5.1. 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.
5.2. 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 upgrade please contact us without delay using the contact details provided in our general terms and conditions and on our website.
6. Assistance we require from you
6.1. The extended warranty does not mean that we are (or become) responsible for certain aspects of our product or service. The matters which therefore are and remain your responsibility as set out in our general terms and conditions include: –
(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 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 due 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.
(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.
(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.
7.2. 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, including a proportionate refund for any extended warranty that you may be entitled to for a period of warranty cover not yet 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 in clause 5 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 (which have not yet been supplied to you) 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.
7.3. 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 contained at the end of these terms if you wish to change your mind within 14 days.
7.4. When you don’t have the right to change your mind. You do not have a right to change your mind in respect of services, once these have been completed, even if the cancellation period is still running.
7.5. How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. If you are therefore purchasing an extended warranty as an existing customer (after having already previously purchased a product or service from us) the time limit for changing your mind about that product or service (other than this extended warranty) may have expired.
7.6. Have you bought services (such as those provided as part of our subscription service)?
(a) If so, you have 14 days after the date your products are delivered and installed or your services begin. 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.
(a) 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.
8. How to end the contract with us (including if you have changed your mind).
8.1. 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.actresponse.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.
8.2. 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
8.3. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) 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.
(b) 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.
8.4. 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.
9. Price and payment
9.1. 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 9.3 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
9.2. 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.
9.3. 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.
9.4. 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 (credit card payments are unless specifically agreed subject to a 2% surcharge). Where you purchase an extended warranty from us you may pay the whole sum due in advance or by way of instalments over a period of time as set out in your order form and agreed by us.
9.5. 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.
9.6. 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.
Unless is it specifically identified in this warranty, we will not have any liability to you in any way for the failure of the Equipment to comply with the warranty set out in clause 2.