HomeSecure Install, Monitoring & Service Terms and Conditions
Definitions, Interpretation and Application
Statutory Rights, Descriptions and Changes
Formation of Agreement
Accuracy of Order
Ownership of the Alarm System
Customer Warranty and Indemnity
Problems with the Alarm System
12. Liability of HomeSecure
Term and Termination
Changes to the Conditions
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;
HomeSecure: HomeSecure 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;
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.
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.
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 HomeSecure’s 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).
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.
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.
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.
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).
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:-
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;
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
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.
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.
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.
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.
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.
11.5In 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).
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.
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.
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 HomeSecure, HomeSecure 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.
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.
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.
16.3 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
Owned / Rented
Shock/Inertia Window €90 / €3p/m
Door/Window Contact €90 / €3 p/m
Motion/PIR €90 / €3 p/m
KeyFob €90 / €2 p/m
Smoke Detector €90 / €3 p/m
Decoy Box with Flashing Light €50 / €3p/m + Installation Fee
Smart Plug €90 / €3 p/m
HomeConnect with iKydz App €5 p/m
Installation Fee Domestic €99
Installation Fee Commercial €199
XT GSM Module €90
Non-essential / out of warranty Service Visit €90 for first hour, €45 per hour thereafter
Out of warranty Battery Changes Sensors €5
Out of warranty Battery Change Panel €20
Moving House/System Move €250
HomeSecurity Assessment €100
App Monthly Charge per additional user €10 Admin fee
Medical Pendant €150
Unpaid Direct Debit €10 Admin fee
Contract Termination Fee €150
New Broadband Connection Fee €99
New Alarm Zero Wire with sensors monthly subsidy €20
New Alarm Zero Wire panel only subsidy €10
Alarm Removal Fee €150
Rental System Buy out fee €500 (after minimum 12 months)
Rental Non-Return Charge €750
17 Ikydz/Net Protect Use of Service and Conditions
17.1. iKydz Unit License Grants
Subject to the Terms of this Agreement, You are hereby granted a limited, revocable, non-exclusive and non-transferable licence (without right to sub-licence) to:
Install, administer and operate the iKydz Services (including the iKydz Unit and iKydz Software) as part of a home network or any other compatible network over which You have administrative authority;
Install and integrate iKydz Software in conjunction with Your network, Your computer or mobile Devices and any other of Your Devices designed to access or use the iKydz Services
Use the iKydz Software in complete, unmodified form on any such home network, computer, mobile Device or other Device designed to interact with the iKydz Services.
17.2. iKydz Mobile License Grants
Subject to the Terms of this Agreement, You are hereby granted a limited, revocable, non-exclusive and non-transferable licence (without right to sub-licence) to install and use one copy of the iKydz SaferK software on one of your Devices, for your own internal and private (domestic) use only.
17.3. iKydz Trial App Use
You may use the iKydz Trial app (which only provides demonstration data) under the above License at no charge (as indicated by us) for domestic use only on an as-is basis. This license includes only downloading, installing and using the iKydz App on your Device at home under your control. The iKydz Trial app does not provide any functionality to control or manage your Devices and only provides an example as to how the functions of the iKydz App would work.
17.4. iKydz Mobile User Free Trial
You may use iKydz Mobile under the above License at no charge (as indicated by us) for domestic use only on an as-is basis. This license includes only downloading, installing and using the iKydz App on your Device at home under your control.
17.5. Restriction on Modification
You may not modify the iKydz Unit or iKydz Services for use in any way other than as described in Sections 3.1 and 3.2. Any such modification will void any warranties, whether express or implied, on the iKydz Unit or iKydz Software. Further, any tampering with, destruction of, or other alteration of the iKydz Unit will void any warranties, express or implied, on the iKydz Unit. If and to the extent that the iKydz Software is designed to be compliant with any published communications standard (including, without limitation, Bluetooth SIG, IEEE, and ITU standards), You may not make any modifications to the iKydz Software that would cause the iKydz Software or the accompanying iKydz Unit to be incompatible with such standard.
17.6. Restriction on Distribution
You shall not distribute the iKydz Software, nor hold yourself out as a distributor, author, or creator of the iKydz Software, nor lead others to believe through implicit or explicit means that it has the right to sublicense or otherwise distribute the iKydz Software. You may not loan, lease, rent, distribute, resell, or otherwise distribute the iKydz Software other than as provided by the terms of this Agreement without the express written consent of iKydz.
17.7. Proprietary Notices
You shall not remove, efface or obscure any copyright or trademark notices from the iKydz Software. You acknowledge that any symbols, trademarks, tradenames, and service marks adopted by iKydz to identify the iKydz Software belong to iKydz and that You shall have no rights therein.
iKydz shall retain all right, title and interest, including all intellectual property rights, in and to (i) the design and technical specifications of the iKydz Unit; (ii) all current or future iKydz applications, including iKydz, iKydz Home, iKydz Pro, iKydz Mesh, and iKydz Mobile; and (iii) the iKydz Software. You hereby acknowledge and agree that You have no rights in the iKydz Unit or in iKydz Mobile apart from those granted in this Agreement. You hereby covenant that You will not assert any claim that the iKydz Software provided by iKydz hereunder and used or accessed by You from time to time, regardless of whether created by or for iKydz, including any derivative works thereof, infringes any intellectual property right owned or controlled by You.
17.9. No Other Rights Granted; Restrictions
Apart from the license rights expressly set forth in this Agreement, iKydz does not grant and You do not receive any ownership right, title or interest nor any security interest or other interest in any intellectual property rights relating to the iKydz Unit, iKydz Mobile and the iKydz Software, nor in any copy of any part of the foregoing. iKydz Services may only be used for monitoring usage of Devices in a domestic context, for controlling use of these Devices by your Users when and to the extent such activity is permitted by applicable law and without infringing any third party rights (including your User’s fundamental rights) or other applicable regulation. You agree to indemnify and hold iKydz harmless to the fullest extent allowed by law regarding all matters related to your use of the iKydz Services. In addition, you may not:
use, license, sell or otherwise distribute the iKydz Unit, iKydz Mobile or iKydz Software except as provided in this Agreement;
attempt to reverse engineer, decompile or disassemble any portion of the iKydz Unit or iKydz Software;
attempt to steal from or gain unauthorised access to the iKydz Services;
use iKydz Software in a computer-based services business or publicly display visual output of iKydz Software; or
query the API in a manner which causes damage to iKydz servers, or interferes with the operation of the API for other users;
attempt to utilise the API as a vector for scripts, worms, malware, or other intrusions into iKydz servers for any reason;
use the iKydz Unit, iKydz Mobile, iKydz Software or iKydz Services for the purpose of directly competing with iKydz; or
use the iKydz Unit, iKydz Mobile, iKydz Software, iKydz Services or other material in violation of any applicable law or regulation, including but not limited to any regulatory agency rules.
not use the Services for any illegal or unauthorised purpose or any activity that infringes third party rights or breaches these Terms
use the Services in any manner that may deteriorate the iKydz Services
17.10. Prohibitions on Use
You agree not to use or permit use of the iKydz Services to monitor or control Users Devices and activities in any of the following conditions:
When the Devices are not your property (or of your immediate family members) or have not been leased to you
When it is not clear in your jurisdiction that controlling and monitoring use of the Devices through the functionalities offered by the iKydz Services are permitted by law or regulation.
When it is not clear in your jurisdiction that controlling and monitoring use of the Devices through the functionalities offered by the iKydz Services does not require express User consent, unless such express consent is obtained and documented by you.
When there are no guarantees that the use of information obtained through using the iKydz Services will respect third party (including Users’) rights and applicable regulation.
17.11. Content Blocking Not Guaranteed
You acknowledge that use of the iKydz Services does not guarantee that content you deem objectionable will be 100% unavailable at all times or at any time. You assume full risk and responsibility for the use of or reliance on the iKydz Services as regards content blocking. “False positive” content blocking may occur from time to time or at any time. We strive to allow sufficient control of content filters to allow User acceptable content through, if that is the intent of the User. However, there is no guarantee that some content that You would deem acceptable will not be blocked by the iKydz Services. In the event that you believe iKydz is miscategorising a site or service, please contact iKydz support at sup[email protected] to submit the issue for review.
We reserve the right to exclude you from iKydz Services without prior warning should you, or any of your Users, breach these Terms.
18 Ikydz/Net Protect Term & Termination
Subject to payment, where applicable, of the fees, your iKydz Account shall be activated and remain in force for the term indicated below, unless terminated by either us or you hereunder:
Kydz Trial App: use of the iKydz Trial App (demonstration data only) for a period of 30 days from the registration of the iKydz Account.
iKydz Unit: subject to proof of purchase, the use of the iKydz Services using the iKydz Unit.
iKydz Mobile User Free Trial: use of the iKydz Services for a period of 30 days (or for the period determined by the conditions of the free trial) from the registration of the User Account.
iKydz Mobile User: subject to payment of the fees, use of the iKydz Services for the contracted term, in accordance with the payment plan you have chosen. Plans are automatically renewed for the same term, unless written notice of cancellation is provided by either party at least 30 days’ prior to renewal.
You may cancel your iKydz Account at any time. All cancellations should be addressed to: [email protected] No refunds will be given for early termination unless we are in breach of these terms. In addition, we reserve the right to cancel this agreement with you if:
the provision of the Services is, in our sole opinion, no longer commercially or otherwise viable or
your iKydz Mobile User payment has not been made within 15 days of the payment due date; in this event, we will notify you by email (to your registered email address) of the failure to pay on the day of the initial failed payment, and provide you 15 days’ notice of termination.
18.3. Termination for breach
We may suspend or cancel your registration immediately in case of breach by you of these Terms, by written notice. We may cancel the Account of any Free Trial User at any time, with 30 days’ notice of termination, and of iKydz Mobile Users by providing you with 30 days’ notice prior to the end of any iKydz Mobile User term.
18.4. Upon Termination
On termination for any reason, your access to your iKydz Account and all of its content will be disabled and your content deleted, except as maintained in backups (for back-up retrieval purposes only or for any legal contingency). You shall uninstall all iKydz Software following the instructions of your Device operating system.
19 Ikydz/Net Protect Your Responsibilities
You must register and create an iKydz Account in order to access and use the iKydz Services. To register, you must create an account by completing the corresponding form with your details (email and name) and agreeing to these Terms. You warrant that this information is and will at all times be correct, complete and accurate. A verification email will be sent to you, and we will try to provide you with access to the iKydz Services immediately.
Passwords for your iKydz Account must be kept confidential and it is therefore your responsibility to safeguard and ensure their correct use. You agree to notify us immediately upon disclosure of the passwords, or upon learning of any unauthorised use of your iKydz Account or any other breach of security known to you. To notify us, email [email protected]
19.3. iKydz Customer Portal & iKydz App
You are solely responsible for how the iKydz Customer Portal and iKydz App controls are configured and the processing of any personal data through the iKydz Services as a consequence, including its collection, storage and analysis on the iKydz Customer Portal. iKydz automatically implements the configuration and instructions provided by you.
19.4. Collaboration with compliance with current regulations.
You agree that we can configure the iKydz Services so that access to certain websites, protocols or technologies is not possible while the iKydz Services are used. Especially, but not only, we can use this option in cases where:
it is known or suspected that these are used to violate mandatory applicable laws and regulations and/or
if we believe (at our absolute discretion) that these may be harmful to the iKydz Services.
20 Ikydz/Net Protect User Data
20.1. User Content
20.2. Responsibility for User Content
We do not control or supervise any User Content, except when required to in accordance with your instructions (e.g. through configuration of the iKydz Customer Portal or iKydz App) or by applicable law, competent court or administrative decision. We do however reserve the right to eliminate at any time any User Content if we become aware that it infringes or may infringe the law or third-party rights. You Must Have Rights to the Content You Post. You represent and warrant that:
you own the content posted by you on or through the iKydz Services or otherwise have the right to grant the license set forth in these Terms;
the posting and use of Your User Content on or through the iKydz Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and;
the posting of Your User Content on the iKydz Services does not result in a breach of contract between you and a third party.
You will not post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity
You will not harass, stalk, abuse, or post irrelevant or objectionable material
You will not post advertising, marketing, or spam links or content, except as specifically allowed by these Terms (posting the same content more than once can be considered “spam” or “spamming”)
You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the iKydz Services. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
20.3. User Content on termination
In the event of termination for any reason, your access to your iKydz Account and all of your User Content will be disabled and your User Content will be deleted. However, we may retain such User Content:
under backup protocols and
to cover any legal responsibilities that may arise from our relationship with you. Access to such data will be blocked in accordance with applicable laws unless such event arises.
20.4. Data retention
If there are any data you wish to retain for legal purposes, you must request it via the control panel of the Platform prior to termination. You are responsible for the conservation of such data. If we terminate the contract without notice because you have breached these Terms, you must provide evidence to us of the need to retain the data within 3 days following termination, and you will have an additional 5 days to obtain these data. We will also retain data according to that set out in our Data Retention Policy.
21 Ikydz/Net Protect Charges and Payment of Fees
Fees for iKydz Units and iKydz Mobile and any payment plans are set out at www.ikydz.com or via our resellers (“Fees”). For the payment plans, you agree to pay the Fees set out in the Plan selected by You. Payment is by way of online payment system provided by us or as agreed by us. We are not responsible for the data processed by our payment gateway provider which will be done pursuant to the terms made available to you in the payment process. On periodic renewal, you will be charged at the then current price, unless otherwise agreed in writing with us. Fees are non-cancellable and non-refundable. Fees for additional Users or Devices added during the subscription term are charged at the same price as for the pre-existing subscriptions, and the overall subscription fees will increase accordingly.
21.2. Price updates
Prices for the iKydz Services may change at any time by giving you at least thirty (30) days prior written notice. If you do not reject such a price change in writing requesting the termination of the iKydz Services, you will be deemed to have accepted the new prices. New prices applying to the next renewal period or subscription can be communicated at the moment of the subscription or renewal. In case of any continued use of the iKydz Services after the date of renewal, you will be deemed to have accepted the new prices.
Invoicing for Fees will be issued upon acceptance of the online order and 15 days prior to renewal of the subscription period. You will be invoiced for additional Users – for a full period, regardless of the start date. Renewals are charged with regularity as set out in your order form. Unless otherwise specified in the order, invoices are issued in euros or dollars (as indicated). You agree to provide us or our distributor complete and accurate billing and contact information.
Unless stated otherwise on your order form, all amounts invoiced shall be due and payable in advance on contracting the service and 7 days prior to renewal. We reserve the right to suspend or terminate this Agreement and access to the iKydz Services if you do not pay in timely manner. In the event of credit card payment, you will provide us with valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to us. If you provide credit card information, you authorise us to charge such credit card for all iKydz Services set out in the order form for the initial subscription term and subsequently any renewal subscription term(s).
21.5. Late Payments
Overdue charges may accrue late payment interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid. In the event of late payment, we may condition future subscription renewals and Order Forms on payment terms shorter than those specified herein or we may suspend or terminate this Agreement and access to the iKydz Services.
Unless otherwise provided, prices do not include any taxes that may apply, including without limitation VAT or equivalent sales tax, such taxes being your responsibility. If we have the legal obligation to pay or collect taxes for which you are responsible under this clause, the appropriate amount shall be invoiced to and paid by You, unless You provide us with a valid tax exemption certificate authorised by the appropriate taxing authority.
22 Ikydz/Net Protect Service Provision, Security and Support, Suspension
22.1. Service Provision
We use reasonable endeavours to make available to you at all times the iKydz Services but we shall not, in any event except for our own negligence, be liable for interruptions of iKydz Service or down-time. Due to special maintenance, security or capacity issues, and also to some events over which we may not influence (e.g., anomalies in public communication networks, electricity cut offs, etc.), iKydz Services may be temporally suspended or affected by brief anomalies.
You understand that the iKydz Services will be used for transmission of your User Content to the iKydz Services, collected from the Devices associated to the User Account, and that during processing, this User Content, including contact names, email or IM communications, social network activity and other account information, are transferred (encrypted) over the Internet. Currently they are not stored in an encrypted manner, as this would prevent the monitoring and filtering services.
We agree to keep confidential and use best efforts to prevent and protect the User Contents from unauthorised disclosure or use, except when required to disclose such User Content by court of law or public authority.
In addition to monitoring User behaviour at your request and on your behalf in accordance with these terms, which is the one of the objectives of the iKydz Services, you agree to us including optional functional usage tracking capability which allows us to collect, for improving our own iKydz Services, general statistical information about iKydz Service usage. This information is collected by us associated to your Account, but is subsequently processed on an anonymous basis.
We try to provide the iKydz Services 24/7, however due to maintenance, security or capacity issues, and also to some events over which we may not influence (force majeure), the iKydz Services may be temporally suspended or affected. Our support policy is set out www.ikydz.com.
22.6. Technical Requirements
The technical requirements of the iKydz Unit, iKydz Mobile and iKydz Software are set out at www.ikydz.com (in particular, https://www.ikydz.com/system-requirements).