Terms and Conditions
These Terms and Conditions are designed to make sure all telephone transactions are conducted appropriately and that the www.send4help.com website is a secure place to trade. They set out the full terms of the relationship between you and Send4Help.com in connection with this website and any orders placed with us, via but not limited to, our website (www.send4help.com), email, facsimile transmission, or telephone. Whenever you place an order with Send4Help you are accepting the following terms and conditions. Please take the time to read them carefully.
“Send4Help” is a trading name of Wires2Wireless Ltd whose address is 457 Kingston Road, Ewell, Surrey KT19 0EE. Registration number 03982233.
1 Interpretation
1.1 In these Conditions:
CLIENT means the person for whom the Supplier has agreed to provide the Specified Service in accordance with these Terms;
CONTRACT means the contract for the provision of the Specified Service;
EMERGENCY SERVICES means the police ambulance and fire services and the National Response Unit;
NATIONAL RESPONSE SERVICE means the fleet of mobile security patrol vehicles operated by an independent service provider
PERSONAL SAFETY DEVICE means the Skyminder 500 or other communications and/or positioning device certified by the Supplier for use with the Service
MONITORING SERVICE means the service provided by Emergency Response Centre upon receipt of an alarm call made by the Personal Safety Device.
SUPPLIER means Wires2wireless Limited (registered in England and Wales under number 03982233);
SUPPLIER’S STANDARD CHARGES means the charges shown in the Supplier’s brochure, website, or other published literature relating to the Specified Service from time to time.
USER means the person who has been registered with the Supplier as the user of the personal safety device
1.2 The headings in these Terms are for convenience only and shall not affect their interpretation.
2 Supply of the Specified Service
2.1 The Supplier shall provide the Monitoring Service to the Client subject to these Terms which shall include receiving the signal sent on land in Great Britain (excluding the Isle of Man) and to communicate to the Emergency Services on land in Great Britain and to carry out the agreed escalation procedure upon alarm activation including communicating relevant available information to the Emergency Services. Any changes or additions to the Monitoring Service or these Terms will be notified in writing to the Client.
2.2 The Client shall supply the Supplier with all necessary bank and credit card information. The Client shall ensure the accuracy of this information.
2.3 The Supplier shall sell and the Client shall purchase the Personal Safety Device.
2.4 The Client will enter into an airtime contract with Wireless Logic Limited within 7 days of purchase of the Personal Safety Device for a minimum period of 12 months, which is payable by Direct Debit.
2.5 Further details about the Monitoring Service, and advice or recommendations about its provision or utilisation, which are not given in the Supplier’s general promotional literature, may be made available on written request.
2.6 The Supplier may correct any typographical or other errors or omissions in any brochure, promotional literature, or other document relating to the provision of the Monitoring Service without any liability to the Client.
3 Charges
3.1 Subject to any special terms agreed, the Client shall pay the Supplier’s Standard Charges and any additional sums which are agreed between the Supplier and the Client for the provision of the Monitoring Service by credit or debit card as the Supplier may require.
3.2 All charges quoted to the Client for the provision of the Monitoring Service are inclusive of any Value Added Tax.
3.3 The Supplier’s Standard Charges for the Monitoring Service shall be paid by the Client monthly in advance and any additional sums incurred as a result of the escalation procedures being implemented shall be paid immediately by credit card (excluding Wireless Logic airtime, SMS, and call charges which are paid for by Direct Debit separately).
3.4 If payment is not made on the due date, the Supplier shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount (both before and after any judgment) at the rate of 4% above the base rate from time to time of Barclays Bank plc from the due date until the outstanding amount is paid in full.
4 Warranties and Liability
4.1 The Supplier warrants to the Client that the Monitoring Service will be provided using reasonable care and skill and, as far as reasonably possible, 24 hours per day, 365 days per year. Where the Supplier supplies in connection with the provision of the Specified Service any goods supplied by a third party, the Supplier does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign to the Client the benefit of any warranty, guarantee or indemnity given by the person supplying the goods to the Supplier.
4.2 Except in respect of death or personal injury caused by the Supplier’s negligence, the Supplier shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Supplier, its servants or agents or otherwise) which arise out of or in connection with the provision of the Monitoring Service or their use by the Client.
4.3 The Supplier shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Supplier’s obligations in relation to the Monitoring Service, if the delay or failure was due to any cause beyond the Supplier’s reasonable control which shall include but not be limited to the capability of the Personal Safety Device, the number of people using the applicable mobile telecommunications network; geographic or atmospheric conditions; maintenance requirements; equipment failures; lack of network coverage; strike and lock-out.
4.4 All communications by the User to the Emergency Response Centre must be in English. The Supplier is not liable to respond to a request if that request is made in any language other than English.
4.5 The Supplier shall have no liability for any failure by the Emergency Services to act on a communication when received or in the event that the Emergency Services fail to appear at the location in time.
5 Termination
5.1 This Contract shall continue for a minimum of 12 months. The Client shall be entitled at any time after that period has expired to terminate the Contract by giving not less than 30 days’ notice to the Supplier. Such notice must be given by telephoning the customer service number displayed on the website ‘send4help.com’.
5.2 If the Client fails to make any payment due under this Contract the Supplier may suspend the Services (but shall not be obliged to do so) and any such suspension will be without prejudice to any antecedent claim the Supplier may have against the Client.
6 Data Protection
6.1 Details of the Suppliers Privacy Policy can be found on the Send4help website at www.send4help.com/privacy.
7 Returns Procedure
7.1 Details of the Suppliers Returns Policy can be found on the Send4help website at www.send4help.com/returns
8 General
8.1 If any provision of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
8.2 English law shall apply to the Contract, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.