Terms and Conditions

DEFINITIONS                                     In these Terms      and Conditions, unless the context clearly indicates otherwise, the      following words and expressions shall have the meaning ascribed:  

“Agreement” means the Camworx Order Form together with these terms and      conditions.   (as may be amended,      extended or replaced by Camworx from time to time);

“Camworx” shall mean Camworx      Ltd, and Irish company registered in Ireland with an address at Mounttown      Industrial Estate, Dun Laoghaire, Co. Dublin, Ireland.

“Commencement Date” means the date when the Service or any part of it is first made      available to a subscriber or when you first start to use the Service,      whichever is the earlier;

“Order Form” means a form completed by the Subscriber containing the details of the      service which they require;

“Content” means any and all information, material and other content including      but not limited to data, text, ../../images, photographs, software, music video,      sound, graphics, applications or database content supplied by you, us or      any third party content provider which is contained in or forms part of the      Service;

“Equipment” means the cameras, routers and any other equipment that is supplied      by Camworx when you subscribe to the Service that enables you to use the      Camworx secure hosted video platform and includes any other equipment      including all fittings, accessories and modifications thereto from time to      time provided as an essential part of providing the Service under this      Agreement;

 

“Minimum Subscription Period” means the twelve (12) months from the Commencement Date;

‘Notice Date” means the date written notice is given to Camworx by the Subscriber      requesting termination of the Service;

“Party” or “the Parties” means the Subscriber and Camworx including its assignees;

“Premises” means the location at which the Subscriber receives the Services      and where the Equipment is located;

“Service” means the Camworx software platform which provides, but is not      limited to connecting to your installed cameras over the internet to view      ../../images, view recordings, and to receive alerts from the cameras;

“Subscriber” or “you” or “your” means the party to whom Camworx provides the Service;

“Subscription” means the amount payable by the Subscriber to Camworx for the      provision of Service and amounts which are displayed on the Website or      which a customer service representative may inform to you;

“Subscription Period” means the entire term of this Agreement, which shall automatically      continue after the Minimum Subscription Period until cancelled by either      Party upon thirty (30) days’ written notice;

“Working Days” means any day not being a Saturday, Sunday or Irish bank or public      holiday.

 

ORDERING THE EQUIPMENT AND THE SERVICE

This Agreement shall come into force if the      Subscriber’s order is accepted by Camworx. Taking payment from your credit      or debit card does not indicate acceptance. Acceptance of your order takes      place at the point where such offer is expressly accepted by us by      commencing Services. You should review the email confirmation we send you carefully to ensure that all details are correct. If you have any      queries or wish to correct any of your order details, you should contact      Camworxpromptly on      receipt of the confirmation email.

If your credit card is debited before the      contract is formed, and if your order is ultimately rejected, we will      refund any monies debited from your credit card. If Camworx accepts your      order, it will provide the Services to you from the date the Service is      activated. Your use of the Service shall be deemed to be an acceptance by      you of this Agreement.

You warrant that any information provided by      you when placing your order is up-to-date, accurate in all material      respects and is sufficient for us to fulfil your order; and that you have      the legal capacity to enter into a contract.

Any prices, quotations and descriptions made or      referred to on the Camworx website are subject to availability, do not      constitute an offer and may be withdrawn or revised at any time prior to      our acceptance of your order.

While Camworx will make reasonable efforts to      facilitate the efficient processing of your order, your order may be      rejected (without liability) if for any reason Camworx is unable to process      or fulfil your order.

The Service

In consideration of the Subscription, Camworx      supplies the Service and the Equipment to the Subscriber, pursuant to this      Agreement. Camworx hereby grants the Subscriber and the Subscriber hereby      accepts the right to use the Service in accordance with the terms of this      Agreement.

Camworx will use it’s reasonable commercial      efforts to ensure that the Service is available for use by the Subscriber.      However Camworx does not represent or warrant that the operation of the      Service will be uninterrupted, timely, secure or error free or that the      Service will meet any of the Subscribers specific requirements. You      acknowledge that Camworx cannot be held responsible for accidental      non-availability for outages of Services, or for unforeseen interruptions      or deterioration of the Service.

 

The IP Camera service is dependent on the      quality of the subscriber’s broadband internet connection and thus the      quality of the broadband service cannot be guaranteed by Camworx.  Where quality of service issues are identified,      Camworx will work with subscribers and their Internet Service provider to      assist in locating and finding a solution to the problem.

It may be necessary for Camworx to temporarily      suspend the service during repairs or upgrading of the service.  Where possible Camworx will give prior notice      to subscribers of such suspension of service, and Camworx will restore the      service at the earliest possible time.

Subscriber accounts will be activated once      payment has been cleared and all relevant customer details have been      provided.  When the account is set up      it is immediately available for use by the subscriber.  Hardware will be delivered as per then      current delivery times indicated by Camworx.

Camworx will not guarantee that hardware, other      than that purchased from Camworx will operate with our service.

Customer support is provided by Camworx through      its website www.camworx.com, and by telephone between the hours of 9am and 5pm on working days.

 

The Equipment

Camworx will use it’s reasonable endeavours to      deliver the Equipment to the notified location by the delivery date      communicated to you. You should be aware that this delivery date is not      guaranteed and Camworx shall not be liable in any way to you for failure to      deliver the Equipment in accordance with any delivery schedule. You shall      inspect the Equipment immediately upon receipt and inform us in writing      within five (5) working days of delivery of any damage or missing items      from the delivery.

If you fail to take delivery of the Equipment      (or fail to give us appropriate delivery instructions) unless this was out      of your reasonable control, then without prejudice to any other rights or      remedies available to us, we may store the Equipment until actual delivery      and charge you for the reasonable costs, including re-delivery as a result      of a failed delivery.

If the Equipment you receive is faulty you must      return the faulty Equipment (in its original packaging and with any      associated equipment and documentation), to Camworx within fourteen (14)      days of receipt of the Equipment and we will (at our discretion), supply      you with replacement Equipment.

Your rights of replacement of any Equipment or      any part or parts thereof which are found to be defective will (except      where agreed otherwise) be negated or rendered void where:

 
  • the Equipment has been        repaired, attempted to be repaired or altered by persons other than the        original equipment manufacturer or Camworx; and/or
 
  • defective Equipment has not        been returned together with full details in writing of the alleged        defects within fourteen (14) days from the date on which such Equipment        was delivered; and/or
 
  • defects are due (wholly or        partially) to mistreatment, improper use or storage, maintenance or        installation, or failure to observe any manufacturers’ instructions or        other directions issued or made available by us in connection with the        delivered Equipment.

Prior to installing the Equipment, you should      read the installation instructions carefully and back up or save any data      on your personal computer. A Subscriber will have 3 method of installing      the equipment available to them as follows:

  • Self Install.  The Subscriber installs the equipment      using the self install instructions supplied by Camworx.
  • Camworx Assisted Install.  Camworx technician will connect to the      Subscriber’s computer remotely and carry out the necessary installation      instructions with the Subscriber in attendance at the Premises to carry out      some instructions from the technician.
  • Camworx Install.  Camworx authorised technician will visit      the Subscriber’s premises to install the equipment.

Upgrade to Camworx Premium or      Camworx Pro service

The Subscriber may, with the written approval      of Camworx, upgrade the Service on the basis that:

 
  • the Subscriber shall have given        Camworx at least 7 (seven) days prior written notice of its intention to        upgrade; and
 
  • the Subscriber shall at the        time of giving such notice, have complied with all the terms and        conditions of this Agreement and shall continue to do so; and
 
  • the Subscriber shall sign all        documentation necessary to give force and effect to such upgrade; and
 
  • the Subscriber shall accept all        amendments, where necessary, to any charges (including the Subscription)        stated in the Customer Authorisation Form due and payable to Camworx as        are then occasioned by the Subscriber exercising its upgrade option.

Payment of Charges

The Subscriber shall pay the Subscription to      Camworx monthly in advance by direct debit through a bank account held in      Ireland or by a recurring charge on a credit/debit card.  Charges will be applied for,      but not limited to, the following :

  • Monthly charge per camera,      depending of the level of service either Camworx Lite, Camworx Premium or      Camworx Pro service
  • Monthly recording Charge based on      a charge per Gigabyte of space used to store Subscriber’s recordings on      Camworx servers in the previous month
  • Charge per SMS text message sent      by Camworx to the Subscriber, which is payable monthly in arrears and will      be charged on actual number of text messages sent by Camworx in the      previous month.
  • Purchase of Cameras and other      hardware.
  • Installation charges, if      applicable.
  • Re-connection fees, if applicable
  • Any bank charges associated with      collecting the subscription through the banks.

The Subscription may increase or decrease at      such times and rates as may be notified to the Subscriber from time to      time.

Camworx shall be entitled and is hereby      specifically authorised to, at its election, either immediately cancel this      Agreement and/or suspend the supply of Services to the Subscriber, upon      failure by the Subscriber to pay the Subscription or if the Subscriber is      in breach of the terms of this Agreement.

Should the Subscriber have to pay to Camworx      any re-connection fee or any ancillary amount, as is not provided for in      this Agreement, then such amount shall be paid directly to Camworx over and      above the Subscription or any other charges set out in this Agreement.

Should a Subscriber’s payment fail for any      reason that is due to the Subscriber, Camworx shall apply an administration      charge of €5.00 (inclusive of VAT) on the following invoice for each and      every event of failure.

Should it arise that a Subscriber’s Service is      suspended or disconnected by Camworx following continued payment failures,      or non-payment of the Subscription or ancillary charges, a reconnection      charge of €30.00 (inclusive of VAT) shall be levied and must be paid by the      Subscriber prior to reconnection to the Service by Camworx.

If the Service is not available to the      Subscriber as a result of damage to the equipment, the Subscriber shall      nonetheless remain liable for the full Subscription amount during the      period where the Service is not available to the Subscriber.  It is a matter for the subscriber to      replace the equipment where necessary.

Duration, cancellation and      termination

If, during the Minimum Subscription Period,      Camworx (following seven (7) days notice to the Subscriber) either      increases the Subscription by a total of more than ten per cent (10%) or      makes significant changes to the Services, the Subscriber may terminate      this Agreement by giving at least thirty (30) days notice in writing. In such      circumstances, the Subscriber shall not be liable for the remainder of the      Charges for the Minimum Subscription Period. If no notice of such intention      to terminate is received by Camworx within thirty (30) days of the date of      increase in the Subscription or change in the Service, the Subscriber will      be deemed to have accepted the increase in the Subscription and/or the      changes to the Service.

The Subscriber shall have the right to      terminate this Agreement after the Minimum Subscription Period by giving      Camworx thirty (30) days advance notice in writing. The Subscriber must pay      the Subscription up to the end of that thirty (30) day notice period.

If the Subscriber terminates this Agreement      during the Minimum Subscription, the Subscriber shall be liable for the      balance of the Subscription for the remainder of the Minimum Subscription      Period.

Camworx may at any time, without notice to you,      immediately terminate this Agreement, or suspend the Service, recover from      the Subscriber payment of all such amounts due at the date of cancellation,      retain all monies already paid by the Subscriber and claim as agreed      pre-estimated liquidated damages all outstanding amounts which would have      been due until expiry of this Agreement and to recover all costs from the      Subscriber, including legal costs where;

 
  • the Subscriber is in breach of        this Agreement;
 
  • the Subscriber fails to pay all        or any part of the Subscription or any other charges when due;
 
  • the Subscriber is suspected of        involvement with fraud or acts which are of defamatory, offensive,        abusive, obscene, menacing, unsuitable or unlawful character in        connection with use of the Service;
 
  • the Subscriber is unable to pay        its debts or in an event of bankruptcy, insolvency or other contractual        incapacity of the Subscriber;
 
  • Camworx cannot verify or        authenticate any information submitted on the Customer Authorisation        Form; or
 
  • for any reason Camworx suspends        or discontinues the Service, or is unable to supply the Service to you        including where Camworx is obliged to comply with an order, instruction        or request of Government, a statutory Government body or other competent        authority.

Camworx shall terminate the Agreement if the      period of suspension lasts more than ninety (90) days.

Camworx reserves the right, at its sole      discretion, to pursue all of its legal remedies upon breach by the      Subscriber of this Agreement, including but not limited suspending      provision of the Service and/or terminating your order and all or any other      contracts between us and you. Further, you agree that Camworx shall not be      liable to you or any third party for any modification, termination or      suspension of your access to the Service.

 

The subscriber’s responsibilities      and use of the service

 

The Subscriber agrees that in using the Service      it shall not violate the law or aid another in any unlawful act.

Except for information, products or services      clearly identified as being supplied by Camworx, Camworx does not operate      or control any information, products or services on the Internet.

Camworx is not responsible for Content or      policies available on other sites linked to its site. Use of any links to      other web pages, is at the Subscribers own risk.

If Subscribers wish to transact over the      Internet, they may be asked by the merchant or Camworx from whom they are      making the purchase to supply certain information, including credit card or      other payment mechanism information. Unless Camworx is a party to such      transaction however, Camworx disclaims any and all liability for any      failure or duplication of such a transaction as a result of any cause      whatsoever, including disruption of the Service for any cause whatsoever.

The Service is provided on an “as is, as      available” basis. Subscribers release Camworx from and Camworx shall have      no liability or responsibility for any direct, indirect, incidental, or      consequential damages suffered by any Subscriber in connection with their      use of or inability to use the Service including, but not limited to,      damages from loss of data resulting from delays, non-deliveries,      mis-deliveries, or service interruptions, or due to inadvertent release or      disclosure of Content or other information sent by them even if the same is      caused by Camworx’s own negligence. Camworx specifically disclaims any      responsibility for the accuracy or quality of information obtained through      the Service.

 

Intellectual property rights

All trademarks, logos and taglines identifying      Camworx or its affiliates, and all software, graphics, ../../images, content,      button icons, service names, business names, domain names, copyright and      related rights, database rights and rights in get up (the “Material”) are      solely Camworx’s property or that of its operating companies or others.

Camworx’s Material may not be used by the      Subscriber for any purpose whatsoever unless the intended use of the      Material is approved in advance by Camworx in writing.

Camworx reserves the right to seek all remedies      available at law, in equity or under international copyright laws for      violation of this Agreement or for breach of any third party’s Intellectual      Property Rights.

The Subscriber understands that they may be held      liable both under civil and criminal law for infringements of the      Intellectual Property Rights of others. Subscribers may be held liable for      all actual damages and profits, legal fees, costs, or the court may award      statutory damages or fines or imprisonment for breach of a third party’s      Intellectual Property Rights.

Disclaimers

This clause limits Camworx’s legal liability to      you for your access to and use of the Service. You should read this clause      carefully. Nothing in this Agreement is intended to limit any rights you      may have as a consumer under common law or other statutory rights which may      not be excluded.

The SERVICE IS available to all users “as is”      and, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS      MADE AVAILABLE without any representations or warranties of any kind,      either express or implied.

Camworx makes no representations, warranties or      undertakings that the SERVICE, the EQUIPMENT or any other equipment that      makes the service available, will be free from defects, including, but not      limited to viruses or other harmful elements. to the maximum extent      permitted by applicable law, CAMWORX accepts no liability for any infection      by computer virus, bug, tampering, unauthorised access, intervention,      alteration or use, fraud, theft, technical failure, error, omission,      interruption, deletion, defect, delay, or any event or occurrence beyond      the control of CAMWORX , which corrupts or effects the administration,      security, fairness and the integrity or proper conduct of any aspect of the      SERVICE.

All use by you of the SERVICE is at your own      risk. You assume complete responsibility for, and for all risk of loss      resulting from, your using of, or referring to or relying on the EQUIPMENT      or the Service, or any other information obtained from your use of the      SERVICe. You agree that, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,      CAMWORX and providers of telecommunications and network services to CAMWORX      will not be liable for damages arising out of your use or your inability to      use the SERVICE, and you hereby waive any and all claims with respect      thereto, whether based on contract, tort or other grounds.

No advice or information, whether oral or      written, obtained by you from Camworx shall be deemed to alter this      disclaimer of warranty, or to create any warranty.

Indemnity and limitation on      liability

The Subscriber hereby indemnifies and holds      Camworx harmless from and against any and all liabilities, costs, expenses,      losses, injury, damage, fines, penalties and claims of whatsoever nature      and howsoever arising from or connected with this Agreement, the use or      possession of the Equipment, and /or the use of the Service and whether or      not such claims are caused by any act or omission of the Subscriber or any      third party.

Liability is neither restricted nor excluded      for death or personal injury resulting from any negligent act or omission      by Camworx or the negligent acts or omissions of Camworx representatives or      contractors while acting on its behalf.

To the fullest extent permitted by applicable      law, neither Camworx nor any of its directors, employees, servants, agents,      affiliates or other representatives and/or their respective parent and      subsidiary companies will be liable under or in connection with this      Agreement for loss or damages arising out of or in connection with the use      of, or inability to use, the Equipment and/or the Service including, but      not limited to, direct, indirect or consequential loss or damages, lost or      destroyed data, loss of income, loss of profits, loss of business or      revenue, loss of contracts or anticipated savings, wasted expense,      financial loss, loss of or damage to property and claims of third parties      even if Camworx has been advised of the possibility of such loss or      damages, or such loss or damages were reasonably foreseeable.

Camworx shall not be liable for failure to comply      with undertakings under this Agreement if hindered from doing so by      something outside its reasonable control. Matters outside its reasonable      control will include but not be limited to lightning, flood or severe      weather conditions, fire or explosion, civil disorder, terrorist activity,      war, actions of local or national government or industrial disputes,      performance of leased or rented telecommunications services or network or      other operators, and Internet network, outside of Camworx’s Equipment, is      beyond its reasonable control.

Assignment and delegation

The Subscriber shall not assign or transfer any      of their rights or obligations under this Agreement without the prior      written consent of Camworx. Camworx shall be entitled to assign, novate,      transfer, mortgage or novate all or part of its rights and obligations      under this Agreement to any third party at its absolute discretion,      including for the avoidance of doubt it’s rights of ownership in the      Equipment.

Jurisdiction                                     This Agreement shall be governed by and      construed in accordance with Irish law and the parties hereby submit to the      exclusive jurisdiction of the Irish Courts.

Personal Data                                     Camworx respects and protects its Subscribers      right to privacy in accordance with the Data Protection Acts 1988 and 2003.      Any personal data obtained by Camworx through an application for the      Service may be used by Camworx for the purposes of performing its      obligations under this Agreement and for risk assessment, market research,      marketing, debt recovery and credit checking purposes, accurate billing and      administration of the Service. The Subscriber shall be deemed to have given      consent for the use of their information for such purposes

 

General terms

None of the provisions of this Agreement shall      be interpreted as to deprive you of any rights you may have as a consumer      under mandatory Irish law.

Each of the Parties chooses, for the purposes      of the giving of any notice, the serving of any process and for any other      purposes arising from this Agreement, their respective addresses as set      forth on the Customer Order Form.

Any prices, quotations and descriptions made or      referred to on the Camworx website are subject to availability, do not      constitute an offer and may be withdrawn or revised at any time prior to      our express acceptance of your order.

This Agreement contains the entire agreement      between the Parties and no party shall be bound by any undertakings,      representations, warranties, promises or the like not recorded herein. No alteration,      cancellation, variation of, or addition hereto shall be of any force or      effect unless reduced to writing and signed by all Parties to this      Agreement or their duly authorised representatives.

Each party shall bear their own costs related      to the preparation or completion of this Agreement.

No indulgence, leniency or extension of time      which Camworx may grant or show to the Subscriber, shall in any way      prejudice Camworx or preclude Camworx from exercising any of its rights in      the future.

In this Agreement the singular shall include      the plural and visa versa, one gender shall include the other genders,      lower case letters shall refer to capital letters and visa versa and      headings used in this Agreement are for reference purposes only and shall      not be taken into account in construing the contents of this Agreement.

If any provision of this Agreement is      prohibited by law or found to be unlawful, void or otherwise unenforceable,      such provision shall, to the extent required by applicable law, be severed      from this Agreement. The remaining provisions of this Agreement shall not      as far as possible be changed or modified and all other terms and      conditions not so severed shall continue in full force and effect.

Camworx reserves the right to revise the terms      of this Agreement at anytime. Camworx shall indicate on its website the      date of the last revision of the terms of this Agreement. Such changes will      take immediate effect when they are posted on this website, or upon such      date as may be reasonably notified.

Camworx recommends that the Subscriber prints      off a copy of these terms and conditions and privacy statement for your own      records. The parties agree that the fact that this Agreement may be stored      or exchanged in electronic form shall not affect its validity.

The Subscriber acknowledges that he/she has      read, understood and agrees to be bound by the terms of this Agreement. The      Subscriber further acknowledges that this Agreement was fully completed and      the particulars set forth therein are true and correct.