General business conditions
General conditions of providing and using the services of Watchout Security doo
Subject and application
The General Terms and Conditions determine the conditions for the use of the services of Watchout security doo (hereinafter: the service provider) for individuals, legal entities and entrepreneurs (hereinafter: service users). The General Terms and Conditions are binding on the Service Provider and the users and apply to all their contractual relations, unless the Service Provider and the Service User agree otherwise. The parts of the General Terms and Conditions whose title indicates a special group of services or a special group of users will apply only to them. The General Terms and Conditions cover all Watchout security services.
Publicity, amendments to the General Terms and Conditions
Watchout security is obliged to make these General Terms and Conditions, as well as all changes to them, publicly available on its website www.ws.co.rs. Watchout security has the right and obligation to supplement and change the General Terms and Conditions in order to comply with changes in the law, other binding general acts, its business policy and user needs. Watchout security will inform users about the changes and amendments to the General Terms and Conditions and the price list via the said website, whereby the changes and amendments will be binding on Watchout security and service users within one month of their publication on the website.
Legislative provisions
Watchout Securty undertakes to provide the service in accordance with the Private Security Act. Law on Private Security and provisions concerning system users. Extraordinary circumstances.
Information security
All persons of the User and the Service Provider and subcontractors of the Service Provider who participate in the implementation of this Agreement are obliged to ensure the confidentiality of data.
All persons of the User and the Service Provider and subcontractors of the Service Provider who participate in the implementation of this Agreement are obliged to identify and notify the other party of all identified security risks from the aspect of confidentiality, integrity and availability, while this Agreement is in force for a period of one years after its termination.
By signing the Agreement, the User is informed and agrees that the Service Provider stores and processes the submitted data by the User and his employees and uses them exclusively for the purpose of providing the service which is the subject of this Agreement and does not provide them without the consent of the other party. .
The data collected in the implementation of the Agreement may be used only for the purpose for which they were collected and may not be disclosed to third parties or made public, unless otherwise provided or agreed.
The data subject has the right to request that the collected data be made available to him, which includes the right to view, read and listen to the data, as well as make notes, and at his own expense and obtain copies of data (photocopy, audio copy, video copy). , digital copy, etc.) in the form in which the information is located, as well as that, in accordance with regulations, requires modification or deletion of data. If the data collection is established by the Agreement, or on the basis of written consent, in case of fulfillment or termination of the Agreement, or withdrawal of written consent, the Service Provider undertakes to hand over the data to the user or delete them within 15 days of termination. , ie withdrawal of consent, and other data that are not relevant or that the user refuses to download, destroy within eight days.
The service provider is obliged to keep as a secret, in accordance with the Law and other regulations governing the confidentiality of data, all data that they learn in the course of business, except in cases provided by law.
The obligation to maintain secrecy lasts even after the cessation of activities until the deadline prescribed by law.
General obligations of the service provider
To keep the prices and method of payment, delivery deadlines and other information from the offer within the validity period of the offer and the Service Provider has the right to request re-agreement with the other party if there is any change in the offer.
To regulate the engagement of security officers and their manner of work by a mutually agreed and verified Action Plan which is an integral part of this Agreement.
To appoint a responsible manager for the implementation of the Agreement.
During the implementation of this Agreement, to implement measures of protection at work, protection against fire and injuries and damage to third parties and surrounding facilities and roads and not to disturb the achieved level of order.
To perform training on the use of the technical protection system for all users and to make a Record on the performed training.
To issue a written Instruction on the use of the system.
To ensure complete technical correctness of the installed technical protection system.
That all executors of WS involved in the implementation of the contract carefully and conscientiously treat the property of the Service User.
To ensure the receipt of requests for service and customer support on the number 0800 011 013 (free for Users) 24 hours a day, every day of the week and the support of the technical service on weekdays from Monday to Friday from 08-16h.
To provide the User with access codes for STZ after the expiration of the warranty period, contract or decision of the User to do not entrust maintenance to the Service Provider.
To provide an offer for additional service upon the request for contracting by the user.
To provide a Report on the activities of the Service Provider.
To sign the Handover Minutes and to state all objections if any.
To take measures and remove the objections of the other party within 5 days from the day of signing the Minutes on handover in order to continue further implementation of the Agreement.
To visibly mark the protected object with the marks of the Service Provider in accordance with the provided services.
Provide the User with tips and instructions to solve the problem without coming to the protected object.
That in case of determined discrepancies in the functioning of the system, an expert team plans to determine the cause and manner of eliminating the non-compliance on the system-protected facility within the planned deadline, as well as to define the planned deadline within which the cause of non-compliance will be eliminated.
To monitor the total time of determining and eliminating the causes of non-compliance by types of non-compliance in order to improve.
To monitor and determine non-compliances that occur on all installed systems and to determine measures that will reduce the scope of occurrence.
To monitor the development of instruments for timely warnings and propose adequate measures.
To monitor the development of products built into the system and propose an amendment with explanation.
To maintain an optimal stock of products that are subject to temporary replacement (if non-compliant products relate to servicing) or replace worn-out products.
Service Provider The Service Provider is obliged to cooperate with the authorized person of the Purchaser during the duration of the Contract and to accept justified professional suggestions and complaints.
General obligations of service users
To perform its obligations on time and in accordance with the Agreement.
Before the beginning of the implementation of the Contract, to appoint a responsible person for supervision, communication and handover and to timely inform the Service Provider in case of change.
Before the beginning of the provision of the service, to determine the persons who will train the Service Provider for the use of the service, and to inform the Service Provider in a timely manner in case of change.
To timely inform the Service Provider about possible changes to the planned start or planned deadline for implementation.
That during each delivery of products, it will verify the specification of delivered products by the Service Provider, which is an integral part of the Contract Documentation.
To continuously provide all prerequisites related to the Contracted Service: correct internet connection, correct telephone line (preferably separate or less frequently used) and correct installation of 220V, as well as to inform the Service Provider about possible problems that may affect the quality of service .
In order to ensure the successful implementation of the Contract, to ensure the uninterrupted performance of works to the authorized persons of the Service Provider.
To use the service in accordance with the conducted training and given instructions.
To reimburse the incurred costs of the service to the Service Provider in case of non-compliance caused intentionally or through negligence, non-use in accordance with the given instructions or conducted training.
To bear the fee for additional engagement of experts by the Provider in case it does not provide all the previously stated conditions for the implementation of the Contract.
To reimburse the costs of the Provider in case of a request for the engagement of a technical service outside working hours in order to eliminate non-compliance, unless a special system maintenance service has been contracted.
To enable the Service Provider to use electricity, water, sanitary facilities during the execution of works and installation of the system on the facility free of charge.
To give consent to the Service Provider for remote access to the installed system in order to determine the cause of the problem, eliminate the cause of the problem and test the functioning of the system.
To inform the duty operator of KC without delay about the period of annual vacations and situations in which the protected space will be without the presence of authorized persons.
To reimburse the costs incurred by the Service Provider in case of non-compliance caused intentionally or through negligence, non-use in accordance with the conducted training.
To reimburse the costs of the Service Provider at the request for hiring the executor of the Service Provider outside working hours in order to eliminate the discrepancy.
To submit all additional requests in relation to the contracted services to the Service Provider by phone or e-mail.
Not to make any changes and additions to the installed system after the handover, without the written consent of the Service Provider during the warranty period from the Contract.
To enter and maintain the data of persons for the use of STZ for security and identification in the form PPZO Review of security data, as well as to timely, in writing, inform KC about all changes, as well as data of persons who have the keys to the facility .
To sign the Handover Minutes and to state all objections if any.
To take measures and remove the objections of the other party within 5 days from the day of signing the Minutes on handover, in order to continue further realization of the Agreement.
By signing this Agreement, to give consent to the Provider to collect and process data on the User, specified or contained in the contract documentation
. The User declares that he is acquainted with the purpose of processing and other circumstances and rights from the Law on Personal Data Protection, and that he agrees that the Provider collects and processes data on the User.
To assess the risk of non-compliance on the system and take measures to reduce the risk.
To implement the received proposals for improvement and to envisage measures for the identified causes in order to make the system function more effectively and reduce costs.
To establish functional testing plans to determine whether embedded products respond as provided in the contract.
The Service User is obliged to provide the Service Provider with the technical documentation of the STZ, which is subject to maintenance in accordance with the provisions of this Agreement.
To provide appropriate permits for taking the product to the service in case the service intervention starts with the owner and it is established that its successful completion is possible only in the premises of the Service Provider.
To create and submit to the Service Provider the dynamics of regular maintenance of the system that is the subject of maintenance.
Warranty
The Service Provider guarantees that the Contracted Service will be realized in accordance with this Contract for the entire duration of the Contract, counting from the day of signing the handover record.
The service provider has a Professional Liability Insurance Policy for damages caused as a direct consequence of negligence, error or omission during the performance of the registered activity by the employees.
At the request of the Service User, the Service Provider will present the Insurance Certificate.
The guarantee is given only under the condition that the Service User adheres to the accepted obligations in the Agreement.
Termination and expiration of the contract
In the event that the Agreement is terminated at the official request of the User before the expiration date, the User is obliged to pay the remaining value of the service for the agreed period. In that case, the Provider is obliged to deactivate the service free of charge. Deactivation of the service means resetting the system and resetting to factory settings, removing WS features, removing TAG, deactivating users in KC WS.
The User shall reimburse the Service Provider for the actual costs for reminders sent to the User, as well as all other costs related to the collection and / or securing of his claim under the Contract (court, administrative, legal fees, etc.), the due date of which will be determined by invoices The Service Provider shall issue to the User for the stated costs. The user is obliged to pay the costs of default interest in the amount provided by law. In the event that the User is late in paying the amount of any monthly installment for more than 15 (fifteen) days, the Service Provider has the right to terminate the Agreement.
The Contract is considered tacitly extended indefinitely under the conditions contained in the Contract, and with the possibility of termination of the Contract of the contracting parties 7 (seven) days after notification in writing by registered mail with return receipt.
Use of data and transfer of rights
By signing the Agreement, the User agrees that Watchout security has the right to use the User’s data related to address, telephone numbers, fax, e-mail addresses and other contact information, which the User presented to Watchout security when signing the Agreement, in order to provide the User with information about its activities and services, using all means of business communication. By signing the contract, the User is informed and agrees that Watchout security stores and processes electronically submitted data by the User and its employees, which primarily relate to employees of the User and uses them exclusively for the purposes of this Agreement, in accordance with the Law on Protection. personal data (“Official Gazette of RS”, No. 97/2008, 104/2009 – other law, 68/2012, US decision and 107/2012).
Final regulations
The contract enters into force on the day of conclusion.
Both parties agree that the Handover shall be deemed to have been performed by a mutually signed Handover Record without objections from the contracting parties.
The Contracting Parties agree that all disputes arising in connection with the Contract shall be settled amicably. The contracting parties agree that in case the dispute cannot be resolved amicably, the court in Kragujevac has jurisdiction.
Both parties agree that the signed Contract Documentation may be the subject of a court dispute of the competent Court.
All documented information that is an integral part of the Contract Documentation provided by one Contracting Party to the other shall be written and sent by registered mail or e-mail, with acknowledgment of receipt, to the addresses specified in the Contract or to another address specified by the Contracting Parties.
Neither Contracting Party shall transfer any of its rights or delegate any of its obligations under the Contract to any other Contracting Party without the prior written consent of the other Contracting Party. Any attempt at assignment or delegation will constitute a breach of the Agreement. The benefits of the Agreement shall be transferred to the creditors and heirs of each Contracting Party. Notwithstanding the provisions of the Agreement, the Service User will be able to transfer all or p
joint rights to its related legal entities.
Either Contracting Party may unilaterally terminate the Contract, without notice, by a written declaration of intent only in the event that bankruptcy, liquidation, compulsory settlement or administrative or compulsory management proceedings are initiated against the other Contracting Party, that the other Contracting Party is prohibited from performing activities or that the other party permanently ceases to operate.
The Contract may be terminated by agreement only with the consent of both Contracting Parties.
While the Agreement is in effect for a period of one (1) year thereafter, the Service Provider and the Service User agree not to offer employment, either directly or indirectly through third parties, to any persons participating in the implementation of the Agreement without prior written consent for such an offer received from the opposite party.
The contracting parties agree that the Service Provider does not bear any responsibility for non-compliance with the Law on Private Security by the Service User.
The provisions of the Law on Obligations shall apply to everything not provided for in the Agreement. All amendments to the Agreement are possible only on the basis of the Annex to the Agreement and with the mutual consent of the Contracting Parties.
