ACTIVE SECURITY SOLUTIONS
INTRUDER ALARM, CCTV & ACCESS CONTROL
MONITORING & SERVICE TERMS AND CONDITIONS
1. INTERPRETATION.
1.1. In these Terms and Conditions
'ALERT’ means Alert transmitted to the Control Centre.
“Commencement Date” means the Start Date on the Monitoring/Service Agreement.
“Conditions” means Fees, Terms and Conditions and “unless the context otherwise requires” include any Special Terms and Conditions agreed in writing between the Customer and Active Security Solutions.
“Contract” means the Contract for the supply of the Monitoring Service consisting of the Monitoring/Service Agreement, these conditions and the Service/Maintenance Report
“Customer” means the person in the Monitoring/Service Agreement who has ordered or agreed to receive the Monitoring/Service.
“Emergency Alert” means the Alert triggered by the Manual Emergency Button.
“Emergency Instructions” mean instructions given by the customer to Active Security Solutions relating to an Emergency Alert, a Fire Alert or a Garda Alert.
‘Fire Alert” means the Alert triggered by a Smoke Detector or the Manual Fire Button.
“Garda Alert” means the Alert triggered by a Sensor, a Motion Detector, a Manual Police Button or the Master Control Unit in the System at the Installation address.
“Installation Address” means the address of the Customer nominated on the Monitoring/Service Agreement.
“Keyholder” means the person nominated in the Emergency Instructions.
“Minimum Terms” means Twelve (12) Months from the Commencement Date
“Monitoring Control Centre” means the office operated and provided by AMS for the purpose of receiving Alerts and carrying out emergency instructions.
“Standard Service” means a Maintenance Service provided by Active Security Solutions for an Annual Charge which is exclusive of all labour charges.
“Comprehensive Service” means the Maintenance Service described in the Standard Service and includes all parts, replacement and labour costs.
“System” means the equipment or component together with any additional components ordered from Active Security Solutions by the Customer at the time of delivery or installation thereafter.
“Monitoring Services” means the provision, staffing and operation of the Monitoring Control Centre on a seven day week twenty four hour basis enabling Alerts to be received complying with the appropriate Emergency Instruction as soon as practicable.
Any reference in these Terms and Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
All these Terms and Conditions apply to Customers who take the Monitoring and the routine Inspection Services, ie. Service B, C or D.
All these Terms and Conditions (except Part 4) apply to Customers who take the Monitoring Service only.
All these Terms and Conditions (except Part 3) apply to the Customer who takes the Routine Inspection Service only, i.e. Service A and E.
2. COMMENCEMET AND DURATION
2.1. The contract shall come into force on the commencement date and shall subject to Clause 2.2 remain in force for the minimum term and thereafter until termination by either party having given not less than one month’s notice.
2.2. Active Security Solutions may terminate this contract by notice in writing to the customer in any of the following events:
(1) If any fee or charge payable to Active Security Solutions is in arrears for fourteen days after the day of due payment; or
(2) The customer has failed by due date to give security or advance payment as required by Active Security Solutions; or
(3) If the customer is guilty of any breach, non-observance or non-performance of their obligations; or
(4) If the company goes into receivership and/or liquidation. In such an event, Active Security Solutions shall have retention of title on all goods and items supplied by Active Security Solutions.
(5) The customer is an individual and becomes bankrupt. In such an event, Active Security Solutions shall have full retention of title on all goods and items supplied by Active Security Solutions.
2.3. Termination of this contract for any cause shall not affect the rights and/or obligations of the parties hereto in relation to anything done prior to such termination and these conditions shall continue to bind the parties in so far and for so long as they be necessary to give effect to such rights and obligations.
2.4. In the event of termination, Active Security Solutions shall not be obliged to comply thereafter with Emergency instructions and shall withdraw their services.
3. MONITORING SERVICE
3.1. Active Security Solutions from the commencement date, for the duration of this contract, shall provide the monitoring service to the customer in respect of the system at the installation address.
3.2. The customer is responsible for providing accurate Emergency Instructions and all information within a sufficient time to enable Active Security Solutions to perform the contract in accordance with the terms.
3.3. The Emergency Instructions may be amended, altered or revoked by Active Security Solutions.
3.4. Active Security Solutions reserves the right to make any changes to the Monitoring Services in compliance with the applicable Safety and Statutory requirements of the Garda Siochana, Fire Services, Health Board and National Standards Authority of Ireland.
3.5. All accidental or inadvertent Alerts shall be cancelled immediately or as soon as possible by the customer.
3.6. If any claim is made against Active Security Solutions on the grounds that the operation of the Monitoring Service resulted in the provision of services or attendance by such person or persons at the installation address without just and sufficient cause and that costs and expenses were incurred by such person, the customer shall indemnify Active Security Solutions in respect of all loss and injury, and all costs, fees and expenses incurred by Active Security Solutions as a result thereof including any damages and costs awarded by any Court and any loss or injury suffered by compliance with any injunction ordered.
4. ROUTINE INSPECTION SERVICES
4.1. The Routine Inspection Service shall consist of
(1) Providing customer access to the Helpline at such days and times as determined by Active Security Solutions.
(2) Preventative routine inspections by Active Security Solutions on request by the customer not more often than once in every twelve month period at the installation address or by telephone. Any additional maintenance service other than 4.1.(2) will be provided at a separate charge.
4.2. Routine Inspection Service and Standard Service and Comprehensive Service provided under this Agreement does not include visits to the installation address for the purpose of
(1) Rectifying any failure or malfunction of the system caused directly or indirectly by accident, negligence, misuse or by adverse environment conditions, electrical current fluctuations or deliberate damage resulting from reckless, negligent or careless conduct (including omission) of the customer or resulting from wear and tear other than in respect of any failure or malfunction resulting from fair wear and tear.
(2) Use of the system other than for the use which it is intended or otherwise in accordance with instructions given at the time by Active Security Solutions.
(3) Remedial maintenance necessitated by the undertaking of work on the system or for remedial maintenance on any component from a source other than Active Security Solutions unless approved by Active Security Solutions or
(4) Remedial maintenance necessitated by riot or civil commotion, natural disaster (including flooding, fire, wind, lightning) or act of a third party whether acting (including by omission) maliciously, negligently, carelessly or imprudently.
5. CHARGEABLE CALLS
5.1 Active Security Solutions shall not be obliged to respond to any request for the provision of maintenance services at the installation address, but if it does, such maintenance shall be charged at the prevailing rates, overtime or other special rates and shall only be provided on such dates and at such times as Active Security Solutions may determine.
5.2. Replacement parts shall be deemed as replacements and shall attach to and form part of the system. Ownership of the replacement parts shall pass to Active Security Solutions on such replacement.
5.3. Upon completion of each routine inspection and completion of each visit for the purpose of remedial maintenance, the customer shall sign a Service, Maintenance, Add on Report.
6. FEES, CHARGES AND PAYMENT
6.1. The Customer shall pay all applicable fees and charges of the type and amounts stated and referred to in the Monitoring/Service Agreement and/or the Price List of Active Security Solutions within seven days of receipt of accounts issued by Active Security Solutions. Fees may be increased or decreased by Active Security Solutions by giving not less than fourteen days notice. The customer shall be liable for the applicable VAT on all accounts.
6.2. Active Security Solutions reserves the right to charge for any works done by them, which is attributable to the customer’s failure to perform its obligations under this Contract.
6.3. Active Security Solutions may require a Security Deposit in respect of fees and charges payable and if the customer fails to render or give such security or advance payment by the due date demanded, Active Security Solutions may forthwith and without further notice withdraw the services provided under to contract from the customer.
6.4. If any payment is overdue for more than 21 days, Active Security Solutions may by notice in writing
(1) withdraw the services provided in the contract and/or
(2) charge the customer interest on the amount unpaid compounded monthly at a rate of 6% per annum above the Bank of Ireland AAA Overdraft Rate from time to time until payment in full is made.
7. EXCEPTIONS AND LIMITATIONS LIABILITY
7.1. The customer undertakes to procure and maintain adequate Asset and Contents Insurance in respect of to installation address or other premises at which the system is located. Active Security Solutions make no guarantee or warranty that the services provided in this contract will avert or prevent occurrences or the consequences of occurrences which the system is intended to detect. The total liability of Active Security Solutions in respect of any injury, loss or damage suffered by a customer by reason of failure or delay in the provision, operation or maintenance by Active Security Solutions of the services provided under this contract or in respect of any failure, interpretation or restriction of the services provided under this contract shall not exceed €5,000 in respect of the customer for the duration of the contract.
7.2. Except as expressly reserved or provided in these conditions, Active Security Solutions shall not be liable to the customer by reason of any representation or any implied warranty, condition or other term or any duty at common law or under the express term of the contract and consequential loss or damage, cost, expenses or other claims with the consequence of compensation whatever (whether caused by the negligence of Active Security Solutions, its employees, agents or otherwise) which arise out of or in connection with the supply or pretended supply of the services provided under the contract. All implied conditions or warranties, whether statutory, contractual or otherwise, relating to the provision of any services under this contract, are hereby excluded to the fullest extent permitted by law.
7.3. Active Security Solutions shall not be liable to the customer or deemed to be in breach of contract by reason of any delay in performing or failure to perform any of its obligations in relation to services provided under the contract if the delay or failure is due to any cause beyond the reasonable control of Active Security Solutions. Without prejudice to the generality of the foregoing, the following shall be regarded as caused beyond the reasonable control of Active Security Solutions
(1) Act of God, explosion, flood, tempest, fire or accident,
(2) War or threat of war, sabotage, insurrection, civil disturbance or requisition.
(3) Acts, restrictions, regulations, byelaws, prohibitions or measure of any kind on the part of any government, paramilitary or local authority, or electricity or telecommunication services, or the Garda Siochana, Fire Authority, Health Board or National Standards Authority of Ireland.
(4) Import or export regulations or embargoes.
(5) Strikes, lockouts or other industrial actions or trade disputes (whether involving employees of Active Security Solutions or a third party);
(6) Difficulties in retaining systems, labour, fuel, parts or machinery;
(7) Restriction, interpretation or failure of electrical power or telecommunication services (in either case, whether provided by the customer or Active Security Solutions), or breakdown in machinery.
8. REGULATORY REQUIREMENTS.
8.1. The customer consents to
(1) Active Security Solutions notifying the Garda Siochana of any change, removal or relocation of the customer’s system.
(2) The storage on computer and retention by the Garda Siochana of data on the customer’s system for the purpose of crime prevention and detection.
(3) Inspection by An Garda Siochana and the National Standards Authority of Ireland of the customer’s system at the installation address upon reasonable notice.
8.2. The customer hereby undertakes to give within 24 hours of acquisition of the system, notification to the Garda Siochana specifying at least two keyholders who shall be capable of attending the installation address within 30 minutes of being notified.
9. GENERAL
9.1. The customer warrants and undertakes that he is authorised to remit Active Security Solutions, to attach the system’s components in respect of which the services are provided and the customer indemnifies Active Security Solutions against any loss or damage that they may suffer as a result of a breach by the customer of this warranty.
9.2. Any records and documents of Active Security Solutions may be created, recorded, stored, maintained, transmitted, reproduced and communicated by any electronic, photographic, computerised or other process.
9.3. The documents as listed in Clause 9.2. may be used by Active Security Solutions as evidence in any Court Tribunal or other forum.
9.4. Notice may be served on the customer by ordinary post or registered post or by delivering same to the installation address or any other address notified or agreed with the customer.
9.5. Any account may be served in the manner as listed in Clause 9.4 and shall be deemed to have been properly served to the customer at the installation address.
9.6. Any notice or account sent to the customer by ordinary post shall be deemed to be received by him on the day that is the second postal day after to day of such posting,
9.7. No forbearance, indulgence or relaxation on the part of Active Security Solutions in respect of the provisions of the contract shall in any way affect, diminish, restrict or prejudice the rights or powers of Active Security Solutions under these conditions to operate or be deemed to be a waiver of any breach by the customer of these conditions.
9.8. The customer hereby waives all and any future claims and rights to set off against any payments due hereunder and agrees to pay the fees and charges and other amounts hereunder regardless of any equity, set-off or cross-claim on the part of the customer against Active Security Solutions.
9.9. Active Security Solutions shall be entitled to assign or subcontract all or any of its obligations hereunder. The customer shall not assign, subcontract or otherwise dispose of the contract or any part of thereof of any benefit hereunder without prior consent in writing of Active Security Solutions.
9.10. Any notice required to be given by the customer to Active Security Solutions should be addressed to Active Security Solutions, Rawalpindi, Kill Lane, Foxrock, Dublin 18.
9.11. If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected thereby.
9.12. The contract shall be governed by and construed in accordance with Irish Law.
9.13. The customer acknowledges that this agreement supersedes all prior undertakings, agreements, representations or communications, whether written or oral, between the parties relating to the provision of services provided under this contract.
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