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General Alert Ltd - Terms and Conditions

1. General Agreement
1.1 General Alert Ltd and the Customer (being an entity subscribing to General Alert Ltd for the provision of the General Alert Information [GA-Information] Services, accept, without limitation or qualification, these terms and conditions).
1.2 The Customer agrees to be bound by ALL General Alert Ltd's Terms and Conditions as displayed on the General Alert Ltd Internet web site at General -Alert.com. The Customer understands that ALL General Alert Ltd's Terms and Conditions can be amended from time to time. Customers are bound by any revisions as at the date they are displayed and should regularly examine the current Standard Terms and Conditions displayed on the General Alert Ltd Internet web site at general-alert.com.
1.3 If the Customer fails to comply with any of the conditions set out in this Agreement and/or with General Alert Ltd's Terms and Conditions, General Alert Ltd may terminate this Agreement immediately by giving written notice. On termination, the Customer's right to use the GA-Information Service ceases immediately and General Alert Ltd will not be liable for any loss or damage suffered by the Customer.
1.4 This Agreement shall operate and be binding upon the parties from the date of its execution.
1.5 This Agreement shall be deemed to have been made in Saffron Walden, United Kingdom, and it shall be governed and interpreted according to the laws, including conflict of laws, applicable in the United Kingdom. Each of the parties submits to the jurisdiction of the United Kingdom.
1.6 General Alert Ltd reserves the right to change these Terms and Conditions without notice to the Customer.
1.7 If the Customer acquires the General Alert Ltd GA-Information Service by signing an Agreement or an online Agreement provided to the Customer by a General Alert Ltd Dealer, the Customer acknowledges that the Dealer is acting as General Alert Ltd’s agent only for the purposes of receiving this Agreement from the Customer and providing it to General Alert Ltd. The Dealer is not General Alert Ltd’s agent for any other purposes or in any other capacity and the Service is not provided by the Dealer. The Customer acknowledges that the General Alert Ltd Dealer is not the Customer’s agent.
1.8 The Customer agrees that information concerning the Customer will be held by General Alert Ltd and may be used to enable both parties to perform obligations defined in this Agreement and any other agreements between General Alert Ltd and the Customer.
1.9 This Agreement overrides and cancels any previous agreements, whether verbal or otherwise, arrangements or commitments between the Customer and General Alert Ltd relating to GA-Information Services.
2 Billing
2.1 The Customer agrees to pay charges for the GA-Information Service in accordance with the General Alert Ltd Price List. The Customer understands that these charges might be altered from time to time by General Alert Ltd without prior notice. However, General Alert Ltd will not increase the GA-Information charges payable by the Customer during the Initial Contract Period.
2.2 Account changes, additions and/or cancellations may incur additional charges, as displayed on the General Alert Ltd website General-Alert.com and the General Alert Ltd Price List.
2.3 The Customer agrees to pay all set-up, deposit, rental and usage charges (where applicable) and any other charges related to the Service chosen by the Customer by cheque, credit card or money order, once the GA-Information connection has been established as available.
2.4 General Alert Ltd will commence the Initial Contract Period and the billing cycle on the day the Customer signs up for the service, and billings will occur on the calendar day every month until the service is cancelled. The Signing Up date is deemed to be the date on which the initial GA-Tokens are purchased by the Customer to be credited to his Account, and the deposit paid by the Customer for the rental of the SIM card to be used in the General Alert equipment.
2.5 You may terminate the Service by giving General Alert Ltd notice before the start of your next month's billing period. Any deposit held against the return of the SIM card will not be released until the SIM card is physically returned to General Alert Ltd at the Customer’s expense.
3 Usage
3.1 The Customer is responsible for all usage charges in respect of the use of the GA-Information Services whether or not such usage was authorised. It is the Customer's responsibility to maintain the security of the means of access to the GA-Information Services and to ensure unauthorised use does not occur such as the use of security software such as firewalls or the periodic changing of passwords and the deleting of unwanted sub-user accounts.
3.2 The Customer may only use the GA-Information service through the purchase of GA-Tokens either purchased on general-alert.com, directly from General Alert Ltd or on of General Alert’s Dealers.
3.3 The value of one GA-Token is nominally GBP0.01. The Customer accepts that this nominal value may change from time to time.
3.4 GA-Tokens are purchased in advance of use and are depleted monthly as payment of the SIM card rental, and also depleted in the general running of the communications aspects of the GA-Information system. Full pricing details are displayed on General-Alert.com. The Customer agrees that prices may change from time to time.
3.4 Any unused GA-Tokens for any Customer account will not be reimbursed under any circumstances as the GA-Tokens are paid for in advance.
3.5 The GA-Tokens that you purchase may only be used for the Account for which you purchase them, unless otherwise specified. You cannot transfer GA-Tokens to be used on another Account under any circumstances.
3.6 The Customer is responsible for checking the balance of GA-Tokens on their account by viewing their secure pages on general-alert.com. Whilst General Alert Ltd will use its best endeavours to ensure that Customers are made aware of a low GA-Token balance, loss of performance of the GA-Information system due to a lack of pre-paid GA-Tokens will be entirely the responsibility of the Customer. General Alert will not be liable for any consequential losses arising from such lack of performance.
3.7 The Customer accepts that their GA-Information system account will cease to function once the GA-Token balance has been reduced to zero. General Alert Ltd takes no responsibility for any consequential loss caused by such lack of function. Under no circumstances will a Customer’s account be allowed to function on a negative balance of GA-Tokens.
4 Liability
4.1 The Customer acknowledges that General Alert Ltd cannot be held responsible for any loss incurred by the Customer because of faults and/or failures within Third Party Carrier's GSM, telephone, satellite Network infrastructure.
4.2 Customers use the GA-Information Service at the Customers’ own risk and General Alert Ltd takes no responsibility for any consequential loss caused by the faulty operation of equipment supplied by General Alert Ltd. The Customer agrees not to make any claim against General Alert Ltd, its suppliers, employees, contractors or assignees for any loss, damages or expenses relating to, or arising from, this Agreement or the use of the GA-Information Service.
4.3 General Alert Ltd will use its best endeavours to make the GA-Information Service available to the Customer 24 hours a day, 7 days a week. The Customer acknowledges that General Alert Ltd cannot guarantee uninterrupted service, the speed, performance or quality of the GA-Information Service. The Customer further acknowledges that the GA-Information Service is not fault free and there may be interruptions and/or access problems from time to time as General Alert Ltd depends on the performance of Third Parties over which General Alert Ltd has no control and therefore can accept no liability for problems that may arise from the Service.
4.4 The Customer hereby indemnifies General Alert Ltd against all liability, costs, loss or damage, suffered or incurred by General Alert Ltd, its suppliers, employees, contractors and assignees arising from their use of the GA-Information Service.
4.5 General Alert Ltd shall not be liable for the consequences of an occurrence of any event beyond its reasonable control and such event shall not amount to a breach of this Agreement.
4.6 The Customer accepts that all installed equipment being part of the GA-Information system should be rigorously checked following installation and thereafter regularly and frequently checked to ensure good functionality.
4.7 The Customer accepts that the GA-Information system is designed to provide information to aid in management and decision making processes. The GA-Information system is not designed to be, and should not be considered as, a First Class security system to be used in the place of specifically designed and specified systems to detect fire, flood or other life or property threatening events.
5 Misuse of Service
5.1 You have no right to use any Trademark displayed on the General Alert Ltd web site without the permission of the party that owns that Trademark.
5.2 General Alert Ltd reserves the right to suspend or terminate, with or without notice, any Customer’s account, which in General Alert Ltd’s opinion, directly or indirectly is involved in activities, which are detrimental to General Alert Ltd’s Information Service or jeopardise the use of General Alert Ltd’s service or its performance for other Customers or how the wider community will perceive General Alert Ltd. This includes, but is not limited to activities that may be harmful to people or property, or may be perceived to be so.
5.3 The Customer must not use the General Alert Ltd service in a way or transmit to or via the General Alert Ltd service any material or device which interferes with other users of electronic equipment or which inhibits any other customer from using or enjoying the General Alert Ltd service. The Customer must not attempt any of these acts or permit another person to do any of these acts.
5.4 General Alert Ltd reserves the right to suspend without notice any Customer’s account involved in offensive and/or illegal activities under UK, EU or International law. In such a case the relevant law enforcement agency(ies) will be notified, and where possible offending material(s) and information of activities passed on.
5.5 General Alert Ltd does not under any circumstances permit the resale to any other party of General Alert Ltd Accounts. Any Customer found doing this would be charged for all of that Customer’s usage and any other party’s usage to which they have sold or divulged material to enable access to General Alert Ltd’s Information system at ten times the current rate applicable. General Alert Ltd may terminate the Customer’s account without notice and without refunding any subscriptions paid but unused.