Service Agreement Terms and Conditions
BACKGROUND
A. The client is of the opinion that the Contractor has the necessary
qualification, experience, and abilities to provide services to the client.
B. The contractor is agreeable to providing such services to the client
Client on the terms and condition set out in the Agreement.
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SERVICES PROVIDED
1. Potes Smart Homes hereby agrees to engage the contractor to provide the Client with
the following services:
• Access to phone and email support at no cost
• Remote support and updates at no cost
• One site visit on request which will be responded to within 48 hour.
• One scheduled visit for maintenance
2. The Services will also include any other tasks which the parties may agree on.
TERM OF THE AGREEMENT
3. The term of this Agreement (Smart home Care Package) will begin on the date of the
Agreement and will remain in full force and effect until 6 months and completion of the
services agreed.
3.1. Maintenance and service 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.
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3.2. Unless otherwise agreed in writing, the Agreement does not include additional work
such as installation of new products, relocation of services 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 maintained, inspected or replaced.
PERFORMANCE
4. The parties agree to do everything necessary to ensure that the terms of this
Agreement take effect.
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PAYMENT
5. Potes Smart Homes will Charge the Client a fee for the services stated in either Option 1, 2, or 3, of the
“Smart Home Maintenance Package” per year thereafter this agreement which is for 6 months
free service.
6. The client will be invoiced at the start date of the Agreement or by monthly Direct Debit across 12 months.
7. Invoices submitted by the contractor to the client are due within 7 days of receipt.
8. Either the Customer or the Company can terminate the Contract by giving not less than
two months’ written notice except where a fixed term contract applies. If you wish to
terminate the Contract with less than two months’ notice, the Company reserves the
right to charge the next year’s costs of any monitoring charges if these have already
been paid in advance by the Company on your behalf. Where the customer wishes to
terminate a fixed term contract before its expiry period, any remaining duration must
be paid for in full and early termination costs shall apply.
9. The payment as stated in the agreement does not include Value Added Tax. Any Value
Added Tax required will be charged to the client in addition to the payment.
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CUSTOMERS OBLIGATIONS
10. You agree to give us and our workers 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 of a maintenance or service
visit is delayed due to the unavailability of internet facilities or other circumstances
beyond our control. By signing the Contract with us, you guarantee that you have full
authority to allow the maintenance or service visit to take place and no other consent is
needed.
11. 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.
12. If you cancel our Contract less than four days before the maintenance visit takes place,
we may charge you for any equipment we have bought for your Premises and make a
reasonable charge for damages for breach of contract
13. 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 within 7 (seven)
days of the change taking place.
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MAINTENANCE AND SERVICE
14. If we have to attend the Premises, or repair the Equipment between routine
maintenance visits, It is the customers responsibility to notify Potes Smart Homes of
any failures which occur. We will make a charge at our usual rates unless the work is
covered by your first included visit.
15. The annual maintenance charge does not include charges for any replacement parts,
including but not limited to; batteries, lamps, cameras, bearings, detectors etc which
will be charged in addition to the annual charge and will require written authorisation to
replace by the customer. The annual maintenance charge is limited to and includes a
one off inspection and report identifying any issues at the time of inspection. Any work
required after the annual inspection is not covered under our maintenance contract and
would form a separate contract of works.
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. The installation, service
or maintenance agreements do not constitute a means of insurance to the customer.
The customer must make adequate third party arrangements with a suitable insurance
provider to maintain such cover. Such cover must apply to both the customer’s property
and contents. The company accepts no liability to third parties including but not limited
to insurers and underwriters where the customer has failed to notify the company in
writing of any conditions which may apply to their third party agreements or policies.
We do not guarantee to the customer that:
a) Particular losses or injuries will be prevented by using our security systems or;
b) That the system will work continuously and without errors in particular when a failure
is beyond our reasonable control, for example equipment which may be of old age or
prone to the ingress of water due to its design.
c) If our customer makes incorrect adjustments to any equipment supplied or
maintained by Potes Smart Homes, no Liability will be accepted by the company.
d) 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.
e) 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.
f) 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 (Potes Smart Homes Ltd).
g) Where the company takes over an existing security system which was installed or
maintained by others, we assume the system and any wiring associated to it is in full
working order. The Company has no knowledge of such systems and the customer must
therefore notify the company in writing of any defects which occur on the system. The
company can accept no liability for such systems as we have no knowledge of the
Potes Smart Homes Ltd. | www.potes.co.uk | 01904 671946
customers system or the quality of workmanship including work standards to which it
was originally installed.
h) Where the customer fails to act upon remedial work identified by the company which
is of a mandatory requirement; such as but not limited to health and safety legislation,
moving machine directives, or any work which may pose a liability to the customer, no
liability will be accepted by the company.
RIGHT TO AMEND, UPDATE OR CHANGE
The company reserves the right to amend, update or change the terms and conditions
as defined above, with 30 days written notice to the customer.