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Terms And Conditions

Schedule of Services – Keyholding & Alarm Response 

For the duration of the Agreement the Company w ill provide the following Services in accordance with the recommendations outlined in BS 7984  and BS 7858 in respect of the Premises: 

  1. The Company w ill provide the service 24 hours each day for every day of the year, including bank and public holidays for w hic h double the  normal charge w ill be made except for Christmas Day, Boxing Day and New Year’s Day w here a treble time charge w ill apply. Unless  specified otherwise on the agreement.

  2. The Company is obligated to maintain the utmost confidentiality with respect to information obtained whilst fulfilling the Agreement.

  3. The Company w ill hold such keys or other means of access and alarm information as shall be provided by the Customer, in a secure area  and shall promptly notify the Customer if for any reason the Company loses possession of the keys or other means of access to the Premises.

  4. The Company w ill provide a warning sign stating that the Premises are protected by the Company.

  5. The Company w ill provide a call out facility and, on being notified of an alarm activation or insecurity at the Premises, w ill promptly despatch  a security officer with means of access to the premises.

  6. The Company w ill endeavour to respond as soon as possible once a call has been received regarding an activation. No guarantee can be  given for response times as all attendances w ill be governed by factors beyond the Company’s control such as road and weather conditions  or availability of staff as specified within BS 7984. Customers are reminded that this is a shared service.

  7. When responding to the intruder alarm on arrival at the Premises the security officer will conduct thorough external and internal security  checks and w ill silence the alarm if applicable.

  8. Where the intruder alarm system has been configured for customer reset or can be remotely reset in conjunction with the alarm receiving  centre and the alarm receiving centre authorises the Company to reset the system and, in the reasonable opinion of the Company, no breach  of security has occurred, the alarm w ill be reset and the Premises secured. Where for any reason the intruder alarm system requires engineer  reset or if the activation is the second to have been caused by the same detection device within a period of 24 hours, the Company w ill make  arrangements for a representative of the appropriate alarm company to attend the Premises as soon as possible without seeking authority  from the Customer.

  9. Where the Agreement provides, the security officer will remain at the Premises until such time as the intruder alarm is satisfactorily reset. In  all other instances the Premises w ill be secured and a security officer will return by arrangement to provide access for the intruder alarm  company’s representative. In these circumstances an additional attendance charge w ill be incurred.

  10. In the event of any breach in security such as break-in or burglary, the relevant Police Authority will be notified and on their advice the premises  w ill be made secure either by boarding-up or glazing. The Customer w ill be responsible for the cost of such boarding-up or glazing. Where  possible the Customer or the Customer’s nominated representative w ill be notified of such breach in security and advised of the subsequent  action taken by the Company.

  11. All endeavours w ill be made to leave the Premises in a secure and alarmed condition, but in circumstances where neither is possible, the  security officer will remain at the Premises until such time that either or both conditions can be reasonably achieved. If appropriate, a detailed  report of the Company’s attendance w ill be emailed to the Customer.

  12. All means of access to the Customer’s premises held by the Company (e.g. keys, cards etc) w ill remain the property of the Customer at all  times and w ill be immediately surrendered to the Customer on written authority.

  13. On termination of contract any keys or other such means of access held by the Company which remain unclaimed w ill be retained by the  Company for a period of three months. After this period, they will be stripped of any possible identification and defaced in such a way to make  them inoperable before being disposed of.

  14. The Company cannot enter into any commitment which would involve assuming the powers of the civil police.

  15. It w ill be the responsibility of the Customer to ensure that the Company is notified immediately of any changes to the security of the Customer’s  premises which could affect the proper execution of the Keyholding Service.

  16. Where customers subscribe to an all-inclusive service and there is a requirement for a permanent security presence to remain on-site after  the included hours this would be chargeable at £ 27.50 per hour.

  17. Free lock change on Platinum service level includes one lock change per annum following a break-in (a police URN required) limited to  standard locks and the main access door only. Suited locks, security keys and master keys are not included. Work w ill be carried out by our  approved locksmith and conducted within normal office hours.

  18. Boarding up w ill be carried out by our approved contractor. 
  19. The annual retainer applies for each individual alarm that can be set, unset and activated independently of any other alarms.

  20. Where speech diallers are used to alert our control centre of activations this is subject to third party phone lines working effectively and the  message being clear and audible.

  21. The Gold and Platinum service levels are inclusive of all call outs but are subject to a fair usage policy and excessive activations may be  chargeable if remedial action is not taken by the Customer.

  22. When responding to fire alarms on arrival at the premises, our officers will conduct an external patrol of the building and w ill only enter if there  are no obvious signs of fire. Upon entry the Company only go as far as the fire panel and w ill not perform a full internal patrol. The Company are not responsible for any additional or extra damaged caused by entering the building or opening any doors.

  23. If on entry the fire alarm panel is showing a fire signal, the Company w ill leave the building and call the fire service. We w ill not investigate  further.

  24. If the panel is showing a fault, the Company w ill attempt to reset the panel, assuming prior approval to do so has been given at survey.  How ever, if the panel w ill not reset the Company w ill then contact the emergency contacts for further advice. In the event that w e are unable  to contact anyone w e will secure the building and leave.

  25. Our Security Officers who attend fire alarm activations are neither equipped nor trained to identify signs of fire that may not be immediately  obvious.

  26. All services are subject to a surveyor validating information given by the customer at point of sale. We retain the right amend, refuse or re quote based on any information learnt at survey.

RMR 6101 CONTROLLED DOCUMENT Issue 8 (11/20) 

  1. The obligation of the Customer to satisfy themselves that if an external key safe storage facility at the Customer premises is to be used that  this method of storage is acceptable to their insurers.  

Terms and Conditions 

  1. Definitions 

1.1. ‘Customer’ means the person w ho buys or agrees to buy the Goods from the Company 

1.2. ‘Conditions’ means the terms and conditions of Service set out in this document and any special terms and conditions agreed in w riting by  the Company 

1.3. ‘Goods’ means the service and/or attendance visit w hich the Customer agrees to buy from the Company 1.4. ‘Price’ means the price of the Goods excluding VAT or the cost of the Attendance Visit 

1.5. ‘The Company’ means the person w hose name appears as ‘The Company’ overleaf or as the Letter heading 1.6. ‘The Premises’ means the Site Address as defined overleaf 

  1. Conditions Applicable 

2.1. These Conditions shall apply to all contracts for the sale of Goods by the Company to the Customer and any Service carried out by the  Company for the Customer to the exclusion of all other terms and conditions including any terms and conditions w hich the Customer may  purport to apply under any purchase order, confirmation of order, or similar document 

2.2. All orders for Goods or Service shall be deemed to be an offer by the Customer to purchase Goods or Service pursuant to these Conditions 2.3. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Customer’s acceptance of these Conditions 

2.4. Any variation to these Conditions (including any special terms and conditions agreed betw een the parties) shall be inapplicable unless  confirmed in w riting by the Company 

2.5. We reserve the right to use a SIA Approved service partner should the service address not fall w ithin a reasonable radius of our existing  operating area 

2.6. The annual retainer applies for each individual alarm that can be set, unset and activated independently of any other alarms 3. The Price and Payment 

3.1 The Price shall be the Company’s quoted price or the price set out overleaf w hich will be held for 30 days from the date of quotation. The  Price is exclusive of VAT which shall be due at the rate ruling on the date of the Company’s invoice 

3.2 Interest on overdue invoices shall accrue from the date w hen payment becomes due from day to day until the date of payment at a rate of  2% above Barclays Bank plc base rate from time to time in force and shall accrue at such a rate after as w ell as before any judgement 

3.3 After the first twelve calendar months the Company w ill be entitled to increase its charges by 3% and at every anniversary date thereafter.  Any increase above 3% w ould be subject to thirty days’ notice and agreement by both the Customer and the Company 

3.4 The Keyholding Retainer w ill be paid annually in advance, and all subsequent call-out and attendance charges w ill be payable on receipt  of the relevant invoice 

3.5 Cancellation charges: if the service is cancelled with less than 48 hours’ notice of the commencement date a charge of 50% of the total  charge for the period w ill be made 

  1. The Goods 

4.1. The description of the Goods shall be as set out in the Company’s Schedule of Services or Agreement 

  1. Schedule of Services 

5.1. The Goods shall be supplied in accordance w ith the description contained in the Company’s Schedule of Services in accordance w ith all  applicable British Standards w hich relate specifically to the Goods 

5.2. The Company may from time to time make changes in the Schedule of Services which are required to comply w ith any applicable safety or  statutory requirements or w hich do not materially affect the quality or fitness for purpose of the Goods 

  1. Warranties and Liability 

6.1. The Company w arrants that the Goods w ill at the time of delivery correspond to the description given by the Company. Except w here the  Customer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12) all other w arranties, conditions or terms  relating to fitness for purpose, satisfactory quality or condition of the Goods and w hether implied by statute or common law or otherwise are  excluded 

6.2. In the event of any breach of this contract by the Company the remedies of the Customer shall be limited to damages. Under no  circumstances shall the liability of the Company exceed £1,000,000 (one million pounds)

RMR 6101 CONTROLLED DOCUMENT Issue 8 (11/20) 

6.3. The Customer is advised that the Keyholding and Mobile Patrol Services provided by the Company are shared w ith other Customers and  as such may be subject to delays if employees of the Company are engaged in dealing w ith incidents at other Customer’s premis es 

  1. Customer’s Obligations 

The Customer: 

7.1. shall give the Company access to the Customer’s premises at all reasonable times in order to carry out the Service; 

7.2. shall ensure that the Premises constitute a safe working environment and, without prejudice to the generality of that description, the premises  are free from hazards due to defective structure or means of access, or the presence of obnoxious, toxic, combustible, explosive, or  radioactive substances; 

7.3. shall identify and consult w ith the Company on any specific health and safety issues that are likely to arise during the period of the contract; 7.4. shall ensure that the Company holds at all times a current telephone number for the Customer or nominated representative; 7.5. shall ensure that valid liability insurance is in force in respect of the Premises 

  1. Duration 

8.1. This Agreement shall commence on the date specified overleaf and shall continue for the minimum period and thereafter until terminated  as set out in Paragraph 9 below 

8.2. The minimum periodshall be one year from the commencement date 

  1. Termination 

9.1. the customer commits a material breach of its obligations under these Conditions; or 

9.2. fails to make payments due to the Company w ithin agreed credit terms; and 

9.3. in any such case fails to remedy that breach or make payment w ithin seven days of posting by recorded delivery of a w ritten notice by the  Company, the Company may, at its discretion, suspend all Services to the Customer 

9.4. If the Customer fails to remedy the breach or make payment w ithin 30 days of the date of notice served under Condition 9.5. the Company may terminate all services to the Customer under these Conditions on such terms as it may think fit 

9.6. The services shall remain in force for a minimum period of tw elve months and thereafter from year to year unless or until either party  terminates the services by one month’s previous notice in w riting to the other expiring on the first anniversary of the date of commencement  recorded in the contract or any succeeding anniversary date thereafter 

  1. Proper Law of Contract 

10.1.This contract is subject to the law s of England & Wales 

10.2.All disputes arising out of this contract shall be subject to the jurisdiction of the courts of England & Wales 11. Headings 

11.1.All headings are for ease of reference only and shall not affect the construction of this contract 

  1. Severance 

12.1.Any provision of this contract w hich is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed  severable and shall not affect any other provisions of this contract 

  1. Waiver 

13.1.Waiver or forbearance by the Company (w hether express or implied) in enforcing any of its rights under this contract shall prejudice its right  to do so in future 

  1. Force Majeure 

14.1.Neither party shall be liable for any default due to any act of God, w ar, strike, lockout, industrial action, fire, flood, drought, tempest or other event beyond the reasonable control of either party 

14.2.Where the Company deems it necessary to telephone one of the emergency contacts provided by the customer no more than one call w ill  be made to each. Where the emergency contact/s is / are not available in person and there is a message recording facility on their telephone  line, it shall be sufficient to relay information to that persons answering machine. An email w ill also be sent to the w e have as the main point  of contact.

RMR 6101 CONTROLLED DOCUMENT Issue 8 (11/20)

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