GENERAL TERMS AND CONDITIONS OF SERVICE

Conditions Not Covered by Warranty 

∙ Damage resulting from accidents, natural calamity, alteration, misuse, tampering and abuse. ∙ Failure of Customer to properly follow operating instructions and user equipment maintenance  guidelines provided by us at time of installation. 

∙ Trouble in Internet line or interruption to commercial power. 

Terms and Conditions: 

1. All payments are to be made in favour of MARLIN INFOTECH. 
2. All taxes, levies, etc. applicable at prevailing rates from time to time. 
3. Customer needs to pay 60% payment along with purchase order and 40% payment against delivery. 4. The standard delivery period of CCTV Services is 15 days from the date of acceptance of purchase order by  MARLIN INFOTECH. The same however is subject to the mutually agreed delivery lead times during PO  acceptance stage. 
4. Offer valid for 15 days from the date of quotation. 
5. We shall give service warranty for a period of 12 months from the date of installation of CCTV. 7. General Terms and conditions and Warranty Terms apply. 
6. Installation materials like pipe, bend, clamp etc. should be barred by the customer. 
7. For Installing CCTV Camera the required scaffolding, ladder should be arranged by the customer. 10. If you want to view your cameras remotely over the Internet or on your phone, make sure you arrange with  your Internet Service Provider to get at least 1 Mbps upload speed. 
8. Monitor / Display Screen with HDMI / VGA port should be arranged by the customer. 
9. Additional Accessories like mouse, network cable, router, etc., should be arranged by the customer before  installation. 
10. Cable & Laying will attract additional charges, if it exceeds the specification mentioned in your quotation. 14. The payments against invoices shall be due within fifteen (15) days from the date of invoice. If bills are  unpaid for more than 15 days, services shall be deactivated. 
11. The Replace Warranty only applies when the materials are irreparable. 
12. Charges for service will start at Rs. 500 and will increase as the job progresses. Only the items are warranted;  a labour charge will apply. 
13. Interest on delayed payment at the rate of 18% p.a will be charged on outstanding debit balance. 18. Once a service is registered on the site, a call will be made to the registered cell phone number within 24  hours. If feasible, chief technical engineers will clarify the problem through whatsapp video call; if the  problem is not resolved, a site technician will be at your site within 48 hours of registration. 19. Registration is required for service; failure to register will result in service being denied. 

TERMS AND CONDITIONS OF MAINTENANCE SERVICE 

1. Agreement 

This one-year contract includes all maintenance repairs, labour and equipment replacement (within the warranty  period) necessary to ensure full operation of the Closed Circuit Television System. The contract shall renew  automatically at each anniversary until terminated in writing by either party. Each renewal shall be for a minimum12- month period. Any proposed change to the content or cost cover shall be notified prior to such anniversary. Payment  is due upon presentation of invoice. 

2. Response Times  

All breakdowns received by 10am will usually be attended to same day, or within 24 hours (Mon-Fri 09:00-17:00 but  excluding weekends and public holidays). Between 17:00-09:00 Mon-Fri and 24 hours at weekends and public holidays  an emergency response is available on request. For emergency response a call-out charge plus a labour charge will  apply.

3. Level of Cover 
4. All call-outs between Mon-Fri 09:00-17:00 (excluding weekends and public holidays) for equipment defect (except  where specified are an exclusion). Outside of the hours covered an attendance and labour rate applies. For excluded  items an attendance, parts and labour rate applies at all times.  
5. Replacement parts for the security system caused by inherent defect without charge (within the warranty period),  unless specified as excluded. 
6. Any repairs that are subject to exclusion that are required to be carried out shall be charged additionally. 
7. A 12-month warranty will apply to all new equipment installed by MARLIN INFOTECH, or otherwise as covered by  this Contract.  
8. Adjustment of cameras and lenses to maintain optimum performance. Where the camera has been supplied and  installed by others, optimum performance will be limited to the capability of such equipment. 
9. One routine service of the system per annum – report and recommendations where appropriate.  7. Emergency call-out facility. 
10. GENERAL 

(a) The contractual rights which the Subscriber enjoys by virtue of Section 39 of the Sale of Goods and Supply of  Services Act 1980 are in no way prejudiced by anything contained herein save to the extent permitted by law. 

(b) Words and expressions defined in the Sale of Goods and Supply of Services Act 1980 shall, when used in this  Agreement save where the context otherwise requires, bear the same meanings as therein. In particular all  references to “goods” shall be interpreted to include all goods and materials supplied under a contract for the supply  of services. 

(c) This Agreement shall apply to the supply of all Monitoring Services by the company, its servants and agents to  the Subscriber and supersedes all previous terms and conditions appearing in any advertisement of the Company or  elsewhere and no advice, presentation, promise, condition, inducement or warranty, express or implied, given by  the Company not included in writing in this Agreement and no variation or purported variation, whether before or  after the making of this Agreement, shall have any effect or binding upon the Company unless expressly agreed to  and accepted in writing by a director or duly authorised officer of the Company. 

5. INDEMNITY 

(a) In the event of the Alarm System being connected to the Emergency Services or any of them, the Subscriber  agrees to indemnify and keep indemnified the Company against all liability arising under any agreement which the  Company may have entered into with the relevant Emergency Service in order to obtain a licence to make the  connection at the Police or Fire Station. 

(b) The Subscriber hereby indemnifies the Company in respect of any charge due in respect of a visit to the  Monitored Property required by any of the Emergency Services, Eircom or any other Authority, the Installer or any  person noted in the Emergency Instructions, as a result of a fault in, or the Alarm System or the Communications  Paths or due to any other circumstances outside the Company’s control or due to the failure of the Subscriber, its  employees or agents to operate the Alarm System correctly.  

(c) Nothing in this Agreement shall constitute or be construed as a representation or warranty to the Subscriber not  shall it form part of, or be construed as an Agreement between either the Company and the Installer or the Subscriber  and the Installer.  

(d) The Company shall at all-time be entitled to perform any or all of its obligations hereunder using sub- contractors  employed or to be employed by the Company at any time and from time to time. 

6. NOTICE  

Any notice or direction to be served by any party hereto on any party hereto shall, unless otherwise stated, be  sufficiently served if delivered by hand or posted by prepaid registered post to the last known address of the person  to be served and any such notice shall be deemed to have been served at the time of delivery or three business days  after the time of posting as the case may be and for the purposes of this clause the expression “Business Day” shall  mean a day upon which the associated banks are open for business in India.  

7. ENFORCEABILITY  

Any provision to this Agreement prohibited by, or unlawful or unenforceable under, any applicable law shall (to the  extent required by such law) be ineffective without modifying the remaining provision of the Agreement but where  the provision of such applicable law may be waived they are hereby waived to the full 9 extent permitted by such  law to the end that the Agreement shall be valid, binding and enforceable in accordance with those terms.  

8. FORCE MAJEURE 

The Company shall not be under any liability of whatever kind for non-performance in whole or in part of its  obligation under this Agreement due to causes beyond the control of the Company or its suppliers including, but not  limited to, war (whether an actual declaration thereof is made or not), sabotage, insurrection, riot or other act of  civil disobedience, acts of the Subscriber or a third party, failure or delay in transportation, acts of any Government  or other agency or sub-division thereof, Government regulations, judicial actions, labour disputes, strikes,  embargoes, illness, accident, fire, explosion, flood, tempest, lightning strikes or other acts of God, delay in delivery  to the Company or its suppliers or shortage of labour, fuel, raw materials or machinery or technical failure. In any  such event the Company may, without liability, cancel or vary the terms of contract including, but not limited to,  extending the time, for performing the Agreement for a period of at least equal to the time lost by reason of such  causes.  

9. ASSIGNMENT 

(a) The Company may assign or transfer the benefit of this contract or all or any of its rights or obligations hereunder  to any person or persons.  

(b) The Subscriber shall not assign or transfer to any person or persons the benefit of this contract or all or any of its  rights or obligations hereunder without prior written consent of the Company, which consent shall not be reasonably  withheld.  

10. ARBITRATION  

Any disputes, differences or questions arising between the parties as to the construction of this Agreement or as to  any matter or thing arising out of this Agreement or in any way connected therewith shall be and is hereby referred  to the arbitration of a single arbitrator to be agreed by the parties or in default of agreement to be the President for  the time being of the Institute of Engineers of Ireland (“The Arbitrator”). The Arbitrator so agreed or appointed  hereunder shall exercise all the power conferred on arbitrators by the Arbitration Act 1954 and 1980 or any statutory  amendments thereof.  

11. GOVERNING LAW  

This Agreement shall be governed and construed in all respects in accordance with the laws of the England.  

12. ACCEPTANCE  

I/We, the subscriber, hereby acknowledges that we have read and understood the terms hereof and that the same  Agreement exists between us and is a legal, valid and binding Agreement.

The following exclusions apply: 

1. Defects or alterations to the security system caused by or arising from any circumstances beyond the control of the  Company. For example, fire, flood, lightning, act of God, war, civil disturbance, malicious damage, vandalism,  negligence, interference, modification to the premises, misuse, or failure to operate the security system by the  subscriber or any other persons. The cost of repairs or replacement due to defects of the security system caused by  environmental conditions or processes not normally found at the premises or introduced after the contract start date.  Bulbs, lighting elements, and lighting units are excluded and shall be chargeable. 
2. Malfunctions due to mains power supplies, power spikes, corruption or interruption or fluctuation or radio  interference, nor the replacement of equipment damaged by such. The cost of a call-out to attend a fault or re-setting  of equipment by any person other than the authorised Company. Users of time-lapse videos are required to change  tapes after 10 full uses per tape and must use a replacement recommended by the Company otherwise the guarantee  on the VCR might be voided due to excessive head wear.  
3. Internal and external cable damage either over or underground. 
4. The addition of any non-MARLIN INFOTECH authorised software, changing any programme settings or equipment  move, replacement or addition. 
5. Consumable items such as lamps (infra-red or otherwise) and video cassettes, DVD/CD Discs etc.  
6. Hiring of scaffolding, hoists or other specialised climbing apparatus will be charged to the subscriber when such  equipment is required. The maintenance programme assumes that all parts of the CCTV system are at such height as  to be accessible safely using secured steps or ladders, as per our Health and Safety Policy.  
7. Equipment stolen or damaged.  
8. The effectiveness of existing equipment supplied by others is excluded.  
9. The effectiveness and reliability of existing cabling by others is excluded.  
10. Re setting of cameras is excluded. The resetting of cameras to be sanctioned carried out and changed additionally.  11. ISDN, BT Telephone line fault and user error.  
11. ASDL/SSDL broadband line fault or service outage.  
12. It is the sole responsibility of the customer to arrange insurance of the equipment specified in this quotation against  theft or damage. 

MARLIN INFOTECH.  

IMPORTANT NOTICE: THE FOLLOWING AGREEMENT GOVERNS THE TERMS AND CONDITIONS UNDER WHICH THE  MONITORING SERVICE IS PROVIDED. IF YOU INTEND TO AVAIL OF THIS SERVICE, IT IS ESSENTIAL THAT YOU READ THE  AGREEMENT CAREFULLY. COMPLETE THOSE SECTIONS MARKED AND RETURN THE SIGNED COPY TO US. 

1. The Company is engaged, MARLIN INFOTECH, in the business of providing security services including a Monitoring  Service, whereby a CCTV System may from time contact Receiving Equipment in one of the Company’s Monitoring  Stations (as such items are hereafter defined). 
2. Arrange for all the necessary connections to be made to the Central Station (other than those required to be made  by any other body in compliance with statutory, or other legislative, requirements  
3. This agreement is entered into between the parties to regulate the provision of the said Monitoring Service.

“The Central Stations” means the command centre of the Company or central station from which the  Monitoring Service may be provided from time to time for the duration of the Agreement.  

“Emergency Instructions” means the written instructions and any alteration thereto given by the  Subscriber (and in the case of a limited liability company, signed by a person duly authorized by the  subscriber) to and accepted by the Company as to the action to be taken in the event of and Alarm  Condition at the Monitored Property.  

“Emergency Services” means Police, Fire Brigade, Ambulance or other emergency response services as  may be appropriate to be notified in the event of an Alarm Condition but shall not include and person  attending a Monitored Property as a key holder or any other reason. 

“Monitored Property” means the premises or property of Subscriber in respect of which the Monitoring  Service is provided. 

”The Monitoring Service” means the service whereby the MARLIN INFOTECH may from time to time  contact the Receiving Equipment and, in the event of an alarm condition, whereby the company acts in  accordance with the emergency instructions. 

”The Receiving Equipment” means the device or devices located in the Central Station to receive signals  from the MARLIN INFOTECH via the communications path and to translate such signals into audible signals  and/or visual display, including any computing devices used to process such signals. 

2. MONITORING SERVICE 

(a) In consideration of the Monitoring Fee the Company shall provide the 

(b) In consideration of the Monitoring Service, the Subscriber shall pay the Monitoring Fee.

3. TERMS OF PAYMENT 

(a) Payment of the Monitoring Fee shall be made to the Company in Sterling. Monitoring fees are paid in  advance by standing order or direct debit. Fee subject to review in accordance with the provision of clause  10. Hereof. 

(b) The Monitoring Fee shall be paid without reduction or deferment on account of disputes, cross claims  or for any other reason whatsoever. If the Subscriber shall fail to pay the Monitoring Fee on the due date,  the Company may suspend the Monitoring Service under this or any other agreement and if the  Monitoring Fee CCTV Monitoring Considerations 6 shall remain in arrears for seven days after demand  shall have been made, the Company may cancel this or any other such agreement and, in either case,  without prejudice to any other right the Company shall have.  

(c) Without prejudice to the foregoing the Subscriber shall pay to the Company interest on overdue  payments calculated on the day-to-day balance at a rate of interest equal to that payable by the Company  on Single A overdraft borrowing as such rate may vary from day to day. Such interest shall be payable on  demand and may be charged and added to the balance of overdue payments. A statement from the  Company as to the rate of interest applicable under this paragraph shall in the absence of manifest error,  be conclusive. 

(d) Nothing in this clause shall be taken as limiting the Company’s rights under clause 8 hereof. 

4. SUBSCRIBERS OBLIGATIONS  

The subscriber shall:  

(a) Arrange for all the necessary connections to be made to the Central Station (other than those required  to be made by Eircom or any other body in compliance with statutory, or other legislative, requirements 

(b) Not alter, interfere with or permit any alteration or interference with the MARLIN INFOTECH other  than for the purpose of maintenance and/or repair of the MARLIN INFOTECH.  

(c) Give to the company 30 days prior notice of any proposed structural alterations to the Monitored  Property and of any modifications to the MARLIN INFOTECH or to the Communications Path which may  affect the Monitored Service. 

(d) Notify the company forthwith in writing of any alterations or amendments to, or modifications of, the  Emergency Instructions. 

(e) Ensure that, in the event of an Alarm Condition occurring accidentally or inadvertently, it shall  immediately notify the Central Station by telephone, and if requested, confirm same by written  notification. 

(f) Ensure that it makes available such components of the Communications Path as may be necessary for  the operation of the Monitoring Service, and shall further ensure that the cost of the Communications  Path together with all charges for the continued use thereof, are punctually paid to Eircom or other  authority as the case may be. 

(g) in the event of any defect or fault occurring in the MARLIN INFOTECH, or of any change to the  Communications Path at the Monitored Property affecting the Monitored Services, at Company’s request  and without undue delay, remedy, or arrange to remedy, the said defect or fault and make such changes  or repairs as are required to restore the MARLIN INFOTECH or Communications Path to proper working  order.  

(h) Obtain and maintain any licences or consents as may be required from time to time by Eircom, the  Department of Communications, Energy and Natural Resources or other authority and produce same  within seven days of being requested to do so by the Company. (i) On termination of the Agreement for  any reason whatsoever 

(i) at the Company’s request and without undue delay, arrange to have the MARLIN INFOTECH  disconnected and remove or cause to be removed from the Central Station all components of the  Communications Path exclusively relating to the monitored service.  

(ii)Make whatever arrangements it shall at its own discretion deem necessary for the provision of an  alternative Monitoring Service. 

5. LIMITATION OF MONITORING SERVICE  

(a) If, at any time, the Monitoring Fee shall be in arrears for a period of 30 days or more, the Company  shall not be bound to perform any of its obligations hereunder. 

(b) The Company reserves the right to withdraw or curtail, without refund or liability, the Monitoring  Service to the Monitored Property if any of the following events occur  

(i)The Emergency Services or any of them refuse to respond to an Alarm Condition, or withhold or  otherwise withdraw their service in respect of the Monitored Property.  

(ii) If the subscriber refuses or fails to provide adequate Emergency Instructions: or (c) (i) Notwithstanding  the above, this agreement may be terminated forthwith, if at any time, the Central Station/or the  Receiving Equipment are destroyed or damaged so that they cannot reasonably be used, or if the Company  is unable to secure or retain the components of the Communications Path required for the receipt of  

 signals from the Monitored Property and such termination shall not give rise to any claim by the  subscriber against the Company.

(ii) In the event of such termination referred to at (c)(i) above, the Company shall refund to the subscriber  a proportion of the Monitoring Fee in respect of the period for which Monitoring Service shall not be  provided and for which the Monitoring Fee has been paid 

6. LIABILITY OF THE COMPANY 

(a) Insofar as is permitted by the law, the Company shall not be liable whether in contract, tort or  otherwise, for any loss, damage or expense of any kind whatsoever, consequential or otherwise, arising  out of or in connection with the operation, non-operation or faulty operation of the Monitoring Service,  the communication Path or the Central Station howsoever caused, or arising by reason of any failure of  the Company to respond to an Alarm Condition, or to contact the Emergency Instructions or from any  other cause, whether or not such act, omission or neglect on the part of the Company, its servants or  agents, amounts to a fundamental breach of this Agreement. 

(b) The Company shall have no liability arising out of or in connection with any incidents involving the  failure of the Monitoring Service to respond to an Alarm Condition when such failure is caused by the  operation or faulty operation of the Alarm System whether or not on the part of the Subscriber, employees  or agents and/or the installer, its employees or agents. 

(c)The Company shall have no liability arising out of any incidents involving a failure, delay or refusal to  respond to an Alarm Condition on the part of any of the Emergency Services, or any other party. 

(d) The Company shall have no liability for any loss, damage or expense arising out of the failure on the  part of the Subscriber to make satisfactory arrangements for the provision of an alternative monitoring  service in the event of termination of the Agreement for any reason whatsoever. 

7. REMEDIES FOR ANY DEFECTS ETC 

(a) It is understood and agreed that the Receiving Equipment may not be compatible with all video  transmission systems.  

(b) The Company does not guarantee or warrant that the Receiving Equipment or Monitoring Services will  alert or prevent occurrences, or the consequences thereof, which the Receiving Equipment, or Monitoring  Services is designed to alert or prevent.  

(c) If due to non-payment of overdue sums to the Company, the Monitoring Service is not properly in use,  the Company shall be entitled to make a charge for any work required to restore the Monitoring Service.  

(d) The Company’s liability for any claim, whether in contract, tort (including negligence) or otherwise, for  any loss or damage arising out of or in connection with or resulting from the supply of the Monitoring  Service shall be limited to the greater of a sum equal to ten percent of the Monitoring Fee plus two  hundred Euro. In no event shall the Company be liable for any loss of profits, or special or consequential  damages suffered by the Subscriber. Nothing contained in this paragraph shall by implication create any  liability or obligation on the part of the Company or effect or diminish any disclaimer or liability elsewhere  contained herein. 

(e) Any claim related to the Monitoring Service shall be notified to the Company within fourteen days  from the date of the event giving rise to the claim, and the subscriber shall afford the Company reasonable  facilities for examining the CCTV system and Communications Path. 

8. DEFAULT BY THE SUBSCRIBER 

If the Subscriber  

(a) fails to comply with any term of this Agreement (including stipulations as to payment): or 

(b) commits an act of bankruptcy or receives any petition or receiving order in bankruptcy, makes an  arrangement or composition with creditors or suffers any distress or execution: or

(c) resolves or is ordered to be would up or has a receiver or an examiner appointed then in any such  event, the Company shall have the right (without prejudice to any other remedies) to cancel, withhold or  suspend the Monitoring Service and to demand payment forthwith of all sums due by the Subscriber to  the Company. 

9. INSURANCE  

It is understood and agreed by the Subscriber that the Company is not an insurer and that any insurance  in respect of the Alarm System and the Monitored Property should be obtained by and at the expense of  the Subscriber. It is further understood and agreed by the Subscriber and the Company that the  Monitoring Fee is based solely on the value of the Monitoring Service and is unrelated to the value of the  Monitored Property or any other Property located in the Monitored Property. 

10. TERM / RENEWAL / TERMINATION OF MONITORING SERVICE 

(a) The duration of the Agreement shall be five years commencing on the Connection Date and ending on  the fifth anniversary thereafter, unless otherwise stated in the Agreement. This agreement shall  automatically renew itself. One party shall give to the other (3) months prior written notice of termination  of the 8 Agreement, such notice to expire before the expiration of the five year period and, in case of an  annual renewal, prior to the expiration of the annual period. 

(b) The Company shall have the right to increase the Monitoring Fee on each anniversary of the  Connection Date  

(c) The Company shall be entitled to terminate this Agreement on such grounds as it shall, at its sole  discretion, deem reasonable prior to its expiration in accordance with sub-clause (a), on giving the  Subscriber thirty days prior written notice of its intention to do so, and in such event shall repay to the  Subscriber such proportion of the Monitoring Fee as shall have been paid by the Subscriber for the  unexpired period of the Agreement during which the Monitoring service shall not be provided.  

(d) If the Monitoring Fee shall remain unpaid for a period of thirty days from the due date of payment the  Subscriber shall procure permission for the Company, its servants or agents at all reasonable times to  enter the Monitored Property to disconnect the Alarm System from the Receiving Equipment and/or cease  to provide the Monitoring Service. 

Subject to Salem Jurisdiction