Common use of Customer Acknowledgments Clause in Contracts

Customer Acknowledgments. The Customer acknowledges and agrees that: (a) the Fees are based on the value of the Equipment and/or the Security Services and are not related to the value or nature of the Customer’s property or the property of others located on the Site; (b) Chubb is not an insurer and any insurance against loss or damage to property, business interruption and personal injury must be obtained by the Customer at its own cost; the Customer acknowledges and agrees that the Security Services and installation of the Equipment at the Site are not and cannot be guaranteed to deter or prevent unauthorised entry, personal injury or loss or damage at the Site; in addition to effecting and maintaining suitable insurance coverage, it is the Customer’s sole responsibility to exercise at all times all reasonable precautions that can be expected from a prudent and diligent owner, controller, manager or occupier of premises; (c) the performance of the Equipment, the Pre-Existing Equipment and/or the Security Services can be affected by equipment and telecommunication services which are provided to the Customer by Carriers or other third party providers. Without limiting clause 16, Chubb shall have no liability to the Customer for Equipment, Pre-Existing Equipment or Security Services performance issues which are attributable to equipment and/or services not supplied by Chubb; in particular, the Customer acknowledges and agrees that Chubb will not be able to provide the Security Services until such time as the telephone line communication and/or digital mobile communication or network is restored; (d) there are varying levels of line integrity between different Monitoring technologies and the Customer has elected to utilise the technology specified in the CSA (Part D); (e) in respect of digital dialler line based monitoring, Chubb will not be aware of a communications failure if the telephone line is severed or disabled between Chubb and the security panel in the Equipment or Pre-Existing Equipment, until the next time the panel is programmed to send a test System Event to Chubb; (f) a “line fail” System Event may indicate malicious damage to the telephone line connecting the Site to Chubb and may indicate a break-in or other unlawful activity at the Site; (g) if a digital dialler is fitted to the Equipment or Pre-Existing Equipment, it is programmed to send regular test System Events to Chubb’s monitoring centre; (h) the Customer is solely liable for the costs and charges of all power, telephone, data usage, connections and any other telecommunications equipment and/or services required for the performance of the Equipment, Pre-Existing Equipment and/or the Security Services; (i) the performance of the Equipment, the Pre-Existing Equipment and/or the Security Services may be affected by environmental conditions (separately or in any combination) such as weather (including, without limitation, rain, wind, storms and lightning), temperature, geographical location, humidity, dust, dirt, debris, insects, the presence of pets or other animals; Chubb is not liable in any way to the Customer for any defect, fault, damage or malfunction of the Equipment, Pre-Existing Equipment or Security Services caused by or contributed to by such environmental conditions; (j) the Customer is solely liable for ensuring that its actual or proposed use of Security Services and associated Equipment or Pre-Existing Equipment complies with all applicable laws and regulations, including, without limitation, those pertaining to surveillance and the privacy of individuals in which the monitored premises are located, and if required must ensure it has obtained the consent from all relevant persons, and displayed appropriate notices. The Customer shall indemnify Chubb and keep Chubb indemnified at all times against any claim, demand, liability, proceedings, loss, damage, cost or expense by any party arising in any way out of or in connection with any alleged or actual breach of such laws and regulations; and (k) the Customer acknowledges and agrees that Equipment and Security Services connected to the internet, third party networks or peripheral devices (such as, without limitation, USB) are at risk of malicious cyber-attacks or malware and must take adequate precautions to minimize these threats and mitigate their consequences; Chubb shall not liable in any way to the Customer for any damage, loss or malfunction of the Equipment, Pre-Existing Equipment or Security Services or any other loss, damage, cost or expense directly or indirectly caused by or contributed to by such malicious cyber-attacks or malware.

Customer Acknowledgments. The Customer acknowledges and agrees that: (a) the Fees are based on the value of the Equipment and/or the Security Services and are not related to the value or nature of the Customer’s property or the property of others located on the Site; (b) Chubb is not an insurer and any insurance against loss or damage to property, business interruption and personal injury must be obtained by the Customer at its own cost; the Customer acknowledges and agrees that the Security Services and installation of the Equipment at the Site are not and cannot be guaranteed to deter or prevent unauthorised entry, personal injury or loss or damage at the Site; in addition to effecting and maintaining suitable insurance coverage, it is the Customer’s sole responsibility to exercise at all times all reasonable precautions that can be expected from a prudent and diligent owner, controller, manager or occupier of premises; (c) the performance of the Equipment, the Pre-Existing Equipment and/or the Security Services can be affected by equipment and telecommunication services which are provided to the Customer by Carriers or other third party providers. Without limiting clause 16, Chubb shall have no liability to the Customer for Equipment, Pre-Existing Equipment or Security Services performance issues which are attributable to equipment and/or services not supplied by Chubb; in particular, the Customer Customer, acknowledges and agrees that Chubb will not be able to provide the Security Services until such time as the telephone line communication and/or digital mobile communication or network is restored; (d) there are varying levels of line integrity between different Monitoring technologies and the Customer has elected to utilise the technology specified in the CSA (Part D); (e) in respect of digital dialler line based monitoring, Chubb will not be aware of a communications failure if the telephone line is severed or disabled between Chubb and the security panel in the Equipment or Pre-Existing Equipment, until the next time the panel is programmed to send a test System Event to Chubb; (f) a “line fail” System Event may indicate malicious damage to the telephone line connecting the Site to Chubb and may indicate a break-in or other unlawful activity at the Site; (g) if a digital dialler is fitted to the Equipment or Pre-Existing Equipment, it is programmed to send regular test System Events to Chubb’s monitoring centre; (h) the Customer is solely liable for the costs and charges of all power, telephone, data usage, connections and any other telecommunications equipment and/or services required for the performance of the Equipment, Pre-Existing Equipment and/or the Security Services; (i) the performance of the Equipment, the Pre-Existing Equipment and/or the Security Services may be affected by environmental conditions (separately or in any combination) such as weather (including, without limitation, rain, wind, storms and lightning), temperature, geographical location, humidity, dust, dirt, debris, insects, the presence of pets or other animals; Chubb is not liable in any way to the Customer for any defect, fault, damage or malfunction of the Equipment, Pre-Existing Equipment or Security Services caused by or contributed to by such environmental conditions;; and (j) the Customer is solely liable for ensuring that its actual or proposed use of Security Services and associated Equipment or Pre-Existing Equipment complies with all applicable laws and regulations, including, without limitation, those pertaining to surveillance and the privacy of individuals in which the monitored premises are located, and if required must ensure it has obtained the consent from all relevant persons, and displayed appropriate notices. The Customer shall indemnify Chubb and keep Chubb indemnified at all times against any claim, demand, liability, proceedings, loss, damage, cost or expense by any party arising in any way out of or in connection with any alleged or actual breach of such laws and regulations; and (k) the Customer acknowledges and agrees that Equipment and Security Services connected to the internet, third party networks or peripheral devices (such as, without limitation, USB) are at risk of malicious cyber-attacks or malware and must take adequate precautions to minimize these threats and mitigate their consequences; Chubb shall not liable in any way to the Customer for any damage, loss or malfunction of the Equipment, Pre-Existing Equipment or Security Services or any other loss, damage, cost or expense directly or indirectly caused by or contributed to by such malicious cyber-attacks or malware.

Customer Acknowledgments. The Customer acknowledges and agrees that: (a) the Fees are based on the value of the Equipment and/or the Security Services and are not related to the value or nature of the Customer’s property or the property of others located on the Site; (b) Chubb is not an insurer and any insurance against loss or damage to property, business interruption and personal injury must be obtained by the Customer at its own cost; the Customer acknowledges and agrees that the Security Services and installation of the Equipment at the Site are not and cannot be guaranteed to deter or prevent unauthorised entry, personal injury or loss or damage at the Site; in addition to effecting and maintaining suitable insurance coverage, it is the Customer’s sole responsibility to exercise at all times all reasonable precautions that can be expected from a prudent and diligent owner, controller, manager or occupier of premises; (c) the performance of the Equipment, the Pre-Existing Equipment and/or the Security Services can be affected by equipment and telecommunication services which are provided to the Customer by Carriers or other third party providers. Without limiting clause 16any other provision of this CSA, Chubb shall have no liability to the Customer for Equipment, Pre-Existing Equipment or Security Services performance issues which are attributable to equipment and/or services not supplied by Chubb; in particular, the Customer Customer, acknowledges and agrees that Chubb will not be able to provide the Security Services until such time as the telephone line communication and/or digital mobile communication or network is restored; (d) there are varying levels of line integrity between different Monitoring technologies and the Customer has elected to utilise the technology specified in the CSA (Part D); (e) in respect of digital dialler line based monitoring, Chubb will not be aware of a communications failure if the telephone line is severed or disabled between Chubb and the security panel in the Equipment or Pre-Existing Equipment, until the next time the panel is programmed to send a test System Event to Chubb; (f) a “line fail” System Event may indicate malicious damage to the telephone line connecting the Site to Chubb and may indicate a break-in or other unlawful activity at the Site; (g) if a digital dialler is fitted to the Equipment or Pre-Existing Equipment, it is programmed to send regular test System Events to Chubb’s monitoring centre; (h) the Customer is solely liable for the costs and charges of all power, telephone, data usage, connections and any other telecommunications equipment and/or services required for the performance of the Equipment, Pre-Existing Equipment and/or the Security Services; (i) the performance of the Equipment, the Pre-Existing Equipment and/or the Security Services may be affected by environmental conditions (separately or in any combination) such as weather (including, without limitation, rain, wind, storms and lightning), temperature, geographical location, humidity, dust, dirt, debris, insects, the presence of pets or other animals; Chubb is not liable in any way to the Customer for any defect, fault, damage or malfunction of the Equipment, Pre-Existing Equipment or Security Services caused by or contributed to by such environmental conditions; (j) the Customer is solely liable for ensuring that its actual or proposed use of Security Services and associated Equipment or Pre-Pre- Existing Equipment complies with all applicable laws and regulations, including, without limitation, those pertaining to surveillance and the privacy of individuals in which the monitored premises are located, and if required must ensure it has obtained the consent from all relevant persons, and displayed appropriate notices. The Customer shall indemnify Chubb and keep Chubb indemnified at all times against any claim, demand, liability, proceedings, loss, damage, cost or expense by any party arising in any way out of or in connection with any alleged or actual breach of such laws and regulations; and (k) the Customer acknowledges and agrees that Equipment and Security Services connected to the internet, third party networks or peripheral devices (such as, without limitation, USB) are at risk of malicious cyber-attacks or malware and must take adequate precautions to minimize these threats and mitigate their consequences; Chubb shall not be liable in any way to the Customer for any damage, loss or malfunction of the Equipment, Pre-Existing Equipment or Security Services or any other loss, damage, cost or expense directly or indirectly caused by or contributed to by such malicious cyber-attacks or malware.