1. Duration and validity of the contract

1.1. The agreement is only concluded for the duration of 6 years after the installation date. After expiry, the customer can extend the agreement annually at the then applicable rates.

1.2. In quotation and order confirmation, the Supplier will make it clear in writing that the agreement is inextricably linked to the installation ordered by the Client. By accepting the purchase agreement, the customer agrees to all the terms and conditions associated with the written agreement.

2. Content of the agreement2.1. With this agreement, the customer is entitled, subject to the exceptions mentioned in this agreement, to provisions as described in article 3

2.2. In principle, the agreement is entered into with the aim of providing and supporting the customer quickly and completely.

3. Coverage of the Agreement

3.1. The agreement covers fixed and variable costs during the term of the agreement.

3.2. Fixed Fee Coverage
• Subscription and Connection Fees to the Service Portal (annual)

• Cost of cloud storage data (annual)
• Costs for performing updates in soft/firmware
• Installment component WiFi/IoT module (6 installments)

3.3. Variable Cost Coverage.

Variable costs include:• ONLINE remote support and technical interventions (unlimited)

• Working hours of ONSITE support and technical interventions (if necessary/limited)
• Call-out costs ONSITE support and technical interventions (if necessary/limited)
• Material and repair (limited)

4. Exclusions from this Agreement

4.1 In the following cases, technical interventions under the terms of this Agreement are excluded or, as in Article 3.3. has limitations:

• improper use of the system
• malfunctions and damage caused by third parties, third-party installations or external or internal environmental factors that were not known or observable at the time of installation. as well as molestation, fire and water damage, natural disasters and acts of war.
• work as a result of a defective, inadequate range or malfunctioning WiFi or Internet connection at the customer’s premises.

4.2. The same exclusions or limitations apply to warranty claims.

4.3. It is the technician on site who determines whether an exclusion or restriction applies.

5. Response times5.1. In this agreement, the Supplier undertakes to carry out technical interventions with priority in the event of malfunctions. Reports from the customer are therefore always treated with priority. The Supplier strives to achieve response times as follows:

• ONSITE interventions (on location), within 5 working days (Monday to Friday),
• ONLINE interventions (remote via internet) within 24 hours

5.2. No rights can be derived by the customer from the guidelines referred to in Article 3.1.

5.3. In the event of an ONLINE agreement, the Supplier will at all times first carry out an ON-LINE intervention before determining whether an ON-SITE intervention is necessary.

5.4. In principle, ONSITE interventions carried out by the Supplier as a result of a defective or malfunctioning Wi-Fi or Internet connection at the Client’s premises will always be charged.

5.5 An ONSITE combined with an ONLINE agreement can also be regarded as a Full Service agreement.

6. Payment and invoicing6.1. The costs of this agreement are invoiced annually in advance by the supplier. If there is a lease agreement, it is possible to include the total costs of the service and maintenance agreement in the lease agreement during the term of the lease agreement.

6.2. Invoicing of the automatic renewal is made annually in advance.

• installations carried out in January to June – in the month of December prior to the renewal• installations carried out in July to December – in the month of June prior to the renewal

6.3. In the event of non-payment, late or full payment of the agreement, the Supplier is entitled to suspend work until full payment has been received and, in the event of repeated late payment of the payment, to demand full payment of the remaining instalments in advance.

7. Indexation7.1. The costs for the agreement are determined annually and can be adjusted on the basis of the CPI (Consumer Price Index in January of the billing year of Statistics Netherlands).

7.2. The agreement cannot be dissolved on the basis of this inflation adjustment.

8. Termination of contract

8.1. The agreement is automatically converted into an ONLINE service and maintenance agreement after the term. This agreement is subject to a reduced rate and only covers:

• Subscription/connection costs for the service portal
• ONLINE support and ONLINE technical interventions (unlimited)
• Implementation of firmware updates
• Pro Active Monitoring – automatic alerts to our Technical Service + follow-up

8.2. The Client will be given the opportunity to terminate the agreement free of charge on an annual basis.

8.3. If the customer terminates the contract before the end date of the agreement, a penalty clause will be claimed in connection with a repayment element in the agreement and deducted income. This amounts to at least 1 annual rate of the concluded agreement.

9. Transferability

9.1. The agreement is transferable free of charge under the same and unchanged conditions upon the acquisition of the Customer’s business to a new owner.

9.2. In the event of premature termination of the agreement, a penalty clause is claimed. This amounts to 1 annual rate of the concluded agreement

9.3. If a new owner unilaterally dissolves the agreement, the penalty clause will be charged to the original customer.

10. General Terms and Conditions and Applicable Law (competent court)

10.1. The General Terms and Conditions of BeSuRe International are fully applicable to this agreement. Where conditions differ from the General Terms and Conditions, please prefer these Additional Terms for service and maintenance agreements.

10.2. General terms and conditions, under whatever name, of the Client are not applicable and are expressly rejected by the User.

10.3. This agreement is governed by Dutch law.

10.4. If disputes arising as a result of the agreement, insofar as not otherwise mandatory prescribed by law, are subject to the judgment of the competent court in Amsterdam, on the understanding that the Supplier has the right to bring a claim, whether or not simultaneously, before other courts that are competent to hear such claims on the basis of national or international legal rules.

10.5. The applicability of the Vienna Sales Convention (CISG) is excluded.