AlertMe Terms of Service
AlertMe.com Limited Consumer Terms and Conditions
Welcome to AlertMe! This agreement describes your rights and responsibilities and what you can expect from us.
This document sets out the contractual basis on which AlertMe.com Limited ("us", "we", "our") provides its internet enabled wireless home monitoring and control system. The system comprises an Energy Service and a Security Service and you have subscribe to one or both of these. These terms and conditions apply to the AlertMe alerts service ("the AlertMe service") which uses the AlertMe wireless monitoring products ("the AlertMe products") that you have purchased. Please read these terms and conditions carefully before ordering any AlertMe products or using the AlertMe service. By clicking a button or link marked "I agree" or ordering any AlertMe products or using the AlertMe service you are indicating your agreement to be legally bound by these terms and conditions.
1.1 We may change these Terms and Conditions at any time by updating the relevant page on our website www.alertme.com. We'll treat your continued use of the AlertMe service as your acceptance of the current Terms and Conditions, so please check our website from time to time to review them.
2 ORDERING AND DELIVERY
2.1 This section applies to purchases of AlertMe products directly from us and does not apply if you buy your AlertMe products from someone else.
2.2 You may order online. If you have any questions, please just email email@example.com. Your order will be governed by these Terms and Conditions and is subject to availability.
2.3 All prices displayed on our website are in pounds sterling and include VAT. Postage and packaging may be payable in addition, but you will be advised of these before you confirm any order.
2.4 If we've made any mistakes on our website - regarding pricing or anything else - then of course we'll try to fix them as soon as possible (please let us know), but we can accept no liability for them.
2.5 When you place your order we may pre-authorise your payment card, which means that the amount is reserved and removed from your available spending limit but the funds are not deducted (and so not shown on your statement) until your order is about to be shipped to you.
2.6 We want to get you up and running with AlertMe as soon as possible, and we try to ship products as soon as you order. However if we're really busy please allow up to 5 working days for delivery.
2.7 As soon as your payment clears and we dispatch the goods, you own the AlertMe products you have ordered.
3 ACCESSING THE ALERTME SERVICE
3.1 To use the AlertMe service you'll need to have a wired Ethernet connection to an "always on" broadband Internet connection, and access to a web browser to install and configure the service. In practice this means that you'll need a spare socket on your broadband router - if you don't have one then you'll need to buy a small Ethernet hub or switch which will give you some spare sockets. You'll probably use your home PC as your web browser for installation and configuration, but there's no need to leave it switched-on.
3.2 Whether you bought your AlertMe products directly from us, or from someone else (e.g. a retail shop) you will need to sign up online for the AlertMe service. We offer a Subscription service, described below under "What It Costs". Effective 28th October 2009, Pay As You Go is no longer offered to new customers. You will be asked for your payment details so that we can set up a continuous credit card authorisation or direct debit for payment for the service alert fees and/or top-ups. We will process your payment monthly or annually, in advance.
3.3 When your kit arrives, please unpack your AlertMe products, and set up and activate the service.
3.4 To provide you a highly reliable service, certain AlertMe products have backup power and communications to enable the AlertMe service to function during any occasional failures in your power or broadband access. This is intended for backup use only: you are responsible for ensuring that the AlertMe products are connected to an operating broadband Internet connection - otherwise the service will be limited.
3.5 The AlertMe products and service are intended to be used by consumers in domestic homes. If you're a business user, you're welcome to use the AlertMe service, but please understand that it's not been customised for commercial or industrial use.
3.4 You will use AlertMe products only with the AlertMe service. Any SIM card provided must not be removed from the Hub or used for any other purpose.
4 FEES, DURATION AND CANCELLATION
4.1 We'll provide the AlertMe service to Subscription customers for a minimum TERM of one year, after the expiration of any subscription-free period, and then for as long as you continue to pay us the monthly fee and any additional fees as described in What It Costs. If you stop paying the monthly fee or any additional fees then we are entitled to terminate your access to the AlertMe service and to recover all unpaid fees, A TERMINATION FEE plus interest AND ANY DEBT COLLECTION COSTS. THE TERMINATION FEE SHALL BE CALCULATED AS THE NUMBER OF MONTHS BETWEEN THE TERMINATION DATE AND THE END OF THE MINIMUM TERM MULTIPLIED BY THE MONTHLY FEE.
4.2 If you are an existing Pay-As-You-Go customer we will provide the AlertMe service to you for as long as your account remains in credit and is topped up if required.
4.3 You're responsible for all fees and charges payable to your Internet service-provider (ISP) and mobile network provider.
4.4 We very much hope that you will be completely satisfied with the AlertMe products and service. We want to keep you as a customer by delivering good value, month after month. But if for whatever reason you need to return an AlertMe product to us, or cancel your AlertMe service, we aim to make it as quick and convenient as possible. Subscription customers may cancel the service after the minimum term by contacting us in writing at firstname.lastname@example.org. Please be aware that cancellation of your service may take up to 30 days to take effect, which may result in us charging you a Monthly Fee for one further month. Please note that cancelling your service won't affect your ownership of any AlertMe products that you've purchased from us, or your obligation to pay for them, and we'll be under no obligation to accept their return, or make any credit or refund for them.
4.5 AlertMe products may be returned for any reason within 30 working days from the day the goods are received for a full refund (less courier costs), as long as they remain unused and in "as new" condition with all packaging and labels intact, and as long as you have notified us in writing of cancellation within 7 working days from the day after the goods are received. If you purchased your equipment from someone other than us (e. g. in a retail store) then their returns policy will apply.
4.6 If you abuse the AlertMe service or use it for any illegal or immoral purposes - in our reasonable opinion - then we are entitled to terminate your AlertMe service without liability to you and with one week's notice.
4.7 You agree to indemnify us against any loss, claim or damage that we may incur as a result of your use or abuse of the AlertMe service.
5 AVAILABILITY AND SECURITY
5.1 Reliability is one of our big selling points - your Hub and Accessories are constantly in touch with our servers so you can positively know that everything's working. And our servers are dual-redundant and housed in an ex-Nuclear Bunker with redundant power and communications. So you can see that we've worked hard to ensure that the AlertMe service is always available. But nobody's perfect, so we don't guarantee that access to the AlertMe service will be uninterrupted or error-free, and we will not be liable if, for any reason, the AlertMe service is unavailable at any time or for any period. The AlertMe service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our reasonable control.
5.2 If your subscription includes the ability to receive notifications sent to you by the AlertMe service via SMS, the receipt of these notifications depends on your mobile phone operator's network availability (and of course your mobile phone needs to be turned-on too!). We recommend that you test the AlertMe service before use, particularly if you intend using the AlertMe service while outside of the UK.
5.3 Security is another of our selling points - we use 128-bit AES encryption on the ZigBee network within your home and SSL encryption (the same as internet banking) between the Hub and our servers, and of course our servers are well-protected against hackers. However, you acknowledge that data transmitted between you and us may be intercepted and we accept no liability for this. For example, please be aware that emails in particular are not secure.
5.4 You acknowledge that you alone are responsible for protecting your computer hardware, software and data from unauthorised access, viruses, spyware and all other types of malicious code.
5.5 We confirm that we'll keep personally-identifiable information relating to you and your orders confidential and we won't share it with anyone else except to the extent necessary to fulfil our delivery obligations OR FOR CREDIT CONTROL PURPOSES (I. E. WE MAY PROVIDE INFORMATION TO CREDIT REFERENCE AGENCIES OR DEBT COLLECTION AGENCIES). We may record or monitor telephone calls you make to us for training and security purposes.
5.6 We will be free to include non-personally-identifiable data in any aggregated data summaries that we publish. An example of this would be "we now have 10,000 users in Surrey".
5.7 You acknowledge that you're responsible for keeping any passwords and PIN numbers used for accessing the AlertMe service confidential, and for keeping keyfobs (if purchased) under your control. You should log-out from www.alertme.com when not using it. You are responsible for notifying us if you believe that the security of your account has been compromised.
6.1 We warrant to you that all AlertMe products will perform to their specifications as set out on our website for 12 months from the date of delivery ("the warranty period").
6.2 If, during the warranty period, you find any AlertMe product to be defective you may return it to us at your own expense and we will, if we find it defective, either repair it, replace it, or, if you purchased the equipment directly from us, refund the price you paid for it. Your statutory rights are not affected.
7 INTELLECTUAL PROPERTY
7.1 We, and anyone we may have taken licenses from, own all intellectual property rights in the AlertMe products and service, including intellectual property rights in our software and trade marks.
7.2 For as long as you continue to subscribe to the AlertMe services, we grant you a non-transferable and non-exclusive licence to use our intellectual property rights as necessary for configuring and using the AlertMe products and service. We reserve all rights not expressly granted to you in these Terms and Conditions.
7.3 You may not decompile, reverse-engineer, disassemble or otherwise tamper with the AlertMe products or software except to the extent permissible by law or as noted below. You may not modify, sell, rent, transfer, resell for profit, distribute or create derivative works based upon the proprietary elements of AlertMe products (including the software) or any part of them. In addition to our proprietary software, AlertMe products may contain "open source" software which is licensed to us under the terms of the GNU General Public License Version 2 - this open source software is free and can be modified or distributed by you: please contact us at email@example.com if you would like a copy of the open source software we use (we may charge a fee to cover the cost of providing this).
This section sets limits on our liability to you if things don't go according to plan.
8.1 You acknowledge that the purpose of the AlertMe service is to provide an internet-enabled home monitoring and control service. If you use the intruder alarm features of AlertMe, it should be used in conjunction with appropriate physical security measures. Only you are in a position to assess the value of your home, your possessions and your personal safety and you acknowledge that we cannot be responsible for the security of you, your family, your home and your possessions or for insuring you against the substantial losses that may result from any failure of the AlertMe services.
8.2 In no circumstances will we be liable to you for any loss or damage incurred by you arising from any loss of, damage to or corruption of data, loss of profits or anticipated savings or any indirect or consequential loss, including any physical damage to your home or any of its contents, whether or not such loss or damage was reasonably foreseeable or actually foreseen. Certain AlertMe products can control electrical appliances and heating systems. We do not recommend using such products to control appliances of a critical nature (e. g. refrigerators, freezers, fish tank heaters etc) or any appliance required for safety or medical care or any appliance which, if turned on or off unexpectedly, might cause danger or result in physical damage.
8.3 Our maximum liability to you shall be limited to everything you have paid us for AlertMe Products and the AlertMe service in the 12 months prior to the date on which our liability to you arose. Nothing in these terms and conditions shall operate to limit or exclude our liability for personal injury or death caused by our negligence, our liability for fraud or any other liability that we cannot lawfully exclude.
9.1 Please send any formal notices to us by email to legal@AlertMe.com and confirm them by post.
9.2 If we don't enforce any rights we may have under these Terms and Conditions this shall not operate as a general waiver nor prevent us from enforcing any such right in future.
9.3 We may assign these Terms and Conditions or any part of them to any third party without telling you. You may not assign or transfer your rights under these Terms and Conditions.
9.4 These Terms and Conditions are governed by and construed in accordance with the laws of England. Disputes arising in connection with these Terms and Conditions are subject to the exclusive jurisdiction of the courts of England.
10 ALERTME SERVICES
|Whole House Electricity Monitoring||Yes||Yes|
|Advanced Energy Services (Launch TBC)||Yes||No|
|SmartPlug monitoring and control||Limited||Yes|
|Unlimited SMS messages from you to AlertMe||Yes||Yes|
|Servers monitor your AlertMe products||Yes||Yes|
|SMS and IVR message credit||N/A||£2.50 per month **|
|Cost per SMS||N/A||£0.05 or £0.10 for non-UK numbers|
|IVR per minute (minimum charge 1 minute)||N/A||£0.12 or £0.25 for non-UK numbers|
* Subject to Hub Version
** Rolls for maximum 12 month, only usable for SMS and IVR, non-refundable
- IVR calls to premium rate numbers are not permitted.
- Mobile network back-up is only for occasional use.
- Security customers making heavy use of SMS or IVR may purchase optional top-ups.
- Account credits are non-refundable.
- The Pay As You Go tariff was discontinued for new customers effective 28th October 2009. Existing customer may continue to use this service and this will be covered by the terms and conditions which were applicable on 27th October 2009. Please contact customer service if you require a copy.
- In order to make use of any feature in a subscription tariff it is necessary to purchase the relevant equipment.
Further information on these conditions or any queries on them can be obtained from: The Legal Officer, AlertMe.com Limited
Telephone 44 (0)1223 222150
Facsimile 44 (0)1223 361557