the Customer.
4. DISPOSAL AND OWNERSHIP
4.1 The provided security device is and remains the property of Videotech or the relevant
finance company and the Customer does not acquire by virtue of this agreement any
ownership of the security device.
4.2 The Customer may not transfer, pledge or otherwise dispose of the
security installation or any part of it in such a way that Videotech's or the relevant
finance company's ownership or other rights to the security installation are compromised in any
respect.
4.3 The Customer is not entitled, without Videotech's written consent, to move the
security installation from the operating site specified in the agreement.
4.4. The security installation may not be incorporated into the Customer's or any other person's real
property or building in such a way that it becomes an accessory to such
property.
4.5 The security system shall be returned at the end of the contract. Dismantling
is carried out by Videotech or the person Videotech designated by the Customer. All costs associated with
taking back the security system shall be paid by the Customer.
4.6. Videotech has the right to provide the security installation with a clear sign indicating that
it belongs to Videotech.
5. TECHNICAL AUDITS, PREVENTIVE MAINTENANCE AND SERVICE
5.1. Videotech is responsible for the technical audit, preventive maintenance and repair
of the security installation to the extent specified in the contract and under the conditions
set out below.
5.2. For those rental agreements covered by free service , up to 3 service visits per
calendar year are included. Free service applies only to material, software and
installations supplied by Videotech . Repair and maintenance work is carried out during regular working hours.
5.3. The following are not included in the agreed monthly cost or in free service but are performed
by Videotech for a special fee according to Videotech the price list applicable at any given time:
a) Service measures or rectification of faults or deficiencies in the security system
caused by burglary, vandalism, fire or water damage, natural disaster, thunder,
incorrect voltage or other external influences such as trees, bushes or other things that
disrupt the operation or function of the security system.
b) Loss of or damage to the security system caused by
relocation, remodeling, improper maintenance or repair by anyone other than
Videotech's personnel or failure to follow Videotech's instructions regarding
maintenance of the security system.
c) Failure or damage to the security system caused by equipment
other than that included in the security system or modification of
the security system or other work carried out by anyone other than Videotech or
Videotech approved partner.
d) Material, labor and travel for the replacement of rechargeable batteries, batteries
and other consumables.
e) Cleaning or replacement of detectors in the fire alarm system.
f) Test of external control or function not provided by Videotech.
5.4. Videotech does not guarantee that the security installation will always function properly.
Back-up procedures, meaning measures that compensate for the loss of the
provided security installation function, are included only to the extent specified
in the contract.
5.5. In the event of repeated malfunctions or error messages, Videotech you have the right, when
necessary, to disconnect the security system in whole or in part and conduct a
test period of up to three weeks. During this test period, no call-outs
or other action will normally be taken.
5.6 The cameras supplied by Videotech may include a so-called timelapse function
("Timelapse"). The customer understands that Videotech does not take any responsibility for
the Timelapse function or the result it produces. The Customer acknowledges that
he/she has no right to claim against Videotech for any errors
or defects in Timelapse, of whatever nature.
6. OBLIGATIONS OF THE CUSTOMER
6.1 It is the Customer's responsibility to take good care of the security installation so that it is in good and
working order and to ensure that the security installation is not subjected to anything other than
normal wear and tear.
6.2. The Customer undertakes to provide Videotech's personnel with access to the premises, area,
facilities and systems for the performance of Videotech's obligations under the
agreement. Videotech is entitled to inspect the
security facility and license usage at any time during the agreement period.
6.3 The customer is responsible for ensuring that lifting devices and other equipment as well as the workplace in
general meet the requirements of applicable work environment legislation.
6.4 The customer shall ensure that Videotech has free access to a parking space,
sanitary facilities, electricity, changing facilities for staff and that staff can
consume the food they have brought with them and, if necessary, also aids such as ladders, scaffolding or
lifting devices, which are required for Videotech to be able to fulfill its obligations.
6.5 Any preparatory work to be carried out by the Customer under the agreement shall
be carried out in accordance with Videotech's instructions. They shall be completed by the time
of the commencement of the installation and the Customer shall on completion submit drawings and
other information relating to the work to Videotech.
6.6 If the Customer fails to fulfill its obligations under this paragraph,
Videotech is entitled to compensation for the additional costs incurred.
6.7. Painting, refinishing and repair work on property and
existing property during the installation, maintenance, repair or dismantling of the
security system is paid for and carried out by the Customer.
7. PERMITS
7.1. The Customer is responsible for applying for and maintaining any permits from
authorities and third parties and for making any notifications required at any time
for the installation and use of the security system. The customer is particularly responsible for
compliance with the Personal Data Act, the Camera Surveillance Act and any copyright laws
and for obtaining any necessary consents.
8. ALARM RECEPTION AND RESPONSE
8.1 In cases where alarm signals and/or image services are to be transmitted to
partner approved by Videotech such as a receiving station or alarm center, a special alarm instruction
regarding the measures to be taken in the event of a registered alarm signal and, where
applicable, switching on and off times for the security system shall be agreed in accordance
with the SPECIAL TERMS AND CONDITIONS FOR VIDEOTECH'S CONNECTED ALARM CENTER SERVICES.
Furthermore, a special instruction regarding the measures to be taken in the event of
a registered alarm signal and, where applicable, switching on and off times for the
security system shall be agreed.
9. INSURANCE AND LIABILITY
9.1 The customer is responsible for ensuring that the security installation is adequately insured against interruption and
additional insurance.
9.2. If the security system is damaged or lost and the damage or loss
is covered by the insurance compensation paid, all compensation shall without restriction
accrue to Videotech. However, any compensation from business interruption insurance or
supplementary insurance taken out by the Customer shall accrue to the Customer. In addition to the insurance compensation
, Videotech shall be entitled to receive compensation from the Customer for any
excess amount that Videotech has to pay.
9.3 The customer is liable through no fault of its own for any loss of or damage to the
security facility that is not covered by the customer's insurance or insurance via
financial company.
9.4. The Customer shall indemnify Videotech against any claims arising from damage to persons or property caused by the
security installation.
9.5. Videotech shall not be liable for any direct or indirect damage or loss arising
from any defect or deficiency in the security system or from the total or partial failure of the security system
.
10. SOFTWARE
10.1 The software included in the security system is the property of Videotech
or licensed by Videotech a third party. The Customer is only entitled to use
the software during the contract period and only to the extent and with the number of
licenses specified in the contract. The software may only be used by the Customer
for the operation of the security system and the Customer has no right to sublet or rent the software to third parties in any
form. Furthermore, the Customer is not entitled to
modify, develop or decompile the software.
SPECIAL CONDITIONS FOR VIDEOTECH'S CONNECTED CALL CENTER SERVICES
1. SCOPE
1.1. Videotech undertakes to keep
personnel and technical equipment at the alarm centers of partners connected to Videotech updated so that the agreed transmission of alarms
or other services from the connected alarm center can be carried out.
2. ACTION INSTRUCTION
2.1 The Customer shall submit to Videotech information on how incoming alarm messages
will be dealt with through a written alarm instruction and contact person list. It is the responsibility of
Customer to keep these updated/up-to-date.
2.2. If the Customer has not given Videotech an alarm instruction, Videotech and its
partners have the right, but not the obligation, to take such measures at the Customer's expense as
they deem to be reasonably related to the alarm message.
2.3. When recording alarms, messages or setting signal codes,
shall consult with Videotech. If alarms or messages are to be sent to the Customer according to
the Customer's own on-call list, this must be sent to Videotech without request in good time before
the agreement enters into force.
2.4. Videotech is entitled to charge a separate fee for each receipt of an alarm signal or
message and each action taken in response to it that is not covered by the contract or
by the applicable action instructions.
2.5. Videotech and the connected partner's emergency preparedness begins at the earliest when
Videotech has received the Customer's written alarm instructions and access to keys or code.
In the case of new installation, relocation or modification of a security system, Videotech has the right to conduct a test period if necessary
.
3. MANAGEMENT OF ALARM MESSAGES
3.1. Any agreed response frequency/time and the extent of this may on occasion deviate from what has been agreed upon.
3.2. Videotech and its partners have the right to temporarily discontinue alarm transmission
to the emergency services in case of repeated false alarms, or in case of three or more alarms within 24
hours, until corrective measures/service have been taken.
3.3. Videotech and its partners are not liable for damage resulting from interruptions, disturbances
or similar beyond Videotech's control on telecommunication and data communication between
the Customer's facility/terminal and Videotech's partners' receivers.
3.4 If it can be assumed that an alarm has been triggered and/or an image has been sent due to external factors
such as weather, changes in the external or internal environment or something else for which the Customer is responsible
such as operational errors, Videotech and its partners are entitled to charge a special
fee for the action taken.
3.5. The following applies unless otherwise agreed. The customer shall, at its own expense, ensure that
the security system is in working order and that it is maintained so that false alarms do not
occur and, in the case of image transmission, that poor image quality and incorrect image transmission do not
occur.
3.6 If the services ordered by the Customer exceed the time calculated in connection with the agreement
, Videotech has the right to adjust the price of the agreement
corresponding to the deviation from what was agreed at the conclusion of the agreement.
3.7. If a partner's alarm center connected by Videotech cannot verify the cause of the alarm
when an image is used for alarm verification, Videotech has the right to take such action as
Videotech deems necessary for the alarm, e.g. to send security guards
to the site for inspection at the Customer's expense if no other action is stated in the action instruction.
4. ALARM RECEPTION WITH POSITIONING (GPS)
4.1 The service Videotech Trygghetslarm includes, in addition to alarm reception and
alarm transmission, technical equipment including SIM cards that Videotech provides
during the contract period. Technical equipment provided, including SIM cards, is Videotech's
property and must be returned on termination of the agreement. The customer is responsible for the costs of
returning the equipment.
4.2. The provided SIM card may only be used for alarming from the provided
alarm unit. Videotech is entitled to charge the Customer for traffic fees incurred in other
use.
4.3 The customer is liable, regardless of fault, for loss of or damage to
provided equipment owned by Videotech.
5. OBLIGATIONS OF THE CUSTOMER
5.1 The customer is responsible for terminating any existing agreements from suppliers other than
Videotech regarding alarms, alarm reception, other camera systems, service and other
services.
5.2. The customer shall provide accurate information on the meaning and scope of the agreement to the
staff and any tenants and other persons affected by the agreement.
5.3. It is the Customer's responsibility, at Videotech's request, to remedy conditions in the Customer's
environment that cause false alarms. In the event of repeated false alarms from the camera, Videotech the Customer is entitled to
make the necessary changes to the configuration of hardware or software to filter out
false alarms. The customer shall hold Videotech harmless in the event of damage that has not been preceded
by a triggered alarm.
5.4 If the Customer's negligent act or omission causes Videotech
damage, Videotech has the right to terminate the agreement with immediate
effect and the Customer shall indemnify Videotech for material, personal or
financial damage resulting from such negligence.
5.5 In addition to what is stated in this agreement, the Customer's (alarm holder's)
obligations are governed by the Act (1983:1097) with certain conditions on alarm systems etc.
5.6 When the agreement is terminated, the Customer shall, at its own expense, disconnect the alarm transmitters
that communicate with Videotech's connected partners' alarm center so that
the alarm transmission ceases. If it can be ascertained at the alarm center that alarm signals
have been received from the terminated object, Videotech the Customer is entitled to charge a fee even though
the Customer's agreement with Videotech has been terminated.