Security Installation Terms & Conditions 2018
“ADVANCED 247, us, we, the Company” – shall refer to ADVANCED 247.
“Customer, client, you” – shall refer to the customer which is entering into this agreement with Advanced 247.
“User, end user” – shall refer to the direct end user/consumer of the system.
“Company/installation equipment” – shall refer to Advanced 247 owned equipment which may include; equipment due to pass ownership upon completion of installation, as well as equipment required to carry out the installation, such as the engineer’s tools.
“Customer equipment” – shall refer to all equipment owned by the customer, and the installation equipment detailed in the quotation once full payment has been received.
“Installation/support/services” – shall refer to works documented in either quotation, statement of works, service level agreement or support schedule. Works that are in agreement, to be fulfilled by Advanced 247.
“Quotation” – shall refer to the official quotation or statement for works to be undertaken by Advanced 247 on behalf of the customer.
“Quotation price” – shall refer to the price stated in the quotation as a total cost of works to be undertaken under the quotation statement, payable in full by the customer.
“Statement of works” – shall refer to the breakdown of works (should it be required) to be carried out by Advanced 247 on behalf of the customer including provisions, customer requirements and special requirements.
“Service level agreement” – shall refer to the statement agreed upon by both parties which outlines the service levels the customer will receive for the duration of the contract and stated period.
“Support schedule” – shall refer to the statement in which is detailed all security installation services, warranties, guarantees, technical support, maintenance and renewals relating to the customer’s system.
“Payment schedule” – shall refer to the agreed arrangement by both parties as to payment methods, times and structure.
“Warranties and guarantees” – shall refer to any guarantee or warranty received with an installation or renewed through a support schedule.
“Initial period” – shall refer to the initial 12month period directly following installation completion.
“Advanced 247 Representative/s, Installer/s” – shall refer to any Advanced 247 employee, agent or contractor acting on behalf of the company.
“Survey” – shall refer to any security survey conducted by Advanced 247 which may be conducted in advance of quotation to facilitate quotation, installation or service level.
“Maintenance” – shall refer to maintenance of the physical security installation, as well as its software applications.
“Installation premises” – shall refer to the premises at which the installation will take place, usually the customers’ business premises.
“Supporting documents” – shall refer to any other documents that the customer may receive from Advanced 247 relating to the installation of their security system.
“System handover” – shall refer to the point at which system ownership transfers from Advanced 247 to the Customer.
1.1 Acceptance of the Quotation supplied includes acceptance of the following terms and conditions as well as any additional terms set out in the Statement of Works or Service Level Agreement which may be included to facilitate specialist requirements, therefore may specifically override these Terms and Conditions and will take precedence if necessary for purposes of interpretation.
1.2 These terms and conditions will not reduce any customer’s statutory rights in accordance with the ‘Consumer Rights Act 2015’
2. Basis of Quotation for Security Installation or Security Installation Support
2.1 Installation of security equipment or provision of support shall be carried out during Advanced 247’s normal work hours i.e. 0800-1800 Monday – Saturday (excluding bank and public holidays)
2.2 Any extension of installation hours directly caused by the customer shall entitle Advanced 247 to charge the customer any reasonable additional cost occurred
2.3 Variation or additional work ordered by the customer and not featured in the original quotation, support schedule or statement of works will be chargeable on the basis of reasonable time, materials, rates and costs. This will result in a secondary quotation, and statement of works or support schedule which the customer must then check and agree before any further work can commence.
2.4 Unless otherwise stated, the quotation price does not include and extraneous work such as, re-decoration, carpet or floor laying, building or carpentry work etc. and is contingent with Advanced 247 Representative maintaining required agreed access throughout the installation.
3. Advanced 247’s Obligations
3.1 Advanced 247 agrees to undertake the installation/provide support/installation services in accordance with the quotation, statement of works/service level agreement/support schedule and to the agreed timeframe. Provided the customer agrees with all aspects of documents and payment schedules, and all necessary upfront payments have been received by Advanced 247.
3.2 All company equipment used to install a security system will be fit for purpose and regularly checked and maintained.
3.3 We will for the duration of any support schedule including; product related warranties and guarantees, carry out routine maintenance work, repairs, replacements and provide support as outlined in the service level agreement which, after the initial period shall be renewable annually at the customer’s request.
3.4 Advanced 247 will aim to complete the installation within the time frame stated in the quotation or statement of works, however this may not always be the case. Provisions may have to be made to extend the installation, when this is the case a Advanced 247 Representative will contact the client to inform them of any additional time provisions.
3.5 Advanced 247 will use its best efforts effectively complete the Installation by the agreed completion date, but it cannot be held liable for any loss or damage resulting from delay or non-delivery due to causes beyond its control.
3.6 Upon receiving notification regarding an issue with the Customer’s System, the issue will be logged and assigned a Advanced 247 Representative, who will make necessary arrangements for a technical agent to provide support. As per our Communications policy all issues will be dealt with promptly with customer consolation throughout.
3.7 We will report to the customer any instances which may hinder an installation that are the customer’s responsibility, where possible this will be done at point of quotation/survey. E.g. special requirements such as ground-works. Customers should note that not all hindrances may be initially identifiable and may only be detected during installation.
3.8 We will ensure the training of our security installation consultants/engineers/representative, is relevant, up-to-date and monitored.
3.9 Where possible engineers will ensure all cables, power supplies and other connective equipment are concealed safely and ascetically.
3.10 All customer information will be kept confidentially and securely under the Advanced 247 Data Protection Policy.
3.11 Advanced 247 will inform the Customer of the legal guidelines relating to the installation of security equipment and systems as per the ICO CCTV Code of Practice. However, the system’s legal operation and design remains the responsibility of the customer, including that of any information stored within it.
3.12 Maintain all relevant licences and permissions for security installation software supplied by Advanced 247
4. Customer Obligations
4.1 The customer agrees to pay the quotation price agreed to the payment schedule arranged.
4.2 Not to permit persons other than Advanced 247 Representatives or contactors to; test, adjust, reset, repair or replace any part of the installation or related software, while the system is under a support schedule, warranty or guarantee. A breech will result in any support schedule/warranty/guarantee, becoming void.
4.3 To permit Advanced 247 representative access required to complete the installation successfully, this will be documented in the statement of works. However other access requirement may be identified during installation.
4.4 Not to charge, pledge, rent or otherwise deal with any company equipment or installation equipment, which has not yet passed to possession of the customer. Nor part with possession of the same or remove/permit to remove from the installation premises.
4.5 To notify Advanced 247 of any proposed structural alteration to the installation premises or any other modification which may affect an existing installation or system provided by Advanced 247. Any required adjustments to the installation after premises alteration will be at the cost of the Customer.
4.6 To notify Advanced 247, at the earliest opportunity of any; defect or fault with the installation, and to permit a Advanced 247 Representative to take such steps to remedy said issue.
4.7 The Customer must arrange the supply of any external communication equipment or services required for the installation, such as internet supply, static IP etc. The customer is also responsible for the maintenance and payment of such services if it is the requirement of the system.
4.8 To prepare the premises for installation as per the statements of works, including but not limited to; removal of flooring or ceiling tiles, access above 6mtrs, access to internet router and settings etc.
4.9 Obtain and maintain and licences relating to the installed system or software, that is not supplied directly by Advanced 247.
4.10 The Customer is ultimately responsible for legal operation of any security installation or system installed be Advanced 247, and must ensure that they comply with any legislation or regulation, including that of localised government. Further information can be found in the ICO CCTV Code of Practice.
4.11 To use the system in accordance with; any system training the user/customer has received from Advanced 247, all system manuals and guides, and Advanced 247 recommendation.
5. Terms of Payment
5.1 Unless otherwise agreed, the specified deposit detailed in the quotation or supporting documents shall be due and payable by the Customer on acceptance of the Quotation, via a suitable payment method.
5.2 Any outstanding balances of the quotation price shall be due on completion of the installation but prior to system handover. System handover will be delayed until full balance has been cleared. The installation and system equipment shall remain the property of Advanced 247 until such point.
5.3 The customer shall be responsible for any loss or damage (or costs incurred from such) to installation equipment already in situ, prior to handover and payment in full.
5.4 Payment as required by the quotation may not be withheld by the customer after the final date for payment (stated in the payment schedule/quotation), unless this has been previously arranged with an accounts advisor and a payment agreement is in place.
5.5 Payment of any renewal of support schedule/monitoring/warranty etc. shall be made to Advanced 247 by the customer upon renewal agreement and arrangement and, is payable in advance of the forthcoming period via bank transfer or credit/debit card)
5.6 Support schedule/monitoring/warranty etc. renewal prices are subject to change and review on an annual basis.
5.7 Advanced 247 may suspend services/support to clients, should renewal fees be unpaid or past due, customers will be notified 28days in advance of any termination of service to allow the customer to rectify with no service disruptions.
5.8 Unpaid balances or monies owed to Advanced 247 under this agreement will be subject to our collections procedure. Failure to pay overdue balances may result in legal action by Advanced 247, which could adversely affect the credit status of the Customer and incur additional charges.
5.9 In the event of customer cancellation all payments made in advance of installation commencement will be refundable under our refunds policy, however if the installation has already begun, the customer may incur charges relating to works already carried out, which may be deducted from any awarded refund.
5.10 In the event of Advanced 247 installation cancellation all payments made in advance of the installation will be fully refundable under our refund policy.
5.11 The Installer will use their best efforts to complete the Installation by the agreed completion date, but the Company cannot be held liable for any loss or damage resulting from delay or non-delivery due to causes beyond its control.
5.12 Payment or financial information held on our customers will be done so in accordance with our data protection policy, customers must ensure information held is correct.
6. Liability for Loss or Damage
6.1 Excluding death or personal injury, the aggregate liability of Advanced 247 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 £5 million for any kind of loss or damage whatsoever.
6.2 The Customer shall notify the Installer of any claims within 30 days of the occurrence giving grounds for such claims.
6.3 Although security installations are designed and installed to the best knowledge of the company following best practice, to reduce risks, loss or damage. Advanced 247 does not represent or warrant that the installation may not be; neutralised, circumvented or otherwise rendered ineffective. By; the customer, intruders or other unauthorised persons. And in such event, shall not be liable for direct or indirect loss or damaged suffered by the customer or other individuals.
6.4 In view of the previous paragraphs it is recommended that the customer obtain their own insurances to cover the above eventualities.
7.1 For 12-months (unless otherwise state in installation documents) from the date of handover Advanced 247 shall carry out replacement or repair of parts and rectification of faults free of charge (including call out) and to the service level agreement and support schedule.
7.2 Wilful negligence, system misuse, customer/user error, damage, loss, natural event, or by some other cause beyond the control of Advanced 247, that results in damage, failure or loss of the installation/system will not be covered by guarantee and repair costs will be the responsibility of the Customer.
8.1 Until full payment is received as referred to in the Payments section previous, all parts of the installation and associated equipment shall remain the property of Advanced 247.
8.2 The Customer irrevocably grants licence in the event of its default, to enter upon its premises to recover the same, whether fixed or unfixed. Provided Advanced 247 shall first obtain an Order from a Court of Law permitting entry into the Customer’s premises.
8.3 Until recovery of the Company’s property, the Customer shall take reasonable care of same and, shall pay Advanced 247 reasonable costs of removal, repair and/or replacement of the system or any of its components including any legal costs.
9. Cancelling of Installation
9.1 Customers may cancel installations permanently at any point before the installation commences. However, cancellations made 48hours or less before the installation has begun may be subject to a cancellation fee in respect of pre-ordered stock, materials and provision of staff and administration.
9.2 Any cancellation fee will include; stock delivery costs, software purchase costs, licence/permissions costs and all direct and indirect labour costs incurred in the preparation of customer provisions.
9.3 All monies paid in advanced of the installation will be returned to the customer less any cancelation fees if applicable.
9.4 Cancellations made more than 48hours before the commencement of installation will be eligible for a full refund under our refunds policy.
9.5 Please allow up to 14 calendar days for any refund or payment to be returned.
10. Postponing Works
10.1 Customers may postpone works if required at any point before the installation begins, in these circumstances, a revised commencement date shall be agreed upon by both parties.
10.2 Where a revised commencement date cannot be agreed upon between the parties, and the works were postposed less than 48hours before they were due to commence. Advanced 247 will refund any monies already paid, less any reasonable costs already incurred by the Company i.e. delivery of stock, labour, software etc. or where no advanced payment has been received, invoice the customer for said costs incurred.
11. Termination of Support/Maintenance/Warranty/Service
11.1 Either party may terminate any additional service provisions after the initial period by no less that 28days notice in writing, prior to the renewal day or within 28days of receiving renewal invoice.
11.2 In the event of service termination, the customer shall forthwith return to Advanced 247 any part of the installation or any other equipment which is rented or on loan from Advanced 247.
11.3 Failure to return rented or loaned equipment within 28days of cancellation, will result in the customer becoming liable for their costs and will be invoiced accordingly for said unreturned equipment.
11.4 After cancellation of service the customer becomes responsible for the maintenance, repair, support and replacement of the system, should it be required.
11.5 Advanced 247 may terminate services/support/maintenance/warranty if it discovers instances of customer/user misuse, third party or unauthorised tampering and wilful damaged caused by persons not representative of Advanced 247.
11.6 Though service contracts may be terminated, Advanced 247 or its agents, shall have the right upon reasonable notice to enter the customer’s premises (subject to obtaining prior court approval) to remove any equipment belonging to Advanced 247 and subject to reasonable disturbance only and shall not be liable for any loss or damage occasioned thereby.
12. Conditions Not Covered by Installation Warranty
12.1 Damage resulting from accidents, acts of nature, customer/user misuse, unauthorised access and other such instances out of the control of Advanced 247.
12.2 Theft or loss of system/installation or any single part of it.
12.3 Failure of Customer to properly follow operating/care/maintenance instructions provided by Advanced 247 at time of installation.
12.4 Issues relating to the installation premises’ power supply, communications equipment or supply or related accounts.
12.5 Any fines, fees or other costs incurred through use of the system by the Customer, e.g. fines imposed by a court, resulting from data protection breeches.
12.6 Consumable items within the system/installation such as batteries.
12.7 Errors or omissions by the Customer concerning; possible installation constraints, premises adaptation, permissions, licences etc. out of Advanced 247 control.
13. Force Majeure
13.1 Any failure by Advanced 247 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.
13.2 Advanced 247 shall not be liable for non-performance in whole or part of its obligation under this agreement due to causes beyond its control, including but not limited to; war, sabotage, insurrection, riot or other act of civil disobedience, acts of the Customer, Customer employees or clients, transport or delivery failure or delay, flood, fire, illness, acts of government, labour disputes, strikes, acts of nature and technical failure.
13.3 In any such event the company may, without liability cancel or vary the terms of contract including but not limited to; extension of time for performing the agreement for a period of at least equal to the time lost by reasons of such causes.
14. Applicable Law and Category of Jurisdiction
14.1 This Contract is subject to the Laws of England, Scotland and Wales (and Northern Ireland) and the parties shall submit to the jurisdiction of the Courts thereof.
15. Data Protection
15.1 Data Protection Act 1998 and the Information Commissioner’s CCTV Code of Practice. See also General Data Protection Regulation (GDPR).
16.1 Owners and operators of CCTV systems should be aware that they may be subject to the provisions of the Data Protection Act 1998 or new General Data Protection Regulation (GDPR) if they record and process images of individuals captured on a CCTV system. Generally speaking, the Act does not apply to installations installed in domestic premises by individuals for home security purposes. However, if the CCTV system is installed in commercial premises then a data controller may have to be appointed and customers may need to annually register with the Information Commissioners Office (www.ico.gov.uk.)
16.2 Additional where such systems are used to identify, and monitor individuals and information is recorded and stored for subsequent use or processing, then it may be also necessary to ensure compliance with the ICO CCTV Code of Practice that can be readily downloaded from the Information Commissioner’s website. Organisers should be aware that the principals of the Data Protection Act or GDPR are not limited to circumstances where a data controller can attribute a name to a particular image. If images of distinguishable individual’s features are processed and an individual can be identified from the image, they are sensitive personal data that fall under the provision of the Data Protection Act.