General terms and conditions for technical monitoring services with LivEye products, as of 21 December 2020 (Translation of the German GTCs)

a) Provision of monitoring equipment

1. LIVEYE provides the customer with the monitoring equipment described in the respective order confirmation, usually consisting of a mobile video monitoring system (cameras) connected to a hardware and transmission unit (internet-enabled router), for a fee for the contractual period owed.
2. The contract begins at the time of transfer for use, unless the parties have agreed otherwise in the respective offer.
3. The customer is obliged to accept the monitoring equipment at the agreed time. If the customer does not accept the monitoring equipment at the agreed time, LIVEYE is entitled to withdraw from the contract in accordance with the statutory provisions and/or to terminate it and rent the monitoring equipment to someone else.
4. The right of use ends with the expiry of the agreed contract period.
5. In case of premature termination due to construction progress, the fee for the remaining period is calculated as the number of days remaining until the end of the contract period plus 14 days.
6. When renting several LivEye devices and terminating the rental of individual devices, higher pick-up costs may apply. These are based on the price table ‘Logistics costs’.
7. If the customer continues to use the monitoring equipment after the end of the contract period or if the customer
8. LIVEYE does not pick up the monitoring equipment in due time, the contractual relationship between the parties is not extended. Nevertheless, in this case the customer is obliged to pay a proportional usage fee for each additional day of use.
9. LIVEYE provides the monitoring equipment to the customer in a technically flawless condition. The customer shall check the monitoring equipment for operability and defects at the time of delivery and shall notify LIVEYE of any defects without delay. If the monitoring equipment is to be used in public places, the customer is obliged to obtain any necessary permits from authorities and third parties, such as property owners, to comply with the necessary legal requirements, such as data protection regulations, and to check whether documents are to be kept available. The customer assumes any traffic safety obligations in public streets.
10. If contractually agreed, LIVEYE will set up the monitoring equipment at the location to be monitored according to the customer’s needs. This includes, in particular, the alignment of the cameras, if necessary the connection of the monitoring equipment to the power supply, and a test of the data connection.
11. LIVEYE provides its monitoring services in particular by forwarding image and sound signals to external monitoring systems with an availability of 98.0%. The availability is calculated on the basis of the time during the contract period that falls on the respective calendar month, minus the maintenance times. LIVEYE is entitled to carry out maintenance work of up to 4 hours per month after prior consultation with the customer. During the maintenance work, the aforementioned services are not available.
12. LIVEYE expressly draws the customer’s attention to any existing obligations under the General Data Protection Regulation (GDPR).
13. LIVEYE is entitled to place advertising on the monitoring system, vehicles, and/or construction fences, in particular in the form of advertising banners/construction fence banners, provided that the contractual use of the monitoring system is not impaired. Likewise, LIVEYE is entitled to use the specific order and also images of the implementation (images from the monitoring system) in its own advertising material for advertising purposes, unless the customer has expressly objected to this.

b) The customer’s duty to co-operate

1. The customer shall provide all necessary cooperation for the permanent installation of the monitoring equipment. The respective obligations to cooperate and system requirements are described in detail in the respective offer. This may include, in particular, the provision of suitable supply lines, in particular electricity and other infrastructure, and unhindered access to the area to be monitored.
2. If LIVEYE transports the monitoring technology and material to and from the site, the customer shall ensure that LIVEYE can unload and provide the monitoring equipment without hindrance. If necessary, the customer shall provide an appropriate unloading aid such as a forklift or crane.
3. The customer is obliged to comply with the respective regulations of occupational safety as well as other legal regulations such as data protection and to set up signs for this purpose. If LivEye provides the customer with signage and installs it, the customer is henceforth responsible for checking the signage and, if necessary, for independently installing new signage.
4. The customer ensures that the configuration of the monitoring equipment after installation by LIVEYE is maintained.
5. Transferring the monitoring equipment to third parties as well as moving the monitoring equipment to a different location is not permitted without the prior written consent of LIVEYE. If the customer changes the position of the device without consultation, then LivEye is released from the obligation to perform. This also applies to a change in the mast height.
6. The customer warrants that LIVEYE can provide the agreed monitoring service both technically and legally. This includes, in particular, applying for any necessary official permits and approvals for the purpose of transporting and commissioning the system.
7. The customer shall bear all fees, charges, fines, penalties, and other costs arising from the violation of public law (e.g., the German Road Traffic Regulations) for which the customer is responsible and which arise from the use of the monitoring system and for which LIVEYE B. is held liable as a disturber of the peace, and shall indemnify LIVEYE upon first request against any claims by third parties, including reasonable costs of legal defence. Likewise, the customer shall hold LIVEYE harmless from any further claims by third parties for damages or other costs, including costs of legal defence, arising from the operation or use of the monitoring system – in particular due to injury to life and limb or property – upon first request, provided that the customer is responsible for the damages.
8. The customer is obliged to maintain appropriate liability insurance in connection with the monitoring activities of LIVEYE. LIVEYE is to be notified immediately of any damage, theft, or loss of the monitoring equipment. If a third party enforces a lien on the monitoring equipment on the customer’s premises, LIVEYE is to be notified immediately.
9. After termination of the usage contract, the customer is obliged to store the monitoring equipment securely, in particular to protect it from damage, theft, and other harmful effects.

c) Transport of monitoring equipment & installation

1. The handover of the monitoring equipment from LIVEYE to the customer takes place at the registered office of LIVEYE. Deviating from this, the parties may agree on a different handover location.
2. The transport of the monitoring equipment is the responsibility of the customer. On the basis of a separate agreement and at the expense of the customer, LIVEYE or a third party contracted by LIVEYE will transport the monitoring equipment to the customer at the customer’s risk.
3. The customer may transport the monitoring equipment only with the prior written consent of LIVEYE.
4. The customer is liable for any damage caused during loading and transport.

d) Reporting to surveillance centre

The services of LIVEYE in the context of monitoring via the monitoring centre exclusively cover alarm messages that concern the suspicion of criminal acts (in particular theft and/or property damage) to the detriment of the objects/areas monitored by the surveillance systems. In case of suspicion, LIVEYE will initiate the intervention steps defined in an action plan. If LIVEYE notifies the contact person specified by the customer, LIVEYE is released from its obligation if the third attempt to establish contact should fail. Furthermore, LIVEYE does not owe any monitoring services or intervention, unless otherwise agreed.

e) remuneration

1. The remuneration for the services provided by LIVEYE is based on the price list valid at the time of the conclusion of the contract, unless it is already apparent from an offer/cost estimate.
2. LIVEYE is entitled to charge separately for the costs of transport, assembly, installation of the monitoring equipment, operating materials, cleaning and insurance according to the respective price list, unless otherwise agreed in the offer.