Response rules

EUROCASH1, UAB General Rules for the Provision of Monitoring and Response Service (“General Rules”)

1. Terms

1.1 The Security Monitoring and Response Service shall be provided in response to the following alarm system signals (messages) (hereinafter referred to as “Alarm System Signals”):

1.1.1. Alarm signal – a signal generated and sent by the alarm system informing about the triggering of an alarm system sensor in the monitored object;

1. 1. 2. Alarm – A signal generated and transmitted by the alarm system to inform about the activation of an alarm button. The sending of this signal shall be programmed in the alarm system only if it is technically feasible to install an alarm button in the monitored object and if the Parties have additionally agreed in writing on the procedure and conditions for the installation of this signal and payment for its installation;

1.1.3. Fault signal and/or lost connection to the GPRS network – a signal generated and sent by the alarm system informing about the failure of the alarm system due to malfunctioning of the equipment or external influence (sabotage) on the alarm system;

1.1.4. Power failure signal means a signal generated and transmitted by the alarm system to inform that the alarm system is not receiving the electrical power necessary for its proper functioning;

1.1.5. Alarm system backup power supply signal means a signal generated and transmitted by the alarm system to inform of a failure or insufficiency of the supply of the necessary electrical energy from the supplementary backup power supply;

1.1.6. Test signal – A signal generated and sent by the alarm system periodically once a day to indicate that the alarm system is functioning properly;

1.1.7. Beam override signal means a signal generated and transmitted by the alarm system to indicate that individual beams of the alarm system have been disconnected, i.e., that individual sensors have been disconnected from the overall alarm system;

1.1.8. Forced deactivation alarm means a signal generated and transmitted by the alarm system to inform of the forced deactivation of the alarm.

1.1.9. Fire alarm trigger means a signal generated and transmitted by the alarm system to inform of the triggering of a fire detector.

1.1.10. Tamper alarm is a signal generated and transmitted by the alarm system to inform of tampering with the alarm system circuit.

1.1.11. False alarm – an alarm signal caused by a change in the environment misinterpreted by the sensors of the alarm system when the object was not in danger, as well as signals caused by the use of the alarm system in a manner other than that specified in the instructions.

1.1.12. Other alarms mean alarm system activation/deactivation signals.

1.2 Other terms used in the General Regulations shall have the meanings given below in these Regulations or the General Part.

2. General security duties

2.1 The Security shall monitor the signals of the Facility’s Alarm System at the Security’s Central Surveillance Panel (hereinafter referred to as the “CSP”) and shall respond to Alarm System trigger signals received from the Facility under the conditions set out in these General Rules.

2.2 Before accepting the Object for monitoring, the Security Service shall check the condition of the Object’s alarm system in the Client’s presence. During the inspection, an Annex to the General Rules – “Act of Inspection of the Object” shall be drawn up, which, from the moment of signing, shall be considered as an integral part of the Agreement. The Site Inspection Report shall contain recommendations for improvement of the security condition of the Site and/or deficiencies that the Client must remedy and/or mandatory conditions that the Client must fulfill (if any). Prior to handing over the Facility to Security for monitoring, the Parties shall also sign the “List of Responsible Persons,” an annex to the General Terms and Conditions, which shall contain the details of the Responsible Persons provided by the Client

2.3. The Security Guard undertakes to provide, upon the Client’s request, for an additional fee as specified in this Special Part, a summary of the Facility’s Alarm System Alarms for the previous period not exceeding 3 (three) months.

2.4. The Guard undertakes, subject to technical feasibility and at the Client’s request, to carry out, for an additional fee, one-off upgrades and routine repairs of the alarm system installed by the Guard or other persons at the Premises, including, but not limited to, troubleshooting, programming or replacement of the system’s devices, appliances and/or units. In this case, the Parties shall execute a separate written Alarm System Maintenance Deed setting out the upgrading and routine repair work to be carried out at the Facility and the procedure and terms of payment for such work, which shall become an integral part of the Contract. The Guard shall have the right to refuse to carry out modernization or routine repair works of the alarm system installed at the Client’s Facility if the Client refuses to agree and sign the Alarm System Maintenance Act or does not create conditions for normal and safe work of the Guard’s employees.

2.5. The Security Company undertakes to install the equipment necessary for the performance of this Agreement at the monitored Site, subject to the Parties entering into a separate Agreement for the installation of alarm system equipment. The terms, conditions, and price for the equipment installation, handover, and use shall be set out in the Alarm System Equipment Installation Agreement.

2.6. For the provision of the Services, the Guard shall have the right to engage the assistance of third parties (subcontractors) if this is necessary for the performance of the contractual obligations undertaken. In this case, the Protection shall bear the risk for the actions of third parties.

3. General responsibilities of the customer

3.1 The Client undertakes:

3.1.1.1. to provide, at the request of the Security Guard, true and correct information about the Facility necessary for the proper provision of the Services, including a copy of the Facility Plan;

3.1.2. at the request of the Protection, provide for inspection a document confirming the ownership or other right of possession of the Facility;

3.1.3. in the Appendix “List of Responsible Persons of the Facility” specify the details (name, surname, telephone number, position, home address) of the Responsible Persons (hereinafter referred to as “Responsible Persons”) (who, without a separate authorization from the Client, shall have the right to enter the Facility at any time, to activate and deactivate the Facility’s alarm system, to deal promptly with any other matters that may arise in the performance of the obligations of the Protection under the Contract, and who, if summoned by the Protection, may enter the Facility). The Client must ensure that at least one of the specified Responsible Persons can be contacted by telephone by the Guard 24 hours a day. In the event of a change in the Responsible Persons or their details as set out in the “List of Responsible Persons at the Facility,” the Client undertakes to immediately inform the Security Service of the change in the Responsible Persons or their details at one of the specified telephone numbers (8-5) 2.744.611, (8-5) 2.333.805, (8-5) 2.333.805, (8-5) 8.659.70.975 or (8-5) 8.659.70.975, or (8-5) 8.620.11.112 and to give written notice of the same within a period of not later than three (3) working days. If the Client fails to notify the Security Service in writing of a change in the Responsible Persons or their data within the time period specified in this clause, after the expiration of the specified three-day period, the Responsible Persons shall be deemed to be the Persons specified in the “List of the Responsible Persons”, and the Security Service shall use the data of the Responsible Persons specified in the “List of the Responsible Persons”;

3.1.4 Ensure that the alarm system is functioning properly at all times, and take immediate steps to repair any faults in the alarm system. To ensure that the alarm system at the Facility is operated only by persons properly trained, to refrain from any action that could damage the alarm system, and to ensure that the alarm system cannot be damaged by other persons dependent on the Customer;

3.1.5. in the event of a failure of the Alarm System, if the Customer does not have a company servicing the Alarm System, the Customer shall have the right to call the Security Technical Service and to pay for each such call the price previously agreed by the Parties;

3.1.6. to provide an orderly telephone line to connect the alarm system of the monitored Object to the Security CSP and to pay the costs of using this line. The Customer may connect any other means of communication to this line only after a prior written agreement with the Security Guard. If telephone lines are not available or if the Customer does not wish the Alarm System to be connected via telephone lines, the Customer shall purchase other means of communication agreed with the Security Guard to ensure the transmission of the signals of the Facility’s Alarm System to the Security Guard’s CSP. Any equipment, including, but not limited to, the telephone line, the Alarm System, and the individual components of its electronic data transmission may be used by the Customer solely for the purposes of the Contract. The Client undertakes to indemnify the Security Guard or third parties against any losses resulting from the misuse of such equipment, as well as from its use for purposes other than those set out in the Contract;

3.1.7. Before activating the alarm system, make sure that the Facility is unoccupied, that all internal doors and windows of the Facility are closed, that vents are closed, that external doors are locked, and that, if present, barred doors, and windows and other bars are locked, all security blinds are lowered, motion detectors are not covered, there are no unnecessary electrical, gas or other appliances left switched on, and any other causes which may cause a threat to the security of the Facility and/or false alarms have been removed. A false alarm shall be deemed to have occurred in all cases where the CSP has received an alarm signal to which the Security has responded in accordance with the procedure set out in Clause 4.3 of the General Rules, but no signs of a breach of the Facility or other unlawful interference with the Facility have been detected (hereinafter referred to as a “False Alarm”).

3.1.8. to immediately inform the Security Service of any alarm system failures, or malfunctions, as well as to immediately notify the Security Service of any damage to the Facility, including, but not limited to, signs of theft, burglary, and other signs of theft, by calling one of the indicated telephone numbers +370 620 11 112, (8-5) 2 744 611, (8-5) 2 333 805, 8 659 70975 and later in writing;

3.1.9. inform the Security Service in writing at least 5 (five) calendar days in advance of any planned reconstruction or repair works at the Facility, which may result in changes in the operation of the alarm system and/or may affect the performance of the Security Service’s obligations under the Agreement,

3.1.10. to store objects in the Facility in such a way that they do not damage the alarm system devices and do not interfere with their normal functioning. Money, and valuables, including but not limited to precious stones, precious metals, articles thereof, or scrap thereof, shall be stored in a safe, which is essentially a lockable metal box that has a sophisticated locking mechanism or a coded lock, is resistant to mechanical and fire attack, is secured to the floor or a masonry wall, the door of which does not release when the latch is removed and which is substantially in accordance with the standards of a safe for the protection of such property;

3.1.11. Upon receipt of a notification from the Security Guard that the alarm system has been triggered, ensure that at least one of the Responsible Persons arrives at the Premises immediately, but not later than within 30 minutes (thirty minutes). The Responsible Person shall produce an identity document at the request of the Security Personnel. If the Responsible Person fails to arrive at the Facility within the time specified in this clause, refuses to arrive, or fails to call any of the Responsible Persons, the Security shall terminate the physical security of the Facility and withdraw the Response Team. In such event, the Client shall assume all risk and liability for any loss that may result from the interruption of the physical security of the Facility and the cancellation of the response team;

3.1.12. If the Client establishes the fact of theft (damage, destruction) of material valuables at the monitored Facility, the Client undertakes not to carry out any activity at the site of the incident until the arrival of the Security and police representatives and the execution of a free-form act of theft (damage, destruction) of material valuables, signed by the Responsible Person, if present, and the Security officer of the response team. The place of occurrence at the Facility shall be deemed to be the building, room, area, or part thereof from which the theft (damage, destruction) of material valuables has been directly committed or where the protected property has been otherwise damaged, or where traces of a crime or offense may be left behind. This obligation shall in no event relieve the Client of the obligation to take all reasonable steps to mitigate the damage caused by the incident.

3.1.13. In the event of theft at the Facility and/or damage to material valuables at the Facility and/or any other event that may cause material damage to the Client, the Client undertakes to organize a procedure for determining the amount of damage to the Facility or material valuables therein and to inform the Guard of the same. If the Client fails to organize a procedure for determining the amount of damage to the Facility or to the material valuables therein or fails to notify the Security of the procedure to be organized, the Client shall not be entitled to make any claim against the Security for the damage suffered, nor shall the Client be entitled to claim any indemnity for the damage suffered from the Security, even if the damage was caused by the fault of the Security.

3.1.14. Upon execution of the handover-acceptance deed, provide the Security Guard with 2 (two) sets of keys, number combinations for unlocking electronic (other) locks, if access to the monitored Object is restricted by gates, locked staircase doorways, etc., and, as far as possible, ensure that there are no other physical obstacles that, in response to the Security Guard’s response to the alarm system activation, would hinder the Security Guard’s personnel’s access to the monitored Object as well as the access to the common use premises and territories adjoining the Object. The Client acknowledges that he/she understands that the Security Guards will be able and obliged to inspect the Facility only from locations where the Security Guards’ access will not be restricted. The Client assumes all risk and liability for any loss that may result from the inability of the Security Guard to access and inspect the Facility for the reasons set out in this clause.

3.1.15. Ensure that unmonitored objects (rooms, individual room perimeters, radii) are not connected to the existing alarm system control panel connected to the CSP. Such additional objects (rooms, perimeters, beams) may only be connected to an already monitored Object panel (control panel) with the prior written agreement of the Security Guard;

3.1.16. Timely and properly comply with the written instructions given by the Security Guard regarding the correction of security deficiencies in the Facility;

3.1.17. Ensure that the Facility’s password does not become known to any third party other than the Responsible Persons.

4. Facility monitoring and response conditions

4.1 The signals of the alarm system installed at the Facility shall be monitored when the alarm system is activated in the Security CSP (the Facility has been handed over to monitoring). The Guard does not control the timing of the activation and deactivation of the alarm system at the Facility, but such service may be provided by a separate agreement between the Parties.

4.2 The alarm system connected to the Security CSP shall not protect telephone lines. In the event of damage to a telephone line, the alarm system shall operate in local mode unless radio or other communication with the Protection CSP is established.

4.3 Upon receipt of Alarm, Sabotage, Fire, Forced Disarm, and Alarm signals from the premises to the Security CSP, the Security CSP shall dispatch security personnel to the premises and take other actions:

4.3.1. to arrive at the Facility immediately – not later than within the time period agreed by the Parties as provided for in this Special Part from the moment of receipt of the signal by the Security CSP. Upon arrival at the Facility, the Security Personnel shall, to the extent possible, inspect the perimeter of the Facility from the outside and take measures permitted by law to ensure the protection of the Facility and the persons and property therein in the event of clear signs of intrusion into the Facility. If necessary, the Security Guards shall call the relevant specialized service (ambulance, fire brigade, etc.) to the Facility and shall inform the police if they notice any signs of a violation of the law. Security personnel shall not be required to perform the functions assigned to specialised services, including but not limited to ambulance, and fire protection, at the Facility;

4.3.2. take measures to apprehend persons found in or near the Facility who are suspected of committing an offence, and, if apprehended, to hand them over to the appropriate services;

4.3.3. if it is established that a person suspected of having committed an offense is related to the Client by blood, employment, or other relations, such person may not be handed over to the relevant services at the request of the Client or his Responsible Person, expressed verbally, by phoning the General Rules;

4.4. above and the Facility password;

4.3.4. upon arrival and inspection of the Facility, the Security Personnel shall inform the Client or the Client’s Responsible Person of the activation of the alarm system and of any damage to the Facility or signs of intrusion into the Facility, including, but not limited to, broken windows, broken doors, unlocked doors;

4.3.5. if no signs of damage or intrusion of the Facility are detected, the Security Personnel shall physically secure the Facility and shall await the arrival of the Responsible Person for a period of time as set out in Clause 3.1.11 of the General Rules in order to open the Facility and allow the Security Personnel to determine the cause of the alarm system activation. If, after no obvious signs of intrusion have been detected at the monitored Facility, the Client or his Responsible Persons could not be contacted by the telephone numbers indicated or refused to enter the Facility, the Security Personnel shall leave the Facility and shall not assume any liability for any loss or damage to the Facility or the property therein in connection therewith;

4.3.6. upon detection of obvious damage to the Facility or signs of intrusion, the Security staff shall provide physical security of the Facility until the arrival of the Responsible Person. In this case, the Security Guard undertakes to make every effort to contact the Client as soon as possible;

4.3.7. at the Client’s request, carry out physical protection of the Facility if the Responsible Persons are not able to arrive at the Facility within the scheduled time, but contact the Security Guard with a verbal request to protect the Facility for an agreed period of time at the price specified in the Contract;

4.3.8. if a single alarm signal is received, the Facility will be deemed not to be in danger. In this case, the Client will be informed by telephone of the alarm activation, in the event that none of the Responsible Persons can be reached, an SMS message will be sent to the Responsible Person according to the list, and no Security Guard will be left on duty at the Facility;

4.3.9. if an alarm signal is received and a disarm signal is received within one minute of the alarm signal, it shall be presumed that the Customer’s Responsible Person with knowledge of the security system code is at the Site. In such cases, the Guard shall have the right to cancel the Emergency Response Team by informing the Customer’s Responsible Person by sending an SMS message to the Responsible Person(s) indicated by the Customer;

4.3.10. In the event of an alarm signal from the facility to the CSP within one minute of the alarm signal, the Rapid Response Team can be canceled via the mobile application or by clicking on the link in the received SMS message and entering the facility password;

4.4.The Customer shall immediately notify the Security Service of false alarms by one of the following telephone numbers: +370 620 11 112, (8-5) 2 744 611, (8-5) 2 333 805 or 8 659 70975, indicating the Facility number, password, the name of the Facility, the exact address, the name, surname and work, home or mobile phone number of the person calling. If a False Alarm is reported to Security within one (1) minute, the Security Response Group shall be canceled, and such False Alarm shall not be counted towards the number of False Alarms per month as provided for in this clause. In the event that a Security Response Team arrives at the Premises as a result of a False Alarm, the Customer shall pay the fee set out in the Special Section for each arrival of the Security Response Team.

4.5 Upon receipt of a Fault Signal, while the alarm system of the Facility is connected to the CSP of the Security Guard, the Security Guard shall immediately inform the Customer by telephone (if the Customer is unable to reach the alarm system by SMS) and, if the Customer wishes, act as provided for in Clause 4.3 of this Agreement. In this case, the time within which the Security Personnel must arrive at the Premises shall be calculated from the moment when the Customer has expressed the aforementioned request. If the Client declares that he/she does not wish the Security Guards to proceed to the monitored Object, the Security Guards shall not be liable for any theft of material valuables, destruction or damage to property, or other damage caused by, including, but not limited to, theft of material valuables, or destruction or damage to property or other damage caused by the receipt of a Fault signal at the time of the monitoring of the Object.

4.6 Upon receiving a Sabotage Signal when the Facility’s alarm system is not connected to the Facility’s CSP, the Security Guard shall inform the Customer by telephone and/or SMS message. If the Security Guard receives a Fault Signal, a Backup Alarm System Power Signal, and/or no Test Signal between 7 a.m. and 10 p.m., it must notify the Customer by telephone. At other times, the Customer shall be informed by SMS.

4.7 If the Security Guard receives a Power Outage or Ray Ignore signal when the Facility’s alarm system is not connected to the Security Guard’s CSP, the Security Guard shall inform the Customer by sending an SMS message.

4.8.All other alarm system activation/deactivation signals received by the Security CSP shall be considered informative and archived.

4.9.The Security Response Team, upon arrival at the Object, in the presence of the Client’s Responsible Person at the Object, shall draw up a report of the inspection of the Object under observation in case of an alarm system activation, which shall include the name of the Object, its address, the time of receipt of the alarm system signal for response, the cause of the alarm system activation, and the time of the Object’s (if it has been protected by physical security) protection. This Act shall be signed by the Responsible Person, if present, and the Response Team Security Officer.

4.10. In order to protect the interests of the Parties to the Contract and to collect evidence that could be used in the course of the settlement of a dispute between the Parties, the Guard shall have the right to record telephone and other conversations between the Guard and the Client (his/her representatives) or/and between the Guard and third parties, which are related to the performance of the Contract. By signing the Contract, the Client confirms that he/she agrees to this clause. By signing the Agreement, the Client also confirms that he/she consents to the processing by the Security Guard of the personal data of the Client and the Responsible Persons referred to in this Agreement for the purposes of the performance of this Agreement.

4.11. When providing or receiving information from the Customer and/or Responsible Persons by telephone, the Security Guard shall verify the identity of the person speaking by asking for the password assigned to each Object. A person who correctly states his/her name and the Object password in the list of Responsible Persons provided by the Client shall be deemed to be a Responsible Person. The Security shall not be obliged to take any additional measures to identify such a person.

5. Payment procedure according to the Agreement

5.1 Each month, the Security Provider shall submit a VAT invoice to the Client for payment, which the Client shall pay by the last day of the current month.

5.2 If the Client has specified an email address for receiving VAT invoices in the Special Section, VAT invoices shall be sent (submitted) to the Client only by post to the email address specified in the Special Section. If the Customer has not provided an e-mail address for the receipt of VAT invoices, or if the e-mail addresses provided by the Customer are invalid, or if the Customer has expressly stated his/her wish to receive VAT invoices in paper form, VAT invoices shall be sent/delivered to the Customer by post to the address set out in the Special Part or to any other address provided by the Customer, subject to the charge specified in the Special Part.

5.3 Failure to receive a VAT invoice shall not relieve the Client of the obligation to pay for the services rendered and shall not, under any circumstances, exclude the Client’s liability for the non-performance of such obligations. In the event of non-receipt of a VAT invoice for the current billing period, 3 (three) days prior to the due date, the Client shall be obliged to pay in accordance with the information received by the Security Guard on telephone number (8 5) 2 744 693. If the Client does not receive a VAT invoice for the current billing period, the Client must request that the Security Guard provide the Client with a copy of the VAT invoice.

5.4 If the Client does not receive a VAT invoice from the Security Guard by the 15th day of the current month in respect of the services rendered in the current month, the Client must pay the amount stated in the last VAT invoice received and notify the Security Guard, including in writing, of the non-receipt of the VAT invoice by no later than the 30th day of the current month. If the Client receives a VAT invoice from the Security for the services provided, the Client undertakes to pay the Security the difference between the fees paid and the fees due for the services provided within 5 working days of receipt of such VAT invoice. If the Client has paid a higher amount for services rendered in accordance with the procedure set out in this clause, such payments will be credited against the payments due for the following month.