Additional Services – Subscription Terms
These terms are in addition to our general terms and conditions but are provided to you below separately to make clear the terms of our services which require a subscription and minimum contractual commitment by you.
You should read these terms in conjunction with our standard general terms and conditions which have been provided in hard copy to you but which are also available at: – https://www.actresponse.com/terms-and-conditions
2. Providing the Services
2.1 As we have made clear in our general terms and conditions, the additional services we provide as part of our subscription rely on an external provider (Alarm.com) and are outside of our control. Your subscription contract with us and our ability to provide the services under it are therefore subject always to us being able to offer (and continue to provide) the services you have requested from us.
2.2 We may vary or withdraw any of the services provided as part of your subscription at any time upon giving you at least 30 days’ notice of such variation or withdrawal. Where a particular service is withdrawn or cannot be provided by us (and you have been paying for it as part of your subscription) you will not be required to continue to pay for that service if it is withdrawn and your Subscription Payment will be reduced accordingly.
3. Minimum Term
3.1 Our subscription lasts for a minimum term which we will agree with you when you place an order with us, as set out in your order form. Our minimum term is usually 24 months and will start from the first day you can receive the relevant service from us under your contract or any additional period (usually a further 12) agreed between us (“Minimum Term”). You cannot cancel your subscription with us during this Minimum Term unless you have a contractual right to do so
3.2If you (or we) end your subscription before the end of the Minimum Term we will charge you an early termination charge which will be charged directly to the credit or debit card you provided us with when you initially paid for your product(s). If your credit or debit card details change you must notify us immediately. By entering into this agreement you confirm that you authorise us to deduct such amounts in accordance with our early termination charges policy set out at clause 13 below.
4. Installation – please see clauses 7, 8 and 9 of our general terms and conditions for details of the terms that relate to the installation process.
5. Subscription Menu
5.1 We offer two different subscription service pricing options (see clause 5.1.1 and clause 5.1.2) which provide different features, performance and functionality as well other additional subscription options (see clause 5.1.3) which may be purchased as stand-alone items or as part of our Interactive Gold or Interactive Gold with Automation subscription service packages.
(a) this service level may be appropriate where monitoring communicated through a cellular communicator is required but interactive services are less important to you;
(b) provides alarm signal forwarding (alarms, trouble conditions) to a central IP receiver using the Security Industry Authority or Contact-ID signalling;
(c) basic interactive alarm services over the internet and mobile applications which enable remote panel arming or disarming and delivery of alarm notifications, system status update and supervisory signals.
5.1.2. Interactive Plus
(a) includes the basic interactive plan features;
(b) provides non-alarm activity reporting using specific security sensors such as door contacts or motion detectors (even where the system is disarmed);
(c) ability to receive real-time email and mobile notifications when specific sensors report activity in all alarm, whether armed or disarmed;
(d) includes 24/7 monitoring of up to 50 zones or sensors and activity reporting;
(e) allows push and email notifications during specific times;
(f) home automation feature including the ability to control lights, locks, thermostats, garage doors and other Z-wave enabled devices;
5.1.3 Other Add-ons
184.108.40.206 Video Analytics 1
(a) 1 Video device available as a standalone service or add-on to service packages
(b) alarm and event-triggered video capture;
(c) remote video clip storage;
(d) mobile application for video viewing and live ‘look-in’ through the Alarm.com website and mobile application;
(e) 1000 clips of cloud storage
(f) Alerts for object detection (people, vehicles and animals) with enhanced notifications, video tripwire recording and activity zone recording.*
(g) 24/7 recording available as an additional one off cost for a storage device **
* with a compatible camera.
** Please note that if the storage device hard runs out of space, the oldest footage will be deleted to make more space. Deleted footage cannot be recovered. Alarm.com does not provide notification for low storage space, so you will need to regularly check your available storage space to make sure you aren’t running low.
220.127.116.11 Video Analytics 2
(a) Includes Video Analytics 1 plan features
(b) Up to 2 Video device’s available as a standalone service or add-on to service packages;
(c) 1500 clips of cloud storage
18.104.22.168. Video Analytics 4
(a) Includes Video Analytics 2 plan features
(b) Up to 4 Video device’s available as a standalone service or add-on to service packages;
(c) 3000 clips of cloud storage
22.214.171.124. Video Analytics 5
(a) Includes Video Analytics 4 plan features
(b) Up to 5 Video device’s available as a standalone service or add-on to service packages;
(c) 4000 clips of cloud storage
126.96.36.199. Video Analytics +1
(a) Adds one additional video device
(b) Can only be used in addition to Video Analytics package’s 1-5
(c) 1000 additional clips of cloud storage
(a) We will carry out at least one routine remote maintenance inspection each year.
(b) We will carry out a Biennial service were we will check, clean, test and replace batteries as required in accordance with applicable industry standards and their expected life, (according to our experienced engineers and their knowledge of the related equipment). Where any maintenance or inspection cannot be carried out remotely we will require access to your property in order to carry out the inspection and service and will agree an appointment time with you in advance prior to our attendance.
(c) Where a fault is present in your equipment or any part of it, we will use reasonable skill and care to fix, parts and labour included in this cover unless the faulty equipment requiring replacement is beyond economic repair, is no longer supported by its manufacturer; or has resulted from your acts or those of a third party, including but without limitation, wilful damage, accident, misuse or use otherwise than in accordance with the instructions.
(d) The system and any equipment installed which forms part of the monitoring service we provide must be maintained and used in accordance with our instructions and you must not damage, reconfigure, reprogramme, alter or modify any part of the system without our express written consent. If you do damage, reconfigure, reprogramme, alter or modify any part of the system this may cause damage to your system and may also limit or prevent us from providing our monitoring service to you. Where any reconfiguration, reprogramming, damage, alteration or modification is made you will remain responsible for our monitoring service charges and will be responsible for the cost of any repairs or remedial work that may be required to restore your system.
188.8.131.52. 24/7 Monitoring
(a) Where your system includes our monitoring service we will monitor signals from your system at our Alarm Receiving Centre. Our Alarm Receiving Centre is where alarm signals are received and action is taken to notify you, your nominated contacts (keyholders), and, if applicable, the Police or a private security service*
(b) We do not carry URN’s and cannot guarantee police response, upon an alarm activation where we have video evidence of what we believe to be an intruder or receive a request from a customer on the premises for police presence we will contact the police but ultimately it is up to the police on whether or how they respond.
(c) The monitoring stations ability to determine if an intruder is on the premise and therefore the quality of response is affected by the selection of equipment on site and its placement.
184.108.40.206. Other add-ons
For further details of the other add-on products and services we are able to provide, please see our full menu of products and services which is available on our website at: – https://www.actresponse.com or in hard copy upon request.
6.1 The monthly subscription payment that you are required to pay in relation to the services you have asked us to provide will be contained on your order form(s) (“Subscription Payment”).
6.2 The services that you have asked us to provide will also be contained in your order form. As with the products you purchase from us, your order form (once accepted by us) will constitute a contract with us together with these terms and our general terms and conditions. If you require any additional products of services during the Minimum Term you must request a separate order from us.
6.3 By submitting the order you authorise us to continue to deduct the Subscription Payments from you for the Minimum Term and on an ongoing basis thereafter until notice is given by either of party to terminate your subscription in accordance with clause 12.6 below. If, for any reason, we are unable to deduct (or do not receive) a Subscription Payment from you in any particular month you will not be entitled to receive the services and we may suspend those services immediately until payment is received. Where a Subscription Payment has been withheld or not made due to a dispute we will act reasonably in exercising our discretion to suspend any services and your rights to end the contract continue to apply (see clause 10 and 11 of our general terms and conditions) but we may charge a reasonable fee to reflect any costs that we incur if a payment instruction from you is returned to us.
6.4 If you request any different or additional services from us during your Minimum Term and we agree to change the services being provided then you agree that we may change or increase your Subscription Payment accordingly. You must provide us with at least 30 days’ notice of any such request and may be required to submit a new order to us for approval. The Subscription Payments may be collected each month either on an individual basis (by reference to each subscription service that they relate to) or collectively in one aggregate total sum. We will confirm to you in writing the method by which the Subscription Payments will be taken from you.
6.5 We reserve the right to increase your Subscription Payment during the Minimum Term as set out at clause 7 below.
7. Our ability to make changes
7.1 We can make changes to your contract with us in certain circumstances and these are detailed at clause 6 of our general terms and conditions. Please read these carefully before you commit to any subscription for the Minimum Term and if you have any questions, please let us know.
8. Price increases
8.1 We can only increase your relevant Subscription Payment once in any 24 month period if we have to make changes in accordance with clause 7 above and any such increase will not be more than either 10% of the standard price of your subscription or the increase in the UK Retail Price Index over the last 12 months before.
8.2 Where we increase our prices you will be given at least 30 days’ notice unless we are required to increase our prices by law or due to a change in the services you have asked us to provide.
9.1 We may replace or withdraw features or functionality which Alarm.com provide or restrict their availability. If these are features or functionality that you pay for then we will, where possible, give you at least 30 days’ written notice of their replacement or withdrawal. If the change or withdrawal is significant and detrimental to you we may agree to either cancel your subscription with us before the end of the Minimum Term or reduce your Subscription Payment.
9.2 Where we or Alarm.com provide any additional features during the Minimum Term which were not part of your original subscription we may remove or change such additional features without having to provide any notice to you.
10.1 Our liability to you is limited by clause 15 of our general terms and conditions.
10.2 There also matters which are either outside our control or for which you remain responsible for during your Minimum Term and your subscription with us and these are contained at clause 7 of our general terms and conditions. Please read these carefully before you proceed as they are likely to affect your ability to use our products, services and the digital content that is provided.
11. Your legal rights to cancel
11.1 You have a legal right to change your mind within 14 days as detailed in clause 10.3 of our general terms and conditions. The 14 day period begins to run from the date of delivery or installation. For details of cancellation and how and when any refund will be calculated and processed (including the deductions that we are entitled to make), please read clause 11 of our general terms and conditions.
11.2 If you wish to cancel within 14 days you should complete and return to us the model cancellation form which is appended to our general terms and conditions or contact us in accordance with clause 11 of our general terms and conditions.
12. Ending our subscription service
12.1 The services we provide on an ongoing basis require a subscription for a Minimum Term (see clause 3 above). You can only cancel your subscription during that Minimum Term where: –
12.1.1 clause 10.1(a) or clause 10.1(b) of our general terms and conditions apply ‘Your rights to end the contract’; or
12.1.2 we breach these terms or our general terms and conditions
12.2 If you do not subscribe for the Minimum Term you will breach these terms unless you are permitted to end your subscription before expiry of the term in accordance with clause 12.1 above.
12.3 Where you are entitled to end your subscription before the end of the Minimum Term you must give us notice in writing of your decision to terminate within 7 days of either:-
12.3.1 receiving notice from us of something we have done or going to do under clause 10.2 of our general terms and conditions; or
12.3.2 the date you become aware of any breach by us under clause 12.1.2 above; or
12.3.3 where a product or service is faulty or misdescribed (under clause 10.1 of our general terms and conditions), the date on which we have confirmed to you (after having had a reasonable opportunity to inspect and repair or replace the particular product or service) that such product or service is not capable of being repaired or replaced.
12.4 Following an inspection, where we accept that a particular product or service is faulty and incapable of repair or replacement by us you will only be able to end any Subscription Payments before the end of the Minimum Term in so far as they relate to the particular product or service that is the subject of the fault. Where you have purchased any other products or services from us that are subject to any Subscription Payment you must continue to pay those Subscription Payments for the remainder of the Minimum Term.
12.5 If we exercise our right to end your subscription before the end of the Minimum Term (in accordance with clause 12 of our general terms and conditions) then we will not be required to refund any Subscription Payments you have already paid to us and you will remain liable to pay an early termination charge to us.
12.6 If you wish to end the services at or after the end of the Minimum Term you may do so by giving us at least 30 days’ notice in writing. You will continue to receive the services until your notice has expired and we will continue to deduct the Subscription Payments from you (and provide the services to you) where no notice is given at or following the expiry of your Minimum Term.
13. Early Termination Charges
13.1 The early termination charge will not exceed the charges you would have had to pay for the remainder of your Minimum Term but will be reduced to account for any costs we are able to save by not having to provide the services to you and to take into account the fact that we will receive payment from you earlier than we otherwise would have done.
13.2 The amount you will be required to pay if you or we have to terminate your contract before the end of the Minimum Term will depend on the: –
13.2.1. period remaining of the Minimum Term, calculated in days;
13.2.2. number of days you have already been billed for in advance; and
13.2.3. products you subscribe to, the price you pay for them and when your relevant subscriptions are due to end.
13.3. On the basis of the calculation method used at clause 13.2 above, you are therefore unlikely to be charged an exact multiple of the monthly charges. If we have agreed a Subscription Payment with you based on an offer that was made available to you at the time we confirmed your order, our early termination charge will be calculated based on that discounted price.
13.4. You may be able to reduce your early termination charge by changing your plan and removing any optional extras before you cancel. Please contact us on 08000920620 or by writing to us at firstname.lastname@example.org to discuss your options.
How are our termination charges calculated?
13.5. We take your standard monthly charge (i.e. your Subscription Payment) (including VAT at the prevailing rate) for the products/ services that you have and then deduct:
13.5.1. the business costs we save because we’re no longer providing you with your service(s), and;
13.5.2. apply a further discount for accelerated receipt in order to reflect the fact that we receive one lump sum payment, rather than a staggered payment made over the remainder of your Minimum Term.
13.6. Worked example of how we calculate our early termination charges: –
A customer subscribes for (a) Interactive Plus with (b) Video Analytics 5, (c) Maintenance and (d) 24/7 Monitoring subscription services. There are three months remaining on the Minimum Term of that contract. Please note that the prices are for illustration purposes only: –
(a) Interactive Plus: –
(b) Video Analytics 5
(c) In-house Maintenance
(d) 24/7 Monitoring
We will then calculate the grand total payable by you after we have calculated the individual termination charges applicable to each respective service, i.e. £50.85 + £34.02 + £42.00 + 16.50 = £143.37 minus £0.75 including VAT for each saved admin transaction, 0.75 multiply by 3 giving a total of £2.25 including VAT, leaves the grand total as £143.37 – £2.25 = £141.12. made up of £117.60 compensation and £23.52 in VAT being the total early termination charge payable to end all subscription services three months before the end of the Minimum Term.
13.7. Unless you notify us in writing, we may charge any early termination charges due to the debit or credit card which you have provided us with when you paid for the installation of your products or that is included in your direct debit mandate. By accepting these terms and our general terms and conditions you authorise us to do so, subject to us giving you reasonable notice before making any charges.
14.1. Any SIM Card provided to you in connection with the goods or services we provide must only be used for the purpose permitted by us (as described in any accompanying user guide(s) or as instructed by us). You confirm and agree that you shall not use the SIM Card in or connected to any device or hardware other than the device or hardware we supply to you and you must not use any product or service in a way which deliberately exploits (or seek to exploits) the SIM Card provided to you and its intended use, including where we suspect disproportionate excessive consumption or the transfer of the SIM Card for personal financial gain.
14.2. If we reasonably suspect that you are not adhering to this fair usage policy (e.g. by transferring the SIM Card to an alternate electronic device), we reserve the right to impose further charges and/ or disconnect your SIM Card or tariff at any time, subject to having first notified you in advance. The charges you are required to pay will be determined by reference to the charges imposed on us by our SIM Card supplier as a result of your breach, calculated at the appropriate date together with the additional administrative costs that we incur in addressing any breach of this fair usage requirement.
15.1. Please see clause 17 of our general terms and conditions which explains the ‘Other Important Terms’ which shall also apply to these terms.