Netsmart Security Limited (” Netsmart “ ) trading as Network Security,
Install, Monitoring & Service Terms and Conditions
Please read these terms and conditions set out below and note, in particular, the important
conditions relating to Our Contract with You (clause 2), Duration of Contract (clause 3), Ownership
of the Security/Safety System (clause 5), Price and Payment (clause 8), Our Liability to You (clause 9), Your Obligations (clause 10) and Ending the Contract (clause 12).
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
(a) Security/Safety System: the equipment or components to be installed at the Premises
described in the System Design Proposal, on Our Website and/or as agreed with you
from time to time. See also system configuration set out in Schedule 1
(b) Alert: an alert transmitted from the Security/Safety System in the event of the Security/Safety System detecting a breach or other relevant activation at the Premises;
(c) Charges: the charges for the Security/Safety System and/or the Service as set out in the
System Design Proposal, in the Price List or as may otherwise be agreed with you and set out in an invoice or other document issued to you;
(d) Contract: these Terms, the System Design Proposal and any other documents
referred to in the Terms or the System Design Proposal (including documents posted
on our Website);
(e) Emergency Instructions: the instructions given by you to us as to the steps to be
taken in the event of a particular Alert to include the emergency instructions relating
to the Alert including details relating to your nominated keyholders and verification word;
(f) Emergency Service Provider: includes An Garda Síochána, fire authorities, the state health services or any other provider of an emergency service;
(g) Event Outside Our Control: is defined in clause 10.1;
(h) Minimum Term: a minimum term for which the Service will be provided to you as set
out in the System Design Proposal or as we may otherwise agree with you from time
(i) Further Minimum Term: a further minimum term for which the Service will be provided to
you as set out in an invoice pack and/or in any other documents issued to you or as
we may otherwise agree with you from time to time;
(j) Order: Your order for the Security/Safety System and/or the Service, the details of which are
set out in the System Design Proposal;
(k) Premises: the address at which the Security/Safety System will be installed as set out in the
System Design Proposal;
(l) Price List: Our price list(s) as may be updated from time to time;
(m) Service: the monitoring and/or maintenance service and any other services to be
provided by us to you as set out in the System Design Proposal, on Our Website or as
otherwise agreed with You from time to time;
(n) Retained Property: the external ‘decoy’ bell box and any other components of the
(o) System Design Proposal: the form sent by Us to You setting out details and payment
options and payment details for the Security/Safety System and/or the Service to be provided
to you by us should your Order be accepted;
(p) Terms: the terms and conditions set out in this document and identified as Netsmart Install, Monitoring & Service Terms and Conditions
(q) We/Our/Us: Netsmart, unit 510A grants Avenue, Greenogue Business Park Rathcoole, Co. Dublin and, where applicable, Our employees, agents or subcontractors;
(r) Website: www.networksecurity.ie; and
(s) You/Your or Customer: the customer that enters into the Contract with us as set out
on the System Design Proposal.
2.1 These are the Terms on which we install the Security/Safety System and/or provide the Service to you. Please ensure that you read these Terms carefully, and check that the details on the System
Design Proposal and in these Terms are complete and accurate before you sign and submit the
System Design Proposal to us. If you think that there is a mistake or require to make any changes, please contact us to discuss and agree in advance.
2.2 When you sign and submit the System Design Proposal to us, this does not mean we have
accepted your order. Our acceptance of your order will only take place as described in clause 2.3. If
we are unable to provide you with the Security/Safety System and/or the Service, We will inform you of this, in writing or otherwise.
2.3 These Terms will become binding on you and us when we accept the terms of your System
Design Proposal. At that point the contract will come into existence between
you and us.
2.4 If any of these Terms conflict with any term of the System Design Proposal, the System Design
Proposal will take priority.
2.5 We shall assign you a customer account number and inform you of it when we confirm
acceptance of your order. Please quote the customer account number in all subsequent
correspondence with us relating to the Security/Safety System and/or the Service.
3.1 The Contract will come into existence as described in clause 2.3. Unless terminated earlier in accordance with clause 12 and will remain in force for the Minimum Term. Unless otherwise agreed by you and us (for example by agreeing a Further Minimum Term) After completion of the initial minimum term, your contract will automatically renew for a Further 12 months minimum term annually.
If the contract is cancelled during the initial minimum term, I understand that I am liable to the termination charge calculated at the sum of the monthly tariff charges which would otherwise be payable until the end of the minimum term. You may end the Contract by providing us with written notice within 30 days of the renewal date of the initial minimum term.
3.2 Either party may give written notice to the other party within 30 days before the end of the Minimum Term or a Further Minimum Term to terminate the Contract at the end of the Term or the Further Minimum Term, as the case may be. Once we have begun to provide a further minimum term Service to you, you may end the Contract by providing us with written notice within 30 days of the renewal date of the Further Minimum Term contract. Should you wish to end the Further minimum term contract prior to this point, Network Security will require a cancellation fee.
The security system is subject to reservation of ownership until the ﬁnal monthly payment has been made. The operation of the security system may be affected if your account falls into arrears.
Paying your annual renewal invoice constitutes agreement with the terms and conditions set out above.
The benefits of being a Network Security contract holder:
(NEW) Free device battery replacements (up to qty 15 per year).
(NEW) Lifetime warranty on Network Security installed wire free alarm systems with an active contract (this excludes system take-overs).
One maintenance site visit per annum and unlimited calls for any reported system issues.
24 Hour monitoring, Technical Support & App access for Network security installed systems.
3.3 COMMERCIAL CONTRACT
After completion of the initial minimum term, your contract will automatically renew for a Further 12 months minimum term annually.
You may end the Contract by providing us with written notice within 30 days of the renewal date of the initial minimum term.
Once we have begun to provide a further minimum term Service to you, you may end the Contract by providing us with written notice within 30 days of the renewal date of the Further Minimum Term contract. Should you wish to end the Further minimum term contract prior to this point, Network Security will seek a cancellation fee equal to 25% of the annual fee.
The security system is subject to reservation of ownership until the ﬁnal monthly payment has been made. The operation of the security system may be affected if your account falls into arrears.
Monthly payments: If the contract is cancelled during an initial minimum term, I understand that I am liable to the termination charge calculated at the sum of the monthly tariff charges which would otherwise be payable until the end of the minimum term.
Paying your annual renewal invoice constitutes agreement with the terms and conditions set out above.
4.1 When your Order has been accepted, we will install the Security/Safety System at the Premises.
4.2 Delivery handover of the Security/Safety System shall take place when we complete the installation of the Security/Safety System at the Premises. Any dates and times for delivery and/or installation of the Alarm System set out in the System Design Proposal are approximate only and we shall not be liable for any delay in delivery or installation of the Security/Safety System.
4.3 In order to perform our obligations under the Contract, you hereby grant us such rights over, and
access to, the Premises as are reasonably necessary for us to install the Security/Safety System and/or provide the Service to you from time to time, upon giving You reasonable notice (save in any emergency):
(i) to enter those parts of the Premises to the extent that they are required for the purposes of
Netsmart , Monitoring & Service Terms and Conditions the installation of the Security/Safety System; (ii) to perform installation, maintenance, adjustment, repair, replacement, renewal, inspection or removal work at or on the Premises from time to time; and/or
(iii) to bring upon, install and keep installed and operate at or on the Premises equipment and
the maintenance of such equipment, as applicable. The engineer from Netsmart shall proceed to enter programming mode on every subsequent visit once permission is granted to enter the premises.
4.4 Netsmart may remotely access control panels in order to facilitate essential maintenance
4.5 You will at your own expense provide or procure whatever further rights over the Premises we
require from any landlord and/or successor in title and/or any other person with an interest in the
Premises whose consent is legally required to enable us to exercise the rights over the Premises
granted pursuant to clause 4.3 and you will enter into any necessary additional documentation
to give effect to the grant of such rights. You warrant that you are the current occupier of the
Premises and are either the freeholder or a tenant of the Premises under a lease of 12 months
or more and that you are over 18 years of age and legally entitled to enter the contract.
4.6 Each party shall at all times comply with all reasonable instructions of the other party or any third party pursuant to any rights over the Premises obtained in accordance with this clause 4.
a) Rental Customers:
If your Contract with us is a rental agreement, We retain ownership of the Security/Safety System at all times and the Security/Safety System is provided to you on a rental basis only. The Security/Safety System shall be returned to us on the termination of the Contract and you agree to allow us access to the Premises for the purpose of removing the Security/Safety System. Such access will be at a reasonably convenient pre-determined time. We reserve the right to charge a de-install fee and you will be advised of any such Charges. If such access cannot be reasonably provided then we reserve the right to invoice you for the full cost of the Security/Safety System together with the reasonable costs incurred by us in an effort to reclaim our property. Where access cannot be provided we also reserve the right to decommission the system meaning we will remove all functionality from the alarm remotely without notice to you .
b) Other Customers
If Your Contract with us is not a rental agreement, the property in the Security/Safety System (except Retained Property) shall not pass to you until We have received, in cleared-funds, payment of the Charges which are then due. We retain ownership of the Retained Property at all times.
Retained Property shall be returned to us on the termination of the Contract and you agree to
allow us access to the Premises for the purpose of removing such Retained Property. Such
access will be at a reasonably convenient pre-determined time. We reserve the right to charge
a de-install fee and you will be advised of any such Charges. If such access cannot be
reasonably provided then we reserve the right to invoice you for the full cost of the Retained
Property in question together with the reasonable costs incurred by Us in an effort to reclaim
6.1 We will provide the Service to you for the duration of the Contract.
6.2 We will make every effort to provide the Service to you in accordance with the terms and conditions . However, we may be prevented from doing so due to an Event Outside Our Control. See clause 10 for our responsibilities when an Event Outside Our Control happens.
6.3 You are responsible for assigning all emergency instructions to us within our installation paperwork. In some cases there may be a delay in monitoring your premises if these instructions / details are not provided. Monitoring may not commence for up to 24 hours from time of installation.
6.4 You are responsible for ensuring that Emergency Instructions provided to us by you are accurate
and for giving us any necessary information to allow us to provide the Service in accordance with
Netsmart Install, Monitoring & Service Terms and Conditions the terms of the Contract. Emergency Instructions relating to an Alert will be subject to the relevant Emergency Service Provider’s policy from time to time.
6.5 We have the right to change or suspend all or part of the Service where we reasonably determine that any technical modification or change in our trading, operating or business practices or policy is necessary to maintain or improve the Service which We provide to you, including: (a)
interrupting or suspending the Service due to an emergency, for the purposes of repair,
maintenance, improvement or because of technical problems or other operational reasons; (b)
where there is any change or amendment to any law or regulation which applies to Our trading,
operating or business practices or policy; and/or (c) where, in our reasonable opinion, it is
otherwise necessary or desirable to do so. You agree that such changes do not constitute
changes to the contractual conditions of the Service.
6.6 Where practicable, we will give notice to you prior to the changes to the Service being introduced.
We will also publish details of any changes (including the operative date) on our Website as soon
as possible prior to the changes being introduced.
6.7 If any claim is made or threatened, whether by legal proceedings or otherwise, against us by an
Emergency Service Provider on the grounds that the operation of the Service resulted in the
provision of services or attendance by such persons at the Premises without just and sufficient
cause and that costs and expenses were incurred by such persons, you shall (except where
caused by our negligence or breach of Contract) compensate Us in respect of all reasonable vouched costs, fees and expenses incurred by us as a result.
6.8 The Service provided does not include visits to the Premises (or additional time spent at the
Premises) for the purpose of:
(a) rectifying any failure or malfunction of the Security/Safety System and/or the Service caused
directly or indirectly by accident, neglect, misuse (other than for the use for which it was intended) or by adverse environment conditions, electrical current fluctuations (including failure of electrical power) or deliberate damage resulting from reckless, negligent or careless conduct (including omission) by you or resulting from wear and tear other than in respect of any failure or malfunction resulting from fair wear and tear;
(b) remedial maintenance necessitated by the undertaking of work on the Security/Safety System
(including moving relocation, conversion or adaptation) by anyone other than Us,
unless approved by us; and/or
(c) remedial maintenance necessitated by Event Outside Our Control.
6.9 If You do not pay us for the Service when You are supposed to as set out in clause 7.1, We may
suspend the Service with immediate effect until You have paid Us the outstanding amounts due
(except where you dispute an invoice in accordance with clause 7.6). We will contact you to tell
you this. This does not affect our right to charge You interest under clause 7.5 or any of our other
7.1 The Security/Safety System will correspond with the product warranty as set out on our Website which is subject to the conditions set out below in this clause 6. The warranty does not extend to parts, materials or equipment supplied to you by persons other than Us and We will not be liable for
any defect arising from: (a) failure by you to follow instructions given by us or from misuse of the
Security/Safety System; (b) the undertaking of work on the Security/Safety System (including alteration, reinstallation, moving, relocation, conversion or adaptation or repair of the System) by persons other than us; and/or (c) fair wear and tear.
7.2 You will not be entitled to replacement parts of the Security/Safety System free of charge where the part
is no longer available from the manufacturer or is obsolete, and where batteries have become
depleted outside of their 3year warranty. We will notify you if a requested part is unavailable.
We will not be liable for any loss or damage suffered by you resulting from such unavailability or
7.3 In the event that there is any defect with the Security/Safety System and/or the Service, please contact us and tell us as soon as reasonably possible and we will use every effort to repair or fix the defect as soon as reasonably practicable.
7.4 Except as expressly stated in the Contract, all conditions, terms, warranties and representations
whether express or implied by law in relation to the provision of the Security/Safety System and/or the Service are excluded to the fullest extent permitted by applicable law.
8.1 You will pay us the Charges in accordance with the payment terms set out in the System Design
Proposal or as may be otherwise agreed with you.
8.2 We will charge you in advance for the Charges for the Security/Safety System and/or the Service for the Minimum Term and, thereafter, in advance for any Further Minimum Term or on a monthly basis if you have not entered into a Further Minimum Term. If you choose to pay by direct debit We
will only send invoices to you where You so request. Additional Charges may apply from time to
time where additional non-standard maintenance is required and any such Charges will be
agreed with you. Unless otherwise agreed with us, You must pay each invoice in cleared monies
within one month of the date of the relevant invoice.
8.3 The Charges may change at any time and you will be notified in writing of any increase to the
Charges in accordance with clause 12.2.
8.4 Unless otherwise set out in the System Design Proposal or in an invoice or other document
issued to you, the Charges are inclusive of VAT. However, if the rate of VAT changes between
the date of the confirmation of acceptance of Your Order and the date of installation of the Alarm
System or the start of the Service, We will adjust the rate of VAT that You pay, unless you have
already paid the Charges in full before the change in the rate of VAT takes effect.
8.5 If you do not pay the Charges by the due date for payment, We may charge interest to you on
the overdue amount at the rate of 3% a year above the EURIBOR from time to time. The
EURIBOR rate on any given day is available at http://www.euribor-ebf.eu/. This interest shall
accrue on a daily basis from the due date until the date of actual payment of the overdue amount,
whether before or after judgment. You must pay us interest together with any overdue Charges.
8.6 However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that You dispute it, clause 7.5 will not apply for the period of the dispute.
8.7 We reserve the right to charge for any work done by us in relation to the Security/Safety System and/or
the Service which is attributable to a failure by You to perform Your obligations under the Contract
and We will advise you of the Charges involved.
8.8 Where payment is made by you to Us by direct debit via a payment service provider (which would include your bank) and you exercise your rights to seek a refund from your payment service
provider, you will still be liable for the amount of the cancelled direct debit and We will be entitled
to pursue you for recovery of any such amount. If You are not a consumer, you waive any rights
that you have to seek such a refund from Your payment service provider and you shall follow the
procedures detailed on our Website from time to time in this regard.
9.1 You acknowledge that we are not an insurer and that we shall have no liability whatsoever for
any loss suffered by you at the Premises or to the contents of the Premises. We provide no
guarantee or warranty that the Security/Safety System and/or the Service will avert or prevent occurrences or the consequences of occurrences which the Security/Safety System and/or the Service are intended to detect.
9.2 Notwithstanding clause 9.1 above, should we be held liable for any loss, damage, expense or
injury arising out of or in connection with any defect or malfunction of the Security/Safety System and/or the provision of the Service or in respect of any failure, interruption, or restriction of the Alarm System and/or the Service caused by any act, omission or negligence of ours, Our total
aggregate liability (whether in contract, tort or otherwise) shall not exceed fifteen thousand euro
9.3 We shall have no liability to you under any circumstances 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) even if we have been advised of the
possibility of such losses.
9.4 We will make good any damage to the Premises caused by us in the course of installation of the
Security/Safety System or performance of the Service. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that We discover in the course of
installation and We will have no obligation to perform work to restore the Premises to its preinstallation condition after the removal by us of Retained Property in accordance with the Terms.
9.5 We do not exclude or limit in any way our liability for: (a) death or personal injury caused by our
negligence; (b) fraud or fraudulent misrepresentation; and/or (c) any other liability which may not
be excluded or limited under applicable law.
10.1 You shall test the Security/Safety System on a monthly basis in accordance with the instructions set out in the user manual, on our Website or otherwise provided to you from time to time and you shall promptly report any defects to us.
10.2 You are responsible for ensuring that the Security/Safety System is at all times kept safely and properly used and in this regard you agree that:
(a) while the Security/Safety System is not in use, electricity supplied to it is not turned off.
(b) the Security/Safety System uses a 3 amp plug top and must be plugged in to a working
socket at all times
(c) You shall not dispose of or deal with the Security/Safety 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 Security/Safety System to be seized under any legal process;
(d) You shall not move the Security/Safety System to another location.
(e) You shall not remove, tamper with or obliterate any words or labels on the Alarm System;
(f) You shall take proper care at all times to use the Security/Safety System in accordance with
the user manual provided to you on installation;
(g) You shall not allow third parties to service, maintain, add to and/or remove from the
Security/Safety System in part or in total
(h) You shall contact us prior to any testing of Smoke / CO2 Sensors fitted within your premises
(i) You shall inform us immediately if You change landline and/or broadband provider
(j) You will comply with any other requirements notified to you by us from time to time.
10.3 You shall afford us all reasonable cooperation for the purpose of installing the Security/Safety System and providing the Service, in particular, You shall make available adequate and suitable power supply, power points, electrical fittings, broadband connectivity and telephone lines and fittings at the Premises.
11.1 We will not be liable to you under the Contract, for any delay or failure by us to provide any
element of the Security/Safety System or the Service where such delay or failure is caused by any event Netsmart Install, Monitoring & Service Terms and Conditions outside our reasonable control including 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 service provider, Emergency Service Provider or a relevant regulatory authority (“Event Outside our Control”).
11.2 If an Event Outside our Control takes place that affects the performance of our obligations under these Terms, We will contact you as soon as reasonably possible to notify you. Our obligations
under these Terms will be suspended and the time for performance of our obligations will be
extended for the duration of the Event Outside our Control. Where the Event Outside our Control
affects our provision of the Service to You, We will restart the Service as soon as reasonably
possible after the Event Outside our Control is over.
Your Right to End the Contract
12.1 Before we begin to provide the Service, You have the following right to cancel an Order, in
addition to Your rights to end the Contract in accordance with clause 12.2:
Netsmart Install, Monitoring & Service Terms and Conditions
You may cancel Your Order within one month of placing the Order by contacting us. We will
confirm your cancellation in writing to you. If you cancel an Order under this clause 11.1 and you
have made payment of some or all of the Charges in advance for the Service that has not been
provided to you, We will have no obligation to perform work to restore the Premises to its preinstallation condition after the removal by us of the Security/Safety System.
12.2 Once we have begun to provide the Service to you, You may end the Contract at any time by
providing us with at 30 days’ notice in writing. Should you end the Contract in this manner during
the Minimum Term or any Further Minimum Term, we will require payment of all of the Charges
or any part of Charges not yet paid by you to us for the remaining duration of the Minimum Term
or the Further Minimum Term, as the case may be.
Our Right to End the Contract
12.3 Once we have begun to provide the Service to you, we may end the Contract at any time by
providing you with at least one month’s notice in writing. If we cancel the Contract in accordance
with this clause 12.2 and you have made any payment in advance for the Service that has not
been provided to you for the remaining portion of the Minimum Term or the Further Minimum
Term, we will refund these amounts to you.
12.4 We may end the Contract at any time with immediate effect by giving you written notice if you do not pay us the Charges when you are required to. This does not affect our right to charge you
interest under clause 7.5 or any of our other rights.
Mutual Right to End the Contract
12.5 Once we have begun to provide the Service to you, either you or we (“notifying party”) may end
the Contract, with immediate effect by giving written notice to the other party (“affected party”) if:
(a) the affected party breaks the Contract in any material way and does not correct or fix
the situation within one month of being asked to in writing;
(b) the affected party (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 enters into liquidation (whether
compulsory or voluntary); or
(c) the affected party (being an individual) is adjudged bankrupt or makes any
composition or arrangement with its creditors or suffers distress or execution to be
levied on the Premises.
13. CHANGES TO TERMS
13.1 We may revise and amend these Terms from time to time including in the following circumstances:
(a) changes to the Charges;
(b) changes to the payment terms set out in the System Design Proposal and/or changes
to how we accept payment from you;
(c) changes in relevant laws and regulatory requirements; and/or
(d) other changes to the Contract.
13.2 If we revise these Terms under clause 12.1, We will give you at least 30 days written notice of
any changes to these Terms before they take effect. In the case of an increase in the Charges
or a material change to the scope of the Service to Your detriment, you will then have a period
of 30 days during which you can choose to cancel the Contract by giving Us written notice. Failure
to cancel the Contract within this period will constitute acceptance of our changes to these Terms.
14.1 We will use the personal information you provide to us to in accordance with Our Data Protection Policy which is set out on our Website.
15.1 When we use the word “including”, it is to be read as “including, without limitation”. Any
reference in these Terms to any provision of a statute shall be construed as a reference to that
provision as amended, re-enacted or extended at the relevant time. The headings in these
Terms are for convenience only and shall not affect their interpretation.
15.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice
in writing (for example, to cancel the Contract), You can send this to us by e-mail
(email@example.com), by hand, or by pre-paid post to the address set out on Our
Website. We will confirm receipt of this by contacting you. If we have to contact you or give you
notice in writing, We will do so by e-mail, by SMS, by hand, or by pre-paid post to the Premises
as set out in the System Design Proposal. Alternatively, we may deliver notices to you by online
announcement message on our Website, by a notice in such number of national newspapers
as we may determine or any other appropriate method.
15.3 The Company may assign or transfer the benefit of this agreement or all or any of its rights or obligations hereunder to any person or persons. The Subscriber shall not assign or transfer to any person or persons the benefit of the Agreement or all or any of its rights or obligations hereunder without the prior written consent of the Company, which consent shall not be unreasonable withheld.
15.4 You may only transfer The Contract As between you and us. No other person shall have any
rights to enforce any of its terms.
15.5 These Terms do not in any way affect your statutory rights if you are a consumer.
15.6 Each of the paragraphs of these Terms operates separately. If any court or relevant authority
decides that any of them are unlawful, the remaining paragraphs will remain in full force and
15.7 If we fail to insist that you perform any of your obligations under these Terms, or if we do not
enforce our rights against you, or if we delay in doing so, that will not mean that we have waived
our rights against you and will not mean that you do not have to comply with those obligations.
If we do waive a default by you, We will only do so in writing, and that will not mean that We will
automatically waive any later default by you.
15.8 These Terms and the Contract are governed by Irish law. You and we both agree to submit to
the exclusive jurisdiction of the Irish courts.
The schedule of equipment as detailed in the System Design Proposal with possible amendments on
installation will be recorded on the As Fitted Specification document.