Terms and Conditions of Sale
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
1.2 WHERE YOU HAVE ASKED US TO PROVIDE ONGOING SERVICES YOU MUST ALSO READ OUR SUBSCRIPTION TERMS WHICH HAVE BEEN PROVIDED TO YOU AND ARE AVAILABLE AT: – https://www.actresponse.com/subscription-terms
1.3 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are ACT Excel Ltd trading as ACT Response a company registered in England and Wales. Our company registration number is 09894672 and our registered office is at Vaughan House, Eggleston Court, Middlesbrough, England, TS2 1RU. Our registered VAT number is 229080513.
2.2 How to contact us. You can contact us by telephoning our customer service team at 08003196960 or by writing to us at email@example.com or Vaughan House, 3 Eggleston Court, Middlesbrough, TS2 1RU.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
2.5 Who do we work with? We have a direct trading relationship with Alarm.com and we offer a range of Alarm.com products and services for sale on its behalf. Alarm.com Incorporated (“Alarm.com”), is a Delaware corporation located at 8281 Greensboro Drive, Suite 100, McLean, Virginia 22102 USA.
2.6 We have a contractual relationship with Alarm.com
(a) By purchasing products or services from us, accessing the Alarm.com website or mobile applications or using our products Alarm.com require you to accept and be bound by its own terms and conditions which are available in hard copy and at: –
(b) For details of the Alarm.com and ancillary products that we sell, the costs of those products and the services and terms associated with them please read our separate terms: – www.ACT Response.com
(c) We do not manufacture the products that we sell. However, nearly all the products that we do sell require some functionality with Alarm.com services, such as its portal and platform. Alarm.com is not a security system provider itself but provides the technology that enables the products and services you purchase from us to function as they are intended. We purchase products and services from manufacturers and providers (such as Alarm.com) and then re-sell them to you as customer. Please speak to one of our sales team at any time if you would like us to explain this in more detail to you.
(d) Before you purchase any product from us it is vital you understand that any products you do purchase will require an ongoing monthly subscription to performance and function as intended. Where you elect not to subscribe to any monthly services there will be limitations to the performance and functionality of your product. For example, you may be able to disarm your alarm but you will lose mobile application, push notifications, CCTV functionality. For details of the monthly subscription services we offer, please read: – https://www.actresponse.com/subscription-terms
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we confirm to you that your order is accepted, either in person, by email or by telephone, at which point a contract will come into existence between you and us. The order form/email confirmation forms part of your contract with us and will confirm:
(a) the price of product(s), services or digital content that you wish to purchase (including any delivery or installation costs that are payable); and
(b) any VAT/ tax that is applicable to your purchase.
3.2 To submit your order request for our approval you will be required to complete a purchase order request form which will be provided to you upon request and pay any deposit required to enable us to accept your order.
3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, for example, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.4 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. Your first order with us will be allocated an order number and we will use that order number as your customer reference number in the future for any subsequent purchases you make. It will help us if you can tell us the order number whenever you contact us about your order.
4. Our products
4.1 Products: means all products, equipment and any component parts ordered by you or any subsequent item of equipment or component parts installed by us at the agreed premises. Please note that the majority of products we sell will require you to pay for the portal/ platform operated by Alarm.com otherwise some or all of the products functionality may not be available.
4.2 Services: means the services we provide in connection with the products we sell such as installation, maintenance and digital content, such as the Alarm.com portal platform. PLEASE NOTE THAT THE SERVICES WE PROVIDE OR AGREE TO MAKE AVAILABLE TO YOU REQUIRE A MINIMUM SUBSCRIPTION FROM YOU OF AT LEAST 24 MONTHS. Please read our subscription terms carefully before you ask to provide any ongoing services to you: –
4.3 On the basis that most of our products require the use of the Alarm.com portal platform too we strongly advise you to read the ALARM.COM terms which are available at: –
We would also strongly encourage you to ask a member of our sales team to provide you with demonstration of the portal platform so that you understand how the product(s) interact with the portal. If you stop paying us for the portal platform then the functionality of your products will also stop or greatly reduce because your access to the portal will be suspended and you will be removed from the platform.
4.4 Products may vary slightly from their description. The images and functionality of the products in our brochure and on our website are for illustrative purposes only. Although we have made every effort to ensure they are accurately represented your product may vary slightly from those images or in terms of functionality or performance.
4.5 Installation and measurements. You are responsible for the installation of any products you purchase . You must ensure that any measurements that are required as part of the installation of any product you purchase from us you are responsible for. Unless we have agreed in writing to install those product(s)
5. Your rights to make changes
If you wish to make a change to the product or service you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you before installation, you may want to end the contract (see clause 10, Your rights to end the contract).
6. Our rights to make changes
6.1 Minor changes to the products, services and digital content. We may change the product, service or digital content we provide:
(a) to reflect changes in relevant laws and regulatory requirements which might include changes relating to health and safety regulations or data protection legislation, for example. Where any changes are necessary we will work to ensure that any changes do not materially affect the nature or quality of the product or service we have provided or will explain the effect of those changes on those products or services.
(b) to implement technical adjustments and improvements or other minor or insignificant changes, for example to address a security threat or to introduce new content or services or to reflect any developments in technology that we are able to provide to you. These changes will not affect your use of the product or service and would hopefully only be made where to do so should eventually improve the product or service we are providing to you. We reserve the right to make minor or insignificant changes which do not affect your product or service in a material or significant way.
6.2 Software updates. Weekly updates are required to the Alarm.com portal in order to allow the portal and your associated products to continue to function. It is your responsibility to ensure that you maintain adequate network connectivity to enable any required software/ performance updates to be completed. If you do not maintain adequate network connectivity or software upgrades are not installed the functionality and performance of your product is likely to be negatively affected and we will not be responsible for resulting changes in performance or functionality. If you have any questions about connectivity or software upgrades, please contact us without delay using the contact details contained in clause 2.
7. Assistance we require from you
7.1 In order to supply the products and services that you have ordered we will require your assistance and co-operation as part of any installation or monitoring service. There are also some things which are outside of our control and we have listed those matters which are either your responsibility or for which we will not be held responsible for at clause 7.2 and clause 7.3 below.
7.2 Those matters for which we are not responsible (and remain your own responsibility on an ongoing basis or are outside of our control) are: –
(a) Connectivity: supplying adequate electrical power and connection to a compatible communications network. Whilst batteries are suitable for some of the products we sell, some products (such as the Panel) will require a cable connection to your mains supply). We can consider options that can reduce the number of cables (such as using GSM or GPRS), but if the products require an established landline, broadband or telephone cable connection, the installation will require a cable.
(b) Emergency two-way voice over a cellular, internet connection or PSTN (public switch telephone network): If the product or services we have agreed to provide include emergency two-way voice over a cellular, internet connection or PSTN, you accept that the two-way voice connection may be interrupted or unable to connect, that the call may be dropped, and that the sound quality may be distorted or impossible to understand due to network or connectivity issues beyond our control. By accepting the emergency two-way voice service you understand and accept the limitations in cellular, PSTN and internet technology and the consequences if the technology does not always operate as intended.
(c) Video or still-photo image cameras: If your services include video or still-photo image cameras, the video clips and still-photo images generated from such cameras are stored on servers and may be viewed by you only for a limited time based on the quantity of storage you have ordered. You agree to use the cameras and associated video and still-photo imaging features in compliance with all laws, including privacy and consumer protection laws, and not for any illegal purposes, including invasion of privacy or illicit conduct, and we may disconnect the cameras from the services if you breach any of these laws.
(d) Image quality and sharing: We do not guarantee the receipt, clarity or quality of any images because these may be adversely impacted by a number of external factors which we cannot control (such as lighting, internet and wireless communication facilities and transmission quality, electrical interference, weather and other conditions). We will only disclose stored video clips and still-photo images to a third party, such as the Government, as strictly required by law or as necessary (e.g. to Alarm.com) to provide ongoing services to you.
(e) Motion sensors: You understand and accept that a motion sensor may (by its nature) be affected by conditions outside our control, which may cause the device to fail to detect, malfunction or provide false readings including but not limited to environmental factors or conditions within your home.
(f) Home automation devices: If the equipment we provide includes home automation devices (such as thermostats, lighting controls and door locks), you understand and acknowledge that such devices may not work together with or necessarily be compatible with certain third party devices and services such as Amazon Alexa, Google assist and Nest.
(g) Third party interference: If the equipment has been incorrectly installed, repaired, reprogrammed or configured by a third party or any information or documentation you have provided is inaccurate, this may result in reprogramming, additional visits or call-out and further charges for you which will be notified to you in advance.
7.3 We require the following from you: –
(a) physical access to premises, access adequate mains power and internet/ WiFi password(s) for the purpose of installation, maintenance and/ or the ongoing performance of the products or services, including the requirement to provide a safe working environment for our staff;
(b) a stable internet connection with at least 2Mbs upload speed for operation to enable the effective performance of our products;
(c) confirmation of (or the opportunity to check) that your premises has an adequate signal strength to detect and enable any sim-card to function.
(d) compatible light fittings and door locks suitable for the installation of our products.
(e) information and documents for any existing equipment located in your house (such as any existing alarm system) that relates to the products or services we have agreed to provide, including providing us with the opportunity to inspect and test such equipment;
(f) obtaining and paying for any necessary consents (such as listed building consent) or licences that might be necessary for the installation of any of our products or services;
(g) advising us immediately if you reasonably consider that something might present a health and safety risk or hazard (such as asbestos) to you or anyone we provide as part of any installation or monitoring service; and
(h) you are responsible for insuring your property and any products or services that we provide to you are no substitute for adequate insurance. We are not an insurer of your property or responsible for the personal safety of persons in or around your property.
7.4 Where a product is not fully functional as a result of any of the requirements identified in clause 7.3(a) to clause 7.3(c) (inclusive), we will work with you to identify a possible solution. Where no reasonable solution is available we will refund the relevant part(s) of the product where incompatibility is an issue. However, please note that where any changes to your internet connection is made (e.g. a new router is installed) you will be responsible for all associated costs, including call-out charges. Any right to cancel that you might be entitled to shall be limited to the relevant part and not to any other aspects of the product or any other products or services and our contracts with you (including any services being provided on a monthly subscription basis will continue in force and you agree to continue to be bound by and adhere to them.)
8. Providing the products
8.1 Delivery and installation costs. The costs of delivery and installation will be notified to you before you place your order and confirmed in your order form. Where the cost of delivery or installation is not specifically stated on your order confirmation it will be included in the overall price of your product.
8.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. We will contact you with an estimated delivery date which, where possible, accommodate the installation date requested on the order form. However, any delivery or installation date provided is an indication only and cannot be guaranteed.
8.3 When we will provide the services or digital content. Any ongoing services or digital content will require a minimum subscription from you and will only begin after your product has been installed. We will also tell you during the order process when and how you can end the contract. Details of the ongoing services and digital content that we provide in relation to our products (and the early termination charges that are payable if you end your contract early) are available at: – www.ACT Response.com
8.4 We are not responsible for delays outside our control. If our supply of a product (or any ongoing services or digital content) is delayed or prevented 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 contract and receive a refund for any products you have paid for but not received.
8.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery.
8.6 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery/ installation we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery/ installation we may end the contract and clause 12.1 and 12.2 will apply.
8.7 If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result, such as the travel and labour costs associated with having to attend your premises. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 12.1 and 12.2 will apply.
8.8 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for all products that you have ordered (and this was not caused or contributed to by you) then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential and this is set out expressly on the order form.
8.9 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 8.7, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
8.10 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 8.7 or clause 8.8, you can cancel your order for any of the goods or reject goods that have been delivered and any related subscription service which has not yet commenced may also be cancelled, subject to any early termination charges that might apply. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must allow us to remove and collect them from you. We will pay the costs of collection. Please call customer services on 08003196960 or firstname.lastname@example.org to arrange their removal and collection.
8.11 When you become responsible for the goods. A product will be your responsibility from the time we deliver it to the address provided on your order form.
8.12 When you own goods. You own a product once we have received payment in full. Any additional services that we provide are subject to an ongoing monthly subscription cost.
8.13 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you such as those set out above at clause 7.3. If you do not give us this information or assistance within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 12.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information or assistance we need within a reasonable time of us asking for it.
8.14 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product or service to:
(a) deal with technical problems (such as those that might arise with Alarm.com) or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 6).
8.15 We may suspend the supply of the products or services if you do not pay. If you do not pay us for the products when you are supposed to (see clause 14.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products or services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 14.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 14.5). We may suspend the service if we have reasonable belief that you may not pay the amounts you owe and we have requested you to explain the position and you have failed to do so satisfactorily. You may also be responsible for early termination charges and other charges as detailed in our subscription service terms: – https://www.actresponse.com/subscription-terms
9.1 If installation of the products is included as part of your order with us then we will provide a suitably competent engineer to carry out any installation. It is your responsibility (and not the responsibility of us or our technician) to ensure that the products being installed correspond with the products you ordered, as set out in your order confirmation. You will be asked to sign and return a satisfaction and completion notice as part of this process (see clause 9.2 below). We may charge you a call out charge of £75.00 if our engineer is unable to access your property for an agreed appointment, for example, if we are unable to deliver the goods due to one of the circumstances contained at clause 8.4, clause 8.5, clause 8.6 or clause 8.7.
9.2 Satisfaction and completion notice. Following the installation process you will be asked to sign a satisfaction notice to confirm that you are happy with the products you have purchased and the installation/ works carried out in relation to those products. We ask you to complete a satisfaction notice so that you have an opportunity to raise any questions or issues that you have with the product(s), services or any aspect of the installation process and we will address those concerns with you.
9.3 We are not responsible for any minor aesthetic damage caused by an installation, such as damage to paintwork.
10. Your rights to end the contract
10.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back, depending on the extent of the fault or issue). Please note that if any part of the product fails to fully function we will remove that part of the system from the price quoted and you will still be liable to pay for the remainder of the product/ system and any other services that relate to those remaining parts.
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 10.2;
(c) If you have just changed your mind about the product, see clause 10.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 10.6.
10.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products or services which have not been provided. The reasons are:
(a) we have told you about an upcoming significant detrimental change to the product or these terms which you do not agree to (excluding any changes referred to at clause 6 above or any minor changes which are capable of being rectified or resolved by us);
(b) we have told you about an error in the price or significant difference in the description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products or services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days;
(e) you have a legal right to end the contract because of something we have done wrong in breach of the legal obligations we owe to you.
10.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought off-premises you have a legal right to change your mind within 14 days from the date of delivery or installation and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. Where you exercise you right cancel a contract for a product you have ordered this may also terminate any agreement you have with us in respect of any related services, such as monitoring services but this will depend on the services you have ordered. Please complete and submit our model cancellation form which is contained at the end of these terms if you wish to change your mind within 14 days.
10.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
(a) services, once these have been completed, even if the cancellation period is still running.
10.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
(a) Have you bought services (such as those provided as part of our subscription service)?
(b) If so, you have 14 days after the date your products are delivered and installed. If you wish to cancel after the expiry of 14 days, you should also refer to our specific subscription terms (available at: – https://www.actresponse.com/subscription-terms) for details of when you are able to terminate (including what notice and payment is required) under our service contract as early termination charges may be payable.
(c) Have you bought goods (for example, a wireless alarm)? if so you have 14 days after the day you (or someone you nominate) receives the product(s) or goods.
10.6 Ending the contract where we are not at fault and there is no right to change your mind.
(a) Where your order relates to the purchase of a product on a one-off basis. Even if we are not at fault and you do not have a right to change your mind (see clause 10.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered, installed and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, you can still contact us to let us know. We will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
(b) Services. A contract for services is completed when we have finished providing the services and you have paid for them. The services we provide are only deemed to have concluded at the end of your minimum subscription term as set out in your order form.
(c) Where there is a minor fault with a product that occurs outside the 14 days cancellation period we will endeavour to fix the particular issue or fault but will calculate what sums are due to be refunded to you in accordance with clause 10.6.
11. How to end the contract with us (including if you have changed your mind)
11.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Email. Email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. Fill in the form at the end of these terms or available online to print off at www.ACT Response.com and post it to us at the address on the form or simply write to us at Vaughan House, 3 Eggleston Court, Middlesbrough, TS2 1RU, including details of what you bought, when you ordered or received it and your name and address.
11.2 PLEASE NOTE THAT IF YOU WISH TO CANCEL A SUBSCRIPTION SERVICE YOU MAY BE REQUIRED TO PAY A CANCELLATION FEE FOR EARLY TERMINATION. FOR DETAILS OF OUR SUBSCRIPTION TERMS AND HOW OUR EARLY TERMINATION CHARGES ARE CALCULATED PLEASE SEE: – https://www.actresponse.com/subscription-terms
11.3 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must allow us to remove and collect them from you. Please call customer services on 08003196960 or email us at firstname.lastname@example.org to arrange removal and collection. If you are exercising your right to change your mind you must arrange collection within 14 days of telling us you wish to end the contract.
11.4 When we will pay the costs of collection. We will pay the costs of removal and collection:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming significant detrimental change to the product or these terms (except those changes referred to at clause 6 above), an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong;
(c) if you are exercising your right to change your mind.
In all other circumstances you must pay the costs of collection unless we agree otherwise.
11.5 If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of removal and collection. The costs of removal and collection will be a minimum of £75.00, with additional charges dependent on the equipment or products being collected and your location which will be notified to you in advance.
11.6 We will refund you the price you paid for the products, by the method you used for payment. However, we may make deductions from the price, as described below.
11.7 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding the cost of collection) to reflect any reduction in the value of the goods due to their use.
(b) Where you have the right to change your mind and the products have been installed, you will be left with aesthetic damage to your property (such as where a detector is removed from a wall) which will remain visible upon removal. We will not undertake any restorative services or reinstall any previous security system.
(c) If we refund you the price paid before we are able to inspect or remove the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(d) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind (including any period of notice that you are required to provide, e.g. to end your monitoring service). The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
(e) In calculating your refund we will take into account the following relevant factors: –
(i) any costs we have incurred already (and are unable to recover) from third parties (such as costs we have paid to Alarm.com) in relation to your order;
(ii) the costs associated with the removal or return of goods;
(iii) the cost of services already provided to you (such as installation); and
(iv) any reduction in value of the goods which are being returned.
11.8 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
12. Our rights to end the contract
12.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, if you fail to provide information or assistance required in clause 7.3;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
(d) you do not, within a reasonable time, allow us access to your premises to supply the services;
(e) you use the products, services or digital content in an unlawful or unauthorised way, such as using our products for any commercial purpose.
(f) upon receipt of a surveyor’s working report we reasonably consider (after liaising with you) that supply and/ or installation of the products/ services you have ordered cannot be fulfilled due to physical or technological constraints that are identified.
12.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 12.1 we will refund any money you have paid in advance for products 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 contract, such as those costs contained at clause 11.7. Where you have a subscription with us in relation to ongoing services you may also have to pay early termination charges if we terminate before expiry of your agreed contractual term: – https://www.actresponse.com/subscription-terms
12.3 We may withdraw the product or services. We may write to you to let you know that we are going to stop providing the product or services to you. We will let you know at least 14 days in advance of our stopping the supply of the product or service and will refund any sums you have paid in advance for products or services which will not be provided.
13. If there is a problem with the product or service
13.1 How to tell us about problems. If you have any questions or complaints about the product or service, please contact us. You can telephone our customer service team at 08003196960 or by writing to us at email@example.com or Vaughan House, 3 Eggleston Court, Middlesbrough, TS2 1RU.
13.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must allow us to collect them from you. We will pay the costs of collection. Please call customer services on 08003196960 or by writing to us at firstname.lastname@example.org or Vaughan House, 3 Eggleston Court, Middlesbrough, TS2 1RU to arrange collection.
14. Price and payment
14.1 Where to find the price for the product. The price of the product (which includes VAT) or service will be the price indicated on your order form before you proceed. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the product or service you order. Your order form will also contain the price of your monthly subscription payment but you must read the specific terms which apply to our subscription service for details of other charges that may apply, including charges for non-payment and early cancellation: – https://www.actresponse.com/subscription-terms
14.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
14.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
14.4 When you must pay and how you must pay. You will be required to pay a deposit where you wish to purchase any product. The amount of deposit required will depend on the product you purchase but will be confirmed on your order form and notified to you before you decide to proceed. Payment may be made either by cash, credit or debit card or by cheque
14.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date 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.
14.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
15. Our responsibility for loss or damage suffered by you
15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We will not be held responsible in any circumstances for any loss or damage in excess of the price you have actually paid to us for the goods and services we have provided.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987.
15.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so except for: –
(a) any minor aesthetic damage caused during the installation process, such as damage to paintwork; or
(b) the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services;
15.4 Where we are not liable: We are not liable in any circumstances for any loss or damage arising from or in connection with your property (such as a burglary or any other event or circumstance that is otherwise capable of being insured against). We are not liable for any technical or performance issues with your equipment that arise in connection with: –
(a) the equipment being incorrectly installed, repaired, reprogrammed or configured by a third party;
(b) making any further use of the equipment after giving notice to us of an issue or potential fault or defect;
(c) any failure by you to store, commission, install, use or maintain the equipment or (if there are none) usual consumer practice regarding the same;
(d) any change to your telephone, broadband and/or network service provider;
(e) the defect arises as a result of us following any specific or other instruction from you which would be outside our normal supply or installation procedure;
(f) the alteration or repair of the equipment by you or a third party without our written consent;
(g) fair wear and tear, wilful or accidental damage, negligence, or abnormal storage or usage.
15.5 The products and services we provide do not and cannot guarantee the security of your property or any persons within it.
15.6 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. As set out above
16. Fair usage
16.1 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.
16.2 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.
17. How we may use your personal information
18. Other important terms
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
18.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if we are not satisfied that your obligations will not be met by the person you are seeking to transfer your rights to.
18.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
18.4 If a court finds part of this contract 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.
18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, 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 the products, we can still require you to make the payment at a later date.
18.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To ACT Response of Vaughan House, Eggleston Court, Middlesbrough, England, TS2 1RU.
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate