Please read this document carefully as it will tell you everything you need to know about the terms on which We will deal with each other when you have entered into a contract with Bubblenet Security Limited (company number: 13790342) for Us to supply home security products, monitoring and support packages and other services.
1. DEFINITIONS
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
(a) Agreement: the Order and these Terms entered into by Us and you.
(b) Charges: the Equipment Price and Installation Charge together and the Monthly Service Charge.
(c) Equipment: the equipment to be supplied by Us to you as set out in your Order.
(e) Equipment Price: the price payable by you for the Equipment only, as set out in your Order.
(f ) Event Outside Our Control: is defined in clause 10.1.
(g) Initial Term: the initial minimum duration in relation to the supply of the Monitored Alarm Service to you by Us as set out in your Order.
(h) Installation and Commissioning Service: the installation and commissioning of the Equipment by Us, as set out in your Order.
(i) Installation Charge: the charge payable by you for the Installation and Commissioning Service only, as set in your Order.
(k) Man Guard Service: means the attendance of a guard response unit to your property in the event of an activation of 2 or more zones.
(I) Monitored Alarm Service: the monitoring service ] that We are providing to you during the Term. For the avoidance of any doubt, the monitored services we provide involve the installation of Equipment connected to a monitoring station that will contact you and/or your nominated contacts in the event of the Equipment triggering a security alert or activation.
(m) Monthly Service Charge: the monthly service charge payable by you to Us (which is set out in your Order ) for the Monitored Alarm Service and Support Service during the Term.
(n) Order: means your order with Us for Equipment, Installation and Commissioning Service and/or Monitored Alarm Service placed on Our website.
(o) Order Confirmation: Our written confirmation to you confirming Our acceptance of your Order.
(p) Services: the Installation and Commissioning Service, Monitored Alarm Service and Support Service provided by Us to you.
(q ) Support Service: the support and maintenance service that We are providing to you in respect of the Equipment during the Term as set out in your Order.
(r) Term: the Initial Term and any 30 rolling period after the Initial Term.
(s) Terms: these Standard Terms and Conditions of Supply.
(t) We, Our, Us: mean Bubblenet Security Limited.
(u) you: means you, Our customer, whose details are set out in the Order Confirmation.
1.2 When We use the words “writing” or “written” in these terms this will include e-mail unless We say otherwise.
2. OUR AGREEMENT WITH YOU
2.1 The Agreement sets out the terms on which We supply the Equipment and Services to you.
2.2 Please ensure that you read this Agreement carefully and check that the details in your Order are complete and accurate before you submit your Order to Us through Our website. If you think there is a mistake with your Order after you have submitted it to Us please contact Us (but following this link) to discuss your Order further.
2.3 We are only obliged to provide the Equipment and Services to you once We contact you to confirm We accept your Order at which point a contract will come into existence between you and Us. If We are unable to supply you with the Equipment and Services we will inform you of this as soon as possible and refund any sums you have paid.
2.5 We shall assign a specific reference number to your Order. Please quote this reference number in all subsequent correspondence with Us relating to your Order.
2.6 This agreement supersedes all previous agreements with Us.
3. EQUIPMENT
3.1 The Equipment will be your responsibility from the time it is delivered to your property. You will only own the Equipment once We have received payment in full in respect of the Equipment.
3.2 See clause 7 in relation to your legal rights in respect of Equipment that is faulty or not as described.
4. THIRD PARTY MANUFACTURER’S GUARANTEE OF EQUIPMENT
4.1 The Equipment is tested in accordance with BSEN 50131 requirements.
4.2 The Equipment comes with a manufacturer’s guarantee of 12 months from when the date Equipment the original installation of the Equipment is completed by Us.
4.3 Please note, if you choose to install the Equipment yourself and you damage the Equipment while installing it then any manufacturer’s warranty may be affected and declares null and void by the relevant manufacturer.
4.4 Nothing in the guarantee affects your legal rights in relation to Equipment that is faulty or not as described. A summary of your legal rights can be found in clause 7.
5. OUR GUARANTEE OF EQUIPMENT
5.1 The Equipment is tested in accordance with BSEN 50131 requirements.
5.2 We guarantee that for 12 months after the date of original installation of the Equipment is completed by Us, the Equipment shall be free from material defects. However, this guarantee does not apply in the following circumstances:
(a) where you have installed the Equipment yourself or instructed a third party to install the Equipment;
(b) any defect in the Equipment arising from Wilful damage, abnormal storage or working conditions, accident, negligence or misuse by you or by any third party;
(c) any defect in the Equipment arising from an Event Outside Our Control;
(d) if you fail to operate or use the Equipment in accordance with the use instructions; and
(e) any alteration or repair by you or any third party who is not one of Our authorised repairers.
5.3 Nothing in the guarantee affects your rights in relation to Equipment that is faulty or not as described. A summary of your legal rights can be found in clause 7.
6. SUPPLY OF EQUIPMENT AND PROVISION OF SERVICES
6.1 If you have selected Installation and Commissioning Services when placing your Order We will endeavour to install and commission the Equipment on the estimated installation commissioning date set out in the Order Confirmation. You agree to allow Us or any person authorised by Us (who produces appropriate identification) reasonable access to undertake the Installation and Commissioning Service. Our authorised personnel will usually bring the Equipment with them on the date they attend your property to provide the Installation and Commissioning Service. However We may organise for the Equipment to be delivered directly to you prior to the estimated installation commission date set out in our Order Confirmation.
6.2 We will supply the Monitored Alarm Service and Support Service to you from the actual date of commission of the Equipment until the end of the Term unless you or We end the Agreement before the end of the Term (pursuant to clauses 12 or 13).
6.3 During the Term of this Agreement You agree to:
(a) follow all reasonable instructions given by Us in respect of the Equipment and Services;
(b) provide Us with information that We may request from you that is necessary for Us to provide the Services. We will contact you about this. If you do not, after being asked by Us, provide Us with this information, or if you provide Us with incomplete or incorrect information, We will not be liable for any delay in providing the Services or any non- performance of the Services and We may make an additional charge of a reasonable sum to compensate Us for any extra work that is required as a result;
(c) notify Us promptly of any change to any of the information provided by you to Us, including any changes required to your Order and changes to you your home address;
(d) use the Equipment in accordance with the any operating manual and operating instructions given to you by Us or Our authorised personnel;
(e) keep the Equipment in good repair and condition;
(f) notify Us as soon as you become aware of any defect in the Equipment;
(g) allow Us or any person authorised by Us (who produces appropriate identification) reasonable access to the Equipment for the provision of the Services and the remedying of any defects and if such access is refused We may suspend the Services, with immediate effect until you have allowed Us such access. We will contact you to tell you this;
(h) not allow anyone other than Us or Our duly authorised personnel to reset, alter or carry out any work on the Equipment;
(i) ensure that the WIFI or mobile phone connection at your premises is of sufficient strength for the Equipment to function and that you have a fully functioning electricity supply at any premises where the Equipment is installed. Devices such as doorbells and cameras must have a working WIFI internet connection to operate;.
6.4 If you do not allow Us or Our authorised personnel access to your property to perform the Services as arranged (and you do not have a good reason for this) We may charge you additional costs incurred by Us as a result.
6.5 If you do not pay Us for the Services when you are supposed to, We may suspend the Services with immediate effect until you have paid Us the outstanding amounts. We will contact you to tell you this.
6.6 It is your responsibility to inform Us of any changes that may interfere with the Equipment or Services We provide this includes and is not limited to changes to your broadband supplier, routers or phone point locations, as this will disrupt the service provided to you and you may incur a chargeable call out fee for an engineer to attend and rectify.
7. IF THERE IS A PROBLEM WITH THE EQUIPMENT OR SERVICES
7.1 If you have any questions or complaints about the Equipment or Services, please contact Us using the details set out in clause 14 or the details in the following link [•].
7.2 We are under a legal duty to supply Equipment and Services that are in conformity with this Agreement. See the box below for a summary of your key legal rights in relation to the Equipment and Services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This 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. In respect of Equipment, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
a) Up to 30 days: if your item is faulty, then you can get a refund.
b) Up to six months: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back.
In respect of Services, the Consumer Rights Act 2015 says:
a) You can ask Us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if We can’t fix it.
b) If you haven’t agreed a price upfront, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time upfront, it must he carried out within a reasonable time.
7.3 If you wish to exercise your legal rights to reject Equipment you must allow Us to collect it from you.
8. PRICE AND PAYMENT
8.1 You will pay to Us the Charges for the Equipment and the Installation and Commissioning Service (if selected by you) and any delivery charges (if applicable) when We accept your Order. The Charges and any applicable delivery costs are set out in your Order.
8.2 You will pay to Us the Monthly Service Charge for the Monitored Alarm Service and Support Service either on a monthly basis as monthly payments over the Term or upfront in one lump sum at the beginning of the Term (equivalent to the agreed Term multiplied by the Monthly Service Charge), depending on the payment option you select when you submit your Order to Us. If you are paying the Monthly Service Charge on a monthly basis, the first Monthly Service Charge payment will be payable by you on the date set out in our Order Confirmation or, if not specified, 30 days after the date of the Order Confirmation and on the same date of each month thereafter until this agreement expires or is terminated.
8.3 The Charges and Monthly Service Charge include VAT. If the rate of VAT changes between the date of the Agreement and the date We supply the Equipment and/or Services, We will adjust the rate of VAT that you pay unless you have already paid in full before the charge in the rate of VAT takes effect.
8.4 Payment for the Charges can be made by credit card, debit card, bank transfer, standing order or direct debit.
8.5 We will consider appropriate legal action should you fail to make the agreed payments to recover any debt due to Us and to recover Our reasonable costs in respect of recovery of such debt from you. This may include suspending the supply of Services until you have paid the outstanding amounts. We will contact you to tell you if We are suspending the Services.
9. OUR LIABILITY TO YOU
9.1 If We fail to comply with the terms of this Agreement, We are responsible for loss or damage you suffer if they were obvious or foreseeable consequences of Our breach of this Agreement or Our failure to use reasonable care and skill.
9.2 We will not be liable for any delay in the provision of any Services which is caused by you.
9.3 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of your legal rights in relation to the Equipment and Services (as summarised in clause 7); and
(e) defective products under the Consumer Protection Act 1987.
9.4 We will make good any damage to your property caused by Us in the course of providing the Services to you. However, We are not responsible for the cost of repairing any pre-existing faults or damage to your property that We discover in the course of providing and Services. Please note, delivery of the Installation and Commissioning Service may involve drilling holes in your property or minor damage to décor at your property.
9.5 The Support Service does not include and We will not be liable for any defect (nor any work required to remedy such defect) arising as a result of wilful damage, abnormal storage or working conditions, accident, negligence or misuse by you or by any third party, or as a result of you failing to operate or use the Equipment in accordance with the user instructions or as a result of any alternation or repair by you or any third party who is not one of Our authorised repairers.
9.6 We only supply the Equipment and Services for domestic and private use. If you use them for any commercial, business or re-sale purpose We will have no liability to you for any loss of profit, loss of business, business interruption, wasted costs or loss of business opportunity. If you are a commercial customer then please contact us so we may discuss your requirements with you.
9.7 The Equipment and Services are provided to help assist in deterring intruders to your property and to protect your property, but We do not make or give any promises or guarantees that the Equipment and Services provided will prevent loss of or damage to property or injury to persons caused by burglary, theft or otherwise.
10. EVENTS OUTSIDE OUR CONTROL
10.1 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, lightening, explosion, storm, flood, freezing weather conditions, earthquakes, subsidence, epidemic or other natural disaster, failure of electricity, water or gas supply or failure of public or private telecommunications networks.
10.2 If an Event Outside Our Control takes place that affects the performance of Our obligations under this Agreement.
(a) We will contact you as soon as reasonably possible to notify you and We will take steps to minimise the effect of the delay;
(b) Our obligations under this Agreement 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 Equipment to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over;
(c) We will not be liable for delays caused by the Event Outside Our Control; and
(d) if there is a risk of substantial delay you may contact Us to end the Agreement and receive a refund for any Equipment and/or Services which you have paid for but not received.
11. YOUR RIGHTS TO END THE AGREEMENT
11.1 Your rights when you end the Agreement will depend on whether there is anything wrong with the Equipment or Services, how We are performing and when you decide to end the contract:
(a) if what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Equipment repaired or replaced or a Service re-performed or to get some or all of your money back), see clause 7;
(b) if you want to end the Agreement because of something We have done, see clause 11.2;
(c) if you have just changed your mind, see clauses 11.3 through to 11.5 and clause 12. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.
11.2 If you are ending the Agreement for a reason set out at (a) or (b) below the Agreement will end immediately and We will refund you in full for any Equipment and/or Services which have not been provided. The reasons are:
(a) there is a risk that supply of the Equipment and/or Services may be significantly delayed because of an Events Outside Our Control; or
(b) you have a legal right to end the Agreement because of something We have done wrong.
11.3 Due to the way in which you have entered into the Agreement with Us (under the law, this is called ‘off-premises’ or ‘distance’), you have a legal right to change your mind within 14 days after the day the Agreement is entered into between Us and you and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
11.4 You do not have a right to change your mind in respect of Services, once these have been completed, even if the cancellation period is still running.
11.5 You have 14 days after the day the Agreement is entered into between Us and you to change your mind. However, once We have completed the Services you cannot change your mind, even if the period is still running. If you cancel within the 14 day cooling-off period and after We have started the Services, you must pay Us for the Services provided up until the time you tell Us that you have changed your mind.
11.6 You may end your agreement with Us in relation to the supply of the Monitored Alarm Service at any time after expiry of the Initial Term on providing a minimum of 30 days written notice to Us.
12. HOW TO END THE AGREEMENT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
12. If you are ending the Agreement with Us during the 14 day cooling-off period, because you have changed your mind then you can contact Us to cancel the Agreement using the details set out in clause 14.2 below or you can complete the ‘Model Cancellation Form’ set out at the end of these Terms and post or email it to Us using the details set out in clause 14.2 or the following link [•].
The Model Cancellation Form can also be found on Our website and you can also complete it online if you want to.
12.2 If you end the Agreement during the 14 day cooling-off period and after the Equipment has been dispatched to you or you have received it, and You must:
- if the Equipment was installed by Us, allow Us to collect it from you within the United Kingdom at our cost; or
- if the Equipment was not installed by Us, return it to us at your own cost within 14 days of your telling us you have changed your mind.
We will pay for the collection costs of the Equipment.12.3 If you are due to a refund following you ending the Agreement, We will refund you the price you paid for the relevant Equipment and/or Services by the method you used for payment. However, We may make deductions from the price, as described below.
12.4 If you are exercising your right to change your mind during the 14 day cooling-off period:
(a) in respect of Equipment, if you handle the Equipment in a way which would not be acceptable in a shop, We may reduce your refund, to compensate Us for its reduced value. For example, We reduce your refund if the Equipment’s condition is not “as new”, security seals have been opened or broken, the branded packaging is damaged or any accessories are missing. In some cases, because of the way you have treated the Equipment, no refund may be due. If We refund you the price paid before We are able to inspect the Equipment and later discover you have handled it in an unacceptable way, you must pay Us an appropriate amount.
(b) In respect of Services, 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 Agreement.
12.5 If you are exercising your right to change your mind during the 14 cooling-off period then your refund will be made within 14 days of your telling Us you have changed your mind.
13. OUR RIGHTS TO END THE CONTRACT
13.1 We may end the Agreement at any time by writing to you if:
(a) you do not make any payment to Us when it is due and you still do not make payment within 7 days of Us writing to you to remind you that payment is due;
(b) you do not, within a reasonable time of Us asking for it, provide Us with information that is necessary for Us to provide the Equipment and/or Services;
(c) you break this Agreement in any material way and you do not correct or fix the situation within 28 days of Us asking you to in writing.
13.2 If We end the Agreement in the situations set out in clause 13.1 We will refund any money you have paid in advance for the Equipment and/or Services We have not provided but We may deduct or charge you reasonable compensation for the net costs We will incur as a result of your breaking the Agreement.
13.3 We may write to you to let you know that We are going to stop providing Services. We will try to let you know at least 1 month in advance of Our stopping the supply of the Services and will refund any sums you have paid in advance for Services which will not be provided.
14. INFORMATION ABOUT US AND HOW TO CONTACT US
14.1 Bubblenet Security Limited is a company registered in England and Wales. Our company registration number is 13790342 and Our registered office is at Serenity House, 31 Gate Lane, Boldmere, Sutton Coldfield, B73 5TR.
14.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by:
(a) telephoning Our customer service team on 0330 0240 203
(b) writing to Us at Bubblenet Security Limited, Serenity House, 31 Gate Lane, Boldmere, Sutton Coldfield, B73 5TR; or
(c) e-mailing Us at info@bubblenet.co.uk
14.3 If you wish to contact Us in writing, or if any clause in this Agreement requires you to give Us notice in writing (for example, to cancel the contract) you can, unless stated otherwise within this Agreement, send Us an e-mail or write to Us at the address provided in clause 14.
14.4 If We have to contact you or give you notice in writing, We will do so by e-mail or by writing to you at the address you provide to Us when placing your Order.
15. OTHER IMPORTANT TERMS
15.1 We may transfer Our rights and obligations under this Agreement to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under this Agreement.
15.2 If you move from the property at which the Equipment is installed:
(a) and decide to leave the Equipment at the property you may transfer the benefit of the guarantees to purchaser of your property subject to you notifying Us of the change of ownership and the new owner entering a contract with us for the provision of a Monitored Alarm Service;
(b) and wish to transfer the Equipment and Services to your new home We will charge a transfer fee of £199 for removal and reinstallation.
15.3 (Save as set out at clause 15.2) you may only transfer your rights and your obligations under this Agreement to another person if We agree in writing.
15.4 This Agreement is between you and Us. No other person shall have any rights to enforce any of its terms. (However, the purchaser of your property will have the benefit of the remaining period of the guarantees referred to in clause 4 and 5 above if you transfer it to them pursuant to clause 15.2(a), but We and you will not need their consent to cancel or make any changes to the terms of this Agreement).
15.5 Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decided that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.6 If We do not insist immediately that you do anything you are required to do under these Terms, or if We delay in taking steps against you in respect of your breaking this Agreement, that will not mean that you do not have to do those things and it will not prevent Us taking steps against you at a later date.
15.7 This Agreement is governed by English Law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
16. PRIVACY POLICY
We only keep your personal data for as long as is necessary to serve the purposes We collected it for, including fulfilling any services, legal, accounting or reporting requirements.
We may share some of your details with third parties We work with to provide the Monitored Alarm Service to you.
For more information please visit
www.bubblenet.co.uk/privacy-policy-2
The Equipment supplied by Us may allow you to access and monitor the Equipment remotely on a mobile device, personal computer and/or tablet (Device). To access this feature you may be required to download and install third party software on your Device and you will be required to accept the terms and conditions of such third party at the time of installing their software on your Device.
