Service Specific Terms

Posted as of: March 12, 2021

Effective as of: March 12, 2021

Protector (Lone Worker Safety)

  1. Service Description: The Lone Worker Safety (LWS) solution, part of the Protector by Vatix suite of products, is designed to help keep lone and at-risk workers safe and maintain employer compliance with relevant health and safety legislation. The LWS solution is usually sold as a bundled subscription which includes:
    1. Lone Worker Alarm Devices (Hardware) or Protector (LWS) Mobile App: Rental of personal safety devices or licence(s) for the lone worker mobile app which can be installed on compatible client-owned iOS or Android devices. 
    2. SIM Connectivity: A SIM card preinstalled in the Hardware which provides voice and data connectivity so that voice calls can be made and location data sent.
    3. Alarm Monitoring: There are two options, either advanced self-monitoring of alarms whereby alarm calls are routed to designated responders within the Customer’s organisation or 24/7 alarm monitoring provided by Vatix. 
    4. Protector by Vatix (Lone Worker Safety): User licences for the cloud-based Protector software (LWS features only) which is used by managers to administer lone worker devices, provide reporting & insights and log lone worker safety alarm incidents in a digital logbook.

The LWS solution must be used in accordance with our Terms of Service, Service Specific Terms and for its Legitimate Use as well as other Vatix Terms & Conditions. The following practices are considered Legitimate Use and are included within the Subscription charge:

  • Emergency calls/alarm activations - defined as “Genuine” alarm activations, in which the User reasonably believes they face a serious and imminent threat to their personal safety.
  • All call time for use with Genuine alarm activations and voice memo calls subject to the fair usage policy set out in these Service Specific Terms.
  • Automatic location updates. The device will send location information to Protector so device locations can be monitored to assist operators/responders should an alarm activation occur.
  • One test alarm activation call per User, per quarter, is permitted within the legitimate use.

The following is a non-exhaustive list of uses that are not considered to be Legitimate Use:

  • Removing SIM cards from the Hardware and/or using SIM cards in any way which is beyond their intended use within the Hardware
  • Unusual calling patterns inconsistent with normal subscription use, for example, to make several calls in a short period of time or for excessively long voice calls to the same number.
  • Unusual data usage is inconsistent with normal subscription use, for example, data usage for any purpose other than the intended use within the Hardware.

Other activities may be relevant in determining Legitimate Use and Vatix reserves the right to take any unlawful, prohibited or unusual activity into account in making its determination. Vatix may at its discretion, terminate its relationship with the Customer, or may suspend the Subscription immediately if it determines that the Customer is using the Services in violation of the Terms of Service, Service Specific Terms or any other policies and terms referenced within these agreements. Where possible, Vatix will provide the Customer with notice of improper usage before suspension or termination of the Subscription and, if appropriate, Vatix may offer alternative Subscription Terms.

  1. General Customer Responsibilities: 
    1. Ensure Users are adequately trained on how to use the LWS solution and that they understand the limitations, terms and conditions of the solution.
    2. Inform Vatix immediately if the Equipment or any SIM card is lost or stolen (to be confirmed in writing as soon as reasonably practicable thereafter);
    3. Not obtain a User’s GPS tracking information without their prior consent (where automated position reports or mobile phone position requests are enabled); and;
    4. Ensure LWS Hardware is only used in the United Kingdom, except if specified otherwise on the Order Form.
  1. Lone Worker Alarm Devices (Hardware):
    1. Hardware included as part of a Subscription. The following terms apply for Orders where the device is rented to the Customer as part of the bundled Subscription.
      • Vatix shall provide the Customer with use and possession of the Hardware for the period of the subscription, as specified in the Order Form, upon payment of the Charges set out in the Order form
      • The Customer agrees to take all reasonable and proper care of the Hardware and ensure it is in good and working order (reasonable fair wear and tear is permitted).
      • The Customer agrees to indemnify Vatix against loss or damage to the Hardware, including all replacement costs, however caused.
      • The Customer agrees not to offer for sale, sell, transfer, assign, pledge, mortgage, sub-lease or lend the Hardware or in any other way part with the Hardware. The Customer shall keep the Hardware in its own legal and physical possession and shall prevent the creation of any charge of lien theron.
      • Unless specified on the Order Form, the Customer agrees, at its own expense and for the full duration of its use of the Hardware, to insure the equipment against loss or damage, to an amount at least equal to its replacement value.
      • Should the Hardware (including associated accessories such as chargers) develop a technical fault (i.e. not damaged through use or water damaged) the Customer should contact Vatix’s support team either by telephone or email ([email protected]) who will assist with identifying the issue. If necessary, we will ask the Customer to return the Hardware, at their own expense, and once the returned Hardware has been received and the technical fault confirmed it will be replaced free of charge as part of a Subscription-long warranty. 
      • The Customer agrees that where Hardware has been lost or damaged this is not covered under the Subscription-long warranty. Vatix can issue replacement Hardware at a fixed cost of £120 (excluding VAT) per Safe Pro, Sentinel Mini II, Sentinel Mini I & Sentinel Bold and £10 per charger and cable. These charges do not include setup, packaging and delivery which will be charged separately at the standard rate (£15 per Hardware item). Refunds and credit notes are not provided for Hardware received after Vatix has issued an invoice for the replacement Hardware.
      • Upon termination of the Subscription, the customer shall return the Hardware (including associated accessories such as chargers and cables) to Vatix at the Customer’s own expense and in good condition and working order (reasonable wear and tear is permitted). The Customer agrees to return all Hardware to Vatix within 30 days of termination of the Subscription. Vatix reserves the right to charge the Customer at the then-current replacement cost price for any Hardware which is returned but fails to meet the aforementioned condition or where the Customer has failed to return the Hardware within the specified 30 day period.
  1. Hardware purchased outright by the Customer
    • Hardware purchased outright, rather than rented within a Subscription will be the property of the Customer.
    • Hardware purchased outright has a 12-month manufacturer warranty included as standard. The warranty only applies for technical faults/defects in the manufacture of the Hardware. The warranty will not cover Hardware that is damaged, water damaged or lost.
    • Warranty claims must be made in writing within 30 days of the fault occurring. In addition, the Customer must return the faulty Hardware at its own expense to Vatix for diagnostic testing.
    • Upon receipt of the faulty Hardware Vatix will have up to 15 working days to carry out diagnostic tests.
    • Upon completion of the diagnostic testing and if Vatix determines that the Customer has a valid warranty claim a replacement device will be sent to the Customer as a replacement.
  1. Protector (LWS only) Mobile App:
    1. Description: The Protector (LWS only) Mobile App is purchased as part of a Subscription for the LWS solution. Customers can install the mobile app on end User devices and once activated the end User can use the app to activate an alarm, if required, as well as use a number of other safety features such as timed alerts.
    2. Activation & Licences: The Order Form will specify the number of app licences the Customer is entitled to use. The App can be installed via the App Store (for iOS) and Play Store (for Android). Once installed the User needs to activate the app by logging in using the credentials added by the Customer on the Protector portal. The Customer can assign LWS only Protector Mobile App licences using the Protector Portal. The number of Users is limited by the number of licences specified on the Order Form. Licences can be reassigned by the Customer to new or existing Users using the Protector portal. Note there is a difference between Licences to use the Protector Mobile LWS App and licences to use the Protector LWS management portal (see 7. B & 7. C for more information on Protector User licences).
    3. Compatible devices: Vatix does not provide the mobile device of SIM connectivity. The Customer must ensure that they have checked the compatibility of their end User mobile devices before making an Order. The Protector Mobile App is compatible with the following operating systems
      • Android 4.4 and above;
      • Apple iOS 10.0 and above
    4. Limitations: The Customer acknowledges that certain functionality of the Protector Mobile App is contingent on the compatibility of the operating system (OS) (Android or iOS). As such, OS updates and changes in their terms of service may mean that features on the app are subject to change or be removed entirely if necessary. Vatix will use its best endeavours to continue providing the then-current functionality or similar features in the event that OS changes limit the availability of certain features.
  1. SIM Connectivity
    1. Description: Unless specified in the Order Form that the Customer wishes to use its own SIM cards, Vatix shall provide SIM cards contracted from mobile phone network operators within the Hardware. The normal, Legitimate Use of the LWS solution includes call time for genuine alarm activations and data for location updates within the Subscription charge.
    2. The Subscription includes up to 60 minutes of call time per SIM, per calendar month. Vatix reserves the right to charge the Customer for additional minutes of call time at a price of £8 (excluding VAT) for each 10-minute increment of usage (i.e. if 80 minutes of call time are used the additional charge will be calculated as 80 (usage) - 60 (included allowance) = 20 (usage over allowance) / 10 (additional usage increment) = 2 (number of increments over allowance) * £8 (per additional usage increment charge) = £16 (additional usage charge, excluding VAT). Vatix will use its best endeavours to notify the Customer of improper usage of the Service by its users so that remedial action can be taken to avoid additional charges where possible.
    3. Vatix shall cancel any SIM card as soon as reasonably practicable after being notified by the Customer of any loss or damage to Hardware that is using a SIM card.
    4. Vatix does not warrant that the Services will be free of faults or interruptions, that the Service will be free of errors, omissions or other issues or that the Services will be timely or secure. The Customer acknowledges and agrees that matters may affect the Services that the Company cannot reasonably control, including (without limitation) lack of network capacity, physical obstructions, atmospheric conditions and delays caused by the Company’s suppliers or manufacturers.
  1. Monitoring:
    1. Self-Monitoring
      • Description: If the Customer Subscription specifies Self-Monitoring then the alarm call will forward to designated responders set by the Customer by using the Protector portal.
      • It is the responsibility of the Customer to ensure that their responders are properly trained on how to use the LWS and for their role as alarm responder. The Customer takes full responsibility for ensuring the LWS is set up and working properly and as expected.
    2. 24/7 Monitoring by Vatix
      • Description: If the Customer Subscription specifies 24/7 Monitoring by Vatix then the alarm call will forward to an operator at the dedicated Alarm Receiving Center (ARC). The ARC operator will follow an emergency escalation procedure which may include instructions set by the Customer using the Protector portal.
      • To ensure we can maintain the highest level of capacity for genuine alarm activations we follow an industry-standard best practice for minimising false and test alarm activations The Customer agrees to ensure each User takes all reasonable care to avoid the activation of false or accidental alarms and to avoid exceeding the number of test calls permitted. In the event that three or more false or accidental alarms are activated by a User in a month, Vatix shall reserve the right to levy an additional administrative fee of £45 (excluding VAT) for that User, for the month in question. Vatix will use its best endeavours to notify the Customer of improper usage of the Service by its users so that remedial action can be taken to avoid additional charges where possible
  1. Protector (Lone Worker Safety) Software:
    1. Description: Protector by Vatix is a cloud-based suite of employee safety solutions that are not limited to lone worker safety. The LWS Solution may include user licences which allow the Customer to access the online portal which allows the Customer to administer and report on their LWS Solution.
    2. Restricted Access to Protector: Customer acknowledges and agrees that the licence only grants access to the LWS functionality of the Protector suite of products. It does not include access to features that are outside the scope of the LWS such as Incident Reporting, which are sold separately.
    3. User licences: The number of User licences included within the subscription will be set out on the Order Form. If the Order Form does not define the number of User licences then Vatix reserves the right to limit the number of Customer User licences to 5x the number of monitored connections, as specified in the Order Form.
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