Legal
Terms & Conditions
The terms on which FlexiScan supplies surveys, design, equipment, installation, commissioning and maintenance.
Please read these terms carefully. Together with your written proposal and our order acknowledgement, they form the contract between us. For the terms governing use of this website, see our Terms of Use.
1. Definitions
| Term | Meaning |
|---|---|
| Contract | The agreement between you and us, comprising the Proposal, the order acknowledgement and these terms. |
| Proposal | The written specification and quotation we issue following a Survey. |
| Survey | Our inspection of the Property before design. |
| Property | The premises at which the System is installed or the Services performed. |
| Equipment | The hardware, devices, cabling and materials we supply and install. |
| System | The security system designed, installed and commissioned under the Contract. |
| Services | Survey, design, installation, commissioning, maintenance and related work supplied under the Contract. |
| Consumer | An individual acting wholly or mainly outside their trade, business, craft or profession. |
2. Basis of contract
These terms apply to every contract for the supply of goods and services by us unless we have agreed different terms with you in writing.
Our Survey and the Proposal that follows it are provided free of charge and without obligation. A Proposal is valid for 30 days unless stated otherwise, is an invitation to treat, and does not constitute an offer capable of acceptance. The Contract is formed only when we issue a written order acknowledgement.
The Proposal is based on the conditions observed at Survey and on the information you provide. Where conditions differ materially from those observed — concealed structural elements, asbestos, unrecorded services, restricted access — we will notify you promptly, stop work if necessary, and agree any variation in writing before continuing.
Any terms you seek to impose, including any printed on a purchase order, do not form part of the Contract unless we have expressly agreed to them in writing.
3. Your obligations
You agree to:
- provide safe, timely and uninterrupted access to the Property;
- disclose known hazards, including asbestos, fragile roofing and live services;
- tell us before design begins of any insurance conditions, landlord, lease, planning, conservation or listed-building restrictions applying to the Property;
- provide a suitable, permanent and unswitched electrical supply where required, and adequate network connectivity where the System depends on it;
- obtain any consents required from landlords, freeholders, neighbours or planning authorities;
- nominate a competent person to receive training at handover and to act as the System’s day-to-day responsible user;
- keep confidential the codes, credentials, configuration and capabilities of the System, and notify us promptly if you believe they have been compromised;
- where the System includes CCTV, discharge the data protection obligations that fall on you as its operator (see clause 9).
If we are unable to proceed because these obligations have not been met, we may charge our reasonable costs for abortive attendance at the rates stated in the Proposal.
4. Installation, commissioning and acceptance
We will perform the Services with reasonable skill and care, using suitably qualified personnel, and in accordance with the British and European standards applicable to the systems concerned.
Installation dates are estimates given in good faith. We will tell you promptly if a date is likely to change. Time is not of the essence unless we have expressly agreed otherwise in writing.
Where an existing system is being replaced, we will sequence the work so that the Property is not left without protection during the changeover, unless you instruct us otherwise in writing.
On completion we will commission the System, demonstrate its operation, provide training and issue documentation. Acceptance occurs on handover or on first beneficial use, whichever is earlier. Minor snagging does not prevent acceptance; we will record it and complete it within a reasonable period.
5. Price, payment and title
Prices are as stated in the Proposal and exclude VAT, which is added at the prevailing rate.
Unless the Proposal states otherwise: installations up to £2,500 are payable in full on completion; larger installations attract a deposit on order, a stage payment on delivery of principal Equipment, and the balance on completion; maintenance is payable annually in advance; and invoices are payable within 30 days of the invoice date.
Risk in the Equipment passes to you on installation. Title remains with us until we have received payment in full. Until title passes you must not remove or obscure any identifying marks, and you hold the Equipment as our bailee.
We may charge statutory interest and compensation on overdue commercial debts under the Late Payment of Commercial Debts (Interest) Act 1998. Where an account is materially overdue we may suspend non-emergency services after written notice and a reasonable opportunity to pay. We will not suspend a service where doing so would create a risk to personal safety.
6. Maintenance and support
Maintenance is supplied under a separate agreement setting out visit frequency, response targets, hours of cover and what is included. A System not covered by such an agreement is supported on a chargeable, best-endeavours basis.
Maintenance covers preventative servicing, functional testing, controlled firmware and software updates, and corrective attendance for faults arising in normal use. It does not cover damage caused by misuse, unauthorised alteration, third-party interference, vandalism, vermin, flood, fire, lightning or power surge, nor failure of your broadband, power supply or any third-party service on which the System depends.
Where Equipment reaches the end of manufacturer support and can no longer receive security updates, we will tell you in writing, explain the risk of retaining it, and propose replacement. We will not knowingly continue to maintain Equipment we consider unsafe to keep in service.
7. Monitoring and response
FlexiScan does not operate an Alarm Receiving Centre and does not employ a guarding division. Where your System includes professional monitoring, keyholding or alarm response, those services are delivered by an accredited partner organisation under contract to us, or by your own existing provider where you prefer.
Where the service is arranged through us, FlexiScan remains your sole contracting party and accepts responsibility for the commercial, contractual, technical and maintenance aspects of that arrangement. Complaints are raised with us and investigated by us; we will not refer you to a subcontractor.
Where you instruct us to integrate with your own provider, our responsibility extends to the design, commissioning and maintenance of the signalling path and the integration, but not to that provider’s performance.
Police response to an alarm system is granted by the relevant police force at its discretion. We cannot guarantee that it will be granted, retained or reinstated, and excessive false alarms may result in its withdrawal.
8. What a security system can and cannot do
We would rather state this plainly than bury it.
No security system prevents all loss, damage or harm. Systems are designed to deter, detect, delay and provide evidence. Their effectiveness depends on correct use, proper maintenance, the response arrangements in place, and the determination of the person attempting entry. We do not represent, and you should not assume, that a System will prevent a burglary, an intrusion, a loss or an injury.
We are not an insurer. The Contract is for the supply of goods and services, not for the indemnification of loss. You should maintain appropriate insurance covering the risks at the Property, and we recommend you tell your insurer what is being installed.
9. CCTV: your obligations, and our position
Where the System includes CCTV, the following applies in addition to the rest of these terms.
FlexiScan is not the data controller for your CCTV footage, and has no access to it.
Where we design, supply, install or maintain a CCTV system at your property, the recording equipment and the storage media belong to you and remain at your premises or in a storage account under your sole control. We do not hold copies of your footage, we do not stream it, we do not retain remote viewing credentials after handover, and we have no technical means of retrieving recorded images once an installation is complete.
In UK data protection terms, you determine the purposes and means of that processing and you are therefore the data controller for the images your system records. FlexiScan is not a controller and is not a processor in respect of that footage.
We cannot act on a data subject access request, an erasure request or any other request under the UK GDPR or the Data Protection Act 2018 relating to CCTV images. We have nothing to search and no lawful basis on which to obtain the material from you. Any such request must be made to the operator of the system. If a request reaches us in error we will not forward the substance of it, and will simply explain that we are not the controller.
What we provide. Every CCTV installation is handed over with a completed data protection impact assessment template, a recommended retention period, model signage, a procedure for responding to a request from a neighbour, and a documented process for exporting evidence for the police. We provide these as standard because they make the installation defensible.
What you are responsible for. Operating the system lawfully; determining and applying the retention period; displaying appropriate signage; responding to requests from individuals recorded by it; registering with the Information Commissioner’s Office where required; and reviewing the position if the coverage or purpose of the system changes.
Where cameras look beyond your boundary. If your cameras capture any area outside the boundary of your own property — a pavement, a road, a neighbour’s garden or driveway — the domestic purposes exemption in the Data Protection Act 2018 does not apply, and the full obligations of a data controller fall on you. We will advise on masking and positioning to reduce or remove such capture, but the decision, and the responsibility for it, is yours.
Remote viewing credentials created during commissioning are handed to you and removed from our systems. If you subsequently grant us access for a specific maintenance purpose, that access is temporary, is exercised only with your instruction, and is revoked on completion.
10. Warranty
We warrant that the Services will be performed with reasonable skill and care, and that the Equipment will be free from defects in materials and workmanship for the warranty period stated in your Proposal, being not less than 12 months from acceptance.
The warranty excludes consumable items including batteries beyond their rated life; damage caused by misuse, neglect, unauthorised modification or third-party interference; damage caused by external events including fire, flood, lightning and power surge; and any failure arising from your own network, power or internet service.
Nothing in this clause affects a Consumer’s statutory rights under the Consumer Rights Act 2015, which include the right to goods that are of satisfactory quality, fit for purpose and as described, and to services performed with reasonable care and skill.
11. Cancellation
Consumers. Where the Contract is made away from our premises or at a distance, you have the right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel within 14 days of the day the Contract is entered into, without giving a reason. To cancel, tell us in writing before the period expires; you may use the model cancellation form supplied with your Proposal but you do not have to. We will refund all payments received within 14 days of being told.
If you ask us to begin work during the cancellation period and then cancel, you must pay for what has been supplied up to the point of cancellation. Once the Services have been fully performed with your express prior consent, and you acknowledged that you would lose the right to cancel on completion, that right is lost.
Other customers. Cancellation before installation begins attracts a charge equal to our reasonable costs incurred, including non-returnable Equipment ordered specifically for the Contract.
Termination for cause. Either party may terminate immediately on written notice if the other commits a material breach not remedied within 30 days of written notice, or becomes insolvent. Sums due for work already performed remain payable.
12. Liability
Nothing in these terms limits or excludes our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; breach of the terms implied by section 12 of the Sale of Goods Act 1979; defective products under the Consumer Protection Act 1987; or any other liability that cannot lawfully be limited or excluded.
For Consumers. We are responsible for loss or damage that is a foreseeable result of our breach of the Contract or our failure to use reasonable care and skill. We are not responsible for loss or damage that is not foreseeable. Your statutory rights are unaffected.
For all other customers. Subject to the paragraph above, our total liability arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the greater of the total charges paid under the Contract in the 12 months preceding the event, or £100,000. We are not liable for loss of profit, loss of business, business interruption, loss of anticipated savings, loss of goodwill, or any indirect or consequential loss.
We are not liable for any loss arising from the operation of a CCTV system by you, including any regulatory action, claim or complaint arising from images it records. See clause 9.
Details of our public liability and professional indemnity insurance are available on request.
13. Confidentiality
Each party will keep confidential all information disclosed by the other that is marked confidential or that a reasonable person would consider confidential, and will not use it except for the purposes of the Contract.
We treat information describing how a Property is protected — drawings, device schedules, codes, credentials, vulnerabilities and Survey findings — as confidential without exception. It is held on a need-to-know basis, is never used in marketing, and is never disclosed to a third party except as necessary to deliver the Services or where required by law. This obligation survives termination of the Contract indefinitely.
14. Events outside our control
We are not liable for any failure or delay in performing our obligations caused by an event outside our reasonable control, including fire, flood, severe weather, epidemic, civil disorder, industrial action, failure of public utilities or telecommunications networks, and the acts or omissions of government. We will notify you as soon as reasonably possible and take reasonable steps to minimise the effect. If the event continues for more than 12 weeks, either party may terminate on written notice.
15. Complaints
If something goes wrong, please tell us; we would far rather hear about it. Raise it through our contact form, marked as a complaint, or directly with whoever you have been dealing with.
We will acknowledge a complaint within two working days and provide a substantive response within ten, or explain why more time is needed and when you will hear from us. If you remain dissatisfied you may ask for the matter to be reviewed by a member of the team who has not been involved.
This procedure covers work delivered on our behalf by a monitoring or response provider. Raise it with us, not with them.
Where a complaint falls within the remit of an industry inspectorate or an alternative dispute resolution scheme to which we belong, our final response will identify it and explain how to approach it. Complaints about how we have handled personal data may be made to the Information Commissioner’s Office at any time.
16. General
Assignment. You may not assign or transfer the Contract without our written consent. We may subcontract our obligations, but this does not affect our responsibility to you.
Third parties. No person other than you and us has any right to enforce the Contract under the Contracts (Rights of Third Parties) Act 1999.
Entire agreement. The Contract constitutes the entire agreement between the parties and supersedes all previous drafts, proposals and discussions, save that nothing limits liability for fraudulent misrepresentation.
Variation. Any variation must be agreed in writing by both parties.
Governing law. The Contract, and any dispute arising out of it, is governed by the laws of England and Wales, and the courts of England and Wales have jurisdiction. If you live in Scotland or Northern Ireland you may also bring proceedings in the courts of your own jurisdiction.
Questions about this document should be raised through our contact form. Please do not include personal data in your message.