Terms and Conditions
- We/Our/Us – In Touch Alarms Ltd trading as Community Alarms South Lakeland
- Goods – the goods that We are providing to you as set out in your Order.
- Order – your order for the Goods and Services
- Services – the service We are providing to you as set out in the Order.
- Terms – the terms and conditions of this document and the accompanying brochure and notice.
These are the terms and conditions on which We supply Goods and Services to you.
Please read these carefully, and check that the details are correct. If there are any errors, or you need to make any changes, please contact Us
These Terms will become binding on you and Us when we supply and install the Goods and set up the Service.
We may revise these Terms from time to time but We will give you one month’s written notice of the changes before they take effect.
Supply of Goods and Services
At all times Community Alarms South Lakeland owns the Goods
If the Goods are faulty
As a Consumer , you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens Advice Bureau, or Trading Standards Office. Nothing in these Terms will affect these legal rights.
Third Party Manufacturer’s Guarantee of Goods
The Goods come with a manufacturer’s guarantee. This guarantee is in addition to your legal rights in relation to the Goods that are faulty or not as described.
We will provide the Service to you from the date of installation of the Goods.
We require from You the following: certain information, consents, and actions to ensure that the Service and Goods function correctly; namely
We require you to provide the following information to ensure that the Service functions correctly:
- Two contact names and telephone numbers. You must advise us when any change takes place to these Contact details.
- You must notify us when you make a change to your phone line provider. A change in provider may cause the Services to fail.
- You must test your Alarm Unit every month. We also will make periodic visits to ensure the Goods are working properly.
- You must not change the installation of Our Goods in any way as this may affect the functioning of the Goods. Please contact Us before you make any changes.
- Part of Our Service is to provide you with a 24 hour monitoring service provided by a third party provider. The monitoring service will handle your calls in manner most appropriate to the immediate circumstances determined by the monitoring service’s procedures, and the judgement of the Call Centre operator. We do not accept any liability for any fault defect or failure in the connection to the call centre
- You agree that all calls made to the monitoring centre are recorded for the purposes of monitoring this service
- You agree to personal information about you being held on computer file to be used only in the event of you making an emergency call to the call centre
- We may have to suspend services if We have to deal with technical problems, or to make improvement agreed between you and Us in writing to the Services. We will contact you in advance unless the changes are caused by an emergency.
- We may suspend the Services with immediate effect if you do not pay us for the Service. We will contact you to tell you this.
- The Goods are to be installed by Us according to the Manufacturer’s recommendation as “first on line”. “First on line” means that your alarm unit is installed as the first device attached to your primary incoming phone socket. This ensures that no other device on your phone line can prevent the alarm unit from sending a call to the control centre. We will make every effort to place the Goods “first on line”; where We cannot do this, or when you ask Us not to do this; We will advise you that there is a small risk that the alarm unit will not be able to send a call in an emergency
If there is a problem with the Service
In the unlikely event that there is any defect with the Goods or Service, please contact Us and tell Us as soon as possible. This will give Us a reasonable opportunity to repair the defect. We will use every effort to either repair the defect or replace the Goods within 48 hours.
Price and Payment
We will ask you to pay for the Service quarterly in advance. We will invoice you for the Service until the agreement is ended. You must settle our invoice within 14 days. If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base rate.
Our Liability to You.
We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time We entered into this contract.
If We are installing the Goods in your property, We will make good any damage to your property caused by Us in the course of installation or performance. However, We are not responsible for the cost of repairing any pre-existing faults or damage that We discover in the course of installation and/or performance by Us.
We only supply the Goods for domestic and private use.
We do not exclude or limit Our liability for; death, or personal injury caused by Our negligence or the negligence of Our employees, agents, or subcontractors; fraud or fraudulent misrepresentation; breach of the terms implied by section 12 of the Sale of Goods Act 1979 And by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); breach by the terms implied by sections 13,14,and 15 of the Sale of Goods Act 1979 and sections 3,4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples; and defective products under the Consumer Protection Act 1987.
Events outside our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond Our reasonable control ; including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack, war (whether declared or not) or threat of or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms We will contact you as soon as reasonably possible to notify you.
Our obligations under these terms will be suspended and the time for the performance of these obligations will be extended for the duration of these Events Outside Our Control. Where the Event Outside Our Control affects the performance of Our Services to you, We will restart the Services as soon as is reasonably possible after the Event Outside Our Control is over.
You may cancel the Contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods and Services.
Damage to your home
If you are unable to respond to the control centre when the alarm has been pressed, the centre staff will make a decision on whether or not to call for emergency assistance. If the persons called to give assistance have to force entry into your home then We are not liable for any damage caused to your property, nor the cost of repairing your property.
Your rights to cancel
Before we begin to provide the Service to you, you have the following rights to cancel your Order, including where you choose to cancel because we are affected by an Event Outside Our Control or We change these terms to your material disadvantage. You may cancel any order for the service before We install the service in your home. If you have made an advance payment We will refund this amount to you.
On cancellation the Goods must be returned to Us. We will arrange collection by a staff member, or the goods can be returned to Our office.
Once We have begun to provide the service to you, you may cancel the service. Any partially-used quarterly payments made by you will not be refundable, but unused quarterly payments will be returned to you.
You may cancel the service with immediate effect by giving Us written notice if we: break this Contract in any material way and do not correct or fix the situation within 7 days of you asking Us to do so.; or We go into liquidation or a receiver or an administrator is appointed over Our assets,; or We change these terms to your material disadvantage; and/or We are affected by an Event Outside Our Control.
Our Rights to Cancel and Applicable Refund
Once We have begun to provide the Service to You, We may cancel the service at any time by providing you with one month’s notice in writing. Any advance payments of unused quarterly amounts will be returned to you.
We may cancel the Contract at any time with immediate effect by giving you written notice if : you do not pay Us when you are supposed to do so; or you break this Contract in any material way and you do not correct or fix the situation within 14 days of Us asking you to do so in writing.
Information about Us
We are a company registered in England & Wales. Our company registration number is 5846700 and Our registered office is Stricklandgate House Stricklandgate Kendal LA9 4PU.
Please direct questions and complaints to Our office number 01539 735805 or by email to email@example.com. If We have to contact you or give you notice in writing We will do so by email, hand, or by pre-paid post to the address you provide for Us in your Order.
We will only use the personal information you give to Us to provide the Service to you , and to process your payments for the Service. This means that your details will be shared with the call centres which respond to your calls, the emergency services if they are called out, and the staff and sub-contractors working for Us.
We will not give your personal data to any other third party.
Other Important Terms
We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
If We fail to insist that you perform any of your obligations under these terms, or if We do not enforce Our rights against you, or if We delay in doing so, ; that does not mean that We have waived our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
These Terms are governed by English law.