Terms and Conditions
These terms and conditions apply to the provision by us to you of the PPP Taking Care emergency response services (together referred to in these terms and conditions as the “Service”).
In order to receive the Service from us you will require an alarm base unit in your premises and remote control button(s) plus certain other sensors or detectors depending on the categories of service you have selected, which will facilitate your access to the Service (referred to in these terms and conditions as the “System”).
These terms and conditions contain the entire agreement between us and you in respect of our provision of the Service to you. This Agreement shall come into force on the date you indicate your acceptance of its terms or on the date on which the System is installed on your premises. Please contact our Customer Service Department on 01364 651555 if you have any queries regarding anything contained herein.
Without limiting the effect of the remainder of these terms and conditions, you are advised that the System needed to access the Service is currently only approved to work with the telephone system supplied and maintained by British Telecom. If British Telecom is not your current provider, please check the compatibility of the System with your current provider. If you wish to transfer from British Telecom to a new provider in the future please check the compatibility of the System with them BEFORE you sign up.
1. Our Obligations
1.1 On the understanding that you comply with the Customer obligations set out in these terms and conditions, PPP Taking Care will:
1.1.1 Where possible within 10 working days (or if not possible then as soon as practicable thereafter) of receiving either: your one-off set-up/installation fee (if applicable) and your first monthly, quarterly or annual Service Charge.
(a) if you have selected the We-Connect option, we will install the System in your property, demonstrate and explain to you how to use it to access the Service; or
(b) if you have selected the Self-Connect option, we will deliver the System to you together with instructions for installation, testing and use to access the Service;
1.1.2 Use our best efforts (24 hours a day, 365 days a year) to provide the Service and respond promptly to an emergency alarm call;
1.1.3 In providing the Service, upon receipt of an emergency alarm call take such action as we consider appropriate in the circumstance, including without limit contacting your nominated keyholders, doctor or the emergency services;
1.1.4 Provide maintenance services which shall consist of carrying out inspections, diagnoses and the repair or replacements of the System needed to access the Service (or any part of it) made necessary by normal wear and tear. We will carry out maintenance services by remote monitoring (at our discretion and subject to you complying with paragraph 2.1.11 below) and in response to a request by you. PPP Taking Care will respond to all maintenance requests and endeavour to attend all requests deemed urgent within 48 hours and those deemed non urgent within 96 hours; and
1.1.5 Respond to any complaint made by you in relation to our provision of the Service in accordance with our complaints procedure as set out in the information pack provided to you.
1.2 Please note that maintenance services or additional work required as a result of:
(a) modifications or additions to the System (or any part of it) made by you;
(b) you or a third party moving or attempting to move or tampering with the System (or any part of it) after initial installation;
(c) a request by you to reposition the System (or any part of it) on your premises or move the System to a new address;
(d) misuse or neglect or an accident to the System (or any part of it);
(e) your failure to follow our (or the manufacturer’s) instructions or advice;
(f) a request by you to repair a key safe that is out of warranty
(g) a request by you to reposition a key safe
(h) defects in the electricity supply, telephone service, connections or equipment, cabling, junction boxes, ducting etc.; or
(i) damage caused by an insurable event (for example fire, flood, storm, theft etc.),
will be excluded from the obligation in paragraph 1.1.4 above. We may however (at our sole discretion) provide such excluded maintenance or additional work upon request at an additional cost (£100).
1.3 It may be necessary to transfer or subcontract all or any of our rights and obligations under these terms and conditions at any time without your prior consent.
2. Your Obligations
2.1 You will:
2.1.1 Allow our Telecare Advisors access to the premises for the purposes of installation (if applicable) and on-going maintenance of the System needed to access the Service as required and arrange for easy access to the position where the System (or any part of it) is to be installed;
2.1.2 Make arrangements with British Telecom (or other supplier with which you have verified the compatibility of the System) as may be necessary for the provision and maintenance of a telephone line and pay all sums due and comply with the terms of those arrangements;
2.1.3 Ensure that you have a modern telephone jack socket with a mains electrical 13 amp power socket (ideally within 2 metres of the telephone and on the same wall) in full working order;
2.1.4 Where you have elected self-connection, make a test call by activating the remote control button and the base unit alarm button so that the System can become fully operational. Should you not be able to install the alarm unit yourself or you install the System incorrectly and a Telecare Advisor is required to visit your premises to install, re-install or re-set the System (or any part of it), PPP Taking Care reserves the right to charge an additional call out charge of £60.
2.1.5 Pay the Service Charge in accordance with paragraph 3 below;
2.1.6 Use the System needed to access the Service strictly in accordance with paragraph 4 below;
2.1.7 Not abuse the Service by persistently making emergency alarm calls in situations where assistance is not actually required, nor subject our personnel to any abuse, harassment or violence as a result of your use of the Service;
2.1.8 Provide us with the name and contact details of at least two people (living at separate addresses ideally no more than 15-20 minutes away from you) to act as keyholders who we may contact to come to your aid in the event of an emergency alarm call. It is your responsibility to obtain the prior consent of those persons to the disclosure of their personal details to us, and to us contacting them in the event of an emergency alarm call;
2.1.9 Provide each of your keyholders with a key to your property and authority to allow access to your doctor and / or the emergency services in the event of an emergency alarm call. You acknowledge and accept that it is your responsibility to nominate trustworthy persons to act as keyholders and we shall not in any event be liable for any loss, damage or theft to your property or belongings as a result of giving a key to your property to your keyholders;
2.1.10 Test the Service and System is operating properly by making a test call at least once a month by activating the remote control button;
2.1.11 Report any fault, problem, damage, loss or theft of the System as soon as possible by telephoning our Customer Service Department on 01364 651555 Monday to Friday 9.00am to 5.00pm or by telephoning 01364 654321 at any other time, and permit us to take any steps as we consider appropriate for repair or replacement;
2.1.12 Notify us promptly of anything that may affect our ability to provide the Service to you by calling our Customer Service Department on 01364 651555, in particular to inform us of:
(a) any changes to your address, telephone number or keyholders (and of any changes to their contact details);
(b) any medical details and key safe details as necessary; and/or
(c) any dates when you or any of your key holders will be away on holiday or will be away from home or un-contactable for any other reason.
2.2 You acknowledge and accept that:
2.2.1 it is your sole responsibility to ensure that you are wearing or carrying the remote control button at all times in order to ensure easy access to the Service;
2.2.2 if you chose our Self-Connect option we advise you to check the range of the remote control button by pressing it at various places in your home and garden. If you are concerned about the range please call us for advice.
2.2.3 we cannot guarantee that the System needed to access the Service is compatible with telecommunications systems provided by suppliers other than British Telecom.
2.3 Where you have chosen a key safe you acknowledge and accept that:
2.3.1 Ensure that you make appropriate enquiries of your buildings and home contents insurance company as to the impact of the key safe on your policy
2.3.2 Keep the code for the key safe confidential, save in respect of those individuals who have your express authority to access your property from time to time
2.3.3 provide us, in sufficient time, with any information and instructions relating to the installation that is or are necessary to enable us to carry out the installation in accordance with these terms and conditions
2.3.4 you will inform us of the key safe code for entry into your property
2.3.5 you will notify us immediately if the key safe is changed at any time
2.3.6 PPP Taking Care will not accept liability for forced entry of the emergency services if you have failed to notify us of the amended key safe code.
3. Payment of Service Charge
3.1 You will pay the Service Charge as set out on the front page of this Agreement either by a one-off set-up/installation fee together with all regular Service Charge payments as they become due (amounts vary depending on the payment option you have selected).
3.2 Where you have elected to self-install the System needed to access the Service using Self-Connect, we will charge your Service Charge on a quarterly basis by your preferred method of payment, as in paragraph 3.3 of these terms and conditions.
3.3 Payment of your Service Charge can be made in several different ways:
- Preferred payment option – Direct Debit
- We also accept credit or debit cards, standing orders, bank transfers and internet banking.
3.4 Your Service Charge is as set out on the front page of this Agreement and must be paid by you together with all VAT due unless you are chronically sick or disabled, in which case VAT will not be applicable to the amount of your Service Charge payment that applies to the remote control button monitoring service and the fall detector service (if you have opted for that), and will be noted as £0. The VAT Declaration Form provided to you separately to these terms and conditions contains a definition of the term ‘chronically sick or disabled’ and you should complete the Declaration only if you qualify under that definition.
3.5 We reserve the right to suspend or terminate this Agreement and the provision of the Service to you if payments of your Service Charge remain outstanding. In the event that a payment is missed, we will send you a letter to alert you and to let you know what other steps PPP Taking Care will take before suspending or terminating this Agreement and the provision of the Service to you. In the event that we do decide to terminate in such circumstances, we will promptly notify you in writing.
3.6 We reserve the right to increase your regular Service Charge payments upon giving you at least 3 months’ notice in writing of our intention to do so. In the event that we do this, you will be entitled to terminate this Agreement in accordance with paragraph 9.2 below.
4. Ownership of the System Needed To Access the Service
4.1 We are providing the System to you in order that you can access the Service. This means that it will at all times belong to us and you agree that you will:
4.1.1 not sell, dispose of, part with possession of, lend, lease, hire or otherwise encumber the System except as permitted by paragraph 9.5.2 below; and
4.1.2 use and operate the System to access the Service with reasonable care and in accordance with the instructions provided by us as necessary.
4.2 Please note that you will be responsible for the cost of replacing or repairing the System used to access the Service (total replacement value approximately £100) if it or any part of it is damaged, lost, stolen or destroyed. You are not responsible for any damage caused by reasonable wear and tear, or by any malfunctioning of the System that is not the result of damage to the System while it is in your care.
4.3 Where we have provided a key safe
4.3.1 the key safe will be your responsibility from the time of installation
4.3.2 ownership of the key safe will only pass to you when we receive payment in full for all sums due from you for the key safe
5. Your Personal Information
5.1 We will store your personal details (which may include your medical history or other health information) securely in our database and in accordance with the Data Protection Act 2018 and, except in circumstances set out in paragraph 5.2 and 5.3 below, will not disclose them to any third party, except to those who work for us, without your prior verbal or written consent.
5.2 We will disclose your personal details (including but not limited to name, address, telephone number, doctors details and health information) to the emergency services (and any other third party as may be necessary) in the event that we receive an emergency alarm call and strictly only as necessary to provide the Service to you and exercise our obligations to you under this Agreement and to protect your vital interests. If there is any person (e.g. a family member) to whom you do not want particular medical or health information disclosed please tell us in writing.
5.3 If you consent, we may share information (but not health information) with companies in the AXA UK Group to enable them to contact you about their activities and other products and services.
5.4 We may record telephone conversations for training and quality control purposes and as a record of that conversation.
5.5 You are entitled to view your personal details that we hold. If you wish to do this please call our Customer Service Department on 01364 651555. Alternatively you can write to Customer Services, PPP Taking Care Limited, Linhay House, Linhay Business Park, Ashburton, Devon, TQ13 7UP.
6. Your Right To Cancel
6.1 You have the right to cancel this Agreement and the provision of Services to you under it at any time up to the end of:
6.1.1 14 days after the date of delivery of the System needed to access the Service; or
6.1.2 14 days after the date this Agreement comes into force, whichever occurs the latest. A form which you can use for this purpose is at the end of this Agreement, but you can also telephone our Customer Service Department on 01364 651555 if you wish to cancel this Agreement.
6.2 In the event of cancellation, if you have already received your System, you will be required to return the System to us within 14 days of the date of cancellation. We can supply you with a freepost Royal Mail return collection bag to help you do this. Please ask us for details. In the event that we do not have the System returned to us we will be entitled to charge you a sum of £100.
6.3 In the event of cancellation in accordance with paragraph 6.1, we will refund any payment you have made to us within 14 days of such cancellation.
7. Our Liability
7.1 Nothing in this paragraph 7 will limit or exclude our liability for death or personal injury resulting from negligence or for fraud or fraudulent misrepresentation. These terms and conditions will not affect your statutory rights as a consumer.
7.2 Subject to paragraph 7.1, our total liability in respect of this Agreement shall not exceed the total amount of any installation fee and Service Charge payments paid by you during the twelve (12) months immediately prior to the event giving rise to the claim.
7.3 Subject to paragraph 7.1, we will not be liable for any losses that are not directly associated with any breach by us of the terms of this Agreement or any negligent act or omission in connection with the Service.
7.4 Subject to paragraph 7.1, we shall not be liable to you by reason of any matter outside our reasonable control such as extreme weather events, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to our workforce).
7.5 Subject to paragraph 7.1, we will not be liable for any cost, damage, expense or loss suffered by you as a consequence of you failing to adhere to the warning given at the beginning of these terms and conditions (on page 1).
8. Access To Your Premises
8.1 In order to provide the Service as effectively as possible, PPP Taking Care recommends the installation of a key safe to ensure safe access for the emergency services. If no key safe is used and no one is available to assist entry, then forced entry to your premises may be necessary. PPP Taking Care will not be liable for the cost of repair after forced entry unless the forced entry is initiated as a result of a fault or mistake on the part of PPP Taking Care for which clear evidence is available.
8.2 If we arrange a scheduled appointment with you such as a customer service call or installation appointment, we will ring or knock once and allow you plenty of time to answer. If there is no reply we shall call your home telephone. If there is no answer we will put a card through your door and then leave. In such circumstances, PPP Taking Care reserves the right to charge an additional call out charge of £60 in relation to the re-scheduled appointment.
8.3 If you have chosen and paid for a key safe and made an appointment for us to fit it but are not at home when we call we will install the key safe in an appropriate location on your premises. If we are unable to do so we will put a card through your door and then leave. In such circumstances, PPP Taking Care reserves the right to charge an additional call out charge of £60 in relation to the re-scheduled appointment.
9.1 Both you and PPP Taking Care shall be entitled to terminate this Agreement by providing 3 months’ notice to the other. Please telephone our Customer Service Department on 01364 651555 if you wish to terminate this Agreement.
9.2 Notwithstanding paragraph 9.1, if we give you notice of an increase to your regular Service Charge payments in accordance with paragraph 3.6, or notice of a revision of the Service or amendment to this Agreement in accordance with paragraph 10.1, you may terminate this Agreement by providing us with 14 days’ notice after the date of receipt of such notice and before the date the changes apply. Please telephone our Customer Service Department on 01364 651555 if you wish to terminate this Agreement.
9.3 Please be aware that PPP Taking Care will be entitled to suspend or terminate this Agreement and the provision of the Service to you if you breach any of the terms and conditions set out in this Agreement including (without limit) your failure to keep up with your regular Service Charge payments. In the event that we consider you have breached this Agreement, we will send you a letter to alert you and to let you know what other steps PPP Taking Care will take before suspending or terminating this Agreement and the provision of the Service to you. In the event that we do decide to terminate in such circumstances, we will promptly notify you in writing.
9.4 Subject to paragraph 9.5.2, in the event of termination of this Agreement and the provision of the Service to you for any reason you will be required to return the System to us within 14 days of the date of termination. In the event that we do not receive the System from you we will be entitled to charge you the sum of £100.
9.5 In the event of termination of this Agreement under paragraphs 9.1 or 9.2 only:
9.5.1 we will refund you (within 30 days of the date of termination) any regular Service Charge payments you may have paid in advance which relate to a period extending beyond the date of termination; and
9.5.2 you will be entitled to transfer the System to a friend or relative so that they can access the Service subject to their agreement to our then current terms and conditions and the payment of our regular Service Charge payments. If you wish to do this please telephone our Customer Service Department on 01364 651555.
10.1 PPP Taking Care may revise or discontinue any aspect of the Service or amend the terms of this Agreement from time to time. We will give you at least 3 months’ notice in writing of any such changes and, where appropriate, issue replacement documentation to you. In the event that we do this, you will be entitled to terminate this Agreement in accordance with paragraph 9.2 above.
10.2 A person who is not party to these terms and conditions shall not have any rights under or in connection with them under the Contracts (Rights of third Parties) Act 1999.
10.3 If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be removed from these terms and conditions but the remainder of these terms and conditions will still apply.
10.4 Except as provided for in paragraph 9.5.2, you may not assign your rights and/or transfer your obligations under this Agreement to a third party without our prior written consent.
10.5 If at any time we do not insist on our strict rights under this Agreement, this will not prevent us from doing so on another occasion.
10.6 We are not regulated or supervised by the Financial Conduct Authority (FCA) in respect of the Service. This means that you do not have the right to complain to the Financial Ombudsman Service or to claim on the Financial Services Compensation Scheme in relation to the Service.
10.7 Any notice or other information to be given by either us or you under this Agreement shall be treated as received by the other if left at or sent by first class prepaid post or fax to the address of the recipient shown in this Agreement or to the recipient’s last known address or fax number.
10.8 All notices sent by you to us must be sent to PPP Taking Care Limited Customer Service Department at Linhay House, Linhay Business Park, Ashburton, Devon, TQ13 7UP, United Kingdom.
10.9 This Agreement shall be governed by English law and shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
If you have any queries regarding these terms and conditions or the Service we provide please contact our Customer Service Department at Linhay House, Linhay Business Park, Ashburton, Devon, TQ13 7UP or by telephone on 01364 651555.
In order to maintain a quality service, telephone calls may be monitored or recorded.
Use this form only if you wish to cancel this Agreement in accordance with paragraph 6.
To Customer Services, PPP Taking Care Limited, Linhay House, Linhay Business Park, Devon, TQ13 7UP.
I/We* hereby give notice that I/We* cancel my/our* contract for the supply of the following service: the PPP Taking Care emergency response service.
|Name of consumer(s):||
|Address of consumer(s):||
|Signature of consumer(s):||
|[*] Delete as appropriate.|