These Terms and Conditions apply to all HBE24 products and services provided by HBE to the Customer. They form part of the Service Agreement entered into between the Customer and HBE and shall prevail unless otherwise agreed in writing.
The Customer shall pay to HBE the agreed one-off purchase price for the Equipment as set out in the quotation or Service Agreement, plus VAT. Hardware invoices shall be payable in accordance with the payment terms stated on the invoice and must be paid in full prior to or upon installation unless otherwise agreed in writing.
Following installation, the Customer shall pay an annual recurring service fee for the duration of the Contract Term. The annual service fee covers: – hardware maintenance; – data hosting; – access to the HBE24 platform; – reporting and alerting services.
The annual service fee shall be billed annually in advance and is payable within 28 days of the invoice date.
The Customer shall not be entitled to withhold any payment due to HBE unless the Customer notifies HBE of a dispute as to the amount due within five (5) working days of the invoice date. Only the disputed amount may be withheld pending resolution.
All prices are subject to an annual price review unless otherwise agreed (cost certainty detailed within quote for contract term). HBE may charge interest on overdue amounts at 8% above the Bank of England base rate in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and associated regulations.
These Terms and Conditions are binding for the Contract Term specified in the Service Agreement. At the end of the Contract Term, the agreement shall continue on a rolling basis unless either party provides not less than three (3) months’ written notice to expire at the end of the then-current term.
Where the Customer terminates the Service Agreement prior to expiry of the agreed Contract Term, the Customer shall remain liable for: – all outstanding annual service fees due up to the effective termination date; and – the annual service fees that would have been payable during the applicable notice period.
Hardware charges already paid are non-refundable.
HBE shall be entitled to terminate the Service Agreement with immediate effect in the event of a material or repeated breach by the Customer. In such circumstances, HBE shall not be liable for any loss arising from termination.
Title to the Equipment shall transfer to the Customer upon receipt by HBE of full payment of the applicable hardware invoice. Risk shall pass to the Customer upon installation or delivery (as applicable).
The Customer shall permit HBE, its employees and agents reasonable access to its premises for the purposes of installation (if included), inspection, maintenance and support of the Equipment and Services. HBE shall use reasonable endeavours to provide notice of access requirements.
The Customer shall not modify, relocate or interfere with the Equipment in a manner that affects the provision of the Services without prior written notification to HBE.
The Customer shall: – provide a suitable location for the Equipment; – use the Equipment solely for the purposes agreed under the Service Agreement; – comply with all applicable laws and best environmental practices; – follow reasonable recommendations made by HBE in relation to the HBE24 Services.
Any additional works, call-outs or variations requested by the Customer shall be chargeable at rates agreed in writing (detailed in quotation ‘Our offer’ section).
Following installation, the Customer shall be responsible for insuring the Equipment against loss, theft or damage. HBE shall not be responsible for loss or damage to the Equipment except where caused by HBE’s negligence.
Damaged, lost, stolen or vandalised Equipment must be reported to HBE as soon as reasonably practicable. Replacement and reinstallation costs shall be chargeable to the Customer.
The Customer shall indemnify HBE against all claims, liabilities, losses, damages, costs and expenses arising from the Customer’s use of the Equipment or Services, except where caused by death or personal injury resulting from HBE’s negligence.
On accepting the Service Agreement, the Customer agrees that HBE may use and process Customer data for the purposes of service delivery, credit checking and communication relating to HBE24 products and services. HBE shall not disclose Customer information to third parties for marketing purposes.
The Customer may not assign this agreement without prior written consent from a Director of HBE. HBE may assign or novate this agreement at any time.
Any notice shall be in writing and may be served by email, post or hand delivery to the address stated in the quotation or last known address of the recipient.
The Customer must inform HBE of any hazards that may be encountered on its premises and provide full details where Equipment has been exposed to dangerous, toxic or inflammable substances. HBE reserves the right to refuse service following a risk assessment.
This Service Agreement shall be governed by and construed in accordance with the laws of Northern Ireland.
For the purposes of the Contracts (Rights of Third Parties) Act 1999, these Terms and Conditions do not confer any rights on any person who is not a party to them.
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