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Subscription Terms & Conditions of Sale

 

This page (together with the documents expressly referred to on it) gives you information about us and the legal terms and conditions (Terms) on which we provide any of the services (Services) listed on our website (our site) to you.

These Terms will apply to any contract between us for the provision of Services to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering anything from our site. Please note that by placing an order, you agree to be bound by these Terms and the other documents expressly referred to in it.

Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.

You should print a copy of these Terms for future reference.

We amend these Terms from time to time as set out in clause 9. Every time you wish to place an order, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms, and any Contract between us, are only in the English language.

WARNING:
THE SERVICES PROVIDED ARE INTENDED TO BE USED AS SAFETY AIDS ALONGSIDE THE APPROPRIATE SAFETY PRECAUTIONS. THEY ARE NOT INDENDED TO REPLACE OR REDUCE THE NEED FOR ADEQUATE SAFETY MEASURES IN YOUR HOME.

1. Information About Us

1.1 We operate the website www.pro-tectalarms.co.uk. We are Secura Management Limited, a company registered in England and Wales under company number 05117142 and with our registered office at Secura House, Victoria Road, Bradford, BD2 2DD. Our VAT number is 845444122.

1.2 To contact us, please see our Contact Us page.

2. Our Services

2.1 We will carry out the Services you have ordered in accordance with the service levels set out in the Monitoring Service Protocols. Before ordering the Services you should read the Monitoring Service Protocols to ensure that you are happy with the level of Services that you are ordering.

2.2 We will supply the Services to you from the date of activation until you cancel the Services as set out in clauses 10 or 17. Until you cancel the Services, we will continue to renew your subscription based upon the payment option you have chosen during the registration process, in accordance with clause 13.

2.3 We will need certain information from you that is necessary for us to provide the Services, for example, the emergency contact details. You will be asked to provide this as part of the registration and activation process. You must ensure that the information you provide is complete and accurate and it is your responsibility to promptly contact us to tell us of any changes to this information.

2.4 Once you have supplied us with the information we require we can set up the Services. We will then send you an email confirming the Services are active. Once we have confirmed to you that the system is active, activation has taken place.

2.5 In the unlikely event of technical problems with the Services, we may have to temporarily suspend the Services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency.

2.6 Should we be unable to continue to provide the Services for any reason, we may suspend or cancel the Services after having given you reasonable notice in writing wherever possible.

2.7 If you are a consumer, we may cancel the Contract for Services at any time with immediate effect by giving you written notice if:

  • You do not pay us when payment is due and you still do not make payment within 14 days of us reminding you that payment is due. This does not affect our right to charge you interest as set out in clause 13.4.
  • You break the contract in any other material way and you do not correct or fix the situation within 14 days of us asking you to do so in writing.

2.8 If you are a business, clause 17 sets out how the Contract may be cancelled.

2.9 You acknowledge that the use of broadband in your premises may have an impact on the effectiveness of the Services.

3. Your Responsibilities

3.1 Our Services will only work if you have purchased the correct products (Products) from our site to use with the Services. Purchase of our Products is subject to our Website Terms and Conditions of Sale for Products. Our site shows which Products you will need for each type of Services, but if you have any questions please contact us before purchasing the Services. Our Services will not work with any other brand of products and by entering into this Contract you confirm that you have purchased the Products that are required for the provision of the Services ordered.

3.2 By entering into this Contract, you confirm:

  • to install and maintain the Products in accordance with any installation instructions and user manuals supplied with the Products;
  • that you have a working landline telephone connection in place at all times whilst you are receiving the Services. If you do not have a landline in place, we will not be able to provide the Services to you;
  • to follow the activation instructions carefully and let us know at once if you become aware of any issues in relation to the Services;
  • that the emergency contact details you have given us are correct and that at least one emergency contact is contactable 24 hours a day. We will not be responsible for any failings of the Services as a result of you giving us the wrong contact details if you fail to update the contact details or if your emergency contacts do not respond;
  • that it is your responsibility to keep all passwords safe. If you think that your password has become known to anyone other than you and your contacts, you should contact us immediately to change your password.

3.3 The Services are an aid to safety and by using them you acknowledge that:

  • use of the Services may not prevent any unlawful entry, fire or accident;
  • our Services are an alert service. Whilst we will make reasonable efforts to notify the relevant people in accordance with our Monitoring Service Protocols we are not responsible for faults or interferences on telephone lines or a slow response from the emergency services or if the emergency services choose not to respond;
  • we cannot guarantee that the Services will be fault free at all times; and
  • we have no knowledge of the value of your property or its contents. Accordingly, damage to your property or death or injury to persons may occur even though we have performed all of our obligations under this Contract. It is your responsibility to maintain suitable insurance cover and security for your property and its contents.

4. Use of Our Site

4.1 Your use of our site is governed by our Terms of Website Use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.

5. How We Use Your Personal Information

5.1 We only use your personal information in accordance with our Privacy Policy. Please take the time to read this, as it includes important terms which apply to you.

6. If You are a Consumer

6.1 You may only purchase Services from our site if you are at least 18 years old.

6.2 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

7. If You are a Business

7.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Services.

7.2 These Terms and any document expressly referred to in it, constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

7.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.

7.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

8. How the Contract is Formed Between You and Us

8.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

8.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 8.3.

8.3 We will confirm our acceptance of your order by sending you an e-mail that confirms that the Services have been activated (Activation Notice) at which point the Contract will come into existence.

9. Our Right to Vary These Terms

9.1 We may revise these Terms from time to time.

9.2 Every time you order Services from us, the Terms in force at that time will apply to the Contract between you and us.

10. You are a Consumer and you want to end your Contract with us

10.1 Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it or when you decide to end the Contract:

  • (a) If the Services you have subscribed to are faulty or misdescribed you may have a legal right to end the Contract or to get the Services repaired or replaced or to get some or all of your money back. For this, please see clause 14.2.
  • (b) If we notify you of any price increases in relation to the Services and you are not happy with these, please see clause 12.2.
  • (c) If you have changed your mind about the Services you may be able to get a refund. For this, please see clause 10.2.

10.2 In relation to the Services you have subscribed to via our site, you have a legal right to change your mind and receive a refund. You can change your mind and will receive a full refund at any time before we send you an Activation Notice. You then have 14 days from the day after we have sent you an Activation Notice. However, to the extent that we have already completed the Services to which you have subscribed, and you agreed to this when ordering, you cannot change your mind, even if the period is still running. If you cancel after we have started with the provision of the Services, you must pay us for the Services provided up to the time you tell us that you have changed your mind.

10.3 If you want to end your Contract with us (including if you have changed your mind), please let us know by doing one of the following:

  • (a) call customer services on 0844 5678460 or email us at customerservices@pro-tectalarms.co.uk . Please provide your name, home address, details of the order and, where available, your phone number and email address.
  • (b) complete the Cancellation Form on our website.
  • (c) print off the Cancellation Form and post it to us at the address on the form. Or simply write to us at that address, including the information required in the form.

10.4 We will refund you the price you paid for the Services by the method you used for payment. However, we may deduct from any refund an amount for the supply of the Services for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.

10.5 If you are exercising your right to change your mind then any refund will be made within 14 days of your telling us that you have changed your mind.

11. No International Delivery

11.1 Unfortunately, we do not provide Services outside the UK. You must not place an order for Services if you do not live in the UK.

12. Price

12.1 The prices of the Services will be the price indicated on the order pages of our site when you place your order with us. We take all reasonable care to ensure that the prices are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Service you ordered, please see clause 12.4 for what happens in this event.

12.2 We reserve the right to increase the price for the Services by giving you at least one month’s notice. However, if you have paid annually in advance, you will not have to pay any additional fees until your next payment is due. If you are a consumer and we notify you to increase the price for the Services, you may contact us to end the Contract before the changes take effect.

12.3 The price includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid in full before the change in VAT takes effect.

12.4 Our site contains a large number of Services. It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. We will normally check prices as part of our activation procedures so that:

  • (a) where the correct price is less than the price stated on our site, we will charge the lower amount;
  • (b) however, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we may end the Contract and refund you any sums you have paid; and
  • (c) if the correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

13. How to Pay

13.1 We accept payment for services by either debit or credit card or by direct debit. You can choose to pay by direct debit by printing out the direct debit form, signing it and returning it to us. We will not activate the Services until we receive a valid direct debit mandate from you.

13.2 Where we are providing Services to you, you can choose to pay either annually or monthly in advance. The Services will automatically renew when your initial term expires until you cancel the Services. If you are a consumer, details on how to cancel the Services and on any refunds you may receive are set out in clauses 10.3 and 10.4. If you are a business, details on how to cancel the Services are set out in clause 17.

13.3 By providing us with your credit card details, you are authorising us to charge your card for the Services each time your subscription is renewed.

13.4 If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of HSBC Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

13.5 If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.

14. If there is a problem with the Services:

14.1 If you have any questions or complaints about the Services, please contact us. You can telephone our customer service team at 0844 5678460 or write to us at customerservices@pro-tectalarms.co.uk or at Secura House, Victoria Road, Bradford, BD2 2DD.

14.2 If you are a Consumer:

  • (a) If you are a consumer, the following is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. Nothing in these Terms will affect your legal rights.
  • (b) We are under a legal duty to supply Services that are in conformity with the Contract. You can ask us to repeat or fix a Service if it was not carried out with reasonable care and skill, or get some money back if we can't fix it.

14.3 If you are a Business

  • If you are a business, we warrant that the Services will be provided using reasonable care and skill.

15. Our Liability if You are a Consumer

15.1 If we fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and s kill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if both we and you knew that they might happen at the time we entered into the Contract.

16. Our Liability if You are a Business

16.1 Nothing in these Terms limits or excludes our liability for:

  • (a) death or personal injury caused by our negligence;
  • (b) fraud or fraudulent misrepresentation; or
  • (c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

16.2 Subject to clause 16.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

  • (a) any loss of profits, sales, business, or revenue;
  • (b) loss or corruption of data, information or software;
  • (c) loss of business opportunity;
  • (d) loss of anticipated savings;
  • (e) loss of goodwill; or
  • (f) any indirect or consequential loss; and
our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £25,000 for any claim or series of claims within a 12 month period.

16.3 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.

17. Cancellation of this Contract if you are a Business

17.1 Without limiting the rights and remedies under this Contract that each of us has, each of us may cancel the Contract by giving at least 1 months' prior written notice.

17.2 Without limiting other rights or remedies you or we may have, each of us may cancel the Contract with immediate effect by giving written notice if:

  • (a) the other commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 30 days of being notified in writing to do so;
  • (b) immediately on written notice if it becomes apparent that the other has become insolvent or has had a receiver, administrator or administrative receiver appointed or applied for or has called a meeting of creditors or resolved to go into liquidation (except for bona fide amalgamation or reconstruction while solvent) or an application is made to appoint a provisional liquidator of the other or for an administration order or notice of intention to appoint an administrator is given or a proposal is made for a voluntary arrangement or any other composition, scheme or arrangement with or assignment for the benefit of any of the other's creditors, or any event analogous to any of the foregoing occurs in any jurisdiction other than England and Wales in respect of the other.

17.3 Without limiting our other rights or remedies, we may cancel the Contract with immediate effect by giving written notice to you if you fail to pay any amount due under this Contract on the due date for payment or and fail to pay all outstanding amounts within 14 days after being notified in writing to do so.

18. Events Outside Our Control

18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 18.2.

18.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of or interference regarding public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

  • (a) we will contact you as soon as reasonably possible to notify you; and
  • (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.

18.4 The Services rely on sending signals via the telephone lines. Occasionally, these signals may be disrupted due to interference on the line. We will not be responsible for any failure to provide the Services as a result of delay or disruption on the telephone lines due to circumstances beyond our control.

19. Other Important Terms

19.1 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

19.3 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

19.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

19.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

19.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction. However, if you are a consumer living in Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a consumer living in Scotland, you may also bring proceedings in Scotland.

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