TERMS AND CONDITIONS

In order to receive the Service from us you will require an alarm base unit in your premises and remote-control button(s) plus certain other sensors or detectors depending on the categories of service you have selected to include on the front page of this Agreement, which will facilitate your access to the Service (referred to in these terms and conditions as the “System”).

These terms and conditions contain the entire agreement between us and you in respect of our provision of the Service to you. This Agreement shall come into force on the date you indicate your acceptance of its terms by signing the front page. Please contact our Customer Service Department on 0333 789 8 999 if you have any queries regarding anything contained herein.

1. OUR OBLIGATIONS

1.1 On the understanding that you comply with the Customer obligations set out in these terms and conditions, TED Alert UK will:

1.1.1 Where possible within 10 working days (or if not possible then as soon as practicable thereafter) of receiving your one-off single Service/Monitoring Charge payment (the term agreed is shown on the
front page of this agreement)

(a) we will install the System in your property, demonstrate and explain to you how to use it to
access the Service

1.1.2 The designated monitoring company will use our best efforts (24 hours a day, 365 days a year) to provide the Service and respond promptly to an emergency alarm call;

1.1.3 In providing the Service, upon receipt of an emergency alarm call, the designated monitoring company will take such action as they consider appropriate in the circumstance, including without limit contacting your nominated key holders, doctor or the emergency services;

1.1.4 Provide maintenance services which shall consist of the diagnoses and the repair or replacements of the System needed to access the Service (or any part of it) made necessary by normal wear and tear. We will carry out maintenance services by remote monitoring (at our discretion and subject to you complying with paragraph 2.1.11 below) and in response to a request by you. TED Alert UK will respond to all maintenance requests and endeavour to attend all requests deemed urgent within 48 hours and those deemed non-urgent within 96 hours; and

1.1.5 Respond to any complaint made by you in relation to our provision of the Service in accordance with our complaints procedure as set out in the information pack provided to you.

1.2 Please note that maintenance services or additional work required as a result of:

(a) modifications or additions to the System (or any part of it) made by you;

(b) you or a third party moving or attempting to move or tampering with the System (or any part of it) after initial installation;

(d) misuse or neglect or an accident to the System
(or any part of it);

(e) your failure to follow our (or the manufacturer’s) instructions or advice;

(f) a request by you to repair a key safe that is out
of warranty

(g) a request by you to reposition a key safe

(h) defects in the electricity supply, telephone service, connections or equipment, cabling, junction boxes, ducting etc.; or

(i) damage caused by an insurable event (for example fire, flood, storm, theft etc.), will be excluded from the obligation in paragraph 1.1.4 above. We may however (at our sole discretion) provide such excluded maintenance or additional work upon request at an additional cost (£100).

1.3 It may be necessary to transfer or subcontract all or any of our rights and obligations under these terms and conditions at any time without your prior consent.

2. YOUR OBLIGATIONS

2.1 You will:

2.1.1 Allow our TED Alert Advisors access to the premises for the purposes of installation (if applicable) and on-going maintenance of the System needed to access the Service as required and arrange for easy access to the position where the System (or any part of it) is to be installed;

2.1.2 Make arrangements with British Telecom (or other supplier with which you have verified the compatibility of the System) as may be necessary
for the provision and maintenance of a telephone line and pay all sums due and comply with the terms of those arrangements;

2.1.3 Ensure that you have a modern telephone jack socket with a mains electrical 13 amp power socket (ideally within 2 metres of the telephone and on the same wall) in full working order;

2.1.4 Pay the Service Charge in accordance with paragraph 3 below;

2.1.5 Use the System needed to access the Service strictly in accordance with paragraph 4 below;

2.1.6 Not abuse the Service by persistently making emergency alarm calls in situations where assistance is not actually required, nor subject our personnel to any abuse, harassment or violence as a result of your use of the Service;

2.1.7 Provide us with the name and contact details of at least 2 people (living at separate addresses ideally no more than 15-20 minutes away from you) to act as key holders who we may contact to come to your aid in the event of an emergency alarm call. It is your responsibility to obtain the prior consent of those persons to the disclosure of their personal details to us, and to us contacting them in the event of an emergency alarm call;

2.1.8 Provide each of your key holders with a key to your property and authority to allow access to your doctor and / or the emergency services in the event of an emergency alarm call. You acknowledge and accept that it is your responsibility to nominate trustworthy persons to act as key holders and we shall not in any event be liable for any loss, damage or theft to your property or belongings as a result of giving a key to your property to your key holders;

2.1.9 Test the Service and System is operating properly by making a test call at least once a month by activating the remote-control button;

2.1.10 Report any fault, problem, damage, loss or theft of the System as soon as possible by telephoning our Customer Service Department on 0333 789 8 999 Monday to Friday 9.00am to 5.00pm

2.1.11 Notify us promptly of anything that may affect our ability to provide the Service to you by calling our Customer Service Department on 0333 789 8 999, to inform us of:

(a) any changes to your address, telephone number or key holders (and of any changes to their contact details);

(b) any medical details and key safe details as necessary; and/or

(c) any dates when you or any of your key holders will be away on holiday or will be away from home or un-contactable for any other reason.

2.2 You acknowledge and accept that:

2.2.1 it is your sole responsibility to ensure that you are wearing or carrying the remote-control button at all times in order to ensure easy access to the Service;

2.3 Where you have chosen a Key Safe you acknowledge and accept that:

2.3.1 Ensure that you make appropriate enquiries of your buildings and home contents insurance company as to the impact of the Key Safe on your policy

2.3.2 Keep the code for the Key Safe confidential, save in respect of those individuals who have your express authority to access your property from time to time

2.3.3 provide us, in sufficient time, with any information and instructions relating to the installation that is or are necessary to enable us to carry out the installation in accordance with
these terms and conditions

2.3.4 you will inform us of the Key Safe code for entry into your property

2.3.5 you will notify us immediately if the Key Safe is changed at any time

2.3.6 TED Alert UK will not accept liability for forced entry of the emergency services if you have failed to notify us of the amended Key Safe code.

2.3.7 If you have a GPS device you must charge this regularly in order for the button to work correctly. If the device has no connectivity for three months the device will become dormant and you will need to contact us to reactivate the sim card within the device.

3. PAYMENT OF SERVICE CHARGE

3.1 You will pay the Service Charge as set out on the front page of this Agreement either by:

3.1.1 a lifetime one-off single Service Charge payment;

3.2 Payment of your Service Charge can be made in several different ways:

3.3 Preferred payment option – Debit or Credit card bank transfers and internet banking.

3.4 Your Service Charge is as set out on the front page of this Agreement and must be paid by you together with all VAT

3.5 We reserve the right to suspend or terminate this Agreement and the provision of the Service to you if payments of your Service Charge remain outstanding.

4. OWNERSHIP OF THE SYSTEM NEEDED TO ACCESS THE SERVICE

4.1 We are providing the System to you in order that you can access the Service. This means that it will at all times belong to you.

4.2 Please note that you will be responsible for the cost of replacing or repairing the System used to access the Service (total replacement value approximately £249) if it or any part of it is damaged, lost, stolen or destroyed. You are not responsible for any damage caused by reasonable wear and tear, or by any malfunctioning of the System that is not the result of damage to the System while it is in your care.

4.3 Where we have provided a Key Safe

4.3.1 the Key Safe will be your responsibility from the time of installation

4.3.2 ownership of the Key Safe will only pass to you when we receive payment in full for all sums due from you for the Key Safe

5. YOUR PERSONAL INFORMATION

5.1 We will store your personal details (which may include your medical history or other health information) securely in our database and in accordance with the General Data Protection Regulation (GDPR) as it applies to the UK and, except in circumstances set out in paragraph 5.2 and 5.3 below, will not disclose them to any third party, except to those who work for us, without your prior verbal or written consent.

5.2 We will disclose your personal details (including but not limited to name, address, telephone number, doctors details and health information) to the emergency services (and any other third party as may be necessary) in the event that we receive an emergency alarm call and strictly only as necessary to provide the Service to you and exercise our obligations to you under this Agreement and to protect your vital interests. If there is any person (e.g. a family member) to whom you do not want particular medical or health information disclosed, please tell us in writing.

5.4 We may record telephone conversations for training and quality control purposes and as a record of that conversation.

5.5 You are entitled to view your personal details that we hold for a standard administration charge of £10. If you wish to do this, please call our Customer Service Department on 0333 789 8 999. Alternatively, you can write to Customer Services, TED Alert UK Ltd, 59 High Street, Maidstone, Kent, ME14 1SR.

6. YOUR RIGHT TO CANCEL

6.1 You have the right to cancel this Agreement and the provision of Services to you under it at any time up to the end of:

6.1.1 14 days after the date this Agreement comes into force. A form which you can use for this purpose is given to you upon sale, but you can also telephone our Customer Service Department on 0333 789 8 999 if you wish to cancel this Agreement.

6.2 In the event of cancellation, if you have already received your System, you will be required to return the System to us within 14 days of the date of cancellation or allow us access to your property to remove the system for you.

6.3 In the event of cancellation in accordance with paragraph 6.1, we will refund any payment you have made to us within 14 days of such cancellation. The admin fee is non-refundable.

7. OUR LIABILITY

7.1 Nothing in this paragraph 7 will limit or exclude our liability for death or personal injury resulting from negligence or for fraud or fraudulent misrepresentation. These terms and conditions will not affect your statutory rights as a consumer.

7.2 Subject to paragraph 7.1, our total liability in respect of this Agreement shall not exceed the total amount of any installation fee and Service Charge payments paid by you during the twelve (12) months immediately prior to the event giving rise to the claim.

7.3 Subject to paragraph 7.1, we will not be liable
for any losses that are not directly associated with any breach by us of the terms of this Agreement
or any negligent act or omission in connection
with the Service.

7.4 Subject to paragraph 7.1, we shall not be liable to you by reason of any matter outside our reasonable control such as extreme weather events, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic,

lock-outs, strikes or other labour disputes (whether or not relating to our workforce).

7.5 Subject to paragraph 7.1, we will not be liable for any cost, damage, expense or loss suffered by you as a consequence of you failing to adhere to the warning given at the beginning of these terms and conditions (on page 1).

8. ACCESS TO YOUR PREMISES

8.1 In order to provide the Service as effectively as possible, TED Alert UK recommends the installation of a Key Safe to ensure safe access for the emergency services. If no Key Safe is used and no one is available to assist entry, then forced entry to your premises may be necessary. TED Alert UK will not be liable for the cost of repair after forced entry unless the forced entry is initiated as a result of a fault or mistake on the part of TED Alert UK for which clear evidence is available.

8.2 If we arrange a scheduled appointment with you such as a customer service call or installation appointment, we will ring or knock once and allow you plenty of time to answer. If there is no reply, we shall call your home telephone. If there is no answer we will put a card through your door and then leave. In such circumstances, TED Alert UK reserves the right to charge an additional call out charge of £60 in relation to the re-scheduled appointment.

8.3 If you have chosen and paid for a key safe and made an appointment for us to fit it but are not at home when we call we will install the Key Safe in an appropriate location on your premises. If we are unable to do so we will put a card through your door and then leave. In such circumstances, TED Alert UK reserves the right to charge an additional call out charge of £60 in relation to the re-scheduled appointment

9. TERMINATION

9.1 you will be entitled to transfer the System to a friend or relative so that they can access the Service subject to their agreement to our then current terms and conditions. Where you have paid a one-off single Service Charge payment, an ongoing regular Service Charge payment based on our then current rates for the same will be payable by the new user. If you wish to do this, please telephone our Customer Service Department on 0333 789 8 999.

10. GENERAL

10.1 A person who is not party to these terms and conditions shall not have any rights under or in connection with them under the Contracts (Rights of third Parties) Act 1999.

10.2 If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be removed from these terms and conditions but the remainder of these terms and conditions will still apply.

10.3 Except as provided for in paragraph 9.1, you may not assign your rights and/or transfer your obligations under this Agreement to a third party without our prior written consent.

10.4 If at any time we do not insist on our strict rights under this Agreement, this will not prevent us from doing so on another occasion.

10.5 Any notice or other information to be given by either us or you under this Agreement shall be treated as received by the other if left at or sent by first class prepaid post to the address of the recipient shown in this Agreement or to the recipient’s last known address.

10.6 All notices sent by you to us must be sent to TED Alert UK Ltd, 59 High Street, Maidstone, Kent, ME14 1SR.

10.7 This Agreement shall be governed by English law and shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

If you have any queries regarding these terms and conditions or the Service we provide please contact our Customer Service Department at TED Alert UK Ltd, 59 High Street, Maidstone, Kent, ME14 1SR or by telephone on 0333 7898 999.

In order to maintain a quality service, telephone calls may be monitored or recorded.