Terms and Conditions
In the interpretation of this Deed, unless otherwise indicated by the context or subject matter:
1.1“Activation” means the successful reception of images at the Monitoring Centre from the System as the result of an Event.
1.2“Alert” means an Activation where there is not positive evidence in the images received of unauthorised access to the site, actual criminal activity or other activity that warrants a Response.
1.3 “Alarm Condition” means any change in state of a designated input resulting from any one of the following:
1.3.1 activation of a detection device;
1.3.2 activation of a tamper detection device;
1.3.3 System Fault;
1.3.4 unlawful entry or attempt to enter.
1.3.5 video motion detection from a camera
1.3.6 any combination of the above
1.4“ Response Plan” means the agreed instructions for the actioning and resolution of an Alarm, Activation, Alert, Event or System Fault that have been stated and set out in Section 5 of the Commissioning Form, or as amended from time to time, and agreed to by JD Security.
1.5 “Contract” means this contract commencing on the day referred to in section H for the Term unless terminated earlier by either party in accordance with this agreement.
1.6 “Customer” refers to the customer named in section A of the Contract, its successors and permitted assigns.
1.7 “Data” means video images received from the Customer’s video surveillance system as the result of an Activation, unlawful entry or attempt to enter or video motion detection from a camera.
1.8 “Detector” means a device that detects an Event.
1.9 “Ecare” means the reverse heartbeat sent from the JD Security video monitoring server to the System to ensure that it is online and working. System must be compatible for this service to be provided.
1.10 “Emergency Services” means Police, Ambulance and/or Fire Brigade.
1.11 “Event” means an action that triggers a Detector or Detection Device that results in the transmission of an Activation.
1.12 “Fees” means the fees as set out in section D of the Contract.
1.13 “Charges” means any fees for alarm activity reports, patrol service, alarm response/s, security officer/s, alarm system installation, servicing of your system.
1.14 “Incident” means a situation that requires escalation/intervention due to an unlawful entry or attempt to enter.
1.15 “JD Security” means John Derek Security Pty Ltd ABN 81 002 715 648, its successor and assigns.
1.16 “Monitored Premises” means the customer’s building where a System has been installed, being the premises set out in Section 1 of the Commissioning Form.
1.17 “Monitoring Centre” means JD Security’s Monitoring Centre.
1.18 “Notification or Notified” means a message delivered to a customer or customers authorised contact or contacts as listed in the Commissioning Form by phone, email, voice mail, push notification, answering service or SMS of an Activation or System Fault requiring authorisation from the Customer to vary, delete or add services delivered or provided to the Customer.
1.19 “Response” means the dispatch by the Monitoring Centre of the responding Response Provider or Emergency Service to the Monitored Premises or such other action in accordance with the Response Plan as the result of an Activation or System Fault.
1.20 “Response Provider” means personnel who have been specifically designated to respond and attend to the Monitored Premises as a result of an Activation.
1.21 “Storage Period” means a period of one (1) month from the time the Data is received by JD Security. Should the Customer require more than one (1) months storage a quote can be provided for more than one (1) months storage but not more than six (6) months storage.
1.22 “System” means a means a system consisting of but not limited to camera equipment and/or other image capture devices, alarm system, detector(s) and/or other detection devices, software (i.e. video management software on a server or embedded software on an NVR or DVR or video analytics software) and IT hardware including but not limited to a DVR, NVR, server, router, modem, switch or device for video transmission and control purposes.
1.23 “System Fault” means an Activation caused by a malfunction of the Alarm System or Ancillary Equipment including but not limited to loss of AC power and/or low battery, loss of communications, loss of video etc.
1.24 “System Testing” means the activities performed to check that the functionality of the System’s components meet the requirements of the installation specification, including but not limited to: the receipt of images at the monitoring centre using the transmission path, cameras being checked for correct focus at night and during the day, camera presets matching defined views, detectors triggering associated cameras, positive illumination, removal of the mains supply and operation of the system on backup battery.
1.25 “Term” means the term referred to in section D of the Contract.
1.24 “Waiting Time” means the chargeable period between the arrival of the Response Provider at the Monitored Premises and their departure.
1.26 “Illumination” means light that is visible to the camera either naturally or through artificial means.
1.27 “Video Services” refers to the following services available under this agreement which includes but is not limited to Video Monitoring and/or Video Verification.
1.28 “Video Monitoring” means the review of an Activation by JD Security and determination as to whether or not a Response is required in accordance with the customer’s Response Plan.
1.29 “Video Verification” has the same meaning as given to it in Video Monitoring.
1.30 “Cloud Storage Provider” is a provider of remote servers accessible from the internet for the purpose of storing data in place of or in addition to the storage of data on internally hosted servers.
1.31 “PTZ Camera” meaning pan-tilt-zoom is a camera with either mechanical or digital functionality to be remotely directed, tilt or have its angle of view varied using the zoom function. JD Security will only use the pre-set view for actioning and no other camera view will be used.
1.32 “Zoom” is a pre-set in a PTZ camera that adjusts the focus of the lens. The Customer acknowledges that were a camera has zoom functionality that the zoom setting that is current at the time of Activation will be the only view presented for actioning. JD Security will only use the pre-set view and no dynamic adjustment of zoom function will take place.
2. Video Services
2.1 JD Security will provide the Video Services for the Term and any renewal thereof.
2.2 JD Security will action an Activation or System Fault received from the Monitored Premises in accordance with the Customer’s Response Plan.
2.3 JD Security, if instructed to do so, will use its best endeavours to dispatch a Response to investigate any Event(s) but makes no guarantee that a Response will be available at any time.
2.4 JD Security will not be liable for any loss or damage the Customer may suffer or incur in connection with a Response or absence of such a Response.
2.5 The Customer covenants that JD Security will be the sole Response Provider, excluding Emergency Services, for the Term and any renewal thereof.
2.6 The Customer waives the right to nominate a third-party Response Provider.
2.7 JD Security, at its absolute discretion may accept the nomination by the Customer of a third-party Response Provider however such acceptance is conditional upon the Customer signing and returning to JD Security a liability waiver. A copy of the third-party liability waiver is available upon request.
2.8 The Customer agrees that it is liable to pay JD Security at JD Security’s rate of charge once the Response Provider or Emergency Service has been requested to attend the Monitored Premises regardless of whether or not the responding Response Provider or representative of the Emergency Service has arrived at the Monitored Premises or discovers a breach of the Monitored Premises.
2.9 In the event that the Monitored Premises are found to have been maliciously damaged and the Customer’s Contact/s are unable to be contacted, unless otherwise indicated in the Response Plan, the Customer authorises JD Security, at its sole discretion, to mount a static guard or guards, as an agent of necessity, until the next regular working day or until the Customer’s Contact/s can be notified and JD Security receives further instructions from the Customer.
2.10 The Customer agrees that in the event that JD Security is required to take action in accordance with clause 2.9 hereof the Customer will pay for the additional work at JD Security’s rate of charge.
2.11 The Customer agrees that JD Security may, in addition to its own storage facilities, use the services of a Cloud Storage Provider (CSP) listed on the Certified Cloud Services List (CCSL) approved by the Australian Signals Directorate (ASD) to store Data.
2.12 The Video Monitoring service is intended for the confirmation of an incident. JD Security will not advise the Customer of an Activation or series of Activations once they have been verified as Alerts and not Incidents.
2.13 JD Security, upon confirmation of an Activation as an Alert, reserves the right to notify or not to notify the Customer of the possible cause of the Alert (including but not limited to animals, rubbish etc) at its own discretion.
2.14 JD Security after receiving an Activation, will attempt to verify the Activation in accordance with the Customer’s Response Plan.
2.15 The customer acknowledges that where a PTZ camera is used that the pre-set that is current at the time of Activation will be the only view presented for actioning.
2.16 The customer acknowledges that were a camera has zoom functionality that the zoom setting that is current at the time of Activation will be the only view presented for actioning.
2.17 The customer agrees that the video services are not a substitute for the recording and storage of data by the customer on their own servers, DVR, NVR or any other storage appliance.
2.18 The customer acknowledges that weather conditions including but not limited to rain or mist may obscure a cameras view.
3. Intentionally Left Blank
4. Warranty by JD Security
4.1 JD Security warrants that it will use its reasonable best efforts in providing the Video Monitoring Services.
4.2 JD Security does not warrant that:
4.2.1 the Monitoring Service will render the Monitored Premises or any occupant therein secure;
4.2.2 the Monitoring Service will detect or prevent damage to property or injury to person whether by fire, smoke, flood or any other event;
4.2.3 an Emergency Service will respond to an Activation or System Fault in time to prevent injury, damage or any loses.
4.4 The Customer agrees that JD Security, at its absolute discretion may cease to action or amend the Customer’s Response Plan if the Customer fails to pay any Fees in accordance with clause 2.8, 2.10 and clause 12.
4.5 The Customer agrees that all inbound and outbound telephone conversations to and from the Monitoring Centre may be recorded in accordance with Australian Standard 2201.2.
4.6 The Customer agrees that JD Security will store any Data received from the Monitored Premises at JD Security’s Monitoring Centre for the Storage Period and may also use the services of a Cloud Storage Provider (CSP) to store such Data. At the expiration of the Storage Period JD Security may at any time in its discretion delete the data.
5. The Customer’s Duties and Warranties
5.1 The Customer will give JD Security the Customers Response Plan prior to the commencement of the Video Service.
5.2 The Customer agrees that any variation of the Response Plan will be proposed in writing, by email or post and has been agreed to by JD Security in writing.
5.3 The Customer will use its best endeavours to ensure that any Contact/s who have been nominated in the Response Plan are contactable at all times.
5.4 The Customer agrees that any proposed variation of the Response Plan, referred to in clause 5.2 hereof, will not be effective until JD Security has communicated to the Customer its acceptance of the variation in writing delivered by email or post.
5.5 The Customer will comply with all operating and maintenance instructions in relation to the System as per the manufacturer’s recommendations.
5.6 The Customer will fix any defects without delay and do all things necessary to maintain the System in good working condition including but not limited to recharging or replacing batteries on a timely basis.
5.7 The Customer will notify JD Security of any material changes to the Monitored Premises that may interfere or otherwise compromise the operation of the System.
5.8 The Customer agrees that JD Security may view the Monitored Premises for the purposes of System Testing at any time without notice to the Customer.
5.9 The Customer acknowledges that, unless they have a back-up communication option for redundancy purposes, that the System uses a single primary communication path to the Monitoring Centre.
5.10 The Customer acknowledges that should the primary communication path referred to in clause 5.9 hereof fail, for whatever reason, JD Security will not be aware of the fault condition or deliberate attempt to interrupt the primary communication path until such time as it becomes apparent through system testing that the Alarm System is not communicating with the Monitoring Centre.
5.11 The Customer agrees not to remove any SIM card or cards that have been supplied to provide a 4G service from the Monitored Premises to JD Security’s Monitoring Centre.
5.12 The Customer agrees not to disclose, provide or divulge any information to any person or persons directly or indirectly that may affect the correct operation of the System as a result of unauthorised arming, disarming or tampering thereof.
5.13 The Customer agrees that JD Security may provide some or all of the services supplied under this Contract by the use of independent contractors. Any independent contractors, howsoever used, are the agents of JD Security for the purposes of this Contract.
6. Consumer guarantees
6.1 If the Customer is a consumer within the meaning of the Australian Consumer Law, the Services are provided with consumer guarantees that cannot be excluded under the Australian Consumer Law.
7. Waiver and Release
7.1 The Customer acknowledges and agrees that prior to entering into this contract the Customer was made aware of and agrees that the following are true and correct:
7.1.1 the fees are based solely on the cost and value of supplying the services provided and are unrelated to the value of the Customer’s property or the property of others located in the Monitored Building;
7.1.2 JD Security has recommended that the Customer take out appropriate insurances to cover the risk of loss or damage to property and injury and death to persons;
7.1.3 The Customer will not require JD Security to supply performance records, history, or other reports to anyone who is not a party to this Contract;
7. 1.4 the Data will be stored at the Customer’s risk;
7.1.5 JD Security’s performance of the Services are subject to receiving the Customer’s clear instructions through the Customer’s Response Plan and Activation instructions;
7.1.6 performance of the Services are subject to third party conduct, and systems;
7.1.7 performance of the Services are subject to and conditional upon the Customer’s payment of all past, present and future tax invoices and fees;
7.1.8 the System installed in the Monitored Premises may not prevent unlawful entry occurring, loss or damage to property, or death or injury to persons even though JD Security’s obligations to the Customer under this Contract have been satisfied;
7.1.9 the Customer is liable (to the exclusion of JD Security) for the failure, neglect, or refusal of any contact or Emergency Service notified by JD Security to respond to an Incident or emergency response condition, and for mistakes or errors made by the Customer in providing the names or telephone numbers designated as contacts to be notified by JD Security;
7.1.10 JD Security is not liable under any circumstance or event which occurs during any period when this contract is suspended pursuant to clause 12.3;
7.1.11 the Customer bears the risk of any injury, death, loss or damage to the Customer, persons, property or belongings caused by or contributed to through events including but not limited to mechanical breakdown, storm, earthquake, strikes, lockouts, labour disputes, of whatever type, Act of God, war (whether declared or not), acts of terrorism, act (administrative or legislation) of any Government, riot or civil commotion, fire, explosion or any act or omission by the Customer, its servants, agents or invitees;
7.1.12 the Customer is liable for any delays by the Customer which cause automatic suspension of JD Security’s obligations under the Contract.
7.2 Where an Act of Parliament implies any term in this Agreement, and that Act of Parliament voids or prohibits provisions under a contract which exclude or modify the operation of such term, the term is deemed to be included in this agreement.
7.3 With the exception of the Consumer Guarantee regime, you undertake not to make any claim whatsoever against us, our suppliers, employees, contractors or assignees for loss (including but not limited to economic and consequential loss), damage or expense relating to or arising from this Contract or the provision of the Services in contract, tort (including negligence) or otherwise.
8. Limitation of Liability with respect to consumer guarantees
8.1 To the extent permitted by law, the liability of JD Security in respect of any breach of or failure to comply with any Consumer Guarantee described in clause 6 is limited to JD Security’s choice of one of the following:
8.1.1 resupply of the Services or
8.1.2 reimbursement for the resupply of the Service by someone else.
9. Limitation of Liability
9.1 With the exception of liability in connection with a failure to comply with the Consumer Guarantees described in clause 6 and subject to clause 8, JD Security’s total liability shall not exceed the amount paid for services or support by the Customer to JD Security for the three (3) months immediately preceding the occurrence giving rise to any claim by the Customer.
9.2 With the exception of the Consumer Guarantees described in clause 6, JD Security excludes (i) any term, condition or warranty that may otherwise be implied into this Contract; and (ii) any liability for loss or damage incurred as a result or in connection with the negligence of JD Security, its agents, subcontractors and employees.
9.3 To the extent permitted by law and subject to clause 6, in no event shall JD Security have any liability to the Customer for any indirect, special, punitive, incidental or consequential damages arising out of any warranty or covenant contained herein or otherwise, including without limitation, damages for loss of use of facilities or equipment, loss of profits or revenue, loss of data, cost of capital, loss of opportunity, loss of goodwill, loss of revenue, loss of actual or anticipated profits or claims of customer or of customer’s employees or agents.
10.1 The Customer hereby indemnifies JD Security with respect to any loss, damage, costs or expenses suffered by JD Security directly or indirectly in connection with or arising out of the performance by JD Security of its obligations under this Contract due to the fault of the Customer including, without limitation, any claims by any client of the Customer.
10.1.1 The Customer hereby indemnifies and will keep indemnified JD Security against all losses, costs, expenses that JD Security may suffer and all demands, actions, suits, causes of action that may be made against JD Security directly or indirectly arising out of the failure of the System, control unit, communication device, or the telephone network connection to operate or perform properly.
10.2 Clauses 7, 8, 9, 10 and 11 survive termination of this contract.
11. Proportionate Liability
Subject to clauses 6, 8 and 9 the Customer shall be proportionately liable to the extent that the Customer caused or contributed to such loss, claim, demand, proceeding, cost, expense, loss, liability or damage under this Contract.
12. Fees and Charges
12.1 The Customer agrees to pay the Fees as and when they fall due. Standard payment terms are Net end-of-month.
12.2 The Customer agrees that if the direct and/or indirect cost of JD Security providing the services (or any other work under this Contract) increases at any time after the Date of this Contract for any reason, including but not limited to any change to any applicable award or telecommunication charges, then JD Security may on the anniversary of the Contract increase its fees after duly notifying the Customer in writing thirty (30) days prior to the Contract anniversary.
12.3 If the Customer fails to pay any fees by the due date stated on the Contract, JD Security may, at its option:
12.3.1 charge interest at the rate of 10% per annum calculated daily from the due date of payment until payment is received; or
12.3.2 suspend the performance of its obligations under this Contract until such times as all due payments have been made; or
12.3.3 cancel this Contract forthwith by notice in writing to the Customer; or
12.3.4 hand the debt over to a commercial recovery agent for the recovery of which such recovery shall also include the recovery agents fees;
12.4 The Customer, in the event that JD Security suspends performance of its obligations under the Contract, releases JD Security from all liability for injury, damage or loss that may occur arising out of its non-action.
12.5 The Customer is liable for any fees or expense charged by any Emergency Service or public authority and agrees to promptly pay all moneys payable to Emergency Services or other public authority in relation to any attendance at the Monitored Premises and agrees to reimburse such amounts to JD Security if JD Security has paid for such service.
12.6 This clause is an essential term of this Contract.
13.1 The Customer will not assign its rights or transfer its obligations contained herein without first obtaining the prior written consent of JD Security. Such consent shall not be unreasonably withheld.
13.2 JD Security may transfer or assign any or all of its rights or obligations without the Customer’s consent.
14.1 No waiver of any or all of these conditions at any time or indulgence granted to the Customer shall prejudice any rights which JD Security has, or may have had, nor the subsequent exercise of any rights by JD Security.
15. Term and Termination
15.1 This Contract will remain in force for the Initial Term shown in section D of the Contract, and if the automatic renewal option is selected, this contract will be automatically renewed after the Initial Term for a similar Term until terminated by either party by written notice of at least three (3) months.
15.2 Occasionally we may make changes to the terms and conditions because we have added new functions or features to the video services or made improvements to the functions and features of the video services. Sometimes we may make changes to the terms and conditions due to advancements in technology, i.e. the introduction of 5G, or because certain technologies are end-of-life, end-of-support or unsupported, or because of technological changes to key infrastructure that changes the way that we can deliver a service, i.e. the removal of Telstra copper wire and its replacement with NBN. When we make these improvements, add services or are forced to change a part of the video services platform due to technological change, the changes to the terms and conditions will be limited to the new functionality, or improvements that we’re adding. To take advantage of such features we require your acceptance of the revised terms and conditions that accompany the additions or improvements. If you do not agree you do not have to accept the revised new terms and conditions nor use the added or improved video services. Under these circumstances the additions and improvements will not be added to your account. When we make these changes, we will update the terms and conditions on our website at https://www.jdsecurity.com.au/legal/video-services-terms-conditions/. You can accept the revised terms and conditions by writing to us via email or post by (a) informing us that you opt into the new features and functions or (b) informing us that you accept the changes to the terms and conditions. In cases where we have informed you that the revised terms and conditions must be applied across the board without the ability to opt in and opt out, you may accept the changes in the same manner as above or you may accept the changes by continuing to use the Video Services after the notified date of change. In these cases, if you do not accept the changes to the terms and conditions, you may terminate your agreement by notifying us in writing.
15.3 JD Security may terminate this Contract immediately if the Customer is in breach of any of these conditions or if the Customer commits an act of bankruptcy, makes any arrangement or composition with its creditors, has a receiver or manager appointed over any part of its undertaking or assets, has any petition presented for its winding up or goes into liquidation on a voluntary or compulsory basis or has an administrator appointed or fails to pay any outstanding charges.
15.4 If this contract is terminated during the Initial Term for any reason, the Customer is liable to pay to JD Security, on demand, a sum equal to the fees which would be payable pursuant to this Contract (calculated by the number of months remaining in the Initial Term at the current fee) plus the balance of any monies outstanding within fourteen (14) days of demand.
15.5 The Customer will give JD Security notice of cancellation in writing, by email or post. Please allow up to 14 days for processing against your account.
15.5 The Customer upon termination of this contract for any reason acknowledges that no pro-rata credit will be issued for any used portion of the service.
15.6 If the Customer does not pay the amount referred to in clause 12.3 within the prescribed fourteen (14) days of demand, Customer will pay to JD Security all expenses reasonably and properly incurred by reason of JD Security taking legal action to recover the money and will indemnify JD Security against any other costs (including legal costs), expenses, claims or damages whatsoever arising out of or incidental to the breach.
15.7 The Customer’s right to receive the Video Services & access their Data shall cease upon the termination of this Contract.
16. Applicable Law
16.1 This Contract shall be construed and take effect in all respects in accordance with the laws for the time being in force in the State of New South Wales and the parties hereto shall submit to the jurisdiction of the Courts of that State or Territory in respect of any matter or thing arising out of this Contract or pursuant thereto.
17.1 Any notices to be given herein may be served on either party by registered post or by delivering the notice to the address of the party. Where service is made by post service shall be deemed to have occurred two working days after the notice was first posted.
17.2 Service may also be delivered by email being deemed to be affected when the sending party’s email server produces a read receipt indicating that the email has been delivered to the customers email server.
18.1 In this Contract GST has the same meaning as given to it in GST Law and GST Law has the same meaning given to it in A New Tax System (Goods and Services Tax) Act 1999 as amended from time to time.
18.2 The fees and charges shown in this contract do not include GST.
18.3 The Customer will, if JD Security is or becomes liable to pay GST in respect of any supply made under or in connection with this Contract, pay to JD Security an amount equal to ten percent (10%) of the fees and charges payable under this Contract.
18.4 The GST amount will be notified by JD Security to the Customer and must be paid by the Customer to JD Security in the same manner and at the same time as the rest of the fees and charges.
18.5 This clause is an essential term of this contract.
19. Privacy Act 1988
19.1 JD Security may give information about the Customer to a credit reporting agency in accordance with the provisions of the Privacy Act 1988. This information may include the Customers name, sex, date of birth, current known address and previous two known addresses, current or last known employer and drivers licence number. In addition, we may also include the fact that you have made an application for credit with JD Security including the amount applied for. We may also notify a credit reporting agency if the Customer: has any payments that have been overdue for at least 60 days that we have taken steps to recover; has settled the amount and it is no longer due; has made a payment by cheque that has been dishonoured more than once; has committed a serious credit infringement or has discharged the amount of credit owing to JD Security.
20. Application for Credit
20.1 In accordance with Section 18E (8) (c) of the Privacy Act 1988 (Cth) the Customer acknowledges that JD Security has informed the Customer that it may give certain confidential information about the Customer to a Credit Reporting Agency.
20.2 In accordance with Section 18N (1) (b) of the Privacy Act 1988 (Cth) the Customer agrees that JD Security may exchange certain confidential information with any other credit provider listed by the Customer or any other credit provider named in a credit report issued by a credit reporting agency for the following purposes: to assess the Customers creditworthiness; to assess an application by the Customer for credit; to notify a credit default by the Customer. The Customer understands that the information may include facts about the Customers creditworthiness, credit standing, credit history and credit capacity that credit providers are authorised to give or exchange according to the Privacy Act 1988 (Cth).
20.3 In accordance with Section 18L (4) of the Privacy Act 1988 (Cth) the Customer consents to JD Security obtaining information about the Customers commercial activities or commercial creditworthiness from a business which provides information about the commercial creditworthiness of companies.
20.4 In accordance with Section 18K (1)(b) of the Privacy Act 1988 (Cth) the Customer acknowledges and consents to JD Security requesting information about the Customer from a credit reporting agency for the purposes of assessing an application for credit.
21. Privacy General
21.1 Subject to clauses 16 and 17 JD Security will ensure the Customers information is kept secure and confidential and provide the Customer with access to any confidential information that must be disclosed to the Customer in accordance with the Privacy Act 1988.
22. Events Beyond JD Security’s Control
22.1 Should rendering Video Services become impossible or impracticable due to strike, riots, flood, fires, vandalism, terrorism, acts of nature, acts of God, or any other cause beyond the control of JD Security, JD Security’s obligations hereunder shall be suspended, or, at JD Security’s option, this Agreement may be rescinded. JD Security agrees to the extent possible, by reasonable means, to immediately give notice to Customer of any such suspension of JD Security’s services or rescission of this Agreement.
22.2 Customer further agrees that JD Security shall not be required or obligated to provide Video Service during any period in which the System located at Customer’s premises is disabled, damaged, in a state of disrepair, or when a Customer has repeatedly failed to use such System properly or follow the manufacturer’s guidelines.
23. Communication Networks
23.1 Customer acknowledges that any signals which are transmitted by radio, micro-wave relay, cellular, internet, or over telephone lines are wholly beyond the control of JD Security and that such transmission networks are maintained and serviced by a utility company or by another entity wholly beyond JD Security‘s control. JD Security shall not be liable or responsible for telephone line, radio, micro-wave, cellular, internet or any other communication device ‘s transmission failure which prevents transmitted signals from reaching JD Security, prevents the transmission of signals from reaching JD Security’s Monitoring Centre, or for the failure of any person or entity whom JD Security notifies or attempts to notify of an alarm or other monitoring condition to respond to JD Security’s communication or attempted communication.
24. Third Party Failure to Respond
24.1 It is agreed that JD Security shall have no responsibility in any way for the failure, neglect, or refusal of any person or authority notified by JD Security to respond to an alarm or emergency response condition, nor for any mistakes or errors made by the Customer in providing the names or telephone numbers designated as Contacts to be notified by JD Security.
25.1 The Customer acknowledges that good illumination of the camera’s field of view is an essential part of this contract and that the Customer is responsible for maintaining the illumination at Customer’s premises. Where natural illumination is inadequate for images to be used the customer must provide artificial illumination.
25.2 The illumination required for clear video images should be maintained in accordance with the manufacturer’s instructions.
25.3 The Customer will not direct any artificial illumination devices so that they shine directly into a camera’s field of view.
25.4 The illumination’s lamps/light bulbs should be replaced regularly as needed to maintain maximum efficacy and prevent failures.
25.5 Customer should make weekly checks on the operation and effectiveness of the illumination.
25.6 JD Security reserves the right to suspend monitoring of any “dark camera” until such time as the Customer advises JD Security in writing that the illumination has been restored.
25.7 The Customer will ensure that any clock which is used to control artificial illumination is adjusted in accordance with daylight saving time, if applicable.
26. Ecare Uptime Monitoring – Hardware Failure Monitoring
26.1 If the Customer has selected Ecare Uptime Monitoring as an optional service the JD Security Video Monitoring server will send a reverse heartbeat to the Customer’s device using TCP on the port that the Customer specifies in the device setup ‘Port’ field on the Video Services paperwork.
27. Reasonable Usage
27.1 JD Security reserves the right to communicate with you regarding additional recommendations, operations, procedures, data storage requirements and management of Data where we determine it is appropriate. For example, where more than a reasonable number of Activations occur.