Close Icon
Awards

Terms & Conditions

Our terms and conditions of business.

Definitions

1.1 The Agreement:

The Agreement consists of these Terms and Conditions together with the quotation for the annual service maintenance.

1.2 The Contract:

The Contract means the service and maintenance of the Fire and/or Security System as detailed on the previous pages.

1.3 Equipment:

This consists of any equipment used within the Fire and/or Security System as agreed is covered by The Contract.

1.4 Commissioning Date:

In the case of a ClearView installation:  The date on which the Company completes the Installation of the Fire and/or Security System as in the specification and it is handed over to the customer and accepted by the customer.

1.5 Routine Proactive Preventative Maintenance (PPM) Visit:

Any visit made by the Company to the premises during normal working hours for the purpose of maintaining the Fire and/or Security System.

There will be no charge made for repairs made during the visit assuming that only minor consumable items are required (e.g. fuses, gaskets etc.).

Where replacement parts are required (e.g. battery, fire sprinkler head, fire extinguisher refill/ exchange etc.), we shall provide replacement equipment up to the value of £300 without a formal instruction or purchase order, so that repairs can be made during the first visit.  ClearView offers a critical spares plan, whereby replacement parts may be ordered in advance and held onsite to reduce callout frequency and increase first fix rates. 1.6 Reactive Service Visit:

A visit made to the premises at the request of the Customer for any purpose other than routine maintenance. Any visit made as a result of operator error will be charged according to the Company’s standard schedule of rates.  Parts will be charged as described in the PPM section above.  If it is not possible to repair faulty equipment on-site, it may need to be removed for workshop repair. If this is necessary, every endeavour will be made to leave the Fire and/or Security System in an operational state, even if equipment has been removed. All repairs carried out off site will incur a labour and repair charge. Once repairs have been completed the equipment will be returned to site and will be subject to travel time cost (applicable for Silver Contract), in addition to the original reduced call out charge.  Prior approval from the Customer will be required in order to agree these additional costs.

1.7 Term and Termination:

The Contract Term is from the contract start date for a minimum of 36 months continuing thereafter from year to year unless terminated as per the contract terms and conditions. This agreement will automatically renew at the end of each term for a further year unless the Customer provides Company with written notice of termination at least 30 days prior to the end of the contract term.  At automatic renewal, the annual contract rate will increase by 5% in the event of no scope change. ClearView reserves the right to make a price change outside of the contract

Term in the event of any change of scope, for example; an increase of equipment to be covered in the contract etc.  In such a case, formal notice will be issued to the Customer 30 days in advance of implementation. The service contract may be terminated by either party giving to the other 30 days’ notice in writing, if the contract terms and conditions have been breached, such notice to be served so as to expire at the end of the initial term or any subsequent anniversary of the start date of this maintenance agreement.

An annual price review will apply each year of the service contract. Any additional equipment that has come out of warranty during the contract term will be calculated and added into maintenance renewal costs for the next year. When a discounted multiple year contract option is purchased and then subsequently terminated by the customer prior to its end date, a charge of 25% of the total contract value (not the annual contract cost) will become due to the Company.

1.8 Normal Working Hours:

From 0830 to 1700 hours subject to alteration by agreement between both parties, Monday to Friday inclusive accept Statutory, Public and National Holidays.

1.9 The Premises:

The property/properties at which the Fire and/or Security System is installed and/or maintained.

The Customer

2.1 Payment:

Payment may be made in two ways.

Annually in advance:  The Customer shall be liable to pay the cost of the service maintenance contract within thirty days of the Commencement

Date on an annual basis. A VAT invoice will be issued and upon receipt of the signed agreement, together with an official purchase order, the contract may commence.

Monthly by Direct Debit:  A £12 administration fee will be payable annually for Direct Debit payments.  Direct Debit Payments will be drawn on the 25th of every month and a fee of £0.50 will apply to every Direct Debit that is returned as unpaid.

2.2 Indemnities:

The Customer indemnifies the Company against the effects that fire, flood, storm, tempest, malicious damage and negligence may have on the Fire and/or Security System. The Customer shall be liable for the effects upon the partially or wholly completed Fire and/or Security System during breakdown or repair whether or not insurance has been affected.

2.3 Wrongful Use:

The Customer shall not permit – and retain liability for – the wrongful use or interference by any of its employees or other persons on the Premises to any part of the Fire and/or 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 Fire and/or Security System.

2.4 Information:

The Customer is to provide the Company with such information relating to the Fire and/or Security System, its application, use, location and environment as the Company may reasonably request to enable it to carry out its duties under the agreement.

2.5 Defects:

The Customer is under a duty to report any reasonable identifiable defect to the Fire and/or Security System. 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.

2.5 Structural Alterations:

The Customer shall notify the Company in writing of any building alterations being accrued out which may affect the Fire and/or Security System. Any alterations to the Fire and/or Security System shall be carried out by the Company at the expense of the Customer.

2.7 Redecoration and Re-Instatement:

The cost of redecoration or re-instatement made necessary by the testing, adjustment, alteration, removal or use of the Fire and/or Security System shall be paid for by the Customer.

2.8 Variations to the Contract:

Any work required by the Customer in excess of that contained in the service / maintenance agreement 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 invoice.

2.9 Health and Safety:

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 I974 or any other similar legislation. All known risks must be clearly identified by the Customer to the Company

The Company

3.1 Advice Line:

A telephone helpline is available during normal working hours 0830-16:30 if advice on equipment operation is required.  Users may speak with an engineer familiar with the equipment who will be able to talk the user through the system.

3.2 Reactive Service Visits:

The Company shall use its best endeavours to meet the agreed response time for all systems within the UK mainland during normal working hours for the duration of the Contract Period. If the Company is unable to meet the required service callout time, the Customer will be informed of the likely attendance time. All systems on sites outside of the UK mainland will be returned to Clearview Communications for repair and the cost of carriage will be borne by the Customer. Callouts outside of the UK mainland will be quoted to the customer on a visit by visit basis.  We aim to attend site within 3 working days from receipt of Customer’s order securing engineers on site visit.

3.3 Routine Proactive Preventative Maintenance (PPM) Visits:

The Company shall make maintenance visits during normal working hours from time to time, according to NSI guidelines, but in any event not less than once a year.

3.3 Routine Proactive Preventative Maintenance (PPM) Visits:

The Company shall make maintenance visits during normal working hours from time to time, according to NSI guidelines, but in any event not less than once a year.

3.4 Lighting:

The company does not consider the failure of lighting due to blown lamp bulbs warrants an emergency callout visit and therefore will attend as soon as practicable, unless specifically requested by the customer in which case the Customer will be charged according to the Company’s standard schedule of rates.

3.5 Network:

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.

3.6 Passwords:

Engineer level access 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 and passed back to the Customer for alternative support arrangements.  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.

General

4.1 Acceptance:

The Quotation offered is open for acceptance within 30 (thirty) days from the date thereof.

4.2 Breach of Agreement:   

Either party shall have the right at any time by giving notice in writing to the other to terminate this agreement forthwith if the other party commits a breach of any of the terms and conditions of this agreement i.e. SLA’s not met, and in the case of a breach capable of remedy has not complied with a default notice specifying the breach and requiring its remedy within 14 days. 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.

4.3 Delays:

Whilst the Company in good faith gives a time and date for any service / maintenance visit of the Fire and/or Security System, it shall be held harmless and not liable 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.

4.4 Law:

This agreement is governed by and shall be construed in accordance with English Law.

4.5 Transfer and Change of Name:

This agreement may not be assigned by the Customer or assigned by the Company without the prior consent of the other party.

4.6 Notices:

Any notice to be given here under by either post to the other shall be in writing and signed by or on behalf of the party.

Fully Accredited

Peace of mind through certification to the highest industry standards.

Experienced

Over 20 years providing bespoke CCTV, fire & security solutions from our 2,000m² HQ in Essex.

Specialists

Complete fire & security service with rapid response 24/7, 365 days a year.