Cork, T12W1XR. Limerick, V94DD71.
021 434 8866 OR 061 315 899
catchsecurity@security.ie

Terms and Conditions

Munster's leading security company – Intruder and Fire Alarms, Access Control, HD CCTV, Barrier & Gate Automation Solutions

SERVICES AGREEMENT – TERMS AND CONDITIONS

 

The Subscriber is alone able to know the true value of the Premises and of property in or on his premises. Catch Security Systems Ltd./MIDWEST ALARMS (hereinafter called the company), is not and cannot be an insurer thereof, and the Company’s charges are not related in any way to the value of such premises or property. It is for the Subscriber to comprehensively insure the Premises and all property and persons in or on the Premises against all risks.

 

2. The Subscriber shall pay to the company:

i) the initial deposit on signature of this Agreement and the balance of the Installation Cost and the first Maintenance /Monitoring/Rental charges on the installation date in exchange for the control keys (operating code) ;

ii) subsequent Maintenance/Monitoring /Rental Charges on each invoice date.

iii) any charge made from time to time by the Garda Síochána or Local Authority on the Company

 

3. The ownership of the Company’s Equipment shall remain in the Company but forthwith upon payment of the Installation Cost and the first Maintenance/Monitoring/Rental Charge the ownership of the Subscriber’s Equipment shall pass to the Subscriber. The Subscriber’s Equipment shall be at the risk of the Subscriber when it is brought onto the Premises.

 

4. This Agreement shall be for the term of three years from the commencement date subject as hereinafter provided shall continue thereafter from year to year unless and until determined by either party giving to the other not less than three calendar months previous notice in writing to that effect expiring on an anniversary of the commencement date.

 

5. Under this Agreement the company will repair and maintain the equipment and will periodically inspect, test and adjust the installation in accordance with Current European Standards recommendations for buildings and shall issue an inspection service docket, electronically or paper copy.

 

6. Maintenance visits shall be carried out during normal working hours, unless alternative arrangements have been made in writing giving at least seven days notice.

 

7. All prices, charges and fees payable by the subscriber shall be subject to market fluctuation and/or changes in basic national wage rates and cost of material. The company may from time to time increase the annual maintenance/monitoring/rental charges and/or the fee per call transmitted to the company by giving at least seven working days notice (by way of Invoice) to the subscriber stating the increase and the date from which such increase shall be effective and payable to the subscriber
PROVIDED ALWAYS that:-

i) No such notice can be given so as to increase the amount of the maintenance/monitoring/rental charges payable in the first year of the term, and

ii) Within two weeks from receipt of such notice the subscriber may give three calendar months notice in writing to the Company to terminate this Agreement.

 

8. The subscriber shall:-

i) At its own expense obtain all necessary wayleaves permits or approvals

ii) Provide and pay for the electricity supplies to the installation and shall at all times operate the system with reasonable care.

iii) Notify us forthwith by telephone and in writing of any defect which may have appeared in the Alarm (Intruder or Fire) system/CCTV system/ Access Control system/Automated Barrier/ Gate Automation Equipment and shall permit us to take such steps as we think necessary to remedy such defect.

iv) In relation to all types of space detection, immediately notify the company in writing of any alteration to the structure or lay-out or to the fittings in the premises or of any major movements in the contents there of including stock or any modification in the telephone system effecting the Alarm System.

v) In the case of a Central Station alarm system monitored by us, notify us in writing of the days and times during which the premises are normally closed. We shall be entitled to assume unless we have received written notice from the subscriber of any proposed temporary or permanent alteration to such days or times, that any signals received by the Alarm System during such days or times is unauthorised and may notify the Gardaí accordingly.

vi) Pay the cost of any reinstatement and/or re-decoration made necessary by the repair and maintenance of the equipment and installation.

vii) Pay for the cost of any work required to be carried out in the Alarm (Intruder or Fire) system/CCTV system/ Access Control system/Automated Barrier/ Gate Automation Equipment due to damage by fire, storm, tempest, break-in, attempted break-in, accident, nuisance or mistreatment of the alarm System.

 

9. (a) Where the attendance of the Company’s Engineer is requested and/or required for any reason whatsoever (apart from normal maintenance inspections) the Company reserves the right to make such charges as it considers reasonable for labour (including travelling time) and materials.

(b) Any alterations or extension of or modification to the Alarm (Intruder or Fire) system/CCTV

 

10. A person who, in accordance with the Data Protection Acts, obtains from a customer the customer’s contact details for electronic mail, in the context of the sale of a product or service, shall not use those details for direct marketing unless—

(a) the product or service being marketed is the person’s own product or service,

(b) the product or service being marketed is of a kind similar to that supplied to the customer in the context of the sale by the person,

(c) the customer is clearly and distinctly given the opportunity to object, in an easy manner and without charge, to the use of those details—

(i) at the time the details are collected, and

(ii) if the customer has not initially refused that use, each time the person sends a message to the customer,

and

(d) the sale of the product or service occurred not more than 12 months prior to the sending of the direct marketing communication or, where applicable, the contact details were used for the sending of electronic mail for the purposes of direct marketing within that 12 month period.

Catch Security Systems Ltd. Ltd. (Comprising of Catch Security Systems & Mid West Alarms) Install, Monitoring & Service Terms and Conditions for Promotional Wirefree Intruder Alarm Systems

 

1. Definitions, Interpretation and Application

1.1 Definitions
Agreement: the agreement between Catch Security Systems Ltd. and the Customer, pursuant to which Catch Security Systems Ltd. shall provide the Alarm System and/or perform the Services, comprising these Conditions, the Order, any other documents referred to in these Conditions or posted on the Website, and any other terms agreed in writing between Catch Security Systems Ltd., and the Customer.

Alarm Codes: the Catch Security Systems Ltd. engineer alarm codes applicable to the Alarm System or any other security System located at the Premises, in respect of which Catch Security Systems Ltd. provides Services.

Alarm System: the Catch Security Systems Ltd. alarm system (including its respective components and Retained Property) which is to be installed at the Premises.

Alert: an alert transmitted from the Alarm System, or any other alarm system located at the Premises in respect of which Catch Security Systems Ltd. provides Services, upon the detection of a breach or other relevant activation at the Premises.

Security Proposal: the Catch Security Systems Ltd. security proposal (if applicable) containing details of the Order.

Charges: the charges payable by the Customer for the Alarm System and/or the Services, details of which shall be specified in the Security proposal unless otherwise agreed to in writing between Catch Security Systems Ltd. and the Customer.

Commencement Date: the date on which the Agreement commences, being the date on which the Customer submits their Order to Catch Security Systems Ltd. in the manner described in Clause 3.1.

Conditions: these terms and conditions, as same may be amended by Catch Security Systems Ltd. from time to time by publication on the Website.

Cooling Off Period: the 14 (fourteen) day period immediately following the Commencement Date.

Customer: the party to whom Catch Security Systems Ltd. provides an Alarm System and/or Services pursuant to an Agreement.

Emergency Instructions: the instructions given by the Customer to Catch Security Systems Ltd. as to the steps to be taken in the event of an Alert, to include contact details of the Customer’s nominated keyholders.

Emergency Service Provider: a provider of emergency services, e.g. An Garda Síochána, fire services etc.

Force Majeure Event: any event outside Catch Security Systems Ltd.’s reasonable control including but not limited to, breakdowns in telecommunications or internet services, severe weather conditions, burglary, vandalism, civil disorder, terrorist activity, war, government action, strikes, lock-outs or other industrial disputes, failure of a utility service and/or any acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, electricity or electronic telecommunications or internet service provider, Emergency Service Provider or a relevant regulatory authority.

Further Minimum Term: a further minimum term commencing after the expiry of the Minimum Term, for which the Services will be provided to the Customer, as set out in an invoice pack and/or in any other documents issued by Catch Security Systems Ltd. to the Customer or as agreed between Catch Security Systems Ltd. and the Customer.

Catch Security Systems Ltd.: Catch Security Systems Limited, trading as Catch Security Systems Ltd., Farranlea House, Farranlea Road, Cork, and also trading as Mid West Alarms, 83 Mungret Street, Limerick and, where applicable, its employees, agents and subcontractors

Installation: the installation of the Alarm System at the Premises.

Installation Date: the date of Installation and/or commencement of the Services.

Minimum Term: the minimum term for which Catch Security Systems Ltd. shall provide the Services to the Customer, being the period of 36 (thirty six) months commencing on the Installation Date.

Order: the Customer’s order for an Alarm System and/or Services, as specified in a Security proposal, or as notified to Catch Security Systems Ltd. by telephone or any other means of communication.

Premises: the address at which the Alarm System will be installed and/or Services are to be performed.

Price List: Catch Security Systems Ltd.’s price list(s) as set out in Appendix 1 or on the Website as same may be updated from time to time at Catch Security Systems Ltd.’s sole discretion.

Retained Property: the external ‘decoy’ bell box and any other components of the Alarm System in respect of which ownership will remain with Catch Security Systems Ltd., as notified to the Customer from time to time.

Services: the monitoring and/or maintenance services and any other services to be provided by Catch Security Systems Ltd. to the Customer, as set out in the Security proposal or as otherwise agreed with the Customer from time to time.

Website – www.security.ie

1.2 Interpretation

1.2.1 In these Conditions, words such as “hereunder”, “hereto”, “hereof” and “herein” and other words commencing with “here” shall, unless the context clearly indicates to the contrary, refer to the whole of these Conditions and not to any particular Section or Clause thereof.

1.2.2 Save as otherwise provided herein, any reference herein to a Section or Clause, or paragraph shall be a reference to a section, sub-section, clause, sub-clause, paragraph or sub-paragraph (as the case may be) of these Conditions.

1.2.3 Any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms

1.2.4 Any reference to any provision of any legislation shall include any modification, re-enactment or extension thereof

1.2.5 Headings used herein are inserted for convenience only and shall not affect interpretation.

1.2.6 Any reference to “Ireland” shall mean the Republic of Ireland.

1.3 Application

Subject to Clause 15, these Conditions shall be incorporated into and form part of every Agreement and shall apply in place of, and prevail over:

(i) any terms or conditions (written or oral) contained or referred to in any order, confirmation of order, specification or any other documentation, correspondence or other means of communication delivered by the Customer to Catch Security Systems Ltd. and

(ii) any terms or conditions implied by trade custom, practice or course of dealing between the Customer and Catch Security Systems Ltd..

2. Statutory Rights, Descriptions and Changes

2.1 Save as expressly stated in the Agreement, all warranties, representations, conditions and other terms implied by statute or common law relating to the Alarm System and/or the Services are, to the fullest extent permitted by law, excluded from the Agreement.

2.2 All drawings, descriptive matter, specifications and advertising issued by Catch Security Systems Ltd. and any descriptions or illustrations contained in Catch Security Systems Ltd.’s catalogues or brochures or on the Website are issued or published for the sole purpose of giving an approximate idea of the Alarm System and the Services and shall not form part of the Agreement (and are hereby expressly excluded therefrom). Catch Security Systems Ltd. reserves the right to alter and amend any of its literature at any time without notice to the Customer and without liability.

2.3 Catch Security Systems Ltd. reserves the right to make changes to the specification of the Alarm System and/or the Services, where required to conform with applicable safety or statutory requirements, legal requirements, and/or, to maintain and improve the quality or performance of the Alarm System and/or the Services and to suspend delivery of the Services whilst making such changes.

2.4 Catch Security Systems Ltd. shall notify the Customer of any material changes to be made by it pursuant to Clause 2.3 above as soon as it may reasonably be practicable for it to do so (after being made aware of any such requirement for changes). For the avoidance of doubt, Catch Security Systems Ltd. shall not be liable under this clause if any material changes are required pursuant to Clause 2.3 that they have not been made aware of.

2.5 These Conditions do not affect the Customer’s statutory rights (where the Customer is a consumer).

3. Formation of Agreement

3.1 All Orders are automatically accepted by Catch Security Systems Ltd. as soon as they are made. Accordingly, an Agreement commences between Catch Security Systems Ltd. and the Customer as soon as the Customer confirms acceptance of their Security proposal to a Catch Security Systems Ltd. sales agent or otherwise submits their Order to Catch Security Systems Ltd., whether by telephone or via the Website or by any other means of communication.

4. Accuracy of Order

4.1 The Customer is responsible for ensuring the accuracy of any Order which it submits to Catch Security Systems Ltd.. If a Customer feels that they have made a mistake in their Order or require any changes to be made to their Order, they shall be required to notify Catch Security Systems Ltd. as soon as possible and in any event, within 14 (fourteen) days of submitting that Order. Any failure to do so may result in additional costs being charged to the Customer.

5. Installation

5.1 The Installation Date shall be agreed between Catch Security Systems Ltd. and the Customer as soon as possible upon the acceptance of an Order in accordance with Clause 3.1.

5.2 The Customer shall ensure that a responsible adult is present at the Premises on the Installation Date to deal with any queries that Catch Security Systems Ltd. may have in connection with the Installation, to accept any instructions from Catch Security Systems Ltd. in relation to the Alarm System and/or the Services and to otherwise, provide such cooperation as shall reasonably be required by Catch Security Systems Ltd. in connection with the Installation and its provision of the Services. The Customer shall ensure in particular, that there is, at the Premises, an adequate and suitable power supply, power points, electrical fittings, broadband connectivity and telephone lines and fittings.

5.3 If for any reason the Customer fails to accept delivery of an Alarm System or to permit installation of the Alarm System, or fails to provide appropriate instructions to Catch Security Systems Ltd. within a reasonable period following the Commencement Date, to enable Catch Security Systems Ltd. to effect delivery and installation of the Alarm System and/or to commence its provision of the Services, Catch Security Systems Ltd. may, without limitation to any other right which may be available to it, terminate the Agreement with immediate effect. In this event, Catch Security Systems Ltd. shall be entitled to retain any deposits and/or upfront payments (as defined in Clause 6.2) which may have been paid by the Customer prior to such termination.

6. Ownership of the Alarm System

6.1 In the event that the Customer already has an alarm system, which was previously fitted and monitored by another service provider, Catch Security Systems Ltd. shall carry out the Services on the Alarm System as if it was fitted by Catch Security Systems Ltd. (which the parties acknowledge may require changes be made to conform with a Catch Security Systems Ltd. Alarm System). Title and property to the Alarm System shall always remain with the Customer. In the event that Catch Security Systems Ltd. is required to install or provide any additional equipment to ensure that the customer’s current alarm system is compatible with the Catch Security Systems Ltd. Alarm System, this additional equipment remains the property of Catch Security Systems Ltd.

6.2 In the event that Catch Security Systems Ltd. installs a new Alarm System for the Customer, Catch Security Systems Ltd. shall retain ownership of the Alarm System until any upfront payment (being the difference between the total sum payable for the Alarm System and the amount Catch Security Systems Ltd. has agreed to subsidise on behalf of the Customer) due by the Customer is received by Catch Security Systems Ltd. and the Minimum Term has expired. If the agreement is terminated by the Customer prior to the expiry of the Minimum Term, the Customer shall repay to Catch Security Systems Ltd. all subsidised hardware costs, However, in the event that the Customer returns the Alarm System to Catch Security Systems Ltd. on this termination, the subsidised hardware costs shall not be payable and Catch Security Systems Ltd. shall use reasonable endeavours to return any upfront payment received from the Customer.

6.3 Rental Customers (i.e. Customers renting the Alarm System) In respect of Customers renting an Alarm System, Catch Security Systems Ltd. shall retain ownership of the Alarm System at all times. The Alarm System is provided to the Customer on a rental basis only for the duration of the Agreement. Upon termination of the Agreement (howsoever arising), Catch Security Systems Ltd. shall retake possession of the Alarm System.

6.4 Non Rental Customer (i.e. Customers purchasing the Alarm System)

In respect of Customers purchasing an Alarm System, delivery of the Alarm System shall take place on the Installation Date upon completion of the Installation and accordingly, all risk therein shall pass to the Customer upon completion of the Installation. However title and property in the Alarm System (except Retained Property) shall pass to the Customer only in accordance with Clause 6.2 above. Catch Security Systems Ltd. shall retain ownership of the Retained Property at all times, which shall be required to be returned to Catch Security Systems Ltd. upon termination of the Agreement (howsoever arising).

6.5 For the avoidance of doubt, any alarm system existing at the Premises which is not a Catch Security Systems Ltd. alarm system, shall remain the property of the Customer upon termination of the Agreement (howsoever caused).

7. The Services

7.1 Catch Security Systems Ltd. shall perform the Services from the Installation Date until the Agreement is terminated.

7.2 The Customer shall be responsible for providing Catch Security Systems Ltd. with all information which it reasonably requires to enable it to perform the Services and for ensuring that all Emergency Instructions provided to Catch Security Systems Ltd. are accurate, complete and up to date. The Customer shall also be responsible for obtaining the consent of any nominated key holders.

7.3 The Customer acknowledges that actions by Emergency Service Providers and the Customer’s nominated key holders following notification to them of an Alert are outside the control of Catch Security Systems Ltd. and accordingly Catch Security Systems Ltd. shall have no responsibility or liability for any acts or ommissions of Emergency Service Providers and/or the Customer’s nominated keyholders (or their nominees), following the notification to them of an Alert.

7.4 Where additional non-standard maintenance is required by a Customer that is not due to the fault or default of Catch Security Systems Ltd., additional charges shall apply.

7.5 The Services provided do not include visits to the Premises (or additional time spent at the Premises) for the purposes of:-

a) rectifying any failure or malfunction of the Alarm System and/or the Services caused directly or indirectly by accident, neglect, misuse (other than the use for which it was intended) or by adverse environmental conditions, electrical current fluctuations (including failure of electrical power) or deliberate damage resulting from reckless, negligent or careless conduct (including omission) by the Customer or resulting from wear and tear other than in a respect of any failure or malfunction resulting from fair wear and tear;

b) remedial maintenance necessitated by the undertaking of work on the Alarm System (including moving, relocation, conversion or adaptation) by anyone other than Catch Security Systems Ltd. unless approved by Catch Security Systems Ltd. and/or

c) remedial maintenance necessitated by a Force Majeure Event.

7.6 Catch Security Systems Ltd. may remotely access panels (being part of the Alarm System fitted and supplied by Catch Security Systems Ltd.) in order to facilitate essential maintenance and/or upgrades.

7.7 If the Customer requests the use of the Catch Security Systems Ltd. app, Catch Security Systems Ltd. confirms that the Customer shall be permitted access to the app for two users only. In the event that the Customer requires further users to have access to the app, Catch Security Systems Ltd. shall be entitled to charge the Customer a sum of €10.00 per each additional user for setup of those users on the app and a further fee of €2.00 per month per each additional user.

8. The Products

8.1 Catch Security Systems Ltd. may provide (at the request of the Customer) ancillary products relating to the Alarm Systems, a non-exhaustive list of which is set out in Appendix 1 of this Agreement in addition to the prices of those products. In the event that the Customer has any complaint or issue with any of these products, the Customer shall be obliged to contact the manufacturer of those products directly. For the avoidance of doubt, Catch Security Systems Ltd. shall have no liability in relation to the products to the fullest extent permitted by law.

9. Customer Warranty and Indemnity

9.1 The Customer warrants to Catch Security Systems Ltd. that they are over 18 (eighteen) years of age, legally entitled to enter in to the Agreement and are:

(i) the freeholder of the Premises; or

(ii) a tenant of the Premises and have obtained the landlord’s approval to the Installation and/or commencement of the Services at the Premises. Customer agrees to provide Catch Security Systems Ltd. with evidence of such landlord approval upon request.

9.2 The Customer irrevocably agrees to indemnify Catch Security Systems Ltd. against any claims made against it (and related costs incurred by it) by:

(i) Emergency Service Providers seeking reimbursement of their costs, where it is alleged by such Emergency Service Providers that their taking of action and/or attendance at the Premises as a consequence of the Services, was without just and sufficient cause; and

(ii) the Customer’s nominated key holders (or their nominee), in connection with their taking of any action on foot of an Alert, save that, the indemnity provided herein shall not apply to claims made against Catch Security Systems Ltd. which arise solely due to Catch Security Systems Ltd.’s negligence.

10. Problems with the Alarm System

10.1 Catch Security Systems Ltd. warrants the Intruder Alarm panel and linked intruder alarm devices (being part of the Alarm System fitted and supplied by Catch Security Systems Ltd.) for the duration of your contract. All warranties provided by Catch Security Systems Ltd. do not extend to parts, materials or equipment supplied by persons other than Catch Security Systems Ltd..

10.2 Catch Security Systems Ltd. will not be liable to the Customer for any defect or default in the Alarm System arising from: (a) any failure by the Customer to follow instructions provided by Catch Security Systems Ltd. (b) any misuse of the Alarm System; (c) any use of the Alarm System that has not been authorised by Catch Security Systems Ltd.; (d) any accident and/or intentional act causing damage to the Alarm System or any part thereof (save where caused by Catch Security Systems Ltd.) (e) the undertaking of work on the Alarm System (including alteration, reinstallation, moving, relocation, conversion or adaptation or repair of the System) by persons other than Catch Security Systems Ltd.; (e) fair wear and tear and/or (f) adverse weather conditions. In circumstances where Catch Security Systems Ltd. is required to perform any remedial maintenance as a consequence of the occurrence of any of the foregoing events, such remedial maintenance shall be carried out by Catch Security Systems Ltd. at its then prevailing price rates (including the relevant call out charge), which shall be notified to the Customer at the applicable time.

10.3 In the event of any defect with the Alarm System (or any other alarm system installed at the Premises which is used to provide the Services), the Customer shall be obliged to notify Catch Security Systems Ltd. of the defect as soon as possible and upon receipt of such notice, Catch Security Systems Ltd. shall subject to the foregoing provisions of this Clause 9, use every effort to repair or fix the defect as soon as may reasonably be practicable. Catch Security Systems Ltd. shall be entitled to charge for any such repairs or maintenance.

11. Charges

11.1 Charges shall be payable in advance. For the avoidance of doubt, Charges shall include Installations and call outs requested by the Customer.

11.2 The payment terms shall be those specified in the Security proposal or as otherwise notified by Catch Security Systems Ltd. to the Customer prior to an Order being made. In the event that the Customer is required to make an upfront payment (as defined in Clause 6.2) in accordance with an Order, the Customer shall be required to pay such sum to Catch Security Systems Ltd. prior to the Installation Date.

11.3 Invoices will not be posted to Customers and will instead be available through email. The Customer may request that an invoice be emailed to them and on receipt of such request, Catch Security Systems Ltd. shall email the applicable invoice to the Customer. If the Customer requested that the invoice be posted, Catch Security Systems Ltd. shall be entitled to charge a fee for postage.

11.4 Where charges are inclusive of VAT they shall be subject to amendment from time to time to reflect changes in prevailing rates of VAT.

11.5In the event that the Customer terminates this Agreement prior to the expiry of the Minimum Term or Catch Security Systems Ltd. terminates this Agreement in accordance with Clause 14, any outstanding Charges due to Catch Security Systems Ltd., including but not limited to

(i) any monthly subsidy amount (set out in Appendix I) remaining in the Minimum Term), (ii) any payments owing and (iii) the termination fee set out in Clause 14, shall become immediately payable by the Customer to Catch Security Systems Ltd.. For the avoidance of doubt, if the Customer returns the Alarm System to Catch Security Systems Ltd., the monthly subsidy amount referred to above shall not be charged to the Customer.

11.6 The Charges may be changed by Catch Security Systems Ltd. at its sole discretion. Catch Security Systems Ltd. shall use reasonable endeavours to notify the Customers in writing in advance of any increases in Charges

11.7 Should the Customer fail to pay any Charges by their due date for payment, Catch Security Systems Ltd. reserves the right to charge late payment interest to the Customer on the overdue sum at a rate of 3% per annum above the prevailing EURIBOR. Such late payment interest shall be calculated daily and compounded monthly, and shall accrue both before and after judgment until the date of actual payment of the overdue sum. The EURIBOR rate on any given day is available at http://www.euribor-ebf.eu/. Pending payment of any overdue amount, Catch Security Systems Ltd. may, without any liability to the Customer, suspend its delivery of the Services or terminate the Agreement and if applicable, recover possession of the Alarm System and/or the Retained Property.

11.8 Notwithstanding Clause 11.7 above, in circumstances where a Customer in good faith wishes to dispute the content of a Catch Security Systems Ltd. invoice and promptly notifies Catch Security Systems Ltd. of this fact, then for the period during which Catch Security Systems Ltd. is investigating their dispute, Clause 11.7 shall be of no application, save that the Customer shall still be required to pay in accordance with Clause 11.5 above, that part of the invoice which is not in dispute.

11.9 Where a Customer pays Charges by direct debit and the Customer seeks a refund, the Customer will still be liable for the amount of the cancelled direct debit and Catch Security Systems Ltd. will be entitled to pursue the Customer for recovery of any such amount. Where the Customer is not a consumer, the Customer waives any rights that it may have to seek such a refund and Customer shall follow the procedures detailed on the Website if it is seeking a refund.

11.10 Catch Security Systems Ltd. reserves the right to charge Customers for the recovery of any unpaid direct debits. Catch Security Systems Ltd. also reserves the right to charge an administration fee for any amendments requested by the Customer to the Customer information held by Catch Security Systems Ltd. (including the named keyholders).

12. Liability of Catch Security Systems Ltd.

12.1 Catch Security Systems Ltd. is not an insurer and the Customer acknowledges and accepts that Catch Security Systems Ltd. shall not as a consequence of its entry into an Agreement, have any liability whatsoever to the Customer for any damage to the Premises and/or any loss suffered by the Customer or any other party at the Premises (whether of contents or otherwise).

12.2 Catch Security Systems Ltd. makes no guarantee or warranty that the Alarm System and/or the Services will avert or prevent occurrences or the consequences of occurrences which the Alarm System and/or the Services are intended to detect.

12.3 Notwithstanding the foregoing provisions of this Clause 12, should Catch Security Systems Ltd. for any reason, be deemed to be liable for any loss, damage, expense or injury arising out of or in connection with any defect or malfunction of the Alarm System and/or the provision of the Services or in respect of any failure, interruption, or restriction of the Alarm System and/or the Services caused by any act, omission or negligence on the part of Catch Security Systems Ltd., the total aggregate liability (whether in contract, tort or otherwise) of Catch Security Systems Ltd. shall be the lesser of the amount paid by the Customer to Catch Security Systems Ltd. pursuant to the Agreement and fifteen thousand euro (€15,000).

12.4 Catch Security Systems Ltd. shall not under any circumstances have any liability to the Customer for any special, consequential or indirect loss whatsoever, or for any economic loss (including loss of profits, loss of business, depletion of goodwill or loss of business opportunity) whether foreseen or unforeseen and whether caused by the negligence of Catch Security Systems Ltd. or otherwise.

12.5 Catch Security Systems Ltd. will make good any damage caused to the Premises by Catch Security Systems Ltd. in the course of the Installation or performance of the Services, however, for the avoidance of doubt, Catch Security Systems Ltd. shall not be responsible for the cost of repairing any pre-existing faults or damage to the Premises which is discovered in the course of the Installation and shall have no obligation to restore the Premises to its pre-installation condition following its removal of the Alarm System or any Retained Property in accordance with these Conditions.

12.6 Nothing in these Conditions excludes or limits the liability of Catch Security Systems Ltd. for death or personal injury cause by Catch Security Systems Ltd.’s negligence, or for any matter which it would be illegal for Catch Security Systems Ltd. to exclude or attempt to exclude its liability or for fraud or fraudulent misrepresentation.

13. Customer’s Obligations

13.1 The Customer shall be obliged to:

(i) test the Alarm System on a monthly basis.

(ii) promptly report any defects in the Alarm System and/or Services to Catch Security Systems Ltd.

(iii) ensure that the Alarm System is at all times kept safely and properly used and in connection therewith, the Customer shall:

(a) while the Alarm System is not in use, ensure that the electricity supplied to it is not turned off and that wifi remains active at all times.

The customer should inform us of any change in broadband provider which may affect wifi passwords.

(b) not dispose of or deal with the Alarm System in any way by, for example, trying to sell it or hire it to anyone else, or by putting it up as security for a loan, mortgage or charge, or allow the Alarm System to be seized under any legal process.

(c) not move the Alarm System to another location without Catch Security Systems’s prior written consent.

(d) not remove, tamper with or obliterate any words or labels on the Alarm System.

(e) take proper care at all times to use the Alarm System in accordance with the instructions provided by Catch Security Systems Ltd.

(f) not allow third parties to service, maintain, add to and/or remove from the Alarm System in part or in total;

(g) not to engage in any action that could hinder or inhibit Catch Security Systems Ltd. in the provision of the Services and

(h) comply with any other requirements notified by Catch Security Systems Ltd. from time to time.

13.2 Catch Security Systems Ltd. reserves the right to charge for any work which it is required to carry out in relation to the Alarm System and/or the Services which is attributable to a failure by the Customer to perform the obligations specified in Clause 13.1 above or such other obligations as may from time to time, be notified by Catch Security Systems Ltd. to the Customer in writing. Details of any applicable Charges shall be notified to the Customer at the relevant time, a non-exhastive list of which is set out at Appendix I

13.3 Any reference in this clause 13 to the Alarm System shall include any pre-installed alarm system existing at the Premises which is used to provide the Services.

14. Term and Termination

14.1 Term

The Agreement will come into existence on the Commencement Date and subject to any early termination pursuant to this Clause 14 , shall terminate on the expiry of the Minimum Term, save that, the Customer must notify Catch Security Systems Ltd. a minimum of 30 (thirty) days prior to the expiry of the Minimum Term that it does not wish to continue the Agreement beyond the expiry of the Minimum Term and where it fails to do so, the Agreement will continue in force after the expiry of the Minimum Term and shall remain in force until the expiry of:

(i) the Further Minimum Term; or

(ii) where no Further Minimum Term has been agreed between Catch Security Systems Ltd. and the Customer, shall continue in force for rolling “one year” periods ,provided that, where the Agreement continues pursuant to a Further Minimum Term or a rolling “one year” period, the Customer must notify Catch Security Systems Ltd. a minimum of 30 (thirty) days prior to the expiry of the Further Minimum Term or any applicable “one year” period, that it does not wish to continue the Agreement beyond the expiry of such term, and where it fails to do so, the Agreement shall again continue thereafter, on a rolling “one year” basis, or for such other time period as shall be agreed between the Customer and Catch Security Systems Ltd.. Accordingly, for the avoidance of doubt, any contract period (whether the Minimum Term, Further Minimum Term or rolling “one year” period), shall (subject to the rights of early termination specified herein) continue beyond the expiry of such period unless the Customer notifies Catch Security Systems Ltd., a minimum of 30 (thirty) days prior to the expiry of the applicable period, of their wish to terminate the Agreement on the expiry of that period.

14.2 Termination by the Customer

14.2.1 Ending the Agreement during the “Cooling Off Period”: The Customer may, without giving any reason, terminate the Agreement at any time within a period of 14 (fourteen) days following the Commencement Date by notifying Catch Security Systems Ltd. accordingly. If the Customer terminates the Agreement under this Clause 14.2.1 and has already made payment to Catch Security Systems Ltd. of some or all of the Charges, the following shall apply:

(i) Charges paid which relate to Services which Catch Security Systems Ltd. has not yet provided, shall be refunded by Catch Security Systems Ltd.;

(ii) Charges paid which relate to Services which Catch Security Systems Ltd. has already provided to the Customer shall not be refunded.

14.2.2 Ending the Agreement after the “Cooling Off Period”:

(i) Should the Customer wish to terminate the Agreement at any time after the Cooling Off Period, other than pursuant to Clause 14.1 above (i.e. on providing a minimum of 30 (thirty) days’ notice prior to the expiry of the applicable term) or Clause 14.2.2(ii) below, the Customer shall be required to pay to Catch Security Systems Ltd. a termination fee, which shall equate to the full amount of the Charges which would otherwise have been payable by the Customer to Catch Security Systems Ltd. under the Agreement during the remainder of the Minimum Term, the Further Minimum Term, or any applicable “one year” rolling period (as the case may be), had the Customer not terminated the Agreement early. Such termination fee shall become immediately payable on termination in addition to any amount subsidised by Catch Security Systems Ltd. to the Customer, which for the avoidance of doubt shall include any outstanding subsidised hardware costs

(ii) In the event of Catch Security Systems Ltd. being in breach of the Agreement in any material way and failing to commence action to remedy such breach within 30 (thirty) days of Catch Security Systems Ltd. receiving a written request from the Customer to do so, the Customer shall be permitted to immediately terminate the Agreement by notifying Catch Security Systems Ltd. in writing and should the Customer terminate the Agreement in such circumstances, no termination fee shall be payable by the Customer and Catch Security Systems Ltd. shall refund all Charges paid to Catch Security Systems Ltd. by the Customer for Services not yet provided to the Customer. For the avoidance of doubt, in this event, the Customer shall remain liable for any outstanding subsidised hardware costs.

14.3 Termination by Catch Security Systems Ltd.

14.3.1 Ending the Agreement on Notice: Catch Security Systems Ltd. may terminate the Agreement at any time (without reason) upon providing the Customer with at least 30 (thirty) days’ notice in writing. Upon termination by Catch Security Systems Ltd. in accordance with this Clause 14.3.1, should the Customer have made any payment in advance for Services that have not yet been provided by Catch Security Systems Ltd., Catch Security Systems Ltd. will refund such amounts to the Customer.

14.3.2 Ending the Agreement for non-payment of Charges:

Catch Security Systems Ltd. may terminate the Agreement at any time with immediate effect by notifying the Customer in writing, if the Customer fails to pay any of the Charges by their due date for payment. Any termination of the Agreement by Catch Security Systems Ltd. pursuant to this Clause 14.3.2 does not affect Catch Security Systems Ltd.’s right to charge the Customer interest under Clause 11.7 above or any other rights which may be available to Catch Security Systems Ltd. in such circumstances.

14.3.3 Ending the Agreement in the event of a breach or insolvency scenario Catch Security Systems Ltd. may terminate the Agreement with immediate effect by giving written notice to the Customer if:

(i) the Customer breaches any term of the Agreement (other than a breach of its payment obligations, which is dealt with instead under clause 14.3.2 above) and does not remedy the breach within 30 (thirty) days of being asked by Catch Security Systems Ltd. to do so;

(ii) the Customer (being a company or other business entity) has a receiver, manager, examiner, administrator, administrative receiver or similar officer appointed in respect of the whole or any part of its assets or business or enter into liquidation (whether compulsory or voluntary) or

(iii) the Customer (being an individual) is adjudged bankrupt or makes any composition or arrangement with their creditors or suffers distress or execution to be levied on the Premises or

(iv) the acts or omissions of the Customer or anyone acting on their behalf, prevents Catch Security Systems Ltd. from carrying out the Services.

14.3.4 Ending the Agreement due to Unsuitability:

Catch Security Systems Ltd. may terminate the Agreement at any time with immediate effect by notifying the Customer in writing, if Catch Security Systems Ltd., in its absolute discretion, determines that a pre-installed alarm system located at the Premises, is not suitable for providing the Services.

14.3.5 Ending the Agreement due to the provision of invalid payment details:

Catch Security Systems Ltd. may terminate the Agreement at any time with immediate effect by notifying the Customer in writing, if Catch Security Systems Ltd., establishes that the payment details provided by the Customer are invalid.

14.4 Alarm Codes

14.4.1 The Alarm Codes are the property of Catch Security Systems Ltd. Upon termination of the Agreement, Catch Security Systems Ltd. shall, upon receipt of payment of all amounts owing to it by the Customer under the Agreement, provide the Customer with the Alarm Codes, but shall not otherwise be required to provide the Alarm Codes to the Customer.

15. Changes to the Conditions

15.1 Catch Security Systems Ltd. may revise these Conditions from time to time in its absolute discretion.

15.2 Catch Security Systems Ltd. reserves the right to amend the Conditions at any time without notice to the Customer. Such amended Conditions shall be made available on the Website and shall be immediately incorporated and form part of this Agreement as if they were contained within this Agreement.

16. General Provisions

16.1 The Customer irrevocably grants to Catch Security Systems Ltd. such rights over, and access to, the Premises as are necessary for Catch Security Systems Ltd. to install the Alarm System at the Premises and/or provide the Services at the Premises and to perform on the Premises any necessary maintenance, repair, and/or other activities as are reasonably necessary to ensure proper performance of the Alarm System and the Services and in connection therewith, to bring upon, install and keep installed and operate at/on the Premises, all related operating equipment and where applicable, to remove the Alarm System and Retained Property from the Premises upon termination of the Agreement and the Customer undertakes at Customer’s own expense to procure all third party consents as shall be necessary to allow Catch Security Systems Ltd. to access the Premises in accordance with this Clause 16.1. Catch Security Systems Ltd. reserves the right to charge a fee for removing the Alarm System from the Premises. Where Catch Security Systems Ltd. is prevented for any reason from having reasonable access to the Premises to remove the Alarm System, Catch Security Systems Ltd. shall be permitted at its discretion, to invoice the Customer for the full cost of the Alarm System together with the reasonable costs incurred by Catch Security Systems Ltd. in seeking to recover the Alarm System from the Premises.

16.2 Catch Security Systems Ltd. will process all Customers’ personal information in accordance with the Data Protection Act 1988 as amended by the Data Protection (Amendment) Act 2003 and its Privacy Policy, a copy of which is contained on the Website.

16.3 Catch Security Systems Ltd. shall not be liable to the Customer for any delay and/or failure by Catch Security Systems Ltd. to provide any element of the Alarm System or the Services in accordance with the Agreement, where such delay or failure is caused by the occurrence of a Force Majeure Event. If a Force Majeure Event takes place which impacts on Catch Security Systems Ltd.’s ability to perform its obligations under the Agreement, Catch Security Systems Ltd. shall notify the Customer as soon as may reasonably be practicable upon becoming aware of the occurrence of such an event and thereafter, all obligations of Catch Security Systems Ltd. which are impacted by the Force Majeure Event shall be suspended for the duration of such Force Majeure Event.

16.4 Where the Customer wishes to contact Catch Security Systems Ltd. in writing, or is required in these Conditions to serve notice on Catch Security Systems Ltd. in writing (for example, to terminate the Agreement), this can be done by e-mail, by hand, or by pre-paid post to the Catch Security Systems Ltd. address set out on the Website. Where Catch Security Systems Ltd. wishes to, or is required to, contact the Customer in writing, it shall do so by e-mail, by SMS, by hand, or by pre-paid post to the Premises. Alternatively, Catch Security Systems Ltd. may deliver general notices to Customers by way of an online announcement on the Website, by a notice in any national newspaper or by such other method as Catch Security Systems Ltd. deems appropriate.

16.5 Catch Security Systems Ltd. may assign any of its rights or obligations under the Agreement without the Customer’s consent. In such circumstances, Catch Security Systems Ltd. shall procure that the Customer is notified accordingly. The Customer shall be prohibited from assigning its rights and/or obligations under an Agreement without the consent in writing of Catch Security Systems Ltd.

16.6 Subject to Clause 16.5 above, the Agreement is between Catch Security Systems Ltd. and the Customer and accordingly, no other party shall have any right to enforce any of its terms.

16.7 If any provision of the Agreement (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in force.

16.8 A waiver by Catch Security Systems Ltd. of any breach of the Agreement by the Customer or the acquiescence of Catch Security Systems Ltd. in any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of the applicable term, provision or condition or of any subsequent act by the Customer which is contrary thereto. Any such waiver by Catch Security Systems Ltd. shall be in writing.

16.9 The Agreement is governed by the laws of Ireland and any dispute and/or claim relating to the Agreement shall be governed by and construed in accordance with the laws of Ireland.

APPENDIX I – SCHEDULE OF PROMOTIONAL WIRELESS ALARM SYSTEM – COMPONENT CHARGES NET OF VAT

Owned / Rented

Shock/Inertia Window €60 / €3p/m

Door/Window Contact €60 / €3 p/m

Motion/PIR €80 / €3 p/m

KeyFob €60 / €2 p/m

Smoke Detector €110 / €4 p/m

Decoy Box with Flashing Light €50 / €3p/m + Installation Fee

Keypad €80

Other Charges

Non-essential / out of warranty Service Visit (based on time onsite)

Out of warranty Battery Changes (based on battery type)

Maintenance with App Notificatons (based on system size)

Maintenance with Central Station Monitoring (based on system size)

App Monthly Charge per additional user €10 Admin fee

Unpaid Direct Debit €10 Admin fee

Contract Termination Fee €150

New Broadband Connection Fee €99