{"id":39394,"date":"2024-05-16T12:01:02","date_gmt":"2024-05-16T12:01:02","guid":{"rendered":"https:\/\/detertech.com\/site-security-terms-and-conditions\/"},"modified":"2026-01-09T11:52:27","modified_gmt":"2026-01-09T11:52:27","slug":"site-security-terms-and-conditions","status":"publish","type":"page","link":"https:\/\/detertech.com\/en-ie\/site-security-terms-and-conditions\/","title":{"rendered":"Site Security Terms and Conditions"},"content":{"rendered":"\t\t<div data-elementor-type=\"wp-page\" data-elementor-id=\"39394\" class=\"elementor elementor-39394 elementor-14086\" data-elementor-post-type=\"page\">\n\t\t\t\t<div class=\"elementor-element elementor-element-60abe0c e-flex e-con-boxed e-con e-parent\" data-id=\"60abe0c\" data-element_type=\"container\" data-e-type=\"container\" data-settings=\"{&quot;background_background&quot;:&quot;classic&quot;}\">\n\t\t\t\t\t<div class=\"e-con-inner\">\n\t\t\t\t<div class=\"elementor-element elementor-element-5fe1cb82 elementor-widget elementor-widget-heading\" data-id=\"5fe1cb82\" data-element_type=\"widget\" data-e-type=\"widget\" data-widget_type=\"heading.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t<h1 class=\"elementor-heading-title elementor-size-default\">Site Security Terms and Conditions<span style=\"color: #E3E829\">.<\/span><\/h1>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t<div class=\"elementor-element elementor-element-81d7056 v-padding e-flex e-con-boxed e-con e-parent\" data-id=\"81d7056\" data-element_type=\"container\" data-e-type=\"container\" data-settings=\"{&quot;background_background&quot;:&quot;classic&quot;}\">\n\t\t\t\t\t<div class=\"e-con-inner\">\n\t\t\t\t<div class=\"elementor-element elementor-element-f89b7cc elementor-widget elementor-widget-text-editor\" data-id=\"f89b7cc\" data-element_type=\"widget\" data-e-type=\"widget\" data-widget_type=\"text-editor.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t\t\t\t\t<p>INTRODUCTION<\/p><p>1\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Sections. In these Terms the Sections apply as follows:<\/p><p>\u2013\u00a0 Section A: where Customer hires Equipment (and receives Equipment Services) and\/or receives a Subscription Service.<\/p><p>\u2013\u00a0 Section B: where Customer orders Products (including Licensed Materials) related to forensic marking.<\/p><p>\u2013\u00a0 Section C: in all cases (as relevant to the equipment, services, or products provided by DeterTech).<\/p><p>2\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Ordering Process. The parties shall complete an order for the provision of a DeterTech Solution as follows (each an \u201cOrder\u201d): (a) the parties sign a DeterTech order form; (b) Customer signs a DeterTech quotation; or (c) where the parties have not signed a document referred to in clause 2(a) or (b), by DeterTech accepting Customer\u2019s Purchase Order. \u00a0The Order may contain, without limit, details of the DeterTech Solution, Charges, and\/or Site Information. Each binding Order shall form a separate Contract between the parties, incorporating these Terms to the exclusion of all other terms.\u00a0 Customer may place any number of Purchase Orders under the Contract and, except for in the case of clause 2(c) above, a Purchase Order is for Customer\u2019s internal purposes only. Additional legal terms or terms of business included by Customer with an Order or Purchase Order shall not apply unless explicitly agree in writing by DeterTech.<\/p><p>3\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Authority. If you are an individual accepting these Terms on behalf of Customer, you represent that:<\/p><ul><li>you have the legal authority to enter this Contract on Customer\u2019s behalf;<\/li><li>you have read and understand the terms of the Contract; and<\/li><li>you agree, on behalf of Customer, to the terms of the Contract.<\/li><\/ul><p>SECTION A \u2013 EQUIPMENT HIRE AND PROVISION OF SERVICES<\/p><p>4\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Equipment Hire<\/p><ul><li>DeterTech shall hire the Equipment and provide the Equipment Services to Customer for use at the Sites subject to the terms and conditions of the Contract.<\/li><li>DeterTech will ensure that the Equipment will:<ul><li>correspond with its description;<\/li><li>be in good working order;<\/li><li>be free from defects in design, material and workmanship and remain so for the\u00a0 Hire Period;<\/li><li>comply with all applicable statutory and regulatory requirements; and<\/li><li>be clean, configured, and tested by<\/li><\/ul><\/li><\/ul><p>5\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Equipment Services<\/p><ul><li>DeterTech shall:<ul><li>provide the Equipment Services to Customer in accordance with the Order and in a timely manner;<\/li><li>perform the Equipment Services in accordance with good industry practice used in DeterTech\u2019s industry, profession, or trade;<\/li><li>reasonably co-operate with Customer in all matters relating to the Equipment Services; and<\/li><li>ensure that all personnel involved in the provision of the Equipment Services have suitable skills and experience to enable them to perform the tasks assigned to them, and that such personnel are in sufficient number to enable DeterTech to fulfil its obligations under the Order.<\/li><\/ul><\/li><li>DeterTech may modify an Equipment Service from time to time but will not change its fundamental nature, except where required for reasons outside of its control. DeterTech will use reasonable efforts to notify Customer of significant changes to an Equipment Service.\u00a0\u00a0<\/li><\/ul><p>6\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Subscription Service<\/p><ul><li>The Subscription Service includes the provision of a data management portal (Crime Intelligence) by DeterTech.<\/li><li>Customer may use a Subscription Service only for its own internal business purposes during the Subscription Term. DeterTech delivers a Subscription Service by providing Customer with online access to it. When Customer accesses the Subscription Service, Customer is accepting such service for use in accordance with the Contract. \u00a0<\/li><li>DeterTech warrants that the Subscription Service will conform to any DeterTech documentation (including online user guides) that accompany the Subscription Service, subject to Customer using the Subscription Service in accordance with such documentation. This limited warranty starts upon access as described in clause 2 and shall continue for the period of use of the Subscription Service described in the Order. Customer\u2019s only remedy in the event DeterTech breaches this limited warranty shall be the repair or replacement of the Subscription Service at no charge. This limited warranty does not cover problems caused by Customer, that arise when Customer fails to follow instructions, or that are caused by events beyond the reasonable control of DeterTech.<\/li><li>DeterTech will include the cost of its standard software, hosting, support, and updates to the Subscription Service (such as bug fixes, service packs or patches, or maintenance releases) within the Charges (if applicable) for the applicable Subscription Service. DeterTech reserves the right to charge for upgrades to the Subscription Service (such as any release or version of a Subscription Service which includes new features or additional functionality), and such additional Charges will be detailed in a separate Order and\/or Purchase Order.<\/li><li>DeterTech may, upon notice, suspend all or part of a Subscription Service and Client\u2019s rights in relation to that Subscription Service if:<ul><li>DeterTech has the right to terminate the Subscription Service in accordance with its termination rights in clause 2;<\/li><li>DeterTech is required to do so by law or regulation or at the request of any relevant regulatory authority; or<\/li><li>in order to protect DeterTech\u2019s systems and security. Any such suspension may continue until DeterTech is reasonably satisfied that the condition is remedied.<\/li><\/ul><\/li><li>DeterTech may modify a Subscription Service from time to time but will not change its fundamental nature, except where required for reasons outside of its control. DeterTech will use reasonable efforts to notify Customer of significant changes to a Subscription Service.\u00a0<\/li><li>Unless expressly provided, each Subscription Service is delivered \u201cas is\u201d without warranty of any kind. DeterTech does not warrant or represent that the Subscription Service will be delivered free of any inaccuracies, interruptions, delays, omissions, or errors (\u201cFaults\u201d) or that the Subscription Service will meet Customer\u2019s requirements or be compatible with Customer or third party services. DeterTech shall not be liable for any Loss resulting from any such Faults.<\/li><li>Customer agrees to:<ul><li>ensure that only users approved by Customer use the Services and that such users comply with the applicable terms of the Contract;<\/li><li>refrain from copying, modifying, reverse engineering, decompiling, disassembling, creating derivative works, or otherwise attempting to identify, discover, or obtain any source code, underlying algorithms, or technical information of the Subscription Service, except to the extent expressly permitted by law or this Agreement; not observe the functionality of the Subscription Service to develop a product or service that is substantially similar to the Subscription Service;<\/li><li>not use Subscription Service in breach of Applicable Law;<\/li><li>(f) refrain from accessing, uploading, storing, or transmitting any viruses, malicious code, spam, or material that is unlawful, abusive, obscene, harmful, or otherwise inappropriate; and<\/li><li>not to use the Subscription Services to build, train, or configure any artificial intelligence model.<\/li><\/ul><\/li><\/ul><p>7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Hire Period and Early Termination Fee<\/p><ul><li>Customer\u2019s hire of the Equipment (and receipt of the Equipment Services) shall commence on the Delivery Date and, unless the Contract is terminated in accordance with these Terms, shall continue until the Customer terminates the hire of the Equipment in accordance with clause 2 (together the \u201cHire Period\u201d).<\/li><li>The Customer may terminate the hire of the Equipment by giving DeterTech not less than 7 calendar days\u2019 notice in email only to\u00a0<a href=\"mailto:offhire@detertech.com\">offhire@detertech.com<\/a>. \u00a0\u00a0<\/li><li>If the Minimum Hire Period is 40 weeks or more and Customer terminates the hire of the Equipment before the end of the Minimum Hire Period, Customer agrees to pay DeterTech a sum equal to 50% of the Equipment Hire Fee due under the Contract for the remainder of the Minimum Hire Period from the date of termination (\u201cEarly Termination Fee\u201d). The parties acknowledge and agree that the Early Termination Fee:<ul><li>represents a genuine pre-estimate of the loss that DeterTech would suffer as a result of early termination; and<\/li><li>is reasonable and proportionate to DeterTech\u2019s legitimate interest in Customer\u2019s performance of its obligations for the full Minimum Hire Period.<\/li><\/ul><\/li><li>Payment of the Early Termination Fee shall be without prejudice to any other rights DeterTech may have in respect of a breach of the Contract by Customer.<\/li><\/ul><p>8\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Delivery and Collection<\/p><ul><li>DeterTech shall use all reasonable endeavours to effect Delivery of the Equipment by the Delivery Any dates quoted for delivery are approximate only and DeterTech shall not be liable for delay in delivery however caused. Time for delivery shall not be of the essence.<\/li><li>Collection shall be made by DeterTech after the end of the Hire<\/li><li>Customer shall procure that a duly authorised representative of Customer shall be present at the Delivery of the If required by DeterTech, Customer\u2019s duly authorised representative shall sign a receipt confirming the condition of the Equipment at Delivery.\u00a0 Customer hereby gives DeterTech permission to access the Site to remove Equipment at the end of the Hire Period (howsoever arising), whether or not an authorised representative of the Customer is present.<\/li><li>To facilitate Delivery, Customer shall provide all requisite materials, facilities, access and suitable ground and working conditions at the Site to enable Delivery to be carried out safely and<\/li><li>If Delivery cannot be facilitated due to Customer\u2019s failure to comply with clause 4 and\/or if Customer fails to accept Delivery of the Equipment on the Delivery Date, then, except where such failure is caused by DeterTech\u2019s failure to comply with its obligations under the Contract:<ul><li>the Equipment shall be deemed to have been delivered at 00 am on the Delivery Date;<\/li><li>DeterTech shall store the Equipment until actual Delivery takes place; and<\/li><li>the Hire Period shall be deemed to have commenced and Customer shall be charged accordingly for the Charges.<\/li><\/ul><\/li><li>Risk shall transfer in accordance with clause 9.<\/li><\/ul><p>9\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Title, Risk, Loss and Damaged or Stolen Equipment<\/p><ul><li>The Equipment shall at all times remain the property of DeterTech or a DeterTech Affiliate, and Customer shall have no right, title or interest in or to the Equipment (save the right to possession and use of the Equipment in accordance with the Contract).<\/li><li>Subject to clause 4, the risk of loss, damage, theft, or destruction of the Equipment shall pass to Customer on Delivery. The Equipment shall remain at the sole risk of Customer during the Hire Period and any further term during which the Equipment is in the possession, custody, or control of Customer until such time as Collection takes place.<\/li><li>Customer shall give prompt written notice (no longer than 72 hours) to DeterTech in the event of any loss, damage, theft or destruction of the Equipment.<\/li><li>Customer shall not be liable under clause 2<ul><li>for fair wear and tear of the Equipment; or<\/li><li>for any inherent fault in the Equipment.<\/li><\/ul><\/li><\/ul><p>10\u00a0\u00a0\u00a0\u00a0\u00a0 Customer\u2019s Obligations<\/p><ul><li>Customer warrants that:<ul><li>all Site Information provided to DeterTech and contained within the Order, either before or after Delivery is accurate and complete; and<\/li><li>it will, where possible, take all reasonable precautions to minimise the risk of loss at the Site, including by ensuring that the Site perimeter, gates, doors, and windows are locked and secured as appropriate to the working hours of the Site.<\/li><\/ul><\/li><li>Customer shall during the term of the Contract:<ul><li>Provide DeterTech with updates to Site Information;<\/li><li>reasonably cooperate with DeterTech to ensure that any necessary maintenance or remedial works are carried out at the Site to ensure correct functioning of Equipment;<\/li><li>ensure that the Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions provided by DeterTech;<\/li><li>make no alteration to the Equipment and shall not remove any existing component (or components) from the Equipment without the prior written consent of DeterTech. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in DeterTech immediately on installation;<\/li><li>always keep the Equipment at the Site and shall not move or attempt to move any part of the Equipment unless Customer has notified DeterTech in advance. If the Equipment is moved without notice to DeterTech, DeterTech shall have no liability whatsoever to the Customer in respect of such Equipment until it has been reconfigured by DeterTech;<\/li><li>subject to DeterTech providing Customer with reasonable notice, permit DeterTech or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter on the Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection provided always that DeterTech or its duly authorities representative shall use all reasonable endeavours to avoid disrupting the business of Customer;<\/li><li>not, without the prior written consent of DeterTech, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it;<\/li><li>not, without the prior written consent of DeterTech, attach the Equipment to any land or building to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building, then the Equipment must be capable of being removed without material injury \u00a0to such land or building and Customer shall repair and make good any \u00a0damage caused by the affixation or removal of the Equipment from any land or building;<\/li><li>not do or permit to be done any act or thing which will or may jeopardise the right, title or interest of DeterTech in the Equipment and, where the Equipment has become affixed to any land or building, Customer must take all necessary steps to ensure that DeterTech may enter such land or building and recover the Equipment both during the term of the Contract and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of DeterTech of any rights such person may have or acquire in the Equipment and a right for DeterTech to enter onto such land or building to remove the Equipment;<\/li><li>not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, Customer shall notify DeterTech and Customer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment;<\/li><li>not use the Equipment for any unlawful purpose;<\/li><li>ensure that at all times the Equipment remains identifiable as being DeterTech\u2019s property;<\/li><li>provide not less than seven days\u2019 notice if the Equipment is to be decommissioned; and<\/li><li>deliver up the Equipment for Collection immediately at the end of the Hire Period or on earlier termination of the Contract and allow DeterTech or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment.<\/li><\/ul><\/li><li>Customer will not: (a) copy or modify any part of the Services; (b) use or provide the Services in a white-labelled\/re-branded basis, or otherwise, for the benefit of any third party (other than third parties to the extent they are expressly permitted under the Contract to receive access to the Services); or (c) merge, decompile, disassemble, or reverse-engineer any part of the software related to the Services (except as expressly permitted by law or regulation to achieve interoperability with other technology where such rights cannot be modified by agreement).<\/li><li>Any information, materials or other rights provided with a Service are non-transferable and non-sublicensable by Customer unless expressly agreed by DeterTech.<\/li><li>DeterTech shall have no responsibility for or liability to Customer where such liability would not have arisen but for Customer\u2019s failure to meet one or more of its obligations under clause 1.<\/li><\/ul><p>SECTION B- FORENSIC MARKING TERMS<\/p><p>11\u00a0\u00a0\u00a0\u00a0\u00a0 Grant of Operating Licence and Customer Restrictions<\/p><ul><li>In consideration of and conditional upon Customer paying the Operating Licence Fee on the due date, DeterTech:<ul><li>hereby grants the Operating Licence to Customer with effect from the Delivery Date; and<\/li><li>will register any applicable Forensic Marking Products within DeterTech\u2019s database.<\/li><\/ul><\/li><li>Customer shall not use the Products and Trade Marks for any purpose other than as expressly permitted by the Contract and shall not:<ul><li>use in relation to the Products any trade marks, slogan, or logo other than the Trade Marks;<\/li><li>use any documents or other materials containing the Trade Marks other than the Licensed Materials;<\/li><li>copy, modify or adapt the Trade Marks, Products, or any rights (including Intellectual Property Rights) belonging to DeterTech or a DeterTech Affiliate or prepare any derivative works;<\/li><li>do or omit to do anything which would tend to or might diminish or be detrimental to the rights of DeterTech in the Trade Marks or make them become generic or prejudice their distinctiveness or validity or the goodwill of DeterTech therein or bring the Trade Marks or DeterTech into disrepute;<\/li><li>adopt or use any trade mark, symbol, device, corporate or business trading name or slogan which is confusingly similar to the Trade Marks;<\/li><li>register or seek to have registered any trade mark or slogan which is confusingly similar to or the same as the Trade Marks; or<\/li><li>establish or use any analytical process in relation to the Products other than any analytical process which may be supplied by DeterTech or approved by DeterTech in writing.<\/li><\/ul><\/li><\/ul><p>12\u00a0\u00a0\u00a0\u00a0\u00a0 Products<\/p><ul><li>DeterTech shall arrange delivery of the Products to the Site(s). Any dates quoted for delivery are approximate only and DeterTech shall not be liable for delay in delivery however caused. Time for delivery shall not be of the essence.<\/li><li>All Licensed Materials supplied to Customer are on a licensed basis only and title to and ownership of all such Licensed Materials and all Intellectual Property in such Licensed Materials shall not pass to Customer and shall remain with DeterTech at all times. Risk of loss of, or damage to, any of the Products shall pass to Customer on Delivery.<\/li><li>Save where expressly agreed otherwise in writing, Customer shall be solely responsible for procuring the installation, operation, maintenance and replacement of the Products in accordance with any reasonable instructions and guidance which DeterTech may give from time to time.<\/li><li>Customer shall provide information for verification and evidential purposes in such format as DeterTech may reasonably require from time to time in connection with the Products and the Site at which each Product is installed or applied.<\/li><li>DeterTech reserves the right to make any changes to the Products which improve the performance of the Products, are required to conform with any applicable statutory requirements or do not significantly affect their quality or performance.<\/li><li>Subject to the terms of the Contract and fulfilment of Customer\u2019s duties set out herein, DeterTech warrants:<ul><li>that the Forensic Marking Products will correspond with their specification on the Delivery Date;<\/li><li>that a Forensic Marking Product will be detectable for a period of 5 (five) years from application; and<\/li><li>that the Forensic Marking Products will conform to the British Standards Institution PAS 820:2012 Grade A External classification.<\/li><\/ul><\/li><\/ul><p>The warranties in this clause 12.6 are subject to the Forensic Marking Product being stored, applied and used in accordance with the manufacturer\u2019s application guidelines and before its use-by-date.<\/p><ul><li>DeterTech may, on written request by Customer or law enforcement agencies, provide certain available forensic analysis in respect of any Forensic Marking Product registered in DeterTech\u2019s database, subject to DeterTech\u2019s applicable fees for such analysis.\u00a0<\/li><\/ul><p>13\u00a0\u00a0\u00a0\u00a0\u00a0 Licence Period<\/p><p>Customer\u2019s Operating Licence shall commence on the Delivery Date and, unless the Contract is otherwise terminated, shall continue for the Operating Licence Period.<\/p><p>SECTION C \u2013 GENERAL TERMS<\/p><ul><li>Trials and Testing. All trials or testing of a DeterTech Solution are subject to these Terms, unless otherwise notified by DeterTech.\u00a0\u00a0 Access to the Services for trials or testing may be used for evaluation purposes only.<\/li><\/ul><p>15\u00a0\u00a0\u00a0\u00a0\u00a0 Charges<\/p><ul><li>Customer will pay the Charges as stated in the Order.<\/li><li>The Equipment Hire Fee, the Operating Licence Fee, and the Subscription Service Fee will be charged for the applicable period in which the relevant DeterTech Solution is provided. The Charges may be calculated on a full calendar week, month, or year basis (as detailed in the Order).<\/li><li>Subject to clause 3, DeterTech will invoice Customer monthly for the Charges.<\/li><\/ul><p>16\u00a0\u00a0\u00a0\u00a0\u00a0 Payment Terms<\/p><ul><li>Other than as set out in the Contract, all payment obligations are non-cancellable, and Charges are non-refundable once invoiced. The Charges will be paid by Customer in full without set-off, deduction or withholding, with such payment to be made by BACS or other electronic transfer.<\/li><li>The Charges are exclusive of VAT and any other applicable taxes and duties or similar charges.<\/li><li>Whilst DeterTech will ordinarily invoice for the Charges monthly in arrears with payment due 30 (thirty) days from date of invoice, the Charges may be required (at DeterTech\u2019s sole option) to be paid by Customer prior to Delivery, and monthly in advance<\/li><li>If Customer fails to make a payment due to DeterTech under the Contract by the due date, then, without limiting DeterTech\u2019s remedies under clause 21, Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 4% a year above the Bank of England\u2019s base rate from time to time.\u00a0<\/li><\/ul><p>17\u00a0\u00a0\u00a0\u00a0\u00a0 Intellectual Property Rights<\/p><ul><li>Customer acknowledges that all Intellectual Property Rights which exist in the DeterTech Solutions or the Trade Marks (\u201cDeterTech IPRs\u201d):<ul><li>belong to or are licensed to DeterTech or to a DeterTech Affiliate; or<\/li><li>are reserved to DeterTech unless specifically granted in the Contract.<\/li><\/ul><\/li><li>Other than as expressly provided in the Contract, Customer shall have no rights in respect of the DeterTech IPRs or the associated goodwill, and Customer hereby acknowledges that it shall not acquire or claim any rights in respect of the DeterTech IPRs\u00a0 and that all such rights and goodwill are, and shall remain, vested solely in \u00a0DeterTech or a DeterTech Affiliate.<\/li><li>If, notwithstanding clause 1, any such rights and goodwill vest in Customer or any of Customer\u2019s subcontractors or suppliers by automatic operation of law, Customer hereby assigns, or shall upon DeterTech\u2019s request procure an assignment in respect of, all such rights and goodwill which exists now or may arise in the future to DeterTech by way of present and future assignment.<\/li><li>For the avoidance of doubt the Trade Marks may not be used without the prior written consent of DeterTech or a DeterTech Affiliate. Customer shall not sell or otherwise dispose of to any third party any of its goods, property or other materials that bear the Trade Marks, or otherwise pass possession and control of such goods, property or other materials to any third party.<\/li><li>Customer will not remove or conceal any Trade Marks or any proprietary rights notice in or on the DeterTech Solution and will include such notices on any copy it is permitted to make.<\/li><li>DeterTech acknowledges that, as between the parties, all Intellectual Property Rights in the Customer Data belong to or are licensed to Customer.\u00a0 DeterTech may access, collect and use information related to Customer\u2019s use of a DeterTech Solution for customer and technical support, for regulatory and third party compliance purposes, to protect and enforce its rights and monitor compliance with the terms of the Contract, to recommend additional products or services, and (so long as such information is not identifiable to the Customer or any individual) to test, develop, improve and enhance its products and services. \u00a0If Customer provides DeterTech with any feedback on DeterTech\u2019s products and services, Customer grants DeterTech and DeterTech\u2019s Affiliates the right to use it to develop their services and products and to create and own derivative works based on such feedback.\u00a0<\/li><\/ul><p>18\u00a0\u00a0\u00a0\u00a0\u00a0 Data<\/p><ul><li>Customer grants DeterTech permission to:<ul><li>use, store and process Customer Data; and<\/li><li>transmit Customer Data to third-party applications and services configured to integrate with the applicable DeterTech Solution, in each case only to the extent required for the provision of the applicable DeterTech Solution and always in accordance with Applicable Law and the Contract.<\/li><\/ul><\/li><\/ul><ul><li>DeterTech may delete or destroy Customer Data without liability if required under Applicable Law and in such instances DeterTech will provide written notice to Customer. If Customer Data is lost or damaged, DeterTech will, as Customer\u2019s sole remedy, use all reasonable endeavours to assist Customer in restoring Customer Data from the last available back up copy.<\/li><li>Customer shall ensure (and is exclusively responsible for) the accuracy, quality, integrity, and legality of the Customer Data. Customer warrants and represents that that it has made all disclosures and has all necessary appropriate rights, consents, and permissions necessary to lawfully transfer Customer Data to DeterTech for the duration and purposes of the Contract, all without violating or infringing Applicable Law, third-party rights (including Intellectual Property Rights, publicity or privacy rights) or any terms or privacy policies that apply to such data.\u00a0<\/li><li>DeterTech shall maintain appropriate administrative, physical, technical, and organizational safeguards to protect the security, confidentiality, and integrity of Customer Data, as further outlined in the Data Processing Addendum.<\/li><li>Customer grants DeterTech the right to, at all times acting in accordance with the Contract and Applicable Law, to anonymise and aggregate Customer Data (and related usage data) with similar information from other customers ensuring that Customer and no individual can be identified directly or indirectly, to improve or develop a DeterTech Solution or to offer new services, tools, or insights that align with the purpose of the relevant solution or for the benefit of Customer and its industry.<\/li><\/ul><p>19\u00a0\u00a0\u00a0\u00a0\u00a0 Limitation of liability<\/p><ul><li>The restrictions on liability in this clause 19 apply to all liability, including liability in contract, tort, misrepresentation, restitution or otherwise.<\/li><li>Nothing in the Contract limits any liability which cannot legally be limited including liability for:<ul><li>death or personal injury caused by negligence; or<\/li><li>a party\u2019s fraud, fraudulent misrepresentation, wilful misconduct, or conduct that demonstrates a reckless disregard for the rights of others.<\/li><\/ul><\/li><li>Subject to clause 2, and save in respect of the indemnity in clause 20.1, DeterTech\u2019s total liability to Customer:<ul><li>For physical damage to property caused by negligence, will not exceed \u00a31,500,000 (GBP one million five hundred thousand); and<\/li><li>for all other Loss arising under or in connection with the Contract (or otherwise related to a DeterTech Solution) shall not exceed 100% of the Charges paid or payable under the relevant Order in the 12 month period prior to the event giving rise to the claim for Loss.<\/li><\/ul><\/li><li>Subject to clause 2, under no circumstances will either party be liable under the Contract (or otherwise) for any:<ul><li>loss of profits;<\/li><li>loss of sales or business of;<\/li><li>loss of agreements or contracts;<\/li><li>loss of anticipated savings;<\/li><li>loss of use or corruption of software, data or information;<\/li><li>loss of or damage to goodwill; or<\/li><li>indirect or consequential loss.<\/li><\/ul><\/li><li>Customer acknowledges that none of the DeterTech Solutions provided by DeterTech guarantee the prevention of losses that may be suffered by Customer as a result of theft, intruders, vandalism, wilful damage, fire, breaches in security of any nature whatsoever, or extreme or severe weather conditions.<\/li><li>Customer assumes sole responsibility and entire risk as to the suitability and results obtained from a DeterTech Solution, and any decisions made, or actions taken based on the information contained in or generated by use of any such solution.<\/li><li>If Customer personnel (or the personnel of a Customer subcontractor) set the Equipment arm and disarm times (whether through the use of software provided by DeterTech or otherwise), Customer shall be entirely responsible for any Loss suffered or incurred by Customer caused by Customer\u2019s setting of (or failure to set) such arm or disarm times.<\/li><li>Save for forensic analysis conducted at the request of law enforcement, DeterTech shall have no liability for or be responsible for:<ul><li>costs associated with the tracing and identification of stolen property or of persons who have or may have been marked by any Forensic Marking Product; or<\/li><li>without prejudice to clause 6, the inability or failure for whatever reason for such tracing and identification to successfully take place. For the avoidance of doubt, DeterTech will have no obligation itself to undertake any tracing or identification of property or persons marked by Forensic Marking Product.<\/li><\/ul><\/li><li>Subject to 2, all warranties, conditions and other terms implied by statute or common law including, without limitation, warranties or other terms as to suitability, merchantability, satisfactory quality and fitness for a particular purpose, are excluded to the maximum extent permitted by Applicable Law.<\/li><\/ul><p>20\u00a0\u00a0\u00a0\u00a0\u00a0 Indemnities<\/p><ul><li>DeterTech shall indemnify and hold harmless Customer against all Loss suffered or incurred by Customer arising out of any claim by a third party that any of the DeterTech IPRs infringes the Intellectual Property Rights of a third party in the locations where Customer is permitted by DeterTech to use the relevant DeterTech Solution, except if the Loss result from:<ul><li>the combination of all or part of the DeterTech Solution with Customer Data or with other products or technology not supplied by DeterTech where the infringement would not have taken place but for such combination;<\/li><li>modification of all or part of the DeterTech Solution other than by DeterTech or its subcontractors; or<\/li><li>Customer\u2019s breach of the Contract.<\/li><\/ul><\/li><li>Customer will indemnify DeterTech and its Affiliates against Loss suffered or incurred by DeterTech arising out of:<ul><li>loss, damage, theft or destruction of the Equipment under clause 2;<\/li><li>the affixation or removal of Equipment under Clause 2(h);<\/li><li>the confiscation of Equipment under clause 2(j);<\/li><li>any third party claim that its use of Customer Data infringes the Intellectual Property Rights of a third party;<\/li><li>Customer\u2019s, its Affiliates\u2019 or their sub-contractors\u2019 use of a DeterTech Solution in breach of the Contract; or<\/li><li>DeterTech\u2019s compliance with any instruction given by Customer to DeterTech during the provision of a DeterTech Solution.<\/li><\/ul><\/li><li>In the event of a potential indemnity obligation under the Contract, the indemnified party shall:<ul><li>promptly (and in any event within 5 (five) Business Days) notify the indemnifying party in writing of any actual or threatened claim;<\/li><li>make no comment or admission and takes no action that may adversely affect the indemnifying party\u2019s ability to defend or settle the claim;<\/li><li>provide all assistance reasonably required by the indemnifying party; and<\/li><li>give the indemnifying party sole authority to control, defend, or settle the claim. Any indemnification obligation under the Contract will not apply if the indemnified party settles or makes any admission with respect to a claim without the indemnifying party\u2019s prior written consent. Nothing in the Contract will restrict or limit either party\u2019s general obligation at law to mitigate a loss it may suffer or incur as a result of an event that may give rise to a claim under the indemnification obligations in the Contract.\u00a0<\/li><\/ul><\/li><\/ul><p>21\u00a0\u00a0\u00a0\u00a0\u00a0 Term and Termination<\/p><ul><li>The Contract will commence on the Effective Date and, subject to earlier termination in accordance with this clause 21, continue until the end of the period for the relevant DeterTech Solution.<\/li><li>Without affecting any other right or remedy available to it, DeterTech may terminate the Contract or suspend the applicable part of the DeterTech Solution with immediate effect by giving written notice to Customer if:<ul><li>Customer fails to pay any amount due under the Contract on the due date for payment and remains in default not less than 7 (seven) days after being notified to make such payment;<\/li><li>Customer commits a material breach of any other term of the Contract which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 7 (seven) days after being notified to do so;<\/li><li>Customer repeatedly breaches any of the terms of the Contract in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of the Contract;<\/li><li>Customer suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts;<\/li><li>becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors or analogous event or proceeding in any applicable jurisdiction;<\/li><li>Customer suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business; or<\/li><li>there is a change of control of Customer (within the meaning of section 1124 of the Corporation Tax Act 2010).<\/li><\/ul><\/li><\/ul><p>22\u00a0\u00a0\u00a0\u00a0\u00a0 Consequences of Termination<\/p><ul><li>On termination of the Contract, however caused, without prejudice to any other rights or remedies of Customer:<ul><li>DeterTech\u2019s consent to Customer\u2019s possession of the Equipment and use of the Equipment Services shall terminate;<\/li><li>DeterTech may, by its authorised representatives, without notice and at Customer\u2019s expense, retake possession of the Equipment and for this purpose may enter the Site or any premises at which the Equipment is located;<\/li><li>the Operating Licence shall terminate and Customer shall cease to make any use of the Products and Trade Marks;<\/li><li>Customer shall at its own expense within 7 (seven) days remove all Products and either return them to DeterTech or otherwise dispose of them in accordance with the directions of DeterTech (and provide written certification that the same has been done); and<\/li><li>Customer shall pay to DeterTech on demand all Charges and other sums due but unpaid at the date of such demand together with (i) any interest accrued pursuant to\u00a0<a href=\"https:\/\/detertech.com\/site-security-terms-and-conditions\/#_bookmark0\">clause\u00a0<\/a>4<a href=\"https:\/\/detertech.com\/site-security-terms-and-conditions\/#_bookmark0\">;\u00a0<\/a>and (ii) any costs and expenses incurred by DeterTech in recovering the Equipment or in collecting any sums due under the Contract (including any storage, insurance, repair, transport, legal and remarketing costs).<\/li><\/ul><\/li><li>If Customer fails to comply fully with any of clauses 1(a) to 22.1(d), Customer shall remain liable to continue paying the Charges for the applicable DeterTech Solution in accordance with all applicable provisions of the Contract, as if the Contract had not been terminated, from the date of termination until the end of the period in which Customer is in compliance with such clauses.<\/li><li>Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.<\/li><li>Termination or expiry of the Contract shall not affect any rights, remedies, obligations, or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.<\/li><\/ul><p>23\u00a0\u00a0\u00a0\u00a0\u00a0 Force Majeure.\u00a0<\/p><p>Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure results from a Force Majeure Event. \u00a0In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. The party affected by a Force Majeure Event shall take all reasonable steps available to it to avoid or minimise the effects of a Force Majeure Event on the performance of its obligations under the Contract. For the avoidance of doubt, the corresponding obligations of the other party will be suspended, and its time for performance of such obligations extended, to the same extent as those of the party affected by a Force Majeure Event. The party affected by a Force Majeure Event will not be entitled to payment from the other party in respect of extra costs and expenses incurred by virtue of a Force Majeure Event.\u00a0 If the period of delay or non-performance continues for four weeks, the party not affected may terminate the Contract by giving 48 hours\u2019 written notice to the affected party.<br \/>24\u00a0\u00a0\u00a0\u00a0\u00a0 Confidential Information<\/p><ul><li>Each party undertakes that during the Contract, and for a period of 5 (five) years after expiry of the Contract it shall hold the other party\u2019s Confidential Information (or Confidential Information of any member of the group of companies to which the other party belongs) and not at any time disclose to any person any such Confidential Information, except as permitted by clause 1.<\/li><li>Each party may disclose the other party\u2019s Confidential Information:<ul><li>to its employees, officers, representatives, or advisers who need to know such information for the purposes of exercising the party\u2019s rights or carrying out its obligations under or in connection with the Contract. Each party shall ensure that its employees, officers, representatives, or advisers to whom it discloses the other party\u2019s Confidential Information comply with clause 1; and<\/li><li>as may be required by law, a court of competent jurisdiction or a governmental or regulatory authority.<\/li><\/ul><\/li><li>The obligations of confidentiality in clause 1 do not apply to information which:<ul><li>is or becomes (through no act or omission of the receiving party), generally available to the public;<\/li><li>becomes known to the receiving party or any of its Affiliates on a non-confidential basis through a third party who is not subject to an obligation of confidentiality with respect to that information;<\/li><li>was lawfully in the possession of the receiving party or any of its Affiliates prior to such disclosure;<\/li><li>is independently developed by the receiving party or any of its Affiliates; or<\/li><li>the disclosing party agrees is not confidential or may be disclosed.<\/li><\/ul><\/li><\/ul><p>25\u00a0\u00a0\u00a0\u00a0\u00a0 Anti-Bribery<\/p><ul><li>DeterTech shall and shall procure that its agents, directors, employees, officers and subcontractors, shall:<ul><li>not engage in any form of bribery, corruption, extortion or embezzlement, or other unlawful conduct;<\/li><li>comply with all Applicable Laws, regulations, codes and sanctions relating to anti-bribery and anti-corruption (\u201cAnti-Bribery Laws\u201d); and<\/li><li>have and maintain in place throughout the term of the Contract, adequate policies and procedures to ensure compliance with Anti-Bribery Laws.<\/li><\/ul><\/li><\/ul><p>26\u00a0\u00a0\u00a0\u00a0\u00a0 Anti-Slavery<\/p><ul><li>DeterTech warrants, represents and undertakes that:<ul><li>neither itself or its agents, directors, employees, officers and subcontractors have been convicted of any offence involving any Applicable Law, regulations, rules and codes making provision about slavery, servitude and forced or compulsory labour and about human trafficking including but not limited to the Modern Slavery Act 2015 (\u201cAnti-Slavery Laws\u201d);<\/li><li>having made reasonable enquiries so far as it is aware, neither itself nor its agents, directors, employees, officers and subcontractors haven been or are the subject of any investigation, inquiry or enforcement proceedings by any governmental, administrative or regulatory body regarding any offence or alleged offence of or in connection with the Anti-Slavery Laws; and<\/li><li>it will have, maintain and enforce throughout the term of the Contract its own policies and procedures to ensure compliance with its obligations under this clause 26 and the Anti-Slavery Laws.<\/li><\/ul><\/li><\/ul><ul><li>Data Protection.<ul><li>The parties agree that where applicable, they shall comply with their obligations under applicable data protection laws and the Data Processing Addendum at Schedule 2 of these Terms.<\/li><li>DeterTech may record calls between DeterTech\u2019s call centre, or a member of DeterTech\u2019s team (including sales team), and Customer personnel, for monitoring, training, and quality purposes. All recorded information is treated as Confidential Information, and DeterTech will safeguard the security of the personal data in such recordings as described in its privacy policy (available on written request).<\/li><\/ul><\/li><\/ul><p>28\u00a0\u00a0\u00a0\u00a0\u00a0 Assignments and other Dealings<\/p><ul><li>Neither party will assign, sub-license or otherwise dispose of any rights under the Contract to a third party without the other party\u2019s written consent. However, DeterTech may assign the Contract at any time, upon notice to Customer, to \u00a0a DeterTech Affiliate, subsidiaries or successors.<\/li><\/ul><p>29\u00a0\u00a0\u00a0\u00a0\u00a0 Entire Agreement<\/p><ul><li>The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.<\/li><li>Each party acknowledges that in entering into the Contract it does not rely on and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.<\/li><\/ul><p>30\u00a0\u00a0\u00a0\u00a0\u00a0 Variation. \u00a0<\/p><p>DeterTech may modify these Terms from time to time by providing an updated version on its website or through the Subscription Service. \u00a0Unless a shorter period is specified by DeterTech (e.g., due to changes in Applicable Law), modifications become effective upon renewal of Customer\u2019s Contract or entry into a new Contract.\u00a0<\/p><p>31\u00a0\u00a0\u00a0\u00a0\u00a0 No Partnership or Agency<\/p><ul><li>Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.<\/li><li>Each party confirms it is acting on its own behalf and not for the benefit of any other person.<\/li><\/ul><p>32\u00a0\u00a0\u00a0\u00a0\u00a0 Further Assurance. Each party shall and shall use all reasonable endeavours to procure that any necessary third party shall execute and deliver such documents and perform such acts as may reasonably be required for the purpose of giving full effect to the Contract.<\/p><p>33\u00a0\u00a0\u00a0\u00a0\u00a0 Counterparts<\/p><ul><li>The Contract may be executed in any number of counterparts, each of which shall constitute a duplicate original, but all the counterparts shall together constitute the one Contract. No counterpart shall be effective until each party has delivered to the other at least one executed counterpart.<\/li><\/ul><p>34\u00a0\u00a0\u00a0\u00a0\u00a0 Third Party Rights<\/p><ul><li>Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract. The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.<\/li><\/ul><p>35\u00a0\u00a0\u00a0\u00a0\u00a0 Notices<\/p><ul><li>Any notice or other communication given to a party under or in connection with the Contract shall be in writing and shall be delivered by pre-paid first-class post or other next Business Day delivery service at its registered office (if a company) or its principal place of business (in any other case) or by email to an address set out in the Order (as may be updated by notice).<\/li><li>Any notice or communication shall be deemed to have been received if sent by pre-paid first-class post or other next Business Day delivery service, on the second Business Day after posting, and if by email on the next Business Day after transmission.<\/li><li>This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.<\/li><\/ul><p>36\u00a0\u00a0\u00a0\u00a0\u00a0 Waiver. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.<\/p><p>37\u00a0\u00a0\u00a0\u00a0\u00a0 Rights and Remedies. Except as expressly provided in the Contract, the rights and remedies provided under the Contract are in addition to, and not exclusive of, any rights or remedies provided by law.<\/p><p>38\u00a0\u00a0\u00a0\u00a0\u00a0 Severance<\/p><ul><li>If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract.<\/li><li>If any provision or part-provision of the Contract is deemed deleted under\u00a0<a href=\"https:\/\/detertech.com\/site-security-terms-and-conditions\/#_bookmark2\">clause\u00a0<\/a>1 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.<\/li><\/ul><p>39\u00a0\u00a0\u00a0\u00a0\u00a0 Governing Law. The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.<\/p><p>40\u00a0\u00a0\u00a0\u00a0\u00a0 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.<\/p><p>SCHEDULE 1 \u2013 INTERPRETATION, DEFINED TERMS<\/p><ol><li>Clause and paragraph headings shall not affect the interpretation of these The Order forms part of the Contract and shall have effect as if set out in full in the body of the Contract and any reference to the Contract includes any schedules to the Order. Unless the context otherwise requires, words in the singular shall include \u00a0the plural and in the plural shall include the singular. A reference to a statute or statutory provision means as is in force as at the date of the \u00a0Contract and shall include all subordinate \u00a0legislation made as at the date of the Contract under that statute or statutory provision. A reference to writing or written includes email unless expressly \u00a0stated otherwise. Any obligation on a party not to do something includes an obligation not to\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 allow that thing to be done.<\/li><\/ol><ol start=\"2\"><li>In these Terms unless the context otherwise requires:<\/li><\/ol><p>\u201cAffiliate\u201d means, in respect of each party to the Contract, a company or other legal entity which controls, is controlled by, or is under common control with such party, but only while such control exists.\u00a0 For the purposes of this definition, the term \u201ccontrol\u201d shall be understood as the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a legal entity, whether through the ownership of voting stock, by contract or otherwise.<\/p><p>\u201cApplicable Law\u201d all laws and regulations that apply to the provision of a DeterTech Solution.<\/p><p>\u201cARC Service\u201d means in respect of the Equipment, DeterTech\u2019s security alarm monitoring service delivered by its in-house Alarm Receiving Centre (ARC) as part of Customer\u2019s hire of the Equipment.<\/p><p>\u201cBusiness Day\u201d means a day, other than a Saturday, Sunday or public \u00a0holiday in England when banks in London are open for business.<\/p><p>\u201cCharges\u201d means any or a combination of (a) the\u00a0<a class=\"inlinks\" href=\"https:\/\/detertech.com\/sectors\/civil-and-construction\/\">Installation Fee<\/a>, (b)\u00a0 the Equipment Hire Fee, (c) the Subscription Service Fee, (d) the Operating Licence Fee, and (e) any other fees charged for a DeterTech Solution.<\/p><p>\u201cCollection\u201d means the collection by DeterTech and the transfer of physical \u00a0possession of the Equipment at the Site(s) to DeterTech.<\/p><p>\u201cConfidential Information\u201d information in any form, whether oral or written, of a business, financial or technical nature which the recipient reasonably should know is confidential and which is disclosed by a party in the course of a Contract, but excluding the information listed in clause 24.3.\u00a0<\/p><p>\u201cContract\u201d means the agreement between DeterTech and Customer to for the provision of a DeterTech Solution, incorporating these Terms and the applicable Order.<\/p><p>\u201cCustomer\u201d means the person, firm, partnership, company, corporation or public authority entering into the Contract with DeterTech, as detailed in the Order.<\/p><p>\u201cCustomer Data\u201d means all data, materials, content, or other information provided to DeterTech (or uploaded to the Subscription Service) by or on behalf of Customer, which DeterTech is required to host, use or modify in the provision of a DeterTech Solution.<\/p><p>\u201cDelivery\u201d means the delivery, installation and the transfer of physical \u00a0possession of either or each of the Equipment and the Products, as applicable, to Customer at the Site.<\/p><p>\u201cDelivery Date\u201d means the date as stated in the Order on which the Equipment (and Products, if applicable) are to be delivered and installed by DeterTech at the Site(s).<\/p><p>\u201cDeterTech\u201d means DeterTech UK Limited a company incorporated and existing under the laws of England \u00a0(registered number 02875523), whose principal office is at Partnership House, Central Park, Telford, TF2 9TZ, England.<\/p><p>\u201cDeterTech Solution\u201d means any of, or a combination of, Equipment, Services, and Products, and any other security solution or service provided by DeterTech to a Customer under a Contract.<\/p><p>\u201cEffective Date\u201d means the date of the Order.<\/p><p>\u201cEquipment\u201d means the items of equipment belonging to DeterTech and hired to the Customer as stated in the Order (excluding the Products and any Licensed Materials) and all replacements of the Equipment.<\/p><p>\u201cEquipment Hire Fee\u201d the sums payable by or on behalf of Customer for the hire of \u00a0the Equipment and provision of the Equipment Services during the Hire Period, as detailed in the Order.<\/p><p>\u201cEquipment Services\u201d means (a) the provision of the ARC Service and any other software, app or platform provided as part of the DeterTech Solution and (b) the installation, decommissioning, maintenance and other services, in respect of the Equipment provided by DeterTech.<\/p><p>\u201cForce Majeure\u201d means any event beyond the reasonable control of either party and which is unavoidable including, but not limited to, the following events: epidemics, pandemics, earthquakes, landslides or displacements of other materials, storms, floods, hurricanes, lightning strikes, tempest, acts of God, state or public enemy, wars, revolutions, uprisings, hostilities, civil disturbances, blockades, embargoes, government restraints or similar disruptions or interferences with trade, riots, civil war, insurrection, invasion, explosions and fires, outages and malfunctions of cell phone, data networks, software, hardware and servers and cyber or hacking attacks. For the avoidance of doubt, strikes, or lockouts and shutdowns of a party or any of its group (or of any person engaged by any of them) shall not be a Force Majeure Event for that party.<\/p><p>\u201cForensic Marking Product\u201d means one of DeterTech\u2019s proprietary forensic marking products, as detailed in the Order.<\/p><p>\u201cHire Period\u201d has the meaning given in clause 7.1.<\/p><p>\u201cIntellectual Property Rights\u201d means any database rights, design rights, rights in and to patents, copyrights, goodwill, inventions, know how, techniques, trade secrets, confidential information, trade marks, or other intellectual property right subsisting anywhere in the world, whether registered or unregistered, and including applications for any of the foregoing.<\/p><p>\u201cInstallation Fee\u201d means DeterTech\u2019s fee for the installation, set-up, and decommissioning of the Equipment.<\/p><p>\u201cLicensed Materials\u201d means the licensed materials, including deterrent signage, referred to in the Order.<\/p><p>\u201cMinimum Hire Period\u201d means the minimum hire period for the Equipment, starting from \u00a0the Delivery Date, as detailed in the Order.<\/p><p>\u201cOperating Licence\u201d means the non-exclusive, non-transferable right and licence to use the Products at the Site(s) in accordance with the Contract.<\/p><p>\u201cOperating Licence Fee\u201d means the sums payable by or on behalf of Customer for the license of the Products during the Operating Licence Period as part of the Charges, as detailed in the Order.<\/p><p>\u201cOperating Licence Period\u201d means the period of the Operating Licence, which shall be five years unless otherwise detailed in the Order.<\/p><p>\u201cOrder\u201d has the meaning given in clause 2.<\/p><p>\u201cLoss\u201d means any loss, cost, charge, or damage.<\/p><p>\u201cProducts\u201d means Forensic Marking Products, Licensed Materials, and any other goods or materials related to forensic marking identified in the Order.<\/p><p>\u201cPurchase Order\u201d means Customer\u2019s purchase order. A Purchase Order is always subject to these Terms to the exclusion of all other terms.<\/p><p>\u201cService(s)\u201d means any services provided by DeterTech to Customer, including (a) the Equipment Services, (b) the Subscription Service, and (c) any other services agreed between the parties in writing or as detailed in the Order.<\/p><p>\u201cSite(s)\u201d means the locations as detailed in the Order at which (a) the Equipment will be installed, and the ARC Service will be provided, and if applicable (b) the Products will be delivered and used.<\/p><p>\u201cSite Information\u201d means (a) contact details of key holders to the Site that can respond on a 24\/7 basis; and (b) all information reasonably relevant to the provision of Equipment and the ARC Service at the Site that is provided by Customer to DeterTech from time to time (including, without limit, Site working hours, layout and description of Site, use of Site (including construction work), known risk levels at Site, value (or change in value) of assets protected at Site).<\/p><p>\u201cSubscription Service\u201d means a DeterTech cloud-based application, data management portal, or other technology service that is provided to its customers on a Software-as-a-Service (SaaS) basis, other subscription basis, or otherwise through the internet, as detailed in an Order.<\/p><p>\u201cSubscription Service Fee\u201d means the sums payable by or on behalf of Customer for the Subscription Service as part of the Charges, as detailed in the Order.<\/p><p>\u201cSubscription Term\u201d means in respect of a Subscription Service, the period for which Customer agrees to subscribe to or otherwise access the relevant Subscription Service and as set out in the relevant Order.<\/p><p>\u201cTerms\u201d these Terms and Conditions.<\/p><p>\u201cTrade Marks\u201d means the trade marks in the specific format depicted on the Equipment or Products, and any registered trade marks and unregistered trade mark rights that may be owned by DeterTech or a DeterTech Affiliate and used by Customer in conjunction with a DeterTech Solution.<\/p><p>\u201cVAT\u201d means value added tax or any equivalent tax chargeable in the \u00a0UK or elsewhere.<\/p><p>SCHEDULE 2 \u2013 DETERTECH CUSTOMER DATA PROCESSING ADDENDUM<\/p><p>This Data Processing Addendum (\u201cDPA\u201d) forms a part of the Contract between DeterTech and Customer. This DPA applies where and only to the extent that DeterTech Processes Personal Data on behalf of Customer in the course of providing the DeterTech Solution.<\/p><ol><li>For the purposes of this DPA, the following terms will have the meanings set out below. Capitalised terms not otherwise defined herein will have the meaning given to them in the Contract.<ul><li>\u201cadequate country\u201d, \u201ccontroller\u201d, \u201cprocessor\u201d, and \u201csupervisory authorities\u201d have the meanings given in the Data Protection Laws.<\/li><li>\u201cAffiliate\u201d means an entity that owns or controls, is owned or controlled by, or is under common control or ownership with, either Customer or DeterTech respectively. \u201cControl,\u201d for purposes of this definition, means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract or otherwise.<\/li><li>\u201cCustomer Personal Data\u201d means any Personal Data Processed by DeterTech or a Sub-processor on behalf of Customer.<\/li><li>\u201cData Protection Laws\u201d means any local, national or international laws, rules and regulations related to privacy, security, data protection, and\/or the Processing of Personal Data, as amended, replaced or superseded from time to time. This includes the European Union Regulation (EU) 2016\/679 and the Data Protection Act 2018.<\/li><li>\u201cData Subject\u201d means the identified or identifiable person to whom Personal Data relates.<\/li><li>\u201cPersonal Data\u201d means (a) information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular person or household and (b) any information defined as \u201cpersonal data\u201d, \u201cpersonal information,\u201d or other similar terms under applicable Data Protection Laws, which, in each case, is included in the data, information or material provided, inputted, or submitted by the Customer, Users, or others into the Services, or shared with DeterTech or its Affiliates by any means in connection with the Services and the Contract, which may include Personal Data relating to the Customer, Users, or other contacts of Customer.<\/li><li>\u201cPersonal Data Breach\u201d means the accidental, unauthorized, or unlawful destruction, loss, alteration, disclosure of, or access to, Customer Personal Data transmitted, stored or otherwise Processed by DeterTech or any Sub-processor.<\/li><li>\u201cProcess\u201d means any operation or set of operations that is performed upon Personal Data, whether or not by automatic means, such as access, collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, return or destruction, and \u201cprocessed,\u201d or \u201cprocessing\u201d shall be construed accordingly.<\/li><li>\u201cProcessor\u201d means any person or entity which Processes Customer Personal Data, including as applicable any \u201cservice provider\u201d or \u201ccontractor\u201d as those terms are defined by applicable Data Protection Laws.<\/li><li>\u201cRegulator\u201d means any independent public authority, government agency, and any similar regulatory authority responsible for the enforcement of Data Protection Laws.<\/li><li>\u201cSub-processor\u201d means any Processor (including any third party and any DeterTech Affiliate) appointed by or on behalf of DeterTech who may Process Customer Personal Data.<\/li><li>\u201cUser\u201d an individual who is authorised to use the Services (for instance individuals who have been supplied with a user identification and password by the Customer or by DeterTech or a DeterTech Affiliate at the Customer\u2019s request). Users may include Customer\u2019s employees, consultants, contractors, agents or other third parties.<\/li><\/ul><\/li><li>Processing details.<\/li><\/ol><p>The details of the Processing of Customer Personal Data by DeterTech are as follows.<\/p><ul><li>Nature and purpose of the Processing. Customer authorises DeterTech to Process Customer Personal Data (including collection, organisation, structuring, storage, hosting, adaptation, and alteration and\/or use of such data), solely for the purpose of providing, improving, and maintaining the DeterTech Solution as described in the Contract.<\/li><li>Notwithstanding expiry or termination of the Contract, this DPA will remain in effect for any additional time after termination necessary for DeterTech to complete its obligations relating to Customer Personal Data. Customer requires that Customer Personal Data that is: (a) captured by the Equipment (i.e. images) and Customer contact information is retained by DeterTech for three years after the end of the Contract; and (b) held in DeterTech\u2019s Forensic Marking Product database is retained by DeterTech indefinitely.\u00a0 Customer may request deletion or return of such Customer Personal Data under clause 3.3.8.<\/li><li>Types of Personal Data. The types of Customer Personal Data that are Processed may include, but are not limited to:<ul><li>Identification and contact data (name, address, title, contact details);<\/li><li>Employment details (employer, job title, geographic location, area of responsibility);<\/li><li>Images of individuals captured by Equipment;<\/li><li>IT information (IP addresses, usage data, device or machine fingerprints, cookies data, location data); and<\/li><li>any other data provided by Customer for the purpose of receiving the DeterTech Solution.<\/li><\/ul><\/li><\/ul><ul><li>Categories of Data Subjects. The categories of Data Subjects to which Customer Personal Data relate may include, but are not limited to:<ul><li>individuals permitted or required by Customer to make use of the DeterTech Solution or to communicate with DeterTech in relation to the DeterTech Solution or the Contract (including without limit employees, contractors, service providers, and other Users (as defined in this DPA);<\/li><li>individuals who details are contained within Customer Personal Data (including without limit employees, contractors and service providers); and\/or<\/li><li>individuals whose images are captured by the Equipment.<\/li><\/ul><\/li><li>Special Categories of Personal Data (if applicable). No \u2018special categories of personal data\u2019 or similarly sensitive personal data (as described or defined in Data Protection Laws) may be provided to DeterTech with Customer Personal Data. To the extent Customer provides DeterTech with any \u2018special categories of personal data\u2019, Customer shall notify DeterTech as promptly as possible.<\/li><\/ul><ol start=\"3\"><li>Processing of Personal Data.<ul><li>The parties acknowledge that, with regard to the Processing of Customer Personal Data, DeterTech is the processor and Customer is the controller.<\/li><li>Customer is responsible for obtaining all consents, licences and legal bases required to allow DeterTech to process Customer Personal Data.<\/li><li>DeterTech will:<ul><li>only process personal data in accordance with this DPA and Customer\u2019s instructions (unless legally required to do otherwise);<\/li><li>not share, sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate orally, in writing, or by electronic or other means, Customer Personal Data to another person or entity for any reason, except (a) as necessary to fulfil DeterTech\u2019s obligations with respect to the DeterTech Solution; or (b) as otherwise required by applicable Data Protection Laws;<\/li><li>inform Customer immediately if (in its opinion) any instructions infringe Data Protection Laws;<\/li><li>ensure that anyone authorised to process Customer Personal Data is committed to confidentiality obligations no less strict than in this Contract with respect to confidentiality and security;<\/li><li>without undue delay, provide Customer with reasonable assistance with:<ul><li>data protection impact assessments,<\/li><li>responses to Data Subjects\u2019 requests to exercise their rights under Data Protection Laws, and<\/li><li>engagement with supervisory authorities;<\/li><\/ul><\/li><li>if requested, provide Customer with information necessary to demonstrate its compliance with obligations under Data Protection Laws and this DPA;<\/li><li>allow for audits at Customer\u2019s reasonable request, provided that audits are limited to once a year and during business hours except in the event of a security incident; and<\/li><li>after termination of this DPA, at Customer\u2019s choice, delete or return Customer Personal Data unless retention is required to meet legal or regulatory obligations (but only to the extent and for such period as required by such legal or regulatory requirement).<\/li><\/ul><\/li><\/ul><\/li><\/ol><ol start=\"4\"><li>Customer\u2019s Obligations<ul><li>The Customer shall:<ul><li>comply with; and<\/li><li>procure the compliance of Users, other contacts of the Customer, or third parties who may use the Services with,<\/li><\/ul><\/li><\/ul><\/li><\/ol><p>the Data Protection Laws in Processing Personal Data ahead of sharing it with DeterTech in connection with the Services.<\/p><ul><li>Customer warrants on an ongoing basis that it has an appropriate lawful basis under the Data Protection Laws to share Personal Data with DeterTech in connection with the Services.<\/li><li>The Customer further agrees that it shall:<ul><li>as required by the Data Protection Laws, obtain any necessary consents and provide sufficient information to Data Subjects regarding the Processing of their Personal Data, or procure the same, for: (i) Customer to share the Personal Data with DeterTech or the Services; and (ii) DeterTech to Process the Personal Data for the purposes set out in the Contract and in accordance with the Data Protection Laws;<\/li><li>not do or cause DeterTech to do anything which would put DeterTech in breach of the Data Protection Laws or violate the rights of any Data Subject; and<\/li><li>provide reasonable assistance to DeterTech in complying with DeterTech\u2019s obligations under the Data Protection Laws, including by entering into any amendments or additions to this DPA which may be necessary to reflect any changes in the Customer\u2019s, or DeterTech\u2019s, Personal Data Processing activities, or otherwise as required by the Data Protection Laws.<\/li><\/ul><\/li><\/ul><ol start=\"5\"><li>Security. DeterTech shall implement and maintain appropriate technical and organizational safeguards to protect Customer Personal Data that are no less rigorous than accepted industry standards for information security and shall ensure that all such safeguards comply with applicable Data Protection Laws. In assessing the appropriate level of security, DeterTech shall take into account the risks that are presented by Processing, in particular from accidental, unauthorized, or unlawful destruction, loss, alteration, damage, disclosure of, or access to Customer Personal Data transmitted, stored, or otherwise Processed.<\/li><li>Personal Data Breach. In the event of a Personal Data Breach impacting Customer Personal Data, DeterTech shall:<ul><li>notify Customer as soon as practicable under the circumstances, but no later than seventy-two (72) hours after DeterTech or any Sub-processor becomes aware of such Personal Data Breach;<\/li><li>provide Customer with sufficient details of the Personal Data Breach to allow Customer to meet any obligations under Data Protection Laws to report or inform Data Subjects or relevant Regulators of the Personal Data Breach;<\/li><li>immediately take all appropriate steps, at its sole cost and expense, to investigate, contain, remediate the cause and mitigate any effects or potential harms to Data Subjects arising from the Personal Data Breach; and<\/li><li>cooperate, and require any Sub-processor to cooperate, with Customer in the investigation, mitigation, and remediation of any such Personal Data Breach.<\/li><\/ul><\/li><li>Sub-processors.<ul><li>Use of sub-processors. Customer hereby generally authorizes DeterTech\u2019s use of sub-processors to process Customer Personal Data, subject to the conditions set out in this clause 7.<\/li><li>List of sub-processors. DeterTech\u2019s existing Sub-processors are listed in Annex A.<\/li><li>New sub-processors. DeterTech shall give Customer at least thirty (30) days\u2019 prior written notice of the appointment of any new Sub-processor, including details of the processing it will undertake. If, within fourteen (14) days of receipt of that notice, Customer notifies DeterTech in writing of any objections to the proposed appointment, DeterTech shall work with Customer in good faith to make available a commercially reasonable change to avoid the processing of Customer Personal Data by the proposed Sub-processor.<\/li><li>Sub-processor obligations. DeterTech shall use all reasonable endeavours to ensure that each Sub-processor performs the obligations under this DPA, as they apply to processing of Customer Personal Data carried out by that Sub-processor, as if it were party to this DPA in place of DeterTech. DeterTech shall remain fully liable to Customer for the performance of the Sub-processor\u2019s obligations.<\/li><li>Termination right. If DeterTech cannot accommodate Customer\u2019s objection to a new Sub-processor in accordance with clause 7.3, and DeterTech proceeds with the appointment of such Sub-processor, Customer may terminate the affected part of the DeterTech Solution on written notice to DeterTech, without penalty, as Customer\u2019s sole and exclusive remedy.<\/li><\/ul><\/li><\/ol><ol start=\"8\"><li>International Personal Data Transfers.<ul><li>DeterTech will only transfer personal data outside the UK, the EEA or an adequate country in compliance with Data Protection Laws and shall implement appropriate safeguards to the extent necessary under Data Protection Laws.<\/li><li>Transfer mechanism. Where a party processes Customer Personal Data outside the UK, the EEA or an adequate country:<ul><li>that processing party will act as the data importer,<\/li><li>the disclosing party is the data exporter, and<\/li><li>the parties will use an appropriate transfer mechanism in accordance with Data Protection Laws (\u201cTransfer Mechanism\u201d).<\/li><\/ul><\/li><\/ul><\/li><\/ol><ol start=\"9\"><li>Additional If the Transfer Mechanism is insufficient to safeguard the transfer, the data importer will promptly implement additional or replacement measures as necessary to ensure personal data is protected to the same standard as under Data Protection Laws.<\/li><li>Disclosures. If the data importer receives a request from a public authority to access Customer Personal Data, it will (if legally possible):<ul><li>challenge the request and promptly notify the data exporter about receiving it; and<\/li><li>if it is necessary to disclose Customer Personal Data, only disclose the minimum amount required to the public authority and keep a record of the disclosure.<\/li><\/ul><\/li><li>Termination. Upon expiration or termination of the Contract for any reason, DeterTech\u2019s obligations under this DPA in relation to the Processing of Personal Data will continue for as long as DeterTech has access to Customer Personal Data.<\/li><li>Changes in Data Protection Laws. If any variation is required to this DPA as a result of a change in or subsequently applicable Data Protection Law, the parties agree to discuss and negotiate in good faith any variations to this DPA necessary to address such changes, with a view to agreeing and implementing those or alternative variations as soon as practicable.<\/li><li>General Terms. This DPA supersedes any prior data processing agreements, addenda or similar terms between the parties. In the event of any conflict between the Contract and this DPA, this DPA will govern with respect to the subject matter of this DPA.<\/li><\/ol><p>Annex A \u2013 Authorised sub-processors<\/p><table width=\"359\"><tbody><tr><td width=\"76\">DeterTech Products<\/td><td width=\"113\">Authorised Sub-Processor<\/td><td width=\"170\">Processing details<\/td><\/tr><tr><td width=\"76\">All products<\/td><td width=\"113\">Amazon Web Services. Inc<\/td><td width=\"170\">Hosting and back-up of all Customer Personal Data<\/td><\/tr><tr><td width=\"76\">All products<\/td><td width=\"113\">DocuSign, Inc<\/td><td width=\"170\">E-signing services (identification and contact data and employment details)<\/td><\/tr><tr><td width=\"76\">All products<\/td><td width=\"113\">SageGroup plc<\/td><td width=\"170\">Financial management services (identification and contact data and employment details)<\/td><\/tr><tr><td width=\"76\">All products<\/td><td width=\"113\">Salesforce.com, Inc<\/td><td width=\"170\">Providing CRM Services and user log-in management (identification and contact data and employment details; and IT information)<\/td><\/tr><tr><td width=\"76\">All products<\/td><td width=\"113\">Tableau Software, LLC\u00a0<\/td><td width=\"170\">Providing data management services<\/td><\/tr><tr><td width=\"76\">PID360 &amp; Compact<\/td><td width=\"113\">Syrinx platform, provided by Point-of-Rental<\/td><td width=\"170\">Providing rental management platform services (identification, contact data, billing information)<\/td><\/tr><tr><td width=\"76\">DTSentinel<\/td><td width=\"113\">Hangzhou HikVision Digital Technology Co Ltd<\/td><td width=\"170\">27\/7 monitoring of DTSentinel devices<\/td><\/tr><tr><td width=\"76\">Forensic Marking Products<\/td><td width=\"113\">Cache Database, provided by InterSystems Corporation<\/td><td width=\"170\">Enterprise hosted CRM and registration database for Forensic Marking Products (customer identification and contact data)<\/td><\/tr><tr><td width=\"76\">SmartRecon<\/td><td width=\"113\">Defendec Services O\u00dc<\/td><td width=\"170\">24\/7 monitoring of SmartRecon devices<\/td><\/tr><\/tbody><\/table><p><br \/><br \/><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"<p>Site Security Terms and Conditions. INTRODUCTION 1\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Sections. In these Terms the Sections apply as follows: \u2013\u00a0 Section A: where Customer hires Equipment (and receives Equipment Services) and\/or receives a Subscription Service. \u2013\u00a0 Section B: where Customer orders Products (including Licensed Materials) related to forensic marking. \u2013\u00a0 Section C: in all cases (as relevant to [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-39394","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v28.4 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Site Security Terms and Conditions | DeterTech Ireland<\/title>\n<meta name=\"description\" content=\"Read the Site Security Terms and Conditions for DeterTech Ireland, outlining the contract terms for hiring site security equipment 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