Terms and Conditions
1. THE SERVICE
Outlines the provision of an integrated electronic security solution, which includes; provision of the equipment, installation and decommissioning of the equipment, maintenance, service and repair of the equipment.
2. CUSTOMER OBLIGATIONS
Queries around the accompanying service level agreement are to be responded to within 3 working days of receipt by e-mail or phone, otherwise we will take it as gratis that they are understood.
Details on the site set-up form must be kept up to date at all times. If this isn’t completed prior to the install you will still be charged from the install date and the site will NOT be monitored.
When completing the form please include in the appropriate area the site working hours, these working hours are to be from the earliest possible arrival of site staff to the latest possible departure of site staff. NOTE: To comply with ACPO guidelines re filtering of unnecessary calls any site activity 30 minutes prior to and 15 minutes after the working times indicated on this application, where no suspicious activity is apparent, we will deem this activity as legitimate access.
In the event that the equipment needs to be relocated or decommissioned, the customer will try to give Optosafe the following days’ notice.
Relocation of existing equipment – 3 working days’ notice minimum. Excessive moves will be charged as set out in clause 3.9 unless otherwise agreed
Decommissioning of existing equipment – We require 30 days’ notice unless otherwise agreed.
The customer will not move the equipment nor allow the equipment to be moved or otherwise interfered with, without specific approval from Optosafe. In the event that the equipment is moved except with such approval Optosafe shall have no liability whatsoever to the customer until the equipment has been reconfigured by us.
The Customer will notify Optosafe promptly of:
Any change in the use of the monitored premises or any part thereof
Any material change in risk levels or values.
Any changes to construction works and/or site layouts
The customer shall notify Optosafe of the course of action to be taken in the event of unauthorised opening outside of the agreed times and shall notify Optosafe of any intended alterations.
The customer shall carry out any necessary maintenance or remedial works to prevent unnecessary false alarms; for example, fixing flapping material, trimming shrubs, clearing litter, moving lighting or carrying out other maintenance tasks and as may be required by Optosafe from time to time.
The customer must take all reasonable precautions to minimise the risk of loss ensuring that the site perimeter, gates and any doors and windows are locked and secured at close of business/site handover to Optosafe. Optosafe will not take responsibility of loss or damage from any unsecured sites.
The customer must take all reasonable precautions to prevent damage to the supplied equipment, as any damage will result in a charge for the repair or replacement of said item.
The customer acknowledges that the monitoring station is not intended to, nor is it capable of, preventing loss damage or injury arising from ‘smash and grab’ raids or other similar types of incidents at the monitored premises.
Where it is agreed that the customer will provide lighting to the monitored premises, the customer shall maintain such lighting system in good working order to the reasonable satisfaction of Optosafe and in any event to a standard which will enable the equipment to display an adequate picture of the monitored premises.
The customer will allow Optosafe to maintain the equipment at any time and to enter the monitored premises for this purpose or to collect the equipment on the termination of the contract.
In the event of any claim for loss or damage, the customer will notify Optosafe of any claim as soon as possible or within 72 hours of the event.
The client must be aware that failure to provide any regular power supply may affect the overall performance of the system. To maintain optimal performance levels, a daily power supply is recommended when possible.
The customer must provide contact details for a key holder to this site who can respond within 20 minutes (as per ACPO guidelines).
Complaints process – please email any complaints to email@example.com
3.0. ADDITIONAL CHARGES
Optosafe reserves the right to make additional charges in the following circumstances:
Disruption to power supply cable through damage or neglect.
Unauthorised movement of equipment as set out in clause 2.7.
Damage to equipment as set out in clause 2.12
Installation or removal of equipment not being possible by normal means or outside of working hours.
Any persistent or material failure to comply with the customer obligations set out above.
Chargeable investigations during working hours into health and safety/delivery and theft may be subject to a one off charge of £50 + VAT. Requests for such footage that requires an engineer visit are charged at £50 + VAT for the first hour & £25 + VAT per hour thereafter.
If we are unable to deliver on date agreed due to any related customer problems.
Movement of towers – Customers are entitled to one FOC move per calendar quarter for the duration of the contract. Non critical moves require 3 working days’ notice, any urgent moves less than 3 days will be subject to a charge of £50 plus VAT for the first hour and £25 plus vat per hour thereafter.
Alarm activations resulting in an Optosafe security officer being called to site in response will be charged at the standard call out fee of £50 + VAT and £25 per hour thereafter. (Subject to change, which shall be agreed by both parties.)
Ownership of the equipment shall remain with Optosafe at all times.
Ownership of the equipment shall remain with Optosafe at all times.
During the minimum hire period of 4 weeks, the customer may terminate this agreement at any time by notifying Optosafe in writing. Any such termination is subject to the Customer paying to Optosafe sums due for the minimum hire period.
After the minimum hire period the agreement will continue unless terminated by either party giving 30 days’ notice.
To the extent that any Optosafe liability to the Customer would be met by Optosafe’s insurance then our liability shall be limited to the extent that such liability is met by such insurance. For uninsured losses Optosafe’s total liability to the customer shall not exceed £5,000 per contract.
Optosafe shall have no Liability to the customer if any charges or monies due in respect of the equipment and the service have not been paid in full and cleared funds by the due date for payment. Insurance claims are separate to payment terms. Customers need to maintain payment of monies owed, failure to do so will lead to suspension of account and monitoring services.
Optosafe shall have no liability to the customer for any losses whether arising from breach of contract, tort (including but not limited to negligence), or otherwise, and whether flowing naturally and directly from such breach, negligence or other cause, or not, for loss of revenue, loss of profit, loss of anticipated saving, loss of goodwill or loss of reputation; economic and/or other similar losses; special damages, indirect losses and/or consequential losses; and/or business interruption, loss of business, contracts and/or opportunity.
Nothing in this contract shall exclude or limit Optosafe’s liability for death or personal injury due to Optosafe’s negligence nor exclude or limit any other type of liability which it is not permitted to exclude or limit as a matter of law.
Optosafe shall have no liability to the customer in the event that the customer’s obligations have not been fulfilled.
The customer shall be liable for and shall indemnify Optosafe against any loss or damage to the equipment whilst the monitored premises are under the responsibility of the customer. For the avoidance of doubt this will be for all times where the premises are not being monitored by Optosafe according to the periods set out in the site set-up form or as otherwise instructed by the customer.
Optosafe shall have no liability to the customer in the event of failure of the mobile phone (3G/4G) network or other transmission service not under the control of Optosafe.
Optosafe shall have no liability in the event that the key holder or Police cannot be contacted.
Optosafe holds no liability or responsibility over site premises which are out-with the agreed perimeter area of sensor coverage. Eg.in the instance of CCTV coverage of the site compound only – This is the only area in which Optosafe holds responsibility.
7.0. NON EXCLUSIVE SERVICE
The Customer acknowledges that the monitoring station will not exclusively serve the monitored premises and that Optosafe will provide similar services to other customers and transmission from those customers’ premises will also be monitored at the monitoring station.
8.0. MODIFICATION OF THIS AGREEMENT
Any changes to this agreement must be agreed in writing by authorised representatives of Optosafe and the customer.
9.0. LAW AND JURISDICTION
This agreement shall be governed by Scottish law and the parties hereby agree to submit to the jurisdiction of the Scottish Courts.
10.0. PAYMENT TERMS
Standard payment terms of NET 30 shall be strictly adhered to unless otherwise agreed.
If any sum payable under this agreement is not paid within 30 days after the due date, then (without prejudice to its other rights and remedies) the company reserves the right to charge interest on such sum on a day to day basis (as well as before any judgment) from the due date, to date of payment (both dates inclusive) at the rate of 5%, above the base rate of The Royal Bank of Scotland for the time being in force.
Optosafe LTD reserves the right to terminate all services, without notice, due to client defaulting on agreed payment terms and/or notice of client administration/liquidation.