Terms And Conditions
- COMPANY INDEMNITIES AND INSURANCE
|Cover||Limit of Indemnity|
|PUBLIC AND PRODUCT LIABILITY||£5,000,000|
|MISUSE OF CUSTOMER’S PHONES||£5,000|
|LOSS OF KEYS||£100,000|
ASSURED 24 business insurance is provided by Darwin Clayton (UK).
- THE CUSTOMER’S OBLIGATIONS
(a) shall notify the Company of any structural alterations to the Premises or any alteration to its doors or locks or of any modification affecting any burglar, fire or other alarm system installed in the Premises.
(b) shall notify the Company of any act of dishonesty or default in the performance of the Service by any of its staff immediately the Customer has knowledge thereof.
(c) hereby indemnifies and holds harmless the Company from and against all liability, loss, damage, penalties, costs, claims and expenses suffered or incurred by the Company arising from any death or injury to any of its staff where such death or injury results from the negligence of the Customer, his employees, agents or licensees or from breach by the Customer of his statutory duty under the Occupiers Liability Act 1957.
(d) shall identify and consult with the Company on any specific health and safety requirements that apply, or are likely to apply, during the period of Agreement.
(a) The Company must maintain confidentiality with respect to information obtained whilst tendering for or fulfilling the Service.
(b) If either party shall commit any breach of this agreement then the other may by 7 days’ notice in writing terminate this Agreement. The right of termination shall be in addition to the company’s rights under (a) above and shall be without prejudice to its right to recover any sum from the Customer.
(c) Without prejudice to any other right or remedy available to the company whether under this agreement or at law the Company reserves the right to charge interest on any sum due to the Company and not paid on the due date at the rate of 4% per annum above base rate of Bank of England from time to time compounded monthly on all amounts overdue until payment thereof such interest to run from day to day and to accrue after as well as before any judgement.
(d) If payment shall be more than one month in arrears the Company shall have the right by notice in writing to Customer to withdraw forthwith the Service until payment in full of all such arrears and interest has been made. Time for payment shall be of the essence of this agreement.
(e) The Customer, subject to the payment to the Company of any arrears of any Service Charges and any other payments due under the Agreement to the expiry of this Agreement, and the Company shall be entitled to terminate this Agreement by notice in writing. Termination of this Agreement for any reason whatsoever shall be without prejudice to the rights of each party accrued as at the date of termination.
(f) The Company may increase the Service Charges at any time after 12 months from the Commencement Date by giving notice in writing to the Customer stating the new Service Charges and the date (not being earlier than the date of the notice) on or after which the new Service Charges shall become effective. The Customer may within 14 days after the service of any notice of the new Service Charges give a 30 day notice in writing to the Company terminating this agreement. If the Customer shall give such notice of termination the new Service Charges shall not be effective.
(g) The Company may assign all or any of its rights under this Agreement and perform any of its obligations through sub-contractors.
(h) This Agreement shall forthwith terminate without prejudice to any rights which the Company may have against the Customer if the Customer shall become bankrupt or have a Receiver appointed in respect of the whole or any substantial part of its assets or compounds with its creditors or enters into liquidation.
(i) Any failure by the company to perform any of its obligations by reason of any cause beyond the control of the Company, including without limitation, strikes, lockouts, other labour disputes, weather conditions, fire, flood, lightning, traffic congestion, mechanical breakdown, obstruction of any public or private roads or highway, shall not be deemed a breach of this Agreement.
(j) The Company provides The Service simultaneously for a number of customers, so on occasion interruptions or delays can occur when an Event occurs at the premises of another customer during the course of a Key Holding Response Officer’s duties.
(k) The Company will not enter into any commitment which would involve assuming the powers of the civil police.
(l) The Company shall return the Keys to the Customer by Recorded Post within 7 days of termination of this Agreement or if requested by the Customer in writing.
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