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eyeontheplace.com terms & conditions
Below you will find our standard terms and conditions. Please contact us before placing an order if you wish to clarify any point:
Terms and Conditions of Business of
harpernicholls limited,
Producers of eyeontheplace.com
1 DEFINITIONS
"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.
2 GENERAL
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.
3 COSTS
i) All telephone line & broadband/ADSL installation & service charges, and call charges, are your responsibility. The means of accessing the web pages that we provide under our services is your responsibility.
ii) 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.
iii) The cost of the “Self-Install” Camera Pack product does not include any visit to your property by us, as this product is designed for connection by
you.
iv) Monitoring and Support Service costs are payable monthly in advance or
annually in advance.
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 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 access our demonstration area to test before buying. Live images viewed using a mobile phone are not moving images but a sequence of near-live still images delivered typically within a few seconds of being captured but this is subject to individual phones, networks and other factors outside our control.
ix) Unless otherwise agreed all of our Self-Install packages include the provision of an ADSL/broadband modem/router,
camera(s) and cables. It is a condition of our Monitoring and Support service that you use our modem/router and do not substitute your own. If you have an existing modem/router, this cannot be used with our camera equipment without prior arrangement with us (because it will not work without configuration on our part).
x) If you wish to use the modem/router that we supply with additional equipment such as a PC, to obtain internet access for example, you must first contact us because the modem/router is configured for your security to encrypt all communications and you will need a password and other details from us.
xi) Relating to the Self-Install products, we aim to supply all equipment fully-configured such that our products will work following connection to the electricity supply with no configuration work on your part. However, we cannot guarantee this absolutely because it is dependent on factors outside our control such as the provision on your part of accurate log-in and technical details for your ADSL
account.
xii) The Monitoring Service includes 200 SMS text alerts per year and remote
storage of triggered images going back seven days from the current time, subject
to a limit of 2000 images per camera at any given time. In the case of SMS alerts, you can buy additional
blocks of messages if needed.
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) The equipment should remain connected to the electricity supply via the surge protectors provided. Damage to the equipment caused by power spikes or overload is easily detected and 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 may 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, password and PIN as provided by us 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) Relating to the Self-Install product, you must locate and connect the equipment in accordance with the instructions provided. Failure to do so will invalidate any guarantee and if in doubt you should seek advice from us.
x) 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.
xi) Relating to the Self-Install products, on taking delivery of these products you or your representative in this matter must determine whether the packaging is damaged and if so, must sign for the package “unchecked” otherwise the carrier will deem it to have been accepted in good condition and you will be responsible for any damage.
xii) 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.
xiii) Relating to the Self-Install products only, in certain unusual cases where we cannot for some reason access the equipment remotely after you have connected it, we will need you to carry out minor changes to the configuration with our guidance over the phone. If you need to do this, you will temporarily need to supply a modern, Windows-compatible PC or laptop with an internet browser and connect this to the ADSL broadband modem/router using a network cable. If we need to visit the property to do this for you, we will charge for this work at our normal rates.
6 LIABILITY
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 and SMS text message. 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. 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. In the unlikely event
that the local environment is unsuitable for wireless communications, we will
provide, free of charge, network cable(s) up to 10 metres in length to enable
your system to operate in "wired" mode. Alternatively, in these
circumstances you may return the Camera Pack in unused condition at your expense
for a full refund.
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.
x) The terms and conditions given here do not affect your rights under the Sale of Goods Act or Unfair Contract
Terms Act.
7 TERMINATION
i) Either the customer or the company can terminate the Monitoring and Support service 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.
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.
10 OTHER
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, 2008
harpernicholls limited, registered office London House, Town Walls, Shrewsbury
SY1 1TX
registered in England, reg. no. 4013191
VAT reg. no. GB866996638
E&OE
or
phone (UK): 
phone (Spain): 
eyeontheplace.com
is produced by harpernicholls
Copyright © 2005-8 harpernicholls limited. All rights
reserved. E&OE
Use of this website constitutes acceptance of the eyeontheplace.com terms
and conditions.