The protection of Personal Data is important to Shield. We are committed to protecting your information and acting in accordance with your rights and privacy laws. Do read this Notice with care. It provides important information about how we use personal data and explains your legal rights.
In this notice, where we say ‘you’ or ‘your’, this means either you, any authorised person acting on your behalf or any beneficiaries and other individuals in your household or organisation. Where we say ‘we’, ‘us’ or ‘our’, this means Solid State Security Ltd.
Collection of your information and how we use it
The data we collect varies depending on how you use our services. The personal data we collect or have about you will either be provided by you directly, come from third parties or will be collected from your activity on our website and use of our services.
1. MARKETING
We collect and process the following information about you:
Your personal details such as your name, home address, telephone number, email address, country of residence
We use your information for the following purpose:
We use your personal data to send you marketing communication about our security products and services. This may be in the form of email, post, SMS, telephone or targeted online advertising.
Where we have your contact details because we have recently provided you with our products and services, we will be in contacting regarding similar products or services (including special offers and discounts) unless you have asked us to stop sending you our marketing material or opted out from our electronic marketing communications. You will be given the opportunity of opting out from our electronic marketing communications each time you receive marketing material with details of similar products and services from us. You can also send us an email asking us to stop sending you our marketing material or opt out from our electronic marketing communications at any time.
The email address for this is: sales@solidstatesecurity.co.uk
We may use your personal data to send you a survey to improve our services and/or market research purpose. You always have a choice about whether to take part in our market research.
Our use of your information as described above is permitted by applicable privacy laws. In most cases our processing of your personal data for marketing is based on our legitimate interest, although in some cases (such as when required by law) it may be based on your consent.
2. ONLINE QUOTE QUESTIONNAIRE
We collect and process the following information about you:
Your name, postcode, telephone number and email address.
We use your information for the following purpose:
We only use your information to provide you with a quote or to contact you to arrange a survey with one of our Solid State Security Experts. This will be done either by telephone, site visit or through the online questionnaire.
Our use of your information as described above is permitted by applicable privacy laws. Our processing of your personal data for providing you with a quote is based on the legal basis of pre-contract.
3. SIGN UP TO OUR SERVICE
We collect and process the following information about you:
Your name, home address, contact numbers, email address and payment details.
We will also collect from you the contact details of your emergency contacts (Keyholders). This will include their name, mobile number and email address. Emergency contact persons may be your partner, family members, neighbours or friends.
We use your information for the following purpose:
We use your information for contracting, delivery of service, installation of your alarm and preferred surveillance system and administrative processes (including billing and collection, hardware and software upgrades, credit checks, technical support, maintenance). Our processing is permitted by applicable privacy laws and in all instances the processing of your personal data is based on the legal basis of contract (our contractual obligation to provide you with monitoring and maintenance services).
We will contact your emergency contacts to provide them with initial training and awareness, after that we will contact your emergency contact details in such cases as if your alarm is triggered and we cannot reach you. If you provide us with personal data relating to such people, you represent to us that you have informed them that we will use their personal data for the purposes of having them as your emergency contact, and that it is in your and our legitimate interest for us to process their personal data to the extent permitted by and in compliance with the terms of this legal notice. After collecting your emergency contacts personal data and unless they already have the information about how we process their data, we will contact them and provide them with our legal notice.
Our use of your information as described above is permitted by applicable privacy laws. Our processing of your personal data is based on the legal basis pre-contract and partly on your and our legitimate interest.
4. FROM YOUR USE OF OUR WEBSITE
Please see our Cookie Notice for more information about what Personal Data we collect from you when you visit our website.
5. FROM YOUR USE OF OUR SERVICES
We collect and process the following information about you:
Your name, home address, contact numbers, email address, emergency contacts, payment details, alarm and response events, audio, video (live feeds and recordings) and contract identification numbers.
We use your information for the following purpose:
Communication: We will communicate with you over the phone, by email and/or by post for service and maintenance purposes or in the event of an alarm trigger. Phone calls may be recorded and stored on a secure third-party database for documentation, quality and/or training purposes.
We may use (aggregated) customer data for the purpose of further development of our products and services (including installation, maintenance and monitoring), optimise our product portfolio and for marketing activities for future customers.
Our processing is permitted by applicable privacy laws and in all instances the processing of your personal data is based on the legal basis of contract (our contractual obligation to provide you with surveillance and monitoring services) and in some cases e), f) it is (partly) based on our legitimate interest and/ or your consent (e)
Disclosure of your information
We do not sell your information to third parties. We may, however, share it with other Solid State Group Companies in the context of the provision of our products and services. As our activities require the skills and resources of other companies, we will further need to share your information with the selected recipients, listed below, in order to perform these activities. These companies will have similar legal obligations to us with regards to safeguarding your information. Alternatively, we will remain responsible to you for what they do with your information. The categories of recipients we share your information with include:
*Please note the list is not exhaustive and can vary over time
Customer support and marketing providers including Activcampaign, wix who we use to assist us with providing you with our forms and emails, and getting in touch with you.
Payment services providers including GoCardless, who we use to process your installation and service payments.
Financial services providers including xero, credit collection agencies & credit scoring agencies to whom we may request credit history checks and assign claims derived from the contract with you, e.g. in the event of failure of timely payment for products and services.
Alarm Monitoring companies including EMCS, who we use to monitor the status of your alarm.
The police if it is apparent that a crime is being committed or if you have a Police Response service.
Analytics and search engine providers including Google Analytics that assist us in the improvement and optimisation of the website.
If we or substantially all of our assets are acquired by a third party, then your information will be transferred to the new owner. The new owner will be subject to the same laws concerning your information as we are.
If we sell any business or assets to a third party, in which case we will disclose your data to the prospective buyer of such business or assets.
Transfers of your information abroad
We store your information within the European Economic Area (EEA) or countries that have an adequate level of data protection.
Where we share your information with companies based outside (i) the EEA or (ii) countries with an adequate level of data protection, we contractually require these companies to handle your information on a similar basis to us. In those cases, we will ensure that the transferred information is protected. Further details of any transfer including copies of any data transfer agreements we use are available from us on request.
Third Parties
To the extent that the installation and provision of our products and services in your premises as a customer may involve the processing of personal data of other third parties (such as visitors or family members) you may be obligated to notify them of our processing of personal data.
Retention of your information
We will keep your personal data to use it for the purposes listed in this notice. In some circumstances when you opt-out of marketing, we may supress your information so that we know not to contact you in the future.
When we no longer need your personal data, we will securely dispose of it in accordance with our Data Retention Policy.
Your rights
You have a number of rights in relation to your personal data. You have the right to access your data, correct any mistakes in our files, the right to have your personal data erased and to restrict or object to processing. You also have the right to withdraw your consent, opt-out of receiving future marketing, and in some circumstances, you have the right to have your information transferred to you or a third party, and the right to object to profiling and automated decision making.
Contact and Complaints
The primary point of contact for all issues from this notice is our Data Protection Officer. The Data Protection Officer can be contacted in the following way:
FTAO Data Protection Officer
sales@solidstatesecurity.co.uk
If you have a complaint or concern about how we use your personal data, please contact us in the first instance and we will attempt to resolve the issue as soon as possible.
Status of this legal notice
The Privacy Notice was updated in September 2020. We reserve the right to amend it from time to time.
How we use cookies
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added, and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement.
Standard Terms & Conditions
1.0 General
1.1 Unless otherwise stated by the Supplier upon the face of any quotation or acceptance of order these terms and conditions shall be incorporated into any contract made between the Supplier and any person, firm or company with whom it contracts and shall prevail in case of any inconsistency between any other term or condition in any contract.
1.2 All purchase orders and acceptance of quotations made to the Supplier shall be deemed to incorporate these terms and conditions to the exclusion of any conflicting terms and conditions submitted by any person, firm or company with whom the Supplier ultimately contracts.
1.3 There shall be no variation from these Terms and Conditions unless separately stated in writing by the Supplier prior to formation of any contract.
1.4 Any order or invitation to treat or acceptance from a client which incorporates any term or condition in conflict with these Terms and Conditions or which extends the liability of the Supplier from these Terms and Conditions shall not be incorporated into any contract with the Supplier unless expressly done in writing by a Director of the Supplier prior to formation of any contract.
2.0 Within these Terms and Conditions the following expressions shall have the following meanings
2.1“The Client” shall mean the person firm or company who has requested the Supplier to provide Goods or Services or with whom the Supplier contracts for the provision for Goods or Services.
2.2 “The Goods” shall mean the apparatus materials and services supplied by the Supplier to the Client.
2.3 “Commissioning Works” shall mean the Suppliers Commissioning Engineer setting to work the equipment.
2.4 “The Supplier” shall mean Solid State Security Ltd.
3.0 Guarantee
3.1 All Goods manufactured by the Supplier are carefully examined and tested before leaving its works. The supplier therefore, gives the following guarantee which supersedes any conditions or warranty implied by statute, common law or otherwise. If within twelve months from the date of Commissioning its works, any defect or fault is discovered in any instrument of its supply due, in its sole opinion to faulty material or sub-standard workmanship, it undertakes to make good the defect, at its discretion, by repair or replacement, without charge PROVIDED that notice is given to it immediately on discovery of any defect and the defective instrument or parts thereof are forwarded to it, carriage paid and suitably packed.
3.2 The guarantee does not apply to defects caused by ordinary wear and tear misuse, neglect or by circumstances over which the Supplier has no control.
3.3 The Supplier's responsibility in all cases is limited to the cost of making good such defects.
3.4 In the case of goods which are not of the Supplier’s manufacture, it will pass on only those terms of guarantee passed to it by the manufacturer of such goods, if any.
3.5 All Goods supplied under these conditions which are not installed by the Supplier shall, upon the installation by the Client or by the ultimate user, be tested to ensure that they are installed correctly and in working order. The Supplier shall not be liable for any defects or damage arising out of incorrect installation or bad workmanship.
3.6 The Guarantee herein shall only apply when Solid State Security Limited Commission the equipment supplied to the Client and no third party has touched, altered or amended any part of the equipment system.
3.7 It is a condition of this Guarantee that the equipment shall be serviced in accordance with the manufacturers recommendations.
4.0 Liability
4.1 The Supplier shall not be liable for any losses including economic or consequential loss howsoever arising from the supply of goods or services by the Supplier.
5.0 Carriage and Packing
5.1 Carriage and Packing will be included on all supplies by the Suppliers, on orders of value in excess of £400.00 this value will be subject to an annual review.
5.2 All orders will normally be consigned by road or rail carriage paid at goods rates for a three-day delivery.
5.3 When Goods are dispatched by passenger-train. Securicor or special carrier at the Clients request for other delivery any additional cost of carriage incurred will be charged on invoice.
5.4 The Suppliers shall replace or repair free of charge any Goods lost or damaged in transit provided both the carrier and the Supplier are advised in writing (otherwise than upon carriers documents) within seven days of issue of advice note or invoice in case of non-delivery or within three days of delivery in case of damaged goods.
6.0 Prices
6.1 The Suppliers prices for sales are subject to change, the actual price to be paid for the Goods will be as the current list price ruling at the time of dispatch.
6.2 All prices are exclusive of Value Added Tax and are strictly Net! That is no further discount is applicable.
7.0 Credit
7.1 Any Credit order is accepted subject to the Clients Credit being approved by the Supplier.
7.2 The supplier may in its absolute discretion at any time prior to delivery require payment of the price in whole or in part before making delivery to the Client. The Supplier shall only deliver Goods and Services to the Client after satisfactory credit approval has been received by the Supplier or pro-forma payment has been received.
8.0 Payment
8.1 Unless otherwise stated in writing by the Supplier payment is due to the Supplier for any Goods or Services supplied thirty days from the date of invoice.
8.2 Any quoted discount shall not be applicable unless payment is made in strict accordance with the terms and conditions herein.
8.3 Should prompt payment not be made the Supplier reserves the right to charge interest on all overdue monies at four per cent over Royal Bank of Scotland plc Base Lending Rate per month or part thereof.
8.4 At the discretion of and upon request by the Supplier the Client shall pay the amount requested by the Supplier on pro-forma invoice prior to the issue of goods or services to the Client.
8.5 Where the Supplier is engaged to carry out work or services over a period exceeding four weeks it shall issue applications for payment to the Client at periodic intervals which shall fall due for payment thirty days from the date of application. The Supplier shall issue a Value Added Tax invoice including VAT for the sums due within the application for payment. Payment shall become due from the date of application for payment and not the VAT invoice.
9.0 Suspension or Cancellation of Delivery
9.1 The Supplier reserves the right to suspend, delay or cancel the delivery of some or all the goods or services or require advanced payment for them if the Client is or reasonably appears unable to pay its debts and in those circumstances the Supplier shall also retain any other rights it has against the Client.
9.2 The Supplier shall be entitled to postpone any commissioning activities until full payment has been received by the Supplier, in accordance with Clause 9.1 of these conditions.
9.3 The Supplier shall be entitled to postpone the issue of any certification manuals, drawings or the like until full payment has been received by the supplier, in accordance with Clause 9.1 of these conditions.
9.4 The Supplier reserves the right to suspend or cancel the delivery of goods or supply of services without notice it the Client fails to make any payment as and when due to the Supplier.
9.5 Any and all guarantee arrangements shall immediately become invalid should there be any breach of the Conditions contained herein.
9.6 Should the Client as a result of actions set out in Clauses 9.1 to 9.5 incur penalties or damages through any subsequent third party arrangements or agreements the Supplier shall not be held responsible or liable nor shall the Supplier accept any charges resulting from any such penalties or damages.
10.0 Inability to Supply
10.1 Should the Supplier not be able to perform the services ordered for reasons beyond its control (including failure by the Client to supply delivery or other instructions) or on account of industrial disputes or, in the case of stock items, on account of stock being exhausted the Supplier reserves the right to cancel any order subsequent to acknowledgement of it upon giving the Client reasonable notice and the Supplier shall not then be liable for any loss thereby caused.
11.0 Fitness for Purpose
11.1 The Client must satisfy itself that the Goods supplied are fit for its purpose as this is not guaranteed by the Supplier, and all warranties express or implied are hereby excluded.
12.0 Passing of Property and Risk
12.1 All goods supplied by the Supplier shall remain the Suppliers absolute property until all amounts owing to the Supplier for the Goods have been paid in full.
12.2 Risk In such Goods passes to the Client on delivery.
12.3 Should the Client resell the Goods without having paid all amounts outstanding to the Supplier then the Client agrees to hold any proceeds of sale or sufficient part thereof to pay all amounts outstanding to the Supplier as Trustee.
12.4 If the Client uses the Goods in the manufacture of other products the absolute property in those goods shall pass to the Supplier from the time when the goods are so used until payment of all amounts outstanding due to the Supplier from the Client but risk in such products shall remain with the Client.
12.5 The Client agrees to store all goods and products in which the Supplier has property in such a way that they are readily identifiable as the Suppliers property.
12.6 The Supplier shall be entitled at any time to repossession and to enter upon the Clients premises or where the Goods and products may be with such transport as may be necessary and to repossess any Goods or products which remain the Supplier's property.
12.7 Nothing in these conditions shall confer any right upon the Client to return any Goods sold or to refuse or delay payment therefore unless otherwise agreed.
12.8 Where Goods or products in which the Supplier has property are attached to or stored within any premises other than the Clients promises the Client will secure from the owners or occupiers of such premises the Client's right of entry and preserve notwithstanding termination of the Clients right the Suppliers right to enter those premises for the purpose of repossession of the Goods and products under the terms of this condition.
13.0 Time of Despatch
13.1 Orders will be executed as expeditiously as possible but where a date, for delivery dispatch or the provision of services, is quoted time shall not be deemed to be of the essence of the contract and no liability will be accepted by the Supplier for any loss including economic or consequential loss or damages arising from delay in delivery or failure to supply or deliver by a quoted date.
14.0 Delivery
14.1 Delivery of Goods shall be made to the address stated within the purchase order and the point of delivery shall be nearest suitable and reasonable off load point for any heavy goods vehicle.
15.0 Inspection
15.1 Although there would normally be permission for the Clients representative to visit the Suppliers, such permission is not automatic.
16.0 Statutory Requirements and Intellectual Property
16.1 Whilst every effort is made to meet known statutory requirements and not to infringe any patents or trademarks belonging to any third parties. The Supplier cannot warrant that the design, construction and quality of Goods to be supplied comply with all relevant requirements of any statute, statutory rule or order or other instrument having the force of law which may be in force at the time of supply and further that the sale or use of the Goods by the Client would not infringe any patent, trade mark, trade name or registered design.
17.0 Conditions of Clients Orders
17.1 The Supplier shall only accept the Client's order subject to the Terms and Conditions contained herein.
17.2 The Goods and or services described within the Suppliers quotation shall only be accepted on a Client's purchase order and shall not be subject to any subcontract order or terms or conditions thereof, or any other terms or conditions offered by the Client unless separately agreed in writing by a Director of the Supplier.
17.3 The Services are provided subject to the Client providing adequate welfare facilities and first aid provisions for use by the Supplier.
18.0 Suppliers Quote
18.1 It is the responsibility of the customer or his agent to ensure that all quantities are correct, as the supplier cannot accept any responsibility for any variations that may exist. Any additional items to a quotation shall be chargeable.
18.2 Certificates that are pertinent to the actual system type shall be provided.
18.3 It is deemed that all areas are free of asbestos and the clients responsibility to declare the presence of asbestos containing materials. Should this not be the case, a clear asbestos report must be provided to enable the project to continue. Any variation to contract may be subject to additional costs.
18.4 Data sheets and manuals as provided by equipment manufacturers shall be supplied at the end of the project forming an Operation and Maintenance Manual. As fitted drawings shall be supplied if the customer has supplied suitable construction drawing in good time.
18.5 A Minimum of 4 Weeks notice is required from receipt of official purchase order prior to site attendance in order to comply with our Health & Safety Procedures.
19.0 System Design
19.1 Any design undertaken by the Supplier which is associated with the Goods is based upon information and details provided by the Client and is carried out in good faith.
19.2 Details of documentation and details provided by the client upon which any design is based are set out in the Supplier's quotation.
19.3 In the event of the Client failing to provide the Supplier with all the details necessary to provide an accurate design the Supplier shall incur no responsibility or penalty for any failure associated with or arising from any design produced nor shall the Supplier be liable for any damages arising whether in contract or tort.
19.4 The Client is responsible for all design approvals including without limitation Fire Officer Licensing and Public and Local Authority approvals.
19.4.1 Any drawings or designs issued by the Supplier to the Client for approval shall be deemed to have been approved without reservation by the Client if no comment is made in respect thereof in writing within a period of fourteen days from the date of issue to the Client.
19.4.2 Responsibility for any failure of any design to meet any criteria shall rest with the Client or other person approving any design.
19.5 The Supplier upon receipt of written instructions from the Client will submit any of its designs for a system to the relevant Fire Officer Licensing Public or Local Authority for approval upon behalf of the Client.
19.6 Siting of alarm sounders on any design drawing of the Supplier is expected to give the audibility level required by BS5839. The Supplier cannot however guarantee the attainment of such audibility levels and upon completion of any installation and audibility test it may be found that additional alarm sounders may be required to meet the audibility level required.
19.6.1 In the event that additional alarm sounders are required to enable any installation to meet a particular standard the Supplier will supply them at prices ruling at date of dispatch upon receipt of the Client's supplemental order.
19.7 The Supplier shall not incur any liability for non compliance in the event that the performance of the Goods is affected by circumstances not made known to the Supplier at the time of issuing any design including without limitation the acoustic qualities of any structure, the siting of machinery plant furniture or fittings or the interior qualities or structure of any building.
19.8 In the event that additional work and or materials are required to any installation to achieve any particular standard in consequence of circumstances not made known to the Supplier at the date of its quotation that the Supplier shall be entitled to reimbursement for all such additional work and or materials.
20.0 Installation
20.1 The time required to enable the Supplier to provide its Goods and services to the Client is set out within the Suppliers quotation and shall not be subject to change unless specifically agreed in writing by the Supplier.
20.2 Any additional works required by the Client must be instructed to the Supplier in writing, within reasonable time, at a cost to be agreed in writing. Such additional works shall be fully chargeable by the Supplier, and the Client shall pay such additional costs in accordance with Clause 8
20.3 In the event that the Client fails to instruct the Supplier in accordance with conditions 20.1 and 20.2 above then the Supplier shall incur no responsibility for penalties or damages howsoever arising in consequence of such additional works either not being undertaken or their not being undertaken at any particular time.
20.4 The Client shall be responsible for providing the Supplier with unimpeded access to any premises where the Goods are to be delivered or provided with all services available to the Supplier to enable it to discharge its responsibilities effectively and on time.
20.5 The Suppliers quotation for any installation is prepared upon the basis of the following requirements namely that:
20.5.1 Electrical power and lighting to and for any works to be undertaken by the Supplier will be provided to the Supplier free of charge.
20.5.2 Scaffolding as necessary will be provided for the Supplier free of charge.
20.5.3 Use of welfare, storage and administration facilities on sites away from the Supplier's Head Office will be provided to the Supplier free of charge.
20.5.4 Builders work in connection with any of the Supplier's Goods and services will be provided free of charge by the Client including the cost of making good.
20.5.5 Containment equipment such as cable tray, trunking channels and the like will be provided free of charge by the Client for the Supplier's wiring cables and equipment.
20.5.6 The Supplier will only provide to the Client the documents stated within the Suppliers quotation.
20.6 In the event that the Client fails to issue to the Supplier a Practical Completion Certificate when any installation works are completed then the date of practical completion shall be deemed to be the date of setting to work the equipment supplied.
20.7 The Client shall witness that any installation by the Supplier works correctly and in accordance with the Client's requirements and that the installation is fit for the purpose required by the Client.
21.0 Commissioning
21.1 Where the Client is to fix goods provided by the Supplier and the Supplier is to Commission the Goods:
21.1.1 The Client shall complete, sign and deliver to the Supplier not less than fourteen days before commissioning is required the Supplier's form of application for Commissioning.
21.1.2 The Client shall ensure that the whole of the works to be commissioned are available to the Supplier to enable the Supplier to carry out the Commissioning works in one continuous operation.
21.1.3 The Supplier shall be entitled to charge and the Client shall pay the Supplier standing time and additional costs at the Supplier's stated daily commissioning rate or multiples thereof incurred if the works to be commissioned are incomplete or not available to the Supplier on the date stated for Commissioning or if the Commissioning works are delayed or interrupted.
21.1.4 The Supplier will carry out commissioning works during any normal working hours being 7.5 hours on weekdays between 0800 hours and 17.30 hours Monday to Friday inclusive.
21.1.5 In the event that the Client requires Commissioning works outside normal working hours it must issue to the Supplier an amendment to the Application for Commissioning. Commissioning works that take place outside the hours stipulated in 20.2 above, shall be chargeable at the Supplier's premium rate.
21.1.6 The Supplier's quotation for Commissioning is prepared upon the basis that there shall be provided by the Client free of charge to the Supplier for use by the Supplier's Commissioning Engineer:
21.1.7 Mains and Temporary power.
21.1.8 Scaffolding and access equipment.
21.1.9 Storage and welfare facilities.
21.1.10 As fitted installation drawing installation schematic drawings.
21.1.11Installers test sheets and attendance by a representative of the Installer.
21.2 The Supplier shall not be required to complete any Commissioning works unless there is a representative the Installer present during the process of Commissioning.
21.3 The Client shall be responsible for witnessing the works of Commissioning and signature on completion certifying that he or she has witnessed the satisfactory operation of the equipment system.
22.0 Maintenance
22.1 The supplier may enter into a Service Level Agreement (SLA) with the Client for the maintenance of Equipment.
22.2 The SLA shall automatically renew twelve months after the initial period and continue to do so unless terminated by either party.
22.3 Should the Client have received a service visit within a twelve month calendar period, no refund shall be provided.
22.4 In the event the Supplier makes reasonable effort to arrange a maintenance visit, and the Client does not respond, the Supplier shall:
22.4.1 Continue to provide the services within the SLA including access to the Suppliers call out facility.
22.4.2 Invoice the customer the SLA price.
22.5 The customer acknowledges the Supplier maintains a level of staff and service provision to provide the other services, in addition to annual service visits, to the Client whilst the SLA is in force.
22.6 The Supplier reserves the right to amend the SLA price on an annual basis.
22.7 The Supplier reserves the right to change these terms and conditions during the SLA and shall give the Client at least 3 months notice.
22.8 The client may terminate the SLA by giving 3 months written notice.
22.9 A full set of Maintenance Terms & Conditions can be found at www.solidstatesecurity.co.uk/terms-and-conditions
22.10 Without restricting the rights contained herein, should another NSI NACOSS Approved Company takeover the maintenance provisions we shall, within 4 weeks, default the system codes for a cost of £495.00 paid on a pro-forma basis.
23.0 Copyright
23.1 The Supplier notifies the Client that in the event that any equipment supplied by the Supplier is used in any public performance, playing or showing any copyright material in circumstances where the Client or any person authorised by them does not hold the appropriate license of the copyright owner then they may infringe copyright and become liable for so doing including in damages.
23.2 The Client represents and warrants to the Supplier that it will by accepting delivery of equipment from the Supplier have, hold or obtain the appropriate license for any such performance, playing or showing prior to using the equipment for such purpose.
23.3 In the event that the Supplier becomes aware that any equipment supplied by it is or may in its opinion be used in any way which infringes copyright it shall be entitled to notify the copyright owners or other responsible body of such use.
24.0 Third Party
24.1 The Supplier shall not be responsible for nor shall they accept any penalties, costs or damages as a result of any undertakings from a third party.
24.2 The Supplier shall not accept or be required to accept any undertakings or conditions offered to the Client by or from any third party.
25.0 Set Off
25.1 The Client shall not be entitled to set off any amounts due to the Supplier against any one contract against any other contract made between the Client and Supplier.
26.0 Headings
26.1 The headings in these conditions are for guidance only and shall not be used in any way in the Interpretation of their meanings.
27.0 Proper Law
27.1 These conditions and any contract of which they form part shall be governed and construed in accordance with English Law and the Client and the Supplier submit to the non exclusive jurisdiction of the English Courts.
28.0 Errors - Omissions
28.1 In the event that any Quotation by the Supplier is found to contain an error or omission then the Supplier reserves the right to amend the same and shall be entitled to reimbursement in consequence thereof.
Standard Conditions
2.1 Agreement Overview
2.1.1 This Agreement represents a Service Level Agreement (“SLA” or “Agreement”) between Solid State Security Ltd and the Client for the provision of annual service requirements to support and sustain the agreed systems as agreed below or as installed by Solid State Security Ltd.
2.1.2 This Agreement remains valid until superseded by a revised agreement mutually agreed by both parties. Any order or invitation to treat or acceptance from you which incorporates any term or condition in conflict with these Conditions or which extends our liability from these Conditions shall not be incorporated into any contract with us unless expressly done in writing by our Director prior to the formation of any contract.
2.1.3 This Agreement outlines the parameters of all services covered as they are mutually understood by both parties. This Agreement is subject to Solid State Security Ltd standard terms and conditions, available upon request.
2.2 Objective of Agreement
2.2.1 The goal of this Agreement is to ensure that the proper elements and commitments are in place to provide a consistent and reliable service to the client by the Service Provider.
2.2.2 The objectives of this Agreement are to provide clear reference to service ownership, accountability, roles and/or responsibilities. Present a clear, concise and measurable description of service provisions to the Client. Match perceptions of expected service provision with actual service support and delivery.
2.3 Service Provider Responsibilities
Our responsibilities and requirements in support of this agreement include:
2.3.1 Meeting the annual number of Preventitive Maintenance visits as per British standards as per section 1.8 or as amended under section 1.4.
2.3.2 Providing a Call Out facility during and outside normal working hours chargeable as per section 1.6.
2.3.3 Using our best endevours to meet call out response times, these are: 4 Hours - Security Systems. 8 Hours - Fire Alarm Systems. 24 Hours - All Other Systems.
2.3.4 Providing appropriate notice to the Client for all preventative maintenance visits.
2.3.5 Providing access to 24 hour technical telephone support.
2.3.6 Providing Solid State Security log books for maintained systems.
2.3.7 Providing a Solid State Welcome Pack.
2.3.8 Providing high speed Engineer Reports and Certificates where applicable.
2.3.9 Completing and replacing additional works and parts as per your instructions.
2.3.10 A 10% discount on equipment used in all corrective and repair works.
2.4 Client Responsibilities
Your responsibilities and requirements in support of this agreement include:
2.4.1 Paying for all service and maintenance costs at the agreed interval. For the avoidance of doubt this shall be 30 days net.
2.4.2 Providing reasonable availability of customer representatives when resolving a service related incident or request.
2.4.3 Making available system documentation upon request. For example, relevant drawings, as fitted drawings, assett registers and certificates.
2.4.4 Making available service log books on all site visits.
2.4.5 Ensuring your logbooks are kept up to date and readily available.
2.4.6 Providing a copy of your Fire Risk Assessment, if you have one. Please note Solid State can perform this function at additional cost.
2.4.7 24hr after the installation of an emergency light luminaire you should retest the device for its full rated duration. precautions may be necessary within 24 hrs until the luminaire is fully charged.
2.4.8 BS5266-1:2016 advises full rated duration tests when a) the building is empty or times of minimal risk and, b) test alternate luminaires at one time. We shall provide testing in one instance at the scheduled service time unless otherwise agreed.
2.4.9 Providing access to all areas. If a particular area cannot be accessed a return visit may be necessary at additional cost.
2.5 Service Standard
2.5.1 Your services shall be performed in a professional and timely manner. Planned and Corrective Maintenance shall be performed in accordance with the standards and codes of practise in section 1.8, where applicable. Or as amended by section 1.4.
2.5.2 The services provided within each system may vary according to the system type and manufacturer. On request, we shall provide you with an exhaustive list of services.
2.6 Additional Services (Costs)
2.6.1 Your Service price (section 1.5) includes the planned maintenance visits detailed in section 1.3 or as amended in section 1.4 and any applicable yearly remote monitoring and/or police response fees.
2.6.2 As an important service customer you have access to our additional contract services which shall be chargeable at our favourable call out rates (see section 1.6). These additional contract services include:
In-Hours call outs
Out-of-hours call outs
24 hour telephone support
2.6.3 Other additional services that are charged on an individual basis include (including but not limited to):
Replacement parts
Corrective Works (repairs)
Upgrades and additional works
Repairs after our warranty has expired or void
2.6.4 In the event minor corrective works or replacement parts are required and can be fit during the engineers visit, the works shall be performed and be invoiced to you. If major works are required or a return visit is necessary a quotation shall be prepared and we shall seek approval from you before commencing such works.
2.6.5 All prices and costs are subject to Solid State Security Ltd standard terms and conditions.
2.7 Service Locations
The service location shall be detailed in section 1.2. Or, if the agreement is multi-site, those contained within Appendix A as amended from time to time.
2.8 Commencement Date
This Agreement shall commence from the commencement Date provided in the Client Section.
2.9 Periodic Review
2.9.1 This Agreement should be reviewed annually.
2.9.2 In lieu of a review during any period specified, the Agreement will remain in effect.
2.10 Duration
2.10.1 The Initial Contract Term shall be twelve months or as provided in the Client Section 3.3 if different.
2.10.2 Should either party fail to terminate the Agreement and the Initial Term has passed, The Agreement shall renew into a further 12 month Contract Term.
2.10.3 The Minimum Contract Term shall be 12 months unless otherwise stated.
2.11 Termination
2.11.1 Either party may terminate this agreement on giving the other not less than 3 months notice subject to section 2.11.3.
2.11.2 Either party may terminate this agreement immediately on giving the other notice if:
a) The other party commits a material breach of this Agreement and fails to remedy such breach, if remediable, within 14 days of written notification of such breach; or
b) The other party suspends or threatens to suspend payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986; or
c) The other party suspends or ceases or threatens to suspend or cease to carry on all or a substantial part of its business.
2.11.3 It is understood at the commencement and renewal of a contract, to maintain your services, we must accrue costs and liabilities. As a result, on termination of this agreement for any reason:
a) You shall pay us all of our outstanding unpaid invoices and, in respect of Services/Goods supplied but for which no invoice has been submitted, we may submit an invoice, which shall become payable.
b) In the event an Initial Contract Term is greater than 12 months, in respect of Services/Goods not supplied and no invoice has been submitted we may submit an invoice to you for the remaining annual prices which shall become payable.
c) Sections which expressly or by implication have effect after termination shall continue in full force and effect.
2.12 Governance
2.12.1 We shall attend progress meetings with you at the frequency and times specified by you and shall ensure that our representatives are suitably qualified to attend such meetings; and
2.12.2 We shall submit progress reports to the you at the times and in the format specified by you.
2.13 Records
2.13.1 We shall keep and maintain until 6 years after the end of the Agreement, or as long a period as may be agreed between the Parties, full and accurate records of the Agreement including the Services supplied under it and all payments made by the Customer.
2.13.2 We shall on request afford you or your representatives such access to those records as may be reasonably requested by you in connection with the Agreement.
2.14 Arbitration
Any dispute or difference arising out of or in connection with this Agreement shall be determined by the appointment of a single arbitrator to be agreed between the parties, or failing agreement within fourteen days, after either party has given to the other a written request to concur in the appointment of an arbitrator, by an arbitrator to be appointed by the President or a Vice President of the Chartered Institute of Arbitrators.
2.15 Variation
2.15.1 Contents of this document may be amended as required, provided mutual agreement is obtained from both parties.
2.15.2 We reserve the right to reasonable amend the prices.
2.15.3 Solid State Security Ltd standard terms and conditions shall apply to this agreement however, where there may be a conflict between the provisions of this agreement and the standard terms and conditions, this agreement shall take precedence.
2.16 Notice
2.16.1 Any notice to be given under the Agreement shall be in writing and may be served by personal delivery, first class recorded or e-mail to the address of the relevant Party set out in the Award Letter, or such other address as that Party may from time to time notify to the other Party in accordance with this clause:
2.16.2 Notices served as above shall be deemed served on the Working Day of delivery provided delivery is before 5.00pm on a Working Day. Otherwise delivery shall be deemed to occur on the next Working Day. An email shall be deemed delivered when sent unless an error message is received.
2.17 Severance
If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the agreement and the validity and enforceability of the other provisions of the agreement shall not be affected.
2.18 Arbitration
Any dispute or difference arising out of or in connection with this Agreement shall be determined by the appointment of a single arbitrator to be agreed between the parties, or failing agreement within fourteen days, after either party has given to the other a written request to concur in the appointment of an arbitrator, by an arbitrator to be appointed by the President or a Vice President of the Chartered Institute of Arbitrators.
2.19 Set Off
You shall not be entitled to set off any amounts due to the Supplier against any one contract against any other contract made between the Parties.
2.20 Governing Law and Jurisdiction
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England. The parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).