IMPORTANT - You should read this carefully
Once you have signed this agreement the following will apply:
You will legally have to keep to its terms. You should read it carefully before signing. If there is anything that you do not understand, please ask before you sign.
You confirm that you have read and understood the terms and conditions in this document that are part of this agreement.
You have acknowledged that your details (and those of your keyholders) may be held on the police, fire or other authorities computer files under the conditions of the Data Protection Act 1998. You must tell us of any changes in such details immediately. We have the right to share your details with credit reference agencies so we can assess our credit risk, See also condition 11.3.
You must continue with this agreement for the time laid out in the fixed period.
Limitations of liability
Only the Customer knows the value of the premises, its property and contents. We do not and cannot be an insurer of the premises and its contents and our charges are in no way related to their value. The fire and security industry is unique having regard to the relatively low cost of the services and the high values that can be at risk. For this reason, we limit the amount of our liability and the most we are prepared to pay for any loss will be no more than twelve times the amount of the monthly service charge (excluding VAT) paid by you for the system in the 12 month period immediately prior to the time of the loss. You should also read condition 6. If you wish to increase this limit, you will have to pay an extra charge so we can arrange the appropriate insurance cover for the extra liability, the level of which has to be agreed. In such case, you will have to give us any information our insurers may need.
To be classed as an approved contractor of The Security Store UK Limited, you must have completed our official trade application form. In addition, routine vetting (as per BS7858, Vetting of Staff Employed in a Security Environment) must have been completed and passed. Vetting includes police checks at 6-month intervals. Once classed as an approved subcontractor, you will be able to order services as an "Agent" from us on behalf of the Customer. The Customer will then become the client of The Security Store UK Limited for the services ordered.
Reactive Maintenance and/or Service Inspections (if Included)
The optional Reactive Maintenance service that we will provide covers the following:
Visits during normal working hours to the premises for any repairs that are found necessary as a result of equipment malfunction.
Remote resets: i.e. where we reset the system over the telephone, or by remote connection, which does not require a visit to the premises by one of our technicians.
We do not cover visits to the premises for:
Any repairs as a result of normal wear and tear of the system parts or consumables (such as batteries);
Accidental or malicious damage;
Calls to the premises at any hour of the day to isolate a circuit or device that could be isolated remotely from our office;
All other visits to the premises
Note - except where any of the circumstances in condition 8 apply.
The optional Annual Service that we will provide covers the following:
1x routine inspection visit to the system by us during normal working hours.
1x routine remote Service inspection to the system by us during normal working hours.
Terms and Conditions
1. What we do (depending on the services that have been ordered)
We will carry out the routine inspection visits to the system during normal working hours as set out in the specification.
We will repair the system during normal working hours when you ask us to do so. We will not charge you for the repair if it is covered by our guarantee in condition 5 or by the service level you have chosen. You must pay for all other visits - see conditions 8 and 9.
If you ask us to do so, we will visit the premises outside normal working hours. There will be an extra charge for this.
After the start date, there may be a delay while:
The telecommunications links between the premises and the Alarm Receiving Centre are set up and activated; and
Any test period set by the police or other authority is completed to their satisfaction; and
The Company is satisfied that the system is being used in a proper manner that will minimize false activations. During this period, our ability to respond to signals we receive from the system at the Alarm Receiving Centre will be limited.
After the period referred to in condition 1.4, we will deal with the signals we receive from the system at the Alarm Receiving Centre as referred to in the specification (if one is supplied) or by our standard terms of monitoring service.
If you do not have and/or keep the approval of the fire service, police or other authorities under condition 2.1, we will only provide that part of the services which does not need this approval.
2. What The Customer must do
The Customer may need the approval or permission from the fire service, police or another authority to allow us to provide the services. The Customer must also:
Make any necessary agreement with these authorities;
Provide any information they need;
Pay for the relevant approval or permission;
Meet the requirements of any of these authorities at all times to maintain their approval;
Tell them if any information The Customer has given them changes (this must be in writing). And;
If any approval is amended or ends, The Customer must write to us as soon as The Customer finds out.
The Customer must also do the following:
Give us access to The Customer premises so that we may provide the services for the system and to allow us to disconnect the system after this agreement has ended.
Use best efforts to make sure that The Customer premises are safe and without risk for our employees and agents to do what we must do under this agreement. The Customer must also warn us about any known risks and any hazardous materials at The Customer premises.
Provide and maintain a dedicated 240-volt AC power supply to each part of the system and sound electrical earthling connections where it is required for us to carry out the services. The power supply must be installed by an approved electrician to the relevant regulations and must be safe. A certificate should be issued by the fitting electrician for each point to confirm this.
Provide information about The Customer, The Customer premises, The Customer keyholders and any other relevant information so we can provide the services. The Customer must write to tell us of any changes to this information within 24 hours of a change taking place.
Notify The Customer keyholders that we will contact them and may need to write to them.
Operate the system according to the requirements of the specification and any instructions and users handbook we issue to you or The Customer from time to time.
Test the system at regular intervals to confirm that all features are working correctly. If these tests involve triggering the system, The Customer must notify the Alarm Receiving Centre prior to the test to prevent calls from being passed to the authorities.
Be responsible for and compensate us against all liabilities, claims, losses or expenses we suffer if caused:
Because of The Customer or others have damaged or not used the system according to the specification or operating instructions;
Because of The Customer or others inhibiting a systems operation by isolating points from a program or obscuring detectors coverage areas or ability to function;
As a result of the connection of the system to any equipment or device not supplied by us (such as building automation, telecom, mobile networks, internet or third party control systems); or
As a result of the events referred to in condition 6.4(b).
Paragraph (g) above does not affect our liability under condition 6.
Tell us at once:
Of any defect or fault in the system;
If anyone tampers with the system;
If any part of the system is damaged or stolen; or
If the system has been subject to any unusual operating or environmental conditions.
The Customer must pay any telephone, electricity and other utility bills, which the system requires so that the services are not affected.
Complete the logbook that we supply, giving details of every activation or event affecting the system, including false alarms.
Notify us in writing if The Customer wishes to keep any parts of the systems that we replace: otherwise, we will immediately dispose of all replacement parts.
Keep any CCTV lenses and monitor screens clean and free from dust and grime to enable them to work satisfactorily.
3. What The Customer must not do
The Customer must not interfere with or attempt to repair the system or allow others to do so.
The Customer must not transfer or assign any of The Customers rights or obligations under this agreement without prior written consent of the Company.
4. The purpose of the system
The system is designed to reduce the risk of loss or damage to your premises so far as this can be done by the use of this type of equipment. However we do not guarantee that the system cannot be removed, tampered with or made to stop working by you, The Customer or by any unauthorised person. If this happens, we are not responsible for any losses The Customer may suffer directly or indirectly.
We do not guarantee to The Customer that:
Particular losses or injuries will be prevented by using the system; or
That the system will work continuously and without errors, in particular where interruptions or errors are due to something beyond our reasonable control.
The system, like all mechanical and electronic devices, can develop faults.
We do not know the value of The Customer premises or its contents and the purpose of this agreement is not to act as insurer of your premises or your contents.
5. Our guarantee
We guarantee that we will repair faults in the system free of charge whilst The Customer continues with any maintenance plan. This guarantee does not apply to the matters stated in condition 5.2 and 5.3.
The guarantee in condition 5.1 does not apply to equipment installed at The Customers premises prior to you signing this agreement.
The guarantee does not apply to faults caused by the following:
Consumable items of all kinds failing. Consumables are items with a finite life such as batteries and communications chips.
Work carried out by police, fire or other authorities, or by any telecommunications agency or other party.
The circumstances referred to in condition 8.5 to 8.8.
Accidental or malicious damage.
Acts of War or God.
6. Our liability to The Customer
During the period referred to in condition 1.4, we are not responsible for any part of the services that we are not then able to provide.
We accept responsibility for death or personal injury caused by our failure to take reasonable care or to use reasonable skill. For all other liability, the most we will pay for loss of any other kind will be no more than 12 times the amount of the monthly service charge (excluding VAT) paid by you or The Customer for the system in the 12 month period prior to the time of the loss. We have worked out the amount of the service charge based on this limit of liability.
If this agreement covers more than one system, the calculation of the limit of liability in condition 6.2 (a) will be based on the amount of the service charge for the system giving rise to the liability.
Apart from the responsibility accepted by us under condition 6.2 for death and personal injury, in all other situations we do not accept responsibility for any indirect loss that depends on us having special knowledge of The Customers affairs that we would not normally know, even if the loss is due to our fault.
We are not responsible for the following:
Loss due to the acts or neglect of any other person including The Customer, the provider of the telephone or mobile (cellular) line, Internet/Broadband, RedCARE or other type of communications technology, a police, fire or other authority or individual. None of these is our agent for any purpose.
Delays, interruptions or suspensions in providing the services, which are due to any person or company (including The Customer), thing or event which we could not reasonably be expected to prevent.
Loss due to the fact that equipment or cabling not supplied by us is connected to or installed near to the system.
Losses resulting from:
(i) The police, fire or other authority failing to act in accordance with emergency response;
(ii) A signal being transmitted to the Alarm Receiving Centre not being received by us for reasons beyond our control;
(iii) The failure of any cables or wiring installed within the fabric of the premises or buried underground prior to the start date;
(iv) The activation of a circuit breaker which affects the power supply to any part of the system; or
(v) Any other causes beyond our reasonable control and not caused by our lack of reasonable care.
Losses due to The Customer failing to follow our recommendations in condition 7, or given at any time for additions, repairs or any work required to the system.
Losses outside the purpose of the system in condition 4.
Damage unavoidably caused to decorations, fittings and the like at the premises as a result of our providing the services.
Our responsibility stops if the agreement is brought to an end or the services are suspended under condition 10.
7. Our recommendations to The Customer
Because of the purpose of the system in condition 4, the limits of the guarantee in condition 5 and the limits of our responsibility to The Customer in condition 6, we strongly recommend that The Customer should take out separate insurance to cover The Customer premises and the persons at and the contents of The Customer premises.
We recommend that The Customer only use one telephone line for the system (a dedicated alarm line) and that The Customer use an enhanced signalling system, which is designed to detect line faults, line cuts or tampering with a telephone line.
Where we have to remove detectors from the premises for cleaning or maintenance purposes, we recommend that you keep a stock of detectors at the premises to enable the system to function without interruption.
8. What will it cost you
You are responsible for the charges laid out in this agreement. The charge listed is inclusive of VAT for domestic customers. The charge is excluding VAT for business customers. VAT is payable by you at the current rate and is subject to change.
After the first year from the start date and in the years following, we can increase the service charge to cover an increase in the cost of providing the services. We will tell you in writing of the increased amount that will take affect from the anniversary of the start date.
If you do not agree with the increase, you have one month from the date of receiving our notice of increased charge to end the agreement by giving 1 months notice. Notice should be given as per condition 10.2. Until the end of that notice period, you will still have to pay the service charge without the increase and we will continue to provide the services.
The telecommunications charge may be changed to cover any increased cost to us of providing or changing the telecommunications services relating to the monitoring of the system. The telecommunications charge may also be changed to cover any increased cost imposed by the police, fire or other authority or by a telecommunications agency or other organization.
You are also responsible for the following extra charges:
Installation and Rental charges for connection facilities between the system and the Alarm Receiving Centre.
Taxes, fees, charges or false alarm assessments set by the police, fire or other authority due to the installation or operation of the system.
Any extra charges or charges for work done by police, fire or other authorities or by any telecommunications agency or other party.
You must also pay us extra charges at our rates for labour and materials current at the time where the following apply:
Faults are caused by you, The Customer or any other person, thing or event that we could not be reasonably expected to prevent.
The specification or comprehensive service level says that there will be a charge.
You ask us to change the system or we need to change it because of changes in The Customer premises.
You or The Customer break one of the conditions of this agreement.
You or The Customer ask for help from us under the guarantee in condition 5, but the guarantee does not apply.
Any replacements, repairs or modifications to the system are needed but are not covered by the guarantee or by the services, or are needed as a result of a change in a relevant standard or regulation governing the system.
You or The Customer ask us not to carry out tests on any part of the system that involves us in additional work.
The storage vessels that form part of the extinguishing part of the system need testing, handling, transportation, recharging and reinstalling.
The external wiring on the outside of the premises, or any wiring installed within the fabric of the premises or buried underground prior to the start date, need inspecting, repairing or replacing.
The system needs inspecting, resetting, repairing or replacing in circumstances where:
You, The Customer, The Customer key holder or someone else has failed to follow operating instructions, has not locked, closed or secured a window, door or other protected point, has not used or adjusted the CCTV, other equipment or components properly or has interfered with the system;
You, The Customer, or equipment or devices that we have not supplied, or equipment that was installed at The Customer premises prior to you signing this agreement, have caused a false alarm or a failure to the system;
Your actions or failures, or those of anyone else other than us, mean we need to inspect or make repairs or replace any part of the system;
Rodents, other animals or insects cause damage to or activation of the system;
There is a problem on the telephone line, internet, mobile signal or connection;
Adverse weather conditions or adverse industrial atmosphere cause damage to or activation of the system;
A full insulation or continuity test of wiring is required; or
Extinguishing liquids or gas or propellant cartridges are discharged for whatever reason.
Chemicals or fluids required for the operation of the system are released through or depleted as a result of the required testing procedures or as a result of normal operation (including false alarms).
Chemicals or fluids required for the operation of the system reach the manufacturers use by date and require replacement.
Faults arise in the system as a result of work carried out by police, fire or other authorities or by any telecommunications agency or other parties.
Unless we agree to do so, the charges do not include any work involving carpet laying, concealing cables, redecorating, replastering, building or carpentry work.
There will be an additional charge if:
The Customer does not provide full access to the areas where our engineers carry out the services; or
You or The Customer fail to supply a reasonable level of lighting or scaffolding, hoists or other suitable lifting material (as referred to in condition 2.2 (a)), As a result of which we incur extra time or expense.
Whilst we will make every reasonable effort to work with you, The Customer or others, any interruptions or delays caused by you, your staff, customers, The Customer or others may result in additional charges.
If this agreement is brought to an end under condition 10, the following will apply:
You will owe us the charges and any other money due to us but not paid at the end of the agreement;
Unless the agreement is brought to an end under condition 8.2 (b), 10.1 or 10.3, you will also owe us, as a reasonable estimate of our losses, an amount equal to the service charge that would be due until the earliest date when the agreement could have ended on you giving notice.
We may also take further action against you if you have broken this agreement.
The Customer are responsible for any telephone charges that are as a result of the use, testing, service or maintenance of the system. These may be local rate, national rate or premium rate. Telephone charges will not exceed £1.50 per minute for landline calls although are subject to change by giving prior written notice as laid out above.
You must pay the service and telecommunications charges monthly in advance by standing order.
You must pay the extra charges under condition 8 either on completion (for work carried out) or within 14 days of the date of our invoice or request for payment.
You must pay all other amounts within 1 calendar month of the date of our invoice or our request for payment.
We expect you to pay promptly. If payment is overdue, we will charge you interest, from the date of our invoice or when we ask for payment until the date you pay, at 3% over the base rate of LLOYDS Bank plc. We may send payment reminders, default notices or legal letters and charge for these. A current scale of charges is available on request.
We do not accept post-dated cheques.
10. Ending or suspending the agreement
We may end this agreement by giving you at least 1 months' notice in writing at any time.
You may end this agreement by giving us at least 1 months' notice in writing to expire at the end of the fixed period or on a subsequent anniversary of the start date. This notice must be sent to our registered head office address and sent by recorded delivery.
You or we may end this agreement immediately if:
The Alarm Receiving Centre is destroyed or so badly damaged that we cannot reasonably continue to provide the services;
We cannot arrange or keep the telecommunication facilities needed to transmit the signals between The Customer premises, the Alarm Receiving Centre and any police, fire or other authority.
We may either end this agreement or suspend the agreement for a period we consider appropriate if any of the following apply;
You fail to make payment under condition 9.
You or The Customer commit a serious breach of this agreement, or one that has serious consequences.
You or The Customer commit any breach of this agreement that can be corrected by you, and you do not put matters right within 30 days of our telling you that you have broken the agreement and must put it right.
If you enter into any kind of arrangement or settlement with your creditors or if a receiving order or administration order is made against you, or if an order is made or you pass a resolution for winding up or you are dissolved.
If any legal proceedings are taken against the system or your premises or any part of the premises.
If you fail to follow any recommendation we make for repairing or replacing faulty or old parts of the system, or for repairs to your premises that we consider necessary for the system to work properly, or to prevent unnecessary damage to the system.
If you or The Customer do not follow the operating instructions or if, for any other reason that is or should be within your control, there are an excessive number of false alarms.
If you or The Customer change your premises in such a way that we believe it is no longer practical for us to carry on providing our services.
If the police, fire or other authority take away their approval, or will only give their approval depending on condition, which we believe make it no longer practical to carry on providing our services.
If we give you written notice of suspension, this suspends what we have to do under this agreement (see condition 1) and we have no responsibility until the suspension is lifted or the agreement ends. We will tell you in writing if we lift the suspension.
If the agreement ends, we will stop providing our services [and we may disconnect the system to prevent signals being transmitted to the Alarm Receiving Centre].
You may not end this agreement after a period of 7 days following signing the agreement, unless covered in the above conditions.
If the agreement ends due to a breach or terms as detailed in this document, we may contact The Customer directly to arrange continuation of services with no further reference to You.
We may hand over all our responsibilities under this agreement to another company or transfer any rights under it. We may also employ others to carry out our tasks. This will not reduce your rights under this agreement. If we incur liability to a sub-contractor or other third party in relation to the services that is in excess of our liability under condition 6, you shall indemnify us against that excess.
If you have made this agreement together with someone else, you are liable both jointly and individually to us.
Data Protection Act 1998. We may pass on the information you have given to us under this agreement to any police, fire or other authority and, except for security details, to any credit reference, debt collection or public telecommunications agency.
This agreement is governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.
We intend that all conditions of this agreement are in this document and the specification.
If you or we want to change the conditions of the agreement, if must be done in writing and signed by you and by one of our directors.
If we do not insist on the strict conditions of this agreement, we may still enforce all the conditions against you on other occasions. If you break a condition and we do not take any action against you, it does not mean that we will not take action against you if you break it again or continue with the same breach without putting it right, or if you break any other conditions.
If a court finds that any part of the agreement is not enforceable but can be kept separately from the rest of the agreement, this will not affect the remainder of the agreement.