1. Definitions
"Data" means any information given to the Supplier by
the Subscriber or the Member;
"Data Form" means the request for information sent to
the Subscriber by the Supplier which must be completed prior to
registration;
"Member" means the person whose information has been given
to the Supplier and who will be tracked by the System when activated;
"Mobile" means the mobile telephone handset used by the
Member, the details of which have been given to the Supplier for
the purpose of tracking the Member;
"Landline" means the fixed-line telephone handset used
by the Member, the details of which have been given to the Supplier
for the purpose of tracking the Member;
"Device" means the medium from which an alert will be
triggered. Such devices are Landlines, Mobiles, or any dedicated
devices supplied by Alert Limited;
"Networks" means O2, Orange, T-Mobile and Vodafone and
Network means any one of them;
"Opt-In" the method by which Members activate the System,
details of which will be provided on registration;
"Payment" means the payment of the price per Member for
the use of the System, as notified by the Supplier to the Subscriber;
"Subscriber" means the person or company who is responsible
for the Payment;
"Supporting Systems" means the Microsoft mapping system
and the location system;
"System" means the Safe-T user-activated alert and tracking
system.
2. Agreement
The Supplier agrees that it will supply the benefit of the System
to the Subscriber in return for the Payment.
3. Price and Payment
3.1 The Subscriber will pay the Payment to the Supplier in respect
of each Member registered with the Supplier;
3.2 Payment will be made either in annual or quarterly instalments,
the latter of which may very depending on the number of Members
registered during each quarter.
3.3 Standard text charges raised by the Networks will apply on any
Opt-In (or subsequent opt-out) or any alert raised;
3.4 No payment will be taken from the Subscriber until the required
forms are returned to Alert Limited correctly signed as laid down
in the information pack;
4. Subscriber's Obligations
4.1 The Subscriber will provide the Supplier with accurate details
on the Data Form and will sign to verify and acknowledge the accuracy
of such Data prior to activation of the System;
4.2 The Subscriber will ensure that the Member Opts-In to the System,
in order that tracking can take place. Details of how to do this
will be supplied in the member's information pack;
4.3 The Subscriber and the Member will be supplied with an ID number
and password and must be aware of these at all times;
4.4 The Subscriber and the Member will not under any circumstances
attempt to decompile and/or reverse engineer the software used in
the System;
4.5 The Subscriber and the Member acknowledge that the Mobile or
dedicated device must be switched on and have a network signal in
order for the System to be effective. This does not affect any Devices
registered as Landlines.
4.6 The Subscriber and subscriber will notify the Supplier immediately
via the Subscriber's or Member's on-line control panels in the event
of any change in the Member's Data;
4.7 The Subscriber acknowledges that the System is not intended
to be used as a device for tracking employees whether within or
outside working hours and must not be used as such under any circumstances.
4.8 The Subscriber acknowledges that the Member must have a mobile
which is subscribed to one of the Networks for the System to be
effective, and will ensure that this is the case, or a Landline
with an active connection to the public telephone system;
4.8 The Subscriber and the Member will not use the System except
in a genuine emergency and false alarms may lead to withdrawal of
the System by the Supplier.
4.9 If an individual, the Subscriber must be over 18 years.
4.10 All devices must show the Caller Id in order for the device
to be linked to a registered Member;
5. Supplier's Obligations
5.1 The Supplier will provide a location and tracking system which
will locate the position of a Member with information provided by
the Networks, the accuracy being dependant on such supplied information;
5.2 The Supplier will provide a dedicated call centre which will
be available 24 hours a day for 7 days a week.
5.3 As soon as an alert is received the Supplier will activate the
tracking system and contact the Member via the Mobile if this is
deemed necessary;
5.4 If the Supplier is unable to contact the Member, or if the Member
requests, the emergency services will immediately be alerted and
supplied with details of the members last known location and any
relevant medical details;
5.5 The Supplier will provide the Member with such information as
it considers sufficient for the Member to be able to operate the
System, including information on activating the alert and cancelling
any false alarms;
5.6 The Supplier is registered for data protection under the data
protection registration number Z920744X, and will not use Subscriber
or Member information for any purpose other than in connection with
the use of the System;
5.6 The Supplier will not be responsible for:
5.6.1 the personal safety of the Member;
5.6.2 the failure or delay of the emergency services in responding
to the call out;
5.6.3 any failure in the Supporting Systems;
5.6.4 any failure to locate the member where a Mobile is switched
off or loses its signal (in which event the last known location
of the Member will be used).
5.6.5 any failure in the System due to inaccurate or out of date
information being supplied by the Subscriber or Member including,
but not limited to, medical information, Landline number, Mobile
number, dedicated device number and Network provider;
5.7 The Supplier's liability to the Subscriber or the Members for
any financial or business loss or damage incurred from their use
of the System or as a result of the Suppliers act or omission will
be limited to the greatest extent possible by law.
6. Term and Termination
6.1 The contract will be valid for 12 months from the date of text
confirmation sent by the Supplier to the Subscriber (registration
may take up to 21 days), and the Subscriber will be liable for the
Payment from that date notwithstanding that the Member may have
chosen not to Opt-In;
6.2 Unless renewed by the Subscriber after 12 months the contract
will expire and the Supplier will cease to be responsible for providing
the System at that point and the Subscriber will have to re-register
themselves and all Members;
6.3 The Supplier may terminate the contract immediately if:
6.3.1 the Subscriber is in arrears with the Payments
6.3.2 the Subscriber or the Member have in any way abused the System
6.3.3 the Member has raised false alarms and not cancelled them
in accordance with the information provided.
6.4 The Subscriber may cancel renewal of the subscription without
incurring any charge if this is received by us in writing within
28 days of the renewal date.
7. Miscellaneous
7.1 The Supplier reserves the right to refuse to supply the System
to any Member or Subscriber or any potential Member or Subscriber.
7.2 This contract and any associated documents will be governed
by English Law.
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