Safe Simple Secure Consumer Terms and Conditions of Business
1. Definitions and Interpretation
In these terms and conditions:-
“Acceptance” means the Customer’s acceptance of the Quotation, whether by HelloSign or otherwise in writing.
“Agreement” means these terms and conditions together with the Quotation.
“Alarm Receiving Centre” means a continuously manned remote centre to which alarm activations and/or video data are signalled and passed to the relevant response authority (eg police, fire brigade,keyholder).
“Commencement Date” means the date of your Acceptance of our Quotation.
“the Company” and “We / Us / Our” means Safe Simple Secure Limited, a company registered in Scotland (Company no SC336948) and with its registered office at 50 Corstorphine Road, Edinburgh, EH12 6JQ.
“the Contract Price” means the price for the Services as set out in the Quotation.
“the Customer” and “You / Your” means the person or persons identified in the Quotation and includes their successors or personal representatives.
“Equipment” means items comprising hardware, equipment or software, or any combination thereof, whether or not as part of a System and as set out in the Quotation.
“Event Outside Our Control” means any cause materially affecting the performance of our obligations under the Agreement arising from any event or circumstances beyond our reasonable control including including but not limited to, Acts of God, fire, lightening, explosion, war, disorder, pandemic or epidemic, flood, industrial dispute (whether or not involving our employees), failures or interruptions of electricity or water supplies, weather of exceptional severity or acts of local or central government or other authorities.
“HelloSign” means the electronic signature application used by the Company for quotation acceptances.
“Installation” means the installation of the System at the Customer’s Premises.
“Installation Charge” means the cost of the Installation as identified in the Quotation.
“Installation Date” means the date agreed between the Customer and the Company for the installation of the System.
“Normal Working Hours” means 9.00 am – 5.00 pm Monday to Friday excluding 25th December, 26th December, 1st January and 2nd January.
“Order” means your Acceptance of our Quotation, together with the Quotation itself.
“the Premises” means the Premises, location or premises where the Services are being provided.
“the Quotation” means the quotation sent to the Customer which sets out the Equipment and Services to be provided, Contract Price, estimated completion time and such other specific terms as may be appropriate.
“Services” means the Installation of the System and/or other services provided by the Company.
“Specification” means the design specification which defines the level of protection, surveillance or access afforded by the System.
“Specification Notes” means the instructions to the Customer ‘Specification Notes’ set out in the Quotation.
“System” means the security system as specified in the Quotation.
“System Handover” means the handover of the functioning System to the Customer by the Company.
Unless otherwise stated in writing, all orders are accepted subject to these terms and conditions as stated herein and the Customer by authorising or allowing work to proceed is deemed to have acknowledged this fact.
These terms and conditions should be read together with the Quotation. If there is any conflict between the Quotation and these terms and conditions, the provisions of the Quotation shall prevail.
3.1 Should the Customer decide that changes are required after a Quotation has been issued by the Company, then the Company shall accept these changes whenever reasonably possible, subject to agreement by the Customer to any changes to the Contract Price, date(s) of performance or other aspects of the Instruction which may arise from such changes.
3.2 If delivery of the Equipment or Services is impeded or delayed by the Customer, his contractors or third parties so as to change the requirements, scope or duration of the Equipment or Services, the Company shall advise the Customer of the effects including any increase in the Contract Price and the Agreement shall be modified to reflect such changes.
4. Customer Obligations
4.1 The Customer shall provide the Company and its employees, agents, sub-contractors with:
4.1.1 full access to the Premises during Normal Working Hours to survey, measure, conduct an initial test, install, test and service the System;
4.1.2 a dedicated 240 volt AC unswitched power supply to each part of the System and sound electrical earthing connection where it is required for the Company to carry out the services. The power supply must be installed by an approved electrician to the relevant regulations and must be in safe working order;
4.1.3 free access to the premises on the Installation Date, and arrange for easy access to all working areas and surfaces for the Company engineers to carry out the necessary work to install the System;
4.1.4 a safe working environment;
4.1.5 details of the location of any concealed pipes and wires which may affect the Installation or operation of the System or the Services and about any known risks and any hazardous materials at the Premises; and
4.1.6 any other relevant information about the Premises which they ought to know prior to the Installation or provision of the Services;
4.2 Furthermore, the Customer shall:
4.2.1 operate the System according to the Specification Notes and all reasonable Instructions issued by the Company;
4.2.2 Provide a telephone line and a broadband connection at the Premises and pay any telephone, electricity and other utility bills which the System requires so that the Services are not interrupted;
4.3 The Customer shall inform the Company immediately if any one or more of the following occur:
4.3.1 a defect or fault in the System;
4.3.2 anyone tampers with the System;
4.3.3 any part of the System is damaged or stolen; or
4.3.4 the System has been subjected to any unusual operating or environmental conditions.
4.4 The Customer may need prior approval from the police or another authority to allow the Company to provide the Services. In those circumstances, the Customer shall:
4.4.1 use its reasonable endeavours to enter into any necessary agreement with these authorities;
4.4.2 provide all reasonable information requested by such authority and inform them of any changes to such information;
4.4.3 pay all fees required to obtain the relevant approval;
4.4.4 meet and maintain all criteria issued by any of these authorities;
4.4.5 obtain any relevant planning permissions; and
4.4.6 inform the Company as soon as possible if any approval is amended or withdrawn.
4.5 The Customer shall not interfere with or permit any third party to interfere with, adjust, test, service or attempt to repair the System.
4.6 If the Equipment is connected to an Alarm Receiving Centre, it is the Customer’s responsibility to make sure that the telephone line and broadband are working properly and the account correctly maintained.
4.7 The Customer must notify the Company of any change in the layout of the Premises, as this may affect the effectiveness of the Equipment to detect movement or intrusion.
4.8 If the Equipment activates to the Alarm Receiving Centre, the Customer must inform the Alarm Receiving Centre as soon as possible. If the Equipment needs to be reset, we may charge you at our usual rates then in force.
4.9 The Customer must inform the Company in advance if any third party intends to carry out work on the telephone lines within the premises, as this may affect the Equipment’s effectiveness.
4.10 You must (on or immediately after the Installation Date) notify the Company and/or Police in writing of the addresses and telephone numbers of persons who hold keys or codes for the System and the persons responsible for the opening and closing of the premises and upon any change notify the Company and Police immediately in writing. The Company shall not be responsible or liable for any loss or damage caused or resulting from any failure to notify the Company or Police.
5. Company’s Duties
5.1 The Company shall exercise reasonable skill, care and diligence in the performance of the Services, in accordance with the standards of a qualified and competent Company experienced in carrying out work of a similar scope and complexity to the Services.
5.2 Subject to clause 5.4, we will supply the Services to you on the dates and at the times set out in the Quotation or otherwise agreed between us verbally or in writing.
5.3 We will endeavour to complete the Services on the date and at the times agreed between us but there may be delays due to an Event Outside Our Control.
5.4 The Company will install the System at the Premises specified in the Quotation on the anticipated delivery date quoted by the Company provided that the Company has by that date received payment of 50% of the Installation Charge as referred to in Clause 6.1.1.
5.5 The Company will use reasonable endeavours to install the System neatly and to conceal cables wherever possible, but where this is impractical the cables will be surface run.
5.6 The System will be installed in accordance with the recommendations contained in the British Standard Institute’s specification for intruder alarms on buildings current from time to time on the date on which installation starts. Any change made in the Standard for intruder alarms will not be deemed to be retrospective to existing installations.
5.7 On installation, the Company will give one briefing and demonstration of the System to the Customer or his/her representative. (There will be an additional charge if further instructions are required.) This demonstration, the operating instructions, keys or code number will be supplied to the Customer on payment of the balance of the Installation Charge as set out in Clause 6.1.2.
5.8 If applicable, the Company will conduct an ‘initial test’ prior to commencing the installation to test if the existing system is in full working order. Any initial test will not include testing of cables and wiring installed within the fabric of the Premises or buried underground to ensure they conform to the relevant British or European standards.
5.9 The Company will use its reasonable endeavours to install the System within a reasonable period of time and accepts no responsibility for delays in completion of the Installation which are outside of our reasonable control.
5.10 The images and descriptions of our Equipment and Services on our website and other advertising materials are for illustrative purposes only and, although we make every effort to be accurate, your Equipment and/or Services may differ in some respects, including dimensions.
6. Prices and Payment
6.1 Our prices as set out in the Quotation will include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, we will adjust the rate of VAT that you pay, unless you have already paid for the Equipment and/or Services in full before the change in the rate of VAT takes effect.
6.2 You must pay our invoices within 30 days of the date of the invoice in full and cleared funds by using the bank details we give you or via any other payment method approved by us. Where you have provided us with a bank mandate we will take payment of our invoices 30 days after the date of the invoice.
6.3 If you dispute one of our invoices in good faith and you let us know promptly after you have received an invoice that you dispute it, we will not charge you interest until we have made reasonable efforts to resolve the dispute with you.
6.4 Payment for System installations will be paid as follows:
6.4.1 50% of the Contract Price no later than 7 days prior to the Installation Date;
6.4.2 50% on completion of the installation.
6.5 In the event of cancellation of an Installation appointment with less than 24 hours notice, the Customer will be charged at 50% of the Installation Charge.
6.6 Payment for service visits and non-warranty repairs will be due upon completion.
6.7 Time of payment is of fundamental importance in our Agreement.
6.8 If the Customer fails to make payment within the period specified in clause 6.1 then, without prejudice to any other right or remedy available to us, we shall be entitled to:-
6.8.1 Suspend performance of the Services; and/or
6.8.2 cancel the Agreement; and/or
6.8.3 charge interest on the amount unpaid, at the rate of 8 per cent per annum above the base rate from time to time of the Royal Bank of Scotland plc, calculated on a daily basis, until payment is made.
6.9 The quoted costs may be revised if:
6.9.1 you want the work carried out more urgently than agreed, or
6.9.2 the Equipment specification changes, or
6.6.3 the Premises is 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
6.9.4 there are any other special circumstances we were not aware of when supplying the original Quotation.
6.10 The Equipment 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 entering into this Agreement, you irrevocably authorise us to enter your Premises to remove the Equipment if payment remains outstanding.
7.1 This clause applies if:
7.1.1 the Order was placed and/or accepted during a meeting between us at a location which is not our business premises (for example, at the Property);
7.1.2 you placed the Order immediately after a meeting between us that took place away from our business premises;
7.1.3 you placed the Order via email or electronically; or
7.1.4 you placed and we accepted the Order by post, email, telephone or any other means of communication that did not involve a face to face meeting.
7.2 Except as described in clause 7.10, you have a legal right to cancel the Agreement during the period set out in clause 7.3 (the “Cancellation Period”). During the Cancellation Period, if you change your mind or decide for any other reason that you do not want to proceed with the Agreement, you can notify us of your decision to cancel.
7.3 Your legal right to cancel the Agreement starts on the Commencement Date and the Cancellation Period depends on whether the Agreement is for Equipment and/or Services as follows:
7.3.1 if the Agreement is for the supply of Equipment or Equipment and Services – 14 days after the delivery of the Equipment;
7.3.2 if the Agreement is for the supply of Services only – 14 days after the Commencement Date.
7.4 to exercise the right to cancel, you must inform us of your decision to cancel using the form annexed to these terms and conditions or by a clear statement in writing by letter or email.
7.5 We will not start providing the Services until the end of the cancellation period unless you expressly ask us to do so in writing (including by email). Any confirmation of an order for bespoke services, such as made to measure doors, bespoke locks, keys, gates etc. that meet your specific requirements will be processed to meet your confirmed installation date unless otherwise confirmed by you.
7.7 If you cancel the Agreement then we will refund to you all payments received (including the cost of delivery of the Equipment) except that
7.7.1 if, at your request, we have provided Services during the Cancellation Period, we can charge you a reasonable sum for the Services provided (which, if we have completed the Services before you inform us that you wish to cancel, will be the full price for the Services); and
7.7.2 we can deduct from the refund the loss of the value in any Equipment supplied if the loss is the result of unnecessary handling by you.
7.8 I you cancel the Agreement, you must pay for the removal and return to us of any Equipment we have provided to you.
7.9 We will pay you the refund referred to in clause 7.7 not later than:
7.9.1 14 days from the date on which you return the Equipment to us;
7.9.2 (if earlier) 14 days after the day you provide evidence that you have returned the Equipment to us; or
7.9.3 if no Equipment has been supplied to you, 14 days after the date on which we are informed of your decision to cancel the Agreement.
7.10 The right to cancel under this clause does not exist in relation to Equipment which:
7.10.1 has been made to your specification, for example in relation to Keys to fit your existing locks; or
7.10.2 by its nature, becomes inseparably mixed with other items after delivery.
8. Your Other Cancellation Rights.
The rights set out in this clause8are in addition to your rights under clause 7.
8.1 You can cancel the Agreement at any time with immediate effect by giving us written notice if we:
8.1.1 break the Agreement in any material way and do not correct the situation within 14 days of you asking us to do so;
8.1.2 go into liquidation or a receiver or an administrator is appointed over our assets;
8.1.3 change these Conditions 3.8 to your material disadvantage;
8.1.4 are affected by an Event Outside Our Control which prevents us from delivering the Equipment or providing the Services.
9. Our Cancellation Rights
9.1 We may cancel the Order before the delivery of the Equipment or commencement of the Services if an Event Outside Our Control or unavailability of stock, materials or personnel prevents us from performing our obligations in which case:
9.1.1 we will notify you promptly; and
9.1.2 if you have made any payments in advance for the Equipment or the Services, we will refund these to you.
9.2 We may cancel the Agreement at any time if:
9.2.1 you do not pay us when you are supposed to; or
9.2.2 you break the Agreement in any other material way and do not correct the situation within 14 days of us asking you to do so.
10. Events Outside Our Control
10.1 The Company shall not be liable for any breach of these terms caused by Events Outside Our Control.
10.2 If an Event Outside Our Control takes place that affects our performance of our obligations under the Agreement:
10.2.1 we will notify you as soon as possible;
10.2.2 our obligations under the Agreement will be suspended and the time for performance of those obligations extended for the duration of the Event Outside Our Control;
10.2.3 if delivery of the Equipment or performance of the Services has been affected we will rearrange delivery and/or restart the Services as soon as possible when the Event Outside Our Control is over; and
10.2.4 you will not have to pay us during any period when we are not performing the Services.
10.3 If an Event Outside Our Control takes place which prevents us from providing the Services and/or the Equipment, you can cancel the Agreement in which case we will refund to you any sums you have paid in respect of Equipment not delivered or Services not performed
Satisfaction with the quality of the Services provided is of paramount importance to us. If at any time you would like to discuss with us how our service to you could be improved, or if you are dissatisfied with the service you are receiving, please let us know, by telephoning 0131 558 9205. We undertake to look into any complaint carefully and promptly and to do all we can to explain the position to you. If you feel that we have given you a less than satisfactory service, we undertake to do everything reasonable to address your concerns. Should matters not be resolved to your satisfaction and any dispute arise in connection with the Agreement parties shall attempt to settle it by Mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure.
12. Company’s post installation Obligations
12.1 The Company will:
12.1.1 Carry out at the Company’s expense any repairs or replacement to the System (excluding existing equipment of the Customer incorporated into the system) required by any faulty materials or workmanship within twelve months of the Installation Date.
12.1.2 At the request of the Customer and within a reasonable time after such request carry out such further works to the System as are necessary to keep the same in operation or to modify, upgrade or replace the System at a price agreed by the Customer and the Company.
12.1.3 Offer to do any modification, alteration or upgrading of the System required to comply with any requirement or regulations of the Police or other authority subject to costs determined by survey and agreement between Customer and Company.
12.2 The Company will have no responsibility for repairs, replacement, servicing or support to the Customer after 12 months from the Installation Date. Prior to the expiry of this 12 month period, the Customer will be offered a service and maintenance contract.
13.1 The description and illustrations of the Equipment shown on the Company’s website (or given to the Customer over the telephone or by email) are intended to be an illustration only and shall not form part of the Agreement.
13.2 The Company shall not be liable for any variations in any specification or description of the Equipment which do not materially affect the Specification, use and operation of the Equipment. The Company shall be entitled to substitute any Equipment ordered with Equipment of similar quality. The Company reserves the right to make any changes in the Specification so as to conform to any applicable safety or other statutory requirements.
13.1 Unless otherwise stated in the Quotation, the selection and choice of Equipment and (except as to compliance with specific technical specifications contained in our current literature) the assessment of the Equipment’s suitability and fitness for purpose, is the Customer’s responsibility.
13.2 Any specifications and statements as to suitability, performance or otherwise given by the Company in connection with the Equipment are offered in good faith, but are intended to be approximate only and do not constitute representations.
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS RESTRICTIONS ON THE COMPANY’S LIABILITY
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with this Agreement, we are responsible for loss or damage to you Customer that is a foreseeable result of our breaking this Agreement or failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Agreement was made, both we and you knew it might happen, for example, if you specifically drew it to our attention during the sales process.
14.1 The System is intended only to reduce the risk of loss or damage to the property and injury to persons on the premises to the extent that is reasonably practicable by use of such equipment. The Company gives no undertaking to the Customer that the System may not be compromised or circumvented or that the System will prevent any loss by burglary, theft or otherwise. The Company does not guarantee that particular loss, damage or injury can and will be prevented by use of the System.
14.2 We do not in any way liability where it would be unlawful to do so. This includes liability for:
14.2.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
14.2.2 for fraud or fraudulent misrepresentation; or
14.2.3 for breach of your legal rights in relation to this Agreement including the right to receive the Customer Equipment and the Services;
14.3 We do not exclude or limit our liability where it would be a breach of any of the provisions of the Consumer Rights Act 2014. AS A CONSUMER, YOU HAVE LEGAL RIGHTS IN RELATION TO SERVICES NOT CARRIED OUT WITH REASONABLE SKILL AND CARE, OR IF THE MATERIALS WE USE 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 THIS AGREEMENT WILL AFFECT THESE LEGAL RIGHTS.
14.3 4 We understand that the Premises are used solely as a private residence and we will not be responsible to you for any loss of profit, loss of business, business interruption or loss of business opportunity in relation to the Equipment and/or the Services.
14.4 Save as provided otherwise in this clause 14 or where it would be unlawful to do so, our total liability to you in respect of all other losses arising under or in connection with this Agreement, shall in no circumstances exceed £40,000 in respect of negligence and £10,000 in all other circumstances.
14.5 The Company will have no liability for any loss suffered by the Customer as a result of a call not being received at the Alarm Receiving Centre, if this is due to the fault of the communications provider, a failure in the electricity supply to the System or the Alarm Receiving Centre or as a result of the Company’s premises being evacuated, due to causes such as fire, bomb alerts or gas leaks.
14.6 The Company shall not be liable or investigate any claim for loss unless the Customer has given written notice as soon as is reasonably practicable after its occurrence.
14.7 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 rights and remedies provided for by this agreement are cumulative with and not exclusive of any rights or remedies provided by law.
16. Entire Agreement
These terms and conditions together with the Quotation set out the entire understanding of the parties with respect to their subject matter and replace any prior agreements or understandings or representations (unless fraudulent), whether written or oral.
This Agreement shall be governed by and construed in accordance with the laws of Scotland the courts of which shall have non-exclusive jurisdiction.
Model Cancellation Form
Safe Simple Secure Limited, 50 Corstorphine Road, Edinburgh, EH12 6JQ
I/We [*] hereby give notice that I/We [*] cancel my/our contract of sale of the following goods [*] / for the supply of the following service [*],
Ordered on [*] / received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate