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Our Terms And Conditions
of Business.
1
DEFINITIONS
"THE
COMPANY" is Day2Day Security
Services Ltd which also t/as ITS Fire & Security., and is the
organisation responsible for the design, installation, maintenance
and/or monitoring of the installation which is the subject of this
Contract sometimes referred to as "our" or "we" in these Terms and
Conditions.
"THE
CUSTOMER" is the person, firm
or organisation being a signatory to this Contract sometimes referred to
as "you" or "your" in these Terms and Conditions.
"THE
PREMISES" are the Premises set
out in the Specification.
"THE
INSTALLATION" is the installed
system defined in the Specification.
"INSTALLATION STANDARD" is the
standard to which the equipment is to be installed and/or maintained,
together with any other formal requirements stipulated as a condition of
the regulatory body by which the Company is approved.
"CONTRACT" means the
Quotation, System Design Specification, Maintenance and Acceptance
together with these Terms and Conditions.
"SYSTEM DESIGN SPECIFICATION"
means the design specification which defines the level of protection,
surveillance or access afforded by the security Installation. It is an
integral part of this Contract.
"QUOTATION" means the proposed
price for the equipment its installation and/or maintenance and
monitoring as itemised in this Contract.
"ALARM RECEIVING CENTRE" (ARC)
means a continuously manned remote centre
to which alarm activations and/or video data are signalled and passed to
the relevant response authority (e.g. police. fire brigade, key holder).
Such Centres are Independent from, albeit chosen by our Company and
carry their own Insurance should they fail to deal with any received
signals as per DD243 etc. We endeavour to choose the most cost effective
solution available which helps keep our costs to you under control,
without loss of service. Such service providers maybe changed by us
without notice.
"HANDOVER DATE" means the date
on which the Installation is completed (notwithstanding that connection
of any remote signalling is outstanding) and the Handover Completion
Certificate has been signed.
"PREVENTATIVE MAINTENANCE"
means the routine inspection of the Installation to verify that it
continues to function in accordance with its Specification and to
identify and rectify any items found faulty, worn or in need of
scheduled replacement.
"CORRECTIVE MAINTENANCE" means
the investigation and repair of faults reported by the Customer.
including false alarms from intruder alarm systems.
“INSURANCE”,
The Company Carries limited Insurance in
connection with its business, amounts may vary without notice but
currently the Company has a limited liability of £10m each for public
and employer liability Insurance. The Company is also insured for
efficacy.
“SSAIB”,
this Company is regulated by the Security
Systems Alarm Inspection Board who can be contacted directly on T:0191
2963242, or E:ssaib@ssaib.co.uk. This regulatory authority has a formal
complaints procedure and inspects this Company Annually to ensure
compliance.
2
GENERAL
Issuing an Instruction to the Company for
work is a ‘Contract’ and signifies the acceptance of these Terms and
Conditions along with any other requirements defined in the Design
Specification. For the purposes of interpretation, where the
requirements of the Specification conflict, with any clauses of these
Terms and Conditions, the Specification requirements shall take
precedence. All other terms and conditions not contained in or implied
by the Contract are excluded. Nothing in these Terms and Conditions,
either stated or implied shall detract from the Customer's statutory
rights. Our Terms and Conditions may be updated occasionally and the
latest Terms and Conditions published will supersede previous versions.
The latest version of this document can be viewed at
www.its-home-security.co.uk
3
COSTS
i) The quoted costs may be revised if:
a) You want the work carried out more
urgently than agreed, or
b) You change the Specification, or
c) Your Premises are in some way
unsuitable for the equipment and this was not apparent from our original
surveyor or there are circumstances about which we should have been made
aware, or
d) There are any other special
circumstances we were not aware of when supplying our original
quotation.
ii) All telephone line installation,
rental and call charges are the responsibility of the Customer. The
telephone must be capable of making outgoing calls, not have call
barring and in the case of Redcare not be subject of a cheaper call
provider, as this inhibits BT’s ability to poll your telephone line to
ensure it is working. Redcare signalling works on a specific telephone
number, should you change, cancel the Redcare number it may not work.
All costs associated with premature cancellation of a Redcare Contract,
i.e. minimum period 3 years for a FOC Redcare unit will be charged back
to customer.
iia) All monitored systems under the new
EN regulations communicate with the ARC automatically and you will see
call charges appearing on your telephone bill for an 0870 telephone
number, this is a cost of owning a Police Response alarm and is your
responsibility.
iii) If you are late in paying us, we may
charge you interest at the rate of 4% per year over the base rate of
Barclays Bank plc from the due date until the date we receive payment.
Any equipment installed by us remains our property until payment for
same has been received in full and you agree to take reasonable care of
the equipment on our behalf until payment has been received.
iv) If our labour or material costs, or
tax rates increase, we may give you two months' notice of any increase
in our annual maintenance charges.
v) Installation work is normally carried
out during usual working hours of 9.00am to 6.00pm Monday to Friday
except statutory holidays. Requests made by the Customer to install
outside these hours may incur additional charges. See 3 (i) above, and
cannot always be agreed to but depends on Engineer availability.
vi) Unless otherwise agreed in writing,
the Quotation does not include additional work such as chasing walls to
bury cables, redecoration, carpet laying or building work. Although we
will take all reasonable care of your premises. Additional charges may
be made if our engineers are not provided with access to doors.
shutters, windows or any other areas where cables and equipment needs to
be installed. If we lift floorboards, carpets etc we will endeavour to
put back as is, but all such work is at the clients risk.
vii) Any equipment forming part of the
installation which is not sold to the Customer, such as signalling
equipment or firmware, shall remain the property of the Company, and
will be maintained and/or replaced at the Company's expense unless such
failure was attributed to any of the causes given in 7 (i). Any
equipment which remains the property of the Company shall be defined in
the system Specification. We reserve the right to recover such equipment
on termination of the maintenance contract.
viii) Where we use existing cabling from
and existing alarm, or the pre-wiring in a new property we will
endeavour to ensure that it is functioning properly. If it is not
additional charges may be incurred to replace it, and such cabling is
not guaranteed under the monitoring and maintenance contract. Failure
may become a chargeable repair.
ix) According existing sensors will not
be covered by our guarantee and do not become part of any maintenance
contract nor are they guaranteed by us. Failure will be a chargeable
repair.
x) Under the latest EN regulations
Domestic installations will usually be installed to Grade 2, and
Commercial to Grade 3.
xi) Working at height, Engineers carry
ladders for working at reasonable heights for short periods i.e. to put
bell boxes up, however if they decide that it is unsafe for them to do
so, then another safer method of doing the work maybe required, and
providing such a method and the expense for same will be the customers
responsibility.
4
COMPANY'S
OBLIGATIONS
i) We agree to complete the installation
and hand it over in good working order conforming to the Installation
Standard declared in the Specification. We will always seek your
agreement should changes to the specification be required during
installation.
ii) When we commission the Installation.
We will train you in its operation. When you are satisfied with the
Installation, we will give you a Handover Completion Certificate to
sign. We will give you a Certificate of Conformity when the Equipment
has been paid for in full.
iii) We agree that if any of the new
Equipment or our workmanship is faulty in the first twelve months, it
will be repaired or replaced at our expense, including call-out
providing you let us know as soon as the fault occurs.
iv) The annual maintenance and remote
monitoring facilities commence upon completion and handover of the
installation and continue from year to year upon payment of charges
presented until cancelled in writing giving not less than two months'
notice.
5
CUSTOMER'S OBLIGATIONS
I) You agree to give us and our workers
full access to your Premises to survey, measure, install, test and
service the Equipment. You also agree to provide an adequate electricity
supply for the Equipment to operate correctly. If our work is
interrupted or delayed because of a problem with access, or the
electricity supply is inadequate, we may make an extra charge. We are
not liable if completion is delayed due to the unavailability of
signalling transmission facilities or other circumstances beyond our
control. By signing the Contract with us, you guarantee that you have
full authority to allow the installation and no other consent is needed.
ii) You must not interfere with, or allow
anyone else to interfere with, adjust, service or attempt to repair or
reset the Equipment at any time.
iii) If the Equipment activates to the
Alarm Receiving Centre, you need to let us know as soon as possible. If
the Equipment needs to be re-set, we may charge you at our usual rates
then in force. However remote re-sets may be made free of charge.
Telephone 0800 856 417
iv) You will need to let us know in
advance if any third party intends to carry out work on the telephone
lines within your premises, as this may affect the equipment's
effectiveness. Broadband upgrades may affect your alarms ability to
transmit/receive and a filter maybe required which is a chargeable
expense.
v) The equipment does not belong to you
until it has been paid for in full, If you do not pay the balance of the
installation charge when it is due, we have the right to remove the
Equipment from your premises without notice. By signing the Contract
with us, you irrevocably authorise us to enter your Premises to remove
the Equipment if payment remains outstanding.
vi) If you cancel our Contract less than
four days before installation, we may charge you for any equipment we
have bought for your Premises and make a reasonable charge for damages
for breach of contract.
vii) If the Equipment is connected to an
Alarm Receiving Centre, it is your responsibility to make sure that the
telephone line is working properly and the account correctly maintained.
viii) You need to notify us of any change
in the layout of your Premises, as this may affect the effectiveness of
the Equipment to detect movement or intrusion. Putting shelving, boxes
or large items of equipment may impair the reach or vision of the sensor
and create blind spots. Simply put for Police to attend 2 sensors at
least must be activated, do not keep valuable in areas that can be
accessed by only tripping one sensor, i.e just inside a door, or by a
window that could be broken and items removed through it.
ix) You agree to permit the Company's
staff and representatives of its regulatory body (only whilst
accompanied by the Company's staff) access to the installation for the
purposes of maintenance or inspection.
x) You must keep the approval of the
emergency services i.e. the fire and police, if you loose it by too many
false call outs then we will only be liable to provide a reduced service
that does not need their approval, i.e. Key-holder response, until such
time as the emergency services are willing to re-instate your service.
xi) Make due payments to us on time
PAYMENTS
x) Payments due for the installation cost
of supplying, fitting and commissioning Systems are due to be paid in
full on the day of Handover, on larger contracts deposits up to 50% of
Contract Cost maybe necessary before work can start, the balance then
being due on Handover Day. Payment for monitoring services are paid at
the agreed rate in advance. Payment for the Police to issue a URN and
must be made to us before the URN will be applied for.
xi) Variations to these payment terms are
not authorised unless the Directors have agreed in written disclaimer
before work commences to allow a variation to these terms and
conditions. Such disclaimer will only relate to the items specified
within it and not the whole of these terms and conditions.
xii) Taking extended payment times i.e.
30 days, 40 days etc., without written authority from a Director before
work commences may result in interest being charged.
xiii) Retentions of any kind come within
these terms and conditions and are not allowed unless a Direction has
agreed in writing before work commences.
xiv) CIS payments. Alarms, CCTV, PA
systems, Door Entry systems etc, are a system and not part of a
building. There is a specific exclusion in the CIS regulations for this.
6
MAINTENANCE, SERVICE AND MONITORING
i) In return for payment of the
maintenance charge, the Company will maintain the Installation in
accordance with the current installation standard and respond to your
emergency calls for assistance. If your Equipment is installed to PD6662
(or its successor), our response to emergency calls will be within four
hours of your request, or before the Equipment needs to be set, unless
mutually agreed otherwise.
ii) If we have to attend the Premises, or
repair the Equipment between routine maintenance visits, we will make a
charge at our usual rates unless the work is covered by Clause 4 (iii).
iii) The Annual maintenance charge does
not include charges for replacement parts or batteries, which will be
charged in addition to the annual charge
iv) Where the installation is monitored
by an Alarm Receiving Station (ARC) for direct response by emergency
service (e.g. police or fire brigade), it shall be a condition of such
monitoring that an annual contract for Routine Maintenance exists
between the Customer and the Company. Routine maintenance visits shall
be undertaken by the Company as defined in the installation standard or
this Contract.
v) We will not normally agree to attend
your premises for maintenance visits if there is not a responsible
person present to see our Engineer on and off the premises, however if
an arrangement has been made then your PIN Number will be required,
otherwise our Engineer may have to crash the panel to work on the
panel, which may result in your PIN Number being erased temporarily
until re-entered. Remember we do not keep a record of personal PIN’s.
7
LIABILITY
The Company does not know, and shall not
be deemed to know the true value of the Customers property or premises
and is not the Insurer thereof. Rooms containing safes, fine art or
other valuable should be declared to the Surveyor in order that he may
design a system appropriate for risk. The system will be designed to
give maximum protection to your premises and priced accordingly. If you
decided to opt for a cheaper system despite our recommendations to
reduce cost, then this it is your decision and your responsibility.
I) The Company shall not be liable for
the costs of any work, repairs or replacement of Equipment which results
from fire,
electrical power surge, storm, flood,
accident, neglect, misuse, malicious damage, or caused by the
authorities to gain entrance to your property because of the alarm
activating.
II) The Company has limited insurance
cover for itself with indemnity for claims made against it in respect of
accident, injury, loss or damage. Cover also extends to failure to
perform and wrongful advice given unwittingly. A copy of the relevant
Insurance schedule is available to the customer upon request.
iii) Although the installation is
designed to detect or deter intrusion and reduce the risk of loss or
damage, the Company does not represent or warrant that the installation
may not be neutralised, circumvented or otherwise rendered ineffective
by unauthorised persons. The Company accepts no liability for claims
falling outside the ambit of the indemnity referred to in Clause 7 (ii)
above and the Customer is advised to arrange sufficient insurance cover
in respect of claims arising due to
injury, loss or damage howsoever caused.
iv) Like all electronic equipment, the
system could fail in rare and exceptional circumstances and the Company
cannot
guarantee that it will be operational at
any specific time or for any specific period. The Company will explain
what regular
tests can be performed to verify that
detection equipment is operational between routine maintenance visits
carried out by
the Company.
v) The terms and conditions given in this
contract do not affect your rights under the Sale of Goods Act or Unfair
Contract
Terms Act.
vi) Because of changes under the Police
Rules(DD243:2006) regarding Police Response Alarms, Panic Buttons are
only allowed 2 false calls in any 12 month rolling period. The reality
of this is that some Forces cancel the URN for the whole system because
of false alarms via the Panic Button and you can be left without a
response. As from 19th September 2006 we have asked the
‘ARC’ to intervene on all Panic Alarms and they will be by default
contact the key –holders first to ensure it is a valid alert before
asking Police to attend. In some circumstances this may not be
acceptable to the client or their Insurers and a request should be made
to us to immediately Police all Panic Button alerts, bearing in mind
possible consequences of false activations under DD243:2006
vii) If damage is caused to your premises
by the Emergency Services responding to the alarm, then the costs for
any such damage should be a the subject of a claim on your household
insurance and no liability can be accepted for such actions of the
Emergency Services by the Company.
TERMINATION
i) Either the Customer or the Company can
terminate the Contract by giving not less than two months' written
notice after the initial contract term is fulfilled i.e. 12 months or
longer if originally agreed. If you wish to terminate the Contract with
less than two months' notice, the Company reserves the right to charge
the next year's costs of any monitoring charges if these have already
been paid in advance by the Company on your behalf.
ii) The Company may terminate this
Contract should the Customer breach any of its conditions or if the
Customer is in arrears with any payments due for a period in excess of
30 days. This will not prejudice the Company's right to reclaim the
payment outstanding. In such circumstances, seven days notice of
cessation of any remote monitoring will be given by the Company.
iii) In the event that the maintenance
contract is terminated, the Company shall be provided with access to
recover any equipment and/or firmware which did not belong to the
Customer but was rented from the Company.
iv) The Company reserves the right to
remove logos, nameplates, motifs or any other Company identity from the
Equipment.
9
FORCE
MAJEURE
Any failure by the Company to fulfil any
of its obligations under the terms of this Contract due to reasons
beyond its control shall not be considered a breach of this Contract.
10
APPLlCABLE LAW
This Contract is governed by the laws of
England and Wales, Scotland or Northern Ireland as the case may be and
each party submits to the jurisdiction of the courts thereof.
11
GENERAL
i) 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.
ii) If you have made this agreement
together with someone else, you are both liable jointly and individually
to us.
iii) Data Protection Act 1998. We may
pass on the information you have given 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, and to the any Authorised person
who may work on the system on our behalf.
iv) We intend that all conditions of this
agreement are in this document and specification.
v) If you or we want to change the
conditions of this agreement it must be done in writing and signed by
you or one of our
Directors.
vi) 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 or 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.
vii) If a Court finds that part of this
agreement is not enforceable but can be kept separately from the rest of
the agreement, this will not affect the remainder of the agreement.
viii) These Terms and Conditions of
Business will from time to time be updated, and the latest edition of
which will be published on our website at
www.its-home-security.co.uk. The version applicable at any time to
the Company and its customers will be the version so published.
1st January 2008
E&oe
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& Conditions in PDF Format
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