The Client agrees to be bound by the terms and conditions set out in this section and Parts 1 to 8 (inclusive) as relevant given the level of Service requested, accepted by the Provider and paid for by the Client in advance, during the Term of this Agreement.
The Client shall procure that Designated Person(s) shall fully comply with the terms and conditions of this Agreement as if they were similarly bound as the Client.
The Services set out in Parts 1, 2, 3 and 4 are subject to the terms, conditions and exclusions of the clauses in Part 6, Part 7 and Part 8 (and the relevant Part itself), and cover the Designated Person(s) against a Covered Incident stated in the relevant Part, occurring during the Term of this Agreement.
Where an incident which would otherwise be a Covered Incident, except for an exclusion or another reason preventing it from being so designated, the Client or Designated Person(s) may be covered, subject to the Client requesting that the Provider provide the Services subject to Part 5 and the Provider accepting to do so, in which case the Designated Person(s) will be provided with the Services set out in Part 5, subject to these terms and conditions and specifically Part 6, Part 7 and Part 8.
The maximum level of cover provided by the Provider shall not exceed the limits set out in Part 6.
Access for the Client to the Provider’s traveller tracker and travel security management service via online portal (Portal) and mobile app (App) respectively. The Portal provides country risk intelligence drawing on a range of open and privileged sources. Designated Person(s) can access security and geopolitical intelligence on current and future threats worldwide. Specifically, the Services provide the following key features:
1 Global Map
The global map feature of the Portal gives the Client the ability to view a global map (Global Map) of:
2 Risk and Country Intelligence
The Portal has the following messaging capabilities:
The CloseCircle App is only currently available on iOS devices, from version iOS 9 and above, and has the following key functionality
At the time of writing the Client can only view the location of your Designated Person(s) on the Provider’s Portal, but very soon additional functionality will be added to enable the Client to be able to check their locations via the App too.
The Provider’s Global Operations Centre will use reasonable endeavours to provide:
In accordance with these terms and conditions, the Provider delivers a range of services designed to keep Designated Person(s) safe in the event they are in danger due to a range of emergency and security incidents including terrorist incidents. In the event a Designated Person is in danger due to a Political Evacuation, Natural Disaster Evacuation or a Crisis Response Covered Incident the Provider will act rapidly to assist the Designated Person(s). At this point the Provider will determine the best course of action which includes evacuating Designated Person(s) subject to these terms and conditions.
All this is coordinated by our experienced in-house crisis management and emergency response experts and security analysts as well as our network of vetted in-country emergency response teams.
In accordance with these terms and conditions, the Provider will deliver services against the following, which are defined as “Covered Incidents” during the Term of this Agreement to the Client:
The Provider will pay the Reasonable Expenses incurred in the Evacuation or the Hibernation of the Designated Person(s) if the Designated Person(s) require Emergency Political Evacuation.
Natural Disaster Evacuation
The Provider will pay the Reasonable Expenses incurred if the Designated Person(s) require emergency Evacuation following a Natural Disaster, which makes their location Uninhabitable or due to an Impending Natural Disaster at the Designated Person‘s location.
Return of Deceased Remains
Subject to an event triggering a Covered Incident as a result of either Political Evacuation, Natural Disaster Evacuation, or Crisis Response, the Provider will pay the Reasonable Expenses incurred in the Return of Deceased Remains to the Designated Person‘s Home Country if the Designated Person dies during a Covered Incident.
The Crisis Response service is designed to provide worldwide assistance to Designated Person(s) in the event they are in danger due to being involved in a wide variety of incidents, subject to these terms and conditions. Subject to these terms and conditions, once the Provider’s Global Operations Centre identifies that a Designated Person is involved in an incident it will move rapidly to provide assistance and to protect that person.
Subject to a Kidnap, Hijack, Disappearance, Wrongful Detention, Extortion, Violent Crime, Terrorism and/or Man-made Disaster, the Provider will pay the Reasonable Expenses incurred by the Client in the rendering of assistance and the temporary protection of the Designated Person(s) for a period up to (but not exceeding) sixty (60) consecutive days from the date the Covered Incident occurred. Subject to the terms and conditions, the Crisis Response service covers Designated Person(s) worldwide, including in their Home Country.
For further information on the situations covered by the Crisis Response service please refer to the definitions contained in Part 8 General Conditions.
In addition to the features of standard CloseCircle in this Agreement, where the Client has opted for the premium CloseCircle service, the Designated Person(s) shall also receive the following Services:
Premium CloseCircle Designated Person(s) will receive a single on-site visit (minimum of four (4) hours on site, maximum of eight (8) hours) to any major city in the world by the Provider’s specialist risk consultant to conduct a lifestyle audit and deliver security training to all Designated Person(s) – a precise agenda will be agreed between the Client and the consultant in an initial introductory call. The findings and recommendations from the visit will be documented in a summary report. All reasonable travel costs for the consultant to and from the destination are included in the Premium CloseCircle price.
A LIFESTYLE AUDIT
The lifestyle audit shall consist of the following key elements, depending on Designated Person(s) preference:
The training programme (minimum of two (2) hours, maximum of four (4) hours) is flexible and shall be agreed in advance of the visit. The programme will be based on areas of interest specific to the Designated Person(s) with choice from the following topics (which may be subject to change):
C WRITTEN MATERIAL
The consultant will provide the following material following the visit
Access to the Provider’s Travel Risk Management E-Learning platform for all Designated Person(s).
The platform provides key safety strategies and tips to enhance personal safety and assist with the protection of confidential information and assets. Modules include; travel security awareness, information security abroad, avoiding bribery and corruption, coping with critical events/natural disasters, kidnap for ransom, and female traveller:
A pass certificate is issued upon completion of the e-learning course.
E ACCESS TO SPECIALIST RISK ADVISORS
Under the premium version of CloseCircle, Designated Person(s) receive access to the Provider’s Global Operations Centre and specialist team of risk consultants (via phone or email) who can provide bespoke query response, advice and assistance (subject to reasonable usage determined in the Provider’s sole opinion).
GLOBAL OPERATIONS CENTRE 24/7 SECURITY SUPPORT & OVERWATCH
If an incident is not a Covered Incident under the terms of this Agreement, but security assistance or an Evacuation is still requested by the Client the Provider can provide any of the following services, however Case Management Fees will apply in all instances:
Case Management Fees
Case Management Fees are the fees charged by the Provider, in addition to the Fees for the Retained Services, in respect of any Non-Retained Services provided to the Designated Person(s).
Where Non-Retained Services are required, the Provider shall provide to the Client a quote setting out the basis on which it will charge for the Non-Retained Services provided by the Provider and its network of suppliers and subcontractors (Case Management Day Rates). Unless otherwise indicated in the quote, the costs of the Provider’s own personnel included in the quote will be charged at the following rates, which apply every twelve (12) hours (unless otherwise stated) and are charged in twelve (12) hourly increments (rounded up to the nearest twelve (12) hour period):
Case Management Day Rates
Fee (per 12 hour)
K&R Specialist responder
K&R Specialist 1st assessment call (per call)
K&R Specialist subsequent calls (per call)
Deployed Response Operative
Provider Response case management
The Client’s acceptance of the quote will bind the Client to pay the Case Management Day Rates and the External Costs and Expenses on the basis set out therein.
External Costs and Expenses may include (without limitation):
The Provider will apply and charge to the Client an uplift of (ten per cent) 10% on the External Costs and Expenses.
Any Non-Retained Services for which Case Management Fees or External Costs and Expenses will be incurred shall require payment in full in advance by the Client to the Provider before Services are commenced. Case Management Fees will be calculated on an estimated basis, should actual fees vary any additional fees will be chargeable to the Client as soon as they become apparent and before the additional services are provided. In the case of a refund where actual fees are lower than estimated, the refund to the Client shall be provided upon completion of the Service.
All amounts quoted in this Agreement are exclusive of amounts in respect of value added tax, local taxes, withholding tax or any similar tax, deduction or withholding applied in any jurisdiction which shall be payable by the Client in addition.
Limited per Designated Person
Natural Disaster Evacuation
Return of Deceased Remains
The following territories are deemed HIGH RISK TERRITORIES for the Services contained within this Agreement:
• North Korea
Words and phrases have the following meanings throughout these terms:
Bodily Harm means physical injury to a Designated Person(s) caused solely and directly by violent means.
Client means the individual(s) listed on the Provider’s Portal as the Administrator.
Designated Person(s) means the Client and the Designated Person(s) stated by the Client on the Provider’s Portal.
Disappearance means the complete and unexpected loss of contact with a Designated Person for a period in excess of forty-eight (48) hours.
Emergency Political Evacuation is an Evacuation necessitated by:
An Evacuation Advisory; and/or
A Designated Person(s) being expelled or declared persona non grata on the written authority of the recognised government of the Host Country; and/or
The Political and Military Events in the Host Country have created a situation in which the Designated Person(s) is in danger of imminent Bodily Harm, (as determined by the Provider in accordance with the Host Country and/or Home Country authorities), to the extent that the Designated Person(s) should be removed from the Host Country; and/or
International airlines not flying into the area of the Host Country for twenty-four (24) hours or more due to the security situation in the Host Country and there is no foreseeable change in this situation.
A Designated Person(s) being directly involved in, or witnessing an act of Terrorism and/or being based in accommodation which is within three (3) miles of the act of Terrorism when the said act takes place.
Evacuation is the transportation of the Designated Person(s) from the Host Country to the nearest place of safety, as determined by the Provider and then if required to:
their Home Country; or
the location where the entity that sponsored the trip is either based or runs an alternative facility; or
the Host Country, if the Provider deem it appropriate.
Evacuation Advisory means a formal recommendation issued by a Government Authority that categories of persons which include the Designated Person(s) should leave the Host Country due to Political and Military Events.
Extortion means the making of illegal threats, either directly or indirectly, to a
Designated Person to:
kill, injure, or abduct a Designated Person;
pollute or cause physical damage or loss to Property owned or leased by the Designated Person; or
disseminate, divulge or utilise any personal, private, or confidential data;
by persons who then demand a Ransom as a condition of not carrying out such threats.
Family for membership purposes means a group of up to six (6) persons belonging to the same family
Government Authority means the appropriate government entity, Department, Office or Embassy, of which the Designated Person(s) is a national that is responsible for foreign affairs.
Hibernation means remaining in the Host Country or in a place of safety chosen by the Provider.
Hijack means the attempted or actual illegal holding under duress of a Designated Person for a period in excess of three (3) hours while travelling in or on any aircraft, motor vehicle, railway train, or waterborne vessel or any other form of public or private transport.
Home Country is the Designated Person(s) country of citizenship and/or the country where the Designated Person(s) maintains a primary permanent residence.
Host Country is the country, or region within that country, which the Designated Person(s) has travelled to on a trip or is resident in as an expatriate, and which is not the Designated Person(s) Home Country.
Impending Natural Disaster means the issuance by the local authorities of the Host Country, during the Service Term of the Agreement, of:
a tsunami warning, recommending that the public evacuate or move to high ground because a tsunami is expected within the next twelve (12) hours; or
warning of Level 4 hurricane winds (of 130-156mph or above), recommending that the public evacuate or move to hurricane shelters.
Kidnap means any event or connected series of actual, attempted or alleged events of seizing, detaining or carrying away by force or fraud, of one or more Designated Person(s) for the purpose of demanding Ransom as a condition of release of the victim.
Limits of Liability is the maximum amount of reimbursement the Provider will pay as stated in Part 6.
Man-made Disaster means deliberate or negligent human actions directly and principally caused by one or more identifiable disastrous events.
Natural Disaster means an event of natural occurrence, being earthquake, volcanic eruption, tsunami, snow, rain, hail, lightning, flood, wind, hurricane, windborne dust or sand, wildfire, that results in widespread and severe physical damage to property such that the government of the Host Country issues an official disaster declaration and determines the affected area to be Uninhabitable. In no event shall a Natural Disaster be deemed to apply to a marine vessel, ship or watercraft of any kind.
Political and Military Events means:
war, civil war, civil unrest, military uprising, rebellion, revolution, insurrection, riot or a nuclear, biological, or chemical occurrence directly caused by an act of terrorism; and/or
a coup d’état occurring in the Host Country.
Property means buildings (including fixtures, fittings, works of art and other contents), plant and equipment fixed or mobile (including vessels and aircraft), bloodstock and livestock owned or leased by a Designated Person.
Provider means Drum Cussac Group Limited.
Ransom means cash and/or marketable securities, goods, or services surrendered or to be surrendered by or on behalf of a Designated Person to meet a Kidnap or Extortion demand.
Reasonable Expenses shall be the costs incurred by the Client (or by a Designated Person where the Client is liable to reimburse such costs) for:
travel at economy fares unless, unavailable, impractical or travel by other means is essential to avert imminent Bodily Harm or to comply with the time allowed to leave the Host Country pursuant to the orders of the recognised government of that Host Country;
accommodation and subsistence costs incurred during the Evacuation, for a maximum period of fourteen (14) days, unless Evacuation from the Host Country has been impossible, or it is deemed by the Provider that the Designated Person(s) are safer in Hibernation, in which case the maximum period that costs will be paid is sixty (60) days;
the provision of Services during the Covered Incident.
Return of Deceased Remains is the return of a Designated Person(s) to his or her Home Country in the event of their death as a result of Bodily Harm occurring as a result of a Covered Incident in Political Evacuation, Natural Disaster or Crisis Response.
Services shall be the rendering of assistance and the temporary protection of the Designated Person(s) for a period up to but not exceeding sixty (60) consecutive days from the date the Covered Incident occurred.
The Term shall be one (1) year of continuous operation of the Service from the date of commencement of the Service with the given Client, subject to earlier termination in accordance with this Agreement and automatic renewal on an annual basis until terminated.
Terrorism means an act or series of acts, including the use of force or violence, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s), committed for political, religious or ideological purposes including the intention to influence any government and/or to put the public in fear for such purposes.
Uninhabitable means the Designated Person(s) Host Country location is deemed unfit for residence, as determined by the Provider in accordance with the authorities of the Home and/or Host Country, due to a lack of habitable shelter, food, heat and/or drinking water and no suitable accessible alternative housing is available within ten (10) miles of the Designated Person’s location.
Violent Crime means a physical attack upon a Designated Person by a person that is armed with a Weapon and results in Bodily Harm to the Designated Person.
Weapon means an instrument or explosive device that is used by the perpetrator to injure, kill or incapacitate a person.
Wrongful Detention means the holding under duress of a Designated Person for a period in excess of six (6) hours for whatever reason and whether by authorities legally constituted in the place of custody or by others.
The governing law of this Agreement and any dispute arising in connection with or in relation to this Agreement shall be the laws of the England and Wales, and it shall be subject to the exclusive jurisdiction of the courts of England and Wales.
If the Client or a Designated Person has concealed or misrepresented any material fact or circumstance relating to this Agreement, this Agreement shall become void. If the Client is unsure what constitutes material fact(s) or circumstance(s), they should consult the Provider.
All legal actions arising under this Agreement shall be barred unless written notice thereof is received by the Provider within one (1) year from the date of the event giving rise to such legal action coming to the attention of the Client.
The Client shall procure that the Designated Person(s) follow the advice of the Provider (and where appropriate the security personnel) at all times. The Designated Person(s) shall have up to five (5) days to agree to evacuate, should an Evacuation be triggered by the Provider.
The Client shall procure that the Designated Person(s) are obliged to advise the Provider immediately of any situation that may give rise to a claim or as soon as reasonably possible thereafter. The Designated Person(s) must also provide the Provider and the Client with all the assistance and information requested in a timely manner.
In respect of the definitions of Home Country and Host Country, it is noted that The United States of America consists of the fifty (50) states and Washington, D.C. The following US Territories and Possessions may be considered a Host Country or Home Country in their own right and are not included within the definition of The United States of America:
American Samoa, Guam, Marshall Islands, Micronesia, Northern Mariana Islands, Palau, Puerto Rico, US Virgin Islands, Wake Island, Baker, Howland, Jarvis, and Midway Islands, Johnston (and Palmyra Atolls) and Kingman Reef, Navassa Island, and Swains Islands.
The Provider shall not be deemed to provide cover and the Provider shall not be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose the Provider to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom or United States of America.
The Provider shall not cover any Services or be responsible for any costs or expenses arising from an event, attributable to or in connection with:
whether acting alone or in collusion with others.
The Client undertakes that payment for the Services shall be made in full, in cleared funds and in advance to the Provider before the commencement of the Service.
CloseCircle and any related intellectual property and/or software may not be sold, licenced, decompiled, reverse engineered, commercialised in any way or provided to any third party without the prior written approval of Provider. Access may not be provided to any user that is not a Designated Person.
Commentary and other materials posted on Provider’s and CloseCircle’s sites are not intended to amount to advice on which reliance should be placed. Provider therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the sites, or by anyone that may be informed of any of its contents.
The Designated Person(s) will take all reasonable steps to ensure that the information technology systems used to access and receive the Services are free from viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful (“Malicious Software”), and will not transfer Malicious Software to the systems used to provide the Services.
Upon discovery of a potential or actual event or incident which may give rise to a Covered Incident the Client shall immediately contact the Emergency 24-hour Crisis Line on :UK: 0044 2039 486 842
USA: 001 6468 441 032
Or via the mobile App “Call” button.
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