J and J Security

TERMS AND CONDITIONS OF SALE OF CONSUMER INTUDER SYSTEM, MAINTENANCE AND MONITORING.

IMPORTANT, Please read all these terms and conditions, You should only indicate your acceptance of these terms and conditions if you are prepared to be legally bound by them

J&J Securitywill sell and install a system which meets the specification agreed by you and provide maintenance and monitoring services on these terms and conditions.
You should answer all questions asked about you property accurately when placing an order for a system as we require this information to determine whether a system is suitable for your premises and to determine our charges and our arrangements for installing the system.

Charges

You must pay the following charges: J&J Security's charge for selling the system and installing it when you order the system; and The charge payable by you to the Police Authority for the issue of their unique reference number which is up to £45 on the start date. Please note that the police will take no steps until you have paid this to them. J&J Security's service charge is payable monthly in advance by direct debit with effect from the start date. This charge covers the monitoring and routine inspection of the system. J&J Security considers that the system is not suitable for your premises or that J&J Security cannot install the system in accordance with NSI guidelines, J&J Security will refund you the charges in a) less J&J Security's reasonable administration and labour cost and will not provide the services.

Legally Binding Agreement

A legally binding agreement is created between you and J&J Security when you pay for your system and the date of payment will be the commencement date of the legal agreement between you and J&J Security.

Service Level

You must choose to be provided with either:
Service level option 1 - J&J Security Emergency services response monitoring and maintenance service which covers: monitoring, two routine inspections and maintenance visits a year during normal working hours.

Service level option 2 - J&J Security key holders response monitoring and maintenance service which covers one routine inspection, maintenance visit a year during normal working hours.

All repairs, maintenance and all other visits to the premises and remote resets not included in services level option 1 or 2 are chargeable.

Limitation of Liability

Only you know the value of your property and contents and the importance of your personal safety. J&J Security is not and cannot be an insurer of you, your premises charges and its contents and J&J's charges are in no way related to their value. The fire and security industry is unique having regard to the relatively low cost of the services and the high values which can be at risk. For this reason, we limit the amount of our liability and the most we will be willing to pay in aggregate for loss caused by our negligence(except where our negligence causes death or personal injury.) is £250,000 and the most we will be prepared to pay in aggregate for other loss is £50,000

If you would like to increase this limit, you will have to pay an extra charge so we can arrange the appropriate insurance to cover us for the extra liability, the level of which has to be agreed. In such case you will have to give us any information our insurers may need.

Definitions

When the words listed below appear in these terms and conditions they have the following meaning:

Alarm Receiving Centre - The place which signals are transmitted from the system and are monitored

Emergency Response - The procedures the police or another authority carry out when the alarm receiving centre tells them that a signal has been received from the system.

Key holder - A person or third party you have chosen to hold the keys to your premises and to go to your premises if we tell them the alarm receiving centre has received a signal from the system.

NSI - National Security Inspectorate.

Premises - Your home or other premises where the system is installed

Routine Inspection - The inspection and maintenance of the system which we make either at your premises or remotely in each 12 month period from the start date. We will decide on the timing of such inspections and if an inspection is required at your premises we will write to you to arrange a suitable date and time to carry out the inspection.

Services - The installation, monitoring and maintenance services provided to you by J&J Security

Specification - The details and description of the system .This includes any amendments and instructions we issue to you from time to time.

Start Date - This is the date we finish installing the system and issue a installation certificate.

System - All equipment (and any part of it), which we install at any time including wiring and anything we install when we carry out repairs and maintenance.

We, our, us - J&J Security

You - you, the customer.

Terms

Your agreement with J&J Security is for a term of three years from the start date and there after will be continued unless terminated by either you or us giving at least three months notice in writing. This is subject to further conditions 9 below.

General

By accepting these terms and conditions:
  • You agree you will abide by them. If there is anything you do not understand please ask before accepting.
  • You confirm that you have read these terms and conditions which will form part of your agreement with J&J Security.
  • You acknowledge that your personal details (and those of your key holders) may be held on police or other authority computer files under the conditions of the Data Protection Act 1998. You must tell us of any changes to such details immediately. We have the right top share your details with credit reference agencies so we can assess your credit profile.
  • You confirm that no part of the premises at which the system will be installed is used to operate a business.
  • You confirm that you own the premises.
  • You accept the system must be installed in accordance with applicable regulations and standards and that the separate part of the system may only be certain distances apart and the installation of the system is subject to premises survey by J&J Security installing engineers.
  • Due to the construction of certain buildings, the system may not be able to operate.
  • You confirm the system has no more than four bedrooms or floors, consist of living accommodations only and does not for example include an attached garage.
  • You confirm you do not have any pets larger than a cat.
  • You confirm that the premises are in the United Kingdom.

FURTHER TERMS AND CONDITIONS

1. What we do

We agree to sell the system to you and to install it.

We will carry out the routine inspection of the system during normal working hours. There will be an extra charge for routine inspection to be carried out outside of normal working hours.

We will repair the system during normal working hours when you ask us to do so. We will not charge you for the repair if it is covered by our guarantee in further conditions 5 below. You must pay us for all other work carried out and visits made to the premises which is not included in either services level option 1 or 2.

If you ask us to do so , we will visit your premises outside normal working hours and there will be an extra charge for this. We will monitor the system in accordance with the service level chosen by you.

After the start date ,there may be a delay while:
a) The telecommunication links between the premises and the alarm receiving centre are set up and activated for service level option 1 or 2 and b)The registration period set by the police or another authority is completed to their satisfaction for service level 1. During this period, our ability to respond to signals received from the system at the alarm receiving centre will be limited.

1.7 After the period referred to in further conditions1.6, we will monitor the system at the alarm receiving centre for the service level chosen by you.

1.8 If you do not have and keep the approval of the of the police or other authority under further conditions 2.1 in relation to service level 1, we will only provide that part of the service which do not need this approval.

2. What you must do

2.1 You may need the approval or permission from the police or another authority to allow us to provide the services of option1 You must also:
a) Make any necessary agreement with these authorities:
b) Provide any information they need
c) Pay for the relevant approval or permission
d) Meet the requirements of these authorities at all times to maintain their approval;
e) Tell them if any information you have given them change; and
f) if any approval is amended or ends, you must write to us as soon as you find out

2.2 You must also do the following:
a) Give us access to the premises so we may install and provide the services for the system. You shall move any materials, ceiling tiles and other objects obstructing access to and installation of the system or any part of it.

b) Use your best efforts to make sure that your premises and any equipment you provide are safe and without risk for our employees and agents to do what we must do under the agreement between you and J&J Security. When we arrive to install your system, you must also tell us the location of any conceal pipes and wires which may affect the system and the services and about any known risks and any hazardous materials at your premises;

c)Provide and maintain a dedicated 240 volt AC power supply to each part of the system and sound electrical earthing connections where it is required for us to carry out the services. The power supply must be installed by an approved electrician to the relevant regulations and must be safe.

d)Provide information about you, your premises, your 2 key holder and any other relevant information so we can provide the services. You must write to tell us if there are any changes to this information.

e) Notify your key holders that we will contact them and may need to write to them;

f) Operate the system according to the of the specification and any instructions and user’s handbooks we issue from time to time;

g) Be responsible for and compensate us against all liabilities, claims, losses or expenses we suffer because you or others have damage or not used the system according to the specification or operating instructions; or as a result of the connection of the system to any equipment or device not supplied by us; or as a result of the events referred to in further conditions 6.6 (b).Paragraph (g) above does not affect our liability under further Further Conditions 6;

h) tell us at once:
  • Of any defect or fault in the system
  • If anyone tampers with the system
  • If any part of the system is damaged or stolen;
  • (If the system has been subjected to any unusual operating or environmental conditions).
i) Provide a telephone line in the premises and pay your telephone, electricity, gas and water utility bills which the system needs so that the services are not affected.

j) Complete the log book which we supply giving details of every activation or event affecting the system, including false alarms.

k) Notify us in writing if you wish to keep any parts of the system which we replace: otherwise, we will dispose of all replaced parts.

l) Keep the system clean and free from dust and grime to enable it to work satisfactorily.

3. What you must not do

3.1 You must not move or tamper with or attempt to repair the system or allow others to do so.

3.2 You must not transfer or assign any of your rights or obligation under your agreement with J&J Security

4. The purpose of the system

4.1 The system is designed to deter personal attacks, reduce risk of loss or damage to the premises and provide an opportunity to summon the Emergency Response under services Level option 1 or Key holders under service level 2 insofar as this can be done by the use of this type of equipment. However we do not guarantee that the system that the system cannot be removed, tampered with or made to stop working by you or by any unauthorised person. If this happens, we are not responsible for any losses you may suffer directly or indirectly.

4.2 We do not guarantee to you that:

a) Particular losses or injuries will be prevented by using the system
b) That the system will work continuously and without errors, in particular where where interruptions or error are due to something beyond our reasonable control.
4.3 Our products are designed and manufactured to the highest standards. However, Even our products, like all mechanical and electrical devices, can develop faults.
4.4 We do not know the value of your personal safety, premises or its contents and the purpose of this agreement is not to act as an insurer of your person, premises or contents.

5. One year guarantee

5.1 We guarantee that we will repair the faults in the system free of charge within 12 months from the start date. This guarantee does not apply to matters stated in further conditions 5.2.

5.2 The guarantee does not apply to faults caused by the following:
a) Incorrect adjustments or positioning by you or other people of setting, keyboards, micro-processors or any part of the system.
b) Consumable items of all kinds failing. Consumable items are those with a finite life such as batteries.
c) Work carried out by police or other authority, or by a telecommunications agency or other party;
d) The circumstances referred to in further conditions 8.4 (a) and (i).

6. Our liability to you

6.1 We will try our best to install the system within reasonable time and we accept no responsibility for delays in installation which are outside of our control.

6.2 During the period referred to in further condition 1.6, we are not responsible for any part of the services which we are not then able to provide.

6.3 We accept that we must make sure the system is of satisfactory quality, that it is suitable for the purpose in further condition 4 and that the system will meet the description provided to you before it was installed. We confirm that we are entitled to sell the system to you. Please note that as you are a consumer (in other words you have not made this contract as part of a business), the legal rights given to you by statue, which include those accepted by us in further condition 6.3 will not be affected.

6.4 As well as the responsibility which we accept in further condition 6.3, we accept responsibility for death or personal injury caused by our failure to take reasonable care or to use reasonable skill and we accept responsibility for liability for any fraud perpetrated by us. For all other liability resulting from our negligence, the most we will pay for loss in aggregate is £250,000 and for all other liability the most we will pay in aggregate is £50,000.We have worked out our service charge based on this limit of liability. If you would like to increase this limit, you will have to pay an extra charge so we can arrange the appropriate insurance to cover us the extra liability, the level of which has to be agreed.

6.5 Apart from those responsibilities accepted by us under further conditions 6.3 and for fraud, death or personal injury under further condition 6.4 (a), in all other situation we do not accept responsibility for any indirect loss which depend on us having special knowledge of your affairs which we would not normally know, even if the loss is due to our fault.

6.6 We are not responsible for the following:
a) loss due to acts or neglect of any other person including you, the provider of the telephone line, or other type of communication technology, a police., or other authority or individual. None of these is our agent for any purpose.
b) Delays, interruption or suspension in providing the services, which are due to any other person (including you), thing or event that we could not reasonably be expected to prevent
c) Loss due to the fact that equipment or cabling not supplied by us is connected to or installed near to the system. d)losses resulting from:
i) The police or other authority failing to act in accordance with Emergency Response for service level option 1
ii) A signal transmitted to the alarm receiving centre not being received by us for reasons beyond our control.
iii) The failure of any cables or wiring installed within the fabric of the premises or buried underground prior to the start date.
iv) The activation of the circuit board not fitted by us which affects the power supply to any part of the system.
v) Any other causes beyond our reasonable control and not caused by our lack of reasonable care.
e) Losses incurred due to you failing to follow our recommendations in further condition 7, or given at any time for additions, repairs, maintenance or any work required to the system

f) Losses outside the purpose of the system for service level option 1&2 in further condition 4

g) Damage unavoidable caused to decorations, fittings and the like at the premises as a result of the installation of the system or our providing the services.

6.7 Our responsibility stops if the agreement between you and J&J Security is brought to an end or the services are suspended under further condition 10.

7. Our recommendations to you

7.1 Because of the purpose of the system for service level option1 and 2 in further condition 4, the limits of the guarantee in further condition 5, and the limits of our responsibility to you in further condition 6, we strongly recommend that you should take out separate insurance to cover your premises and the persons at and the contents of the premises.

7.2 We recommend you use a dedicated telephone line for the system and that you use an enhance signalling system which is designed to detect line faults, line cuts or tampering with a telephone line. The system will not be able to transmit signals if the same telephone line is being used by a fax machine or other modem.

7.3 We recommend that you insure the system from the time it is delivered to your premises.

8. What it will cost you

8.1 You are responsible for the charges under the agreement between you and J&J Security.

8.2 a) After the first year from the start date and in the years following, we can increase the service charge to cover an increase in the cost of providing the services in line with the retail price index or to reflect the increased cost of third party charges we incur in providing the services. We will inform you in writing of the increased amount which will take effect from the anniversary of the start date.
b) If you do not agree with the increase, you have one month from the date of receiving our request for payment to end the agreement by giving 3 months’ notice in writing to us. Until the end of that notice period, you will still have to pay the service charge without the increase and we will continue to provide the services.

8.3 You are also responsible for the following charges:
a) Taxes, fees, charges of false alarms assessments set by the police or other authority due to the installation or operation of the personal attack alarm system. This does not apply if a false alarm assessment arises from faults which are covered by our guarantee in further condition 5. b) Any extra charges or charges for work done by the police or other authority, or by telecommunications agency or other party.
c) Any extra charges incurred as a result of changes to the system from the way it is set out in the specification required when it was installed. This requirement is to ensure the system is compliant with NSI requirements.

8.4 You must also pay us extra charges at our rates of labour and materials current at the time where the following apply:
a) Faults are caused by you or any other person, thing or event which we could not reasonably be expected to prevent.

b) You have asked to visit your premises outside normal working hours for a routine inspection.

c) You ask us to change the system or we need to change it because of changes in your premises.

d) You break one of the conditions of this agreement.

e) You ask for help from us under the guarantee in condition 5 but the agreement does not apply.

f) Any replacements, repairs or modification to the system are needed but are not covered by the guarantee or by the services, or are not needed as a result of the change in a relevant law, standard or regulation governing the system.

g) You ask us not to carry out test on any part of the system which involves us in carrying out additional work.

h)The external wiring on the outside of the premises , or any wiring installed within the fabric of the premises or buried underground prior to the start date not fitted by J&J Security, needs inspecting, repairing or replacing.

i) The system needs inspecting, resetting, reprogramming, repairing or replacing in circumstances where:
- You, Your key holder or someone else has failed to follow operating instructions, has not locked, closed or secured a window , door or other protected point, has not used or adjusted the equipment or components properly or has tampered with the system.
-You, or equipment or devices which we have not supplied have caused a false alarm or a failure of the system
-Your actions or failure, or those of anyone else other than us mean we need to inspect or make repairs or replace any part of the system.
- Rodents, other animals or insects cause damage to or activation of the system.
- There is a problem with the telephone line or connection.
- There have been fluctuations or failure in the main electricity supply of where there has been a corruption or failure of the transmission network.
- The activation of the circuit beaker affects the power supply to any part of the system.
- Adverse weather conditions cause damage to or activation of the system
- A full insulation or continuity test of wiring is required.

8.5 Unless we agree to do so, the charges do not include any work involving carpet laying, concealing cables, redecorating, replastering, building or carpentry work.

8.6 There will be extra charge if you do not provide full access to the areas where our engineers carry out the services as a result of which we incur extra time or expense.

8.7 Whilst we will make every reasonable effort to work with you and others, any interruptions or delays caused by you or others may result in extra charges.

8.8 If the agreement is brought to an end under further condition 8.2 b) or 10, the following will apply:
a) You will owe us the charges and ay other money due to us not paid at the end of the agreement.

b) You will owe any further telecommunication charges charged to us in relation to the system and /or the monitoring of it where we are unable to obtain a refund.

c) If you have already paid us more than the amounts due under a) and b), we will refund any overpayment.

d) We may also take further action against you if you have broken this agreement.

8.9 Where the installation of any repairs to or the replacement of the system continues for more than a month, we reserve the right to submit progress or interim requests for payment of our charges based on the amount of work completed and / or the amount of equipment delivered to your premises.

9. Payment

9.1 You must pay the cost of the system and installation charge when you order the system and the unique reference number charge referred to above on the start date. You must pay these charges by cash, cheque or by bacs.

9.2 You must pay the service charge monthly in advance by direct debit 9.3 You must pay the extra charges under further condition 8.3 to 8.7 within 14 days of the date of the invoice or our request for payment.

9.4 You must pay all other amounts within 30 days of the date of the invoice or our request for payment.

9.5 We expect you to pay promptly. If payment is overdue, we will charge interest from the date of our invoice or when we ask for payment until the date you pay, at 4% over the base rate of National Westminster Bank Plc .

9.6 Even if the system has been delivered to your premises and installed there, the system remains our property until the charges for the sale and installation of it has been paid in full, until then:
a) You must take care of the system for us
b) We may apply to court to repossess the system
9.7 We do not accept post dated cheques

10. Ending or suspending the agreement

10.1 Subject to 10.2 and 10.3, we may end the agreement by giving you at least 3 months notice in writing to expire at any time after the end of the third anniversary of the start date.

10.2 You or we may end this agreement immediately if:
a) The alarm receiving centre or the system is destroyed or so badly damaged that we cannot reasonably continue to provide the services.

b) We cannot arrange or keep the telecommunication facilities needed to transmit the signals between your premises, the alarm receiving centre and any police or other authority.

10.3 We may either end the agreement or suspend the services for a period we consider appropriate if any of the following apply:
a) You fail to make payment under further condition 9

b) You commit a serious breach of your agreement with J&J Security or one which has serious consequences.

c) You commit any breach of your agreement with J&J Security which can be corrected by you, and you do not put matters right within 30 days of our telling you that you have broken the agreement and must put it right.

d) If you die, become bankrupt, enter into any kind of arrangement or settlement with your creditors or if a receiving order or administration order is made against you.

e) If any legal proceedings are taken against the system or your premises or any part of the premises.

f) If you fail to follow any recommendation we make for repairing or replacing faulty or old parts of the system, or repairs for your system which we consider necessary for the system to work properly, or to prevent unnecessary damage to the system.

g) If you do not follow the operating instructions or if, for any other reason which is or should be within your control, there are an excessive number of false alarms.

h) If you change your premises in such a way that we believe it is no longer practical for us to carry on providing our services.

i) If the police or other authority take away their approval, or will only give their approval depending on conditions, which we believe make it no longer practical to carry on providing our services.

10.4 If we give you written notice of suspension, this suspends what we have to do under your agreement with J&J Security (see further condition1) and we have no responsibility until the suspension is lifted or the agreement ends. We will tell you in writing if we lift the suspension.

10.5 If you agreement with J&J Security ends, we will stop providing our service .We may also disconnect the system to prevent signals being transmitted to the alarm receiving centre.

11. General

11.1 We may hand over all our responsibilities under this agreement to another company or transfer any rights under it. We may also employ others to carry out our tasks. This will not reduce our rights under the agreement.

11.2 If you made the agreement with someone else, you are liable both jointly and individually to us.

11.3 Data Protection Act 1998. We may pass on the information you have given us under the agreement to any police or other authority and, except for security details, to any credit reference, debt collection or public telecommunications agency.

11.4 This agreement is governed by the laws of England and Wales.

11.5 We intend that all conditions of your agreement with J&J Security are in the website and the specification.

11.6 We reserve the right to programme the system to signal the alarm receiving centre using a premium rate telephone number.

11.7 All drawing, illustrations, literature, technical data sheet and the like which accompany our specification and any weight and dimensions (all of which we reserve the right to alter without notice) are intended to present a general idea of products described and are approximate only and in no case constitute a condition.

11.8 If you or we want to change the conditions of this agreement, it must be done in writing and signed by you and one of our directors.

11.9 If we do not insist on the strict conditions of this agreement, we may still enforce all the conditions against you on other occasions. If you break a condition and we do not take any action against you, it does not mean that we will not take action against you if you break it again or continue with the same breach without putting it right, or if you break any other conditions.

11.10 If a court finds that part of the agreement is not enforceable but can be kept separately from the rest of the agreement, this will not affect the remainder of the agreement.