Privacy Policy

We are committed to safeguarding your privacy. This Policy explains how we collect and use personal information.

Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting Sitesecure.co.uk you are accepting and consenting to the practices described in this policy.

For the purpose of the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) (GDPR), the data controller is Jordan Gascoigne .

To contact the data protection officer you should email Jordan@Sitesecure.co.uk

References to ‘we’, ‘our’ and ‘us’ within this Privacy Policy are to Site Secure Facilities Management.

THE INFORMATION WE COLLECT

This Policy applies to information you give us, through our website or by corresponding with us and information collected by us as you visit or interact with our website.

The data you provide may include:

* Your name

* Your email

* Your contact details

The data we collect about you may include, but is not limited to:

* Your IP address

* Information about your browser and operating system

* Information about your visit, this may include, but is not limited to, pages looked at, visit duration, errors encountered and interaction with the pages.

HOW WE USE YOUR INFORMATION

Any personal information we collect from this website is used in accordance with the General Data Protection Regulation (EU) 2016/679) and other applicable laws.

The information you provide allows us to do the following:

* If you have made an enquiry then we will use your contact details to respond to your enquiry.

* If you opted in to our newsletter then we send you our newsletter.

* To provide you with the information, products and services that you request from us.

* To provide you with the information about other goods and services we offer that are similar to those that you have already purchased or enquired about.

* To notify you about changes to our services.

* To protect keep our website safe and secure.

* To improve our website and personalise it for you and your computer.

* To provide an efficient service, certain functions such as hosting, storage and disaster recovery are provided by third parties.

* To provide interactive features

* To measure the effectiveness of our advertising

It is our policy to ensure that your personal data is not made accessible to unauthorised individuals. We have taken reasonable steps to protect both the digital and physical storage of data.

We strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.

Your data may be kept if it is required for legal or accounting reasons.

DISCLOSURE OF YOUR INFORMATION

Analytics and search engines providers that assist us in the improvement and optimisation of our site may collect data about your IP and computer set up.

HOW LONG DO WE KEEP YOUR DATA

If legally required or if it is reasonably necessary to meet regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce our Terms and Conditions, we may also retain some of your information for a limited period of time as required, even after it is no longer needed to provide services to you.

COOKIES

Cookies are small pieces of information that are stored by your browser on your device’s hard-drive. They are used to distinguish individual users, and help us improve our website.

We explain how we use cookies in our cookies policy.

ACCESS TO YOUR PERSONAL INFORMATION

If you would like to update or remove the data we have about you please submit a request to the data protection officer.

If you wish to unsubscribe from our email newsletter you should use the unsubscribe link at the bottom of the email. Should this not work please contact the data protection officer, using the details at the start of this policy.

If you would like to request access to the data we have about you please submit a request to the data protection officer.

If an access request is deemed by us to be unfounded or excessive we may charge a reasonable fee. If you request further copies of your data then we may charge for administrative fees.

COMPLAINTS

If you wish to make a complaint about our use of your data please contact the data protection officer.

UPDATES TO THIS POLICY

This Policy was last updated in 1st January 2025.

Any changes we make to this policy will be posted to this page.

CONDITIONS OF SUPPLY OF SITE SECURE FACILITIES MANAGEMENT LIMITED

1. DEFINITIONS AND INTERPRETATION
1.1 THE FOLLOWING TERMS AS USED HEREIN SHALL HAVE THE MEANING AS STATED:
“Acknowledgement of Order” means the Company’s written acceptance of the Customer’s order issued in accordance with the provisions of clause 2.3;

“Alarm Receiving Centre“ means the premises where CCTV systems and intruder alarms are monitored;

“Business Day“ means any day between Monday to Friday inclusive, excluding any public or bank holidays;

“Business Hours” means between 09.00 and 17.00 on a Business Day;

“Charges“ means the charges payable by the Customer under the Contract;

“Company“ means Site Secure Facilities Management Limited;

“Conditions” means these Conditions of Supply;

“Confidential Information“ means any information disclosed by one (the disclosing party) to another (the receiving party) if the disclosing party has notified the receiving party that the information is confidential or the information could reasonably be supposed to be confidential;

“Contract“ means a contract between the Company and the Customer for the supply of Services, as evidenced by the Company issuing an Acknowledgement of Order;

“Customer“ means the person, firm or company named in the Acknowledgement of Order as the customer;

“Customer Premises” means the premises or site specified in the Acknowledgement of Order for performance of the Services;

“Deliverables“ means all documents, products and materials developed by the Company or its agents, subcontractors, consultants and employees in relation to the Services in any form, including, without limitation, computer programs, data, drawings, reports and specifications (including drafts);

“Dog Handling Staff“ means the Company’s dog handling staff that have (with their dog) passed the British Institute of Professional Dog Trainers’ basic security course;

“Guard Service” means the Static Guard and/or Mobile and Canine Patrol and/or Keyholding service detailed in the Acknowledgement of Order;

“Incident Statement” means a written record of a Relevant Event prepared by the Company and supplied to the Customer, or a telephone call to the Customer from the Company (or both, at the sole discretion of the Company and dependent upon the nature and / or seriousness of the Relevant Event);

“Intellectual Property Rights“ means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;

“Keyholding“ means the service involving the Company’s personnel attending the Customer Premises in response to a Relevant Event;

“Minimum Term“ means the minimum period of time for which the Services are to be provided, as detailed in the Acknowledgement of Order;

“Mobile and Canine Patrol“ means the service involving the Company’s personnel attending the Customer Premises (including Dog Handling Staff, where applicable) at undefined times but on agreed dates for the purposes of ensuring that the Customer Premises are secure;

“Monitoring Charges“ means the charges set out in the Acknowledgement of Order as the charges for the Monitoring Service;

“Monitoring Service“ means the monitoring service detailed in the Acknowledgement of Order and includes any items or materials supplied by the Company in conjunction with the Monitoring Service;

“Nominated Key Holder“ means the person or persons as nominated by the Customer to the Company from time to time, as being the first point of contact with the responsibility for and access to the Customer Premises;

“Relevant Event“ means an incident occurring at the Customer Premises which is, or appears to the Company to be, an intrusion, unauthorised entry, fire or incident which could or may endanger the security of the Customer Premises;

“Response Procedure“ means the response procedure adopted by the Company to a Relevant Event;

“Services” means the services agreed in the Contract to be performed by the Company for the Customer (including any part or parts of them), comprised of the Monitoring Service and/or the Guard Service);

“Static Guard“ means the service involving the Company’s personnel being in situ at the Customer Premises at agreed dates and times for the purposes of ensuring the Customer Premises are secure;

“System“ means the security system deployed at the Customer Premises.

1.2 A reference to a clause is to a clause of these Conditions. Clause headings shall not affect the interpretation of these Conditions.

1.3 Any reference to “parties” means the parties to the Contract and “party” shall be construed accordingly.

1.4 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.

1.5 Words in the singular include the plural and in the plural include the singular.

2. APPLICATION OF CONDITIONS

2.1 All quotations are made and all orders are accepted by the Company subject only to these Conditions, which shall be incorporated into the Contract and which shall prevail to the exclusion of any other terms including any conditions, warranties or representations written or oral, express or implied, even if contained in any of the Customer’s documents which purport to provide that the Customer’s own terms shall prevail. Any representations about any Services shall have no effect unless expressly agreed in writing and signed by an authorised signatory of the Company.

2.2 Any quotation is given on the basis that no Contract shall come into existence until the Company accepts the Customer’s order in accordance with the provisions of clause 2.3. Any quotation is valid for a period of 30 days only from its date, provided that the Company has not previously withdrawn it.

2.3 The placing of an order following any quotation shall not be binding on the Company unless and until the Company issues an Acknowledgement of Order to the Customer.

2.4 The quantity and description of the Services shall be as set out in the Acknowledgement of Order.

2.5 Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, Acknowledgement of Order, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.

2.6 All drawings, descriptive matter and advertising issued by the Company and any descriptions or illustrations contained in the Company’s website, catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Services described in them and they shall not form part of the Contract.

2.7 The Company has no obligation to accept any variation to the Contract requested by the Customer, whether by addition, substitution or omission (or, without limitation, to the Services to be provided under the Contract) and no such request shall be deemed to be accepted in the absence of the Company’s written agreement to the variation.

2.8 The Contract may not be cancelled by the Customer without the Company’s written consent and subject to the payment to the Company of 15% of the Charges, which is a genuine pre-estimate of the costs, charges and expenses likely to be incurred by the Company in connection with the cancellation of the Contract.

3. OBLIGATIONS OF THE PARTIES

Clauses 3.1 to 3.5 shall apply to the provision of the Monitoring Service:

3.1 The Company will carry out the Monitoring Service as described in the Acknowledgement of Order.

3.2 The Company shall provide the Customer with a monitoring service compliant with the British or European Standards applicable to the System.

3.3 The Monitoring Service shall commence upon the date stipulated in the Acknowledgement of Order and shall continue for the Minimum Term.

3.4 Upon expiry of the Minimum Term, the Monitoring Service shall continue (subject to earlier termination in accordance with clause 9.1) for further rolling periods of time equal to the Minimum Term, subject to the payment of all applicable charges by the Customer to the Company and subject to either party being able to serve the other with 30 days’ written notice of termination, such notice period to expire on the last day of the applicable subsequent rolling period.

3.5 In order to facilitate the Company’s provision of the Monitoring Service, the Customer shall at all times:

(a) keep and operate the System in a proper and prudent manner and in accordance with any relevant instructions issued to the Customer;

(b) provide a clean electrical supply and a dedicated telephone and broadband line for the transmission of data to and from the Alarm Receiving Centre; and

(c) provide and maintain in full working order such other security measures as shall reasonably be specified by the Company from time to time to enable the Company to adequately fulfil its obligations under the Contract.

Clauses 3.6 to 3.37 shall apply to the provision of the Guard Service:

3.6 The Company will operate a shared service with other of its customers in the interest of keeping costs of the Mobile and Canine Patrol and the Keyholding services at a reasonable level. The pattern of such will be provided simultaneously for a number of customers, and accordingly, delays and interruptions may arise if an incident occurs at the premises of another customer during the course of a patrol officer’s round of duty. The Customer agrees that any such delay to or interruption in provision of the relevant services shall not amount to a breach by the Company of any obligation under the Contract.

3.7 The Company shall use all reasonable endeavours to identify a Relevant Event and to follow the Response Procedure in respect of the same.

3.8 The Company’s Response Procedure to a Relevant Event (where appropriate) shall be stated in the Acknowledgement of Order.

3.9 Following a Relevant Event, the Company shall confirm the nature of the same and the effect of the Response Procedure in writing to the Customer on the next Business Day by way of the Incident Statement.

3.10 The Company shall not be liable for any penalty, loss, injury, damage or expense arising from any delay in effecting the Response Procedure or in submitting an Incident Statement unless the same shall solely be as a result of the negligence of the Company, nor shall any such delay or failure entitle the Customer to refuse to accept performance of the Contract or to repudiate the Contract.

3.11 The Company provides no warranty or guarantee whatsoever that the Response Procedure will have the effect desired by the Customer.

3.12 Due to the fact that incidents comprising any Relevant Event are unlikely to ever be the same, at all times the decision to deviate from the Response Procedure shall be at the sole discretion of the Company, as circumstances and the nature of the Relevant Event shall dictate.

3.13 In the event that the Company should deviate from the Response Procedure the Company will not be liable for doing so.

3.14 Whilst the Company will endeavour to adhere to the Response Procedure and to detect and identify a Relevant Event, the Company makes no guarantee nor provides any warranty that it can detect every intruder to the Customer Premises and/or any other occurrences which could be deemed to constitute a Relevant Event and the Company accepts no liability or responsibility whatsoever in respect of the same. For the avoidance of doubt, the ultimate responsibility for the security and safety of the Customer Premises shall at all times remain with the Customer.

3.15 In the event that the Customer relocates to other premises or makes any alteration to the use of the Customer Premises or otherwise does or omits to do anything which increases the cost to the Company of carrying out its obligations hereunder, the Company will be entitled to either amend the nature and/or scope of the Services and adjust the Charges accordingly or withdraw the Services and terminate the Contract without liability to the Customer.

3.16 To facilitate the provision by the Company of the Guard Service, the Customer shall at all times:

keep the Customer Premises safe and secure;
keep the System fully maintained and serviced and in full working order in accordance with the instructions and advice of the manufacturer of the System and the supplier of the same;
be responsible for the provision and continued availability of a clean electrical supply for the System. Any disruption or failure of the System at all times shall be the sole responsibility of the Customer;
be responsible for providing and maintaining in full working order at the Customer Premises such lighting as the Company reasonably deems necessary for the effective illumination of the Customer Premises, so as to enable the Company to fulfil its obligations under the Contract; and
provide and maintain in full working order such other security measures as shall reasonably be specified by the Company from time to time to enable the Company to fulfil its obligations under the Contract.

3.17 The Customer shall use its best endeavours to ensure that the Company has full knowledge of the Customer’s business (including supplying any necessary documents and details as may be required by the Company from time to time), alarms and associated connections to the same as the Company shall require in order to fulfil the Company’s obligations under the Contract.

3.18 The Customer shall be responsible for providing and maintaining at the Customer Premises such accommodation as the Company reasonably deems necessary for the use of the Company’s security officers who are based on duty at the Customer Premises, which accommodation shall have adequate heating and ready access to telephone and toilet facilities. Failure to comply with this clause 3.18 shall entitle the Company to terminate the Contract without liability to the Customer.

3.19 The Customer undertakes and warrants to the Company that the Customer Premises are safe for attendance and inspection by the Company’s personnel in relation to the provision of the Services. The Customer shall fully indemnify and keep indemnified the Company against any loss, costs, and claims for damages or otherwise that the Company will or may suffer as a result of any breach of this clause 3.19.

3.20 The Customer shall be responsible at all times for ensuring that the Company has an accurate, complete and updated record of all Nominated Key Holders’ contact telephone numbers. The Customer shall promptly notify the Company in writing of any change in the identity of any Nominated Key Holder or any change in any Nominated Key Holder’s contact telephone number.

3.21 In undertaking the Keyholding service, the Company shall hold the keys received from the Customer for the Customer Premises.

3.22 The obligations of the Company to provide the Services (or any of them) shall not become effective for up to 24 hours (or 72 hours if preceding a weekend or bank holiday) after delivery of the Customer’s keys to the Company’s premises.

3.23 The keys shall be kept sealed in a secured key room. In some cases, keys will be held using mobile response units.

3.24 The Customer may collect the keys at any time during Business Hours.

3.25 The Customer may request delivery of the keys or the attendance of a key guard at any time at the cost shown in the Acknowledgement of Order.

3.26 The Customer may request duplicates of the keys at any time during Business Hours.

3.27 In the event that a Customer’s keys are lost as a result of any act or omission of the Company the Company shall notify the Customer forthwith (and advise the Customer to change its locks). The Company shall reimburse the Customer for the cost of suitable replacement locks on presentation of proof of purchase. At the earlier of the time when the Customer ’s locks are changed or 5 days after the Company notifies the Customer of the loss, the Company shall cease to have any liability whatsoever (other than the cost of replacing the locks) in respect of or arising out of the loss of the keys.

3.28 Upon termination of the Contract, the keys will be returned forthwith providing no invoices are outstanding or, where appropriate, the keys will be destroyed after a period of not less than 3 months.

3.29 The Company shall attend the Customer Premises and allow access to any police or fire officer or any Nominated Key Holder.

3.30 Where no police or fire officer nor any Nominated Key Holder is in attendance when the Company’s representative arrives at the Customer Premises and where in its absolute discretion the Company believes that it is appropriate to do so, the Company may also provide the following additional services:

enter the Customer Premises unaccompanied;
investigate the cause of the activation of the System;
deactivate the System;
effect routine resetting of the System;
call out any emergency repair services at the cost of the Customer.

3.31 Where in any circumstances it is not possible to reset the System, the Company shall request the attendance of the Customer’s maintenance company, and the Company’s representative shall remain at the Customer Premises for at least 4 hours to await their arrival.

3.32 Where the Customer’s maintenance company: (i) fails to attend within 4 hours of being requested to do so by the Company; or (ii) declares the System inoperative, the Company will attempt to contact one of the Nominated Key Holders in order to receive instructions for further service.

3.33 The Company’s representative will not be obliged to remain on the Customer Premises after 4 hours, but a continued presence may be provided if the Company is able or believes it appropriate to do so.

3.34 For the avoidance of doubt, where there has been a break-in or criminal activity at the Customer Premises, the Services will be restricted to attending the Customer Premises and allowing access to police officers and obtaining instructions from one of the Nominated Key Holders.

3.35 The Company will charge the Customer for all attendances made by the Company’s representatives at the Customer Premises at the Company’s hourly rate and the Customer agrees to pay all such Charges incurred.

3.36 The Guard Service shall commence upon the date stipulated in the Acknowledgement of Order and shall continue for the Minimum Term.

3.37 Upon expiry of the Minimum Term, the Guard Service shall continue (subject to earlier termination in accordance with clause 9.1) for further rolling periods of time equal to the Minimum Term, subject to the payment of all applicable charges by the Customer to the Company and subject to either party being able to serve the other with 30 days’ written notice of termination, such notice period to expire on the last day of the applicable subsequent rolling period.

PAYMENT

4.1 The Charges shall be payable on a monthly basis and shall be paid within 14 days of the date of the corresponding monthly invoice.

4.2 The time of payment of the Charges shall be of the essence of the Contract.

4.3 Value Added Tax will, where applicable, be added to the Charges.

4.4 All payments to the Company shall be made without any deduction, withholding or set-off.

4.5 Failure by the Customer to pay any invoice by its due date shall entitle the Company (without prejudice to any other right or remedy available to the Company):

(a) at its option, to charge interest at the rate of six per cent (6%) per annum above the bank of England base lending rate from time to time calculated on a daily basis (whether before or after any judgment) until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest); and

(b) to terminate the Contract or suspend or cancel any future performance of Services.

4.6 The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

4.7 All payments payable to the Company under the Contract shall become due immediately on its termination despite any other provision.

4.8 The Company reserves the right to charge the Customer with any charges or costs incurred by the Company in the course of collecting outstanding monies due to the Company from the Customer, including any debt collectors’ or bailiffs’ charges and including the cost of taking legal action against the Customer in order to obtain payment.

CONFIDENTIAL INFORMATION, INTELLECTUAL PROPERTY RIGHTS AND NON-SOLICITATION

5.1 The Customer and the Company agree that in the course of the Company providing the Services to the Customer, the parties may disclose to each other certain Confidential Information. The Customer and the Company agree that each party will maintain the Confidential Information’s confidentiality and not disseminate it to any third party without the disclosing party’s prior written consent, save that this obligation shall not apply to any Confidential Information that either party has a duty (whether legal or otherwise) to communicate or that is in the public domain or is already in the receiving party’s possession through no fault of the receiving party. The Customer shall not use any Confidential Information for any purpose other than to carry out the Customer’s obligations to the Company.

5.2 The Customer acknowledges the Company’s ownership of any and all Intellectual Property Rights in the Services and in any Deliverables provided to the Customer pursuant to the Contract and agrees not to contest the Company’s ownership or use of any such Intellectual Property Rights. Without limitation, the Customer shall not acquire any such Intellectual Property Rights or any licence or grant of rights therein, nor shall the Customer register or attempt or permit to be registered, any such Intellectual Property Rights or any licence or grant of rights therein. The Customer further acknowledges that, without limitation, any and all Intellectual Property Rights developed by the Company in performing the Services shall become vested and shall vest in the Company absolutely and shall also be subject to the other provisions of this clause 5.2.

5.3 No part of the Deliverables shall be used in any Customer prospectus, advertisement or other publication, without the prior written consent of the Company.

5.4 The Customer shall hold the Company harmless and shall fully indemnify the Company against any and all loss, damage, costs and expenses awarded against or incurred by the Company in connection with, or paid or agreed to be paid by, the Company, in settlement of any claim for infringement of any Intellectual Property Rights of any other person resulting from the Company’s use of any instructions, specification, or materials submitted by the Customer.

5.5 The Customer shall not, without the prior written consent of the Company, whether acting on the Customer’s own account, on behalf of, or with any other person (including any person which the Customer directs to act on its behalf), at any time from the date of first provision of the Services to the expiry of 12 months after the last date of supply of the Services, solicit or entice away from the Company or employ (or attempt to employ) or otherwise engage or attempt to engage the services of any person who is, or has been, engaged as an employee, consultant or subcontractor of the Company in the provision of the Services.

5.6 Any consent given by the Company in accordance with clause 5.5 shall be subject to the Customer paying to the Company a sum equivalent to 15 % of the then current annual remuneration of the Company’s employee, consultant or subcontractor.

6. FORCE MAJEURE

The Company reserves the right to defer the date of provision of the Services, or to cancel the Contract or reduce the volume of the Services ordered by the Customer (without liability to the Customer) if it is prevented from, or delayed in, the carrying on of its business (wholly or in part) due to circumstances beyond the reasonable control of the Company including, without limitation, Acts of God, governmental actions, local or national lockdowns or civic restrictions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, pandemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers, or any inability or delay in obtaining supplies of adequate or suitable materials, or the failure or demise of any source of supply.

7. WARRANTY

7.1 The Company warrants (subject to the other provisions of these Conditions) that the Services will be performed with reasonable skill and care.

6.  

7.2 The Company’s liability pursuant to clause 7.1 shall be limited to re-performing those Services found not to have been performed with reasonable skill and care and notified to the Company within the period set forth in clause 7.3.

7.3 Any deficiency in or failure to correspond to specification of the Services shall be notified to the Company within 3 days of the time when the Customer discovers or ought to have discovered the deficiency or failure to correspond to specification, as applicable; otherwise, the Services shall be deemed to be satisfactory.

EXCLUSION OF LIABILITY

8.1 The following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of:

8.  

(a) any breach of these Conditions;

(b) any use made by the Customer of any of the Services; and

(c) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.

8.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 2 of the Supply of Goods and Services Act 1982) are, to the fullest extent permitted by law, excluded from the Contract.

8.3 Nothing in these Conditions excludes or limits the liability of the Company:

(a) for death or personal injury caused by the Company’s negligence; or

(b) under section 2(3), Consumer Protection Act 1987; or

(c) for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or

(d) for fraud or fraudulent misrepresentation.

8.4 Subject to clause 8.2 and clause 8.3:

(a) the Company has no special knowledge of the nature or value of the contents of the Customer Premises, or of the nature of the risks to which the Customer Premises and contents will from time to time be exposed. The Company limits the Company’s liability as set out below;

(b) the Company is not an insurer and the Services are not intended to be a substitute for proper and adequate insurance;

(c) the Customer agrees that the Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited as follows:

(i) in relation to the Monitoring Service, to the amount of the Monitoring Charges paid by the Customer to the Company for the three months immediately preceding the claim or claims in respect of which liability is alleged;

(ii) in relation to the Guard Service, to the amount of the Charges for the Guard Service paid by the Customer to the Company for the three months immediately preceding the claim or claims in respect of which liability is alleged; and

(iii) should the Customer wish the Company to assume a greater liability, the Company will require the Customer to sign a contract with an attachment clearly stating the additional liability limits and the Customer’s acceptance of the additional cost to the Customer;

(d) the Company shall not in any event be liable to the Customer for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract; and

(e) the Company shall not be liable for any failure or delay by Police or Fire Authorities to respond to an alarm activation for whatever reason. The Company will not be liable for any withdrawal of response by Police or Fire Authorities for whatever reason and will not be liable for any loss or damage sustained by the Customer in this event or for the provision of alternative protection of the Customer Premises.

TERMINATION

9.1 Notwithstanding anything else contained in these Conditions, the Contract may be terminated by the Company with immediate effect upon written notice to the Customer if:

(a) the Customer commits any breach of its obligations under the Contract and fails to remedy the same within 14 days of receipt of a written notice from the Company specifying the breach and requiring it to be remedied; or

(b) any payment due under the Contract is more than 7 days in arrears; or

(c) the Customer goes into liquidation, becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed.

9.2 Termination of the Contract (howsoever occasioned) shall not affect any accrued rights or liabilities of either party hereunder or at law, nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or to continue in force on or after such termination.

GENERAL

10.1 No forbearance or indulgence granted by the Company to the Customer shall in any way limit the rights of the Company under these Conditions of Supply.

10.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business.

10.3 Neither the Company nor the Customer intends that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

10.4 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.

10.5 The Company shall be entitled at its discretion to perform any of its obligations under the Contract by using subcontractors and any reference to the Company’s personnel or staff in these Conditions shall be deemed to include any such subcontractors.

10.6 The Contract constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements and understandings between the parties.

10.7 Any dispute arising under or in connection with the Contract shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated on the application by either party to the President for the time being of the Law Society whose decision as to the type, qualifications and experience of such arbitrator shall be final and binding on the parties.

10.8 The costs of the arbitrator shall be borne by the parties as he directs and his decision on the issue in dispute shall be final.

10.9 These Conditions of Supply shall be subject to and construed under English Law and the parties hereby submit to the exclusive jurisdiction of the English courts for that purpose.