Terms & Conditions

1 DEFINITIONS

THE COMPANY” is (iP24 Limited) being 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 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, Specification, Maintenance and Acceptance together with these Terms and Conditions.
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” means a continuously manned remote centre to which alarm activations and/or video data are signalled and passed to the relevant response authority (eg. Police, fire brigade, keyholder).
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.

2 GENERAL

Acceptance of this Contract, signified by the signature of each party, includes acceptance of these Terms and Conditions along with any other requirements defined in the 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.

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 survey 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.
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 HSBC Bank plc from the due date until the date we receive payment. You agree to take reasonable care of the Equipment on our behalf until you have paid for it.
iv) If our labour or material costs increase after twelve months, we may give you one 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 5.00pm Monday to Friday except statutory holidays. Requests made by the Customer to install outside these hours may incur additional charges. See 3(i) above.
vi) Unless otherwise agreed in writing, the Quotation does not include additional work such as 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.
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.

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 Equipment or our workmanship is faulty in the first twelve months, it will be repaired or replaced at our expense, including call-out, provided 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 three months’ notice.

5 CUSTOMER’S OBLIGATIONS

i) You agree to give us and our operatives 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 of 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 reset, we may charge you at our usual rates then in force.
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.
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.
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.

6 PAYMENT

i) You must pay each of our invoices in full within 30 days of the date of the invoice.
ii) Any sums owing to you by us cannot be set off against any of our invoices to you.
iii) If any sum payable under the Contract is not paid when due then without prejudice to our other rights under the Contract:
(a) We will charge interest and collection costs pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 (as amended) on all overdue amounts
(b) The interest rate under the Act is 4% per annum above the base rate of the Bank of England
(c) Collection costs are £40.00 to £100.00 per invoice depending on the invoice value
(d) We will also seek to recover reasonable expenses and costs (including legal fees) as permitted under the Act
(e) Alternatively, where appropriate, we will seek to charge interest in accordance with Section 69 of the County Courts Act 1984 at the rate of 8% on all sums due
iv) All sums owing by you to us under the Contract are subject to the addition of VAT and any other government taxes or duties as applicable.
v) Queries on the charges in any of our invoices must be raised within 30 days of the date of the invoice, otherwise it will be deemed correct.

7 USE OF DATA

i) We may disclose details of the Contract to any person and for any purpose connected with our business including credit reference agencies.

8 ENTIRE AGREEMENT

i) The Contract contains all the terms which we and you have agreed in relation to the subject matter of the Contract and supersedes any prior written or oral agreements, representations or understandings between us and you in relation to such subject matter.
ii) You acknowledge that the Contract has not been entered into wholly or partly in reliance on:
iii) any statement made or not made, or advice given or not given, by or on behalf of us which is not contained in the Contract;
iv) any warranty, statement, promise or representation made by us or on our behalf other than as expressly set out in this Contract.
v) To the extent that any such warranties, statements, promises or representations have been given you unconditionally and irrevocably waive any claims, rights or remedies which you might otherwise have had in relation to them.
vi) Nothing in this Condition 8 will exclude any liability which one party would otherwise have to the other party in respect of any statements made fraudulently.

9 MONITORING SERVICE

In this part of these Terms and Conditions the following terms have the following meanings unless the context otherwise requires:

‘Alert’an alarm from the Monitored Equipment outside the Site Working Hours during the Monitoring Period;
‘Commencement Date’the date specified in the Proposal as the Commencement Date;
‘Keyholder(s)’the person or persons notified to us from time to time in accordance with these Conditions as the keyholder(s) for the Site;
‘Minimum Monitoring Period’the period specified in the Proposal as the minimum monitoring period;
‘Monitoring Fee’the fee specified in the Proposal as the monitoring fee together with any charges made by the police, fire or other authority to us in connection with the provision to you of the Monitoring Service;
‘Site’the delivery address specified on the Acceptance Form.

10 THE MONITORING SERVICE

i) During the Monitoring Period we will provide the Monitoring Service using the Monitored Equipment to monitor the Site in accordance with these Conditions.
ii) The Monitoring Service depends on the functionality of the Monitored Equipment and we shall be under no liability for:
a) any defaults or errors caused by faults in the Monitored Equipment or communications from the Monitored Equipment to us; or
b) any failure by the Monitored Equipment to provide an Alert.

11 MONITORING PERIOD

i) The Monitoring Period is the period from the Commencement Date until the expiry of at least 28 days’ written notice of termination given by you
or by us to the other expiring on the last day of the Minimum Monitoring Period or any later date.
ii) If you commit a material breach of the Contract, such as, but not limited to, using the Monitored Equipment in an improper manner and in contravention of the instructions, then we shall be entitled to terminate the Monitoring Period forthwith by written notice from us to you.

12 MONITORING FEES

i) The cost of the Monitoring Service shall be the Monitoring Fee
ii) We will invoice you for the Monitoring Fee at the beginning of the Monitoring Period and of each calendar month during the Monitoring Period for a month’s fee or an apportioned amount for a part month.
iii) You will pay the Monitoring Fee for the Monitoring Service from the Commencement Date until the end of the Monitoring Period.
iv) If the Monitoring Fee is in arrears we may suspend the provision of the Monitoring Service until the arrears are cleared without affecting your obligation to pay the Monitoring Fee for the whole of the Monitoring Period.

13 YOUR OBLIGATIONS

i) You must notify us promptly of:
a) any change in the use of any part of the Site;
b) any change to the Keyholders or their contact details;
c) any changes to Site Working Hours.
d) You must carry out any necessary maintenance or remedial works to the area in which the Monitored Equipment is located to ensure the functionality of the Monitored Equipment and prevent unnecessary false alarms.

14 MAINTENANCE AND SERVICE

i) In return for payment of the maintenance charge, the Company will maintain the Installation in accordance with the installation standard and respond to your emergency calls for assistance. If your Equipment is installed to PD6662 BS EN 50131-1 (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) Our Company has four (4) levels of maintenance; Bronze, Silver, Gold and Platinum.

BRONZE

This service provides one remedial maintenance service visit to maintain the Equipment in satisfactory operating condition. Emergency service during normal working hours (Monday – Friday 9.00am to 5.00pm) all emergency call outs are chargeable. This plan is offered to cover the cost of one maintenance service per year, labour will be chargeable at agreed rates. Any parts, which are deemed to require replacement, will be chargeable to the Customer. Response time will normally be within 24 hours.

SILVER

This service provides two remedial maintenance service visits to maintain the Equipment in satisfactory operating condition, ie. one on site and one remote. Emergency service 24 hours per day 5 days a week. This plan is offered to cover the cost of engineering labour only and two maintenance services per year, as described above. Response time will normally be within 24 hours.
REMSERV Innovative health checking service is provided.

GOLD

This service provides two remedial maintenance service visits to maintain the Equipment in satisfactory operating condition, ie. one on site and one remote. Emergency service 24 hours per day 7 days a week including public and statutory holidays. This plan is offered to cover the cost of engineering labour only and two maintenance services per year, as described above. Any parts which are deemed to require replacement, will be chargeable to the Customer. Response time will normally be within 24 hours for CCTV/Access Control and 4 hours for Intruder Alarms.
REMSERV Innovative health checking service is provided.

PLATINUM

This service provides two remedial maintenance service visits to maintain the Equipment in satisfactory operating condition, ie. one on site and one remote. Emergency service 24 hours per day 7 days a week including public and statutory holidays. This plan is offered to cover the cost of engineering labour and all parts which are deemed to require replacement (other than circumstances stated in Clause 7). Response time will normally be within 24 hours for CCTV/Access Control and 4 hours for Intruder Alarms.
REMSERV Innovative health checking service is provided.

15 LIABILITY

The Company does not know, and shall not be deemed to know, the true value of the Customer’s property or premises and is not the insurer thereof
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 or malicious damage.
ii) The Company has provided 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 and in such event the Company shall not be liable for any loss or damage suffered by the Customer or other 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.
This section is only applicable to Intruder Alarms and CCTV Systems
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.

16 TERMINATION

i) Either the Customer or the Company can terminate the Contract by giving not less than 12 months’ written notice. If you wish to terminate the Contract with less than 12 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.

17 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.

18 APPLICABLE 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.