Security Design Inc. – General Security Systems

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BASIC CONTRACT

General Terms and Conditions for Turret Type Thermal Camera Maintenance Service Contract

Security Design, Inc. (hereinafter referred to as "Company") sets forth hereinafter the General Terms and Conditions of Use for the Camera System Maintenance service applicable to all persons who have contracted for Company's services (hereinafter referred to as "Subscriber"), and the Subscriber agrees to observe the Terms and receive the Company's services.

Article 1 (Application of Terms)

Based on the General Terms and Conditions of Use for the Camera System Maintenance Service (hereinafter referred as the "Terms") set forth hereinafter, the Company provides the services set forth in the Terms.

Article 2 (Modification)

The Company may change the Terms without the Subscriber's consent. The fees and other terms and conditions of the General Terms and Conditions of Use for the Camera System Maintenance Service after modification shall be in accordance with the modified general terms and conditions. The Company shall notify the Subscriber in advance of any changes to the Terms that will be detrimental to the Subscriber two months in advance, and of any other changes to the Terms with a certain advance notice period, by any method the Company deems appropriate (including display on the website, e-mail notification to the Subscriber).

Article 3 (Definition)

The following terms shall have herein the following meanings.

Term: Meaning

  • 1. Telecommunication Equipment: Machinery, apparatus, lines, and other electrical equipment for conducting telecommunications
  • 2. Internet Service: Service provided by the Company
  • 3. Camera System Maintenance Service: Service provided by the Company
  • 4. Subscriber: A person who has contracted with the Camera System Maintenance Service Contract with the Company.
  • 5. Contracted Property: Applicable building or land, such as a parking lot, for which the Camera System Maintenance Service Contract has been signed.
  • 6. Remote Inspection: Inspection of the status of camera equipment installed by the Company using a network.

Article 4 (Camera System Maintenance Service)

  • 1. This Service provides maintenance services for camera equipment installed by the Company (hereinafter referred to as "Equipment") in a residence, office, condominium, building, hotel, or other building, or land such as a parking lot(hereinafter referred to as the "Contracted Property"), constructed, managed, owned, or used by the Subscriber, by means of send-back equipment repair, Remote Inspection by the Company at regular intervals, or on-site dispatch of technicians.
  • 2. The presence or absence of abnormalities or defects in the image data storage status, angle, field of view, or other conditions of the Equipment to be inspected will be investigated to determine whether maintenance or other measures are required.
  • 3. The Company will conduct an inspection at the Subscriber's request according to the plan and report the details of the inspection by e-mail, fax, or in writing to the Subscriber or a party designated by the Subscriber.
  • 4. During the inspection, if the Company determines that the Equipment is abnormal or defective, the Company may restart the Equipment in an attempt to restore it.
  • 5. This Service does not guarantee the data storage condition of camera images. This Service is not intended to recover lost or damaged stored data.

Article 5 (Service Territory)

The Camera System Maintenance Service shall be provided in all areas of Japan. However, there are some areas, such as remote islands, in which the service cannot be provided.

Article 6 (Contract Application)

When the Subscriber applies for the Camera System Maintenance Service Contract, the Subscriber is required to approve the Terms and submit to the Company the Application Form prescribed by the Company containing the necessary information.

Article 7 (Contract Confirmation)

The Subscriber shall confirm and accept all the information on the Application Form before proceeding with the contract procedures with the Company.

Article 8 (Contract Acceptance)

An application for a contract is accepted when all the contract procedures described in the preceding article have been completed and the Company has accepted the application.

Article 9 (Obligation)

  • 1. The Subscriber and the Company are obligated to perform their obligations under the contract in good faith and trust.
  • 2. The Subscriber and the Company shall discuss, in good faith, any necessary matters that are not specified in the contract.

Article 10 (Contract Modification)

If it becomes necessary to change the contents of the contract, such change may be made in writing upon consultation between the Subscriber and the Company.

Article 11 (Change in Subscriber)

The Subscriber shall promptly notify the Company of any change in name, address or residence, or billing address, and shall complete the change procedure in writing as designated by the Company.

Article 12 (Discontinuance and Suspension)

The Company may discontinue or suspend the provision of the Camera System Maintenance Service in any of the following cases where the Company:

  • (1)Conducts periodic or emergency maintenance or construction of facilities;
  • (2)Cannot provide the Service as usual due to a natural disaster, fire, theft, or other emergency; or
  • (3)Deems it necessary to temporarily suspend the service for other reasons.

Article 13 (Termination)

  • 1. If the other party fails to perform its obligations stipulated in the contract, the Subscriber or the Company may recommend that the other party perform such obligations, and when the other party fails to perform such obligations for one month or more, the Subscriber or the Company may terminate the contract.
  • 2. The Subscriber or the Company may terminate the contract with the consent of the other party upon three months' prior written notice in the event of special circumstances even though the contract is still in effect.

Article 14 (Equipment Maintenance)

The Equipment covered by the maintenance shall be camera equipment installed by the Company.

Article 15 (Scope of Maintenance Services)

  • 1. Send-back maintenance service means that the Subscriber sends the faulty equipment to the location designated by the Company and the Company repairs it and sends it to the Subscriber. The sender shall bear the cost of sending each of them.
  • 2. On-site maintenance service means that, in the event of a malfunction of the Equipment, upon the Subscriber's request, the Company will dispatch technical personnel to the location where the Equipment is installed to repair or adjust the Equipment. However, if parts replacement is required as a result of repair or adjustment, the provisions of Article 17 shall apply.
  • 3. For dispatches of technical personnel, the maintenance response time shall be limited to the time period described in Article 19. When it is clear that the maintenance response time will exceed the maintenance service time period, the technical personnel shall be dispatched during the maintenance service time period on the next day or later.
  • 4. The Company may sub-consign maintenance to a third party designated by the Company, and the Company shall assume all liabilities arising from such sub-consignment.

Article 16 (Change of Installation Location)

If the Subscriber intends to change the installation location of the Equipment, the Subscriber shall notify the Company of the new installation location in advance. When the Company deems it necessary to change the terms of the contract due to a change in the installation location, the Company may change or terminate the contract in a memorandum of understanding after separate consultation with the Subscriber.

Article 17 (Replacement of Parts)

  • 1. The Service uses the Company's maintenance parts for replacement parts, accessory parts, or other parts required for the maintenance of the Equipment. The ownership of any defective product or part replaced by repair or replacement shall belong to the Company and shall not be returned.
  • 2. When the Company disposes of the storage media that has been replaced, the Company will erase the data and dispose of it responsibly.

Article 18 (Insurance of the Equipment)

The Subscriber shall not prevent the Company from insuring the Equipment and becoming a beneficiary of the Company's insurance coverage.

Article 19 (Time Zone)

Maintenance services are available and accepted during the following hours:

  • 1. The Company's business days 10:00 - 17:00 (except for year-end and New Year holidays as determined by the Company)

Article 20 (Subscriber's Liability)

The Subscriber shall be responsible and liable for:

  • 1. Allowing the Company's designated technical personnel to enter the location where the Equipment is installed and the premises of the Subscriber's Contracted Property in performing inspection and maintenance of the Equipment;
  • 2. Cooperating in unlocking locked areas when the Company enters the location where the Equipment is installed; and
  • 3. Providing, free of charge, utilities (such as electricity) consumed by telecommunication facilities necessary to use the Camera System Maintenance Service. In providing such service, the Subscriber shall be responsible for contract changes with the electric power company and other contractual acts necessary for supplying electric power, as well as for preparing facilities, and the Company shall not assume any responsibility for supplying electric power.
  • 4. The Company will provide, free of charge, the utilities (such as electricity) necessary for the Company's designated technical personnel to perform maintenance on the Equipment. In providing such service, the Subscriber shall be responsible for contract changes with the electric power company and other contractual acts necessary for supplying electric power, as well as for preparing facilities, and the Company shall not assume any responsibility for supplying electric power.
  • 5. In the event of a planned blackout for the convenience of the Subscriber, the Subscriber shall notify the Company of the schedule and other details approximately one month prior to the blackout.

Article 21 (Termination of Maintenance Service)

Termination of the maintenance service shall be executed upon termination of this Contract as provided in Article 13.

Article 22 (Assignment of Rights and Obligations)

  • 1. If the Subscriber resells the Contracted Property or conducts similar activity, the Subscriber shall transfer all rights and obligations under the terms of the contract to the reseller and shall carry out its service succession obligations.
  • 2. When the Company receives a request for approval of the transfer of rights and obligations from the Subscriber pursuant to the preceding paragraph, the Company shall approve the transfer except in cases where the person who intends to receive the transfer of rights and obligations is actually or potentially negligent in the payment of charges and other obligations, or where there are other obstacles to the performance of the Company's business.
  • 3. When there is an assignment of the Subscriber, the person to whom the rights and obligations are assigned succeeds to all rights and obligations that the Subscriber had under this Contract.

Article 23 (Change in Subscriber's Position)

  • 1. When there is a change in the Subscriber due to inheritance or merger or split of a corporation, the heir, the corporation inheriting after the merger, or the corporation established by the merger or split shall promptly notify the Company in writing as prescribed by the Company, together with documents proving such change.
  • 2. In the case of the preceding paragraph, when there are two or more persons who have succeeded to the position, one of them shall be designated as the representative to the Company and shall notify the Company of such designation. The same shall also apply to any modification thereof. これを届け出るものとします。また、これを変更するときも同様とします。
  • 3. Until the notification of the representative is made pursuant to the preceding paragraph, the Company will treat one of the persons who have succeeded to the position as the representative.

Article 24 (Elimination of Antisocial Forces)

  • 1. The Subscriber (including its own officers in the case of a corporation or other organization) warrants that it has not, is not, and will not fall under the category of antisocial forces (meaning organized crime groups, organized crime group members, persons for whom five (5) years have not passed since they were no more defined as organized crime group members, quasi-organized crime group members, organized crime group-related companies, corporate racketeers, racketeers disguising themselves as social activists, or special intelligent crime groups, or any other person equivalent thereto).
  • 2. If the Subscriber violates the provisions of the preceding paragraph, the Company may take measures such as suspending the Subscriber's use of the Service or deleting the Subscriber's registration without prior notice. The Company shall not be liable for any disadvantage or damage incurred by the Subscriber as a result of such measures.

Article 25 (Damages)

  • 1. If the provision of Camera System Maintenance Service is suspended due to a natural disaster or other force majeure or other reasons beyond the Company's control, the Company shall promptly notify the Subscriber and take necessary measures to provide the Service. The Company shall not be liable for any damages or lost profits incurred by the Subscriber as a result of such suspension.
  • 2. If the provision of the Camera System Maintenance Service is suspended due to reasons attributable to the Subscriber, the Company will take necessary measures for the provision of the Service upon consultation with the Subscriber at the Subscriber's request. In such cases, the cost of the necessary measures shall be borne by the Subscriber.

Article 26 (Settlement)

  • 1. If any question arises between the Subscriber and the Company with respect to the performance of the Camera System Maintenance Service Agreement, both parties shall endeavor to resolve the question in good faith through consultation.
  • 2. If a dispute cannot be resolved through consultation as described in the preceding paragraph and litigation becomes necessary, the district court having jurisdiction over the location of the Company's head office shall be the agreed court of jurisdiction.

Article 27 (Personal Information)

  • 1. The Company shall use legal and fair means in handling personal information and shall not use any personal information of the Subscriber or a third party obtained in connection with the provision of the Camera System Maintenance Service, except in the following cases:
    • (1)When providing personal information to a business partner or subcontractor that has been obligated in writing or by other means to handle personal information appropriately while providing camera system maintenance services as stipulated in Article 3 for the purpose of performing such services;
    • (2)When aggregating and analyzing personal information for the purpose of improving the services of this Service;
    • (3)When disclosing or providing the information obtained through the aggregation, analysis, other means described in the preceding item to a third party in a manner that does not allow individuals to be identified or specified;
    • (4)When providing information on the Company's products and services through direct mail or other means;
    • (5)When disclosing or providing information required for investigation or response to a failure, malfunction, or accident of this Service;
    • (6)When there is an imminent danger to the life, body, or property of a person and there is an urgent need to do so; or
    • (7)When there is justification for use due to an inquiry from a court of law or an investigative agency.
  • 2. For any other matters not specified above, the Parties hereto shall use appropriate and fair means in accordance with the Telecommunications Business Law, and the confidentiality of personal communications shall be protected.

Article 28 (Governing Law)

The execution, effect, interpretation, and performance of this Contract shall be governed by and construed in accordance with the laws of Japan.

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