CCTV Installation, Responsibility And Liability Notice

CCTV INSTALLATION, RESPONSIBILITY AND LIABILITY NOTICE

SMARTTEC SYSTEMS LIMITED

SmartTec Systems Limited

Lavender House

Bleasby Road

Thurgarton

Nottinghamshire

NG14 7FW

Telephone: 0800 999 1230

Email: info@smarttec-systems.co.uk

Website: https://smarttec-systems.co.uk

Company Registration Number: 11766731

VAT Registration Number: 331299701

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1. SMARTTEC’S ROLE

1.1 SmartTec Systems Limited (“SmartTec”, “we”, “us” or “our”) provides the supply, installation and, where agreed, initial configuration of CCTV and related security equipment.

1.2 Unless expressly stated otherwise in the quotation, Proposal or invoice, SmartTec:

1. installs CCTV and related equipment;

1. may configure the system and associated applications where this forms part of the agreed installation;

1. does not operate the Customer’s CCTV system on an ongoing basis;

1. does not continuously monitor CCTV footage;

1. does not routinely review CCTV recordings;

1. does not provide a police, security guard or emergency response service;

1. does not determine the Customer’s lawful purpose for using CCTV;

1. does not determine the areas which the Customer should monitor;

1. does not determine how long the Customer should retain recordings;

1. does not determine who should have access to recordings;

1. does not determine whether audio recording should be enabled;

1. does not provide legal or data-protection advice; and

1. is not responsible for the Customer’s ongoing operation, management or use of the CCTV system.

1.3 Any monitoring, maintenance, remote support or other continuing service is only provided where expressly agreed in writing and may be subject to separate terms and charges.

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2. CUSTOMER RESPONSIBILITY

2.1 Following completion of the installation, the Customer is responsible for the operation and use of its CCTV system.

2.2 The Customer is responsible for:

1. deciding the purpose for which CCTV is used;

1. deciding which areas are to be monitored;

1. ensuring that CCTV is used lawfully;

1. ensuring appropriate signage is displayed where required;

1. determining appropriate retention periods for recordings;

1. controlling access to recordings;

1. determining which individuals are authorised to access the system;

1. maintaining appropriate passwords and user accounts;

1. complying with applicable data-protection and privacy legislation;

1. responding to requests concerning personal data and CCTV recordings where applicable;

1. deciding whether and when footage should be disclosed to the police, insurers, solicitors or other third parties;

1. maintaining internet, broadband, mobile, cloud and other services required for remote access;

1. maintaining suitable power and network infrastructure;

1. ensuring third-party applications and cloud services are used appropriately;

1. notifying SmartTec where technical assistance is required; and

1. ensuring the system continues to be used appropriately following installation.

2.3 The Customer should obtain independent legal or data-protection advice where appropriate.

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3. DATA CONTROLLER

3.1 Where SmartTec installs CCTV at a Customer’s premises, the Customer will normally determine the purposes and means of processing personal data captured by the CCTV system and will therefore normally be the data controller.

3.2 SmartTec does not normally determine the purposes for which the Customer uses CCTV and does not normally act as the Customer’s data controller.

3.3 Where SmartTec is required to access a Customer’s system for technical support, installation, maintenance or fault finding, SmartTec will only access information reasonably necessary for that purpose.

3.4 Nothing in this notice constitutes legal, privacy or data-protection advice.

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4. SMARTTEC’S INSTALLATION RESPONSIBILITY

4.1 SmartTec shall carry out installation Services with reasonable skill and care.

4.2 SmartTec’s responsibility is limited to the Products and Services expressly included in the quotation, Proposal or invoice.

4.3 Where SmartTec is responsible for the installation and configuration of CCTV equipment, SmartTec shall be responsible for defects in its own workmanship in accordance with the applicable warranty, the Agreement and applicable law.

4.4 SmartTec shall not be responsible for matters outside the installation work carried out by SmartTec.

4.5 Where equipment is supplied, installed or configured by another contractor or third party, SmartTec shall not be responsible for that third party’s work.

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5. SYSTEM PERFORMANCE

5.1 CCTV is a security and surveillance aid and cannot guarantee the prevention, detection or recording of every incident.

5.2 SmartTec does not guarantee that:

1. every person, vehicle or object will be detected;

1. every incident will be recorded;

1. every recording will be retained;

1. every movement will trigger an alert;

1. every notification will be generated;

1. every notification will be successfully transmitted or received;

1. remote viewing will always be available;

1. the system will prevent crime;

1. the system will prevent loss or damage;

1. facial, vehicle, person, object or other analytics will identify every relevant event; or

1. the system will operate continuously without interruption.

5.3 System performance may depend on circumstances outside SmartTec’s control, including lighting, weather, camera positioning, environmental conditions, internet connectivity, power supply, network infrastructure, software, firmware and third-party services.

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6. INTERNET, NETWORK AND THIRD-PARTY SERVICES

6.1 Where CCTV equipment relies upon an internet connection, router, network, mobile connection, cloud service or third-party application, SmartTec is not responsible for the availability, security or performance of those services unless SmartTec has expressly agreed in writing to provide or manage them.

6.2 This includes failures or interruptions caused by:

1. broadband or internet outages;

1. router replacement, reset or failure;

1. changes to the Customer’s internet service provider;

1. changes to passwords;

1. mobile network failures;

1. cloud-service outages;

1. manufacturer servers;

1. third-party applications;

1. software or firmware updates;

1. Customer network changes;

1. changes to the Customer’s firewall or network security;

1. failure of Customer-owned equipment; or

1. other third-party services.

6.3 Where SmartTec is required to attend the premises or undertake additional technical work as a result of any matter outside SmartTec’s control, additional charges may apply.

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7. REMOTE VIEWING

7.1 Where SmartTec configures remote viewing as part of the installation, SmartTec’s responsibility is limited to the configuration work included within the agreed quotation or Proposal.

7.2 Following completion of the installation, the Customer is responsible for:

1. its mobile telephone, tablet, computer or other viewing device;

1. passwords and access credentials;

1. user accounts;

1. internet connectivity;

1. application access;

1. security of viewing devices;

1. maintaining supported operating systems; and

1. ensuring authorised users retain appropriate access.

7.3 If remote viewing subsequently stops working because of a router change, internet-provider change, mobile-phone change, application update, password change, network alteration, operating-system update or other matter outside SmartTec’s control, further technical work may be chargeable.

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8. CCTV FOOTAGE AND RECORDINGS

8.1 Unless expressly agreed otherwise in writing, SmartTec does not routinely access, monitor, store or control the Customer’s CCTV recordings.

8.2 CCTV recordings remain under the control of the Customer.

8.3 SmartTec is not responsible for:

1. the Customer’s retention of recordings;

1. deletion of recordings;

1. loss of recordings caused by Customer equipment, storage failure or settings;

1. unauthorised access caused by Customer passwords or credentials;

1. disclosure of recordings by the Customer;

1. failure by the Customer to back up important recordings; or

1. the Customer’s failure to comply with applicable data-protection requirements.

8.4 Where SmartTec is asked to retrieve, export, copy or provide technical assistance with CCTV footage, additional charges may apply unless the work is expressly included within the agreed Service.

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9. PASSWORDS AND SYSTEM SECURITY

9.1 The Customer is responsible for keeping CCTV system passwords and access credentials secure following installation.

9.2 The Customer should change default passwords where appropriate and should remove access for users who are no longer authorised.

9.3 SmartTec is not responsible for unauthorised access resulting from passwords or credentials being disclosed, compromised, reused or improperly managed by the Customer or an authorised user.

9.4 Where SmartTec recommends security measures, such recommendations do not transfer responsibility for the Customer’s ongoing system security to SmartTec.

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10. AUDIO RECORDING

10.1 Some CCTV equipment has audio recording or audio detection capability.

10.2 SmartTec does not determine whether audio recording is lawful or appropriate for the Customer’s particular circumstances.

10.3 Where the Customer requests audio recording to be enabled, the Customer is responsible for ensuring that its use complies with applicable law.

10.4 Where the Customer does not require audio recording, SmartTec may disable the function where technically possible and where this forms part of the agreed installation or configuration.

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11. CCTV ANALYTICS AND AI

11.1 Where equipment includes AI, smart motion detection, tripwire detection, intrusion detection, person detection, vehicle detection, facial recognition or similar functionality, SmartTec may configure those features where requested and where technically available.

11.2 The Customer acknowledges that such features depend upon equipment, software, firmware, lighting, environmental conditions, camera positioning and manufacturer technology.

11.3 SmartTec does not guarantee the accuracy, reliability or completeness of third-party analytics.

11.4 SmartTec shall not be responsible for a failure of manufacturer-provided analytics, AI functions or notifications except where the failure is directly caused by SmartTec’s negligent installation or configuration.

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12. THIRD-PARTY MANUFACTURERS

12.1 CCTV equipment may contain software, firmware, cloud services and applications supplied by third-party manufacturers.

12.2 SmartTec does not control the operation, availability, security, updates or privacy practices of those third parties.

12.3 Manufacturer changes, software updates, firmware updates, discontinuation of services, server failures or compatibility issues may affect the operation of the system.

12.4 Where a failure is caused solely by a third-party manufacturer or service provider, SmartTec shall not be responsible for that failure.

12.5 Where a manufacturer’s warranty applies to equipment, SmartTec may assist the Customer in dealing with the manufacturer where reasonably practicable, but SmartTec does not guarantee the manufacturer’s response, repair or replacement times.

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13. SECURITY SYSTEM DISCLAIMER

13.1 The Customer acknowledges that CCTV is a security aid and is not a guarantee against crime, loss, damage or unauthorised access.

13.2 SmartTec does not guarantee that the installation of CCTV will:

1. prevent burglary;

1. prevent theft;

1. prevent vandalism;

1. prevent unauthorised access;

1. identify an offender;

1. record every incident;

1. notify the Customer of every event; or

1. prevent any loss or damage.

13.3 The Customer should maintain appropriate insurance and should not rely solely on CCTV as its only security measure.

13.4 Where the Customer requires a guaranteed response to alarms or security events, it should arrange an appropriate professional monitoring service. Unless expressly agreed in writing, SmartTec does not provide such a service.

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14. NO MONITORING SERVICE

14.1 Unless expressly stated otherwise in writing, SmartTec does not provide a continuous CCTV monitoring or emergency response service.

14.2 The Customer must not assume that SmartTec is monitoring its CCTV system or will automatically be alerted to an incident, system failure, camera failure or security event.

14.3 SmartTec shall not be responsible for failing to respond to an event where no monitoring or response service has been expressly agreed.

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15. NO GUARANTEE OF NOTIFICATIONS

15.1 Where push notifications, alerts or other notifications are configured, SmartTec does not guarantee that a notification will be generated, transmitted, received or acted upon.

15.2 Notification functionality may depend upon:

1. internet connectivity;

1. mobile networks;

1. mobile devices;

1. manufacturer servers;

1. applications;

1. operating systems;

1. notification settings; and

1. other third-party services.

15.3 The Customer remains responsible for deciding how it responds to any notification received.

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16. SMARTTEC’S WORKMANSHIP

16.1 Nothing in this notice removes SmartTec’s responsibility for its own negligent installation or defective workmanship.

16.2 Where SmartTec has installed equipment incorrectly or failed to exercise reasonable skill and care, SmartTec will deal with the issue in accordance with the applicable warranty, the Agreement and applicable law.

16.3 SmartTec shall not be responsible for subsequent faults caused by circumstances outside SmartTec’s control.

16.4 Any workmanship warranty provided by SmartTec does not cover:

1. misuse;

1. accidental damage;

1. vandalism;

1. unauthorised alteration or repair;

1. power surges or electrical faults outside SmartTec’s control;

1. internet or network failure;

1. third-party applications;

1. manufacturer firmware or software changes;

1. failure to follow instructions;

1. normal wear and tear;

1. damage caused by other contractors;

1. Customer-supplied equipment; or

1. circumstances outside SmartTec’s reasonable control.

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17. CUSTOMER ALTERATIONS AND THIRD-PARTY WORK

17.1 If the Customer or a third party subsequently alters, moves, disconnects, reconfigures, repairs, modifies or interferes with the system, SmartTec may not be responsible for resulting faults, damage or loss.

17.2 Any subsequent work required to rectify such alterations or damage may be chargeable.

17.3 SmartTec shall not be responsible for defects or failures caused by another contractor working on the system or associated infrastructure.

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18. CUSTOMER-SUPPLIED EQUIPMENT

18.1 Where SmartTec installs or configures equipment supplied by the Customer, SmartTec does not warrant the quality, compatibility, condition, reliability or future performance of that equipment.

18.2 SmartTec may decline to install or configure equipment which is unsafe, defective, unsuitable or incompatible.

18.3 Additional costs caused by defective, unsuitable or incompatible Customer-supplied equipment may be chargeable.

18.4 SmartTec shall not be responsible for failures caused by Customer-owned routers, switches, networks, cabling, internet connections, power supplies or other infrastructure not supplied or installed by SmartTec.

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19. LIMITATION OF SMARTTEC’S LIABILITY

19.1 Nothing in this notice excludes or limits liability which cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.

19.2 Subject to clause 19.1, SmartTec’s responsibility is limited to the Products and installation Services expressly supplied by SmartTec.

19.3 SmartTec shall not be responsible for losses caused by matters outside its reasonable control, including:

1. internet failure;

1. network failure;

1. power failure outside SmartTec’s control;

1. third-party cloud services;

1. manufacturer systems;

1. Customer equipment;

1. Customer misuse;

1. unauthorised alterations;

1. vandalism;

1. theft;

1. cyberattack;

1. mobile network failure;

1. environmental conditions;

1. third-party applications;

1. manufacturer software or firmware; or

1. failure of third-party services.

19.4 For Commercial Customers, the liability provisions and any contractual financial limitation contained within SmartTec’s Terms and Conditions of Business shall also apply.

19.5 Nothing in this notice limits or excludes any statutory rights of a Domestic Customer or any liability which cannot lawfully be limited or excluded.

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20. DOMESTIC CUSTOMERS

20.1 Where the Customer is a consumer purchasing Products or Services wholly or mainly outside their trade, business, craft or profession, applicable consumer legislation shall apply.

20.2 Nothing in this notice is intended to remove, restrict or exclude any statutory consumer rights.

20.3 Where SmartTec is legally responsible for defective Products or Services, SmartTec will provide the remedy required by applicable law.

20.4 Any warranty provided by SmartTec is in addition to, and does not replace, the Customer’s statutory rights.

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21. COMMERCIAL CUSTOMERS

21.1 Where the Customer is purchasing Products or Services for business purposes, the Commercial Customer provisions contained in SmartTec’s Terms and Conditions of Business shall apply.

21.2 Those provisions include, where applicable:

1. payment obligations;

1. recovery of overdue monies;

1. interest on overdue commercial debts;

1. suspension of Services;

1. termination;

1. retention of title;

1. recovery of unpaid equipment;

1. limitation of liability; and

1. recovery of reasonable costs to the extent permitted by law.

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22. CUSTOMER’S RESPONSIBILITY FOR SYSTEM USE

22.1 SmartTec installs the system.

22.2 Unless expressly agreed otherwise, the Customer operates and uses the system.

22.3 SmartTec is responsible for:

1. supplying the agreed Products;

1. installing the equipment;

1. carrying out agreed configuration;

1. exercising reasonable skill and care; and

1. rectifying defects in SmartTec’s own workmanship in accordance with the applicable warranty and law.

22.4 The Customer is responsible for:

1. operating the system;

1. deciding how CCTV is used;

1. privacy and data-protection compliance;

1. signage;

1. retention of footage;

1. access to footage;

1. passwords and authorised users;

1. internet and network services;

1. third-party applications;

1. monitoring the system;

1. responding to alerts; and

1. deciding what action to take following an incident.

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23. DATA-PROTECTION AND PRIVACY RESPONSIBILITY

23.1 The Customer is responsible for determining whether its CCTV use complies with applicable data-protection, privacy and surveillance requirements.

23.2 Depending on the circumstances, the Customer may be required to consider matters including:

1. lawful use of CCTV;

1. signage and transparency;

1. privacy notices;

1. retention periods;

1. access to footage;

1. disclosure of footage;

1. requests from individuals;

1. security of recordings;

1. audio recording; and

1. the use of CCTV beyond the Customer’s own property.

23.3 SmartTec may provide general technical information regarding CCTV equipment but does not provide legal advice.

23.4 The Customer should obtain independent advice where it is uncertain about its legal obligations.

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24. SYSTEM MAINTENANCE

24.1 Unless expressly included in the Proposal, SmartTec is not responsible for ongoing maintenance, monitoring or servicing of the CCTV system.

24.2 The Customer should arrange appropriate maintenance where necessary.

24.3 Where the Customer requests a maintenance visit, technical support, fault finding, remote assistance or additional configuration after installation, SmartTec may charge its applicable rates unless the work is covered by an applicable warranty.

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25. AGREEMENT WITH CUSTOMER

25.1 This CCTV Installation, Responsibility and Liability Notice forms part of SmartTec’s Terms and Conditions of Business where incorporated into the relevant quotation, Proposal, Order or Agreement.

25.2 It should be read together with SmartTec’s Terms and Conditions of Business and the relevant quotation or Proposal.

25.3 If there is any conflict between this notice and mandatory statutory rights, the statutory rights shall prevail.

25.4 If there is a conflict between this notice and an express term in a signed Proposal, the express term in the signed Proposal shall apply to the extent of the conflict, unless prohibited by law.

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26. SMARTTEC SYSTEMS LIMITED

SmartTec Systems Limited

Lavender House

Bleasby Road

Thurgarton

Nottinghamshire

NG14 7FW

Telephone: 0800 999 1230

Email: info@smarttec-systems.co.uk

Website: https://smarttec-systems.co.uk

Company Registration Number: 11766731

VAT Registration Number: 331299701

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IMPORTANT CUSTOMER NOTICE

SMARTTEC INSTALLS THE SYSTEM — THE CUSTOMER IS RESPONSIBLE FOR ITS ONGOING USE.

Unless expressly agreed otherwise in writing, SmartTec does not continuously monitor CCTV, does not operate the Customer’s CCTV system and does not provide a police or emergency response service.

The Customer remains responsible for the lawful use of CCTV, privacy, data protection, signage, recording retention, passwords, users, internet services and the ongoing operation of the system.

SmartTec remains responsible for carrying out its agreed installation work with reasonable skill and care and for defects in its own workmanship in accordance with the Agreement, applicable warranty and applicable law.

Nothing in this notice removes or restricts any liability or statutory right that cannot legally be excluded or restricted.