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general terms and conditions for monitoring and intervention on demand of the ARHUB security system



1. General

1.1. The following general conditions apply to monitoring and intervention on demand services for the ARHUB security systems by Security Alarms & Co. dba "ARHUB" through its service provider PROTECTAS, its affiliates and its contractors (the "Company"). Customer name, installation address (the "Site"), type of contract, services type, the start and the end of the services and the price are stated in the subscription form available through the ARHUB platform and accepted by the customer (the “Customer”).



2. Type of services

2.1. The services include Alarm monitoring and response as well as the Intervention services.



3. Alarm monitoring and responce services

3.1. Service by the Company. The Company only monitors alarm signals and/or images or any other information provided by an alarm system installed at the Customer’s Site(-s) (“Alarm Monitoring”) and only provides telephone, call-out or intervention services (“Alarm Response”) if and to the extent such Alarm Monitoring and/or Alarm Response services have been expressly included into the Services Agreement.

3.2. Alarm Protocol. The Customer shall inform the Company how alarms received shall be handled through written action instructions and relevant information (“Alarm Protocol”), including, but not limited to a list of contact persons and/or necessary patrolling instructions for the Customer’s Site(-s). The Customer is responsible for keeping such instructions and documents up to date at all times and shall immediately inform the Company of modifications to the Alarm Protocol using ARHUB Platform. Customer is responsible for any Losses and/ or costs caused by a deficient or outdated Alarm Protocol.

3.3. Alarm Response. No or Incomplete Alarm Protocol. In case of an alarm, the Company and/or the Customer and their employees, subcontractors, agents, representatives and other related third parties shall act according to the Alarm Protocol which forms an integral part of the Agreement. If the Customer has not provided the Company with an Alarm Protocol or if the Alarm Protocol is incomplete or if an alarm or a failure notice is outside the scope and/or the monitoring hours as defined in the Alarm Protocol or in the Agreement, the Company has the right, but not the obligation, to take such Alarm Response actions at the Customer’s expense as the Company deems are necessary and proportionate to the alarm. Unless otherwise agreed, the same Service Fees as set out in the Agreement apply to Alarm Response services outside the scope and/or monitoring hours as defined in the Alarm Protocol or the Agreement.



4. Intervention services

4.1. Service by the Company. The Company agrees to provide Services to the Customer at the Site(-s), for the Service Fee and under the specific terms as set out in the Agreement. The Company will carry out the Services, including onsite and mobile guarding services, inspections, controls and patrols, at the Site(-s) in accordance with written agreed Site instructions and schedules as set out in the Agreement. In case services have been engaged during the time of the Agreement and terminated after the Agreement end time, considering that such services were initiated during the Agreement duration time, they shall be finalised.

4.2. Instructions by the Customer. The Company will carry out the Services, including onsite guarding services, inspections, controls and patrols, at the Site(-s) in accordance with written agreed Site instructions and schedules as set out in the Agreement through the ARHUB Platform. The Company shall not be obliged to follow any instructions of the Customer other than those specified in the Agreement.

4.3. No Guarantee. The Company does not guarantee a function or result of the Services or accept overall responsibility for the security at the Customer’s Site(-s). The Company makes no representation, express or implied, that its Services will prevent any loss or damage.



5. Keys

5.1. Key-keeping by the Customer. In case of short duration of services (less than forteen (14) days), the Customer may decide to keep the keys at his discretion. In such case, the Intervention services shall be limited to the external surveillance of the Site visit. It is therefore strongly recommented to send the keys and the alarm remote control to nearby Protectas site, as set out in the ARHUB Platform.

5.2. Key-keeping by PROTECTAS. In case duration of services lasts for more than forteen (14) days, the keys shall be sent to Protectas's address as set out in the Agreement. The keys will be kept in accordance with PROTECTAS’ established routines.

5.3 Delivery and Collection of Keys. Keys shall be delivered to or collected by PROTECTAS at the address as set out in the Services Agreement, subject to a written and signed receipt and at Customer’s costs and expenses. Transportation of keys by PROTECTAS shall be invoiced to Customer equal to at least one hour’s work during normal business hours. Upon expiry or termination of the Agreement, Customer may at Customer’s costs and expenses either (i) collect the keys at PROTECTAS’ address as set out in the Services Agreement, (ii) ask PROTECTAS in writing to transport the keys, or (iii) ask for postal delivery of the keys by registered mail at Customer’s address. Uncollected and/or unclaimed keys and/or keys sent back to PROTECTAS by the post office are destroyed within twelve (12) months following expiry or termination of the Agreement.



6. Duration and Termination

6.1. The Agreement shall commence at the start date and hour as specified by the Customer at the ARHUB Platform ("Effective Date") and shall terminate at the end date and hour as specified by the Customer at the ARHUB Platform ("Termination Date"), unless Intervention services engaged prior to the Termination Date, as stipulated in the item 4.1. above, in such case, the Termination Date shall be extended to the date and time of the end of the Intervention services.



7. Customer's obligations

7.1. The Customer shall at all times cooperate with the Company to allow the Company to provide the Services under the best possible conditions and shall promptly provide the Company with any information which the Company reasonably requires to be able to proceed without interruption with the performance of the Agreement. This shall include, but not be limited to, the Customer providing (i) a safe, healthy working environment for the Company's personnel in accordance with applicable laws and regulations, (ii) all relevant information, access and assistance that the Company reasonably requires to perform the Services without interruption, including, but not limited to, access free of charge to the Site(-s), parking spaces, and (iii) prompt notice of anything that may affect the Company' safety, risk or obligations under the Agreement or which is likely to lead to an increase in the Company’ costs for providing the Services.

7.2. The Customer is responsible for adequately insuring the Site(-s) against damage, theft or loss. Under no circumstances can the Customer assume any written or oral statements by the Company and its representatives that the use of the alarm system or the security service would make adequate insurance redundant.



8. Warranty for services and Liabilities

8.1. Warranty for Services. The Company warrants that the Services will be carried out with reasonable skill and care. The Company provides no other warranty or guarantees and excludes any other warranty, guarantee or liability with respect to the Services.

8.2. Breach of Warranty and Remedy. In the event of a negligent breach of the warranty above, The Company shall at its own cost re- perform such part of the Services which do not conform to the warranty. Subject to the mandatory provisions of applicable law, the remedies set out above shall be the Customer’s sole and exclusive remedy for breach of warranty and for any losses caused by such breach of warranty.

8.3. Notification. The Customer shall notify the Company of any warranty claim arising from the Services in reasonable detail and in writing within five (5) days from the date on which the Customer became aware or should reasonably have become aware of the occurrence giving rise to the claim. If the Customer does not provide such notice to the Company within the notice period, the Company shall, subject to the mandatory provisions of applicable law, have no obligation to re-perform the Services or make any payment whatsoever relating to such claim.

8.4. Maximum Liability for Breach of Warranty. Notwithstanding anything to the contrary in the Agreement and without limiting the exclusion of liability as set out in Item 5.2. above, but subject to the mandatory provisions of applicable law, the Company’s maximum liability to the Customer under the Agreement for breach of warranty shall not exceed the total Service Fees paid.

8.5. Limitation of Liabilities The Company is not liable for any damage caused, including events resulting from damage to or destruction of the Site(-s), such as, but not limited to, break-in, leakage or fire, and due to: non-reception of alarm signals due to unavailability of the telecommunications infrastructure used for the transmission of signals as part of the security service; the non-functioning of the alarm system and/or related connectivity services.



9. Service Fee

9.1. The Customer shall pay the Service Fee to the Company for the provision of the Services as specified in the Agreement.



10. Payment Terms

10.1. The Services are paid by Credit Card through the ARHUB Platform. For the Intervention Services, the service may be paid by Credit Card or by the bank transfer.



11. Late payment

11.1. If the Customer has not paid his invoice on the due date or has not raised a written and justified objection to the invoice, he will be in default and the Company can interrupt the provision of all services and take other measures to prevent further damage. The Customer bears all costs that the Company incurs as a result of default in payment. In particular, the Customer is liable to the Company with default interest of 3.5% p.a. and a reminder fee of CHF 20.00 per reminder. In the event of collection by a third party, the Customer is also liable for the collection costs incurred.



12. Governing law

12.1. These general terms and conditions for monitoring and intervention on demand of the ARHUB security system are governed by law of Switzerland. Any dispute arising from this contract will, in the absence of an amicable agreement, fall under the exclusive jurisdiction of the ordinary courts of the Canton of domicile of the Company.

May 2022



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