PRIVACY POLICY NOTICE/AGREEMENT

1 INTRODUCTION

24/7 Fire and Security Protection Ltd or trading name/s 24/7 Protection are committed to protecting the privacy of visitors, clients and users. It is important to understand how we collect, use, and disclose Personal Information. We may have to collect and use the information you provide us to administer your account and provide you the products and services you request from us. This personal information must be handled and dealt with properly, however it is collected, recorded, and used, and whether it be on paper, in computer records or recorded by any other means.

We regard the lawful and correct treatment of personal information as very important to our successful operation and to maintaining confidence between us and those with whom we carry out business.
We will ensure that we treat personal information lawfully and correctly.
To this end we fully endorse and adhere to the principles of the General Data Protection Regulation (GDPR).
This policy applies to the processing of personal data in manual and electronic records kept by us. It also covers our response to any data breach and other rights under the GDPR.

2 DEFINITIONS

“Personal Data” is information that relates to an identifiable person who can be directly or indirectly identified from that information, for example, a person’s name, identification number, location, online identifier. It can also include pseudonymised data.
“Special Categories of Personal Data” is data which relates to an individual’s health, sex life, sexual orientation, race, ethnic origin, political opinion, religion, and trade union membership. It also includes genetic and biometric data (where used for ID purposes).
“Criminal Offence Data” is data which relates to an individual’s criminal convictions and offences.
“Data Processing” is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.

3 DATA PROTECTION PRINCIPLES

Under GDPR, all personal data obtained and held by us must be processed according to a set of core principles. In accordance with these principles, we will ensure that:

processing will be fair, lawful, and transparent.
data be collected for specific, explicit, and legitimate purposes.
data collected will be adequate, relevant, and limited to what is necessary for the purposes of processing.
data will be kept accurate and up to date. Data which is found to be inaccurate will be rectified or erased without delay.
data is not kept for longer than is necessary for its given purpose.
data will be processed in a manner that ensures appropriate security of personal data including protection against unauthorised or unlawful processing, accidental loss, destruction, or damage by using appropriate technical or organisation measures.
we will comply with the relevant GDPR procedures for international transferring of personal data 8. any other data collected for other uses (example Marketing) will require consent.

4 TYPES OF DATA WE HOLD

We keep several categories of personal data in order to carry out effective and efficient processes. We keep this data within our digital systems, for example, CMS system (website services), job management system (quotes, callouts, and job record system), the expense system (payments and invoicing system) and of systems alike.

Specifically, we hold the following types of data:

personal details such as title, name, gender, address, phone numbers and email addresses (provided by you)
details relating to payments and billing (provided by you)
cookies storing information like IP address, browser types, computer hardware, ISP, OS, time/time zones.
tracking details confirming statuses; received, opened, responded; in email trackers.
google analytics and other analytics associated with our web services.
premises details such as drawings, plans, certificates, layouts, as fitting, maintenance record and alike.

All third-party policies are listed at the end of the policy.

All of the above information is required for our processing activities and for us to be able to deliver our services efficiently. If you have any questions about the above information, you can speak to us directly at enquiries@247protection.co.uk or via phone 01254 416247.

5 HOW WE COLLECT YOUR DATA AND HOW WE USE IT

All the information we collect is to accurately and efficiently administer your account and deliver the products and services that you request from us. It also helps us improve and develop our products and services we offer to you. All information we collect, and hold will be from the information that you provide us with. We collect data from the following sources:

website cookies
form submissions on the website
emails
phone calls
letters/post
job sheets
site surveys
your employer (details of this will be within your company/employer data/privacy policy)
personal 1-1 meetings

6 YOUR RIGHTS

You have the following rights in relation to the personal data we hold on you:

the right to be informed about the data we hold on you and what we do with it.
the right of access to the data we hold on you. More information on this can be found in the section headed “Access to Data” below and in our separate policy on Subject Access Requests”.
the right for any inaccuracies in the data we hold on you, however they come to light, to be corrected. This is also known as ‘rectification’.
the right to have data deleted in certain circumstances. This is also known as ‘erasure’.
the right to restrict the processing of the data.
the right to transfer the data we hold on you to another party. This is also known as ‘portability’.
the right to object to the inclusion of any information.
the right to regulate any automated decision-making and profiling of personal data.

7 RESPONSIBILITIES

In order to protect the personal data of relevant individuals, those within our business who must process data as part of their role have been made aware of our policies on data protection.

We have also appointed employees with strict responsibility for reviewing and auditing our data protection systems.

8 LAWFUL BASES OF PROCESSING

We acknowledge that processing may only be carried out where a lawful basis for that processing exists and we have assigned a lawful basis against each processing activity.

Where no other lawful basis applies, we may seek to rely on your consent in order to process such data.

However, we recognise the high standard attached to its use. We understand that consent must be freely given, specific, informed, and unambiguous. Where consent is to be sought, we will do so on a specific and individual basis where appropriate. You will be given clear instructions on the desired processing activity, informed of the consequences of their consent and of their clear right to withdraw consent at any time.

9 ACCESS TO DATA

As stated above, you have a right to access the personal data that we hold on you. To exercise this right, you should make a “Subject Access Request”. We will comply with the request without delay, and within one month unless, in accordance with legislation, we decide that an extension is required. Those who make a request will be kept fully informed of any decision to extend the time limit.

No charge will be made for complying with a request unless the request is manifestly unfounded, excessive, or repetitive, or unless a request is made for duplicate copies to be provided to parties other than the person making the request. In these circumstances, a reasonable charge may be applied.

10 DATA DISCLOSURES

The Company may be required to disclose certain data/information to any person, organisation, or business. The circumstances leading to such disclosures include:

company/business/organisation of whom you represent if requested.
to assist law enforcement or a relevant authority to prevent or detect crime or prosecute offenders or to assess or collect any tax or duty.
third-party contractors or companies in which carry out services on our behalf for you at your request (this maybe partners in which we exclusively work with).
accreditors like SSAIB & BAFE, approved and accredited companies to provide certified premises certificates after installations.
basic personal information to suppliers like name and address for delivery of goods to site.

These kinds of disclosures will only be made when strictly necessary for the purpose required. You have the right to request more information of where this is being used and if it has been used on these occasions.

11 DATA SECURITY

All our employees are aware that hard copy personal information will be kept in a locked filing cabinet, drawer, or safe. All employees are aware of their roles and responsibilities when their role involves the processing of data. All employees are instructed to store files or written information of a confidential nature in a secure manner so that are only accessed by people who have a need and a right to access them and that screen locks are implemented on all PCs, laptops, phones and tablets when unattended. No files or written information of a confidential nature are to be left where they can be read by unauthorised people. Where data is computerised, it will be coded, encrypted or password protected both on a local hard drive and on a network drive that is regularly backed up. If a copy is kept on removable storage media, that media itself will be kept in a locked filing cabinet, drawer, or safe.

Where personal data is recorded on any such device it should be protected by:

ensuring that data is recorded on such devices only where absolutely necessary.
using an encrypted system — a folder should be created to store the files that need extra protection and all files created or moved to this folder should be automatically encrypted.
ensuring that laptops or USB drives are not left where they can be stolen.

12 THIRD PARTY PROCESSING

Where we engage third parties to process data on our behalf, we will ensure, via a data processing agreement with the third party, that the third party takes such measures in order to maintain the Company’s commitment to protecting data.

13 INTERNATIONAL DATA TRANSFERS

The Company does not transfer personal data to any recipients outside of the EEA.

14 REQUIREMENT TO NOTIFY BREACHES

All data breaches will be recorded on our Data Breach Register. Where legally required, we will report a breach to the Information Commissioner within 72 hours of discovery. In addition, where legally required, we will inform the individual whose data was subject to breach.

15 RECORDS

24/7 Fire and Security Protection Ltd or trading name/s 24/7 Protection keeps records of its processing activities. Such records cannot be deleted until they are settled, for example this may be when an invoice has not been paid/settled, or record kept for tax purposes. Equally this can be records that need to be kept for service/maintenance/repairs that need to be kept staying in line with compliance.

16 PRIVACY POLICIES – THIRD PARTY

HubSpot – https://legal.hubspot.com/privacy-policy
Xero – https://www.xero.com/uk/legal/privacy/
InstallerPro – https://installerpro.co.uk/privacy-notice
Google Analytics – https://policies.google.com/technologies/partner-sites / https://policies.google.com/privacy
SSAIB – https://www.ssaib.org/privacy-policy-registered-firms.html
BAFE – https://www.bafe.org.uk/privacy-policy
Adobe – https://www.adobe.com/uk/privacy/policy.html
Microsoft & Office – https://privacy.microsoft.com/en-gb/privacystatement

Other third parties linked injunction to the systems manufacturers we install at your premises that you will use, their T&C’s and Privacy polices will be accepted by you in front of the engineer, those agreements are between those companies and you, directly.

For more information, requests for data or for any other questions that you may have please contact us on 01254 416247 or email us at enquires@247protection.co.uk

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TERMS AND CONDITIONS OF BUSINESS AGREEMENT

1 DEFINITIONS

“THE COMPANY” is 24/7 Fire and Security Protection Ltd or trading name/s 24/7 Protection, 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 INSTALLAION OR SYSTEM” means the security or fire system equipment which is the subject of this Contract. For Intruder/Fire Alarm Systems this includes Control Units, Electronic Detection Units, Wiring Circuits, Contacts, and all other detection devices and components which make up The Intruder/Fire Alarm System. In the case of Closed-Circuit Television, Access Control and Emergency Lighting Systems this includes CCTV Cameras, Monitors and Control Units; Access Control Keypads; Card Entry Equipment and Control Units; Movement Detectors, Light Fittings and Control Units; and all other components and wiring which make up The System.
“PREVENTIVE MAINTENANCE” means inspection, testing and adjustment of the installation to confirm satisfactory operation or to identify any faulty items or processes to the Customer including monitoring if applicable.
“CORRECTIVE MAINTENANCE” means the repair of faults including those discovered during preventative maintenance work, or as a result of emergency call-out.
“INSTALLATION DATE” means the date when the installation of The System has been completed by the company. For the purposes of payment, the installation will be deemed complete notwithstanding any work remaining to be carried out by The Customer and / or The Customer’s sub-contractors. The passing of The Company’s Handover Certificate to The Customer shall be conclusive evidence of the Installation Date
“MONITORING PRICE” means the charge for 24-hour monitoring of the signals from the security or fire system which is the subject of this Contract and may be subject to reasonable increase on an annual basis. The transmitting device shall be deemed as on loan to the Customer and returned to the Company on termination of this Contract. The transmitting device shall be the Digital Communicator, FireSTU, RedCARE/GSM, DualCom, Emizon/GPRS, Webway or any other device that is linked to the Company’s Alarm Receiving Centre (ARC).
“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. Customer means any company, firm, organisation, individual or agent thereof, to whom the Company’s quotation or Contract is addressed.
"THE EQUIPMENT" is the equipment to be installed at the Premises as set out in the System Design Proposal.
“THE PREMISES” are the premises set out in the System Design Proposal at which the Installation will take place.
“THE INSTALLATION” is the installed system defined in the System Design Proposal. “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 Proposal, Maintenance and Acceptance together with these Terms and Conditions.
“SYSTEM DESIGN PROPOSAL” means the System Design Proposal which defines the level of protection, surveillance or access afforded by the security Installation. It is an integral part of this Contract.
“THE QUOTATION PRICE” means the proposed price for the Equipment, its installation and/or maintenance and monitoring as itemised in this Contract or the quotation price is that price accepted by the Customer in the Contract.
“THE MAINTNEANCE CONTRACT PRICE” is that price accepted by the Customer in the Contract and may be subject to reasonable increase on an annual basis.
“THE MAINTENANCE AND MONITORING CONTRACT PERIOD” is initially 12 months and thereafter is automatically renewed at 12 monthly intervals unless terminated in writing by either party. The charge for the first 12 months is as quoted on the Contract and accepted by the Customer and commences initially on the date of handover of the installation or may commence on any anniversary of that date thereafter.
“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 (e.g, 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 Acceptance Certificate has been signed.
“APPLICABLE STANDARDS” means those adopted by any approvals or regulatory organisation, Police, Fire and rescue service, by which the Company is being recognised or any Local Authority or Governing body or modification or replacement to that current at the date of this Contract.
“WARRANTY” is the guarantee applied by the Company to new equipment included in the installation for 12 months from the initial Take Over date, or on the whole system if specified in writing by a Director of the Company.
"HANDOVER ACCEPTANCE CERTIFICATE" is the certificate handed to the Customer on completion of the Installation in accordance with 4(ii)

2 GENERAL

Acceptance of the quotation includes acceptance of the terms on the Agreement (the Contract) and these Terms and Conditions as well as any which may have been added in the system design specification, which may specifically override these Terms and Conditions of trading and will take precedence if necessary for purposes of interpretation. However, nothing that is stated or implied in the Contract Terms and Conditions shall detract from the private consumer’s statutory rights. Unless specifically accepted by the Company in writing, all other Terms and Conditions not contained in the Contract are excluded.

3 BASIS OF QUOTATION FOR INSTALLATION

Installation work is to be carried out during normal working hours, i.e. Monday to Friday 9.00 am to 5.30 pm (statutory holidays excepted). Any extension of such hours directly or indirectly caused by the Customer shall entitle the Company to charge any reasonable extra costs resulting.
Variations or additional work ordered by the Customer shall be charged on the basis of reasonable time and materials at rates and costs current at the time of such work (unless separately agreed in writing prior to the variations/additional work starting).
Unless otherwise specifically agreed, the quotation price does not include any extraneous work, making good, redecoration, carpet laying, building or carpentry work etc. and is subject to engineers having unhindered access to all areas where work has to be carried out.
Any item of equipment not sold to the Customer, such as the transmitting device shall be subject to these Contract Terms and Conditions.

4 TERMS OF PAYMENT

The Customer may be required to pay a deposit of up to 50% on acceptance of the quotation and shall pay the outstanding balance of the quotation price and the first year’s maintenance and monitoring cost on completion, prior to handover of the fobs, cards, keypad combination codes (as applicable) to the Customer. New equipment shall remain the property of the Company until all sums due by virtue of this paragraph have been received by the Company, but the Customer shall at all times be responsible for loss of and damage to the installation and equipment on site, before, during and after the installation work.

The Quotation may be revised if:

you want the work carried out more urgently than agreed, or
you change the System Design Proposal, or
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 by you, or
there are any other special circumstances we were not aware of when supplying our original Quotation, or
any other reason beyond our reasonable control including without limitation any increase in costs or fees payable by us to any third party in respect of the Equipment.
all telephone line installation, rental and call charges are the responsibility of the Customer.
if you are late in paying us, we shall be entitled to charge you interest at the rate of 8% per year over the base rate of Bank of England from the due date until the date we receive payment. iv) If payment is not received within 60 days of the due date, then reasonable debt collection costs may be added.
if our labour or material costs increase after twelve months from the Handover Date, we may give you two months’ notice of any increase in our annual maintenance charges.
the Installation is normally carried out during usual working hours of 8.00am to 4.30pm Monday to Friday except statutory holidays. Requests made by the Customer to install outside these hours may incur additional charges.
unless otherwise agreed in writing, the Quotation does not include additional work such as redecoration, carpet laying or building work. 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.
any Equipment forming part of the Installation which is not sold to the Customer (and which is identified as such in the System Design Proposal), 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 4
any Equipment which remains the property of the Company shall be defined in the System Design Proposal. We reserve the right to recover such Equipment on termination of the maintenance contract.
ownership of the Equipment (as identified in the System Design Proposal) shall not pass to the Customer until the Company has received the payment of the sums due pursuant to the Contract.
all sums payable by the Customer under this Contract will be paid in full without any set off, deduction, counterclaim or withholding of whatever nature.
all amounts stated are exclusive of VAT and/or any other applicable taxes or levy, which shall be charged in addition.

Until ownership of the Equipment has passed to the Customer, the Customer must:

hold the Equipment on a fiduciary basis as the Company's bailee.
not destroy, deface, or obscure any identifying mark or packaging on or relating to the Equipment; and
maintain the Equipment in a satisfactory condition and keep them insured on the Company's behalf for their full price against all risks to the reasonable satisfaction of the Company.

5 COMPLETION

The Company will use its best endeavours to effect completion of the Installation by the agreed completion date, but it cannot be held liable for any loss or damage resulting from delays due to causes beyond its control. The installation is deemed complete if the Customer accepts handover of the system.
It is the Customers responsibility to ensure that procedures and separate payments required to complete the Installation including, other tradesmen, Permission to work, Health & Safety matters, Local Authority, Police or Fire service documentation for monitoring facilities (where applicable) are complied with.

6 LIABILTY FOR LOSS OR DAMAGE

a. 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. It is the customer’s responsibility to ensure that his insurers are satisfied with his security precautions and that cover is in place.

b. Apart from death or personal injury, the aggregate liability of the Company and its staff for any breach of contract, breach of statutory duty or negligence arising out of this Contract, or presence at the Customers premises shall be limited to £100,000 for any kind of loss or damage whatsoever. The Customer shall notify the Company in writing of any claims within 30 days of the occurrence giving grounds for such claims.

c. Although the installation is designed to the best of the Company’s skill and knowledge to reduce the risks of loss or damage or to deter intruders (as the case may be) the Company does not represent or warrant that the installation, including detection and warning devices and monitoring facilities may not be neutralised, circumvented or rendered ineffective by the Customer, intruders or other unauthorised persons, and in such event it shall not be liable for direct or indirect loss or damage suffered by the Customer, intruders or other unauthorised persons.

d. The Customer or his agent is responsible for the contents of the property and for ensuring that it and any persons therein, are adequately protected. The Company has no control over the value or nature of the goods within the premises, or for the proper use of the alarm system or the suitability of the physical protection of the premises, and as such can accept no responsibility for the adequacy of the alarm protection.

e. Because of the previous sub-paragraphs a. to d. (inclusive), the Customer acknowledges that he, she or it should affect adequate Insurance cover at all times.

f. The company is not an insurer of The Premises, the property, or the persons thereon where The System is installed. The Company’s charges are not related to the value of The Premises or the property in or on The Premises which The Customer alone is able to ascertain. The customer is accordingly advised to keep comprehensively insured against all risks such Premises or property (and persons in or on The Premises) and The Company shall, subject as herein provided, bear no responsibility in relation thereto, and The Customer shall hold harmless, indemnity and keep indemnified The Company against any and all claims, actions, costs or liabilities which may be brought against The Company or incurred by it in relation therewith.

g. If any defect in the quality, nature or condition of parts or materials supplied hereunder or in the event that any failure of such parts or materials to comply with The Company’s specification and/or description therefore shall be discovered within one year of the date when such parts or materials were supplied by The Company, The Company’s sole responsibility shall be to repair or replace any such parts or materials found to be defective by reason of faulty material of workmanship or failure to comply with such specification and/or description without charge provided that:

(i) The System has been properly used, and operated by The Customer in accordance with the instructions given by The Company to The Customer in the use of The System, the terms of this Agreement and generally accepted practices; and

(ii) A claim in writing shall have been received by The Company from The Customer within 28 days of the discovery of any such defect or failure.

h. If in the cause of provision of its services hereunder damage to The System is directly caused thereto by the negligence of The Company, its servants or agents The Company’s sole responsibility shall be to repair or rectify such damage to The System without charge to The Customer. The Company shall not be liable for any damage to The Premises (including any fixtures or items therein) arising from the provision of its services hereunder unless it is established that the same was directly attributable to the negligence of The Company, its servants, or agents and the same could reasonably be avoided. Notwithstanding the above, The Customer agrees and confirms that The Company shall not, whether for negligence, breach of contract, misrepresentation or otherwise, be liable for any loss or damage to The Premises or property therein or thereon caused by burglary, breaking and/or entering, theft, robbery, malicious damage, riot or commotion or any unauthorised entry by reason of failure of The System (or any part thereof) as installed to correspond with its description.

i. If notwithstanding the above there should arise any liability on the part of The Company in relation to this Agreement (or any part thereof) whether for negligence, breach of contract, misrepresentation or otherwise such liability shall (subject to Clause 10 (g) below) under no circumstances whatsoever exceed a total of £5,000,000.

j. If The Customer wishes to increase the maximum amount of The Company’s limit of liability specified in Clause 10 (d) above, The Customer may request of The Company a higher limit of liability and The Company may (without being under any obligation to do so) agree to such higher limit of liability upon payment of such additional amount as The Company shall require to obtain the appropriate insurance cover therefor. The Customer shall in such case, disclose such information as The Company’s insurers may require.

k. The Company shall not under any circumstances whatsoever (whether for negligence, breach of contract, misrepresentation or otherwise) be liable for any indirect or consequential damage or loss, or loss of profit or damage or injury.

l. Notwithstanding any of the foregoing provisions The Company accepts no liability for personal injury and/or death due to the negligence of The Company, its servants, or agents.

m. The Customer undertakes:

(i) To give written notice to The Company within a reasonable time and in any event within 14 days of any occurrence which might give rise to a claim by The Customer against The Company hereunder.

(ii) To give to The Company in writing full details of such occurrence as soon as the same can be reasonably ascertained.

(iii) To allow The Company and The Company’s insurers every facility to investigate such occurrence.

(iv) To submit any claim against The Company arising out of or in connection with such occurrence in writing within 30 days thereof. Failure of The Customer to comply with these undertakings shall absolve The Company from any liability in connection with such occurrence but is without prejudice to any right of The Company in relation to any breach by The Customer of any such undertakings.

n. The Company shall not under any circumstances whatsoever accept any liability resulting from:

(i) The Customer resetting The System without the prior knowledge and authority of The Company’s Communications Centre.

(ii) Withdrawal or modification of Police Response howsoever caused.

(iii) Failure to receive or act upon a signal transmitted to The Company’s Communications Centre from a system other than an Intruder Alarm System or Personal Attack Device. In this case The Company’s sole responsibility is to notify the Keyholder.

7 GUARENTEES

For one year from the date of handover the Company shall carry out replacement or repair of parts or faults free of charge on new equipment included in security and fire alarms (including call out) and to the applicable standards except for any such things made necessary by accidental, wilful, or negligent act of any person (other than the Company and its employees), or by some other cause or peril beyond the Company’s control. On all other types of systems, the equipment is guaranteed for one year, but labour charges will apply after 3 months of the handover date. Guarantees only apply to equipment supplied by the Company and do not include consumable items such as bulbs, batteries, printer ribbons or extinguisher parts such as seals, ‘o’ rings etc.

8 OWNERSHIP

Until full payment is received as referred to in Section 4 above, new equipment shall remain the property of the Company and the Customer irrevocably grants licence in the event of his, her or its default, to enter upon his, her or its premises to recover the same whether fixed or unfixed. Nevertheless, until such recovery, the Customer remains liable to insure against loss and damage and take reasonable care of such items, and to pay the installer’s reasonable costs of replacing or repairing the same, or any existing equipment, this shall also apply to the transmitting device deemed as on loan.

9 COMPANY’S OBLIGATIONS

In consideration of the Quotation Price, specified and paid or to be paid by the Customer, the Company undertakes to install the system in accordance with the applicable standards adopted by the approvals or regulatory organisation by which the Company is for the time being recognised, to the best of its ability and that such equipment used in the installation shall be fit for the purpose intended.
In consideration of the maintenance and any monitoring Contract price specified and paid by the Customer on the date due and annually thereafter in advance, on the anniversary of that date to the Company, the Company will for the duration of the maintenance Contract period specified, carry out maintenance inspections of the Customer’s installation together with other services where applicable as specified in paragraph 9d below.
These Contract Terms & Conditions and the combined quotation/sale and maintenance Contract document relate only to the Installation described in the system design specification, which is the subject of that document, and the maintenance provisions shall only apply if agreed between the Customer and the Company.
When the Contract document provides for maintenance service, the Company agrees, subject to reasonable access to the site and installation being available, periodically to inspect, test and adjust the installation and to carry out all necessary maintenance thereto on the number of visits set out in accordance with the applicable standards. To be carried out during normal weekday working hours, viz. Monday to Friday 9.00 am to 5.30 pm, upon giving reasonable notice to the Customer of any visit for this purpose. Additional specified services such as corrective maintenance, monitoring and key holding services for intruder and fire alarm systems shall be available on a 24 -hour basis and supplied at the request of the Customer.
The Customer shall pay the Installation Charge and Maintenance Charge and in consideration thereof The Company shall install The System and provide, during the first twelve months from the Installation Date, Service and Maintenance as stipulated below:

I. Routine inspection and maintenance of The System at the intervals advised in the recommendations of the British Standards Institute’s Specifications current from time to time. The routine inspection and maintenance provided shall include the cost of replacement parts and labour cost incurred by The Company, during the Guarantee period, unless such replacement parts or labour is necessitated by the act, default, or neglect of The Customer. Any parts renewed or replaced shall have a further Guarantee period.

II. Response to requests of The Customer for Service of The System using all reasonable efforts to identify and rectify the fault in question. In the case of Intruder Alarm Systems, the Company shall respond within 4 hours, Fire Alarm, 8 Hours of receipt of request from The Customer or at another time agreed with The Customer. In the case of Video Surveillance Systems, Access Control and Security Lighting Systems the Company undertakes to use all reasonable endeavours to respond to any such request on the same working day or between 9 a.m. and 5 p.m. on the next working day if such request is received after 10 a.m. The Service provided shall include the cost of renewed or replacement parts unless such replacement parts are necessitated by the act, default, or neglect of the Customer. Any parts renewed or replaced shall have a further guarantee period.
For each subsequent twelve-month period that the agreement is in force The Customer shall pay the Annual Service and Maintenance Charge and in consideration thereof The Company shall provide service and maintenance as stipulated below:

I. Routine inspection and maintenance as specified in 3(a) (i) above.

II. Response to requests of The Customer for service as specified in 3 (a) (ii) above. (c) (i) The Company may give to The Customer not less than five weeks’ notice of any increase to the Annual Service and Maintenance Charge, such increase to take effect on the anniversary of this Agreement whilst it remains in force and to remain firm thereafter for the succeeding twelve-month period.

III. The Customer shall pay to The Company the Annual Service and Maintenance Charge in advance and thereafter on each succeeding anniversary thereof during the currency of this agreement.
The Company reserves the right during the first twelve months to charge The Customer for parts and labour associated with the rectification of defective equipment where the manufacturer offers to Knight Security Solutions. a guarantee period shorter than twelve months.
The Company is not responsible for the inspection or maintenance of any equipment not comprised in The System.
The Company’s Guarantee specifically excludes Infra-Red, Halogen and other types of Lamps, Batteries, Video Recording Heads/Hard Drives, and all other general consumable items.

10 CUSTOMER’S OBLIGATIONS

The Customer agrees to pay in addition to the quotation price and the maintenance and any monitoring price for the cost of remote resets and any works from time to time required to upgrade the installation to a state that complies with the relevant British or European Standards, Police requirements or approval body.
To pay for all necessary repairs and replacements to the installation unless these are covered by Warrantees or Extended Warrantees of the Contract.
Where the system has been installed so as to be linked with any monitoring service and where it has operated so as to register with such monitoring service then the Customer or his agent shall immediately, after becoming aware of the event, notify the Company so that they may remotely reset the system or call to carry out corrective maintenance as applicable.
Not to permit anyone (including the Customer himself) other than the Company or its agents to test, adjust or interfere with the installation or any part thereof except for those routine procedures, which may need to be carried out by the Customer for the correct usage of the system. In the event of a breach of this provision the Company shall be entitled to terminate the maintenance contract forthwith upon its discovery. Such a violation shall negate any liability the Company has for the function and continuation of the system in its entirety.
To permit the Company’s staff, agents and inspectors representing any approvals or regulatory organisation by which the Company is recognised from time to time to have access to the Customer’s premises at all reasonable times.
Not to charge, pledge or otherwise deal with any of the Company’s equipment or installation which has not already been sold or loaned to the Customer nor part with possession of the same or remove or permit it to be removed from the Customer’s premises.
To notify the Company of any proposed structural alteration to the premises or any other modification which may affect the existing installation or system to which it may be linked. Any extension to or alteration of the installation, which may thereby become necessary, shall be carried out by the Company at the additional expense of the Customer.
To notify the Company immediately following the appearance of any defects in the installation and permit the Company to remedy such defect.
To ensure that the external alarm sounder does not cause a nuisance as defined by current Noise Pollution legislation from time to time, arrangements must include an automatic device, limiting sounder duration and for two key holders to be available within 20 minutes.
The Customer is to obtain and pay for the telephone line or other telephone company apparatus required for monitoring or remote signalling (if any) as well as other necessary facilities, consents, permits, licenses, way leaves or approvals required for installing the system.
The Customer must utilise the system test facilities prior to setting to prove functionality of the detectors, sensors and contacts and ensure that any loss of monitoring facility howsoever caused is dealt with by the appropriate organisation.
The Customer must take responsibility for the security of his property and the contents therein and accepts liability if he leaves the premises without setting the system or sets the system with any loss of detection or monitoring facility howsoever caused.

The Customer shall throughout the currency of the Agreement:

When requisite at The Customer’s own expense provide a supply of electricity for The System.
Afford to The Company, its servants, and agents’ reasonable access to The Premises during normal working hours to enable The Company to perform its responsibilities hereunder.
Obtain and pay for all necessary licences, consents and permissions for the installation and operation of The System.
Not adjust, alter, or interfere in any way whatsoever with The System or any part thereof nor allow or permit any third party to have access thereto for any such purposes or otherwise.
Use and operate The System with proper care and in such manner as to preserve the proper and efficient working thereof.
Promptly notify the Company by telephone (confirming forthwith such modification in writing) of any defect appearing in the System or of any maintenance that appears to be necessary and permit and assist The Company at its operation to take such reasonable steps as The Company thinks necessary to remedy any such defect or make any such maintenance.
Promptly notify The Company by telephone (confirming forthwith such notification in writing) of any structural alteration to The Premises, or of any alteration to the layout of The Premises, or of major movements of contents including stock on The Premises affecting the proper operation of The System.
Pay for the cost of any work required to be carried out to The System due to damage by fire, storm, tempest, break-in, attempted break-in, accident, misuse, mistreatment, or neglect of The System.
Promptly notify The Company by telephone (confirming forthwith such notification in writing) if The System requires resetting.
Where movement detectors are installed in an Intruder Alarm System, The Customer shall periodically carry out a check or ‘walk test’ of the area protected by such devises to ensure that any alterations to the layout or fittings of The Premises or of major movements or contents do not impair operation of The System.
Pay any charges or costs of modification arising from time to time as a result of the requirements of the Emergency Services, Local Authority, British Telecom, or other third parties and in the case of Security Systems designed to transmit signals to The Company’s Communications Centre, notify The Company in writing of the days and times which The Premises are normally closed. The Company shall be entitled to assume that any interference to The System during such notified days and times in unauthorised and may notify the Police accordingly.
Notify The Company and Police Authorities forthwith upon agreeing to dispose of The Premises or any part thereof and at the same time inform The Company and Police Authorities of the name and address of the person to whom such disposal is to be made.
Notify The Company forthwith of the receipt of any communication from Police Authorities giving a warning that Police Response is to be modified or withdrawn.
Furnish The Company and Police Authorities with full details of Keyholders and any subsequent changes to Keyholder details, within 5 days of such change. NOTE: Keyholder information may be held on the Computer Files.
Comply with the requirements of Police Authority policy in force from time to time.

11 TERMINATION OF THE CONTRACT

Either party may terminate the Contract by giving not less than three months’ notice in writing to that effect, to expire upon the day before the anniversary or any subsequent anniversary of such Contract. In the event of such termination the Customer shall forthwith return to the Company any part of the installation, such as the signalling device which is on loan to the Customer from the Company. The Customer shall thereafter be responsible for making his, her, or its own arrangements in regard to any monitoring or other continuing services which may be required, it being a condition that monitoring services will only be provided by the Company or his agent when a current maintenance Contract exists between the Company and the Customer. Even though the Contract may be terminated, the Company and its agents shall have the right upon reasonable notice to enter the Customer’s premises to remove any equipment belonging to the Company and subject to reasonable disturbance only shall not be liable for any loss or damage thereby.

Maintenance Contracts:

Upon the occurrence of any of the following events this Agreement shall automatically and without notice determine:

If any process of execution distress or seizure shall be levied on or due against any of The Customer’s real or personal property.
If The Customer (being a company) shall pass a resolution for winding up (unless such winding-up shall be for the purposes of amalgamation or reconstruction previously approved in writing by The Company) or shall have a petition for winding-up presented against it or if a receiver or manager shall be appointed over its assets or undertaking or any part thereof or if it stops payment or if it suffers or takes any analogous action in consequence of debt or insolvency.
If the Customer shall commit an act of bankruptcy or have a receiving order made against him or enter into any arrangement with his creditors or if (being an individual) shall die.
If the apparatus or equipment is destroyed or so substantially damaged by fire or other catastrophe The Company is reasonably unable to continue its service.

The Company may terminate the contract forthwith upon giving written notice to The Customer at his last known address if any of the following events occur:

The Customer’s non-observance or non-performance of any of its obligations hereunder.
If the Customer is in arrears of any payment due hereunder for a period of 21 days or more.
If the Company shall be unable to retain the connections or privileges necessary for the transmission of signals and in this case The Company shall not be under any liability to The Customer.
The termination of the Contract howsoever caused shall be without prejudice to any antecedent rights. The Customer shall forthwith pay to The Company the balance of all monies then owing and subject to any such antecedent rights and the following sub-paragraph no other sums shall be payable or repayable by either party to the other on such occurrence.

12 FORECE MAJEURE

Any failure by the Company to perform any of its obligations by reason of any cause beyond the control of the Company shall be deemed not to be a breach of this Contract.

The Company shall not be liable to The Customer for any loss or damage which may be suffered by The Customer as a direct or indirect result of The Company being delayed, prevented or hindered in the performance of its obligations under this Agreement by reason of any circumstances beyond its reasonable control including (but not limited to) Acts of God, war, riot, strike, lock-out, trade dispute or labour disturbance, accident, breakdown of plant machinery, fire, flood, difficulty or increased expense in obtaining materials or transport or by any other circumstances whatsoever outside the reasonable control of The Company.

13 IMPORTANT NOTE

Unless specifically stated in writing specialised plant and equipment for installation and servicing will be charged for over and above the quoted figures. This specialised plant and equipment include but is not limited to diamond drills, scissor lifts, cherry pickers, podiums, platforms.

All notices which are required to be given under this Contract will be in writing and sent to the address of the recipient as set out in the Quotation or such other address as the recipient may designate by notice given in accordance with the provisions of this clause. Any such notice may be delivered by hand or first class pre-paid letter or facsimile or electronic transmission and shall be deemed to have been served if by hand when delivered, if by first class post 48 hours after posting and if by facsimile or electronic transmission, upon the expiration of 12 hours after despatch. To prove the giving of a notice or other document it shall be sufficient to show that it was despatched.

14 APPLIABLE LAW

This Contract is governed by and shall be construed in accordance with the laws of England and Wales and each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to hear and determine any suit, action or proceedings, and to settle any disputes, which may arise out of or in connection with this Contract and, for such purposes, irrevocably submits to the exclusive jurisdiction of the courts of England and Wales.

15 RIGHTS OF THIRD PARTIES

Pursuant to section 1(2) of the Contracts (Rights of Third Parties) Act 1999, the parties intend that no term of this Contract may be enforced by any person who is not a party to this Contract pursuant to section 1(1)(a) of such Act.

16 PRICING

The Company shall sell, and The Customer shall buy The System.
The Company shall install The System described in its specification but may make reasonable variations thereto without liability for deviation therefrom. The System will be installed in accordance with the recommendations contained in the appropriate British Standard Institute Specification current from time to time.
The Company shall inspect and test The System in accordance with the relevant British Standard Institute’s recommendations (where appropriate) and shall issue a Call Form to The Customer detailing the state of The System.
Upon full payment of the installation charge the ownership of The System shall pass to The Customer. The System shall be at risk of The Customer when it is brought onto The Premises.
These conditions do not affect the statutory rights of a person dealing as a consumer as defined in the applicable legislation.
The Company shall be entitled to assign all or any of its rights or obligations hereunder, and to perform any of its obligations through sub-contractors.
Any time or other indulgence granted by The Company to The Customer shall not prejudice the enforcement by The Company of its remedies hereunder. Any variation hereof shall be in writing and signed by a duly authorised manager of The Company.
This Agreement constitutes the entire Agreement between The Company and The Customer with respect to the subject matter of this Agreement and supersedes all communications, negotiations, and agreements (whether written or oral) of the parties with respect thereto made prior to the date of this Agreement.

17 PAYMENTS MADE

Any payments by The Customer under this agreement shall be made in full and without deduction within 30 days of the date of invoice. In the event of any such payment (or part thereof) being outstanding after the date for payment thereof. The Company shall not, whilst such payment (or any part thereof) remains outstanding, be obliged to carry out any of its responsibilities hereunder.

18 NEW MAINTENANCE PROVIDER

Where a new maintenance provider is engaged by the Customer, the Company will attend site and change the Level 3 engineering code back to the manufacturer’s default setting. If this visit coincides with the removal of any loan equipment, then there will be no additional charge for this visit. If however, for any reason, this visit is additional to removal of loan equipment, or if no such equipment is installed on the system, then the Company will charge for this visit at the standard non-contracted hourly rate, plus travel time. Any cloud services associated with the system will be transferred over to the new maintainer. The Company will notify any relevant Police Authority of the cessation of the contract applicable to any URN(s) issued in respect of the installed system. The Company will complete any such work, notification, visit or transfer of services within 14 days of expiry of contract.

19 WAIVER (MAINTENANCE)

Failure by The Company to exercise or enforce any of its rights hereunder shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at any time or times thereafter.

20 STATUS (MAINTENANCE)

In the event of two or more persons constituting The Customer the obligations of such persons shall be joint and several.

21 TRANSFER OF AGREEMENT/S

The Company reserves the right to transfer or sell this agreement to A N Other, as determined by The Company.

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