T&Cs from September 7th onwards
Contents
1. We reserve the right to charge for any work done by Us in relation to the Alarm System and or the Service which is attributable to a failure by You to perform Your obligations under the Contract and We will advise You of the Charges involved Where payment is made by You to Us by direct debit via a payment service provider which would include Your bank and You exercise Your rights to seek a refund from Your payment PhoneWatch Install Monitoring amp Service Terms and Conditions service provider You will still be liable for the amount of the cancelled direct debit and We will be entitled to pursue You for recovery of any such amount If You are not a consumer You waive any rights that You have to seek such a refund from Your payment service provider and You shall follow the procedures detailed on Our Website from time to time in this regard 9 OUR LIABILITY TO YOU 9 1 You acknowledge that We are not an insurer and that We shall have no liability whatsoever for any loss suffered by You at the Premises or to the contents of the Premises We make no guarantee or warranty that the Alarm System and or the Service will avert or prevent occurrences or the consequences of occurrences which the Alarm System and or the Service are intended to detect 9 2 Notwithstanding clause 9 1 above should We be held liable for any loss damage expense or injury arising out of or in connection with any defect or malfunction of the Alarm System and or the p2. DURATION OF CONTRACT The Contract will come into existence as described in clause 2 3 Either party may give 30 days written notice to the other party to terminate the Contract ALARM SYSTEM amp ACCESS TO THE PREMISES When Your Order has been accepted We will install the Alarm System at the Premises Any dates and times for delivery and or installation of the Alarm System set out in the System Design Proposal are approximate only and We shall not be liable for any delay in delivery or installation of the Alarm System In order to perform Our obligations under the Contract You hereby grant Us such rights over and access to the Premises as are necessary for Us to install the Alarm System and or provide the Service to You from time to time upon giving You reasonable notice save in any emergency i to enter those parts of the Premises to the extent that they are required for the purposes of the installation of the Alarm System ii to perform installation maintenance adjustment repair replacement renewal inspection or removal work at or on the Premises from time to time and or iii to bring upon install and keep installed and operate at or on the Premises equipment and the maintenance of such equipment as applicable You will at Your own expense provide or procure whatever further rights over the Premises We require from any landlord and or successor in title and or any other person with an interest in the Premises whose c
3. receipt of this by contacting You If We have to contact You or give You notice in writing We will do so by e mail by SMS by hand or by pre paid post to the Premises as set out in the System Design Proposal Alternatively We may deliver notices to You by online announcement message on Our Website by a notice in such number of national newspapers as We may determine or any other appropriate method We may transfer Our rights and obligations under these Terms to another organisation and We will always notify You if this happens but this will not affect Your rights or Our obligations under these Terms You may only transfer Your rights or Your obligations under these Terms to another person if We agree in writing The Contract is between You and Us No other person shall have any rights to enforce any of its terms These Terms do not in any way affect Your statutory rights if You are a consumer 15 7 15 8 15 9 PhoneWatch Install Monitoring amp Service Terms and Conditions Each of the paragraphs of these Terms operates separately If any court or relevant authority decides that any of them are unlawful the remaining paragraphs will remain in full force and effect 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 will not mean that We have waived Our rights against You and will not mean that You do not have to co
4. with immediate effect by giving You written notice if You do not pay Us the Charges when You are required to This does not affect Our right to charge You interest under clause 7 5 or any of Our other rights Mutual Right to End the Contract Once We have begun to provide the Service to You either You or We notifying party may terminate the Contract with immediate effect by giving written notice to the other party affected party if a the affected party breaks the Contract in any material way and does not correct or fix the situation within 30 days of being asked to in writing 13 13 1 13 2 14 14 1 15 15 1 15 2 15 3 15 4 15 5 15 6 PhoneWatch Install Monitoring amp Service Terms and Conditions b the affected party being a company or other business entity has a receiver manager examiner administrator administrative receiver or similar officer appointed in respect of the whole or any part of its assets or business or enters into liquidation whether compulsory or voluntary or c the affected party being an individual is adjudged bankrupt or makes any composition or arrangement with its creditors or suffers distress or execution to be levied on the Premises CHANGES TO TERMS We may revise these Terms from time to time including in the following circumstances a changes to the Charges b changes to the payment terms set out in the System Design Proposal and or change
5. PhoneWatch Install Monitoring amp Service Terms and Conditions Please read these terms and conditions set out below and note in particular the important conditions relating to Our Contract with You clause 2 Duration of Contract clause 3 Ownership of the Alarm System clause 5 Price and Payment clause 8 Our Liability to You clause 9 Your Obligations clause 10 and Ending the Contract clause 12 1 DEFINITIONS 1 1 When the following words with capital letters are used in these Terms this is what they will mean a Alarm System the equipment or components including all engineering and other code and any external decoy bell box to be installed at the Premises described in the System Design Proposal on Our Website and or as agreed with You from time to time and which are owned by Us b Alert an alert transmitted from the Alarm System in the event of the Alarm System detecting a breach or other relevant activation at the Premises c Charges the charges for the Alarm System and or the Service as set out in the System Design Proposal in the Price List or as may otherwise be agreed with You and set out in an invoice or other document issued to You d Contract these Terms the System Design Proposal and any other documents referred to in the Terms or the System Design Proposal including documents posted on Our Website e Emergency Instructions the instructions given by You to Us as to the steps to be
6. asonably possible after the Event Outside Our Control is over ENDING THE CONTRACT Your Right to End the Contract Before We begin to provide the Service You have the following right to cancel an Order in addition to Your rights to end the Contract in accordance with clause 13 2 You may cancel Your Order within one month of placing the Order by contacting Us We will confirm Your cancellation in writing to You If You cancel an Order under this clause 12 1 and You have made payment of some or all of the Charges in advance for the Service that has not been provided to You We will have no obligation to perform work to restore the Premises to its pre installation condition after the removal by Us of the Alarm System Once We have begun to provide the Service to You You may terminate the Contract at any time by providing Us with at least 30 days notice in writing We will require payment of all of the Charges or any part of Charges not yet paid by You to Us for the remaining duration of the Contract Our Right to End the Contract Once We have begun to provide the Service to You We may end the Contract at any time by providing You with at least 30 days notice in writing If We cancel the Contract in accordance with this clause 12 2 and You have made any payment in advance for the Service that has not been provided to You for the remaining portion of the Contract We will refund these amounts to You We may end the Contract at any time
7. changes do not constitute changes to the contractual conditions of the Service We have the right to change the engineer or any other code at any time in order to improve the security of the Alarm System and or the Service See clause 5 for Ownership of the Alarm System Where practicable We will give notice to You prior to the changes to the Service being introduced We will also publish details of any changes including the operative date on Our Website as soon as possible prior to the changes being introduced If any claim is made or threatened whether by legal proceedings or otherwise against Us by an Emergency Service Provider on the grounds that the operation of the Service resulted in the provision of services or attendance by such persons at the Premises without just and sufficient cause and that costs and expenses were incurred by such persons You shall except where caused by Our negligence or breach of Contract compensate Us in respect of all costs fees and expenses incurred by Us as a result The Service provided does not include visits to the Premises or additional time spent at the Premises for the purpose of a rectifying any failure or malfunction of the Alarm System and or the Service caused directly or indirectly by accident neglect misuse other than for the use for which it was intended or by adverse environment conditions electrical current fluctuations including failure of electrical power or deliberate damag
8. ct with Us as set out on the System Design Proposal 2 1 2 2 2 3 2 4 2 5 3 1 3 2 4 1 4 2 4 3 4 4 4 5 5 1 PhoneWatch Install Monitoring amp Service Terms and Conditions OUR CONTRACT WITH YOU These are the Terms on which We install the Alarm System and or provide the Service to You Please ensure that You read these Terms carefully and check that the details on the System Design Proposal and in these Terms are complete and accurate before You sign and submit the System Design Proposal If You think that there is a mistake or require any changes please contact Us to discuss and agree When You sign and submit the System Design Proposal to Us this does not mean We have accepted Your Order Our acceptance of Your Order will take place as described in clause 2 3 If We are unable to provide You with the Alarm System and or the Service We will inform You of this in writing or otherwise and We will not confirm acceptance of Your Order These Terms will become binding on You and Us when We install the Alarm System and or provide the Service to You If any of these Terms conflict with any term of the System Design Proposal the System Design Proposal will take priority We shall assign You a customer account number and inform You of it when We confirm acceptance of Your Order Please quote the customer account number in all subsequent correspondence with Us relating to the Alarm System and or the Service
9. e Alarm System together with the reasonable costs incurred by Us in an effort to reclaim Our property THE SERVICE We will provide the Service to You for the duration of the Contract We will make every effort to provide the Service to You However We may be prevented from doing so due to an Event Outside Our Control See clause 11 for Our responsibilities when an Event Outside Our Control happens You are responsible for ensuring that Emergency Instructions provided to Us by You are accurate and for giving Us any necessary information to allow Us to provide the Service in accordance with the terms of the Contract Emergency Instructions relating to an Alert will be subject to the relevant Emergency Service Provider s policy from time to time We have the right to change or suspend all or part of the Service where We reasonably determine that any technical modification or change in Our trading operating or business practices or policy is necessary to maintain or improve the Service which We provide to You including a interrupting or suspending the Service due to an emergency for the purposes of repair maintenance improvement or because of technical problems or other operational reasons b where there is any change or amendment to any law or regulation which applies to Our trading operating or business practices or policy and or c where in Our reasonable opinion it is otherwise necessary or desirable to do so You agree that such
10. e resulting from reckless negligent or careless conduct including omission by You or resulting from wear and tear other than in respect of any failure or malfunction resulting from fair wear and tear b remedial maintenance necessitated by the undertaking of work on the Alarm System including moving relocation conversion or adaptation by anyone other than Us unless approved by Us and or c remedial maintenance necessitated by Event Outside Our Control If You do not pay Us for the Service when You are supposed to as set out in clause 8 1 We may suspend the Service with immediate effect until You have paid Us the outstanding amounts except where You dispute an invoice in accordance with clause 8 6 We will 7 1 7 2 7 3 7 4 8 1 8 2 8 3 8 4 8 5 8 6 8 7 8 8 PhoneWatch Install Monitoring amp Service Terms and Conditions contact You to tell You this This does not affect Our right to charge You interest under clause 8 5 or any of Our other rights IF THERE IS A PROBLEM WITH THE ALARM SYSTEM AND OR THE SERVICE The Alarm System will correspond with the product warranty as set out on Our Website which is subject to the conditions set out below in this clause 6 The warranty does not extend to parts materials or equipment supplied to You by persons other than Us and We will not be liable for any defect arising from a failure by You to follow instructions given by Us or from misuse of the Alarm Syst
11. em b the undertaking of work on the Alarm System including alteration reinstallation moving relocation conversion or adaptation or repair of the System by persons other than Us and or c fair wear and tear You will not be entitled to replacement parts of the Alarm System free of charge where the part is no longer available from the manufacturer and or is obsolete We will notify You if a requested part is unavailable We will not be liable for any loss or damage suffered by You resulting from such unavailability or obsolescence In the event that there is any defect with the Alarm System and or the Service please contact Us and tell Us as soon as reasonably possible and We will use every effort to repair or fix the defect as soon as reasonably practicable Except as expressly stated in the Contract all conditions terms warranties and representations whether express or implied by law in relation to the provision of the Alarm System and or the Service are excluded to the fullest extent permitted by applicable law PRICE AND PAYMENT You will pay Us the Charges in accordance with the payment terms set out in the System Design Proposal or as may be otherwise agreed with You We will charge You in advance for the Charges for the Alarm System and or the Service on a monthly basis If You choose to pay by direct debit We will only send invoices to You where You so request Additional Charges may apply from time to time where additional no
12. mply 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 and the Contract are governed by Irish law You and We both agree to submit to the exclusive jurisdiction of the Irish courts
13. n standard maintenance is required and any such Charges will be agreed with You Unless otherwise agreed with Us You must pay each invoice in cleared monies within one month of the date of the relevant invoice The Charges may change at any time and You will be notified in writing of any increase to the Charges in accordance with clause 13 2 Unless otherwise set out in the System Design Proposal or in an invoice or other document issued to You the Charges are inclusive of VAT However if the rate of VAT changes between the date of the confirmation of acceptance of Your Order and the date of installation of the Alarm System or the start of the Service We will adjust the rate of VAT that You pay unless You have already paid the Charges in full before the change in the rate of VAT takes effect If You do not pay the Charges 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 EURIBOR from time to time The EURIBOR rate on any given day is available at http www euribor ebf eu This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount whether before or after judgment You must pay Us interest together with any overdue Charges However if You dispute an invoice in good faith and contact Us to let Us know promptly after You have received an invoice that You dispute it clause 8 5 will not apply for the period of the dispute
14. nstructions set out in the user manual on Our Website or otherwise provided to You from time to time and You shall promptly report any defects to Us 10 2 You are responsible for ensuring that the Alarm System is at all times kept safely and properly used and in this regard You agree that a while the Alarm System is not in use electricity supplied to it is not turned off b You shall not dispose of or deal with the Alarm System in any way by for example trying to sell it or hire it to anyone else or by putting it up as security for a loan mortgage or charge or allow the Alarm System to be seized under any legal process c You shall not move the Alarm System to another location without Our prior written consent d You shall inform Us immediately if You change landline and or broadband provider e You shall not remove tamper with or obliterate any words or labels on the Alarm System f You shall take proper care at all times to use the Alarm System in accordance with the user manual provided to You on installation g You shall not allow third parties to service maintain add to and or remove from the Alarm System in part or in total and 10 3 11 12 12 1 12 2 12 3 12 4 12 5 PhoneWatch Install Monitoring amp Service Terms and Conditions h You will comply with any other requirements notified to You by Us from time to time You shall afford Us all reasonable cooperation for the purpose
15. of installing the Alarm System and providing the Service in particular You shall make available adequate and suitable power supply power points electrical fittings broadband connectivity and telephone lines and fittings at the Premises EVENTS OUTSIDE OUR CONTROL We will not be liable to You under the Contract for any delay or failure by Us to provide any element of the Alarm System or the Service where such delay or failure is caused by any event outside Our reasonable control including severe weather conditions burglary vandalism civil disorder terrorist activity war government action strikes lock outs or other industrial disputes failure of a utility service and or any acts restrictions regulations by laws prohibitions or measures of any kind on the part of any governmental parliamentary or local authority electricity or electronic telecommunications service provider Emergency Service Provider or a relevant regulatory authority Event Outside Our Control 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 it is reasonably possible to notify You Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control Where the Event Outside Our Control affects Our provision of the Service to You We will restart the Service as soon as re
16. onsent is legally required to enable Us to exercise the rights over the Premises granted pursuant to clause 4 3 and You will enter into any necessary additional documentation to give effect to the grant of such rights You warrant that You are the current occupier of the Premises and are either the freeholder or a tenant of the Premises under a lease of 12 months or more and that You are over 18 years of age and legally entitled to enter the Contract Each party shall at all times comply with all reasonable instructions of the other party or any third party pursuant to any rights over the Premises obtained in accordance with this clause OWNERSHIP OF THE ALARM SYSTEM As Your Contract with Us is a rental agreement as described on the System Design Proposal We retain sole and absolute ownership of the Alarm System at all times and the Alarm System is provided to You on a rental basis only The Alarm System shall be returned 6 1 6 1 6 2 6 3 6 4 6 5 6 6 6 7 6 8 PhoneWatch Install Monitoring amp Service Terms and Conditions to Us on the termination of the Contract and You agree to allow Us access to the Premises for the purpose of removing the Alarm System Such access will be at a reasonably convenient pre determined time We reserve the right to charge a de install fee and You will be advised of any such Charges If such access cannot be reasonably provided then We reserve the right to invoice You for the full cost of th
17. rovision of the Service or in respect of any failure interruption or restriction of the Alarm System and or the Service caused by any act omission or negligence of ours Our total aggregate liability whether in contract tort or otherwise shall not exceed fifteen thousand euro 15 000 9 3 We shall have no liability to You under any circumstances for any special consequential or indirect loss whatsoever or for any economic loss including loss of profits loss of business depletion of goodwill or loss of business opportunity even if We have been advised of the possibility of such losses 9 4 We will make good any damage to the Premises caused by Us in the course of installation or de installation of the Alarm System or performance of the Service However We are not responsible for the cost of repairing any pre existing faults or damage to Your property that We discover in the course of installation or de installation and We will have no obligation to perform work to restore the Premises to its pre installation condition after the removal by Us of the Alarm System in accordance with the Terms 9 5 We do not exclude or limit in any way Our liability for a death or personal injury caused by Our negligence b fraud or fraudulent misrepresentation and or c any other liability which may not be excluded or limited under applicable law 10 YOUR OBLIGATIONS 10 1 You shall test the Alarm System on a monthly basis in accordance with the i
18. s to how We accept payment from You c changes in relevant laws and regulatory requirements and or d other changes to the Contract If We revise these Terms under clause 13 1 We will give You at least 30 day s written notice of any changes to these Terms before they take effect In the case of an increase in the Charges or a material change to the scope of the Service to Your detriment You will then have a period of 30 days during which You can choose to terminate the Contract by giving Us written notice Failure to cancel the Contract within this period will constitute acceptance of Our changes to these Terms YOUR INFORMATION We will use the personal information You provide to Us to in accordance with Our Data Protection Policy which is set out on Our Website OTHER IMPORTANT TERMS When We use the word including it is to be read as including without limitation Any reference in these Terms 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 The headings in these Terms are for convenience only and shall not affect their interpretation If You wish to contact Us in writing or if any clause in these Terms requires You to give Us notice in writing for example to cancel the Contract You can send this to Us by e mail cancellations phonewatch ie by hand or by pre paid post to the address set out on Our Website We will confirm
19. taken in the event of a particular Alert to include the emergency instructions relating to the Alert including details relating to Your nominated keyholders and verification word f Emergency Service Provider includes An Garda S och na fire authorities the state health services or any other provider of an emergency service g Event Outside Our Control is defined in clause 11 1 h Order Your order for the Alarm System and or the Service the details of which are set out in the System Design Proposal i Premises the address at which the Alarm System will be installed as set out in the System Design Proposal j Price List Our price list s on Our Website as may be updated from time to time k Service the monitoring and or maintenance service and any other services to be provided by Us to You as set out in the System Design Proposal on Our Website or as otherwise agreed with You from time to time I System Design Proposal the form sent by Us to You setting out details and payment options and payment details for the Alarm System and or the Service to be provided to You should Your Order be accepted m Terms the terms and conditions set out in this document n We Our Us PhoneWatch Limited Block 1 Irish Life Centre Lower Abbey Street Dublin 1 and where applicable Our employees agents or subcontractors 0 Website www phonewatch ie and p You Your or Customer the customer that enters into the Contra
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