FTLSS TERMS & CONDITIONS’s
FTL Secure Solutions is a division of Fibre Technologies Limited, hereinafter referred to as FTL Secure Solutions. Registered Office: FTL House, Unit 29, Wellington Business Park, Dukes Ride, Crowthorne, Berkshire, RG45 6LS. The customer as detailed in this agreement accepts all included schedules and terms and conditions.
These terms and conditions shall prevail over any prior issued terms and conditions and of any order submitted by the customer for scope of work included within this agreement. No changes to these terms and conditions or included schedules shall be valid unless agreed to in writing by both the customer and FTL Secure Solutions. If notice of change is sent by FTL Secure Solutions, after four weeks without response or rejection, FTL Secure Solutions can assume acceptance of change.
Definitions:-
Customer: The Company or Person/s identified in this agreement.
Company: FTL Secure Solutions Ltd is a division of Fibre Technologies Limited.
Acceptance: Endorsement by an authorised representative of the Customer.
Order: A purchase order or other written directive from the Customer to FTLSS for the acquisition of goods and services or both for agreed costs.
Bespoke: An item of Hardware or Software which has been specifically created or modified for the customer. May include labour not normally associated with FTLSS scope of works.
Ad Hoc: Equipment or scope of work performed outside of this agreement.
Business Hours: 0900 to 1700 Monday through Friday excluding bank, statutory and public holidays.
Service: Repair, replacement, resolution of a reported failure of any item detailed in the included equipment schedule.
Inspection: Visual observation, functional tests, related measurements and associated documentation intended to establish the condition of equipment and integrity of the system.
Maintenance: Regular scheduled visits to perform tasks intended to ensure the reliable performance and longevity of equipment, make minor adjustments and or modifications.
Equipment: Devices, components, parts and associated software covered by the agreement
PASS Test: (Pre-agreement Survey and Service) a chargeable scope of works necessary before the commencement of this agreement.
1. Company Responsibilities:-
1.1 To respond to requests by the Customer within the agreed period to service and or repair, resolve system faults or replace faulty equipment due to failure of any device or product included in this agreement, within any cost limitations set within this agreement.
1.2 To periodically, visually inspect, physically test or make measurements to equipment as deemed necessary by the Company in order to maintain the stability and integrity of the associated equipment.
1.3 To perform scheduled maintenance visits to perform necessary maintenance diagnostics, tests and adjustments. To provide a detailed document of scheduled visits for the Customer and will notify the subscriber if any repairs and/or replacement parts are required. Subsequent repair cost is NOT included in the Annual Maintenance Contract Fee; any additional labour and replacement parts required will be chargeable
1.4 To provide a level of telephone support/assistance as detailed within written agreement.
1.5 To understand be aware of and abide by any Health and Safety standards as set by the Customer or in accordance to the law.
1.6 To understand be aware of and abide by any site rules and regulations whilst performing any maintenance tasks or installation works
2. Customer Responsibilities:-
2.1 The Customer shall notify the Company by means of email to “support@ftlsecuresolutions.co.uk” and via telephone any suspected system or hardware failure.
2.2 The Customer will complete any detailed fault form as requested by the Company to confirm system faults or failures.
2.3 The Customer shall not make any alterations, additions or modifications either accidently or purposely to the system or individual components in part or whole.
2.4 The Customer shall not hold the Company responsible nor make any claims for loss, damage or injury to any persons or equipment arising from negligence or misuse of the equipment or any unauthorised alteration, adjustment or repair.
2.5 The Customer to the best of their ability shall ensure all equipment is protected from environmental damage, obstruction, electrical damage by supply or other connected equipment and abuse.
2.6 The customer shall only use equipment in accordance to the manufacturer’s instruction.
3. Exclusions:-
3.1 All cables are excluded from this agreement unless specified.
3.2 This agreement does not cover any consumable items.
3.3 Any item supplied by the Customer or third party after the contract start date is excluded from this agreement unless otherwise suggested.
3.4 Equipment that becomes obsolete or financially unviable may be excluded from this agreement with prior written notice.
3.5 Items damaged, lost or altered through accident, misuse, abuse, vandalism, acts of terror or environmental damage are not covered by this agreement.
3.6 Faults arising from incorrect operation, avoidable situations or obstructions e.g. Break glass being broken, obstructions to equipment or doors through no fault of FTL Secure Solutions or system failure are excluded from this agreement.
3.7 This Agreement does not and is not intended to cover the cost of corrective maintenance, service repair or any attention required as a result of misuse, neglect, water leakage on to internal equipment, lightning strikes, electrical voltage fluctuations, accidental damage however caused, change of location or environmental conditions, or any other factors beyond our control. It does not cover the replacement of equipment due to the permanent unavailability of spare parts.
3.8 The Company’s liabilities cease if the equipment is tampered with or otherwise interfered with by persons other than authorised personnel.
3.9 In the event of repairs being necessary for the reasons set out above, the Company shall endeavour to repair the equipment, but shall charge for repair or replacement of the equipment. A quotation will be provided for parts required.
3.10 The company shall not be liable for the cost of any reinstatement and/or decoration of the Premises made necessary by the inspection, testing, adjustment or repair of the System. The company is required to ensure that any damage is kept minimal by taking reasonable due care at all times.
4. Requirements:-
4.1 All equipment and system components out of manufacturer warranty to be covered by this agreement are required to undergo a PASS inspection.
4.2 All equipment and system components (or contained locations) in manufacturer warranty is subject to asset labelling.
4.3 Any equipment added to the system or modified in any way by non-Company operatives shall no longer be covered by this agreement unless authorised by the Company in writing with notice.
4.4 All faults are to be reported by means of email and telephone call to your account manager via the support@flsecuresolutions.co.uk email. A detailed description of the fault and location (via asset label advice) must be included on the fault form.
4.5 Bespoke and Ad-Hoc equipment must be clearly identified, else it is at the discretion of the Company as to whether it is covered under this agreement.
4.6 In the event of a requirement for security or other special clearances, the customer shall notify the Company in writing and shall process applications for clearance in a prompt manner; or the customer shall provide adequate escort resources or other accommodations necessary for the service of equipment. Delays due to lack of clearance, shall not be considered as the fault of the Company.
4.7 Unhindered access is required at service, fault and maintenance locations. Time lost through lack of access or obstruction shall be chargeable at standard labour rates as agreed.
5. Payments:-
5.1 Payment is due on the date of commencement of cover unless otherwise stated on the Customers’ invoice.
5.2 Any additional costs incurred for additional services not covered by this agreement are subject to the normal payment terms, i.e. 30 days from invoice date.
5.3 Equipment or systems added to the agreement after its acceptance shall be calculated on a pro rata basis.
5.4 The Company is under no obligation to perform works not specifically stated in this agreement or schedules without the customer issuing a written order for the additional scope of works.
5.5 This agreement shall be subject to a cost review at least every 12 Months.
5.6 The Company reserves the right to increase the annual fee to be offered to the Subscriber upon subsequent renewal. The stated annual fee is fixed at the beginning of the agreement for a 12 month period. Any increase in fees stipulated by the company are advised in writing and subject to agreement by the subscriber.
5.7 The customers requested Callouts are to be invoiced separately upon completion and shall be payable within 30 days upon customer receipt of the invoice.
5.8 During the course of your works, changes to the original agreed job scope may result in additional charges. Your Account Manager will provide a quotation based on the changes agreed whilst the works are being undertaken. The client will be responsible to burden the cost implications of all changes to the original agreed scope of works.
5.9 All equipment that is no longer required as a result of the change in the original agreed scope of works may be chargeable to the client. If the company is able to return these to the supplier, the customer will burden the cost implications of all restocking fees for the equipment purchase by the company.
5.10 All custom and bespoke equipment that has been made to order for the client by the company based on the original agreed scope of works is chargeable to the client and will be non-returnable. If in the event that the original agreed scope of works are changed whilst on site and the custom and bespoke equipment is no longer required, these parts will not be installed and will be left on site by the company for the client and invoiced in full.
6. Default:-
6.1 If the Customer defaults in its obligations under these terms and conditions and such default continues for 30 days after written notice from the Company, this agreement may be terminated, effective immediately by the Company, without liability to either party.
6.2 If the Customer defaults in its obligation under these terms and conditions, particularly if full payments are not received within 30 days after the invoice date, the Company reserves the right to suspend all its obligations until the situation is resolved. If the situation is not resolved within 30 days of written notice from the Customer, this agreement may be terminated by the Company who will also be entitled to recover overdue payments plus interest (5% above the HSBC Base Rate), late payment fees as per current legislation and reasonable costs by way of cancellation charges, usually equal to the three months termination notice.
7. Termination
7.1 The Company will send a proposal for the renewal of your contract three months prior to your contract period expiring. A minimum of three month’s written notice is to be provided to the Company prior to the Customers’ initial term expiring in order to cancel the automatic renewal of your contract.
7.2 Your contract will automatically renew at the rate listed in the new maintenance contract document if written notice is not provided. The Company reserves the right to invoice the Customer for the first three months of the contract on the renewal date. If notice is then provided to the Company in writing the contract will expire after the three month period has elapsed. If no notice is provided, the Customer will be invoiced for the remaining nine months of the contract.
7.3 If notice is given to the Company by the Customer during the initial contract period, the Company reserves the right to charge the Customer for the remainder of the contract period for all third party services that were entered into by the Customer with a minimum term.
8. Denial of Access:-
8.1 The Customer warrants it will not deny the Company access to its premises for the purposes of inspection, installation, maintenance or repair of the goods to fulfil the Company’s contractual obligations. The Customer agrees that if the Company is denied access to its premises or installed goods at any time whatsoever, the Customer will be deemed to be in breach of contract, either express or implied, and that the Company shall be not liable for any loss incurred as a result of its inability to inspect, install, maintain or repair the goods.
8.2 Where the goods are to be delivered and installed by the Company, and it is unable, through the fault of the Customer, to commence installation on the date specified in the contract, the Company shall thereupon be at liberty to invoice the Customer for the goods sold and the invoice shall become payable in accordance with the Company’s terms of payment.
9. Force Majeure:-
9.1 In the event of an outbreak of hostilities (whether war is declared or not) in which the United Kingdom is involved or in the event of a national emergency or if the Company should become either directly or indirectly so engaged on Government orders or orders under priority directions as to prevent or delay the fulfilment of other orders the Company shall be entitled at any time on notice to the Customer to make partial deliveries only to determine the contract without prejudice an any case to rights in respect of deliveries already made.
9.2 Delivery may be wholly or partially suspended and no liabilities shall accrue to the Company therefore in the event of stoppage, delay or interruption to work in the establishment of whether the Company or any supplier during the delivery period as a result of strikes, lock-outs, trade disputes, breakdown, accident, storm, flood, fire, pandemic or failure of third parties to deliver the goods or providing services connected therewith or any cause whatever beyond the control of the Company which has the effect of preventing the Company from carrying out its obligations to the Customer hereunder.
10. WEEE Compliance:-
10.1 The Company is a member of the WeeeCare Compliance Scheme, EA registration WEE/MP3538PZ/SCH. It is the responsibility of the Customer to arrange and pay for the costs of collection of WEEE arising from the purchase of Company products, using WeeeCare. Call 0844 800 2004, quoting the Company’s registration number above.
11. Law Applicable:-
11.1 These terms and conditions and every contract to which they apply shall be subject to and construed in accordance with the laws of England and Wales.
