Important Information – You Should Read This Carefully
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 personal details completed on the assignment instructions (and those of your key holders) may be held on 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.
- Cava Security Services Limited have the right to share your details with credit reference agencies so we can assess our credit risk. See also condition 11.3 on page 7.
- You understand that this agreement is for a minimum of 36 months, if you cancel the agreement during this period you may be liable to pay all or a proportion of the monitoring, maintenance and service charge for the remainder of that period, this is dependent on when you cancel the agreement.
- You understand that you may be required to complete and sign the Police Sites Risk and Hazards form which has been supplied to you.
- You understand that the telephone line which the System will use broadband must be maintained and may be cut off by your supplier if payment is not made which will then affect our ability to monitor your system. We will monitor your system for loss of connection and advise you as agreed in the associated flow charts that our controllers will operate from.
Right to Cancel: You have 7 working days from the date of this agreement during which you have the right to cancel the agreement. You must do this in writing to Cava Security Services Limited informing us that you wish to cancel. If you cancel the agreement, any money you have paid must be returned to you and you will not have to make any further payment. If you already have received any equipment under the agreement, you should not use it and must keep it safe. You can either return the goods yourself or wait for them to be collected. You need not hand the equipment over unless you receive a written request.
Definitions
CCTV - Closed Circuit Television
Control Room - The restricted area within a secure office located within Cava Security Services Head Quarters to where signals are transmitted from your CCTV System and are monitored.
Emergency Response - Cava Security Key Holding Services and any other Emergency services levels such as the Police and or Fire Brigade whom we contact to inform them of incidents deemed as criminal by the controller/s. The Controllers may only dispatch the Key Holders if the incident does not warrant the Police and or which have been previously been installed at your Premises, this is the date we Fire Brigade to check the premises and assets outside of the premises recommission the System.
pending further investigation.
Key Holder - Person or third party, not Cava Security Key Holding Services you have chosen to hold the keys to your Premises and to go to your Premises if our Controller tells them of any incident that requires attendance or that the Controller requires authorisation to isolate cameras if required to do so for a set amount of time.
Premises - Your home or Commercial, other buildings, or Premises where the CCTV System is installed.
Routine Inspection - The inspections of the System in each 12 month period from the Start Date which we make at the Premises or remotely. We will decide on the timing of an agreed and suitable time to perform such work as access may be required.
Schedule - Setting out details of the System Equipment that is covered by the service levels.
Start Date - For new Systems, this is the date we finish installing the System. For Systems which have been previously been installed at your Premises, this is the date we recommission the System.
Design SLA - What is agreed to how the system is to operate such as how is the system to be armed when the customer leaves the premise. This will include any amendments and instructions we issue to you from time to time.
We, our, us - Cava Security Services Limited
You - You the customer with whom we make this agreement. Details obtained regarding risk assessments and your instruction brief. We will contact the Emergency Services (Police/Fire Services), your key holding service provider and or your nominated out of hours contact.
Service Level - The services described below.
Standard:
covers one annual routine inspection to the system by us during normal working hours and any repairs and replacement of parts which are found necessary as a result of equipment malfunction within 365 days of the start date of this agreement. All other visits and repairs are chargeable thereafter and also subject to 8.5 & 8.8
Comprehensive:
covers in addition to Standard cover; any out of hours repairs and replacement parts and any repairs and replacement of parts which are found necessary as a result of equipment malfunction for the entire 36 months of the agreement. In addition to this any repairs and replacement parts and repairs as a result of normal wear and tear of the system parts.
Limitation of Liability
Only you know the value of your Premises, its property and contents and the importance of your personal safety. Cava Security Services Limited is not and cannot be an insurer of you. your premises and its contents and Cava Security Services Limited charges are in no way related to their value. The fire and security industry is unique having regards to the relatively low cost of the Services and the high values which can be at risk. For this reason, we limit the amount of our liability and the most Cava Security Services Limited will be prepared to pay in aggregate for loss caused by Cava Security Services Limited negligence (except where Cava Security Services Limited negligence causes death or personal injury) is £150,000 and the most Cava Security Services Limited will be prepared to pay in aggregate for other loss is £30,000. You should also read Condition 6 on page 5 & 6. If you would like to increase this limit, you will have to pay an extra charge so we can arrange the appropriate insurance to cover us for the extra liability, the level of which has to be agreed. In such case, you will have to give us any information our insurers may need.
Sale Agreement Terms and Conditions
1. What we do
1.1 For new Systems, Cava Security Services Limited will send and install a System which meets the System Design Proposal agreed by you and provide monitoring, maintenance and service on these terms and conditions.
(a) All newly commissioned sites will be subject to a 7 day soak test. This way Cava Security Services Limited can identify any trends in the protected environment (e.g. animal runs, slight adjustment required to detectors etc) and ensure there are adequate lighting levels. During this period, upon receipt of an activation, we will call your nominated key holders and the police if required as set out in the attached flow chart. During this time activations will be passed to systems to assess the configuration and false alarm trends. Corrective action will then need to be carried out before the system is taken off soak test. Failure to take the requested corrective action will result in an extension of the soak test period.
(b) An entry/exit route will be programmed with a delay on the covering detectors so to reduce the possibility of false activations upon staff entering or leaving the site.
(c) Upon receipt of alarm activations from a set system, any site that is not secure and/ or allows access to the general public, will receive a standard tannoy announcement.
(d) Cava Security Services Limited will not be responsible for any daily setting or un- setting of your CCTV system. Or be held responsible for any loss/or subsequent loss, damage due to your system failing to send/receive data signals, due to your on- site system failing or loss of the telephone/data lines to our control room.
(e) In the event of an activation, the Control room CCTV operator will monitor all visible activity on site. If the cause of the activation is not identified within the design of the system then (if the system allows) a full tour using the appropriate cameras will take place. If the activation is obviously down to wildlife, environment or staff, it will be closed down with no further action.
(f) In the event of a video loss signal or any other form of exception the reporting operator shall carry out the procedures as stated in the company procedural flow chart.
(g) In the event of multiple false alarm activations occurring from the same device within 30 minutes for no identifiable reason, or for reasons determined to be environmental, animal, nuisance or poor positioning of detectors looking beyond the bounded property, the control room operator will disable the specified detector. Your nominated key holder will be notified of this, and informed that the detector will not be re-enabled until they have the false alarm causes investigated and eliminated.
(h) If the site is considered to be clear (which will be determined by the instructions provided on the response plan) the control room operator will cancel the activation and enter the comments into the customer log incident report.
(i) Cava Security Services Limited will maintain a digital record of all CCTV pictures received on activations for a period of 31 days from the date of the activation to comply with Data Protection Act.
(j) In the event of loss of monitoring facilities at Cava control, data from affected systems will be routed to our backup server, if this is not achieved in less than 15 hours then the customer will be notified so that systems can be monitored locally on site. Cava Security Services Limited will not be held responsible for any costs, loss or damage incurred for this event.
1.2 For Systems which have previously been installed at your Premises:
(a) unless you tell us otherwise, we assume that the System, and the wiring and cabling associated with it, already comply with the relevant standards and are in full working order.
(b) if you wish us to carry out an initial test of the System, we will give you a separate quotation detailing our changes and the work needed to repair, reinstate or reconnect any parts of the System which are not in full working order.
(c) if an initial test is not carried out: we cannot confirm that all parts of the System are in full working order; and we reserve the right to carry out a full test of the System at any time and to give you a quotation as referred to in condition1.2 (b) above.
(d) we are only required to inspect part of a CCTV System during each Routine Inspection: as a result, all parts of a CCTV System will not be inspected until 12 months have elapsed from the start date.
(e) we will not be able to confirm that cables and wiring which have been installed within the fabric of the Premises, or buried underground, conform to the relevant standards.
1.3 We will carry out the Routine Inspections to the System during Normal Working Hours.
1.4 We will repair the System during Normal Working Hours when you ask us to do so. We will not charge you for the repair if it is covered by our guarantee in condition 5 or if it is covered by the service level you have chosen. You must pay for all other work and visits - see conditions 8 and 9.
1.5 If you ask us to do so, we will visit your Premises outside Normal Working Hours. There will be an extra charge for this, unless this is covered by the service level you have chosen.
1.6 After the Start Date, there may be delay while:
(a) the telecommunication links between the Premises and the Alarm Receiving Centre are set up and activated; and
(b) the registration period set by the police or another authority is completed to their satisfaction. During this period, our ability to respond to signals we receive from the System at the Alarm receiving Centre will be limited.
1.7 After the period referred to in condition 1.6;
We will monitor the signals received from the System at the Alarm receiving Centre. If you do not have and keep the approval of the police, fire service or other authorities under condition 2.1, we will only provide part of the Services which does not need this approval.
1.8 If you do not have and keep the approval of the police, fire service or other authorities under condition 2.1, we will only provide part of the Services which does not need this approval.
2. What you must do
2.1 You may need the approval or permission from the police, fire service 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.
System. You shall move any materials, ceiling tiles and other objects obstructing access to the System or any part of it.
2.2. You must also do the following:
(a) Give us access to your Premises so that we may provide the services for the System. You shall move any materials, ceiling tiles and other objects obstructing access to the System or any part of it.
(b) Use your best efforts to make sure that your Premises and any equipment you provide are safe and without risk for our employees and agents to do what we must do under this agreement. When you place your order, you must also tell us the location of any concealed pipes and wires which may affect the System and the Services and about any known risks and any hazardous materials at your Premises.
(c) Provide and maintain a dedicated 240 volt AC unswitched power supply to each part of the System and sound electrical earthing connection where it is required for us to carry out the services. The power supply must be installed by an approved electrician to the relevant regulations and must be safe.
(d) 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.
(e) Notify your keyholders that we will contact them and may need to write to them.
(f) Operate the System according to the requirements of the System Design Proposal and any instructions and user’s handbooks we issue to you from time to time.
(g) 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 connection of the System to any equipment or device not supplied by us;
or
- as a result of the events referred to in condition 6.6(c).
Paragraph (g) above does not affect our liability under condition 6.
(h) Tell us at once:
- of any defect 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.
(i) Provide a telephone line in your Premises and pay your telephone, electricity and other utility bills which the System requires so that the Services are not affected.
(j) log down, giving details of every activation or event affecting the System, including false alarms;
(k) Notify us in writing if you wish to keep any parts of the System which we replace; otherwise, we will immediately dispose of all replaced parts;
(l) Keep any CCTV lenses and monitor screens clean and free from dust and grime to enable them to work satisfactory;
2.3 (a) Read, amend (if deemed necessary) and sign the response plan.
(b) Ensure all authorised persons on site are informed that they should operate in a way that will minimise the occurrence of spurious activations as a result of their presence. In particular they should be made aware that if entry to the site is made, other than by the defined route the control room operator should be notified in advance.
(c) There should be sufficient lights on site to illuminate the scene.
(d) The picture seen at Cava Security Services Limited should be sufficient quality to enable a target to be verified during day and night conditions.
(e) The customer and/or its agents shall not add or modify in any way the CCTV system at the premises without first advising Cava Security Services Limited and without written agreement of Cava Security Services Limited to monitor the modified system.
(f) Access to the CCTV system and transmission equipment should be controlled through Cava Security Services Limited to avoid a breach of security.
3. What you must do
3.1 You must not move or interfere with our equipment or attempt to repair the System or allow other to do so.
3.2 You must not transfer or assign any of your rights or obligations under this agreement.
4. The purpose of the System
4.1 The System is designed to reduce the risks of loss or damage to your Premises so far as this can be done using this type of equipment. However, we do not guarantee that the System cannot be removed, tampered with or made to stop working by you or by any unauthorised person. If this happens, we are not responsible for any losses you may suffer directly or indirectly.
4.2 We do not guarantee to you that:
(a) particular losses or injuries will be prevented by using the System;
or
(b) that the System will work continuously and without errors, where interruptions or errors are due to something beyond our reasonable control.
4.3 Our products are designed and manufactured to high standards. However, even our products, like all mechanical and electronic devices, can develop faults.
4.4 We do not know the value of your Premises, or its contents and the purpose of this agreement is not to act as insurer of your Premises or your contents.
5. One year guarantee
5.1 We guarantee that we will repair faults in the System free of charge within 12 months from the Start Date. This guarantee does not apply to the matters stated in conditions 5.2 and 5.3.
5.2 The guarantee in condition 5.1 does not apply to equipment previously installed at your Premises.
5.3 The guarantee does not apply to faults caused by the following:
(b) Incorrect adjustment or positioning by you or others of any part of the System.
(c) Consumable items of all kinds failing. Consumables are items with a finite life such as lamps and batteries.
(d) Work carried out by police, fire or other authorities, or by any telecommunications agency or other party.
(e) The circumstances referred to in conditions 8.5 to 8.8.
6. Our liability to you
6.1 We will try our best to install the System within a reasonable time and we accept no responsibilities for delays in installation which are outside our control.
6.2 During the period referred to in condition 1.6 we are not responsible for any part of the services which we are not then able to provide.
6.3 We accept that we must make sure that the System is of satisfactory quality, that is suitable for the purpose in condition 4 and that the System will meet the description provided before it was installed. We confirm that we are entitled to sell the System to you.
6.4 (a) As well as the responsibility which we accept in condition 6.3, we accept responsibility for death or personal injury caused by our failure to take reasonable care or to use reasonable skill and we accept responsibility for liability for any fraud by us.
(b) For all other liability resulting from our negligence, the most we will pay for loss in aggregate is £150,000 and for all other liability the most we will pay in aggregate is £30,000. We have worked out our service charge based on this limit of liability. If you would like us to increase the limit, you will have to pay an extra charge so we can arrange the appropriate insurance to cover us for the extra liability, the level of which has to be agreed.
6.5 Apart from those responsibilities accepted by us under condition 6.3 and for fraud, death and personal injury under condition 6.4(a), in all other situations we do not accept responsibility for any indirect loss which depends on us having special knowledge of your affairs which we would normally know, even if the loss is due to our fault.
6.6 We are not responsible for the following:
(a) Losses in relation to Systems installed at your Premises prior to the date of this agreement arising:
before the completion of our first Routine Inspection visit to the Premises; or during the first 12 months from the Start Date as a result of that part of a CCTV System which has not yet been inspected - see condition 1.2(d).
(b) Loss due to the acts or neglect of any other person including you, the provider of the telephone line, Redcare or other type of communication technology, a police, fire or other authority or individual. None of these is our agent for any purpose.
(c) 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.
(d) Loss due to the fact that equipment or cabling not supplied by us is connected to or installed near the System.
(e) Losses resulting from:
(i) the police, fire or 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;
(iii) the failure of any cables or wiring installed within the fabric of the Premises or buried underground prior to the start date;
(iv) the activation of a circuit breaker which affects the power supply to any part of the System; or
(v) any other cause beyond our reasonable control and not caused by our lack of reasonable care.
(f) Losses due to you failing to follow our recommendations in conditions 7, or given at any time for additions, repairs or any work required to the System.
(g) Losses outside the purpose of the System in condition 4.
(h) Damage unavoidably caused to decorations, fittings, and the like at the Premises as a result of the installation of the System or our providing the services.
6.7 Our responsibility stops if the agreement is ended, or the Services are
suspended under condition 10
7. Our recommendations to you
7.1 Because of the purpose of the System in condition 4, the limits of the guarantee in condition 5, and the limits of our responsibility to you in condition 6, we strongly recommend that you should take out separate insurance to cover your Premises and the persons at the contents of your Premises.
7.2 We recommend that you only use one telephone line for the System and that you use an enhanced signaling System which is designed to detect line faults, line cuts or tampering with a telephone line.
7.3 We recommend that you insure the System from the time it's delivered to your Premises.
8. What it will cost you
8.1 You are responsible for the charges on the front of this agreement. The charges exclude VAT unless Consumer signs the agreement, if the rate of VAT changes during this agreement, you will be responsible to pay VAT at the new rate.
8.2 (a) After the first year from the Start Date and in the years following, we can increase the service charge to cover an increase amount which will take effect from the anniversary of the Start Date.
(b) If you do not agree with the increase, you have one month from the date of receiving our request for payment to end the agreement by giving 3 months’ notice in writing to us. Until the end of that notice period, you will still have to pay the service charge without the increase and we will continue to provide the services
8.3 The telecommunication charge may be changed to cover any increased cost to us of providing or changing the telecommunications services relating to the monitoring of the System. The telecommunication charge may also be changed to cover any increased cost imposed by the Police, fire or other authority or by a telecommunications agency or any other organisation.
8.4 You are also responsible for the following Extra Charges:
(a) Installation and rental charges for connection facilities between the System and the Alarm Receiving Centre.
(b) Taxes, fees, charges or false alarm assessments set by the police, fire or other authority due to the installation or operation of the System. This does not apply if a false alarm assessment arises from faults which are covered by our guarantee in condition 5.
(c) Any extra charges or charges for work done by police, fire or other authorities, or by any telecommunications agency or other party.
(d) Controllers connecting to the site CCTV NVR/DVR to perform additional services to that of reacting to a monitoring alarm incident.
8.5 The time where the following apply:
You must also pay us extra charges at our prevailing rates for labour and materials;
(a) Faults are caused by you or any other person, thing, or event which we could not reasonably be expected to prevent.
(b) The System Design Proposal or service level says that there will be a charge.
(c) You have asked us to visit your Premises outside Normal Working Hours, unless this is covered by the service level you have chosen.
(d) You ask us to change the system or we need to change it because of changes in your premises.
(e) You break one of the conditions of this agreement.
(f) You ask for help from us under the guarantee in condition 5 but the guarantee does not apply.
(g) Any replacements, repairs or modifications to the System are needed but are not covered by the guarantee or by the service level or are needed as a result of a change in a relevant standard or regulation governing the System.
(h) You ask us not to carry out tests on any part of the System which involves us in additional work.
(i) The external wiring on the outside of the Premises, or any wiring installed within the fabric of the Premises or buried underground prior to the Start Date, need inspecting, repairing or replacing.
(ii) The System needs inspecting, resetting, reprogramming, repairing, or replacing in circumstances where:
- you, your keyholder or someone else has failed to follow operating instructions, has not used correctly or adjusted the CCTV, other equipment or components properly or has interfered with the System;
- you, or equipment or devices which we have not supplied have caused a false alarm or a failure of the System;
- your actions or failures, or those of anyone else other than us mean we need to inspect or make repairs or replace any part of 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;
- there have been fluctuations or failure in the mains electricity supply or where there has been a corruption or failure of the transmission network;
- the activation of a circuit breaker affects the power supply to any part of the System; adverse weather conditions cause damage to or activation of the System;
- full installation or continuity test of wiring is required.
8.6 Unless we agree to do so, the charges do not include any work involving carpet laying, concealing cables, redecorating, replastering, building or carpentry work.
8.7 There will be an additional charge if you do not provide full access to the areas where our engineers carry out the Services as a result of which we incur extra time or expense.
8.8 Whilst we will make every reasonable effort to work with you or others, any interruptions or delays caused by you or others may result in additional charges.
8.9 If this agreement is brought to an end under conditions 8.2(b) or 10, the following will apply:
• You will owe us the charges and any other money due to us but not paid at the end of the agreement;
• You will owe any further telecommunication charges charged to us in relation to the System and / or the monitoring of it where we are unable to obtain a refund.
• If you have already paid us more than the amounts due under (a) and (b), we will refund any overpayments.
• We may also take further action against you if you have broken this agreement.
8.10 Where the installation of the System continues for more than one month, we reserve the right to submit your progress or interim requests for payment of the Initial Charges based on the amount of work completed and / or the amount of equipment delivered to the Premises.
9. Payment
9.1 You must pay the Initial Charges referred to on the front of this agreement on the Start Date unless you write to us within 14 days of the Start Date with a valid claim. You must pay the Initial Charges by bacs payment or cheque on receipt of the invoice.
9.2 You must pay the monitoring, maintenance, service and telecommunications charges; annually in advance by cheque, or bacs payment on receipt of invoice,
9.3 You must pay the Extra Charges within 30 days of the date of our invoice or our request for payment.
9.4 You must pay all other amounts within 30 days of the date of our invoice or our request for payment.
9.5 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 4% over the base rate for the time being of Llyods TSB Bank.
9.6 Even if the System has been delivered to your Premises and installed there, the System remains our property until the Initial Charges for the sale and installation of it have been fully paid. Until then:
(a) you must take good care of the System for us; and
(b) we may apply to court to repossess the System.
10. Ending or suspending the agreement
10.1 We may end this agreement by giving to the other party at least 3 months’ notice in writing
10.2 You may end this agreement by giving us at least 3 months’ notice in writing, the notice must not expire before the third anniversary of the Start Date.
10.3 At any time, you or we may end this agreement immediately if;
(a) the Alarm receiving Centre, or the System are destroyed or so badly damaged that we cannot reasonably continue to provide the Services;
(b) we cannot arrange or keep the telecommunications facilities needed to transmit the signals between your Premises, the Alarm receiving Centre and any police, fire or other authority.
10.4 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 a payment under condition 9.
(b) You commit a serious breach of this agreement, or one which has serious consequences.
(c) You commit a serious breach of this agreement which can be corrected by you, and you do not put matters right within 30 days of our telling you that you have broken the agreement and must put it right.
(d) If you die, become bankrupt, enter into any kind of arrangement or settlement with your creditors or if a receiving order or administration order is made against you.
(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 recommendation, we make for repairing or replacing faulty or old parts of the System, or for repairs to your 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.
(j) 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.
(k) If the agreement ends, we will stop providing our Services. We may remove our equipment from your Premises. We may also disconnect the System to prevent signals being transmitted to the Alarm Receiving Centre.
11. General
11.1 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.
11.2 If you have made this agreement together with someone else, you are liable both jointly and individually to us.
11.3 Data Protection Act 1998. We may pass on the information you have given to us under this agreement to any police, fire or other authority and, except for security details, to any credit reference, debt collection or public telecommunications agency.
11.4 This agreement is governed by the laws of England and Wales.
11.5 We intend that all conditions of this agreement are in this document and the System Design Proposal.
11.6 We reserve the right to dial in and program the System to signal to the Cava approved Alarm Receiving Centre.
11.7 All drawings, illustrations, literature, technical data sheets and the like which accompany our System Design Proposal and any weights and dimensions (all of which we reserve the right to alter without notice) are intended to present a general idea of the products described and are approximate only and in no case constitute a condition.
11.8 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.
11.9 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.
11.10 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.