Terms of this agreement shall come into force on the date hereof and shall remain in force for an initial period of 1 year and there after. Annually unless, and until determined by the Company under condition 8 hereof or by either party giving to the other not less than one months notice under Scope (Duration) hereof. 

 

When the words listed below appear in this document, they have the following meanings: 

 

Start Date Date on which our services commence at the customer premise. This may differ from this contract signing date. 

 

 

 

1.1 We will carry out the assignment instructions and key collection visit to the system during normal working hours. 

1.2 We will alter assignment instructions during normal working hours when you ask us to do so. Confirmation must be sent on letter headed paper faxed or email. We will not charge you for this. You must pay for all other work and secondary visits, such as key collection, if applicable. 

1.3 Keys will be surrendered to an authorised representative of the client if requested by the client in writing and on termination of the agreement, any uncollected keys will be destroyed after a quarantine period of 3 months to be held at Cava Security Services Ltd. 

1.4 During the hours from 1900 to 0700 Monday to Friday inclusive and from 0700 Saturday to 0700 Monday inclusive and on public holidays we will attend as soon as reasonably possible the premises with the keys herein before to when notified by an alarm signal believed to originate from the alarm or by the police or by the fire brigade or (in case of process alarm) by the subscribed or his/her nominee but not otherwise. 

 

(b) The subscriber shall use his/her best endeavours to ensure his/her premises are safe without risk for our employees, servants or agents to work therein in pursuance of our obligations hereunder. The subscribed shall advise us in writing full details regarding lighting arrangements, trap doors, obstructions, equipment, processes or any pitfall which could adversely affect the health and safety or our employees whilst visiting the premises. Every such hazard shall be adequately lit and or fenced off as appropriate. 

(c) Provide information about you, your premises, your keyholders and any other relevant information so we can provide the services. You must write to us to tell us of any changes to this information immediately. 

(d) Notify your nominated contact that we will contact them as set out in the assignment. 

(e) Operate the system according to the requirements of the specification and any instructions and user’s handbooks we or your alarm installing company issue to you from time to time. 

(f) Be responsible for and compensate us against all liabilities, claims, losses or expenses we suffer if caused: 

• because you or others have damaged or not used the system according to the specification or operating instructions; 

• as a result of the events referred to in condition 4.4 (b). 

 

 

1.5 Domestic subscribers and some commercial properties that have been agreed in writing will receive 24 hour cover. 

In the case of an intruder alarm, fire and or CCTV our servant or agent (“Response Officer/Duty Manager”) who attends the premises will notify the police as soon as possible if he observes any indication that the premises have been forcibly entered or that a theft has occurred but in the case of a fire or a process alarm the response officer will either call the fire brigade or the subscriber or his/her nominee and await his/her arrival. In the event that the subscriber of his/her nominee is not available our responsibility ceases without any further liability to Cava Security Services. 

 

1.6 If the premises have not been forcibly entered and no theft is apparent the response officer will first of all inspect the alarm control panel in order to identify the circuit giving the alarm and then reset the alarm, except that if for any reason he/she is unable to re-set the alarm the fast response officer will call the alarm installer to provide a service engineer and remain on the premises until the engineers arrival. If for any reason the fast response officer id applicable is unable to remain on the premises he will notify the subscribed or his/her nominated contact and await his/her arrival. We will make a separate charge for any extended attendance of the response officer and for the patrolling of the premises by a mobile patrol in accordance with condition 8 (1) hereof. 

 

(g) Tell us at once: 

• of any defects or fault in the system; 

• if anyone tampers with the system; 

• if any part of the system is damaged or stolen; or 

• if the system has been subjected to any unusual operating or environmental conditions. 

(h) Pay your telephone, electricity and other utility bills which the system requires so that the services are not affected. 

(i) Keep any detection devices clean from cobwebs enabling them to function correctly. 

(j) Close all windows and doors to prevent fake alarms from the climate. 

 

1.7 The service engineer will attend if called upon by the response officer and such engineer is hereby authorised to and will carry out such work as is in his absolute discretion is necessary in order for the alarm to be reset by the response officer. 

1.8 We shall be under no obligation to take any action hereunder if the subscribed is in arrears of payment of monies due hereunder. 

1.9We cannot assume the powers of civil police. 

1.10 Upon a visit at your premises, full details will be left if available on your site in the form of “Response Officer and Attendance Document”. 

1.11 We reserve the right to apply parking and congestion charges. 

1.12 We will follow any assignment instructions given at the time the assignment instruction are obtained or if written confirmed ammendments have been received giving no less 24 hours notice for amends to be put into our control system. 

 

2. What you must do 

2.1 The subscribed shall supply to us a set of keys for the locks to the premises to enable the response officer (as defined in condition 1.4) to gain entry to the premises and shall deliver to us further keys for any locks that may be changed on the premises within seven days of such change. If our reasonable opinion is that it is necessary for any reason to change the locks for which we hold keys, the subscribed shall so change the locks entirely at his/her own expense upon receipt of written notice to that effect. 

2.2 The subscribed shall clearly mark such keys so as to enable the response officer to identify them easily. We will hold a maximum of ten (20) keys excluding the keys to the cabinet mentioned below if a greater number is required to enable the response officer to carry out his duties as described in sub-clause (1) of this condition then the subscriber shall provide a key cabinet to us. All keys contained in such shall be clearly marked. this cabinet to be located in a mutually agreed position. 

(a) The subscriber shall also provide us with a alarm fob and master code to disarm and interrogate log or arrival of such activation. 

2.3 You may need the approval or permission from the fire service, police or another authority to allow us to provide the services. You must also; 

(a) make any necessary agreement with these authorities; 

(b) provide any information they need; 

(c) pay for the relevant approval or permission; 

(d) meet the requirements of any of these authorities at all times to maintain their approval; 

(e) tell them if any information you have given them changes; and 

(f) if any approval is amended or ends, you must write to us as soon as you find out. 

2.4 You must also do the following: 

(a) Use your best efforts to make sure that your premises and any equipment you provide are safe and without risk for our employees, staff or sub contractors to do what we must under this agreement. You must also tell us about any known risks and any hazardous materials at 

your premises. 

(b) The subscriber shall use his/her best endeavours to ensure his/her premises are safe without risk for our employees, servants or agents to work therein in pursuance of our obligations hereunder. The subscribed shall advise us in writing full details regarding lighting arrangements, trap doors, obstructions, equipment, processes or any pitfall which could adversely affect the health and safety or our employees whilst visiting the premises. Every such hazard shall be adequately lit and or fenced off as appropriate. 

(c) Provide information about you, your premises, your keyholders and any other relevant information so we can provide the services. You must write to us to tell us of any changes to this information immediately. 

(d) Notify your nominated contact that we will contact them as set out in the assignment. 

(e) Operate the system according to the requirements of the specification and any instructions and user’s handbooks we or your alarm installing company issue to you from time to time. 

(f) Be responsible for and compensate us against all liabilities, claims, losses or expenses we suffer if caused: 

• because you or others have damaged or not used the system according to the specification or operating instructions; 

• as a result of the events referred to in condition 4.4 (b). 

(g) Tell us at once: 

• of any defects or fault in the system; 

• if anyone tampers with the system; 

• if any part of the system is damaged or stolen; or 

• if the system has been subjected to any unusual operating or environmental conditions. 

(h) Pay your telephone, electricity and other utility bills which the system requires so that the services are not affected. 

(i) Keep any detection devices clean from cobwebs enabling them to function correctly. 

(j) Close all windows and doors to prevent fake alarms from the climate. 

 

3. What you must not do 

3.1 You must not transfer or assign any of your rights or obligations under this agreement 

 

4. Our liability to you 

4.1 Neither ourselves nor our servants or agents shall be liable in respect of the value of any property stolen damaged or destroyed wholly or partly as the direct or indirect result of; 

(a) Any neglect or default of whatsoever kind consistent with the proper performance of its duties under this agreement of ourselves, our servants or our agents. 

(b) Any temporary emergency repairs effected by us or of the work carried out on the instructions of the subscriber to the alarm or materials associated therewith including any temporary disconnection of any section or part of the alarm and being clearly understood that by their very nature such temporary or emergency repairs may not comply with the requirements of the National Approval Council For Security System. 

4.2 The subscriber shall indemnify us and our servants and agents in respect of any loss, damage or injury sustained whilst on the premises caused by reason of the unsafe condition of the premises or howsoever. 

4.3 Without prejudice to the foregoing, our liability and that of our servants and agents arising out of or howsoever in connection with this agreement or any services performed or agreed to be performed hereunder (including wilful misconduct and fundamental breach) shall in no event exceed the sum of 

£10,000 (inclusive of all fees and expenses) being our insurance limit PROVIDED THAT a higher limit may be arranged at additional cost upon application to us. 

4.4 We are not responsible for the following: 

(a) Loss due to the acts or neglect of any other person including you, the alarm installer, the provider of the telephone line, RedCARE or other type of communication technology, a police, fire or other authority or individual. None of these are our agent for any purpose. 

(b) Delays, interruptions or suspensions in providing the services, which are due to any other person (including you), thing or event which we could not reasonably be expected to prevent. 

(c) We will use reasonable endeavours to ensure that we carry out our obligations under the agreement within a reasonable time. 

(d) Time shall not be the essence in relation to the performance of our obligations. 

(e) Losses resulting from: 

(i) the police, fire or other authority failing to act in accordance with emergency response; 

(ii) a signal transmitted to the Alarm Receiving Centre not being received by us for reasons beyond our control. 

4.5 Our responsibility stops if the agreement is brought to an end or the services are suspended under condition 7. 

4.6 We may assign all or any of our rights under this agreement and may perform any of our obligations through sub-contractors and or agencies. We may assign our obligations to a subsidiary company of The Cava Security Services Ltd without consent of the customer. 

 

5.1 You are responsible for the charges applicable as set out on page 1 of this contract. The charges exclude VAT, which is payable by you at the rates current from time to time. 

5.2 After the first year from the start date and in the years following, we can increase the service charge, on page 1 of this contract, to cover an increase in the cost of providing the services. We will tell you in writing of the increased amount which will take effect from the anniversary of the start date. 

5.3 You are also responsible for the following extra charges: 

(a) taxes, fees, charges or false alarm assessments set by the police, fire, other authority due to the installation or operation of the system. 

(b) Any extra charges or charges for work done by police, fire, other authorities or other parties. 

5.4 You must also pay us extra charges at our rates for labour and materials current at the time where the following apply: 

(a) Faults are caused by you or any other person, thing or event which we could reasonably be expected to prevent. 

(b) You ask us to change the system or we need to change it because of changes in your premises, including key collection due to lock changes. 

(c) You break one of the conditions of this agreement. 

(d) Any replacements, repairs or modifications to the system are needed but are not covered by the guarantee or by the services, or are needed as a result of a change in a relevant standard or regulation governing the system. 

(e) You ask us not to carry out tests on any part of the system which involves us in additional work. 

(f) Call out charges in response to you, your nominated contacts or an ARC instruction of an alarm activation or problem regardless of it being confirmed. 

(g) The system needs inspecting, resetting, repairing or replacing in circumstances where: 

• you, your nominated contact or someone else has failed to follow operating instructions, has not locked, closed or secured a window, door or other protected point, has not used or adjusted the CCTV, other equipment or components properly or has interfered with the system; 

• rodents, other animals or insects cause damage to or activation of the system; 

• there is a problem on the telephone line or connection; 

• adverse weather conditions or adverse industrial atmosphere cause damage to or activation of the system; 

• extinguishing liquids or gas or propellant cartridges are discharged for whatever reason. 

• faults arise in the system as a result of work carried out by police, fire or other authorities or by any telecommunications agency or other parties. 

5.5 There will be an additional charge if: 

(a) you do not provide full access to the areas where our engineers or our response officers carry out the services; or as a result of which we incur extra time or expense. 

5.6 Whilst we will make every reasonable effort to work with you or others, any interruptions or delays caused by you, your staff, customers or others may result in additional charges. 

5.7 If this agreement is brought to an end under condition 7, the following will apply: 

(a) You will owe us the charges and any other money due to us but not paid at the end of the agreement; 

(b) If you have already paid us more than the amounts due under (a), we will refund any overpayment less any administration fee; 

(c) We may also take further action against you if you have broken this agreement. 

 

 

6.1 Unless otherwise agreed all sums payable under the agreement shall be paid on demand without discount. 

6.2 You must pay the service charges set out on page1 of this contract in advance by cheque, bacs transfer or standing order. 

6.3 You must pay all the charges under conditions 5.3 to 5.7 within 30 days of the date of our invoice or our request for payment. 

6.4 You must pay all other amounts within 30 days of the date of our invoice or our request for payment. 

6.5 We expect you to pay promptly. If payment is overdue, we will charge you interest, from the date of our invoice or when we ask for payment until the date you pay, at 8% over the base rate of Lloyds TSB Bank plc. 

6.6 In the event of increase in the cost of labour, materials or overhead expenses in carrying out our obligations under this agreement (or existence and amount of which increases the certificate of the secretary or other authorised official of our company shall be evidence) or in the event of the imposition of new taxes or the revising of existing taxes we shall be entitled to increase the sum payable hereunder (whether or not such has been paid in advance) such increase to come into effect on the date such imposition or (where no such approval is required) on the day appointed by us whereupon the amount of such increase as applies to the unexpired balance of any period in respect of which sum has been paid in advance shall become immediately due and payable. 

6.7 We do not accept post-dated cheques. 

 

7.1 We may end this agreement by giving you at least 3 months’ notice in writing at any time. 

7.2 You may end this agreement by giving us at least 3 months’ notice in writing at the end of the fixed period or on a subsequent anniversary of the start date. 

7.3 After the initial 30 days of the agreement, on termination, if accepted by Cava Security Services Ltd, a pro-rata refund will be made of the annual key holding charge, 

in respect of the unexpired term of agreement, less our survey & adminstration fee charged at our prevailing rate. 

7.4 We may either end this agreement or suspend the agreement for a period we consider appropriate if any of the following apply: 

(a) You fail to make payment under condition 5. 

(b) You commit a serious breach of this agreement, or one which has serious consequences. 

(c) You commit any breach of this agreement which can be corrected by you, and you do not put matters right within 14 days of our telling you that you have broken the agreement and must put it right. 

(d) If you enter into any kind of arrangement or settlement with your creditors or if a receiving order or adminstration order is made against you, or if an order is made or you pass a resolution for winding up or you are dissolved. 

(e) If any legal proceedings are taken against the system or your premises or any part of the premises. 

(f) If you fail to follow any recommendations we make for repairing or replacing faulty or old parts of the system, or for repairs to you premises which we consider necessary for the system to work properly, or to prevent unnecessary damage to the system. 

(g) If you do not follow the operating instructions or if, for any other reason which is or should be within your control, there are an excessive number of false alarms. 

(h) If you change your premises in such a way that we believe it is no longer practical for us to carry on providing our services. 

(i) If the police, fire or other authority take away their approval, or will only give their approval depending on conditions, which we believe make it no longer practical to carry on providing our services. 

7.5 If we give you written notice of suspension, this suspends what we have to do under this agreement (see condition 1) and we have no responsibility until the suspension is lifted or the agreement ends. We will tell you in writing if we lift the suspension. 

7.6 Any notice to be given by either party to the other party may be served by sending the same by prepaid post addressed to the other party in the case of us to our registered office or in the case of the subscriber at the premises. Any notice so sent shall be sufficient to show that the letter containing the same was properly addressed and posted. 

7.7 If the agreement ends, we stop providing our services, You must inform your Alarm Receiving Centre or alarm company to reprogram the Auto Dallier to remove our contact details immediately to prevent further charges at our prevailing rates for calls made to our Company. 

 

8.1 Any failure by us to perform any of our obligations by reason of any cause beyond the control of ourselves, including without limitations, strikes, lockouts, other labour disputes, weather conditions, fire, flood, lighting, traffic congestions, mechanical breakdown, obstruction of any public or private roads or highway, shall not be deemed to be a breach of this agreement. 

8.2 We may hand over all our responsibilities under this agreement to another company or transfer any rights under it. We may also employ others to carry out our tasks. This will not reduce your rights under this agreement. if we incur liability to a sub-contractor or other third party in relation to the services which is in excess of our liability under condition 5, you shall indemnify us against that excess. 

8.3 The subscriber and ourselves shall treat all information obtained under this agreement as confidential. 

8.4 If you have made this agreement together with someone else, you are liable both jointly and individually to us. 

8.5 Data Protection Act 1998. We may pass on the information you have given us under this agreement to any police, fire or other authority and, except for security details, to any credit reference or debt collection. 

8.6 This agreement is governed by the laws of England an Wales and the parties submit to the exclusive jurisdiction of the English Courts. 

8.7 We intend that all conditions of this agreement are in this document and the specification. 

8.8 If you or we want to change the conditions of this agreement, it must be done in writing and signed by you and by one of our directors. 

8.9 If we do not insist on the strict conditions of this agreement, we may still enforce all the conditions against you on other occasions. If you break a condition and we do not take any action against you, it does not mean that we will not take action against you if you break it again or continue with the same breach without putting it right, or if you break any other conditions. 

8.10 If a court finds that part of this agreement is not enforceable but can be kept separately from the rest of the agreement, this will not affect the remainder of the agreement. 

 

Regarding the patrol/key holding service, in the interest of keeping the costs of these services to a reasonable level, visits by a patrol/response officer to the subscribers premises under that service, will be part of a round or rounds of visits made by the patrol/response officer to the premises of other subscribers of ours. The pattern of such visits may be subject to delay, interruption or omission as a result of the patrol/response officers being involved in dealing with an incident or suspected incident at the premises, other than those of the subscriber in the course of the service. The subscriber and ourselves agree that any such delay, interruption or omission shall not be a breach by us, our servants or our agents of any duty under any express or implied term of this contract. 

 

General - once you have signed this agreement the following will apply: 

You will legally have to keep to its terms. You should read it carefully 

before signing. If there is anything which you do not understand, please ask before you sign. 

You have confirmed that you have read the terms and conditions in this document which are part of this agreement. 

 

You have acknowledged that your details (and those of your nominated 

contacts) may be held on the police, fire or other authority computer files under the conditions of the Data Protection Act 1998. You must tell us of any changes 

in such details immediately. We have the right to share your details with the credit reference agencies so we can assess our credit risk. 

See also condition 8.3. 

You must continue with this agreement for a least 1 year.