Warranty and maintenance conditions

  1. Object of the contract and general provisions
    1. On the basis of this Agreement, the Executor shall provide the Customer with equipment maintenance, the description and list of which is provided in the Appendices of the Agreement, during the period of the Agreement (edaspidi „Süsteem“), hooldamise ning rikete likvideerimise (remontimise) teenust (edaspidi „Töö“). 
    2. The parties are guided by the terms of the Agreement, the Law of Obligations Act and other legal acts of the Republic of Estonia in regulating their mutual relations.
  1. Time and content of the work
    1. Emergency maintenance of the system is carried out at the Customer's call, and its content depends on the reason for the call.
    2. Repair of the system is carried out during emergency maintenance when malfunctions are detected in the system or the devices that are part of it. During the repair, malfunctions are eliminated and, if necessary, inoperable devices are replaced with devices in working order.
  1. Fee and Billing
    1. The Customer pays the Executor the fee agreed in the Contract for the Work (hereinafter referred to as the "Maintenance Fee"), plus VAT. The maintenance fee does not include the price of materials used during the Work or the price of replaced or additionally installed equipment.
    2. Payment of the maintenance fee and reimbursement of additional costs shall be made on the basis of invoices submitted by the Executor in accordance with the provisions of this Agreement. The invoice is considered paid if the amount shown on it has been received in full on the Executor's current account.
    3. In the event that the Customer delays the payment of the Maintenance Fee or reimbursement of additional costs, the Executor has the right to demand a late payment at the rate agreed in the Agreement for each day the payment is delayed from the amount not paid on time. 
  1. Acceptance of work 
    1. For each regular maintenance and challenge, an act reflecting the content and scope of the work performed (hereinafter "Act") is drawn up, which is signed by both parties. The act shows the time spent on maintenance and repair of the system and the work performed.
    2. In case of full or partial refusal to accept the work, the Customer shall submit to the Contractor a motivated decision of the relevant content within one (1) working day, after the Contractor signs the Act and submits it to the Customer. If the Customer does not raise any objections within the specified term, it is considered that the Work reflected in the Act has been properly performed and accepted by the Customer.  
  1. Rights and obligations of the parties
    1. The executor undertakes:
      1. perform regular maintenance of the System according to the agreed frequency;
      2. respond to the Customer's call for emergency maintenance, including the repair of the System and equipment, within 48 hours of receiving the call; 
      3. during emergency maintenance, inspect and maintain the System as needed or as requested by the Customer;
      4. to inform the Subscriber about malfunctions and non-conformities that have occurred during the maintenance of the System and, if there are any, to make a corresponding entry in the System maintenance log;
      5. In coordination with the customer, eliminate faults and non-conformities in the System and the devices that are part of it, if necessary, replace the device(s) of the System and change the structure of the System; 
      6. enable the Customer to familiarize himself with the progress of the Work;
      7. prepare and submit to the Customer an Act for each routine maintenance and challenge, which shows the content and scope of the work performed.
    1. The customer undertakes:
      1. to pay the Executor for the execution of the Work in accordance with the provisions of the Agreement;
      2. to ensure the entry and access of the Contractor's employees to the object where the Work provided for in the Agreement is carried out;
      3. cooperate comprehensively with the Contractor and create the necessary conditions for the execution of the Work;
      4. to ensure the safety of the Contractor's employees during and at the place of performance of the Work;
      5. ensure the constant presence or availability of your contact person during the execution of the Work;
      6. to accept the Deed of the completed works and sign it within one (1) working day or submit to the Executor within one (1) working day his own objections to the Work reflected in the Deed. 
    1. The executor has the right to:
      1. use subcontractors in the execution of the Work;
      2. to suspend the execution of the Agreement for the period when the Customer delays the payment of the Maintenance Fee or the compensation of additional costs incurred during the execution of the Work.
  1. Responsibility
    1. The executor is responsible for the breach of his obligations under the Agreement if the breach is caused by fault.
    2. The Executor is only responsible for the direct property damage caused to the Customer. The financial extent of the Executor's liability is limited to the amount of the Maintenance Fee paid by the Customer during an average of three (3) months during the entire duration of the Agreement, and in the case of an Agreement lasting less than three months, to the amount of the Maintenance Fee paid by the Customer during the entire duration of the Agreement. 
    3. The foregoing limitations of liability do not apply to the extent that limitation of liability is not permitted by law.
  1. Validity and termination of the agreement
    1. The contract is concluded for a fixed term and ends on the due date specified in the contract. The validity of the Agreement is automatically extended by one (1) year, if neither Party notifies the other Party in writing at least two (2) months before the regular termination date of the Agreement that it does not wish to continue the Agreement or wishes to change the terms of the Agreement.
    2. Either Party has the right to terminate the Agreement early, by notifying the other Party in writing, if the other Party significantly violates its obligations arising from the Agreement and does not bring its behavior into line with the Agreement within 14 days from the point of drawing attention to the corresponding violation. 
  1. Delivery of notices
    1. One Party transmits messages related to the Agreement to the other Party using the contact information specified in the Agreement. 
    2. Notifications are sent via e-mail, unless the Agreement stipulates a written form of notification. The electronic form of the notification duly digitally signed is equivalent to the written form. 
    3. The statement of termination of the Agreement and the claims against the other Party arising from the breach of the Agreement must be submitted in writing. 
    4. Written notices shall be sent to the other Party by registered mail or delivered to the other Party against signature. A written notice is deemed to have been delivered to the other Party from the moment the other Party confirms receipt of the notice, but no later than when three (3) calendar days have passed since the notice was posted or one (1) business day has passed since the notice was transmitted in electronic form.
  1. Confidentiality
    1. The Parties undertake not to disclose to third parties information about the conclusion of the Agreement and its conditions, as well as the information learned about the other Party in connection with the conclusion and execution of the Agreement, and to compensate the other Party for the damage caused by the violation of the said obligation.  
    2. Disclosure of information to the financial and legal advisors of the Parties, as well as to the authorities in cases prescribed by law, is not considered a violation of the obligation of confidentiality. 
  1. Solving arguments
    1. The parties will first try to resolve disputes related to the Agreement through negotiations. 
    2. If an agreement cannot be reached through negotiations, the dispute will be resolved in the court at the location of the Executor.
  1. Other conditions
    1. The executor has the right to transfer claims to third parties, including debt collection companies, in order to collect unpaid invoices or damages caused to him. The costs related to the collection of such claims shall be fully borne by the Customer. In other cases, the Parties have the right to transfer the rights and obligations arising from this Agreement to third parties only with the written consent of the other Party.
    2. The Customer has given consent to the Executor to process the contact and personal data disclosed by the Customer to the Executor during the conclusion and performance of the Agreement for service purposes to the extent that it is justified to achieve the goals of the Agreement, and for marketing purposes, to provide the Customer with personal offers in the field of security services. The customer has the right to withdraw the consent given to the processing of personal data by submitting a corresponding application to the Executor.   
    3. In case of non-payment of invoices by the Customer, the Executor has the right to disclose the Customer's contact and personal data to third parties who deal with debt collection and/or disclosure of debt-related data.
    4. The Subscriber has given the Contractor consent to record calls made by the Subscriber to the Contractor.
  1. Final provisions
    1. The parties confirm that they have carefully read the Agreement and that all provisions and conditions of the Agreement are unambiguously understandable, understandable and acceptable.
    2. All amendments to the Agreement shall enter into force after they have been signed by both Parties. 
    3. The Appendices to the Agreement, the quotation on the basis of which the Agreement is concluded (if any) and the written agreements of the Parties are integral parts of the Agreement.