Terms & Conditions/Privacy Policy

Terms and Conditions

1 DEFINITIONS

“THE COMPANY” is KHG Security Ltd being the organisation responsible for the design, installation, maintenance and/or monitoring of the installation which is the subject of this Contract, sometimes referred to as “our” or “we” in these Terms and Conditions.

“THE CUSTOMER” is the person or organisation being a signatory to this Contract, sometimes referred to as “you” or “your” in these Terms and Conditions.

“THE PREMISES” are the Premises set out in the Specification.

“THE INSTALLATION” is the installed system defined in the Specification.

“INSTALLATION STANDARD” is the standard to which the equipment is to be installed and/or maintained, together with any other formal requirements stipulated as a condition of the regulatory body by which the Company is approved.

“CONTRACT” means the Quotation, Specification, Maintenance and Acceptance together with these Terms and Conditions.

“SPECIFICATION” means the design specification, which defines the level of protection, surveillance or access afforded by the security Installation. It is an integral part of this Contract.

“QUOTATION” means the proposed price for the equipment, its installation and/or maintenance and monitoring as itemised in this Contract.

“ALARM RECEIVING CENTRE” means a continuously manned remote centre to which alarm activations and/or video data are signalled and passed to the relevant response authority (e.g. police, fire brigade, keyholder).

“HANDOVER DATE” means the date on which the Installation is completed (notwithstanding that connection of any remote signalling is outstanding) and the Handover Completion Certificate has been signed.

“PREVENTATIVE MAINTENANCE” means the routine inspection of the Installation to verify that it continues to function in accordance with its Specification and to identify and rectify any items found faulty, worn or in need of scheduled replacement.

“CORRECTIVE MAINTENANCE” means the investigation and repair of faults reported by the Customer, including false alarms from intruder alarm systems.

2 GENERAL

Acceptance of this Contract, signified by the signature of each party, includes acceptance of these Terms and Conditions along with any other requirements defined in the Specification. For the purposes of interpretation, where the requirements of the Specification conflict with any clauses of these Terms and Conditions, the Specification requirements shall take precedence. All other terms and conditions not contained in or implied by the Contract are excluded. Nothing in these Terms and Conditions, either stated or implied, shall detract from the Customer’s statutory rights. This contract does NOT cover security lighting systems after the initial 12-month warranty period.

3 COSTS

i) The quoted costs may be revised if:

a) you want the work carried out more urgently than agreed, or

b) you change the Specification, or

c) your Premises are in some way unsuitable for the equipment and this was not apparent from our original survey or there are circumstances about which we should have been made aware, or

d) there are any other special circumstances we were not aware of when supplying our original quotation.

ii) All telephone line installation, rental and call charges are the responsibility of the Customer.

iii) 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.

iv) If our labour or material costs increase after twelve months, we may give you two months’ notice of any increase in our annual maintenance charges.

v) Installation work is normally carried out during usual working hours of 9.00am to 5.00pm Monday to Friday except statutory holidays. Requests made by the Customer to install outside these hours may incur additional charges. See 3(i) above.

vi) Unless otherwise agreed in writing, the Quotation does not include additional work such as redecoration, carpet laying or building work, although we will take all reasonable care of your premises. Additional charges may be made if our engineers are not provided with access to doors, shutters, windows or any other areas where cables and equipment needs to be installed.

vii) Any equipment forming part of the installation which is not sold to the Customer, such as signalling equipment or firmware, shall remain the property of the Company and will be maintained and/or replaced at the Company’s expense unless such failure was attributed to any of the causes given in 7 (i). Any equipment, which remains the property of the Company, shall be defined in the system Specification. We reserve the right to recover such equipment on termination of the maintenance contract.

4 COMPANY’S OBLIGATIONS

i) We agree to complete the installation and hand it over in good working order conforming to the Installation Standard declared in the Specification. We will always seek your agreement should changes to the specification be required during installation.

ii) When we commission the Installation, we will train you in its operation. When you are satisfied with the Installation, we will give you a Handover Completion Certificate to sign. We will give you a Certificate of Conformity when the Equipment has been paid for in full.

iii) We agree that, if any of the Equipment or our workmanship is faulty in the first twelve months, it will be repaired or replaced at our expense, including call-out, provided you let us know as soon as the fault occurs.

iv) The annual maintenance and remote monitoring facilities commence upon completion and handover of the installation and continue from year to year upon payment of charges presented until cancelled in writing giving not less than two months’ notice.

5 CUSTOMER’S OBLIGATIONS

i) You agree to give our workers and us full access to your Premises to survey, measure, install, test and service the Equipment. You also agree to provide an adequate electricity supply for the Equipment to operate correctly. If our work is interrupted or delayed because of a problem with access, or the electricity supply is inadequate, we may make an extra charge. We are not liable if completion is delayed due to the unavailability of signalling transmission facilities or other circumstances beyond our control. By signing the Contract with us, you guarantee that you have full authority to allow the installation and no other consent is needed.

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.

iii) If the Equipment activates to the Alarm Receiving Centre, you need to let us know as soon as possible. If the Equipment needs to be reset, we may charge you at our usual rates then in force.

iv) You will need to let us know in advance if any third party intends to carry out work on the telephone lines within your premises, as this may affect the Equipment’s effectiveness.

v) The Equipment does not belong to you until it has been paid for in full. If you do not pay the balance of the installation charge when it is due, we have the right to remove the Equipment from your Premises without notice. By signing the Contract with us, you irrevocably authorise us to enter your Premises to remove the Equipment if payment remains outstanding.

vi) If you cancel our Contract less than four days before installation, we may charge you for any equipment we have bought for your Premises and make a reasonable charge for damages for breach of contract.

vii) If the Equipment is connected to an Alarm Receiving Centre, it is your responsibility to make sure that the telephone line is working properly and the account correctly maintained.

viii) You need to notify us of any change in the layout of your Premises, as this may affect the effectiveness of the Equipment to detect movement or intrusion.

ix) You agree to permit the Company’s staff and representatives of its regulatory body (only whilst accompanied by the Company’s staff) access to the installation for the purposes of maintenance or inspection.

6 MAINTENANCE, SERVICE AND MONITORING

i) In return for payment of the maintenance charge, the Company will maintain the Installation in accordance with the installation standard and respond to your emergency calls for assistance. If your Equipment is installed to BS4737 (or its successor,) our response to emergency calls will be within four hours of your request, or before the Equipment needs to be set, unless mutually agreed otherwise.

ii) If we have to attend the Premises, or repair the Equipment between routine maintenance visits, we will make a charge at our usual rates unless the work is covered by Clause 4 (iii).

iii) The annual maintenance charge does not include charges for replacement parts or batteries that are non KHG SECURITY LTD parts, which will be charged in addition to the annual charge.

iv) Where the installation is monitored by an Alarm Receiving Centre for direct response by emergency services (e.g. police or fire brigade), it shall be a condition of such monitoring that an annual contract for Routine Maintenance exists between the Customer and the Company. Routine maintenance visits shall be undertaken by the Company as defined in the Installation Standard or this Contract.

7 LIABILITY

The Company does not know, and shall not be deemed to know, the true value of the Customer’s property or premises and is not the insurer thereof.

i) The Company shall not be liable for the costs of any work, repairs or replacement of Equipment which results from fire, electrical power surge, storm, flood, accident, neglect, misuse or malicious damage.

ii) The Company has provided limited insurance cover for itself with indemnity for claims made against it in respect of accident, injury, loss or damage. Cover also extends to failure to perform and wrongful advice given unwittingly. A copy of the relevant insurance schedule is available to the Customer upon request.

iii) Although the Installation is designed to detect or deter intrusion and reduce the risk of loss or damage, the Company does not represent or warrant that the installation may not be neutralised, circumvented or otherwise rendered ineffective by unauthorised persons and in such event the Company shall not be liable for any loss or damage suffered by the Customer or other unauthorised persons. The Company accepts no liability for claims falling outside the ambit of the indemnity referred to in Clause 7 (ii) above and the Customer is advised to arrange sufficient insurance cover in respect of claims arising due to injury, loss or damage howsoever caused.

iv) Like all electronic equipment, the system could fail in rare and exceptional circumstances and the Company cannot guarantee that it will be operational at any specific time or for any specific period. The Company will explain what regular tests can be performed to verify that detection equipment is operational between routine maintenance visits carried out by the Company.

v) The terms and conditions given in this contract do not affect your rights under the Sale of Goods Act or Unfair Contract Terms Act.

Privacy Policy – KHG Security LTD

At KHG Security Ltd we are aware of our responsibilities to handle your personal data with care, to keep it secure and comply with applicable privacy and data protection laws.

How this Policy Works

The purpose of this Policy is to provide a clear explanation of when, why and how we collect and use information which may relate to you. Do read this Policy with care. It provides important information about how we use personal data and explains your statutory rights.

Privacy Policy

Who is responsible for looking after your personal data? We are.

All personal data collected is stored securely – physically and electronically.

You should be aware that although we are principally responsible for looking after your personal data, information may be held on other databases such as an Alarm Receiving Centre, police authorities where URN’s have been applied for and with the SSAIB (Security Systems and Alarms Inspection Board), our governing body.

Subcontractors

Any secondary contractors will only be given the basic personal information that is required to enable them to carry out their services. This will be shared under client instruction only and with their full authority. KHG Security has confirmed they have their own GDPR Policy in place which can obtained by request, direct to the subcontractor.

What personal data do we collect?

The level and type of personal data we collect and use varies depending on the type of security system that is installed and may include information on other relevant individuals. When you initially contact us we will take your name, address and contact information to arrange a survey and provide a quotation. This information will be stored in our database indefinitely unless you request for it to be deleted.

Once a quote turns into an order it may be necessary to record further information about yourself and additional occupiers of the premises. If you have a monitored system installed we will be required to take details from you for key-holders to your premises. This is a police regulation and these details would be shared with the monitoring station to enable the process to work as expected. You should take steps to inform the third party that you have provided their details and disclosure of this
information is necessary. We will process their personal data in accordance with this Policy.

What do we use your personal data for?

We will collect information from you directly when you call to arrange a survey or ask for a quote. Information about you may also be provided to us by a builder/project manager or other third party including your employer or family member.

If we have provided you with a service agreement we will use your personal data to administer your contract, deal with your queries, arrange visits and manage the annual renewal process. We will also need to use your personal data for regulatory purposes associated with our governing body, SSAIB, and in line with the NPCC (National Chief Police Council).

PLEASE NOTE: If you provide your consent and permit us to process your Personal Data, you may withdraw your consent to such processing at any time. However, you should be aware that if you choose to do this we may be unable to continue to provide services to you. This may mean that your contract needs to be cancelled. If you choose to withdraw your consent we will tell you more about the possible consequences, including the effects of cancellation, as well as any fees associated with cancellation.

Protecting your privacy

We will make sure that we only use your personal data for the purposes set out in Section 3 and where we are satisfied that you have provided your consent for us to use the data in that way.

Our use of your personal data is necessary to fulfil a contract or take steps to enter into an agreement with you (e.g. to manage your service and/or monitoring contract). In addition to being necessary to comply with a relevant legal or regulatory obligation that we have (e.g. to comply with SSAIB or NPCC requirements).

Who do we share your personal data with?

We work with a few third parties, to help manage our business and deliver services. These third parties may from time to time need to have access to your personal data. These third parties may include:
• Our Alarm Receiving Centre
• Service Providers, who help manage our IT and back office systems
• Our governing body, SSAIB
• Police authorities
If we were to sell KHG Security Ltd we would need to transfer your personal data to the purchaser.

How long do we keep your personal data?

We will retain your personal data for as long as is reasonably necessary for the purposes listed in Section 3 of this Policy. We may also retain your personal data for longer periods of time so that we have an accurate record of your dealings with us in the event of any further assistance required, complaints or challenges.

Where your personal data is no longer required we will ensure it is either securely deleted/destroyed or stored in a way which means it will no longer be used by the business.

What are your rights?

You may request access to your data, correction of any mistakes in our files, erasure of records where no longer required, restriction on the processing of your data and objection to the processing of your data. You may also exercise a right to complain to ICO should you feel your details are being processed unlawfully.

More information about each of these rights can be found below.

If you have a complaint or concern about how we use your personal data, please contact us in the first instance and we will attempt to resolve the issue as soon as possible. You also have a right to lodge a complaint with your national data protection supervisory authority at any time.

Right to Access:
You can ask us to:
• confirm whether we are processing your personal data
• give you a copy of that data
• provide you with other information about your personal data such as what data we have, what we use it for, who we disclose it to, how we protect it, how long we keep it for, what rights you have, how you can make a complaint and where we got your data from to the extent that information has not already been provided to you in this Policy.

Rectification:

You can ask us to rectify inaccurate personal data. We may seek to verify the accuracy of the data before rectifying it.

Erasure:

You can ask us to erase your personal data, but only where:
• It is no longer needed for the purposes for which it was collected
• Following a successful right to object (see ‘Objection’ below)
• It has been processed unlawfully

We are not required to comply with your request to erase your personal data if the processing of your personal data is necessary for compliance with a legal obligation or for the establishment, exercise or defence of legal claims.
There are certain other circumstances in which we are not required to comply with your erasure request, although these two are the most likely circumstances in which we would deny that request.

Restriction:

You can ask us to restrict (i.e. keep but not use) your personal data, but only where:
• it is no longer needed for the purposes for which it was collected, but we still need it to establish, exercise or defend legal claims
• You have exercised the right to object, and verification of overriding grounds is pending.
We can continue to use your personal data following a request for restriction, where:
• we have your consent
• to establish, exercise or defend legal claims

Supervisory Authority:

You have a right to lodge a complaint with your local supervisory authority about our processing of your personal data. In the UK, the supervisory authority for data protection is the ICO

We ask that you please attempt to resolve any issues with us first although you have a right to contact your supervisory authority at any time.

Identity:

We take the confidentiality of all records containing personal data seriously, and reserve the right to ask you for proof of your identity if you make a request in respect of such records.

Timescales:

We aim to respond to any valid requests within one month unless it is particularly complicated or you have made several requests in which case we aim to respond within three months. We will let you know if we are going to take longer than one month. We might ask you if you can tell us what exactly you want to receive or are concerned about. This will help us to action your request more quickly.

Third Party Rights:

We do not have to comply with a request where it would adversely affect the rights and freedoms of other data subjects.

12. Contact and complaints

The primary point of contact for all issues arising from this Policy, including requests to exercise data subject rights, is our Data Protection Officer- Nicola Smith. She can be contacted in the following ways:
Email: nicola@khgsecurity.com
Write to:
Data Protection Officer
KHG Security Ltd
Gilbert House
Haig Road
Knutsford
WA16 8DX