Below you will find our trading terms and conditions. Listen, we really want you to be happy with our products and services, and we work hard to make that happen. But it’s important to lay out the terms here, so you can be clear on how we conduct our business. Please feel free to contact us at any time if you have any doubts about anything on this page, or if you just don’t know what we’re talking about! This is especially important if you are about to place an order for our products and services.
Terms and Conditions of Business of
Producers of eyeontheplace.com
“The Company” is HarperNicholls Limited (owner of eyeontheplace.com), registered in England, reg. no 4013191, sometimes referred to as “our” or “we” in these Terms and Conditions.
“The Customer” is the buyer of an eyeontheplace.com product or service, sometimes referred to as “you” or “your” in these Terms and Conditions.
“Equipment” is any equipment bought from HarperNicholls Limited under the eyeontheplace.com brand by the customer.
“Product” is any product or service bought from HarperNicholls Limited under the eyeontheplace.com brand by the customer, sometimes referred to as “product” or “products and services” or “services” in these Terms and Conditions.
“Property” is the property at which the equipment is to be connected.
Purchase of an eyeontheplace.com product by the customer includes acceptance of these Terms and Conditions. Nothing in these Terms and Conditions, either stated or implied shall detract from the Customer’s statutory rights.
i) Telephone line and broadband service: All telephone line & broadband/ADSL installation & service charges, and call charges, are your responsibility.
ii) Accessing your private web pages: The means of accessing the web pages that we provide as part of the Eyeontheplace Club is your responsibility.
iii) Free site visit: Subject to geographical limits, we offer a free site visit at no obligation before you place your order. Around the time of this visit we will provide a fixed quotation for your system. Any charges are payable in advance of delivery.
iv) Installation: Note that (subject to your property being within our geographical area, and subject to your membership of the Eyeontheplace Club), we can deliver your equipment at no extra cost. However, we cannot affix cameras to surfaces; fit new wiring, cabling, trunking or drill holes etc. If you need this work doing, you will need a suitably-qualified electrician. We can suggest a supplier and attend your property with the supplier to ensure a smooth installation, if the property is within the area of the UK that we cover and if you are a member of the Eyeontheplace Club. However, we will not accept any liability for anything pertaining to the work of this supplier, who will be commissioned by you and whose contract will be with you.
iv) Self-Install: The cost of our “Self-Install” Camera Pack product does not include any visit to your property by us, as this product is designed for connection and installation by you.
v) The “Eyeontheplace Club” Monitoring and Support Service subscription is payable monthly in advance or annually in advance as agreed.
vi) Late Payment: If you are late in paying us, we may charge you interest at the rate of 4% per year over the base rate of Barclays Bank plc from the due date until the date we receive payment. You agree to take reasonable care of the equipment on our behalf until you have paid for it.
4 OUR OBLIGATIONS
i) We agree to supply products and services as stated in your order confirmation within a reasonable time from the time at which we accept your order.
ii) We will take payment for ordered products only when we have confirmed that they are in stock.
iii) The monitoring and support service (The Eyeontheplace Club) as described on our web site is provided by us from delivery subject to your continuing payment of the subscription fee for this service, and provided neither party terminates the service in accordance with the terms in the TERMINATION section below.
iv) The monitoring and support service includes support by email and telephone, but we cannot guarantee to respond or to deal with any problem within a given time-scale, although we always endeavour to deal with all support matters and other communications as promptly as possible.
v) We agree that if any of the equipment develops a fault and you report this to us within the first twelve months following delivery from our supplier, it will be repaired or replaced at our expense, or we may opt to give a full refund of the equipment cost (this excludes any service costs that you have paid).
vi) We do not store your credit card or other payment details. If we use such details in the course of accepting payment, these details will be safeguarded.
viii) We offer mobile phone access to the eyeontheplace.com mobile web pages subject to your providing a compatible mobile phone. If you are uncertain whether a particular mobile phone is compatible you should request access our demonstration area to test before buying. Live viewing using a mobile device is dependent on factors outside our control, such as type of phone; type of browser software; mobile carrier and signal strength. Therefore live viewing via mobile device is not always possible. The system is designed to stream fluid, live video to mobile devices, but depending on the above factors, you may not see this – in some scenarios you may only be able to see a sequence of live still images or a single live snapshot. Of course, if your device is not compatible (typically older devices) or if there is no mobile signal, you will not be able to see any live picture.
ix) Our service includes unlimited alert emails, and remote storage of recorded images going back seven days from the current time, subject to a limit of 5000 images per camera at any given time.
5 YOUR OBLIGATIONS
i) You agree to provide an adequate electricity supply for the equipment to operate correctly, and to subscribe to a broadband/ADSL service at the property at your cost.
ii) You must not interfere with, or allow anyone else to interfere with, adjust, service or attempt to repair or reset the equipment at any time without prior permission from us. If this condition is contravened, we cannot be held responsible for subsequent non-performance of the equipment, and we reserve the right to charge for a visit to reset the equipment. We may also have to terminate provision of our Monitoring and Support service without notice under such circumstances (because your equipment may have become disconnected from our system).
iii) Damage to the equipment caused by power spikes or overload is not covered by the manufacturer’s or our guarantees.
iv) If you cancel your order more than seven days after the date of your order, we will charge you for any equipment we have bought for your property.
v) Payment for the equipment must be made in full by you before delivery.
vi) You agree not to publish a hyperlink or any other such link to a live camera image produced by any equipment that we supply to you, on any web page or in any other media without our prior written permission.
vii) You agree not to publish and to keep secure your username and password for use of our services.
viii) You must check covenants, restrictions and laws, for example relating to the mounting of equipment on walls, or overlooking property other than your own. We cannot be held responsible for inappropriate or illegal installation or use of the equipment, such that this contravenes the Data Protection Act or other laws.
ix) If you need to relocate any of the equipment, you are advised to contact us first for advice. Failure to fit equipment properly (e.g. placing a camera where direct sunlight can enter the lens) could invalidate the manufacturer’s and any other guarantee.
x) To use our services, you are responsible for ensuring a broadband service and a working ADSL/broadband modem/router that is compatible with our service. We can advise on this and if necessary recommend a provider and/or provide a compatible modem/router. If for whatever reason you no longer have a working, compatible modem/router or broadband service at any point, we cannot refund the cost of camera equipment or services. NOTE – If we are to use your existing modem/router, we will need the administration username and password. This can be obtained from the equipment’s user manual or your broadband provider. If you do not provide this, we cannot install your system and a charge may be made for labour costs if this is discovered during the installation.
xi) If we are supplying the modem/router, we will need the log-in and technical details for your ADSL/broadband account. These can be obtained from your broadband supplier if you don’t know them.
xii) Whilst we can advise you on which ADSL or broadband service to use, it is ultimately your responsibility to enter into a contract with a provider of such a service and to ascertain that the service is suitable for use with our products and services.
xiii) Within seven days of order you may cancel your order at no cost, but if you have already taken delivery of equipment you must return the equipment to us undamaged and complete, at your expense, in order to obtain a refund.
i) Our products and services are designed as a property monitoring solution. Although our products and services may detect or deter intrusion and reduce the risk of loss or damage, we cannot guarantee this. You must not rely upon them as security devices. They are not compliant with any security system or installation standards. We accept no liability for, and you are advised to arrange sufficient insurance cover in respect of, claims arising due to injury, loss or damage howsoever caused.
ii) Like all electronic equipment, the system could fail in rare and exceptional circumstances and we cannot guarantee that it will be operational at any specific time or for any specific period.
iii) Under the Monitoring Service, cameras are configured to detect movement and send alerts by email. We cannot, however, guarantee that any camera will detect movement and that any alert shall be received in a timely manner or at all.
iv) We cannot be held responsible for injury, loss or damage due to fire resulting from causes including but not limited to faulty equipment, misused equipment, or incorrectly installed equipment. Any claim arising as a result of fire caused by faulty equipment shall be between the customer and the manufacturer.
v) The equipment is designed to reset following a temporary loss of electricity supply, but if it does not do so and we need to visit the premises to reset it, this will be chargeable at our normal rates.
vi) The equipment that we supply is designed and configured to be suitable for the property as stated in your order details. If you connect the equipment at another property this is at your own risk as the equipment may not be suitable for the local electricity supply and ADSL connection. If you do this, the equipment guarantees may be invalidated, and we cannot guarantee the continuation of the Support and Monitoring service. (We suggest that if you wish to move the equipment to another property you should contact us first.)
vii) None of our services include free site visits apart from the initial site visit before you place your order. Site visits can only be offered in certain geographical areas and are charged at our normal rates.
viii) Wireless equipment is designed to communicate wirelessly, and we will advise on the best location for your equipment and where not to locate it in order to reduce the chance of interrupted communication, but we cannot guarantee successful wireless operation in all environments. We will determine as far as possible in advance of your order whether wireless communication will be successful, but please note that in the unlikely event that your cameras will not operate wirelessly because of interference or weak signal, we will provide, free of charge, network cable(s) up to 10 metres in length to enable your system to operate in “wired” mode, but we are not obliged to issue a refund for camera equipment because of wireless communication problems.
ix) The equipment does not belong to you until it has been paid for in full, and until that time, we have the right to remove the equipment from your property without notice. Note that any camera we supply at a discounted rate as part of our service package is owned by you as soon as it is delivered, provided you have paid the discounted price. At no time is a credit agreement entered into between us and we have no right to repossess equipment because of non-payment of Eyeontheplace Club subscription charges.
x) The terms and conditions given here do not affect your rights under the Sale of Goods Act or Unfair Contract Terms Act.
i) Either the customer or the company can terminate the Monitoring and Support service known as the Eyeontheplace Club as described on our web site. In our case, we shall give one month’s notice and shall refund any un-expired portion of payment made for that service. Note that the service is payable monthly in advance following delivery of the equipment. You may terminate the Monitoring and Support service by giving 14 days’ notice in writing by letter or email (to give us enough time to cancel any payment arrangements). On termination of the Monitoring and Support service, your access to all functionality relating to this service will be removed.
ii) We may terminate Support and Monitoring should you breach any of these conditions or if you are in arrears with any payments due for a period in excess of 30 days. This will not prejudice our right to reclaim any payment outstanding. In such circumstances, seven days’ notice of cessation of any remote monitoring will be given by the Company.
iii) In the event that Monitoring and Support is terminated, you own the equipment, but you will need to perform a factory reset upon it so that you can access it and use it for your own purposes. We will advise on this as necessary.
8 FORCE MAJEURE
Any failure by the Company to fulfil any of its obligations under the terms of this Contract due to reasons beyond its control shall not be considered a breach of this Contract.
9 APPLICABLE LAW
This Contract is governed by the laws of England and Wales, Scotland or Northern Ireland as the case may be and each party submits to the jurisdiction of the courts thereof.
i. We intend that all conditions relating to our products and services are in this document.
ii. These terms and conditions may be changed from time to time without notice. The current version will be maintained on the eyeontheplace.com web site.
iii. If a Court finds that part of this agreement is not enforceable but can be kept separately from the rest of the agreement, this will not affect the remainder of the agreement.
© HarperNicholls Limited, 2013
Registered office 3 The Bank, Swan Hill, Shrewsbury SY1 1NG
Registered in England, reg. no. 4013191