Terms & Conditions

Terms & Conditions

ClearView Terms and Condition

1. Definitions

  • “ALARM RECEIVING CENTRE” is a company that provides services to monitor Intruder or fire alarm systems on a 24/7/365 basis.
  • “CERTIFICATES OF CONFORMITY” means a certificate that is issued for a system that meets a minimum set of regulatory, technical and / or safety requirements.
  • “COMPANY” is ClearView Communications Ltd, 33 Robjohns Road, Chelmsford, Essex CM1 3AG being the organisation with limited responsibility for the design, installation, maintenance and/or monitoring of the installation which is the subject of the Contract.
  • “CONTRACT” means the Quotation, Specification, Maintenance and Acceptance together with these Terms and Conditions.
  • “CUSTOMER” is the person or organisation being a signatory to this Contract and a receiver of the services offered by the Company.
  • “DESIGN RESPONSIBILITY” means the person or company who designed the original security system, and includes any necessary criteria which the performance of the system must meet. Drawings, layouts and current or proposed security coverage of customer’s premises are the responsibility of the system designer.
  • “EQUIPMENT” is the component parts that make up the security system that is to be installed or maintained at the Customer’s premises.
  • “HANDOVER/TAKEOVER DATE” means the date on which maintenance will commence from by the installer.
  • “INSTALLATION” is the installed system defined in the Specification.
  • “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.
  • “PREMISES” is the site that is set out in the contract.
  • “PLANNED PREVENTATIVE MAINTENANCE” means the routine inspection of the Installation to verify that it continues to function in accordance with its Specification and to identify and rectify any items found faulty, worn or in need of scheduled replacement.
  • “QUOTATION” means the proposed price for the equipment, its installation and/or maintenance and monitoring and any specific terms applicable.
  • “REMOTE SERVICE DESK” means a remote service facility where a technical operator within the employment of the Company can connect to equipment at the customer’s premises for the purposes of remote fault diagnostics or remote programming.
  • “SPECIFICATION” means the design specification which defines the level of protection, surveillance or access afforded by the security Installation.
  • “THIRD PARTY” means anyone other than the company or the customer.

2. The Customer

  • The Customer is to provide the Company with such information relating to the Security System, its application, use, location and environment as the Company may reasonably request to enable it to carry out its duties under any agreement in place between the two parties.
  • The Customer shall notify the Company in writing of any building alterations being carried out which may affect the Security System. Any alterations to the Security System shall be carried out by the Company at the expense of the Customer.
  • You agree to give us, our workers and agents full access to your premises; to survey, measure, install, test and install the system. You also agree to provide an adequate electricity supply for the equipment to operate correctly during installation commissioning and for the lifetime operation of the system.
  • By signing a contract with us, you guarantee that you have full authority to allow the works to take place and no other consent is needed.
  • Where the company provides the customer with a partial upgrade or partial replacement of an existing security system, the company accepts no liability for the existing part of the system, and no warranty or liability shall be placed upon the company for any equipment not installed by the company.
  • Unless where specifically stated otherwise, the company accepts no responsibility for electrical testing or electrical safety inspections. The customer shall employ a third party to carry out such tests if required.
  • You will need to let us know in advance if any third party intends to carry out work on the telephone lines within your premises, as this may affect the operation of the system.
  • The Customer is under a duty to report any reasonably identifiable security system defect to the Company. The Company shall not be liable for maladministration in the operation of the System giving rise to the causation of defects. The Customer shall permit the Company to take such steps as it shall consider necessary to remedy such defects.
  • You must not interfere with, or allow anyone else to interfere with, adjust, service or attempt to repair or reset the equipment at any time. Any interference of any kind may result in an additional charge to correct any issues that may arise.
  • If the equipment activates to an Alarm Receiving Centre and needs to be reset by an engineer then we will charge in accordance with our published rates.
  • If the equipment is connected to an Alarm Receiving Centre, it is your responsibility to make sure that the telephone line is working properly and the account correctly maintained. We reserve the right to suspend or terminate monitoring services where payment has not been received, or where the customer is failing to meet obligations upon them.
  • Upon take-over of an existing security system which was installed by a third party, the company accepts no liability for the installation, or its failure to perform. Any such liability will remain with the original installer or the customer.
  • The customer agrees that the company will reserve the right not to attend the customer’s premises where a suitable response contract is not in place, or where the request does not meet the contracted terms of the contract.
  • The cost of redecoration or re-instatement made necessary by the testing, adjustment, alteration, removal or use of the Security System shall be paid for by the Customer.
  • Any work required by the Customer in excess of that contained in the contract will be requested in writing. Should the Customer merely give an oral instruction it will be confirmed in writing to the Company within 5 working days of the oral instruction. All extra work is chargeable and falls due for prompt settlement within thirty days of the invoice date.
  • If you cancel a contract before the installation work takes place, we will charge you for any equipment we have bought for your premises and make a reasonable charge for damages for breach of contract.
  • You need to notify us of any change in the layout of your Premises, as this may limit the effectiveness of the equipment in performing to the parameters set out in the specification.
  • Civil works undertaken by the Customer, including the supply and installation of ducting, concrete bases, and erecting of structures including automatic gates and CCTV towers must be complete prior to the commencement of installation works by the company. In the event the company attends the customer’s premises and the works that are the responsibility of the customer have not been completed, the company reserves the right to charge for the visit due to abortive costs being incurred.
  • The company assumes that access into new and existing cable draw pit chambers is readily available and chamber lids can be removed easily without specialist equipment. Where this is found not to be the case, the company reserves the right to apply additional charges to the customer.
  • The customer agrees that any site specific specialist induction or other training requirements required to fulfil the obligations of the contract will be notified to the company in writing prior to the issue of a quotation.
  • Design responsibility for a security system is only accepted by the company where indicated within our specification and quotation. Where the company takes over security systems from a third party, no design responsibility is accepted by the company working on behalf of the customer.
  • The customer shall supply the company all necessary drawings, site plans, service layouts and utility location plans prior to installation work taking place, this will minimise and reduce the risk of any such services being accidentally damaged by the company.

3. The Company

  • The Company shall use its best endeavours to meet the agreed SLA response time for all systems during normal working hours for the duration of the Contract Period. If the Company is unable to meet the required service call out time, the Customer will be informed of the likely attendance time. All equipment from outside of the UK will be returned to Clearview for repair and the cost of carriage will be borne by the Customer. We aim to attend site within 3 working days from receipt of Customer’s order securing engineers on site visit. Callouts outside of the UK mainland will be quoted to the customer on a visit by visit basis.
  • At the completion of any works the customer will sign an acceptance certificate. This document then defines the invoice date as well as the start date for the maintenance contract.
  • The Company shall make routine Planned Preventative Maintenance visits during normal working hours according to NSI guidelines.
  • The Company assumes no responsibility or liability for The Customer’s or any third party maintained or provided IT Network System. Where a visit has been requested against the contract and the fault reported is a direct result of The Customer’s IT network failing, the Customer will be charged according to the Company’s standard schedule of rates. The Company is not liable for any aspect of the Customer’s computer network security and will not be held liable for any security breaches of the network. The Customer is wholly responsible for the security policies and procedures of his network and the protection of data accessible via the network.
  • Engineer level access passwords allows access to technical configuration which is normally only appropriate to engineers who have technical training in system configuration. Errors in configuration settings can render the system inoperable and are therefore generally not distributed to the Customer except when the system is no longer being maintained by the Company.  If the Customer requires the password to be re-set this will require an engineer visit which will be charged at the Company’s standard schedule of rates.
  • There will be no charge made for repairs made during a service callout visit assuming that only minor consumable items are required (e.g. fuses, etc.) Where replacement parts are required (e.g. battery, PIR, fire extinguisher refill etc.), these will be invoiced following the visit. We will provide replacement equipment up to a value of £200 without a formal instruction or purchase order from you so that repairs can be made during the first visit. The Customer should advise the Company if this limit is adequate for the Customer’s requirements.
  • The Company does not warrant or otherwise undertake that the Fire or Security System will be fit for any purpose other than that for which it was intended.
  • We agree to install a new security system or partial new upgrade of an existing security system in accordance with our specification and quotation.
  • When we issue new certification after an installation visit, this shall last for the period stated on the certificate. Where Certificate of Conformities are issued the certificate shall remain the property of the company until the contract has been paid for in full.
  • We agree that, if any of the Equipment or our workmanship is faulty in the first twelve months, it will be repaired or replaced at our expense, including the cost of any call-outs.
  • We agree to carry out remote repairs or diagnostics from our remote service desk to the customer’s equipment wherever possible and our scope of cover permits.
  • We agree to take all reasonable measures to protect the customer from a cyber or internet based security attack. The company cannot guarantee that any such attack would not be successful.

4. Payment and Costs

  • If you are late in paying us, (unless the sum is disputed) we may charge you interest at the rate of 8% per year over the base rate of Nat West Bank plc from the due date until the date we receive payment. You agree to take reasonable care and insure the equipment on our behalf until you have paid for it in full.
  • The equipment installed on a new or part upgrade installation visit, does not belong to you until it has been paid for in full. If you do not pay the balance of the installation charge when it is due, we have the right to remove the equipment from your Premises without notice. By placing an order with us, you irrevocably authorise us to enter your premises to remove the equipment if payment remains outstanding.
  • The quoted costs may be revised if you want the work carried out more urgently than agreed, or you change the Specification, 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, or there are any other special circumstances we were not aware of when supplying our original quotation.
  • All telephone line installation, rental and call charges are the responsibility of the Customer.
  • If our labour or material costs increase during a maintenance contract period, we will give you two months’ notice of any increase in our annual maintenance charges.
  • If our work is interrupted or delayed because of a problem with access, or the electricity supply is inadequate, we may make an extra charge for “waiting time”. We are not liable if completion of the installation of the system is delayed due to the unavailability of facilities or other circumstances beyond our control. Installation work is normally carried out during our normal working hours of 8.30am to 4.30pm Monday to Friday except statutory holidays. Requests made by the Customer to install outside these hours may incur additional charges..
  • Any equipment forming part of the installation which is not sold to the Customer, 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. Any equipment which remains the property of the Company shall be defined in the system Specification. We reserve the right to recover such equipment on termination of the maintenance contract.

5. General

  • The Quotation offered is open for acceptance within 30 (thirty) days of the date on the quotation.
  • Whilst the Company in good faith gives a time and date for any service / maintenance visit of the Security System, it shall not liable be for delays caused by strikes, lockouts, labour disputes, weather conditions, traffic congestion or diversions, temporary police or Local Authority regulations or manufacturers’ or distributors’ material delays. These events will not give rise to a breach of contract on the Company’s part subject always to the company using all reasonable endeavours to avoid any such delays and the company notifying the customer of the delay.
  • This agreement may not be assigned by the Customer or assigned by the Company without the prior consent of the other party.
  • The Customer shall use his best endeavours to ensure that the premises are safe and without risk to the Company’s employees, servants or agents to work therein in pursuance of the Company’s obligations under the Health and Safety at Work Act of 1974 or any other similar legislation.
  • The customer shall notify the Company of any specific hazards especially the presence of asbestos. The asbestos register must be provided prior to any works taking place and should be provided at the quotation stage so that pricing reflects the additional measures that have to be taken when installing at a site containing asbestos.
  • The company reserves the right to amend, update or change the terms and conditions as defined above, with 30 days written notice to the customer.

6. Customer

  • The Customer indemnifies the Company against the effects that fire, flood, storm, tempest, malicious damage and negligence may have on the security system. The Customer shall be liable for the effects upon the partially or wholly completed Security System during any breakdown or repair and also prior to a new installation being paid for in full but in use, whether or not insurance has been effected.
  • The Customer shall not permit and shall retain liability for the wrongful use or interference by any of its employees or other persons on the Premises to any part of the Security System. The Customer shall not allow agents other than the Company’s representative to adjust, maintain, repair, replace or remove any part of the Security System.
  • Where the company carries out an inspection or provides certification to the customer, liability shall end immediately after our inspection. Certificates of conformity are valid for the period stated, liability ends on the day of inspection. The company accepts no responsibility after the inspection was carried out, due to external influences beyond our control affecting performance and safety once our engineer leaves the premises.
  • The Company does not know, and shall not be deemed to know, the true value of the Customer’s property where the security system is to be installed or maintained. The installation agreements do not constitute a means of insurance to the customer. The customer must make adequate third party arrangements with a suitable insurance provider to maintain such cover. The company accepts no liability to third parties including but not limited to insurers and underwriters where the customer has failed to notify the company in writing of any conditions which may apply to their third party agreements or policies.

We do not guarantee to the customer that:

  • Particular losses or injuries will be prevented by using our security systems or; that the system will work continuously and without errors in particular when a failure is beyond our reasonable control, for example equipment which may be of old age or prone to the ingress of water due to its design.
  • If our customer makes incorrect adjustments to any equipment supplied or maintained by the Company, no Liability will be accepted by the company.
  • The Company shall not be liable for the costs of any work, repairs or replacement of Equipment which results from fire, electrical power surge, storm, flood, accident, neglect, misuse or malicious damage.
  • The Company has provided limited insurance cover for itself with indemnity for claims made against it in respect of accident, injury, loss or damage. Cover also extends to failure to perform and wrongful advice given unwittingly. A copy of the relevant insurance schedule is available to the Customer upon request.
  • Although the Installation is designed to detect or deter intrusion and reduce the risk of loss or damage, the company does not represent or warrant that the installation may not be neutralised, circumvented or otherwise rendered ineffective by unauthorised persons and in such event the Company shall not be liable for any loss or damage suffered by the Customer or other unauthorised persons. The Company accepts no liability for claims falling outside the ambit of the indemnity referred to above and the Customer is advised to arrange sufficient insurance cover in respect of claims arising due to injury, loss or damage howsoever caused.
  • Like all electronic equipment, the system could fail in rare and exceptional circumstances and the Company cannot guarantee that it will be operational at any specific time or for any specific period. The Company will explain what regular tests can be performed to verify that detection equipment is operational between routine maintenance visits carried out by the Company.
  • Where the company takes over an existing security system which was installed or maintained by others, we assume the system and any wiring associated to it is in full working order. The Company has no knowledge of such systems and the customer must therefore notify the company in writing of any defects which occur on the system. The company can accept no liability for such systems as we have no knowledge of the customers system or the quality of workmanship including work standards to which it was originally installed.
  • Where the customer fails to act upon remedial work identified by the company, no liability will be accepted by the company.
  • The company accepts no liability where the customer fails to notify in writing prior to contract commencement, any conditions or arrangements it has with third parties. These include but are not limited to Insurers, or underwriters. This includes any specifications; essential coverage plans, response times, or key performance requirements which must met by the company on behalf of the customer; as a condition of the third party agreement between the customer and that third party.

Termination

  • Either party shall have the right at any time by giving notice in writing to the other to terminate this agreement if the other party commits a breach of any of the terms and conditions of this agreement. Any breach will be identified and either party will have 14 days to try and find a remedy. If this is not possible then the contract will be terminated with a breach notice. In the event of termination under this clause the company shall refund to the customer any pre-paid maintenance charge relating to the period after the date of termination.
  • If you wish to terminate the Contract with less than two months’ notice, the Company reserves the right to charge any monitoring charges if these have already been paid in advance by the Company on your behalf. Where the customer wishes to terminate a fixed term contract before its expiry period, any remaining duration must be paid for in full and early termination costs shall apply.
  • The Company may terminate this Contract should the Customer breach any of its conditions or if the Customer is in arrears with any payments due for a period in excess of 30 days. This will not prejudice the Company’s right to reclaim the payment outstanding. In such circumstances, seven days’ notice of cessation of any remote monitoring or remote support will be given by the Company.
  • In the event that the maintenance contract is terminated, the Company shall be provided with access to recover any equipment and/or firmware which did not belong to the Customer but was rented from the Company.
  • The company reserves the right to cancel any purchase order placed by the customer, without incurring any liability.

Force Majeure

Any failure by the Company to fulfil any of its obligations under the terms of this Contract due to reasons beyond its control shall not be considered a breach of this Contract.

Applicable Law

This Contract is governed by the laws of England and Wales as the case may be and each party submits to the jurisdiction of the courts thereof.