Terms and Conditions of the G4S Smart Surveillance for Small Businesses Security Guarantee

Valid from 1 November 2017

1. Security Guarantee

1.1 The Service Provider shall ensure that the Secured Site is covered by the Security Guarantee pursuant to these Terms and Conditions of the Security Guarantee.

1.2 The Security Guarantee shall be valid only for customers of the Smart Surveillance for Small Businesses service provided by the Service Provider, where the electronic security system installed and activated at the Secured Site transmits an alarm signal to the Service Provider’s Alarm Response Centre in the event of an intrusion, and where the customer’s Security Agreement includes the response of a Service Provider patrol team to alarms received from the Secured Site.

1.3 The Security Guarantee shall be valid only with regard to thefts occurring during the Term of Validity of the Security Agreement and shall apply only when the Security Guarantee is in effect.

2. Definitions

2.1 Service Provider is AS G4S Eesti.

2.2 Customer is an AS G4S Eesti surveillance service customer who meets the Terms and Conditions of the G4S Smart Surveillance for Small Businesses Security Guarantee.

2.3 Security Guarantee is the compensation of losses to the Customer pursuant to the Terms and Conditions in the event of a burglary incident at the Secured Site.

2.4 Secured Site is the building or physical share of a building listed as the Secured Site in the respective Security Agreement. Building is a legal structure with an exterior enclosure, permanently connected to the land. Physical Share of a Building is space within a building which is structurally delimited in real terms by construction, along with the structures, utility systems and interior decoration enclosed by the bearing walls and ceilings of the building which only the occupant of the space depends on.

2.5 Security Agreement is an agreement between the Customer and Service Provider for the surveillance and protection of movable or immovable property on the Secured Site. The agreement shall include a response by the Service Provider’s patrol team to alarms emanating from the Secured Site.

2.6 Movable Property is property located on the Secured Site. This includes office equipment, furniture, assets of low unit value, devices, goods, for example. The Security Guarantee does not apply to property located outside the Secured Site.

2.7 Protected Property is the Building or Physical Share of a Building which constitutes the Secured Site and the Movable Property within it.

2.8 Theft Incident is theft of parts of the Secured Site or of Movable Property located therein, and damage incurred to the Protected Property in the course of the theft. Theft shall be considered the expropriation of an object by a third party for the purpose of illegal acquisition thereof. Any costs of repairing Protected Property which has been damaged during a theft attempt will be reimbursed. A theft attempt stands for unsuccessful theft, which results in nothing being taken. Damage to glass shall not be subject to indemnification if only the surface of the glass sustained damage and nothing was stolen from the Secured Site.

2.9 Response by a Service Provider Patrol Team is the dispatch by the Service Provider of a patrol team to the Secured Site in order to determine the cause of an alarm, with the purpose of conducting an external inspection of essential parts of the Secured Site (doors, windows, etc. which are visible and accessible to the patrol team).

2.10 Terms and Conditions are these Terms and Conditions of the G4S Smart Surveillance for Small Businesses Security Guarantee, which are part of the Security Agreement. In the case of discrepancies between these Terms and Conditions and the Security Agreement, the provisions of the Terms and Conditions shall apply to the Security Guarantee. The provisions of the Security Agreement shall apply in other cases not included in the Terms and Conditions. The Terms and Conditions are available on the website of AS G4S Estonia at www.g4s.ee. The Service Provider reserves the right to amend the Terms and Conditions unilaterally by giving 1 (one) month of advance notice, provided that the amendments are necessary for the protection of the interests of the Customer or for the protection of the interests of the Service Provider, and provided that these amendments do not significantly influence the interests of the Customer, or if the implementation of the Security Guarantee results in more expenses to the Service Provider than heretofore. Notifications regarding any amendments to these Terms and Conditions shall be published on the web page www.g4s.ee and in the self-service of G4S, and shall also be forwarded to the Customer by e-mail or by post if the Customer has no e-mail address. In the event that the Customer disagrees with particular amendments, the Customer reserves the right to cancel the Security Agreement as of the date when the amendments become valid by informing G4S of this in advance.

2.11 Term of Validity of the Security Guarantee is the interval of time during which the Service Provider shall ensure the performance of its obligations stemming from the Terms and Conditions. The Service Provider shall notify the Customer of the entry into force and expiry of the Security Guarantee via the AS G4S Eesti website at www.g4s.ee and via the G4S e-service environment. The Service Provider shall notify the Customer of the expiry of the Security Guarantee at least 1 (one) year in advance. The Security Guarantee will not entail any additional payments or monetary expenses for the Customer compared to the Security Agreement.
 

3. Terms and conditions of the validity of the Security Guarantee

The Security Guarantee is effective when the following conditions have been complied with:

3.1 The Service Provider’s Alarm Response Centre has received an alarm signal (‘alarm’) transmitted from the activated Service Provider electronic security system on the Secured Site, to which a Service Provider patrol team has responded, or the Customer (or a contact person specified in the Security Agreement) has themselves inspected the Secured Site within 1 (one) hour of receiving the alarm, and the patrol team or Customer (or contact person) has determined that a break-in or theft has occurred and losses have been sustained.

3.2 Upon entry into the Secured Site following the alarm, a burglary of the Secured Site, a Theft Incident concerning the Secured Site, parts of it, or Movable Property has been determined and documented (e.g. a list has been drawn up, photos of any traces of the break-in or theft have been taken), and the Service Provider has been notified promptly by e-mail at turvagarantii@ee.g4s.com, or by phone at 651 1911 or 1911.

3.3 The Customer has immediately notified the police of the theft, abided by the legislation and police instructions; the police has launched proceedings. Before the police arrive, the site may be entered only to prevent the risk of further damage.

3.4 If another party is obliged to compensate for damage to the Secured Site under an agreement, the legal principle of solidary liability shall be applied to the Service Provider and the respective party.

4. Limit of indemnity under the Security Guarantee

4.1 The maximum compensation under the Security Guarantee is up to 5,000 (five thousand) euros. The entirety of the damage and expenses caused in one Theft Incident shall be compensated for up to the maximum limit.

4.2 With regard to the following items of Movable Property, the limit is up to 300 (three hundred) euros each: money, securities, cheques, gift vouchers, models, forms, drawings, projects, data collections, bonds and documentation, data stored in electronic form, gold, jewels, collections, jewellery, articles of value.


5. Customer’s obligations:

5.1 To conduct an inspection of the Secured Site within at most 1 (one) hour of receiving an alarm notification from the Service Provider and, in determining that a break-in or Theft Incident has occurred, to notify the Service Provider immediately if the Customer does not wish that a Service Provider patrol team be dispatched immediately.

5.2 Upon learning of a theft, to notify the police thereof pursuant to clause 3.3 of the Terms and Conditions, and to submit an application for launching misdemeanour or criminal proceedings.

5.3 To submit to the Service Provider, within 3 (three) months, and pursuant to the instructions posted on the website www.g4s.ee, a written application for compensation for damage; to substantiate the occurrence of a theft and the extent of the damage; to comply with any instructions from the Service Provider and/or the person authorised by the Service Provider for ascertaining the compensation obligation; to file with the police an affidavit and data regarding the facts of the Theft Incident and stolen items (a list, documents, photos). To submit to the Service Provider or person authorised by the Service Provider all other requested data, documents, and explanations.

5.4 If the Customer has a valid insurance policy covering the Secured Site, to notify the insurance company promptly regarding the theft, and to submit to the insurer all of the required documents and data for claim handling. The Customer must notify the Service Provider immediately if the insurer has compensated for the losses from the theft.

5.5 The Customer may not increase the risk related to the Secured Site in a manner that may increase the risk of theft.

5.6 With regard to the performance of the Customer’s obligations, the Customer’s tenants, contact persons specified in the Security Agreement, and other users of the Secured Site shall be considered equivalent to the Customer. In the Customer’s absence, the Customer is obliged to guarantee that the obligations specified in the Terms and Conditions are performed by said persons.

6. Indemnity

6.1 Particular losses shall be compensated for if the Security Guarantee was in force, if the losses were incurred as a consequence of a Theft Incident, the Customer and the Service Provider have performed all obligations set forth in the Terms and Conditions, and the losses have not been indemnified for by the Customer’s insurer. Only direct property damage shall be compensated for.

6.2 Any expenses incurred in relation to repairing damage to a Building or Physical Share of a Building shall be reimbursed in the amount of their recovery value. Recovery value is the cost of restoring a Building or Physical Share of a Building to the condition it was in prior to the Theft Incident pursuant to the construction standards in force at the time of the restoration. Reasonable expenses required to restore the respective Building or a Physical Share of the Building shall be reimbursed on the basis of calculations approved by the Service Provider or person authorised by the Service Provider. Parts of the restoration cost of a Building or Physical Share of a Building that increased due to circumstances arising from the Customer or persons deemed equivalent to the Customer shall not be reimbursed (e.g. factors related to the Customer’s choices, behaviour).

6.3 Damage to Movable Property shall be compensated for at the respective reacquisition cost – i.e. the price of replacing the used objects in the same condition and level of wear shall be reimbursed. If such items are not available, the price of functionally similar items shall be reimbursed. In the case of theft of new items (such as goods), the reacquisition cost of similar new Movable Property shall be reimbursed.

In the case of destruction or theft of art, collections, precious items, the actual value prior to the Theft Incident shall be reimbursed, i.e. the local average sales price before the Theft Incident.

6.4 Impairment of value and the sentimental value of objects shall not be subject to indemnification. Damage caused or increased due to the Customer's actions or inaction shall not be compensated for. Neither shall components of damage which could not be determined be compensated for. Damage shall not be compensated for if the Customer failed to perform the obligations set forth in the Terms and Conditions. Lost profits, personal injury, non-patrimonial damage, purely economic damage, contractual penalties, and late interest shall not be compensated for. The share of value added tax to be refunded to a company under the Value-Added Tax Act is not subject to indemnification.

6.5 The Service Provider or a person authorised by the Service Provider shall provide compensation for losses. The recipient of the compensation shall be the owner or legal possessor of the Secured Site. The indemnity shall be monetary. The damage will be compensated for within 1 (one) month of receiving all data pertaining to the facts of the theft and losses.

6.6 After the respective damage is compensated for, the Customer’s claim against the person who caused the damage shall be transferred to the Service Provider. If the recipient of the compensation recovers a compensated item after the compensation is paid, the recipient shall be obliged to cede the item to the Service Provider, or to reimburse the value thereof.

6.7 If losses are not compensated for in the case of a Theft Incident, the Service Provider shall notify the Customer of the reasons in writing.

6.8 If the Customer is not satisfied with the respective compensation or refusal to compensate for particular damage, the Customer has the right to file a written challenge to the Service Provider.