In addition to the other terms and provisions of this Contract, the following terms of service (which will also be posted on the Global Secure Website) shall apply to Client and the Named Users. Company may from time to time, in its sole discretion, update or amend the terms of services. Company will notify Client of any changes to the terms of service by email and will update the terms of service on the Global Secure Website. At any given date and time, the terms of service as set forth on the Global Secure Website as of such date and time shall be referred to as the "Terms of Service" for the purposes of this Contract.
A Named User can order a GPS Beacon through the Global Secure Website. The Named User is responsible for turning the GPS Beacon on and recharging the GPS Beacon as needed. Monitoring Services cannot be performed if the GPS Beacon is not active and charged.
Company will train each Named User on the operation, care and maintenance of the GPS Beacons prior to such Named User's use of the GPS Beacon. Training shall be provided by Company either in person or via electronic means.
Client shall ensure that GPS Beacons are used only by Named Users. Client expressly agrees not to sublease, rent, sell or otherwise transfer any GPS Beacons to any unauthorized third party or to change the software associated with the GPS Beacons in any manner. Client is responsible for all charges related to non-authorized use of a GPS Beacon.
Client shall be solely responsible for the care and maintenance of the GPS Beacons in accordance with the manufacturer's directions and recommendations. Named Users shall at all times protect and safeguard the GPS Beacons.
Client is responsible for any loss of or damage to any GPS Beacon. Client shall promptly report to Company any and all cases of loss, damage, theft or misuse of any GPS Beacon.
If a GPS Beacon becomes inoperable or is lost by a Named User, the Named User can acquire a replacement unit through the Global Secure Website or by calling Company at designated contact numbers for the applicable Covered Country.
The GPS Beacons shall remain the property of Company while in the possession of Client or a Named User and shall be returned to Company at or prior to the termination of this Contract.
Company does not represent or warrant that the Monitoring Services will be uninterrupted or error free, nor does Company make any warranty as to the results that may be obtained from use of the Monitoring Services. Company does not guarantee minimum monitoring or tracking uptime.
Company may periodically add, change, or improve any of the information, products, services, programs, software and technology used to provide the Monitoring Services without notice.
Monitoring Services and operations shall be executed in the English language only.
Client agrees that all Named User calls to Company's operations center will be recorded and Client specifically consents and waives any and all restrictions and/or rights to the recording of these phone calls to Company's operations center. Furthermore, Client acknowledges and agrees that it will assume responsibility of informing its employees of the terms and conditions set forth in this Contract and that the employees who benefit from the Services will be aware of any and all monitoring and/or recording being performed by Company.
Emergency Response Services
Emergency Response Services will be performed with the expectation the Local Service Provider will arrive as soon as possible, but all responses will be subject to the constraints of the situation.
If the circumstances presented during a response could be construed as involving activity by a Named User in violation of local laws, ordinances or applicable license restrictions, then the Local Service Provider shall have the sole and final determination at the time to not engage in further response activities.
Client's Designated Representatives shall be the point of contact for any notification of the status and condition of a Named User which may be in an emergency status, or be sick or injured. Company's operations center shall keep the Designated Representatives informed of the situation and the status of the Named User including what actions Company and the Local Service Provider are taking to recover the Named User. The Designated Representatives must possess the authority on behalf of Client, to authorize Company to take extra ordinary actions to recover the Named User or execute other actions to protect or act in the best interest of the Named Users requiring assistance.
Client will designate an employee as one of the Named User's hereunder. Only Named Users are entitled to receive Services under this Contract.
Each Named User is required to register with Company via a secure website at www.globalguardian.com (the "Global Secure Website"). During the initial registration, the Named User will be required to review and sign a liability release form (the current version of which is attached as Exhibit G) and to establish a unique user name and password for future access to the website.
Each Named User will be required to provide certain personal information, such as name, address, telephone numbers, social security number, a recent photograph, certain health-related information, and answers to unique security questions to be used to identify the Named User during a Response (collectively referred to as "Personal Security Data").
All Personal Security Data will be housed in a National Institute of Standards and Technology compliant facility to ensure the highest level of protection. No Personal Security Data will be housed within Company's facilities or within Company's operations center, with exception of basic information required to provide the Services. In addition, all transmissions regarding Personal Security Data of a Named User shall be transmitted via secured means.
Each Named User shall be responsible for filing with Company a detailed itinerary before each trip to a Covered Country. Client acknowledges and agrees that failure of a Named User to file a complete itinerary will delay Company's provision of Services and could substantially impact the timing and success of the Services.
Logins to the Global Secure Website may be accessed by authorized Named Users primary email account. Example, firstname.lastname@example.org. Named Users will determine their own user passwords, but passwords will be required to be a minimum of eight (8) characters long and contain at least one letter, one numeric digit and one special character. Company will send out an email password change notification to all Named Users at a minimum of every 120 days.
Client and/or Named Users shall be responsible for any use of Named User's user ID and password, or sharing of passwords that results in a security breach and resulting compromise of personal data or information.
By signing this Contract, Client grants Company authorization to release personal and medical data about the Named User when necessary to provide security, protective, administrative support or medical services to the Named User.
Company may use and disclose personal and medical information about the Named User without his/her prior authorization for the purpose of providing the Services to the Named User.
Named User consents to activation of audio feature of GPS Beacon by Company during a test or in response to an Emergency Alert. ALL COMMUNICATIONS MAY BE MONITORED AND RECORDED BY COMPANY FOR QUALITY ASSURANCE PURPOSES.
The Named User is solely responsible for updating his/her personal information in the Global Secure Website to ensure that it is accurate and complete prior to any travel to a Covered Country.