HomeSecure Install, Monitoring & Service Terms and Conditions

  1.             Definitions, Interpretation and Application

 

1.1          Definitions

Agreement: the agreement between HomeSecure and the Customer, pursuant to which HomeSecure shall provide the Alarm System and/or perform the Services, comprising these Conditions, the Order, any other documents referred to in these Conditions or posted on the Website, and any other terms agreed in writing between HomeSecure and the Customer;

Alarm Codes: the HomeSecure engineer alarm codes applicable to the Alarm System or any other alarm system located at the Premises, in respect of which HomeSecure provides Services;

Alarm System: the HomeSecure alarm system (including its respective components and Retained Property) which is to be installed at the Premises;

Alert: an alert transmitted from the Alarm System, or any other alarm system located at the Premises in respect of which HomeSecure provides Services, upon the detection of a breach or other relevant activation at the Premises;

Application Form: the HomeSecure application form (if applicable) containing details of the Order;

Charges: the charges payable by the Customer for the Alarm System and/or the Services, details of which shall be specified in the Application Form or where not so specified, shall be those contained in the Price List, unless otherwise agreed to in writing between HomeSecure and the Customer;

Commencement Date: the date on which the Agreement commences, being the date on which the Customer submits their Order to HomeSecure in the manner described in Clause 3.1;

Conditions: these terms and conditions, as same may be amended by HomeSecure from time to time by publication on the Website;

Cooling Off Period: the 14 (fourteen) day period immediately following the Commencement Date;

Customer: the party to whom HomeSecure provides an Alarm System and/or Services pursuant to an Agreement

Emergency Instructions: the instructions given by the Customer to HomeSecure as to the steps to be taken in the event of an Alert, to include contact details of the Customer’s nominated keyholders;

Emergency Service Provider: a provider of emergency services, e.g. An Garda Síochána, fire services etc;

Force Majeure Event: any event outside HomeSecure’s reasonable control including but not limited to, breakdowns in telecommunications or internet services, 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 or internet service provider, Emergency Service Provider or a relevant regulatory authority;

Further Minimum Term: a further minimum term commencing after the expiry of the Minimum Term, for which the Services will be provided to the Customer, as set out in an invoice pack and/or in any other documents issued by HomeSecure to the Customer or as agreed between HomeSecure and the Customer;

HomeSecureHomeSecure Limited, trading as HomeSecure, The Eden Centre, Grange Road, Rathfarnham, Dublin 16 and, where applicable, HomeSecure’s employees, agents and subcontractors

Installation: the installation of the Alarm System at the Premises;

Installation Date: the date of Installation and/or commencement of the Services;

Minimum Term: the minimum term for which HomeSecure shall provide the Services to the Customer, being the period of 36 (thirty six) months commencing on the Installation Date;

Order: the Customer’s order for an Alarm System and/or Services, as specified in an Application Form, or as notified to HomeSecure by telephone or any other means of communication;

Premises: the address at which the Alarm System will be installed and/or Services are to be performed;

Price List: HomeSecure’s price list(s) as set out in Appendix 1 or on the Website as same may be updated from time to time at HomeSecure’s sole discretion;

Retained Property: the external ‘decoy’ bell box and any other components of the Alarm System in respect of which ownership will remain with HomeSecure, as notified to the Customer from time to time;

Services: the monitoring and/or maintenance services and any other services to be provided by HomeSecure to the Customer, as set out in the Application Form or as otherwise agreed with the Customer from time to time;

Website” www.HomeSecure.ie.

 

1.2          Interpretation

1.2.1       In these Conditions, words such as "hereunder", "hereto", "hereof" and "herein" and other words commencing with "here" shall, unless the context clearly indicates to the contrary, refer to the whole of these Conditions and not to any particular Section or Clause thereof.

1.2.2       Save as otherwise provided herein, any reference herein to a Section or Clause, or paragraph shall be a reference to a section, sub-section, clause, sub-clause, paragraph or sub-paragraph (as the case may be) of these Conditions.

1.2.3       Any phrase introduced by the terms "including", "include", "in particular" or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms

1.2.4       Any reference to any provision of any legislation shall include any modification, re-enactment or extension thereof

1.2.5       Headings used herein are inserted for convenience only and shall not affect interpretation.

1.2.6       Any reference to “Ireland” shall mean the Republic of Ireland.

 

1.3          Application

Subject to Clause 15, these Conditions shall be incorporated into and form part of every Agreement and shall apply in place of, and prevail over:

(i)            any terms or conditions (written or oral) contained or referred to in any order, confirmation of order, specification or any other documentation, correspondence or other means of communication delivered by the Customer to HomeSecure; and

(ii)           any terms or conditions implied by trade custom, practice or course of dealing between the Customer and HomeSecure.

 

  1.       Statutory Rights, Descriptions and Changes

 

2.1          Save as expressly stated in the Agreement, all warranties, representations, conditions and other terms implied by statute or common law relating to the Alarm System and/or the Services are, to the fullest extent permitted by law, excluded from the Agreement.

 

2.2          All drawings, descriptive matter, specifications and advertising issued by HomeSecure and any descriptions or illustrations contained in HomeSecures catalogues or brochures or on the Website are issued or published for the sole purpose of giving an approximate idea of the Alarm System and the Services and shall not form part of the Agreement (and are hereby expressly excluded therefrom). HomeSecure reserves the right to alter and amend any of its literature at any time without notice to the Customer and without liability.

 

2.3          HomeSecure reserves the right to make changes to the specification of the Alarm System and/or the Services, where required to conform with applicable safety or statutory requirements, legal requirements, and/or, to maintain and improve the quality or performance of the Alarm System and/or the Services and to suspend delivery of the Services whilst making such changes.

 

2.4          HomeSecure shall notify the Customer of any material changes to be made by it pursuant to Clause 2.3 above as soon as it may reasonably be practicable for it to do so (after being made aware of any such requirement for changes), and will publish the details of such changes (including the operative date of such changes) on the Website. For the avoidance of doubt, HomeSecure shall not be liable under this clause if any material changes are required pursuant to Clause 2.3 that they have not been made aware of.

 

2.5          These Conditions do not affect the Customer’s statutory rights (where the Customer is a consumer).

 

  1.        Formation of Agreement

 

3.1          All Orders are automatically accepted by HomeSecure as soon as they are made. Accordingly, an Agreement commences between HomeSecure and the Customer as soon as the Customer gives their Application Form to a HomeSecure sales agent or otherwise submits their Order to HomeSecure, whether by telephone or via the Website or by any other means of communication.

 

  1. Accuracy of Order

 

4.1          The Customer is responsible for ensuring the accuracy of any Order which it submits to HomeSecure. If a Customer feels that they have made a mistake in their Order or require any changes to be made to their Order, they shall be required to notify HomeSecure as soon as possible and in any event, within 14 (fourteen) days of submitting that Order. Any failure to do so may result in additional costs being charged to the Customer.

 

  1. Installation

 

5.1          The Installation Date shall be agreed between HomeSecure and the Customer as soon as possible upon the acceptance of an Order in accordance with Clause 3.1.

 

 

5.2          The Customer shall ensure that a responsible adult is present at the Premises on the Installation Date to deal with any queries that  HomeSecure may have in connection with the Installation, to accept any instructions from HomeSecure in relation to the Alarm System and/or the Services and to otherwise, provide such cooperation as shall reasonably be required by HomeSecure in connection with the Installation and its provision of the Services. The Customer shall ensure in particular, that there is, at the Premises, an adequate and suitable power supply, power points, electrical fittings, broadband connectivity and telephone lines and fittings.

 

5.3          If for any reason the Customer fails to accept delivery of an Alarm System or to permit installation of the Alarm System, or fails to provide appropriate instructions to HomeSecure within a reasonable period following the Commencement Date, to enable HomeSecure to effect delivery and installation of the Alarm System and/or to commence its provision of the Services, HomeSecure may, without limitation to any other right which may be available to it, terminate the Agreement with immediate effect. In this event, HomeSecure shall be entitled to retain any deposits and/or upfront payments (as defined in Clause 6.2)  which may have been paid by the Customer prior to such termination.

 

  1. 6.        Ownership of the Alarm System

 

6.1      In the event that the Customer already has an alarm system, which was previously fitted and monitored by another service provider, HomeSecure shall carry out the Services on the Alarm System as if it was fitted by HomeSecure (which the parties acknowledge may require changes be made to conform with a HomeSecure Alarm System).   Title and property to the Alarm System shall always remain with the Customer. In the event that HomeSecure is required to install or provide any additional equipment to ensure that the customer’s current alarm system is compatible with the HomeSecure Alarm System, this additional equipment remains the property of HomeSecure.ie

 

 

6.2      In the event that HomeSecure installs a new Alarm System for the Customer, HomeSecure shall retain ownership of the Alarm System until any upfront payment (being the difference between the total sum payable for the Alarm System and the amount Homesecure has agreed to subsidise on behalf of the Customer) due by the Customer is received by HomeSecure and the Minimum Term has expired. If the agreement is terminated by the Customer prior to the expiry of the Minimum Term, the Customer shall repay to HomeSecure all subsidised hardware costs as set out in the Price List, However, in the event that the Customer returns the Alarm System to HomeSecure on this termination, the subsidised hardware costs shall not be payable and HomeSecure shall use reasonable endeavours to return any upfront payment received from the Customer.

 

6.3      Rental Customers (i.e. Customers renting the Alarm System)

In respect of Customers renting an Alarm System, HomeSecure shall retain ownership of the Alarm System at all times. The Alarm System is provided to the Customer on a rental basis only for the duration of the Agreement. Upon termination of the Agreement (howsoever arising), HomeSecure shall retake possession of the Alarm System.

 

6.4      Non Rental Customer (i.e. Customers purchasing the Alarm System)

In respect of Customers purchasing an Alarm System, delivery of the Alarm System shall take place on the Installation Date upon completion of the Installation and accordingly, all risk therein shall pass to the Customer upon completion of the Installation. However title and property in the Alarm System (except Retained Property) shall pass to the Customer only in accordance with Clause 6.2 above. HomeSecure shall retain ownership of the Retained Property at all times, which shall be required to be returned to HomeSecure upon termination of the Agreement (howsoever arising).

 

6.5      For the avoidance of doubt, any alarm system existing at the Premises which is not a HomeSecure alarm system, shall remain the property of the Customer upon termination of the Agreement (howsoever caused).

 

  1.       The Services

 

7.1          HomeSecure shall perform the Services from the Installation Date until the Agreement is terminated.

 

7.2          The Customer shall be responsible for providing HomeSecure with all information which it reasonably requires to enable it to perform the Services and for ensuring that all Emergency Instructions provided to HomeSecure are accurate, complete and up to date. The Customer shall also be responsible for obtaining the consent of any nominated key holders.

 

7.3          The Customer acknowledges that actions by Emergency Service Providers and the Customer’s nominated key holders following notification to them of an Alert are outside the control of HomeSecure and accordingly HomeSecure shall have no responsibility or liability for any acts or ommissions of Emergency Service Providers and/or the Customer’s nominated keyholders (or their nominees), following the notification to them of an Alert.

 

7.4          Where additional non-standard maintenance is required by a Customer that is not due to the fault or default of HomeSecure, additional charges shall apply.

 

7.5       The Services provided do not include visits to the Premises (or additional time spent at the Premises) for the purposes of:-

 

  1. a) rectifying any failure or malfunction of the Alarm System and/or the Services caused directly or indirectly by accident, neglect, misuse (other than the use for which it was intended) or by adverse environmental conditions, electrical current fluctuations (including failure of electrical power) or deliberate damage resulting from reckless, negligent or careless conduct (including omission) by the Customer or resulting from wear and tear other than in a respect of any failure or malfunction resulting from fair wear and tear;

 

  1. b) remedial maintenance necessitated by the undertaking of work on the Alarm System (including moving, relocation, conversion or adaptation) by anyone other than HomeSecure unless approved by HomeSecure and/or

 

  1. c) remedial maintenance necessitated by a Force Majeure Event.

 

7.6       HomeSecure may remotely access panels (being part of the Alarm System fitted and supplied by HomeSecure) in order to facilitate essential maintenance and/or upgrades.

 

7.7       If the Customer requests the use of the HomeSecure app, HomeSecure confirms that the Customer shall be permitted access to the app for two users only.  In the event that the Customer requires further users to have access to the app, HomeSecure shall be entitled to charge the Customer a sum of €10.00 per each additional user for setup of those users on the app and a further fee of €2.00 per month per each additional user.

 

  1. The Products

 

8.1       HomeSecure may provide (at the request of the Customer) ancillary products relating to the Alarm Systems, a non-exhaustive list of which is set out in Appendix ! of this Agreement in addition to the prices of those products. In the event that the Customer has any complaint or issue with any of these products, the Customer shall be obliged to contact the manufacturer of those products directly. For the avoidance of doubt, HomeSecure shall have not liability in relation to the products to the fullest extent permitted by law.     

 

 

  1. Customer Warranty and Indemnity

 

9.1          The Customer warrants to HomeSecure that they are over 18 (eighteen) years of age, legally entitled to enter in to the Agreement and are:

(i)            the freeholder of the Premises; or

(ii)          a tenant of the Premises and have obtained the landlord’s approval to the Installation and/or commencement of the Services at the Premises. Customer agrees to provide HomeSecure with evidence of such landlord approval upon request.

 

9.2          The Customer irrevocably agrees to indemnify HomeSecure against any claims made against it (and related costs incurred by it) by:

(i)            Emergency Service Providers seeking reimbursement of their costs, where it is alleged by such Emergency Service Providers that their taking of action and/or attendance at the Premises as a consequence of the Services, was without just and sufficient cause; and

(ii)           the Customer’s nominated key holders (or their nominee), in connection with their taking of any action on foot of an Alert,

save that, the indemnity provided herein shall not apply to claims made against HomeSecure which arise solely due to HomeSecure’s negligence.

 

  1.             Problems with the Alarm System

 

10.1          HomeSecure warrants the panel (being part of the Alarm System fitted and supplied by HomeSecure) for a period of 10 years from the Installation Date and warrants the sensor (also being a part of the Alarm System fitted and supplied by HomeSecure) for a period of 3 years from the Installation Date. HomeSecure warrants the panel and/or the sensor on any pre-installed alarm system existing at the Premises (which was not fitted or supplied by HomeSecure) for a period of 30 days from the Installation Date. The Alarm System shall correspond with the applicable product warranty specified on the Website. All warranties provided by HomeSecure do not extend to parts, materials or equipment supplied by persons other than HomeSecure.

 

 

10.2          HomeSecure will not be liable to the Customer for any defect or default in the Alarm System arising from: (a) any failure by the Customer to follow instructions provided by HomeSecure (b) any misuse of the Alarm System; (c) any use of the Alarm System that has not been authorised by HomeSecure; (d) any accident and/or intentional act causing damage to the Alarm System or any part thereof (save where caused by HomeSecure) (e) 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 HomeSecure; (e) fair wear and tear and/or (f) adverse weather conditions.In circumstances where HomeSecure is required to perform any remedial maintenance as a consequence of the occurrence of any of the foregoing events, such remedial maintenance shall be carried out by HomeSecure at its then prevailing price rates (including the relevant call out charge), which shall be notified to the Customer at the applicable time.

 

10.3          In the event of any defect with the Alarm System (or any other alarm system installed at the Premises which is used to provide the Services), the Customer shall be obliged to notify HomeSecure of the defect as soon as possible and upon receipt of such notice,HomeSecure shall subject to the foregoing provisions of this Clause 9, use every effort to repair or fix the defect as soon as may reasonably be practicable. HomeSecure shall be   entitled to charge for any such repairs or maintenance in accordance with Appendix I.

 

  1. Charges

 

11.1        Charges shall be payable in advance. For the avoidance of doubt, Charges shall include Installations and call outs requested by the Customer.

 

11.2        The payment terms shall be those specified in the Application Form or as otherwise notified by HomeSecure to the Customer prior to an Order being made. In the event that the Customer is required to make an upfront payment (as defined in Clause 6.2) in accordance with an Order, the Customer shall be required to pay such sum to HomeSecure prior to the Installation Date.

 

11.3        Invoices will not be posted to Customers and will instead be available for online inspection.The Customer may request that an invoice be emailed to them and on receipt of such request, HomeSecure shall email the applicable invoice to the Customer. If the Customer requested that the invoice be posted, HomeSecure shall be entitled to charge a fee for postage.

 

11.4      Charges are inclusive of VAT and accordingly, shall be subject to amendment from time to time to reflect changes in prevailing rates of VAT.

 

11.5        In the event that the Customer terminates this Agreement prior to the expiry of the Minimum Term or HomeSecure terminates this Agreement in accordance with Clause 14, any outstanding Charges due to HomeSecure, including but not limited to (i) any monthly subsidy amount (set out in Appendix I) remaining in the Minimum Term), (ii) any payments owing and (iii) the termination fee set out in Clause 14, shall become immediately payable by the Customer to HomeSecure.  For the avoidance of doubt, if the Customer returns the Alarm System to HomeSecure, the monthly subsidy amount referred to above shall not be charged to the Customer.

 

 

11.6        The Charges may be changed by HomeSecure at its sole discretion. HomeSecure shall use reasonable endeavours to notify the Customers in writing in advance of any increases in Charges

 

11.7        Should the Customer fail to pay any Charges by their due date for payment, HomeSecure HS reserves the right to charge late payment interest to the Customer on the overdue sum at a rate of 3% per annum above the prevailing EURIBOR. Such late payment interest shall be calculated daily and compounded monthly, and shall accrue both before and after judgment until the date of actual payment of the overdue sum. The EURIBOR rate on any given day is available at http://www.euribor-ebf.eu/. Pending payment of any overdue amount, HomeSecure may, without any liability to the Customer, suspend its delivery of the Services or terminate the Agreement and if applicable, recover possession of the Alarm System and/or the Retained Property.

 

 

11.8        Notwithstanding Clause 11.7 above, in circumstances where a Customer in good faith wishes to dispute the content of a HomeSecure invoice and promptly notifies HomeSecure of this fact, then for the period during which HomeSecure is investigating their dispute, Clause 10.7 shall be of no application, save that the Customer shall still be required to pay in accordance with Clause 11.5 above, that part of the invoice which is not in dispute.

 

11.9        Where a Customer pays Charges by direct debit and the Customer seeks a refund, the Customer will still be liable for the amount of the cancelled direct debit and HomeSecure will be entitled to pursue the Customer for recovery of any such amount. Where the Customer is not a consumer, the Customer waives any rights that it may have to seek such a refund and Customer shall follow the procedures detailed on the Website if it is seeking a refund.

 

11.10HomeSecure reserves the right to charge Customers for the recovery of any unpaid direct debits in accordance with the schedule of charges at Appendix I. HomeSecure also reserves the right to charge an administration fee for any amendments requested by the Customer to the Customer information held by HomeSecure (including the named keyholders).

 

  1. 12.      Liability of HomeSecure

 

12.1        HomeSecure is not an insurer and the Customer acknowledges and accepts that HomeSecure shall not as a consequence of its entry into an Agreement, have any liability whatsoever to the Customer for any damage to the Premises and/or any loss suffered by the Customer or any other party at the Premises (whether of contents or otherwise).

 

12.2        HomeSecure makes no guarantee or warranty that the Alarm System and/or the Services will avert or prevent occurrences or the consequences of occurrences which the Alarm System and/or the Services are intended to detect.

 

12.3        Notwithstanding the foregoing provisions of this Clause 12, should HomeSecure for any reason, be deemed to be 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 provision of the Services or in respect of any failure, interruption, or restriction of the Alarm System and/or the Services caused by any act, omission or negligence on the part of HomeSecure, the total aggregate liability (whether in contract, tort or otherwise) of HomeSecure shall be the lesser of the amount paid by the Customer to HomeSecure pursuant to the Agreement and fifteen thousand euro (€15,000).

 

12.4        HomeSecure shall not under any circumstances have any liability to the Customer 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) whether forseen or unforeseen and whether caused by the negligence of HomeSecure or otherwise.

 

12.5        HomeSecure will make good any damage caused to the Premises by HomeSecure in the course of the Installation or performance of the Services, however, for the avoidance of doubt, HomeSecure shall not be responsible for the cost of repairing any pre-existing faults or damage to the Premises which is discovered in the course of the Installation and shall have no obligation to restore the Premises to its pre-installation condition following its removal of the Alarm System or any Retained Property in accordance with these Conditions.

 

12.6        Nothing in these Conditions excludes or limits the liability of HomeSecure for death or personal injury cause by HomeSecure’snegligence, or for any matter which it would be illegal for HomeSecure to exclude or attempt to exclude its liability or for fraud or fraudulent misrepresentation.

 

  1. Customer’s Obligations

 

13.1        The Customer shall be obliged to:

(i)            test the Alarm System on a monthly basis in accordance with the instructions specified on the Website and/or as otherwise provided by HomeSecure  from time to time.

(ii)           promptly report any defects in the Alarm System and/or Services to HomeSecure.

(iii)          ensure that the Alarm System is at all times kept safely and properly used and in connection therewith, the Customer shall:

(a)           while the Alarm System is not in use, ensure that the electricity supplied to it is not turned off;

(b)           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)           not move the Alarm System to another location without HomeSecure’s prior written consent;

(d)           not remove, tamper with or obliterate any words or labels on the Alarm System;

(e)           take proper care at all times to use the Alarm System in accordance with the user manual provided by HomeSecure;

(f)            not allow third parties to service, maintain, add to and/or remove from the Alarm System in part or in total;

(g) not to engage in any action that could hinder or inhibit HomeSecure in the provision of the Services; and

(h)           comply with any other requirements notified by HomeSecure from time to time.

 

13.2        HomeSecure reserves the right to charge for any work which it is required to carry out in relation to the Alarm System and/or the Services which is attributable to a failure by the Customer to perform the obligations specified in Clause 13.1 above or such other obligations as may from time to time, be notified by HomeSecure to the Customer in writing. Details of any applicable Charges shall be notified to the Customer at the relevant time, a non-exhastive list of which is set out at Appendix I

 

13.3        Any reference in this clause 13 to the Alarm System shall include any pre-installed alarm system existing at the Premises which is used to provide the Services.

 

  1.      Term and Termination

 

14.1        Term

 

The Agreement will come into existence on the Commencement Date and subject to any early termination pursuant to this Clause 14 , shall terminate on the expiry of the Minimum Term, save that, the Customer must notify HomeSecure a minimum of 30 (thirty) days prior to the expiry of the Minimum Term that it does not wish to continue the Agreement beyond the expiry of the Minimum Term and where it fails to do so, the Agreement will continue in force after the expiry of the Minimum Term and shall remain in force until the expiry of:

(i)            the Further Minimum Term; or

(ii)           where no Further Minimum Term has been agreed between HomeSecure and the Customer, shall continue in force for rolling “one year” periods,

 

provided that, where the Agreement continues pursuant to a Further Minimum Term or a rolling “one year” period, the Customer must notify HomeSecure a minimum of 30 (thirty) days prior to the expiry of the Further Minimum Term or any applicable “one year” period, that it does not wish to continue the Agreement beyond the expiry of such term, and where it fails to do so, the Agreement shall again continue thereafter, on a rolling “one year” basis, or for such other time period as shall be agreed between the Customer and HomeSecure. Accordingly, for the avoidance of doubt, any contract period (whether the Minimum Term, Further Minimum Term or rolling “one year” period), shall (subject to the rights of early termination specified herein) continue beyond the expiry of such period unless the Customer notifies HomeSecure, a minimum of 30 (thirty) days prior to the expiry of the applicable period, of their wish to terminate the Agreement on the expiry of that period.

 

 

14.2        Termination by the Customer

 

14.2.1    Ending the Agreement during the “Cooling Off Period”:

 

The Customer may, without giving any reason, terminate the Agreement at any time within a period of 14 (fourteen) days following the Commencement Date by notifying HomeSecure accordingly. If the Customer terminates the Agreement under this Clause 14.2.1 and has already made payment to HomeSecure of some or all of the Charges, the following shall apply:

(i)            Charges paid which relate to Services which HomeSecure has not yet provided, shall be refunded by HomeSecure;

(ii)           Charges paid which relate to Services which HomeSecure has already provided to the Customer shall not be refunded.

 

14.2.2    Ending the Agreement after the “Cooling Off Period”:

 

(i)            Should the Customer wish to terminate the Agreement at any time after the Cooling Off Period, other than pursuant to Clause 14.1 above (i.e. on providing a minimum of 30 (thirty) days’ notice prior to the expiry of the applicable term) or Clause 14.2.2(ii)  below, the Customer shall be required to pay to HomeSecure a termination fee, which shall equate to the full amount of the Charges which would otherwise have been payable by the Customer to HomeSecure under the Agreement during the remainder of the Minimum Term, the Further Minimum Term, or any applicable “one year” rolling period (as the case may be), had the Customer not terminated the Agreement early.  Such termination fee shall become immediately payable on termination in addition to any amount subsidised by HomeSecure to the Customer, which for the avoidance of doubt shall include any outstanding subsidised hardware costs set out in the Price List.

 

(ii)           In the event of HomeSecure being in breach of the Agreement in any material way and failing to commence action to remedy such breach within 30 (thirty) days of HomeSecure receiving a written request from the Customer to do so, the Customer shall be permitted to immediately terminate the Agreement by notifying HomeSecure in writing and should the Customer terminate the Agreement in such circumstances, no termination fee shall be payable by the Customer and HomeSecure shall refund all Charges paid to HomeSecure by the Customer for Services not yet provided to the Customer. For the avoidance of doubt, in this event, the Customer shall remain liable for any outstanding subsidised hardware costs as set out in the Price List.

 

14.3        Termination by HomeSecure

 

14.3.1    Ending the Agreement on Notice:

 

HomeSecure may terminate the Agreement at any time (without reason) upon providing the Customer with at least 30 (thirty) days’ notice in writing. Upon termination by HomeSecure in accordance with this Clause 14.3.1, should the Customer have made any payment in advance for Services that have not yet been provided by HomeSecureHomeSecure will refund such amounts to the Customer.

 

14.3.2    Ending the Agreement for non-payment of Charges:

 

HomeSecure may terminate the Agreement at any time with immediate effect by notifying the Customer in writing, if the Customer fails to pay any of the Charges by their due date for payment. Any termination of the Agreement by HomeSecure pursuant to this Clause 14.3.2 does not affect HomeSecure’s right to charge the Customer interest under Clause 11.7 above or any other rights which may be available to HomeSecure in such circumstances.

 

14.3.3   Ending the Agreement in the event of a breach or insolvency scenario:

 

HomeSecure may terminate the Agreement with immediate effect by giving written notice to the Customer if:

(i)      the Customer breaches any term of the Agreement (other than a breach of its payment obligations, which is dealt with instead under clause 14.3.2 above) and does not remedy the breach within 30 (thirty) days of being asked by HomeSecure to do so;

(ii)     the Customer (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 enter into liquidation (whether compulsory or voluntary); or

(iii)    the Customer (being an individual) is adjudged bankrupt or makes any composition or arrangement with their creditors or suffers distress or execution to be levied on the Premises; or

(iv) the acts or omissions of the Customer or anyone acting on their behalf, prevents HomeSecure from carrying out the Services.

 

14.3.4     Ending the Agreement due to Unsuitability:

 

HomeSecure may terminate the Agreement at any time with immediate effect by notifying the Customer in writing, if HomeSecure, in its absolute discretion, determines that a pre-installed alarm system located at the Premises, is not suitable for providing the Services.

 

143.5     Ending the Agreement due to the provision of invalid payment details:

 

HomeSecure may terminate the Agreement at any time with immediate effect by notifying the Customer in writing, if HomeSecure, establishes that the payment details provided by the Customer are invalid.

 

14.4        Alarm Codes

 

14.4.1     The Alarm Codes are the property of HomeSecure. Upon termination of the Agreement, HomeSecure shall, upon receipt of payment of all amounts owing to it by the Customer under the Agreement, provide the Customer with the Alarm Codes, but shall not otherwise be required to provide the Alarm Codes to the Customer.

 

  1.    Changes to the Conditions

 

15.1        HomeSecure may revise these Conditions from time to time in its absolute discretion.

 

15.2        HomeSecure reserves the right to amend the Conditions at any time without notice to the Customer. Such amended Conditions shall be made available on the Website and shall be immediately incorporated and form part of this Agreement as if they were contained within this Agreement.

 

  1.          General Provisions

 

16.1        The Customer irrevocably grants to HomeSecure such rights over, and access to, the Premises as are necessary for HomeSecure to install the Alarm System at the Premises and/or provide the Services at the Premises and to perform on the Premises any necessary maintenance, repair, and/or other activities as are reasonably necessary to ensure proper performance of the Alarm System and the Services and in connection therewith, to bring upon, install and keep installed and operate at/on the Premises, all related operating equipment and where applicable, to remove the Alarm System and Retained Property from the Premises upon termination of the Agreement and the Customer undertakes at Customer’s own expense to procure all third party consents as shall be necessary to allow HomeSecure to access the Premises in accordance with this Clause 16.1. HomeSecure reserves the right to charge a fee for removing the Alarm System from the Premises. Where HomeSecure is prevented for any reason from having reasonable access to the Premises to remove the Alarm System, HomeSecure shall be permitted at its discretion,  to invoice the Customer for the full cost of the Alarm System together with the reasonable costs incurred by HomeSecure in seeking to recover the Alarm System from the Premises.

 

16.2        HomeSecure will process all Customers’ personal information in accordance with the Data Protection Act 1988 as amended by the Data Protection (Amendment) Act 2003 and its Privacy Policy, a copy of which is contained on the Website.

 

16.3        HomeSecure shall not be liable to the Customer for any delay and/or failure by HomeSecure to provide any element of the Alarm System or the Services in accordance with the Agreement, where such delay or failure is caused by the occurrence of a Force Majeure Event. If a Force Majeure Event takes place which impacts on HomeSecure’s ability to perform its obligations under the Agreement, HomeSecure shall notify the Customer as soon as may reasonably be practicable upon becoming aware of the occurrence of such an event and thereafter, all obligations of HomeSecure which are impacted by the Force Majeure Event shall be suspended for the duration of such Force Majeure Event.

 

16.4        Where the Customer wishes to contact HomeSecure in writing, or is required in these Conditions to serve notice on HomeSecure in writing (for example, to terminate the Agreement), this can be done by e-mail, by hand, or by pre-paid post to the HomeSecure address set out on the Website. Where HomeSecure wishes to, or is required to, contact the Customer in writing, it shall do so by e-mail, by SMS, by hand, or by pre-paid post to the Premises. Alternatively, HomeSecure may deliver general notices to Customers by way of an online announcement on the Website, by a notice in any national newspaper or by such other method as HomeSecure deems appropriate.

 

16.5        HomeSecure may assign any of its rights or obligations under the Agreement without the Customer’s consent. In such circumstances, HomeSecure shall procure that the Customer is notified accordingly. The Customer shall be prohibited from assigning its rights and/or obligations under an Agreement without the consent in writing of HomeSecure

 

16.6        Subject to Clause 16.5 above, the Agreement is between HomeSecure and the Customer and accordingly, no other party shall have any right to enforce any of its terms.

 

16.7        If any provision of the Agreement (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in force.

 

16.8        A waiver by HomeSecure of any breach of the Agreement by the Customer or the acquiescence of HomeSecure in any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of the applicable term, provision or condition or of any subsequent act by the Customer which is contrary thereto. Any such waiver by HomeSecure shall be in writing.

 

16.9        The Agreement is governed by the laws of Ireland and any dispute and/or claim relating to the Agreement shall be governed by and construed in accordance with the laws of Ireland.

 

APPENDIX I – SCHEDULE OF CHARGES NET OF VAT

Small XT GSM €80

Shock/Inertia Window €80

Door/Window Contact €80

Motion/PIR €80

Keyfob €50

Smoke Detector €150

Decoy Box €50

Light Added to Decoy Box €50

Extra Bellbox with LED and Siren (SAB) €299

First Camera €499

Second and Subsequent Cameras €299

Internal Camera €199

Thermostat €199

Lamp Modules €99

Battery Changes Sensors €5

Battery Change Panel €20

Moving House/System €150

HomeSecurity Assessment €100

Pet Sensor€80

App Additional Set up Charge per additional user €10

App Monthly Charge per additional user €2

App Monthly Charge Camera/Thermostat/Light Modules €5

Medical Pendant €150

Service Visit €80

Unpaid Direct Debit €10

Key Safe €199

Contract Termination Fee €150

New Broadband Connection Fee €100

New Alarm Zero Wire with sensors monthly subsidy €20

New Alarm Zero Wire panel only subsidy €10

New Alarm HKC Subsidy €10

New Alarm XGen Subsidy €10

Alarm Removal Fee €150