TERMS AND CONDITIONS

1 INTRODUCTION AND INFORMATION ABOUT SECURITAS

1.1 These terms and conditions apply to all transactions, agreements and offers made by Securitas for the sale or lease of equipment and/or services.

1.2 Securitas has the VAT number 010652 and is registered in the Iceland Revenue and Customs Register of Enterprises. You can contact Securitas by phone at 580-7000, via web chat or via email securitas@securitas.is. All comments, questions or complaints regarding these Terms and Conditions or transactions between the customer and Securitas shall be directed there.

2 TERMS

2.1 The following terms shall have the meanings given to them in these terms and conditions:

a) Securitas: Securitas hf., registration number 640388-2699, Tunguháls 11, 110 Reykjavík.
b) Supplier: A party that supplies Securitas with equipment or software.
c) Equipment: All kinds of objects, utensils, devices and products that the customer either rents or buys from Securitas as part of a service on the basis of a service agreement.
d) Purchased equipment: All equipment purchased by the customer from Securitas and specified in a service agreement between the parties. All purchased equipment is the property of the customer and is his responsibility.
e) Special order: Equipment that is specially ordered at the customer’s request and is not usually in stock.
f) Rented Equipment: Equipment that is owned by Securitas and is rented to customers as part of a service based on a service agreement. Customers are required to return all rented equipment to Securitas at the end of the contractual relationship.
g) Labels: Stickers and other markings indicating that a specific area is monitored by Securitas and that Securitas lends to its customers as part of a service on the basis of a service agreement. Customers are required to return all labels to Securitas at the end of the contractual relationship.
h) Security system: Specialized control and/or communication equipment that Securitas either sells or rents to its customers during the term of a service agreement and is further described in the service agreement between the parties. The security system is part of rented equipment.
i) Software: Specialized software that the customer gets access to during the term of a service agreement against payment of agreed license fee. Included in the license fee is the license cost, which is service that is purchased from suppliers of Securitas. All software that Securitas provides customers with access to is the property of suppliers of Securitas and the customer does not acquire any ownership rights over the software. The owner of the software is responsible for all updates to it.
j) Subcontractor: A party that, according to an agreement with Securitas, undertakes to perform part of the services covered by a service agreement.

k) Audit: A systematic examination carried out by Securitas for a fee in order to determine whether the functionality of the security system is in accordance with relevant requirements and whether its functionality is suitable for achieving the objectives pursued by the use of the security system.
l) Terms and Conditions: These terms and conditions as they are at any given time. The latest version is always available on Securitas’ website.
m) Customer: A person, company, public body or institution that has entered into a service agreement with Securitas for the purchase or rent of equipment and services.
n) Services: The services provided by Securitas to customers and are further defined in a service agreement between the parties.
o) Service Agreement: An agreement between Securitas and a customer in which Securitas either sells or rents equipment to the customer, and/or undertakes to provide the customer with specified services. A description of the service, limitation and scope can be found in the relevant service agreement. These terms and conditions are considered part of all service agreements.

3 SERVICE FEE AND COSTS

3.1 For services and/or equipment, the customer pays the fee specified in the service agreement and other fees stated in these terms and conditions. Securitas may increase or decrease the monthly fee in accordance with Article 21.

3.2 A customer has the right to cancel the purchase of a product without specifying any reason within 14 days, except in the case of a special order. A specially ordered product cannot be returned, refunded or exchanged for another product.

3.3 In the event of a dispute about the amount of invoices, the customer cannot refuse payment of the part that is undisputed. The customer must inform Securitas of any comments on invoices immediately and no later than within seven days of the invoice being issued.

3.4 If payments are not made on the final due date, penalty interest is calculated in accordance with Chapter III of the Interest Act No. 38/2001 from the due date, together with arrears costs.

3.5 Collect

a) The method that Securitas chooses to use for primary and intermediate collection for non-payment, i.e. the publication of a collection warning and intermediate collection letters, depends on the business relationship between Securitas and the customer. This applies regardless of whether the collection is carried out by Securitas or by a collection agency or attorney assigned by Securitas to handle the collection.
b) The customer is responsible for registering his telephone number, address and e-mail address with Securitas, and notifying Securitas of any changes he may make to his contact information.
c) If a customer has neglected his obligation to update contact information, neither Securitas nor the debt collection agency is responsible for the failure to receive notifications to the customer, nor for any damage the customer may suffer as a result of the aforementioned communication method being used.
d) The customer is aware that contact information may be shared with a third party, i.e. a debt collector, for the above purposes.
e) The customer is aware that primary and intermediate collection costs are collected in accordance with regulations in force at any given time.

3.6 Charges

a) If fees are agreed upon in a service agreement, they are paid in advance and the due date and final due date are stated on the invoice, unless otherwise agreed.
b) Unless otherwise specified in the service agreement, fees are subject to changes according to the wage index for indexation. The base index in the same month as the date of the signed service agreement is used, and the fees either increase or decrease in accordance with changes to the wage index. Fees are never lower than the base index indicates.
c) Fees are divided into three items, (i) service fee, (ii) license fee and (iii) rental of equipment.
d) Included in the service fee is remote monitoring and processing of warning and emergency messages, operation of the security system’s communication channels, operation of the web interface and app, including software updates of that software, as well as the service items specifically listed in the service agreement. If a service item is not specifically specified in the service agreement as part of the service, Securitas will charge a special fee for that service in accordance with Securitas’ price list at any given time.
e) Included in the rental of equipment is the rental and maintenance of the rented equipment.

3.7 Start-up costs

If start-up costs are agreed, such costs shall be paid at the beginning of a contractual relationship, as specified in the service agreement.

3.8 Travel expenses

a) The customer shall pay for all services performed by Securitas, such as transportation, daily allowances and other travel expenses in accordance with Securitas’ price list at any given time.
b) A detailed description of Securitas’ service area can be found on the company’s website.

3.9 Other costs

Securitas offers a call-out service. A service fee is charged for call-outs according to two charges, one for call-outs within Securitas’ normal opening hours and the other for priority service according to the price list. In addition, Securitas is authorized to collect all costs for call-outs that can be traced to incorrect or negligent conduct on behalf of the customer.

4 SERVICE

4.1 By entering into a business relationship with Securitas, the customer agrees that Securitas may communicate with the customer electronically, e.g. via e-mail.

4.2 Securitas offers its customers remote monitoring of the security system, as well as emergency services in Securitas’ service area at any given time, with round-the-clock monitoring all year round.

4.3 The security system’s communication channel to Securitas’ control center is through public mobile networks in Iceland. The communication channel is an integral part of the security system and the property of Securitas. Customers are not permitted to share that communication channel in any way.

4.4 If Securitas’ equipment requires a connection to the Internet, the customer shall provide that communication channel and ensure that it is active at all times. The customer bears all costs associated with such a communication channel. The customer is responsible for and bears all costs of setting up the internet, for example fixing IP addresses. If equipment requires a wireless connection, the customer is responsible for ensuring that the connection strength is sufficient in relation to the equipment‘s requirement and bears all costs thereof.

4.5 In some cases, the customer can control the security system through a web interface and an app. The customer is responsible for ensuring that all users of the app have the latest version of the app at any given time.

4.6 Special attention is drawn to the fact that pet sensors have a lower sensitivity capacity than conventional sensors, which can lead to security systems starting too late or not starting in the event of a possible break-in.

5 OBLIGATIONS OF CUSTOMERS AND SECURITAS

5.1 The customer shall provide Securitas with satisfactory access to its facilities and, as applicable, to provide access to suppliers or subcontractors, so that Securitas is able to carry out its obligations under the service agreement. The customer shall also provide Securitas with necessary and correct information, instructions and/or orders so that Securitas can fulfil its obligations.

5.2 Securitas shall perform the services stipulated in the service agreement in accordance with the description and scope stipulated therein. Securitas is not obligated to provide customers with services beyond what is stipulated in the service agreement. Securitas reserves the right to refuse to perform services at any time.

5.3 If a customer sells purchased equipment to a third party, Securitas is not obligated to provide that party with services related to the equipment, unless otherwise agreed.

5.4 The customer shall not abuse the services provided by Securitas in any way. This includes, for example, when a customer deliberately causes the security system to start or in some other way causes an unreasonably high load on the security system, equipment and/or services.

5.5 When placing equipment, the customer should keep in mind that equipment can be sensitive to weather and not all equipment is intended for outdoor use. The customer shall follow Securitas’ instructions on the location of equipment.

6 ARRANGEMENT

6.1 Securitas estimates hourly work for the installation of equipment for the customer. The plan assumes, unless otherwise stated, that all equipment is located at a maximum ceiling height of 3 meters, that appropriate cables have been laid for all equipment, that work can be carried out continuously in one session and that no special tools are required apart from those specified in the collective agreement between SA and the Association of Electrical Contractors on the one hand and the Icelandic Electrical Industry Federation on the other hand, as it is at any given time.

6.2 Securitas collects a special fee from customers for the installation of equipment that must be located at a ceiling height of more than 3 meters, if cables need to be laid for cameras and security sensors, if it is not possible to carry out work continuously in one session due to incidents for which Securitas or parties on behalf of Securitas are not responsible, and if special tools need to be used that are not specified in the collective agreement between SA and the Association of Electrical Contractors on the one hand and the Icelandic Electrical Industry Federation on the other hand, as it is at any given time. Similarly, Securitas collects a special fee from customers if they need to rent a forklift or pay for other costs for the installation of equipment.

6.3 In consultation with customers who have an active remote security contract and appropriate equipment, Securitas will install special signs indicating that the area is monitored by Securitas.

6.4 If a customer requests that Securitas removes equipment and/or replaces signs, the customer shall pay separately for that service.

7 CHANGES TO HOUSING

7.1 The customer shall notify Securitas with reasonable notice of any changes and/or construction to the premises in which the security system is located if such changes and/or construction may affect the system’s functionality or in any other way may be relevant to the execution of the service agreement.

7.2 The customer may in no way obstruct access to the security system, e.g. by means of a cover or other barriers.

7.3 If a customer wishes to make changes the security system after its installation has been completed, the customer shall pay for this work according to Securitas’ price list at any given time.

7.4 If a remote control belonging to the security system is lost (if applicable), the customer shall notify Securitas immediately, as it weakens the security at the place of custody.

8 DELIVERY OF KEYS AND AUTHORIZATION FOR USE

8.1 Securitas shall, in consultation with the Customer, receive and store keys to the Customer’s premises in which the security system is located and monitored. The keys are kept at Securitas’ office. The customer is responsible for ensuring that Securitas always has keys that lead to the monitored premises and shall provide Securitas with a new set of keys if necessary, for example if the lock is changed during the contract period.

8.2 Securitas is authorised to use the keys when a message is received from a security system and a password cannot be provided in a telephone call or if the security system stops sending test messages. Securitas is also authorized to hand over keys to the police upon presentation of a court order or upon receipt of verifiable consent from the customer.

9 WARNINGS, DISTRESS MESSAGES AND CALL-OUTS

9.1 Securitas receives warning and distress messages from the security system and calls and sends a security guard to the call-out location in accordance with the applicable work rules of the Securitas control center at any given time. Securitas also contacts the customer or his/her contact person, who can opt out of a security guard at the call-out location by providing a password. In some cases, customers will also receive notifications of warning and distress messages in the app and can also opt out of call-outs there.

9.2 When the security guard arrives at the call-out location, he/she shall investigate the cause of the summons from the security system and take appropriate measures in accordance with Securitas’ procedures.

9.3 Call-out service is available around the clock, every day of the year in Securitas’ service areas.

10 PROPERTY RIGHTS, EXCHANGE OF RISKS AND OBLIGATIONS AT THE END OF THE CONTRACTUAL RELATIONSHIP

10.1 Securitas retains ownership rights to rented equipment and labels that are delivered to customers in connection with services rendered.

10.2 Securitas retains ownership rights to the purchased equipment until the customer has paid for it in full. Even if the customer buys equipment, the customer does not acquire any intellectual property rights related to the equipment, for example intellectual property rights over computer programs and computer code or ownership rights over labels.

10.3 Securitas also retains ownership rights to all other equipment that is delivered to the customer in connection with the service provided, no matter what name it is called, unless the customer purchases the equipment and pays for it in full.

10.4 In the case of the sale of equipment, there shall be a risk exchange at the time of delivery or installation. Equipment is considered delivered when the customer has received it or as soon as it was possible.

10.5 Upon termination of the contract, the customer shall deliver to Securitas all equipment owned by Securitas, together with markings, and provide all assistance necessary to restore it, including in the manner provided for in Article 5.1.

10.6 If a customer does not provide access to equipment and labels owned by Securitas at the end of the agreement, Securitas is authorized to issue a monthly invoice to the customer for the use of equipment and labels in accordance with Securitas’ current price list at any given time until the equipment and labels have been returned to Securitas. Once leased equipment and labels have been returned to Securitas, the customer is obligated to pay issued invoices for use during the period from the end of the contractual relationship until the equipment and labels have been returned.

10.7 If rented equipment is stolen from the customer or lost during the term of the agreement, the customer must notify Securitas as soon as possible. Securitas then shuts down the service. If rented equipment is not found or is not returned within a reasonable time in the opinion of Securitas, Securitas is authorized to issue an invoice to the customer for the purchase of the equipment in question according to Securitas’ current price list at any given time.

11 RESPONSIBILITIES OF THE CONTRACTING PARTIES AND INSURANCE

11.1 Responsibility

a) Liability for purchased equipment purchased by individuals is governed by the Act on the Sale of Goods to Consumers, and liability for purchased equipment purchased by legal entities is governed by the Act on the Sale of Goods, in force at any given time. The warranty for new equipment sold to individuals is 2 years, while the warranty for new equipment sold to legal entities is 1 year.
b) Warranty on purchased equipment does not cover normal wear and tear or use of equipment. The warranty is void if anyone other than Securitas employees has tampered with the equipment without consent. Warranty does not cover malfunctions or damage due to external causes, such as weather, fire, water, theft, accident, strikes, electrical failure, or voltage changes. The warranty does not cover equipment that is sold used, unless this is specifically agreed upon before the purchase is finalized.
c) Securitas is not responsible for any damage that may occur during the transfer of equipment to a third party. If a customer wants to secure equipment specifically for transportation, this needs to be clearly stated at the time of purchase.
d) Securitas is not responsible for repairing holes, painting or removing other traces of labels and equipment when it is removed.

11.2 Liability

a) Securitas’ liability is limited to direct losses that the customer may suffer in connection with the service agreement between the parties. Thus, Securitas’ liability does not extend to indirect or consequential damage suffered by the customer or third parties. Thus, Securitas is also not liable for the sole reason that the functionality of the service and/or equipment did not perform as expected, or in the event of malfunctions in equipment that cannot be traced to Securitas, or due to the customer’s incorrect use of Securitas’ equipment or services.
b) Securitas’ liability is also limited to the damage that the customer demonstrably suffers due to Securitas’ intent or gross negligence.
c) If Securitas terminates the service agreement between the parties due to the customer’s default, Securitas shall not be liable for any damage that may occur as a result of the termination.
d) Securitas’ liability is limited to a maximum of the amount equal to the fee paid by the customer to Securitas under the service agreement during the twelve months prior to the event of damage.
e) In other respects, liability is governed by general rules of tort law.

11.3 Insurance

The customer is aware that the services provided by Securitas are not of such a nature that insurance, e.g. fire, water damage, equipment, business interruption, burglary and/or other insurance and liability insurance are unnecessary for the customer. The customer must therefore insure his or her interests and belongings as needed at any given time.

12 MAINTENANCE AND REPAIRS

12.1 Unless otherwise agreed, Securitas shall be responsible for the general maintenance of rented equipment for normal and traditional use. Customers who are individuals are responsible for battery replacement according to use. Customers who are either individuals or legal entities are responsible for all maintenance and operation of purchased equipment. Securitas can assist customers with battery replacement.

12.2 In consultation with the customer, Securitas conducts an audit of the effectiveness of the security system.

12.3 All software updates are performed by Securitas’ suppliers. Customers who have local software are responsible for updating themselves with the assistance of Securitas.

12.4 All repairs of purchased and/or leased equipment shall be carried out by Securitas or parties on behalf of Securitas, and other parties shall not be permitted to carry out repairs of equipment without the approval of Securitas.

12.5 The customer is responsible for all damage and unauthorized modifications to rented equipment. If repair costs of rented equipment can be traced to incorrect or bad treatment, Securitas is authorized to collect these costs separately in accordance with the current price list.

12.6 Maintenance services shall generally be provided during daytime hours as defined by Securitas at any given time. If the customer specifically requests maintenance outside daytime hours, a fee is charged according to a price list.

12.7 If the customer believes that the rented or purchased equipment is defective or does not function properly, the customer should contact Securitas for further analysis. Securitas reserves the right to verify whether there is a defect. Securitas shall then decide how to deal with the defect, e.g. whether to reimburse equipment, repair it or replace it with non-defective equipment.

13 CONTACTS

13.1 The customer shall designate three or more contact persons that Securitas can contact if necessary.

13.2 Any change in contact persons shall be notified to Securitas in a verifiable manner immediately.

13.3 Customers are required to appoint the right contacts for actions that have affect on their services.

14 ARREARS AND RESCISSION

14.1 If either party fails to fulfil its contractual obligations or becomes unable to fulfil them, either party may terminate the business relationship without notice by giving notice to that effect, which shall be verifiably received, either in writing or by e-mail. Upon termination, Securitas is authorized to break the connection to the control center, disable apps and/or take down and remove labels and/or rented equipment at the customer’s expense..

15 VALIDITY AND TERMINATION OF AGREEMENTS BETWEEN PARTIES

15.1 Agreements between Securitas and its customers enter into force upon their signing.

15.2 Termination and cancellation of contracts automatically leads to the termination or cancellation of all appendices, unless otherwise agreed.

15.3 The termination or cancellation of one appendix shall not affect the validity of any other appendix or the service agreement in any other respect, provided that the parties otherwise comply with the terms and conditions of the service agreement and other appendices.

15.4 The notice period for Securitas’ contracts with customers is one month, unless otherwise agreed.

15.5 At the end of the contract period, the customer shall retrieve the keys that have been in Securitas’ possession.

15.6 Keys that are not retrieved at the end of the contract period will be discarded three months after the end of the contract period.

16 DATA PROTECTION AND PROCESSING OF PERSONAL DATA

16.1 Securitas’ services may involve the processing of personal data. Securitas’ processing of personal data shall comply with the requirements of the Data Protection Act. The processing is governed by Securitas’ privacy policy, which is available on Securitas’ website (https://www.securitas.is/personuverndarstefna.html).

16.2 Securitas is the processor and customer the controller within the meaning of the Data Protection Act for the processing of personal data generated by equipment to which Securitas has access for its services.

17 FORCE MAJEURE

17.1 In the event of force majeure, e.g. fire, strikes, natural disasters, a state of war, terrorism or disruption of telecommunications, it is permissible to deviate from the provisions of these terms and conditions.

18 SUBCONTRACTORS

18.1 Securitas is authorized to outsource its services in part or in whole to subcontractors.

18.2 In other respects, the liability of subcontractors shall be limited to the provisions of Article 11.

18.3 Subcontractors are permitted to contact the customer by e-mail or telephone in connection with agreed services.

19 TRANSFER OF RIGHTS

19.1 The customer shall not be permitted to transfer his/her rights under the service agreement between the parties without the prior written consent of Securitas.

20 DISPUTE RESOLUTION

20.1 These terms and conditions are governed by Icelandic law.

20.2 Securitas and the customer shall endeavour to reach an agreement in the event of a disagreement regarding the implementation or interpretation of the terms and conditions.

20.3 If the parties do not reach an agreement, the customer may be entitled to a ruling from the Complaints board for goods and services (www.kvth.is) regarding the dispute.

20.4 If a court case arises out of dispute over the terms and conditions or the service agreement, it shall be brought before the District Court of Reykjavík.

21 ANOTHER

21.1 In the event of any inconsistency between the service agreement and the terms and conditions, the terms and conditions shall prevail, unless otherwise specified.

21.2 Securitas reserves the right to change these terms and conditions and price list at any time. The customer shall be notified of such changes at least one month in advance. The latest version of the terms and conditions is always available on Securitas’ website.

21.3 If changes to these terms and conditions are insignificant, the terms and conditions may only be published on Securitas’ website.

21.4 The customer is deemed to have accepted changes to these terms and conditions if he pays for the service at the end of the month after the changes take effect.

21.5 This is an English translation of the terms and conditions of Securitas, which are originally in Icelandic. In the event of any inconsistency between this English translation and the original Icelandic version, the Icelandic version shall prevail.