Terms and Conditions for Island Communications Water Level Monitoring and Early Warning System

A. Introduction Island Communications water level monitoring and early warning system is designed to provide awareness of rising water levels in flood plains, rivers harbours, estuaries and coastal stretches to monitor sea levels above normal tidal predictions. The system can be quite effective in culvert situations where there is a flooding risk due to blockage of screens. The Island Environment monitoring service including all of its components and Web based access is the property of Island Communications Ltd.

B. Product details: Island Environment Services Flood Monitor solution consists of the following key elements: • Water level monitoring station • Operational software and station circuitry • GSM (cellular) antenna • Communications module for GPRS data transfer • Software, calibration & programming of alerts to Mobiles or BT land lines • Cellular Sim Card and communications process • Integration of Environment Monitoring equipment to management system • Level sensors by hydrostatic pressure • On going customer service support and help desk • Still image camera station with supporting software (where specified)

C. Environment monitoring Hardware unit & Installation payment summary Payment for all required Product and installation elements is made to Island Communications Ltd. The first Invoice will cover payment for the Environmental Monitoring system and management system including installation and annual management fee where quoted. Invoices will be sent for Initial Payment for Hardware and Installation and may be made in advance by BACS transfer or payment by cheque is also possible.

D. Payment terms are offered with stage payments with 50% Invoiced on receipt of purchase order and 50% upon completion of Installation and Commissioning. Alert messages sent from the Island Environment Monitoring system to registered mobile(s) or land lines are chargeable at the alarm rates published on the Environment Monitoring price list, which can be found towards the end of the Terms and Conditions pages. After the first year, Annual charges will be invoiced, this may be considered as a quarterly payment if preferred. Alert charges will be invoiced monthly or may be provided on an advance credit basis with an initial contribution of an agreed advanced amount for example £100 and any over payment carried forward as credit and any under payment Invoiced.

E. Changes to system Island Communications reserve the right to make changes or improvements or change the sources of individual component supply if required. Any such changes will be done only if necessary and should not affect the efficient operation of the system. Whilst the Island Environment Management system is reliable and requires the minimum of maintenance, any essential maintenance work will be carried out as required and every effort will be made to minimise service disruption. Every effort will also be made to carry out any planned maintenance during times of settled weather whenever possible. The Island Environment Monitoring system with all it’s components, integration and branding, is the property of Island Communications Ltd and may not be copied, marketed or re-badged without the prior written approval of Island communications Ltd.

Conditions of supply

1. The Island Environment Monitoring system is designed as a reliable and robust solution to help provide improved awareness of rising water levels. Due to many factors out-with the control of Island Communications, the Island Environment Monitoring system cannot be considered under any circumstances as a flood prevention system and Island Communications cannot in any way, be held responsible or accountable for any damages caused by flooding to any individual, property, creature or location howsoever caused.

2. It is important to state that whilst every precaution has been taken to ensure the reliable and efficient operation of the Island Environment Monitoring system, Island communications cannot be held liable or responsible for any fault or damage resulting from any situation which is out-with their control such as: wilful act of vandalism, accidental damage not caused by Island Communications, attempted removal or removal of equipment by any person out-with Island Communications or its authorised installers, extreme weather such as lightning strike and or loss of power supply, loss of local cellular coverage or any other situation such as an act of war, terrorism or event considered as an act of god.

3. Island Communications water Level Monitoring equipment is protected with fuses, regulators and anti-surge protection. We are unable to offer any guarantee against un-controlled high level power surge spikes emanating from Mains power supply or lightning strike although a very high level of protection is provided.

4. Certain aspects of the Environment Monitoring system rely on the availability of Cellular radio service. The Terms and conditions for the supply of Cellular Service are available at the following Web addresses: O2 Mobile Network: www.o2.co.uk Vodafone Network: www.vodafone.co.uk Orange: www.orange.co.uk Island Communications will allocate Cellular service based on the best availability of quality cellular coverage at the monitoring station location. Due to the nature of the Cellular Networks, Island communications cannot offer a 100% guarantee on data always being available on occasions where the local Cellular service fails due to a fault or other outage event. There may be occasions where Cellular networks are out of commission for short periods for essential maintenance or upgrade work. Such service disruptions on the Cellular networks are out with the control of Island Communications. Any such Cellular network outage or longer term downtime cannot be considered as a failure of the Island Water Level Monitoring or Early Warning System.

5. The Island Environment Monitoring System will function fully whilst there is a Cellular signal present to the unit's Sim card and power is provided and safeguards are built in to allow the system to work reliably during temporary loss of Mains power for up to a minimum of 5 - 7 days. Where Mains power is not available, it is possible to charge the monitoring station battery by solar panel options. Our solar panels will charge very efficiently by direct exposure to sunlight and will take a lesser charge level from bright daylight conditions. Solar panels may not charge fully during heavy overcast conditions with very heavy rain or snow fall however this situation is normally compensated when eventually conditions change and bright daylight or sun returns. Island Communications cannot guarantee Solar panel charging levels where weather conditions are such that occasional long periods of very overcast conditions prevail for sustained periods of many days with no sunlight. Solar panels whilst set at angles to catch sunlight could also be liable to cover by snow and ice which could adversely affect efficient charging of the system. Wherever possible, mains power stepped down to 12 volt working is always recommended. Solar panels may be occasionally wiped with a soft grit free sponge or cloth using fresh water. In certain rural locations, solar panel efficiency may be adversely affected by undergrowth, shrubbery or overhanging branches with leaves. During autumn, falling leaves may also pose a problem. It is therefore important for customers to have an occasional check of equipment at any location where the above may be of concern.

6. Island Environment Monitoring System is provided with a 12 month manufacturer’s guarantee on all main component parts which should be returned for inspection and repair. Call out requests are chargeable to cover time and travel. Where basic maintenance is requested and charged for, an annual check will be carried out and any components requiring repair will be replaced as required. Where no maintenance contract exists, requested repairs shall be carried out and charged for as well as travel and time related costs.

7. Island Environment Monitoring System is provided with operational instructions and a support desk is available Monday to Friday 09:00 to 17:00  e.mail: sales@islandcommunications.co.uk

8. Island Communications cannot accept responsibility for any costs or damages resulting from owner mistakes made in the operation of the management system or changes made on user programmable settings.

9. The hardware used in the Island Environment Monitoring System is well proven in a wide selection of mobile data applications. 12 months warranty cover is provided in the unlikely event of failure of the Main monitoring module. Where mains power is available, Anti-Surge protection is provided with the system and this must be connected at all times to protect the system. Island Communications cannot accept responsibility for any damage caused by a power surge where an Anti-surge device has been removed.

10. Warranty cover will be null and void if Island Environment Monitoring System equipment is tampered with by an unauthorised party. The only exceptions are: cleaning of equipment with fresh water which can be done at any time using a soft grit free cloth or sponge. A system re-set may be actioned by a customer with approval from Island Communications to assist in any situation that warrants such action. Customers may also clear snow and ice as required from the unit or its solar panel where provided at any time.

11. Island Communications shall not be liable to you for any failure or delay in performance of our agreement if it is due to an event beyond our reasonable control including, “Force Majeur” defined as; “any circumstances beyond the reasonable control of Island Communications ltd or its authorised suppliers and installers which prevent or impede the due performance of the supplied equipment known as Island Environment Monitoring System. This includes but is not limited to; Vandalism acts of God, war, industrial dispute, fire, flood beyond the limits the system is designed for, tempest and national emergencies and If so delayed, we shall be entitled to a reasonable timescale for performing such obligations.

12. These terms and conditions are subject to Scottish law and the parties agree to submit to the exclusive jurisdiction of the Scottish Courts.

13. All alert messages are chargeable per alert sent by the Island Environment Monitoring Management system. The charge will also apply to alerts sent to additional Mobile handsets or land lines if linked to monitoring equipment.

14. Each Island Environment Monitoring application provides a user name and password. It is the responsibility of each nominated administrator to ensure the user name and Password is protected to safeguard the application from unauthorised Web access. Island Communications will not release User Name or password to anyone other than the nominated administrator. Additional User names and Passwords may be provided on written request to Island Communications. This may be by E.mail from the nominated administrator and may be sent to the following e.mail address: sales@islandcommunications.co.uk

15. Island Communications cannot be held liable for any charges arising from the theft or unauthorised removal and use of the system or its internally fitted communications components including the sim card. In addition, Island Communications cannot be held liable for any Voice, Data or Text message costs out-with the proper operation of the Island Environment Monitoring application as a result of theft or misuse.

16. Upon confirmation of any theft incident, Island Communications reserve the right to cease service on the stolen unit to protect against unexpected costs to Island Communications or the customer.

17. It is the customer’s responsibility to include the Island Environment Monitoring system in any required Insurance cover if required.

18. Island communications and Installers will have access to customer’s system details and will treat this detail in strict personal and commercial confidence at all times under the guidelines of the data protection act.

19. Island Communications Ltd reserve the right to cancel any agreement where illegal or mis-use of the technology is proven to have taken place.

20. Island Communications will comply with authorised police requests for access to records relating to attempted theft or criminal activity on any equipment subject to customer approval. This data would otherwise be protected from sources out-with Island Communications or authorised dealers.

21. Details of any new developments or enhancements will be advised on the Website: www.islandcommunications.co.uk and by direct customer contact.

22. The Island Environment Monitoring solution may not be copied, re-badged or sold by any third party without the provision of a signed and accepted agreement.

23. It is fully acceptable for any supplied Island Environment Monitoring equipment to be transferred to a new location and Island Communications will be pleased to supply costs for the removal and re-installation if required. Customers may remove and reposition monitoring equipment with Island Communications prior approval without incurring cost. Care must be taken not to drop the monitoring station. Island Communications cannot be held liable or responsible for any resulting damage as a result of any removal or repositioning which is not carried out by Island Communications or its approved installers.

24. The minimum period of the management fee associated to the Island Environment Monitoring solution is 24 months. unless otherwise advised in writing. Service may be cancelled after serving the minimum term by providing 30 days written notice to terminate the agreement.