About this Agreement, our Products and Services and your rights
GoKonnect is a trading name of GoSecure Ltd.
GoKonnect (“we”, “us”, “our”, “GoKonnect”). will provide to you ( “Customer”) on the terms and conditions set forth in this Agreement (the “Agreement”) for Home Security, Connected Home products as agreed in the System Design Proposal (‘Product’) and Installation Maintenance and Monitoring (‘Services’) (each a “Product” or a “Service” and collectively the “Products and Services”).
The terms and conditions in the “General Terms & Conditions” section below are applicable to all Products and Services unless otherwise indicated and additional terms and conditions specifically related to monitoring services are attached on Schedule 1 of this agreement.
We may change our prices, fees, the Products and Services and/or the terms and conditions of this Agreement in the future. Unless this Agreement or applicable law specifies otherwise, we will give you thirty (30) days prior notice of any change to this Agreement. If you find the change unacceptable, you have the right to cancel your Service(s). However, if you continue to receive Service(s) after the end of the notice period (the “Effective Date”) of the change, we will consider that you have accepted the changes. You may not modify this Agreement for any purpose.
General Terms and Conditions
1. Acceptance of this Agreement
You Agreement with us is as set out on the System Design Proposal. Please ensure that you check that the details on the System Design Proposal and in the Terms are complete and accurate before you sign and submit the System Design Proposal. If you think that there is an error or changes are required please contact us to discuss and agree. When you sign and submit the System Design Proposal to us, this does not mean we have accepted Your Order. If we are unable to provide you with the System and/or the Service, We will inform you of this, and we will not confirm acceptance of Your Order. These Terms will become binding on you and us when we install the System and/or provide the Service to You. If any of these Terms conflict with any term of the System Design Proposal, the System Design Proposal will take priority.
You will have accepted this Agreement and be bound by its terms if you use the Products and Services or otherwise indicate your affirmative acceptance of this Agreement.
2. Charges and Billings
You agree to pay all charges associated with the Products and Services including, but not limited to, Product purchase charges, installation charges, monthly service charges, service call charges and all local taxes.. We will provide you with notice and an effective date of any change in our prices or fees, unless the change in price is related to a change in government taxes, fees or assessments, in which case we may elect not to provide notice except where required by law. Not all fees apply to all Products and Services.
Unless otherwise specified by GoKonnect, you must pay on or before the day we install the products for all of the product and installation costs. However, we do not waive our rights to collect the full balance owed to us by accepting partial payment. Software application and monitoring services where applicable are provided to you on an annual basis. Unless you opt to pay for these services in advance you will pay on a monthly basis through Direct Debit.
c. Payment by Credit Card or Cheque.
If you use a credit card to pay for the Products and Services, its use is governed by the card issuer agreement for that card, and you must refer to that agreement for your rights and liabilities as a cardholder. If GoKonnect does not receive payment from your credit card issuer or its agents, you agree to pay all amounts due upon demand. If you make payment by cheque, you authorise GoKonnect to collect your cheque electronically. You agree that you may not amend or modify this Agreement with any restrictive endorsements (such as “paid in full”), releases, or other statements on or accompanying cheques or other payments accepted by GoKonnect and that any such notations shall have no legal effect.
d. Late or Non-Payments:
You may be billed fees, charges and assessments related to late payments or non-payments if for any reason GoKonnect does not receive from you any required payment for the Products and Services by the payment due date or you pay less than the full amount due for the Products and Services.
If you fail to pay the full amount due for any or all of the Services then GoKonnect, at its sole discretion in accordance with applicable law, may suspend or disconnect any or all the Services you receive.
f. Reconnection Fees and Related Charges:
Should you wish to resume a Service after any suspension, we may require you to pay a reconnection fee. Should you wish to reinstate any or all Services after disconnection, we may require you to pay an installation fee and/or service activation fee. These fees are in addition to all past due charges and other fees. Reconnection of the Services is subject to our credit policies, this Agreement and applicable law.
g. Your Responsibilities Concerning Billing Questions.
Subject to applicable law, if you intend to dispute a charge or request a billing credit, you must contact GoKonnect within forty five (45) days of the date on the bill. You waive any disputes or credits that you do not report within forty five (45) days.
We require you to pay in advance when you order the Products and Services.
By law, customers in the European Union have the right to withdraw from the purchase of an item within seven working days of the day after the date the item is delivered. Where you’re withdrawing from your purchase within the seven working day cooling-off period, and there’s been no error on our part, we will refund the cost of the Product and all applicable pre-paid Service charges, provided the Product has not been installed.
We regret that we cannot accept cancellations once the Product has been installed and we will charge for installation and all other services provided to you in connection with your purchase unless there has been an error on our part, or the Product is defective.
We shall return your refund subject to these conditions within forty-five (45) days or as otherwise specified by applicable law minus any amounts due on your account (including without limitation, any amounts owed for Services or for any Product that is damaged, altered, or not returned).
We may also require you to pay a refundable deposit after activation of the Service(s) if you fail to pay any amounts when they are due hereunder. If we disconnect your Service(s) or are otherwise required under applicable law to refund the deposit, we shall within forty-five (45) days or as otherwise specified by applicable law return a sum equal to the deposit(s) you paid (without interest unless otherwise required by law) minus any amounts due on your account (including without limitation, any amounts owed for Services or for any Product that is damaged, altered, or not returned).
4. Changes to Services
Subject to applicable law, we have the right to change our Products, Services, rates or charges, at any time with or without notice. However in the event that we change product or service charges we undertake to give you 30 days advance notice of these changes. If you find a change in the Service(s) unacceptable, you have the right to cancel your Service(s). However, if you continue to receive Service(s) after the change, this will constitute your acceptance of the change. Please take the time to read any notices of changes to the Service(s).
5. Access to your Premises
You agree to allow us ,our agents and contractors the right, to enter at reasonable times, and on reasonable notice, your property upon which the Products and/or Services will be provided (the “Premises”), for purposes of installing, configuring, maintaining, inspecting, upgrading, replacing and removing the Products and/or Services. You warrant that you are either the owner of the Premises or that you have the authority to give us access to the Premises. If you are not the owner of the Premises, you are responsible for obtaining any necessary approval from the owner to allow us and our agents into the Premises to perform the activities specified above. In addition, you agree to supply us or our agent, if we ask, the owner’s name, address and phone number and/or evidence that the owner has authorised you to grant access to us and our agents to the Premises.
6. Products and Software
a. Products and Software.
Title to Products purchased by you from GoKonnect will pass to you on payment of the Product purchase fee. You are also granted a revocable licence to use the Software provided by GoKonnect in connection with the Products provided you agree to pay the app fee. You agree to use Products and Software only for the Services pursuant to this Agreement. We may change the GoKonnect or any third party Software at our discretion at any time the Services are active or following the termination of your Service(s).
b. Installation and Maintenance.
The Products will be installed in the Customers Premises. You agree to allow us access to the Premises for the purpose of installing and/or maintaining the Products. At your request, we may relocate the Products in the Premises or to another premises for an additional charge, at a time agreeable to you and to us. You understand and acknowledge that if you attempt to install or use the products at a location other than that where originally installed the product and or service may fail to function or function improperly. You agree that you will not allow anyone other than GoKonnect employees or agents to service the Products. Gokonnect Accept no responsibility for product performance issues directly resulting from the self-installation by the Customer. We will charge you Time travel and material costs for any rectification required as a result of any customer self-install related problems Customer training provided to self-install customers will be charged as per our pricing schedule.
c. Customer Equipment.
GoKonnect has no responsibility for the operation or support, maintenance or repair of any equipment, software or services that you elect to use in connection with the Products and/or Services (the “Customer Equipment”.) You can find GoKonnect’s current minimum technical and other requirements for hardware required to use the Services at our website. These requirements may be located at an alternative site if we so notify you. To use the Services, you will need one or more of a PC, Smartphone or Mobile Phone and Broadband service and Router that meets our specifications. Whether a device is owned by you or us, we have the unrestricted right, but not the obligation, to upgrade or change the firmware in these devices remotely or on the Premises at any time that we determine it necessary or desirable in order to provide Services to you in accordance with our specifications and requirements.
2. Recommended Product Installation and Configurations:
Neither Gokonnect nor any of its affiliates, agents or suppliers accept responsibility for a non-recommended product, installation or configuration. You acknowledge that any such product installation or configuration may cause customer equipment to fail or to operate, sub optimally and could cause damage to customer equipment and or premises. Neither GoKonnect nor any of its affiliates agents or suppliers shall have any liability for such failure or damage. GoKonnect reserves the right to deny you customer support for the Services and/or terminate Service(s) if you use a Non-Recommended Product, Installation or Configuration.
3. No Unauthorised Devices or Tampering:
You agree not to attach any unauthorised device to the Products and/or Services. If you make any unauthorised connection or modification to the Products and/or Services, we may terminate your Service and recover such damages as may result from your actions. Unless expressly authorised by us, you agree not to install anything to intercept or receive any of the Services offered to you or to assist any person in intercepting or receiving any of the Services offered to you. You also agree that you will not attach anything to the Products, whether installed by you or us, which singly or together impairs the integrity of our Services.
7. Use of Services
You agree that the Products and/or Services will be used only for personal, residential, non-commercial purposes, unless otherwise specifically authorised by us in writing. You will not use or permit another to use the Products and/or Services, directly or indirectly, for any unlawful purpose, including, but not limited to, in violation of any posted GoKonnect policy applicable to the Services.
You also agree that GoKonnect may impose reasonable rules and regulations regarding the use of its Services. By using the Services and thereby accepting the terms and conditions, you agree to abide by these rules and regulations and as modified from time to time. Any violation of these rules and regulations may result in the suspension or termination of your account or such other action as GoKonnect deems appropriate.
Use of the Products and/or Services for transmission, communications or storage of any information, data or material in violation of any European or Irish regulation or law is prohibited.
You acknowledge that you are accepting this Agreement on behalf of all persons who use the Products and/or Services and that you shall have sole responsibility for ensuring that all other users understand and comply with the terms and conditions of this Agreement and any applicable GoKonnect policies including, but not limited to, acceptable use and privacy policies. You further acknowledge and agree that you shall be solely responsible for any transactions, including, without limitation, purchases made through or in connection with the Services. You agree to indemnify, defend and hold harmless GoKonnect and its affiliates, suppliers, and agents against all claims and expenses (including reasonable legal fees) arising out of the use of the Products and/or Services and/or the Customer Equipment or the breach of this Agreement or any of the applicable GoKonnect policies by you or any other user.
This Agreement and the Services furnished hereunder may not be assigned by you. We may freely assign our rights and obligations under this Agreement with or without notice to you.
9. Termination of This Agreement
This Agreement will be in effect from the time that charges commence until (A) it is terminated as provided for by this Agreement or by any addendum to this Agreement or (B) it is replaced by a revised Agreement. Unless otherwise specified by GoKonnect, Service charges begin the day you activate the Service.
b. Termination by You.
Unless you have signed a minimum term addendum, you may terminate this Agreement for any reason at any time by notifying GoKonnect in one of three ways: send a written notice to the postal address of GoKonnect; send an electronic notice to the e-mail address specified on www.GoKonnect.ieor call our customer service line during normal business hours. Subject to applicable law or the terms of any agreements with governmental authorities, all applicable fees and charges will accrue until this Agreement has terminated and the Services have been disconnected. We will refund any outstanding prepaid service fees charged for Services after the date of termination (less any outstanding amounts due GoKonnect for the Services, affiliate services, or other applicable fees and charges).
c. Suspension and Termination by GoKonnect.
Under the conditions listed below, GoKonnect reserves the right, subject to applicable law, to act immediately and without notice to terminate or suspend the Services and/or to remove from the Services any information transmitted by or to any authorised users . GoKonnect may take these actions if it determines that such use or information does not conform with the requirements set forth in this Agreement, ) determines that such use or information interferes with GoKonnect ability to provide the Services to you or others, reasonably believes that such use or information may violate any laws, regulations, or written and electronic instructions for use, or reasonably believes that such use or information interferes with or endangers the health and/or safety of our personnel or third parties. GoKonnect’s action or inaction under this Section shall not constitute review or approval of your or any other users’ use of the Services or information transmitted by or to you or users.
d. Your Obligations upon Termination.
You agree that upon termination of this Agreement you will do the following:
a. You will immediately cease all use of the Services;
b. You will pay in full for your use of the Services up to the date that this Agreement has been terminated and the Services are disconnected; and
GoKonnect guarantees the hardware installed by GoKonnect its employee’s affiliates or agents for a period of 12 months from date of purchase. We will replace the faulty parts and ensure the system is operational. In the case of self-install we provide the same warranty except where the failure is a result of incorrect installation.
11. Limitation Of GoKonnect’s Liability
The limitations of liability set forth in this Section 11 apply to any acts, omissions, and negligence of GoKonnect and its underlying third-party service providers, agents and suppliers (and their respective officers, employees, agents, contractors or representatives) which, but for that provision, would give rise to a cause of action in contract, tort or under any other legal doctrine.
b. Customer Equipment.
Customer equipment may be damaged or suffer service interruption as a result of Installation of GoKonnect equipment by GoKonnect representative or through self-install, Repair, Maintenance or removal. Except in the case of gross negligence neither GoKonnect its agent’s employee’s contractors nor affiliates will have any liability for any damage to the customer’s equipment.
c. Other Services or Equipment.
By accepting this agreement you waive all claims against GoKonnect for interference, disruption, or incompatibility between the products or the services and any other service, system or products. In the event of such disruption, incompatibility or interference your sole remedy shall be to terminate the service
d. In addition
As part of the installation process for the software and other components of the Service, system files on your Customer Equipment may be modified. GoKonnect does not represent, warrant or covenant that these modifications will not disrupt the normal operations of any Customer Equipment including without limitation your computer(s), or cause the loss of files. GoKonnect does not represent, warrant, or covenant that the installation of the special software or applications or access to our Web portal(s) will not cause the loss of files or disrupt the normal operations of any Customer Equipment, including but not limited to your computer(s). F
e. Third Parties.
Notwithstanding anything to the contrary in this Agreement, you acknowledge and understand that we may use third parties to provide components of the Services, including without limitation their services, equipment, infrastructure or content. GoKonnect is not responsible for the performance (or non-performance) of third-party services, equipment, infrastructure or content, whether or not they constitute components of the Services. GoKonnect shall not be bound by any undertaking, representation or warranty made by an agent or employee of GoKonnect or of our underlying third-party providers and suppliers in connection with the installation, maintenance or provision of the Services, if that undertaking, representation or warranty is inconsistent with the terms of this Agreement. In addition, you understand that you will have access to the services and content of third parties through the Service(s), including without limitation that of content providers (whether or not accessible directly from the Service). GoKonnect is not responsible for any services, equipment, infrastructure and content that are not provided by us (even if they are components of the Service), and we shall have no liability with respect to such services, equipment, infrastructure and content.
f. Customer’s Sole Remedies.
Your sole and exclusive remedies under this Agreement are as expressly set forth in this Agreement. The liability of GoKonnect and its employee, affiliates, suppliers, agents and contractors is limited to the maximum extent permitted by law.
g. Survival of Limitations.
All representations, warranties, indemnifications, and limitations of liability contained in this Agreement shall survive the termination of this Agreement; any other obligations of the parties hereunder shall also survive, if they relate to the period before termination or if, by their terms, they would be expected to survive such termination.
12. Indemnification and Liability of Customer
You agree that you shall be responsible for and shall defend, indemnify, and hold harmless GoKonnect and its employees, affiliates, suppliers, agents and contractors and shall reimburse us for any damages, losses or expenses (including without limitation, reasonable solicitor’s fees and costs) incurred by us in connection with any claims, suits, judgments and causes of action arising out of (a) your use of the products or services; (b) violation or infringement of contractual rights, privacy, confidentiality, copyright, patent, trademark, trade secret, or other intellectual property and proprietary rights arising from your use of the service or any unauthorised apparatus or system; and (c) your breach of any provision of this agreement.
14. Customer Privacy Notice and Security
Electronic (including wired and wireless) communications through the Services may not be encrypted. You acknowledge that there is a risk that data, including email, electronic and wireless communications and personal data, may be accessed by unauthorised third parties when communicated between you and GoKonnect or between you and other parties.
iii. To the extent that GoKonnect is expressly required to do so by applicable law, we will provide notice to you of a breach of the security of certain personally identifiable information about you. It is GoKonnect information security policy to provide such notice to you in the manner set forth in Section 16.
a. Entire Agreement.
This Agreement and any other documents incorporated by reference constitute the entire agreement and understanding between the parties with respect to the subject matter of this Agreement, and they replace any and all prior written or verbal agreements. If any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. If GoKonnect fails to insist upon or enforce strict performance of any provision of this Agreement, it shall not thereby waive any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
b. Additional Representations and Warranties.
In addition to representations and warranties you make elsewhere in this Agreement, you also represent and warrant that:
a. Age: You are at least 18 years of age.
b. Customer Information: During the term of this Agreement, you have provided and will provide to GoKonnect information that is accurate, complete and current, including without limitation your legal name, address, telephone number(s), email address and payment data (including without limitation information provided when authorising recurring payments). You agree to notify us promptly, in accordance with the terms of this Agreement, if there is any change in the information that you have provided to us. If you fail to provide and obtain accurate information, you will breach this Agreement.
c. Information Provided to Third Parties.
GoKonnect is not responsible for any information provided by you to third parties, and this information is not subject to the privacy provisions of this Agreement or the privacy notice for the Services. You assume all privacy, security and other risks associated with providing personally identifiable information to third parties via the Services. For a description of the privacy protections associated with providing information to third parties, you should refer to the privacy policies, if any, provided by those third parties.
d. Revocable License.
The Products and Services, including but not limited to any firmware or software embedded in the Products or used to provide the Services, are protected by trademark, copyright, patent and/or other intellectual property laws and international treaty provisions. You are granted a revocable license to use such firmware and software in object code form (without making any modification thereto) strictly in accordance with this Agreement. You acknowledge and understand that you are not granted any other license to use the firmware or software embedded in the Products or used to provide the Services. You expressly agree that you will use the Products exclusively in connection with the Services. You shall not take any action nor allow anyone else to take any action that will reverse compile, disassemble, or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
e. Protection of GoKonnect Information and Marks.
All Service information, documents, and materials on our Web sites are protected by trademark, copyright or other intellectual property laws, and international treaty provisions. All Web sites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively “marks”) of GoKonnect and its affiliates are and shall remain the exclusive property of GoKonnect. Nothing in this Agreement shall grant you the right or license to use any of the marks.
f. Export Laws.
You expressly agree to comply with all applicable export and re-export laws, including but not limited to the EU Export Regulations. You further expressly agree not to use the Services in any way that violates any provision of these export and re-export laws or their implementing regulations.
g. Retention of Rights.
Nothing contained in this Agreement shall be construed to limit GoKonnect’s rights and remedies available at law or in equity. Upon termination of this Agreement for any reason, GoKonnect and its suppliers reserve the right to delete all your data, files, electronic messages or other Customer information that is stored on GoKonnect’s or its suppliers’ servers or systems. We shall have no liability whatsoever as the result of the loss of any such data.
16. Notice Method for Changes to This Agreement
You agree to accept all communications from us regarding use of the Services at the addresses you provide during Registration. Please promptly update any changes to your registration information by using the “Update User Information” link associated with the Service. GoKonnect is entitled to rely on the email address and postal address that you last provided to us. You agree to waive all claims resulting from failure to receive communications because of changes in your email or postal address. From time to time we would like to send you information about GoKonnect products and services. If you register for a Service, you are granting GoKonnect permission to communicate with you by email. You can opt not to receive such information from us in the future by following the instructions in any email that we send to you.
You agree to be bound by any affirmation, assent or agreement you transmit through the Services you access by computer or other electronic device, including internet, telephonic and wireless devices, including but not limited to any consent you give to receive communications from us solely through electronic transmission. You agree that, when in the future you click on an “I agree,” “I consent” or other similarly worded “button” or entry field with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.