DEFINITIONS
In these Terms and Conditions, unless the context clearly indicates otherwise, the following words and expressions shall have the meaning ascribed:  

“Agreement” means the Camworx Order Form together with these terms and conditions. (as may be amended, extended or replaced by Camworx from time to time);

“Camworx” shall mean Camworx Ltd, and Irish company registered in Ireland with an address at Mounttown Industrial Estate, Dun Laoghaire, Co. Dublin, Ireland.

“Commencement Date” means the date when the Service or any part of it is first made available to a subscriber or when you first start to use the Service, whichever is the earlier;

“Order Form” means a form completed by the Subscriber containing the details of the service which they require;

“Content” means any and all information, material and other content including but not limited to data, text, ../../images, photographs, software, music video, sound, graphics, applications or database content supplied by you, us or any third party content provider which is contained in or forms part of the Service;

“Equipment” means the cameras, routers and any other equipment that is supplied by Camworx when you subscribe to the Service that enables you to use the Camworx secure hosted video platform and includes any other equipment including all fittings, accessories and modifications thereto from time to time provided as an essential part of providing the Service under this Agreement;

“Minimum Subscription Period” means the twelve (12) months from the Commencement Date;

‘Notice Date” means the date written notice is given to Camworx by the Subscriber requesting termination of the Service;

“Party” or “the Parties” means the Subscriber and Camworx including its assignees;

“Premises” means the location at which the Subscriber receives the Services and where the Equipment is located;

“Service” means the Camworx software platform which provides, but is not limited to connecting to your installed cameras over the internet to view ../../images, view recordings, and to receive alerts from the cameras;

“Subscriber” or “you” or “your” means the party to whom Camworx provides the Service;

“Subscription” means the amount payable by the Subscriber to Camworx for the provision of Service and amounts which are displayed on the Website or which a customer service representative may inform to you;

“Subscription Period” means the entire term of this Agreement, which shall automatically continue after the Minimum Subscription Period until cancelled by either Party upon thirty (30) days’ written notice;

“Working Days” means any day not being a Saturday, Sunday or Irish bank or public holiday.

ORDERING THE EQUIPMENT AND THE SERVICE

This Agreement shall come into force if the Subscriber’s order is accepted by Camworx. Taking payment from your credit or debit card does not indicate acceptance. Acceptance of your order takes place at the point where such offer is expressly accepted by us by commencing Services. You should review the email confirmation we send you carefully to ensure that all details are correct. If you have any queries or wish to correct any of your order details, you should contact Camworxpromptly on receipt of the confirmation email.

If your credit card is debited before the contract is formed, and if your order is ultimately rejected, we will refund any monies debited from your credit card. If Camworx accepts your order, it will provide the Services to you from the date the Service is activated. Your use of the Service shall be deemed to be an acceptance by you of this Agreement.

You warrant that any information provided by you when placing your order is up-to-date, accurate in all material respects and is sufficient for us to fulfil your order; and that you have the legal capacity to enter into a contract.

Any prices, quotations and descriptions made or referred to on the Camworx website are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to our acceptance of your order.

While Camworx will make reasonable efforts to facilitate the efficient processing of your order, your order may be rejected (without liability) if for any reason Camworx is unable to process or fulfil your order.

The Service

In consideration of the Subscription, Camworx supplies the Service and the Equipment to the Subscriber, pursuant to this Agreement. Camworx hereby grants the Subscriber and the Subscriber hereby accepts the right to use the Service in accordance with the terms of this Agreement.

Camworx will use it’s reasonable commercial efforts to ensure that the Service is available for use by the Subscriber. However Camworx does not represent or warrant that the operation of the Service will be uninterrupted, timely, secure or error free or that the Service will meet any of the Subscribers specific requirements. You acknowledge that Camworx cannot be held responsible for accidental non-availability for outages of Services, or for unforeseen interruptions or deterioration of the Service.

The IP Camera service is dependent on the quality of the subscriber’s broadband internet connection and thus the quality of the broadband service cannot be guaranteed by Camworx. Where quality of service issues are identified, Camworx will work with subscribers and their Internet Service provider to assist in locating and finding a solution to the problem.

It may be necessary for Camworx to temporarily suspend the service during repairs or upgrading of the service. Where possible Camworx will give prior notice to subscribers of such suspension of service, and Camworx will restore the service at the earliest possible time.

Subscriber accounts will be activated once payment has been cleared and all relevant customer details have been provided. When the account is set up it is immediately available for use by the subscriber. Hardware will be delivered as per then current delivery times indicated by Camworx.

Camworx will not guarantee that hardware, other than that purchased from Camworx will operate with our service.

Customer support is provided by Camworx through its website www.camworx.com, and by telephone between the hours of 9am and 5pm on working days.

The Equipment

Camworx will use it’s reasonable endeavours to deliver the Equipment to the notified location by the delivery date communicated to you. You should be aware that this delivery date is not guaranteed and Camworx shall not be liable in any way to you for failure to deliver the Equipment in accordance with any delivery schedule. You shall inspect the Equipment immediately upon receipt and inform us in writing within five (5) working days of delivery of any damage or missing items from the delivery.

If you fail to take delivery of the Equipment (or fail to give us appropriate delivery instructions) unless this was out of your reasonable control, then without prejudice to any other rights or remedies available to us, we may store the Equipment until actual delivery and charge you for the reasonable costs, including re-delivery as a result of a failed delivery.

If the Equipment you receive is faulty you must return the faulty Equipment (in its original packaging and with any associated equipment and documentation), to Camworx within fourteen (14) days of receipt of the Equipment and we will (at our discretion), supply you with replacement Equipment.

Your rights of replacement of any Equipment or any part or parts thereof which are found to be defective will (except where agreed otherwise) be negated or rendered void where:

Prior to installing the Equipment, you should read the installation instructions carefully and back up or save any data on your personal computer. A Subscriber will have 3 method of installing the equipment available to them as follows:

• Self Install. The Subscriber installs the equipment using the self install instructions supplied by Camworx.
• Camworx Assisted Install. Camworx technician will connect to the Subscriber’s computer remotely and carry out the necessary installation instructions with the Subscriber in attendance at the Premises to carry out some instructions from the technician.
• Camworx Install. Camworx authorised technician will visit the Subscriber’s premises to install the equipment.

Upgrade to Camworx Premium or Camworx Pro service

The Subscriber may, with the written approval of Camworx, upgrade the Service on the basis that:

Payment of Charges

The Subscriber shall pay the Subscription to Camworx monthly in advance by direct debit through a bank account held in Ireland or by a recurring charge on a credit/debit card. Charges will be applied for, but not limited to, the following :

• Monthly charge per camera, depending of the level of service either Camworx Lite, Camworx Premium or Camworx Pro service
• Monthly recording Charge based on a charge per Gigabyte of space used to store Subscriber’s recordings on Camworx servers in the previous month
• Charge per SMS text message sent by Camworx to the Subscriber, which is payable monthly in arrears and will be charged on actual number of text messages sent by Camworx in the previous month.
• Purchase of Cameras and other hardware.
• Installation charges, if applicable.
• Re-connection fees, if applicable
• Any bank charges associated with collecting the subscription through the banks.

The Subscription may increase or decrease at such times and rates as may be notified to the Subscriber from time to time.

Camworx shall be entitled and is hereby specifically authorised to, at its election, either immediately cancel this Agreement and/or suspend the supply of Services to the Subscriber, upon failure by the Subscriber to pay the Subscription or if the Subscriber is in breach of the terms of this Agreement.

Should the Subscriber have to pay to Camworx any re-connection fee or any ancillary amount, as is not provided for in this Agreement, then such amount shall be paid directly to Camworx over and above the Subscription or any other charges set out in this Agreement.

Should a Subscriber’s payment fail for any reason that is due to the Subscriber, Camworx shall apply an administration charge of €5.00 (inclusive of VAT) on the following invoice for each and every event of failure.

Should it arise that a Subscriber’s Service is suspended or disconnected by Camworx following continued payment failures, or non-payment of the Subscription or ancillary charges, a reconnection charge of €30.00 (inclusive of VAT) shall be levied and must be paid by the Subscriber prior to reconnection to the Service by Camworx.

If the Service is not available to the Subscriber as a result of damage to the equipment, the Subscriber shall nonetheless remain liable for the full Subscription amount during the period where the Service is not available to the Subscriber. It is a matter for the subscriber to replace the equipment where necessary.

Duration, cancellation and termination

If, during the Minimum Subscription Period, Camworx (following seven (7) days notice to the Subscriber) either increases the Subscription by a total of more than ten per cent (10%) or makes significant changes to the Services, the Subscriber may terminate this Agreement by giving at least thirty (30) days notice in writing. In such circumstances, the Subscriber shall not be liable for the remainder of the Charges for the Minimum Subscription Period. If no notice of such intention to terminate is received by Camworx within thirty (30) days of the date of increase in the Subscription or change in the Service, the Subscriber will be deemed to have accepted the increase in the Subscription and/or the changes to the Service.

The Subscriber shall have the right to terminate this Agreement after the Minimum Subscription Period by giving Camworx thirty (30) days advance notice in writing. The Subscriber must pay the Subscription up to the end of that thirty (30) day notice period.

If the Subscriber terminates this Agreement during the Minimum Subscription, the Subscriber shall be liable for the balance of the Subscription for the remainder of the Minimum Subscription Period.

Camworx may at any time, without notice to you, immediately terminate this Agreement, or suspend the Service, recover from the Subscriber payment of all such amounts due at the date of cancellation, retain all monies already paid by the Subscriber and claim as agreed pre-estimated liquidated damages all outstanding amounts which would have been due until expiry of this Agreement and to recover all costs from the Subscriber, including legal costs where;

Camworx shall terminate the Agreement if the period of suspension lasts more than ninety (90) days.

Camworx reserves the right, at its sole discretion, to pursue all of its legal remedies upon breach by the Subscriber of this Agreement, including but not limited suspending provision of the Service and/or terminating your order and all or any other contracts between us and you. Further, you agree that Camworx shall not be liable to you or any third party for any modification, termination or suspension of your access to the Service.

The subscriber’s responsibilities and use of the service

The Subscriber agrees that in using the Service it shall not violate the law or aid another in any unlawful act.

Except for information, products or services clearly identified as being supplied by Camworx, Camworx does not operate or control any information, products or services on the Internet.

Camworx is not responsible for Content or policies available on other sites linked to its site. Use of any links to other web pages, is at the Subscribers own risk.

If Subscribers wish to transact over the Internet, they may be asked by the merchant or Camworx from whom they are making the purchase to supply certain information, including credit card or other payment mechanism information. Unless Camworx is a party to such transaction however, Camworx disclaims any and all liability for any failure or duplication of such a transaction as a result of any cause whatsoever, including disruption of the Service for any cause whatsoever.

The Service is provided on an “as is, as available” basis. Subscribers release Camworx from and Camworx shall have no liability or responsibility for any direct, indirect, incidental, or consequential damages suffered by any Subscriber in connection with their use of or inability to use the Service including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, or due to inadvertent release or disclosure of Content or other information sent by them even if the same is caused by Camworx’s own negligence. Camworx specifically disclaims any responsibility for the accuracy or quality of information obtained through the Service.

Intellectual property rights

All trademarks, logos and taglines identifying Camworx or its affiliates, and all software, graphics, ../../images, content, button icons, service names, business names, domain names, copyright and related rights, database rights and rights in get up (the “Material”) are solely Camworx’s property or that of its operating companies or others.

Camworx’s Material may not be used by the Subscriber for any purpose whatsoever unless the intended use of the Material is approved in advance by Camworx in writing.

Camworx reserves the right to seek all remedies available at law, in equity or under international copyright laws for violation of this Agreement or for breach of any third party’s Intellectual Property Rights.

The Subscriber understands that they may be held liable both under civil and criminal law for infringements of the Intellectual Property Rights of others. Subscribers may be held liable for all actual damages and profits, legal fees, costs, or the court may award statutory damages or fines or imprisonment for breach of a third party’s Intellectual Property Rights.

Disclaimers

This clause limits Camworx’s legal liability to you for your access to and use of the Service. You should read this clause carefully. Nothing in this Agreement is intended to limit any rights you may have as a consumer under common law or other statutory rights which may not be excluded.

The SERVICE IS available to all users “as is” and, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS MADE AVAILABLE without any representations or warranties of any kind, either express or implied.

Camworx makes no representations, warranties or undertakings that the SERVICE, the EQUIPMENT or any other equipment that makes the service available, will be free from defects, including, but not limited to viruses or other harmful elements. to the maximum extent permitted by applicable law, CAMWORX accepts no liability for any infection by computer virus, bug, tampering, unauthorised access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay, or any event or occurrence beyond the control of CAMWORX , which corrupts or effects the administration, security, fairness and the integrity or proper conduct of any aspect of the SERVICE.

All use by you of the SERVICE is at your own risk. You assume complete responsibility for, and for all risk of loss resulting from, your using of, or referring to or relying on the EQUIPMENT or the Service, or any other information obtained from your use of the SERVICe. You agree that, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAMWORX and providers of telecommunications and network services to CAMWORX will not be liable for damages arising out of your use or your inability to use the SERVICE, and you hereby waive any and all claims with respect thereto, whether based on contract, tort or other grounds.

No advice or information, whether oral or written, obtained by you from Camworx shall be deemed to alter this disclaimer of warranty, or to create any warranty.

Indemnity and limitation on liability

The Subscriber hereby indemnifies and holds Camworx harmless from and against any and all liabilities, costs, expenses, losses, injury, damage, fines, penalties and claims of whatsoever nature and howsoever arising from or connected with this Agreement, the use or possession of the Equipment, and /or the use of the Service and whether or not such claims are caused by any act or omission of the Subscriber or any third party.

Liability is neither restricted nor excluded for death or personal injury resulting from any negligent act or omission by Camworx or the negligent acts or omissions of Camworx representatives or contractors while acting on its behalf.

To the fullest extent permitted by applicable law, neither Camworx nor any of its directors, employees, servants, agents, affiliates or other representatives and/or their respective parent and subsidiary companies will be liable under or in connection with this Agreement for loss or damages arising out of or in connection with the use of, or inability to use, the Equipment and/or the Service including, but not limited to, direct, indirect or consequential loss or damages, lost or destroyed data, loss of income, loss of profits, loss of business or revenue, loss of contracts or anticipated savings, wasted expense, financial loss, loss of or damage to property and claims of third parties even if Camworx has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable.

Camworx shall not be liable for failure to comply with undertakings under this Agreement if hindered from doing so by something outside its reasonable control. Matters outside its reasonable control will include but not be limited to lightning, flood or severe weather conditions, fire or explosion, civil disorder, terrorist activity, war, actions of local or national government or industrial disputes, performance of leased or rented telecommunications services or network or other operators, and Internet network, outside of Camworx’s Equipment, is beyond its reasonable control.

Assignment and delegation

The Subscriber shall not assign or transfer any of their rights or obligations under this Agreement without the prior written consent of Camworx. Camworx shall be entitled to assign, novate, transfer, mortgage or novate all or part of its rights and obligations under this Agreement to any third party at its absolute discretion, including for the avoidance of doubt it’s rights of ownership in the Equipment.

Jurisdiction
This Agreement shall be governed by and construed in accordance with Irish law and the parties hereby submit to the exclusive jurisdiction of the Irish Courts.

Personal Data
Camworx respects and protects its Subscribers right to privacy in accordance with the Data Protection Acts 1988 and 2003. Any personal data obtained by Camworx through an application for the Service may be used by Camworx for the purposes of performing its obligations under this Agreement and for risk assessment, market research, marketing, debt recovery and credit checking purposes, accurate billing and administration of the Service. The Subscriber shall be deemed to have given consent for the use of their information for such purposes

General terms

None of the provisions of this Agreement shall be interpreted as to deprive you of any rights you may have as a consumer under mandatory Irish law.

Each of the Parties chooses, for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from this Agreement, their respective addresses as set forth on the Customer Order Form.

Any prices, quotations and descriptions made or referred to on the Camworx website are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to our express acceptance of your order.

This Agreement contains the entire agreement between the Parties and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein. No alteration, cancellation, variation of, or addition hereto shall be of any force or effect unless reduced to writing and signed by all Parties to this Agreement or their duly authorised representatives.

Each party shall bear their own costs related to the preparation or completion of this Agreement.

No indulgence, leniency or extension of time which Camworx may grant or show to the Subscriber, shall in any way prejudice Camworx or preclude Camworx from exercising any of its rights in the future.

In this Agreement the singular shall include the plural and visa versa, one gender shall include the other genders, lower case letters shall refer to capital letters and visa versa and headings used in this Agreement are for reference purposes only and shall not be taken into account in construing the contents of this Agreement.

If any provision of this Agreement is prohibited by law or found to be unlawful, void or otherwise unenforceable, such provision shall, to the extent required by applicable law, be severed from this Agreement. The remaining provisions of this Agreement shall not as far as possible be changed or modified and all other terms and conditions not so severed shall continue in full force and effect.

Camworx reserves the right to revise the terms of this Agreement at anytime. Camworx shall indicate on its website the date of the last revision of the terms of this Agreement. Such changes will take immediate effect when they are posted on this website, or upon such date as may be reasonably notified.

Camworx recommends that the Subscriber prints off a copy of these terms and conditions and privacy statement for your own records. The parties agree that the fact that this Agreement may be stored or exchanged in electronic form shall not affect its validity.

The Subscriber acknowledges that he/she has read, understood and agrees to be bound by the terms of this Agreement. The Subscriber further acknowledges that this Agreement was fully completed and the particulars set forth therein are true and correct.