Between Cryptex Security (“the company”) AND the person, individual, partnership and/or company named above (“the customer”).
Part 1. DEFINITIONS
- The following terms shall have the following meanings in this Agreement:
(i) “The Installation” means the intruder alarm system or other security or safety device supplied and installed or taken over and maintained by the company under this agreement;
(ii) “The Quotation” means the document attached to, and forming part of, this Agreement, stating the price to be paid for the supply, installation and maintenance of the Installation;
(iii) “The Specification” means the document attached to this Agreement stating the equipment the Installation comprises.
Part 2. AGREEMENT
- The customer shall pay in full all the sums set out in the Quotation on handing over and completion of the installation. The Installation shall remain the property of the company until all sums due by virtue of this paragraph have been received by the company.
- The company shall maintain the Installation in accordance with its obligations under this Agreement, provided that the customer shall have paid the Annual Maintenance fee on each anniversary of completion of the installation. The company reserves the right to increase the Annual Maintenance and Monitoring Fee subject to giving written notice to the customer.
Part 3. CUSTOMER OBLIGATIONS
- To allow any employee or authorised agent of the company and any accompanied inspectorate access to the premises at reasonable times during normal working hours.
- Not to interfere with the Installation or any part of it.
- To report immediately to the company any defect in the Installation or any part of it or if the customer has reasonable grounds to suspect that the Installation is or may have become defective in any way.
- To take all reasonable or necessary steps to prevent the Installation, or any part of it, from being damaged by any third party or by any corrosive chemical, or similar material, which may damage or impair the performance of the Installation.
- To pay forthwith to the company on demand any fees which are chargeable by the company for use by the customer of:
(i) The emergency call-out service required between 5pm on Friday and 8am on Monday or on weekdays between 6pm and 8am the following morning;
(ii) The call-out service, in excess of any obligation of the company under this Agreement;
(iii) The call-out service arising as the result of a breach by the customer of any obligation under this Agreement.
- To pay the Annual Maintenance Fee and the Annual Central Station Monitoring Fee.
Part 4. CRYPTEX’S OBLIGATIONS
- To inspect and test the Installation and to report to the customer any defect found. The maximum length of time between visits shall not exceed 6 months for commercial premises or any premises with remote signalling and 12 months for residential premises with audible only systems.
- To provide a call-out service outside normal business hours (i.e., during the hours specified in part 3 / paragraph 5 i) subject to the customer paying the company’s emergency call-out fee then chargeable, except where such call-out is necessary by any fault of the company in relation to the Installation.
- To carry out, when required, such service to the Installation, in addition to the two routine service calls per annum, as the customer shall require, subject to the payment by the customer of the appropriate fee chargeable by the company.
- The Company agrees that, on a fault being reported, it will attend within a reasonable time (see paragraph 5) and try to ascertain the cause of the reported fault. It will endeavour to rectify the cause to the satisfaction of the customer or his representative. Should no fault be found, the company reserves the right to make a charge for attending the premises.
- The company shall endeavour to arrange a suitable appointment to attend to the fault within 24 hours. Any delay in attending the reported fault shall be communicated to the customer, if possible, as soon as it is known that there will be a delay.
- During the first 12 months following installation, the company will repair or replace any part of the Installation free of charge, except where the repairs are due to the customer’s default. In subsequent years, the customer will be required to pay for any parts but there will be no charge for labour, provided the Annual Maintenance Fee shall have been paid at the appropriate time. (Please note this does not apply to any Takeover).
- Where the company’s services are requested, following any reported failures, damage or false activations to the Installation caused by a third party, an act of God, misuse or tampering by any party, shall be charged for by the company at the normal prices in effect at the time the work is carried out.
- The company shall take all reasonable care to ensure that the Installation will function correctly and that it is to the satisfaction of the customer or his representative before leaving the premises. The customer’s representative and the company’s representative shall mutually sign a form to confirm that the Installation/Takeover is functioning after each and every visit.
- All reasonable care shall be taken to advise the customer of any payment or conditions applicable to British Telecom, Police Authority or Government regulations relating to the Installation, payments and/or regulations which are not part of this Agreement.
- The company reserves the right to employ any person, sub-contractor, individual, partnership or company to carry out the works for which it is liable under this Agreement.
- The company reserves the right to impose a call-out charge for resetting a remote signalling system if that system has been activated due to tampering, intrusion, accident or misuse by any party. The company will notify the customer of the current call-out charges on request.
- The company’s obligations under this Agreement shall not apply whilst the customer is more than 21 days in arrears in respect of any payment due under this Agreement.
- Any personal data held by Cryptex Security such as names, telephone numbers, email addresses and site addresses will be stored with the following third-party databases:
- Our Field Management Software for job/call logging, engineer reports and call history
- Our Accounting Software – Software used for invoicing, maintenance renewals, account statements
- Our Vehicle Tracking Database for monitoring engineer locations (Names and Addresses Only)
- Our Cloud Storage for Cryptex Database
- Our Monitoring Station and the communication provider
- Cryptex Security will not share any customer information with any third-parties that will contact you on our behalf, or as a result of any information we have shared with them.
- Any personal information gathered by Cryptex Security is only for the benefit of improving our internal processes and for providing a high-end service with our customers.
- As a contract customer, by agreeing to our services you agree to the use of your personal data within Cryptex Security and allow us to contact you by any relevant means for the sole purpose of looking after the systems which we are contracted to do so.
- If you would like your personal information to be erased in the future, please contact us on email@example.com and we will erase all personal data within a 30 day period.
Part 5. EXTENT OF CRYPTEX’S LIABILITY
- (a) Neither the company nor any of its servants or agents shall be liable for loss or damage, other than damage
causing death or personal injury, arising or resulting from:
(i) a defect in, or failure to operate of, the Installation, unless such defect or failure was caused by the
negligence of any employee or agent of the company;
(ii) the negligence of the customer or the failure of the customer to follow instructions set out in the user manual supplied by the company or as explained to the customer by an employee or agent of the company;
(iii) any delay in carrying out its obligations under this Agreement;
(iv) thunder, lightning , storm or other damage due to natural causes;
(b) The customer and the company agree that the maximum liability of the company under this Agreement shall be no more than ten thousand pounds.
Part 6. TERMINATION
- Without prejudice to any other rights or obligations under this agreement, either party may terminate the agreement by giving one month’s notice in writing to the other.
- (a) Without prejudice to the rights of the company in respect of any antecedent breach of this Agreement, the
company may terminate this Agreement by giving two weeks written notice to the customer in any of the
(i) non-observance or non-performance of any of the customer’s obligations under this Agreement;
(ii) if the customer commits any act of bankruptcy or has a Receiving Order made against him/her or suffers any execution or distress to be levied against him/her or enters into any composition or makes any arrangement with creditors or (being a company) has a petition for winding-up (whether compulsory or voluntary) presented against it or has a Receive appointed or stops payment;
(iii) if the customer is in arrears with any payment due under this Agreement including any connection or line rental payable to the Telephone Authority for a period of twenty-one days.
(b) Where the customer has repudiated this Agreement and the company has accepted such repudiation or where the Agreement has been terminated under part 6 of this agreement, the customer shall forthwith pay to the company all maintenance charges and other sums then due.
Part 7. GENERAL
- Automatic dialler and digital communicators:
(i) will not have Police response until they have been trouble-free in operation (in the opinion of the company) for a period of 14 days. This is not applicable for any Takeover.
(ii) may be disconnected from the main alarm at the discretion of the company if any fault should occur and will only be re-connected once the fault has been rectified.
- Removal of household fixtures and fittings (carpets, for example) is the responsibility of the customer.
- This Agreement shall not be varied unless such variation is evidenced in writing and signed by the customer and a fully authorised representative of the company.
- In the event of any change or ownership of the premises, the customer may assign the benefit of this Agreement to his successors in title, subject to written notice being given to the company within seven days of assignment.
- The company aims to fulfil its obligations in relation to noise pollution by installing a fifteen-minute bell cut-out device. Where an alarm is fitted at the instance of the customer’s insurers, the customer should consult with the insurer before reaching a final decision regarding a fifteen-minute cut-out device.
- It is the customer’s responsibility to advise the local Police force and environmental health authority of the key-holders within 48 hours of the alarm being installed.
- All notices to be given under this Agreement shall be in writing and delivered by hand or be sent by first or second class pre-paid post or by Email to the address noted on this Agreement, or such other address as shall have been previously notified to the other party in writing.
PLEASE BE AWARE THAT DEPOSITS ARE NON-REFUNDABLE.