Boundary Technologies Ltd Terms and Conditions of Sale
1. Our Terms
1.1 What These Terms Cover
These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content
1.2 Why You Should Read Them
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss
2. Information About us and How to Contact us
2.1 Who we are
We are Boundary Technologies Ltd a company registered in Scotland. Our company registration number is SC594509 and our address is 61 Dublin Street, Edinburgh, Scotland EH3 6NL. Our registered VAT number is GB 296 4490 58.
2.2 How to contact us
You can contact us by emailing our customer service team at [email protected] or telephoning us on 0800 802 1285. Please note that email is our preferred method of contact wherever possible but telephone may be used where email is not available.
2.3 How we may contact you
If we have to contact you we will do so by writing to you at the email address or postal address you provided to us in your order. We may also contact you by telephone on the telephone number you have provided us in your order on some occasions, but email will be our preferred method of contact.
2.4 “Writing” includes emails
When we use the words “writing” or “written” in these terms, this includes emails.
3. Our Contract With You
3.1 How we will accept your order
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order
If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because our services or product are not currently available in your area, the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK
Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
4. Your Rights to Make Changes
If you wish to make a change to your order once it has been accepted, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the order, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may end the contract (please see Clause 8 – Your rights to end the contract)
5. Your Rights to Make Changes
5.1 Minor changes to our products
We may change our products:
5.1.1 to reflect changes in relevant laws and regulatory requirements; and
5.1.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product in an adverse way.
5.2 More significant changes to the products and these terms
If we are going to make any material changes to the products or your order, we will notify you before making such changes and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
6.0 Providing the Products
6.1 Delivery costs
The costs of delivery of the hardware will be as displayed to you on our website at the time you place your order.
6.2 When we will provide our products
We will deliver the hardware to you as soon as reasonably practicable after your order is accepted, and we will contact you with an estimated delivery date or to agree an installation date if you chose to have your hardware installed at the point of placing your order.
The images of the hardware on our website are for illustrative purposes only. Although we have made every effort to display the hardware accurately, your hardware and the packaging may vary slightly from those images.
We will begin your subscription service on the date set out in the order, being the date seven days after you place your order for self-install, or, if you choose to have your hardware professionally installed by us, the date on which your hardware product is installed.
If you have purchased our Pro package, while we submit your application to the police for your Unique Reference Number (‘URN’) you will pay a reduced rate of 50% of your subscription fee for the first 14 days post-install. Thereafter your monthly fee will revert to full price.
The services will be provided to you until your subscription is cancelled in accordance with Clause 7, or we end the contract by written notice to you as described in Clause 9.
Our mobile app is available for download by you as soon as we accept your order from the App Store and GooglePlay.
6.3 We are not responsible for delays outside our control
If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.4 If you are not at home when the hardware is delivered
If no one is available at your address to take delivery of the hardware, or to be present during the installation of the hardware (if you chose to have us install the hardware when placing your order), we will leave you a note informing you of how to rearrange the installation of the hardware (where you have asked us to install the hardware for you) or the third party managing our deliveries will leave you instructions informing you how to rearrange delivery. If you are not present on the time and date specified for your installation and have not cancelled or rearranged installation no later than 12 noon on the day before installation was due to take place, you will need to rearrange installation and this will also be subject to a failed install fee of £59.
6.5 If you do not re-arrange delivery or installation of the hardware
If you do not re-arrange delivery or installation of the hardware we will contact you for further instructions and may charge you for any further delivery costs or for the cost of another installation appointment, which is listed on our website at www.boundary.co.uk. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or installation we may end the contract and Clause 10.2 will apply.
6.6 If you do not allow us access to install the hardware
If you do not allow us access to your property to install the hardware if you have booked an installation visit (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and Clause 9.2 will apply.
6.7 When you become responsible for the hardware
The hardware will be your responsibility from the time we deliver it to the address you gave us or install it at your address. Where you self-install hardware, we will not be responsible for any loss or damage incurred by you where you have failed to use appropriate tools or follow our provided instructions for self-installation.
6.8 When you own the hardware
You own the hardware once we have received payment of the hardware charge in full.
6.9 We may also suspend supply of the products if you do not pay
If you do not pay us for the subscription service when you are supposed to (see Clause 11.4) and you still do not make payment within 5 days of us reminding you that payment is due, we may suspend supply of the subscription service until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the subscription services. We will not suspend the subscription services where you dispute the unpaid invoice (see Clause 12.6). We will not charge you for the subscription service during the period for which it is suspended.
7. Our Pro Package (Police-Monitored)
7.1 When this clause 7 applies
This clause 7 only applies if you have selected our Pro Package.
7.2 Installation and Maintenance for Pro Package
If you have selected our Pro Package we will require to install your hardware. Self installation is not permitted with the Pro Package.
You should note that our engineers may require to affix the hardware to your property during the installation process and this will involve drilling into walls within/on the outside of your property to affix sensors.
You should not adjust, interfere with or change any hardware installed in/on your property by us. If you do, this may affect the performance of the services and could result in a false alarm (see clause 7.4).
During your subscription term we will require access to your property to conduct maintenance visits in relation to your hardware every 12 months. This is required to maintain the high standard of our services. We will always write to you with at least 45 days notice to advise of an upcoming visit. If the suggested visit time is inconvenient for you, you should contact us to re-arrange the visit, giving at least 7 days notice. If:
• your initial maintenance visit does not occur within 12 months of your services going live; and/or
• we cannot complete an annual maintenance visit every 12 months thereafter,
the police response on your alarm being triggered will be suspended. There is no additional charge for annual maintenance visits.
We may also require access to your property throughout your subscription terms to undertake regulatory inspections. We will always write to you with at least 14 days notice requesting your consent for a regulatory visit. There is no additional charge for such visits.
7.3 Key Holders
There must be at least two key holders nominated for your property at all times during your subscription term. The provision of a lock box or key safe type device is not an acceptable alternative.
Key holders must have been trained to operate the alarm, be at least 18 years of age, be contactable by telephone, have adequate means of transport to attend your property at all hours, have access to all relevant parts of the property and be able to attend within 20 minutes of being notified. Failure to comply with the above could result in the Unique Reference Number (“URN”) provided by the police to police monitored alarms being suspended. Suspension of the URN is at the discretion of the police and we have no control over this. Suspension of the URN will result in suspension of police response on your alarm being triggered. When your hardware product is installed by us, the installation engineer will provide instructions to the person present at the installation on how to operate the alarm. It is thereafter your responsibility to ensure that all nominated key holders are adequately trained in operating the alarm and their responsibilities. Training material is available on our website at https://support.boundary.co.uk.
If your appointed key holders fail to attend your property within 20 minutes when a key holder alert is issued on two occasions in any twelve month period, this will result in the withdrawal of the police response (i.e. automatic police attendance to a confirmed alarm) for a 90 day period.
If a key holder will be unavailable for any reason they should appoint a replacement key holder. If you would like to appoint a new key holder, whether permanently or temporarily (e.g. if you are going on holiday), you must add them as a key holder in the app.
7.4 False Alarms
Activation of the hardware and an alarm signal being issued where there has been no damage to your property or unauthorised entry to the property will be considered a false alarm, unless proved otherwise.
On an alarm signal being issued, you will receive an automatic police attendance (subject to police priorities) unless three false calls have been received in any 12 month period. After two false alarms to the police you will be advised in writing that urgent remedial action should be taken. This may include identifying the cause of false alarms such as unsuitable positioning of the alarm within the home or a fault with the equipment and taking steps to rectify this or arrange for an engineer to check the hardware (see clause 7.6). After three false alarms, police response will be withdrawn.
After three false alarms, reinstatement of your alarm system will require the cause of the false alarms to be identified, remedial action to be taken and a period of 90 days free of false calls from the date of the last false activation, unless an additional method of confirmation is installed. Your subscription price will remain payable during this 90 days (or longer) period and our Alarm Receiving Centre will continue to monitor your service, but no police response will be provided during this period under any circumstances.
Should the level of false alarms result in the restoration of response being delayed for more than six months, the Unique Reference Number allocated by the police will be deleted. If this occurs both you and Boundary will be notified of this in writing. In order to re-instate the service you would be required to reapply for a new Unique Reference Number and pay the associated fee for this.
7.5 Changes to your Property or Telephone Line/Internet Service
If you are planning any changes to the layout of your home (e.g. changing room purposes, removing/building walls or building work such as adding an extension) you must let us know. If you do not contact us to inform us of such changes, this may result in a false alarm being received.
You must inform of us of any changes to or issues with your telephone line or home broadband service (e.g. if you are planning on changing telecoms provider, if you are aware with a fault with your telephone/broadband service or if you plan to disconnect your telephone/broadband service for any reason). Any such change to your telephone/broadband service may result in a false alarm being received.
You are solely responsible for ensuring the broadband connection to your home is maintained and Boundary takes no responsibility in this regard, nor will we provide technical support in relation to your broadband connection.
7.6 Call Outs
If you become aware of a fault with your hardware, you should inform us as soon as possible by calling 0800 802 1285. On making us aware of a material fault with your hardware we will initially attempt to resolve the fault remotely through our own systems and by providing you with instructions for any remedial action you should take within the property. If we are unable to resolve the fault with your remotely, we will dispatch an engineer to your property to resolve the material fault within 8 hours of you reporting the fault to us by telephone.
If, upon the engineer attending your property, it is determined that the fault was caused by you or any third party you permitted to enter your property, you will be charged in accordance with our charge out policy, available at https://support.boundary.co.uk/hc/en-gb/articles/360013467237
8. Your Rights to End the Contract
8.1 You can always end your contract with us
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
8.1.1 if what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see Clause 11;
8.1.2 if you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2;
8.1.3 if you have just changed your mind about the product, see Clause 8.3. You may be able to get a refund (including delivery costs) if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any hardware;
8.1.4 in all other cases (if we are not at fault and there is no right to change your mind), see Clause 8.6.
8.2 Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at 8.2.1 to 8.2.5 below the contract will end immediately and we will refund you in full for any hardware which has not yet been installed or delivered, or any services which have not yet been provided and you may also be entitled to compensation. The reasons are:
8.2.1 we have told you about an upcoming change to the services or these terms which you do not agree to (see Clause 6.2);
8.2.2 we have told you about an error in the price or description of the product or services you have ordered and you do not wish to proceed;
8.2.3 there is a risk that supply of the hardware products may be significantly delayed because of events outside our control;
8.2.4 we have suspended supply of the hardware products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
8.2.5 you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013)
For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don’t have the right to change your mind
You do not have a right to change your mind:
• in respect of hardware that has been damaged by you or anyone you have permitted to access your property; or
• if you activate your services within 14 days of your goods being delivered or installed (as applicable).
8.5 How long do I have to change my mind?
You have 14 days after the day we deliver or install your hardware (as applicable) to change your mind, provided you have not activated your services. If you cancel after you have activated the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
On exercising your right to cancel within 14 days of delivery/installation, you will also be charged a fee for the uninstallation of your hardware (if professionally installed by us) and for the cost to us of any repairs we require to make to your hardware if it has been damaged by you.
8.6 Ending the contract where we are not at fault and there is no right to change your mind
Even if we are not at fault and you do not have a right to change your mind (see Clause 8.1), you can still end your subscription for services with us, just contact us to let us know. The subscription will not end until the end of the current billing period. For example, if your billing period runs from the 15th of each month, and you tell us you want to end the contract on 4 February we will continue to supply the services until 15 February. We will only charge you for supplying the services up to 15 February. Where you cancel your subscription under this clause, no refund will be made for any hardware you have purchased.
9. How to End the Contract with us (Including if you have Changed your Mind)
9.1 Tell us you want to end the contract
To end the contract with us, please let us know by doing one of the following:
9.1.1 Email or telephone
Email us at [email protected] or call our customer services team on 0800 802 1285. Please provide your name, home address, details of the order and, where available, your phone number and email address. Please note that email is our preferred method of contact where possible.
Complete the form on our website at https://boundary.co.uk/returns-and-cancellations.
9.2 Returning hardware after ending the contract
If you end the contract for any reason (other than under Clause 8.6) after products have been dispatched to you or you have received them, you must return them to us by posting them back to us. Please complete the form at https://boundary.co.uk/returns-and-cancellations/ and our team will be in touch with instructions on how to return your hardware. If you are exercising your right to change your mind you must send off the hardware within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return
We will pay the costs of return:
9.3.1 if the products are faulty or mis-described; or
9.3.2 if you are ending the contract because we have told you of an upcoming change to these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 How we will refund you
We will refund you the price you paid for the hardware including delivery costs, by the method you used for payment.
9.5 When your refund will be made
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
9.5.1 If you are returning hardware, your refund will be made within 14 days from the day on which we receive the hardware back from you or, if earlier, the day on which you provide us with evidence that you have sent the hardware back to us; or
9.5.2 in all other cases, your refund will be made within 14 days of your telling us you have changed your mind
Our Rights to End the Contract
10. We may end the contract if you break it
We may end our contract with you at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due; or
10.1.2 you do not, within a reasonable time, allow us to deliver the hardware to you or install the hardware at your property (if applicable);
10.2 If we end the contract in the situation set out in Clause 10.1.2 we will refund any money you have paid in advance for hardware we have not been able to provide but we may deduct or charge you reasonable compensation for the net costs (such as postage and the costs associated with an engineer attending to install the hardware) we will incur as a result of your breaking the contract.
11.0 If There is a Problem with the Hardware, Mobile App or Services
11.1 How to tell us about problems
If you have any questions or complaints about the product or services, please contact us. You can write to us at [email protected] or telephone our customer services team on 0800 802 1285. Email is our preferred method of contact wherever possible. Our complaints policy can also be accessed at https://support.boundary.co.uk/hc/en-gb/articles/360004820537-How-do-I-make-a-complaint-about-the-service.
11.2 Your legal rights
We are under a legal duty to supply products that are in conformity with this contract. For further information on your key legal rights as a consumer please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
11.3 Your obligation to return rejected products
If you wish to exercise your legal rights to reject the hardware if there is a fault with the hardware causing it to not function correctly, you must post it back to us. We will pay the costs of postage. Please email us at [email protected] for a return label.
11.4 Our warranty
11.4.1 This warranty applies to the hardware elements of the products we supply to you, being the Hub, the Motion Sensors, the Contact Sensors, the Outdoor Siren and Key Fobs. The warranty period begins on the date on which you become responsible for the products as set out in clause 6.7.
11.4.2 Warranty period:
(a) If you have purchased the ‘Lite’ or ‘Smart’ product plan, then you will benefit from our standard 12 month warranty period.
(b) If you have purchased either the ‘Smart Plus’ or ‘Pro’ product plan, or if you upgrade to either of these product plans within one year of your initial purchase then you will benefit from our extended three year warranty period. This warranty period replaces the standard warranty period set out at 11.4.2(a) above.
11.4.3 If any of the hardware products noted at 11.4.1 develop a fault during your applicable warranty period, then we will repair or replace it free of charge.
11.4.4 Limitations. This warranty does not apply:
(a) in relation to the replacement of batteries;
(b) where you have chosen to install the products yourself, in relation to faults caused by your failure to correctly install the products;
(c) in relation to faults in the products caused by any accidental damage caused by you or someone else; and
(d) where faults are caused because you have not used the products in line with our instructions, including any user and installation guides.
11.4.5 Your rights. This warranty does not affect your legal rights as set out in the remainder of these terms and conditions.
12. Price and Payment
12.1 Where to find the price for the products
The price of the hardware and subscription service selected (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct.
12.2 Price Increases
From time to time we may require to increase the subscription price payable for the services we provide due to inflation, or increases in costs charged to us by third party suppliers. If we require to increase your subscription cost we will give you three calendar months’ notice in writing before implementing any increase. On receiving such notice, you will be entitled to cancel your subscription in accordance with Clause 8.2. We will not increase our prices by more than 10% in any single 12 month period.
12.3 What happens if we got the price wrong
It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
12.4 When you pay
When you must pay depends on what product you are buying:
12.4.1 For hardware, you must pay for the hardware at the time of placing your order.
12.4.2 For our mobile app, there is no charge for downloading this.
12.4.3 For your subscription to our service, we will take payment monthly in advance by recurring card payment, until the services are cancelled in accordance with the terms of this contract.
12.5 What to do if you think an invoice is wrong
If you think a payment is incorrect please contact us promptly to let us know.
13. Our Responsibility for Loss or Damage Suffered by You
13.1 We are responsible to you for foreseeable loss and damage caused by us
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
13.3 When we are liable for damage to your property
13.3.1 If we are installing hardware in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while installing the hardware.
13.3.2 If you have opted to install the hardware at your property yourself, we are not responsible for the cost of repairing any damage you cause to your property in doing so.
13.4 We are not liable for business losses
We only supply the products and services for domestic and private use. If you use our products or services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.5 Losses due to break-ins and reliance on our products
13.5.1 Please note that we do not provide home insurance services, and our products and services are not an alternative to taking out appropriate insurance cover for your home, contents and personal items. You should always ensure your home and contents are insured against theft and damage to an appropriate level of cover.
13.5.2 Although our products and services may reduce the risk of a break-in, theft or damage to your property, they cannot eliminate the risk of a break-in or any loss you may suffer as a result. Therefore, we are not liable for any loss, cost or expense resulting from a break-in at your property in any event.
13.5.3 We cannot guarantee the accuracy, reliability, availability or effectiveness of information you receive through our products and services. The features of our products and services are intended to provide helpful insights into your home environment and security, but you acknowledge that they are not intended to enable you to make decisions about your personal health and safety and use of our products and services should not replace your good judgment and common sense.
14. How we May use Your Personal Information
15. Other Important Terms
15.1 We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.2 Nobody else has any rights under this contract
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.3 If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.4 Even if we delay in enforcing this contract, we can still enforce it later
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
15.5 Which laws apply to this contract and where you may bring legal proceedings
These terms are governed by Scots law and you can bring legal proceedings in respect of the products in the Scottish courts. If you live in England you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the Scottish courts.