1. Definitions
In these terms and conditions, unless the context otherwise so requires, the following words and terms shall have the following meanings:
- “The Company”
- AMCO Security Limited and includes its directors, employees, agents and sub‑contractors.
- “The Client”
- Any acts of supervision or service provided by the Company, whether by contract or otherwise, are said to be on behalf of the Client and are subject to replacement and renewal under these terms.
- “Installation Date”
- The date when the installation of the System was commenced by The Company.
- “The Agreement”
- The Monitoring and Maintenance services provided by The Company as more particularly described in this Agreement.
- “Normal Working Hours”
- Twenty‑four hours, seven days per week (Monday to Friday, excluding Public Holidays) unless otherwise stated.
- “Premises”
- The premises at which the System is installed.
- “Price”
- The price for the Client's System as stated in the Client's Initial Order.
2. Use of the Package by the Client's System
2.1 The Client is required to fully cooperate in the use of the Company providing the Installation. In the event of early termination of the Agreement by the Client, a cancellation charge will be applied and the remaining deposit refunded. In the case of the Client cancelling the Installation on the day of the installation or any time after commencement, the Client shall be liable for the agreed and non‑refundable deposit.
2.1.1 Use of the System shall be made by The Company on the Installation Date. The System shall be at the Client's risk from the Installation Date and at all times thereafter.
2.1.2 Notwithstanding delivery until the passing of risk to the Client, the System shall not pass to the Client until the full Sum has been paid. The Company reserves the right to alter the Price if any changes arise before the installation date.
2.2 If the Client is dissatisfied in any way the Client has the right to cancel within fourteen days of signing this agreement. The Company reserves the right to remove equipment if instalment payments are not received in full.
2.2.1 Instalments: A minimum spend occurs to can fulfil the scheme or at the discretion of the Company's management or as it can reasonably be available in full, at the time. There is a minimum spend of £2,000 for any such installation.
3. Installation
3.1 Installations agreed to by the Company on the basis that the Client will allow full and free access to the Premises during Normal Working Hours (within thirty days from the date of dispatch of this Agreement to the Client). If such access is not available The Company reserves the right to increase the Price.
3.2 The installation will be deemed complete by the meeting of the requirements of the Client and withstanding any work remaining to be carried out by the Client, its agents, sub‑contractors, employees or where a defect or fault arises due to the attitude of the Client or its sub‑contractors and is subsequently corrected by the Company.
3.3 The Company will use all reasonable endeavours to complete installation of the System within 28 days of the completion date or time, and The Company shall not be liable for any failure by the Client to adhere to the requirements or the timeline for completion. Subject to clause 3.4, and without prejudice to any rights, the Company may take any other remedy available to it at law for any such matters.
3.4 The Client is responsible for ensuring that the Premises are suitable and are made ready for installation before the installation works commence. The Company accepts no responsibility for any equipment into the Home of the Client's property; the Client is responsible for highlighting any sub‑ standard issues prior to work. Responsibility cannot be accepted for works outside the Company's control and identification by the Client. The Company shall not be liable for the cost of any redecoration or repair or make good work required by the Client arising out of the installation of the equipment on the Premises and no claim for compensation against the Company shall be established, except to the extent that the Company do not act or agrees and that the work was reasonably avoidable. In the case of allegations made against a Client to be responsible for matters as noted in clause 3.4, the Company is within its right to make an assessment and proceed accordingly.
3.5 In the event of a digital communication or similar system being installed The Company will connect its system via a telephone/point on the telephone companies line or network and will be notified in full connection and if obtaining any necessary permission in connection with the installation is required, responsibility rests with the Client accordingly.
3.6 Once the Client has accepted and used the system for a period exceeding 20 hours this shall constitute the Client's acceptance of the System and its installation.
4. Services
4.1 MONITORING
Provided that this agreement has been paid, then the system and the communication system is in good working order and any alarm activations will be responded to by The Company. The Company shall not be responsible for alarm activations or system instabilities caused by the issue of custom installation and late of alarm systems.
4.1.1 The Company does not guarantee the passage of the monitoring signals and indicates agreed to the Client. Unless otherwise agreed to in writing times of the Monitoring is at least 24‑hour response time for Keyholder properties and 7 days for high‑risk properties and standard industry criteria are applicable.
4.1.2 It is the client's responsibility to ensure that the communication connections are operational before activating the alarm:
- Wide area communications via the client's communication system
- If the alarm condition disconnects the means, then every key holder is present or an alarm calling device is available
- All local area events if possible are reported immediately
4.2 RESPONSE
It is the client's responsibility to pay the communication link supplied for all text and alarm calls and for all other monitored communication transmission signals sent to immediately report any communication failures to the relevant authorities. The Company does not value receiving false alarms in the event of a Client's communication failing; both the Company and relevant authorities will be notified of such a failure.
4.2.1 The Company reserves the right to increase the Monitoring or Messaging of the as set forth after the first renewal of the monitoring service, unless the Company is in breach of its obligations under this Agreement.
4.2.2 All Monitoring charges and exclusions of HMCO only upon written notice to the Client.
4.2.3 Failure by the Client to respond to any correspondence and/or to make payment of the monitoring charges may result in the removal of the system without notification. The Company shall be entitled to payment for the period and a pro rate of discontinue the position at the last renewal unless notice has been given by the Client.
4.3 CHARGES
4.3.1 The Company reserves the right to increase the Maintenance or Monitoring if or as the Company determines to alter the tariff from time to time upon giving not less than 30 days' written notice.
4.3.2 Modifications or additions to the System. If the request is received for a period already passed at the request of the Client.
4.3.3 The cost of replacement parts and components arising from a defect, resulting from the misuse or wilful act or action or the result of a failure to follow the instructions, or otherwise is attributed to the manufacturer of the System or of all electronic components or damage to any resulting circuit breaker.
4.3.4 Modifications or additions to the System: The payment instructed (a normally a payment of 7 year) is subject to payment at the time of completion before the manufacturer is performed, and payment will be obtained by the Client where reasonable under these conditions and the Client remains unable and considered for their obligations.
5. Charges
5.1 The Client shall pay in full on or before the date of completion unless agreed otherwise in writing. Where such instalment payment has been agreed will be as stated in the Client's Initial Order.
5.2 The Company reserves the right to make an additional charge or require in accordance with a charge (upon 30 days written notice) at a price to be agreed or such amount which the Client has decided and prior receiving final say in writing all of these charges. All such charges shall be paid by the Client and the amount shall be payable on the date specified in the notice.
5.3 Where there has been prior written agreement between the Client and the Company as to the instalment date of installation, The Company will continue paying for these services instalments until termination is received. Each term renewed and subject to prior written receipt and will be determined in accordance with the payment from the Client. Should the Client be in arrears for two or more consecutive monthly payments for this period and a pro‑rata of discontinue the position at the installation date unless notice has been given by the Client.
5.3.1 All Monitoring charges and exclusions of HMCO only upon written notice to the Client.
5.4 Where sums are not paid on the due date the Client shall be declared to be in breach of contract and from that date shall incur interest at a rate of 5% above the Bank of England base rate. The Company shall be entitled to perform all its obligations under this agreement.
6. The Client's Obligations
6.1 Subject to the provisions of clause 3.4 below The Company warrants that The Client shall at all times:
6.1.1 Keep and use the System in a suitable environment with all such power and other supplies, pull in accordance with the instructions and only use the Company for any modifications or additions to the System.
6.1.2 Keep and operate the System in a proper and prudent manner and ensure that it is operated and maintained by properly qualified and competent personnel.
6.1.3 Not in any way cause modifications or adjustment or adjustment to the System without The Company's prior written consent.
6.1.4 The System responds to instalments as set out in paragraphs 4.1.2, and notify The Company immediately of any faults or failure of the System and the Client's obligations.
6.1.5 Grant access to The Company or the Company's representatives for the inspection of the System at all reasonable times upon receipt of reasonable notice.
6.1.6 Ensure that the telephone numbers including DTMF (alarm if installed) is fully operative and functional and maintain and renew the System on the date of completion and fully operative with the appropriate telephone company and at the Client's own expense.
6.2 Notify The Company of any proposed alterations to the Premises or to the telephone or wifi router installations or any other act matter or thing capable of affecting the System.
6.2.1 Not repair, change, manage any or permanent repairs to the System without The Company's prior written consent in writing.
6.2.2 If the Client requires to obtain all necessary keyholder details and written permission and as part of standard security procedure and regulatory and legislation and access for entry.
6.2.3 Notify changes in any of the Client's telephone numbers or address or additional open requests and upon request by The Company to maintain and renew the System and a proper contact to any statutory requirement or organisation to do things entry.
6.2.4 Not use or permit the System to be operated in a manner contrary to any statutory instrument or regulations in place applicable to it as their property.
6.2.5 Ensure the Client has in force at the time of any agreement to dispose of all the Premises on and paid all relevant taxes and all the rental lease agreement is to be complied with.
6.3 Where The Company of any proposed allocations to the Premises or to the telephone or wifi router installations or any other act matter or thing capable of affecting the System will be notified.
6.3.1 Not be liable for any damage to equipment or property that has been left on site/left on premises and at its discretion in accordance with clause 3.1.
6.3.2 Use all reasonable endeavours to detect or report any communications to the System an efficient standard and any on‑going connection within 24 hours of the completion of the installation, where the Company has been notified in due time that such an issue has been raised. The Company reserves the right to withdraw this from the System.
7. Limitations and Exclusions
7.1 The Company is not an insurer and its prices and charges are not related to the value of the Client's property or other content. The Company strongly recommends that the Client insures, and it is the Client's responsibility to ensure that it has adequate insurance cover of all of its premises and their property and contents by way of separate insurance.
7.2 The Company's total cumulative liability to the Client in connection with the failure of any system message, movement or failure of the System however caused - including any negligent act or omission on the part of The Company - is limited to a maximum of the Price paid or payable by the Client for the period of twelve months preceding such failure.
7.3 In no event will the Company be liable for any loss of profits, revenue, use, business, contracts, goodwill, savings expected or anticipated, wasted management or other time, or any indirect or consequential loss of any kind however caused.
7.4 The Company shall be responsible for the failure for alarm notifications to have been made. The Company is not liable for any damages and exclusions caused by the failure of these. Amounts are assessed by the Company in accordance with any legal proceedings as agreed.
7.5 The Company will not be responsible for any failures or obligations or failures in accordance with any statutory obligations applicable to the Client's property (for example, but not limited to, where the Company has been made responsible and where 48 hours advice has arisen). The Company reserves the right to withdraw from the Services at any point.
8. Indemnity
8.1 The Client shall have responsibility for, and shall indemnify The Company against all claims, demands, actions, losses, damages, costs and expenses (including legal expenses) which The Company may incur or which may be brought against The Company by a third party as a result of:
- Any loss or damage caused on the part of the Client and attributable to its obligation under this agreement
- Any breach on behalf of the Client of its material obligations under any such claim
8.2 If any claim arises from the generality of the foregoing, caused the liability of The Company under any arrangement or scheme is limited to the maximum of any payment the Client has been required to make for the Company. In no event shall the Company be able to make a total claim for damages exceeding the amount of the Price paid.
8.3 The Company does not guarantee the provision of monitoring and loss or damage of a payment if a 3rd party entity has been determined and confirmed within the required time. The Company is within its right to hold and follow the same terms and conditions.
8.4 The Company will not be liable, in the event of any claim where the system installation was performed by a 3rd Party, unless it was used in a manner as required.