TERMS AND CONDITIONS OF AGREEMENT
(SELF INSTALL CUSTOMERS)
INTRODUCTION
Please read these Terms and Conditions closely because they contain important information about the Equipment and Subscription Services which you may wish to order and which we may agree to supply, our respective rights and obligations including the automatic renewal of any Subscription Services that you may elect to purchase.
If you do not agree with these terms and conditions, please do not purchase or use any of the Equipment or Subscription Services.
How the Agreement comes into existence and operates
These Terms and Conditions, together with the Order Form, sets out the contractual arrangements between you and us regarding our obligations and responsibilities to supply the Equipment and the Subscription Services which are listed in your Order Form together with your obligations and responsibilities regarding the purchase and use of such Equipment and Subscription Services (the “Agreement”).
This Agreement shall be legally binding on you and us from the time that we accept your Order by sending you an Order Confirmation. Abode is a trading name in the UK for Kings Security Systems Limited with whom you are contracting. The Equipment and the Subscription Services that we will provide to you are provided in conjunction with Abode Systems Inc to whom we may sub-contract certain of our obligations.
You should keep a copy of this Agreement and the Order Confirmation for your own records.
You are responsible for your own actions in connection with your use of the Equipment and the Subscription Services along with the actions of any other person who you allow to use the Equipment and/or the Subscription Services.
If you have subscribed to our Subscription Service, the Subscription Services will commence and you will be charged the Subscription Charges from the date on which you download the App and complete the set up of your Account (“Subscription Services Commencement Date”). The Agreement will continue until it is terminated by you or us. The subscription services can be cancelled at any time via the Abode App or via your myabode account available at goabode.co.uk. If you terminate during a calendar month, you will not be entitled to a refund in respect of the Subscription Charges for the month in which you terminate. If you have chosen to pay the Subscription Charge annually in advance, you will not be entitled to any refund if you terminate partway through the year.
You can change the Subscription Service you wish to receive at any time, by following the procedure set out in the App or via your myabode account available at goabode.co.uk
You are responsible for the installation of the Equipment. The Equipment is provided for internal use unless it is expressly stated on the Equipment or its packaging that the Equipment can be used externally.
The Subscription Services are regularly developed and updated and sometimes it will be necessary for us to make changes to this Agreement regarding the ongoing provision of the Subscription Services. If this becomes necessary, we will make reasonable efforts to notify you by placing a notice on our website, by notifying you through the Subscription Service, by sending you an email or by some other means. By continuing to use the Subscription Service after any such changes, you are expressing your acknowledgement and acceptance of the changes.
We reserve the right to suspend or discontinue any part of the Subscription Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Subscription Services to reflect our legal responsibilities and/or current market practice. Similarly, we reserve the right to remove any Content from the Subscription Service at any time, for any reason, in our sole discretion, and without notice.
We may also terminate (or suspend access to) your use of the Subscription Services immediately and without notice if we have reason to believe that your use of the Subscription Service is in breach of this Agreement.
Definitions and interpretation
This Agreement prevails over any prior or contemporaneous, conflicting or additional communications between you and us.
When the following words with capital letters are used in these Terms and Conditions and the Order Form, this is what they mean:
Term | Definition |
Account | Means the Customer’s subscription account for the App and for their myabode account |
Agreement | the Order Form and these Terms and Conditions. |
App | means the software application made available by us for us in conjunction with the Equipment, as such application may be updated or amended from time to time. |
Call List | the list of individuals who you set out in the Order Form as being the individuals who we should attempt to contact in the event that we need to communicate any alerts to you and/or such persons in connection with a feature of the Subscription Services. |
Company / us / we | Kings Security Systems Ltd, a company registered in England and Wales with company with company registration number 01008045 and its registered offices at 4 St Dunstans Technology Park, Bradford, West Yorkshire BD4 7HH trading as Kings Secure Technologies |
Customer / you | any person who enters into this Agreement as set out in the Order Form. |
Customer’s Premises | the address of the Customer as set out on the Order Form. |
Effective Date | the date on which we send you an Order Confirmation. |
Equipment | any burglar alarm, fire alarm or other equipment or device provided by the Company under this Agreement as more particularly set out in the Order Form. |
**Event Beyond Our Control ** | any event affecting the performance by the Company of its obligations under this Agreement arising from or attributed to acts, events, omissions or accidents which are beyond the reasonable control of the Company including (but not limited to) any abnormal inclement weather, flood, lightning, storm, fire, explosion, earthquake, subsidence, structural damage, epidemic, pandemic or other natural physical disaster, failure or shortage of power supplies, war, military operations, riot, crowd disorder, vandalism, arson or criminal damage to the installed Equipment, terrorist action, civil commotion, refusal of the police, fire or other authorities to accept notification of the receipt of any alarm signal and any legislation, regulation, ruling or omissions (including, without limitation, failure to grant any necessary permissions) of any relevant government, court or authority. |
Monitoring Services | the monitoring services provided to the Customer as set out on the Order Form and the App. |
Monitoring Station | The Company’s site from which the Monitoring Services are provided and currently situated is at Kings Secure Technologies group company, Cougar Monitoring Limited, Kings Technology Centre, Unit 1-2 Sapcote Trading Centre, Powke Lane, Cradley Heath, B64 5QR or at such other premises of which the Company shall notify the Customer from time to time. |
Month | a calendar month. |
Order | any order that you place with us for any of the Equipment and, if applicable, any Subscription Services. |
Order Confirmation | any confirmation that we may send to you after receiving your Order to confirm that we accept your Order. |
Order Form | the Company document which contains your details and details of what is being provided to you by us together with any other necessary additional information. |
Subscription Charges | the charges payable by the Customer to the Company in respect of the Subscription Service as more particularly set out in the shopping basket and the App and as updated by the Company from time to time. |
Subscription Services | means the services that may be provided by the Company as more particularly set out in your shopping basked and the App |
Subscription Services Commencement Date | the date from which the Company will start to provide the Subscription Services as more particularly described in clause 1.5. |
Term | the period beginning on the Subscription Services Commencement Date and continuing until cancelled by wither party in line with this agreement |
Warranty | has the meaning given in clause 11.3. |
Any reference to a clause is to a clause in these Terms and Conditions.
The headings for each of the clauses in these Terms and Conditions are included for ease of reading and have no legal effect.
Where the words "writing" or "written" are used in the Agreement, this includes, without limitation, e-mail.
How to contact us and how we may contact you
You can contact us by telephoning our technical support team at 0330 678 1105 or by writing to us at Abode Customer Services, c/o Kings Security Systems Ltd, 4 St Dunstans Technology Park, Bradford, West Yorkshire BD4 7HH or by email to Support@goabode.co.uk or Enquiries@goabode.co.uk
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address set out in the Order Form.
Cancellation by you if you change your mind
Cancellation within the 14-day cancellation period
You have a legal right to cancel the Agreement for any reason (including if you change your mind) during a 14 day cancellation period that will end (i) (in respect of your purchase of Equipment) 14 days after the day on which you receive the Equipment except that if you have ordered Equipment in multiple parts, the Cancellation Period will end 14 days after the day on which you receive the last of the Equipment; and (ii) in respect of Subscription Services, 14 days after the Subscription Services Commencement Date (the “Cancellation Period”).
To exercise the right to cancel during the Cancellation Period, you must inform us of your decision to cancel the Contract by a clear statement (i.e.. a letter sent by emailto support@goabode.co.uk [ or by using the process for cancelling an order as set out on the app/the www.goabode.co.uk website]). You may use the model cancellation form (see Annex A), but this is not compulsory.
To meet the cancellation deadline, it is sufficient for you to send your cancellation statement before the Cancellation Period has ended.
Effect of cancellation
If you have a right to cancel, and do cancel, the Agreement within the 14 day Cancellation Period, we will reimburse to you all payments received from you in respect of the relevant Equipment or Subscription Services subject to the following:
you must return the Equipment to us. The cost of returning the Equipment must be paid by you (except if the goods are faulty – see clause 11). You must send us the Equipment without undue delay and, in any event, within 14 days of telling us you wish to end the Agreement (otherwise we may legitimately refuse to reimburse you);
if any Equipment returned to us has been used or damaged, we may deduct an amount equal to the loss in value of the Equipment. In some cases, the amount deducted may be equal to the full price of the Equipment; and
we will not be required to reimburse any additional sum charged to you for a more expensive method of delivery than the standard delivery method offered by us.
In respect of the Subscription Services, if you cancel the Agreement during the Cancellation Period, you will be required to pay us an amount which is proportionate to the services that we have performed up until you have informed us of your wish to cancel the Agreement.
We will make any repayment due under clause 4 without undue delay, and not later than 14 days after we are informed about your decision to cancel the Agreement or, if your order is for Equipment, 14 days after the day on which we receive the Equipment from you (or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us).
We will make the repayment using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the repayment.
Please note that if you decide to retain the Equipment whilst cancelling the Subscription Service, the Equipment will retain only the most basic functionality to allow for the setting and un-setting the alarm function. You will not have any access to the App and you will not be able to receive any Subscription Services.
Supply of Equipment
The costs of delivery will be as displayed to you on the Order Form.
You are responsible for the installation of the Equipment. Our guidelines on installation and operation of the Equipment are set out at goabode.co.uk/support or as provided in the box with the Equipment.
We will deliver the Equipment to you as soon as reasonably possible and you can expect delivery within 10 days after the day on which we accept your order.
If our supply of the Equipment is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Agreement and receive a refund for any Equipment you have paid for but not received.
The Equipment will be your responsibility from the time we deliver the Equipment to the address you gave us. You own Equipment once we have received payment in full for the Equipment.
Subscription Services and Monitoring
Subscription Services
The Subscription Services which are to made available by the Company to you are as set out in the Order Form at the time of ordering online, details of which can be viewed via the App and in your myabode account. You can change your Subscription Service package at any time by following the instructions in the App or from your myabode account . If you change Subscription Service package during a Month and there is a difference in the price of the two packages, the amount you pay will be pro-rated to reflect this.
Should a system generate excessive false alarms, the Company has the right to isolate the offending zone(s) and will report this to you Only once the fault has been resolved to our satisfaction will the Company reinstate the Subscription Service to the relevant zone(s). It is your responsibility to inform us of any repairs to your system.
Our right of disclosure: The Company shall have the right to disclose to the police force, fire service or other relevant authorities or to any insurance company or any party acting on behalf of such company, details of all records kept by us relating to any alarm signals received by us from the Equipment at any time during the provision of any of the Subscription Services. This is in accordance with clause 16 (Use of your personal information).
Monitoring Service
If you have asked us to provide a Monitoring Service as part of the Subscription Services, this will include the following services:
the recording of any alarm signals received at the Monitoring Station from alarm equipment or devices of the Customer;
monitoring of video images when, in the Company’s sole and absolute discretion, an alarm signal clearly and conspicuously reveal the necessity for monitoring services y or when voice communication requesting assistance is received by the Company from you or from the Premises.
You can subscribe to our Monitoring Service on a pay as you go basis (“PAYG Monitoring”) on a daily basis. If you subscribe to PAYG monitoring you can cancel this service at any time; however, you will be charged for each day on which we provide any PAYG Monitoring even if you cancel part way through that day.
If you have other smart devices which may be linked to the Equipment, we will not provide a Monitoring service in respect of signals delivered by those other smart devices and we are no responsible for any such signals from third party smart devices.
Content and Intellectual Property
You acknowledge and agree that all rights (including intellectual property rights) in the Equipment and the Subscription Services (including all software, hardware, firmware, codes, signals used in connection with the operation of the Equipment and/or the provision of the Subscription Services) and all information and documentation provided to you in connection with, the use of the Equipment and/or the Subscription Services (collectively, the "Company IP") are the sole and exclusive property of Company or its subcontractor(s) or licensor(s) and you have no rights whatsoever in any of the Company IP save where expressly stated in this Agreement.
You are responsible for the installation and operation of the Equipment and you are responsible and will own all content (including audio and video) which is recorded or captured by the Equipment (“Content”). You agree that you will not record, capture or distribute any Content or otherwise use the Services or Equipment or interact with the Services or Equipment in a manner that:
infringes or violates the intellectual property rights or any other rights of anyone else (including us);
violates any law, ordinance, or regulation, including privacy , data protection and other laws and any applicable export control laws;
is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
violates the security of any computer network; or
copies or stores any significant portion of the Content.
You will not use the Content for any purpose other than [home security monitoring]. You will not make any Content available to third parties unless expressly agreed with the Company in advance. You will not upload any Content to any social media platform or video sharing platform.
You grant the Company a perpetual freely transferable non-exclusive licence to use the Content in order to provide the Services and Equipment to you and for the purposes of crime prevention. You must ensure that all Content is compliant with all applicable laws included data protection laws. You acknowledge that we have the right to disclose any of your Content to law enforcement or other government bodies in our absolute discretion.
The Company grants you a limited, non-transferable, non-exclusive right to access and make personal and non-commercial use of the Equipment and Services in accordance with the terms of this Agreement and for the Term of this Agreement.
Care of Equipment
It is in the Customer’s interest to operate and treat the Equipment with all reasonable care and in a manner designed to preserve it in a full proper and efficient working order. You should follow any instructions issued verbally or in writing by the Company. If you are unsure as to any instructions that have been given, or that you believe should have been given, please contact us promptly.
If you:
remove any nameplates or other marks attached to the Equipment or otherwise alter, remove or deface the Equipment; or
tamper with the Equipment,
you will not be entitled to benefit from the Warranty and if you return the equipment during the cancellation period under clause 4 you may not be entitled to a refund. In order to lessen the risk of invalidating your Warranty, you must not allow any third party to have access to the Equipment and neither you nor any third party should inspect, adjust, alter, modify or tamper with the Equipment in any way save as advised by the Company.
Insurance
It is your responsibility to insure the Equipment. We advise that any insurance policy obtained covers the Equipment against loss or damage by fire, storm, tempest, flood, riot, civil commotion, accident, impact, damage caused by structural alterations, dampness, leakage of water or other fluids including, without limitation, corrosive paints or distempers, burglary or any attempt, threat or any other insurable risk. The Customer is responsible for any loss or damage to the Equipment of any kind, whether or not the Equipment is insured by the Customer, unless such loss or damage is foreseeable and caused by the Company (Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time this Agreement was entered into, both the Company and the Customer knew it might happen, for example, if you discussed it with us before entering into the Agreement).
Payment of Charges
This clause 10 sets out how any payments due from the Customer to the Company for the Equipment and Services must be made as well as details of our right to make additional charges where appropriate. The amount due from the Customer is set out on the Order Form.
Equipment Charge: Equipment Charges are as stated in the Order Form and are payable in advance of delivery as stated in the Order Form.
Subscription Charge: The Subscription Charges can be paid Monthly or annually in advance by direct debit or credit card in accordance with the procedure set out in the App or within your myabode account.
We may increase the Subscription Charges at any time. The increased Subscription Charge will take effect from the next due date for payment. You will be notified of any such changes via the App and via email. If you choose to pay annually in advance, the increase will only apply at the expiry of the 12 month period for which you have paid in advance.
By signing the Order Form, you give us authorisation to carry out a credit check with a reputable agency at any time during the Term. However, we will not carry out a credit check more than once a year.
VAT: All monies payable at any time under the terms of this Agreement by the Customer to the Company shall be subject to the additional payment of value added tax at the rate in force at the time the relevant payment is due to the Company.
Interest charges for late payment: If you do not make any payment to us by the date the payment is due under these Terms and Conditions, we may charge you interest on the overdue amount at the rate of 4% a year above the base lending rate of the Royal Bank of Scotland. This interest will accrue on a daily basis from the date the payment is due 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.
In the event of excessive false alarms the fire and police authorities may charge the Company for their attendances. The Company reserves the right to pass these costs to the Customer, and the Customer shall pay such costs to the Company within 30 days of receipt of an invoice for the same.
If there is a problem with the Equipment or the Services
If you have any questions or complaints about the Equipment or the Services, please contact us. Details of how to contact us are set out in clause 3.
The Company has a legal duty to supply products and services that are in conformity with this Agreement. Please note that if you are contracting as consumer you will have additional rights under consumer law in addition to those set out in this Agreement. This Agreement or the Warranty does not in any respect limit your rights under consumer law.
The Company warrants that the Equipment is and will remain free from material defects in material and workmanship (“Warranty”) for a period of two (2) years from the date of purchase (“Warranty Period”).
If the Equipment does not conform to the Warranty during the Warranty Period, the Company shall at your discretion] and subject to clause 11.6 [replace the Equipment] at no cost to you [or refund you the purchase price of the Equipment]. The Company will not accept any liability under the Warranty unless the person seeking to rely on it is the original Customer or can produce a letter or chain of letters from the original Customer and subsequent purchasers (where appropriate) transferring the benefit of the guarantee to the new owner of the property in question.
We shall not be liable under the Warranty [or otherwise] if:
you make any further use of the Equipment after this Agreement has expired or been terminated by either party;
the Equipment is used other than in accordance with our guidelines or instructions;
the defect arises because you misused the Equipment and/or failed to follow our verbal or written instructions as to the storage, commissioning, installation, use and maintenance of the Equipment;
you, or any third party requested to do so by you, alters or repairs the Equipment without written consent from us;
you do not comply with any other warranty enclosed with the Equipment;
the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
the Equipment differs from its description as a result of changes made to ensure it complies with applicable statutory or regulatory requirements.
Ending this Agreement for breach
You may end this Agreement at any time by giving written notice to us if:
We are in material breach of this Agreement, provided that if the breach is capable of being remedied, you give us a 30 day period to remedy the breach;
we have told you about an upcoming change to the product or these terms which you do not agree to; or
you have a legal right to end the contract because of something we have done wrong.
We may end this Agreement at any time by giving written notice to you if:
you do not make any payment to us when it is due;;
you commit a material breach of this Agreement that is not capable of remedy, or if it is capable of remedy it is not remedied within [14 days] of you being given notice of such breach. A breach of clause 1 shall be considered a material breach in all circumstances;
you do not, within a reasonable time, allow us to deliver the Equipment to you .
If we end the Agreement in the situations set out in clause 2 we will refund any money you have paid in advance for Equipment 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.
We shall be entitled to issue an invoice for those charges for which you remain liable at termination and you must immediately pay this invoice, together with any of our outstanding unpaid invoices and interest.
Termination of this Agreement will not affect the coming into force or the continuation in force of any of their provisions which expressly or by implication are intended to come into force or continue in force on or after the termination including: clause 8, clause 12, clause 14 and clauses 16 to 19.
Right of the Company to change the Equipment or to suspend or withdraw the Services
From time to time, The Company may develop updates, upgrades, patches and other modifications to improve the performance of the Services and/or the Equipment or for other reasons in our sole discretion (“Updates”). You agree that you are responsible for installing such Updates and if you fail to install Updates we will not be liable for any errors in the Equipment or the performance of the Subscription Services.
In addition to our rights to terminate, we may also withdraw or suspend the performance of the Services in some circumstances. In particular we may suspend the supply of Subscription Services or Equipment:
if your payment card details are incorrect or we are unable to collect payment for any reason other than a fault by us or our sub-contractors;
to deal with technical problems or make minor technical changes;
to update the Equipment or Services to reflect changes in relevant laws and regulatory requirements;
to make changes to the Equipment or Services as requested by you or notified by us to you;
if the police or fire authorities refuse to respond to any alarm condition or refuse to provide their services in respect of the Customer’s Premises.
We will contact you in advance to tell you we will be suspending supply of t Services, unless the problem is urgent or an emergency. If we have to suspend the supply of Services [for longer than 30 days in any three month period we will adjust the price so that you do not pay for Services while they are suspended.
The Company is entitled to withdraw or to suspend the provision of any relevant Services provided to you under this Agreement if the police or fire authorities refuse to respond to any alarm condition or refuse to provide their services in respect of the Customer’s Premises.
We may change the Equipment:
to reflect changes in relevant laws and regulatory requirements and
to implement minor technical adjustments and improvements, for example to address a security threat.
Liability
The Equipment is designed for private domestic. If you purchase the Equipment for business purposes or for use in a business premises, clauses 2 to 14.9 will apply. If you are contracting as a consumer, clauses 14.2 to 14.8 will apply.
The Company does not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes, without limitation, liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation or for breach of your legal rights in relation to our products and services.
The Company is not liable under this Agreement for business losses, loss of profit, loss of business, business interruption or loss of business opportunity.
We are not responsible for any failure in the Equipment or the Subscription Services, which results from your failure to follow our guidelines on installation and operation of the Equipment. If you do not install and maintain the Equipment in accordance with our guidelines on installation you may experience false alarms.
The Services we provide are reliant on third parties such as telecommunications and infrastructure providers as well as your installation and maintenance of the Equipment. Whilst we will endeavour to provide Services in accordance with the terms of this Agreement, we do not give any guarantee that
the Equipment will prevent an intruder from entering your premises or stealing/damaging your goods or property;
services we provide will be error free or available at any particular time; and
that we will be able to contact the emergency services at any particular time or that the emergency services will take any particular action.
The Subscription Service is reliant on the Customer having and maintaining: (i) a working Ethernet connection to the Equipment; and (ii) always-on broadband internet access at your premises with bandwidth sufficient to support your Equipment. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured with your Equipment. We will not be responsible for any losses or failure to perform the Subscription Service if the Customer has not complied with this clause 6.
You are responsible for the installation of the Equipment. We are not responsible for any errors or defects arising from the improper installation of the Equipment.
Subject to clause 1, the Company’s total liability under this Agreement whether such liability arises in contract, tort (including, without limitation, negligence) or otherwise shall not exceed £5,000.
If you are purchasing the Equipment for use in a business premises, in addition to the limitations of liability set out in clauses 1 to 14.8, we will not be liable for:
any indirect or consequential losses; or
any loss of revenue, profits, loss of any opportunity, goodwill or any damage to reputation (whether or not arising as a direct or indirect result of any act or omission of the Company under this Agreement or in relation to any breach of this Agreement by the Company.
Events beyond our control
If by reason of a. Event Beyond Our Control, the Company is or anticipates that it will be prevented or hindered from fulfilling the substance of its obligations under this Agreement, then the Company shall notify the Customer as soon as practicable and the Customer and the Company will take steps to minimise the effect of the delay. Provided we do this, we will not be liable to for failure to perform the Services during the Event Beyond Our Control. You will not be liable to pay any Subscription Charges to us during the Event Beyond Our Control. If such Event Beyond Our Control continues for a period of one (1) Month, you will be entitled to terminate this Agreement by giving notice in writing to the Company.
If you terminate this Agreement under clause 1, you will be under no liability to the Company in respect of your future obligations under this Agreement and you will not be liable for the payment of any part of the Subscription Service charge due during the period of suspension (but without prejudice to any rights of either party against the other in respect of any claim accrued to the date of the commencement of such termination).
If you terminate this Agreement pursuant to clause 1, the Company shall repay to you any part of the Subscription Charge paid (if any) in respect of any period or periods affected by the Event Beyond Our Control or in respect of any period after the effective date of termination.
Use of your personal information
The Company will use your personal information [as set out in the privacy notice(s) available on our website.]
Where we process personal information on your behalf – for example, as part of the Subscription Service – Annex B will apply.
Alterations
If you require any changes or amendments to the terms set out in this Agreement please contact us in writing at the address given in clause 2 setting out your requirements and we will consider these although we cannot guarantee that we will be able to include such changes in the Agreement.
We may update or amend these Terms and Conditions from time to time by giving written notice to you. Such updates or amendments will not allow us to provide Services in a way that is substantially different to what was reasonably expected by you at the Commencement Date, unless otherwise agreed by you and us in writing.
General
We may transfer our rights and obligations under these terms to another organisation including one of our group companies or any joint venture company we may establish for the sale and distribution of the Equipment. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Agreement.
You need our consent to transfer your rights to someone else (except that you can always transfer our Warranty). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under this Agreement (except someone you pass your guarantee on to). This Agreement is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this Agreement illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay 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. For example, if you miss a payment and we do not chase you but we continue to provide any services, we can still require you to make the payment at a later date.
Laws applying to this Agreement
This Agreement is governed by English law and you can bring legal proceedings in respect of the Equipment and Services in the English courts. If you reside in a territory outside England and Wales, you may have additional consumer rights in that territory and you may have the right to commence proceedings in that territory. nothing in this Contract excludes any rights you may have under consumer laws in your territory.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider.
Model cancellation form
To Kings Security Systems Limited, 4 St Dunstans Technology Park, Bradford, West Yorkshire BD4 7HH, or customer.service@kingsltd.co.uk:
I hereby give notice that I cancel my contract of sale of the following Equipment [insert name of the Equipment if applicable] / for the supply of the following service: [insert details of the services being cancelled if applicable]
Ordered on/received on: [please provide the relevant date]
Name of consumer: [please provide your name]
Address of consumer: [please provide your address]
Signature of consumer (only if this form is notified on paper):
Date
Data Protection Schedule
In this schedule:
“Controller” means a “data controller” for the purposes of the DPA and a “controller” for the purposes of the GDPR (as such legislation is applicable);
“Data Protection Legislation” shall mean the DPA, or, from the date it comes into force in the UK, the GDPR (as applicable) and any other laws relating to the protection of personal data and the privacy of individuals;
“Data Subject” has the same meaning as in the Data Protection Legislation;
“DPA” means the UK Data Protection Act 1998;
“GDPR” means the General Data Protection Regulation (EU) 2016/679;
“Personal Data” means “personal data” (as defined in the Data Protection Legislation) that are Processed under the agreement;
“Personal Data Breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored or otherwise processed;
“Processing” has the same meaning as in the Data Protection Legislation and “Process” and “Processed” shall be construed accordingly; and
“Processor” means a “data processor” for the purposes of the DPA and a “processor” for the purposes of the GDPR (as such legislation is applicable).
The parties acknowledge that the Company is a Processor acting on behalf of the Customer and that, for the purposes of this agreement:
the type of Personal Data and categories of Data Subjects are included on the Order Form; and
the nature/purpose of the Processing is to enable the Company to carry out its duties under this agreement (which form the subject matter of the Processing) and the duration of the Processing shall be the Term of this agreement.
Each party shall comply with their respective obligations under the Data Protection Legislation and the Company shall, in particular:
process the Personal Data only to the extent, and in such manner, as is necessary for the purpose of carry out its duties under this agreement and in accordance with the Customer’s written instructions set out in this Agreement;
implement appropriate technical and organisational measures in accordance with the Data Protection Legislation to ensure a level of security appropriate to the risks that are presented by such Processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Data, taking into account the state of the art, the costs of implementation, the nature, scope, context and purposes of processing and the likelihood and severity of risk in relation to the rights and freedoms of the Data Subjects;
not transfer the Personal Data outside of the European Economic Area unless appropriate arrangements are put in place to ensure such transfer is compliant with the Data Protection Legislation. You hereby acknowledge that Personal Data will be transferred to Abode in the United States;
ensure that any employees or other persons authorised to process the Personal Data are subject to appropriate obligations of confidentiality;
notify the Customer if it engages any third party to carry out its Processing obligations under this Agreement and the Company shall give the Customer opportunity to object to such appointment. The Company shall, at all times during the engagement, ensure that its sub-processors are subject to data Processing obligations equivalent to those set out in this schedule. The Customer hereby authorises the Company to engage Abode and any affiliated Kings Solutions Group company to Process the Personal Data to provide software support services. [Any other sub-processors appointed by the Customer will be listed in the [] page of the App from time to time];
notify the Customer, as soon as reasonably practicable, about any request or complaint received from Data Subjects without responding to that request (unless authorised to do so by the Customer) and assist the Customer by technical and organisational measures, insofar as possible, for the fulfilment of the Customer's obligations in respect of such requests and complaints;
on request by the Customer and taking into account the nature of the Processing and the information available to the Company, assist the Customer in ensuring compliance with its obligations under the GDPR (where applicable) with respect to:
implementing appropriate technical and organisational measures in accordance with Article 32 of the GDPR;
where relevant, notifying any Personal Data Breach to the Information Commissioner’s Office (or any replacement body) and/or communicating such Personal Data Breach to the Data Subject in accordance with Articles 33 and 34 of the GDPR; and
where necessary, carrying out and/or reviewing and, if applicable, consulting with the relevant supervisory authority with respect to data protection impact assessments in accordance with Articles 35 and 36 of the GDPR;
on request by the Customer, make available all information necessary to demonstrate the Company's compliance with this schedule and otherwise permit, and contribute to, audits carried out by the Customer (or its authorised representative); and
on termination or expiry of this agreement, destroy all Personal Data which is stored by the Company in connection with the provision of any Monitoring Services except to the extent the Company is required to retain a copy of the Personal Data by law or for its record keeping purposes.