Terms and Conditions for service and consent to forced entry

The purpose of this document is to define the terms and conditions of the Agreement and specify the service standards to be received by the Client.

This agreement is for the supply by Astraline of a telecare device to your home, monitored by our 24 hour telecare team.

The service is provided by Astraline Eden Point, Three Acres Ln, Cheadle Hulme, Cheadle SK8 6RL

Astraline Alarm Service

24 hour 365 days a year monitoring. On receiving a call for assistance we will contact your nominated family, friends or carers, or the emergency services to respond. Please note that it is essential to have a least 2 named contacts willing to respond to calls 24/7 for this service level.

The Conditions are as follows:

1. Subject to the under mentioned conditions:

1.1 Astraline will supply and maintain an electronic alarm unit and telecare sensor(s) (‘The Unit’) at your property (‘The Property’) providing a connection to the Centre for the purpose of contacting by telephone or otherwise, your General Practitioner, your relatives, Social Services, Hospital (if appropriate) or ‘TEC’ responder.

1.2 Astraline staff shall monitor the unit, which remains the property of Astraline, unless an agreement has been made during your contract to purchase the equipment.

1.3 Astraline has the right to subcontract the delivery of the services at any time with reasonable notification.

2. Astraline shall ensure so far as reasonably practical that the service and its equipment is maintained in proper working order, and in the event of a breakdown in the operation of our telecare team, resulting from failure of the equipment, Astraline shall endeavour to report the same as soon as reasonably practical to the manufacturers or their agents.

2.1 Astraline shall contact you at least annually to ensure that the information held on the database is current and up to date and to re-evaluate your Telecare provision.

2.2 Customers are able to request a review of their services at any time

3  You hereby agree with Astraline:

3.1 To ensure provision of all electricity for the unit at the property and to pay promptly all accounts for electricity to the suppliers of such services.

3.2 To pay Astraline monthly by direct debit for the equipment rental and telecare monitoring service. In addition a one off £50.00 will be charged for the installation, programming and set up of the service.

3.3 To pay Astraline an increase in the payments pursuant to and specified as any notice served by Astraline pursuant to paragraph 4.1 of this contract.

3.4 Not to damage or interfere with the proper working of the unit or permit damage or interference, and to report immediately to Astraline any malfunction or damage to the unit and to be responsible for security of the unit at the property.

3.5 Not to transfer this agreement or the unit to any body or person, nor share use of the unit with any other person without Astraline’s written consent.

3.6 To permit Astraline and its employee’s access to the property at all reasonable times for the purpose of testing, inspecting, maintaining, repairing, removing or renewing the telecare device.

3.7 To maintain an arrangement to facilitate key holder access and to notify Astraline of any planned periods of absence from your home. In addition you have an obligation to update Astraline of any important changes to your personal data.

3.8 To indemnify Astraline from and against all accidents, loss or damage arising by reasons of this agreement and use and operation of the unit, except insofar as caused by an act of default on the part of Astraline.

We recommend you insure the unit against theft, loss, damage or destruction in accordance with the requirements provided by Astraline’s Customer and Product manager and to return the unit to Astraline in a good condition on termination of this agreement.

3.9 To test your alarm by pressing your pendant (and sensors) by putting a call through to the call centre during the first 2 weeks of every month.  Failure to test your equipment each month may result in a fault not being identified and the equipment not activating when required in an emergency. If you are concerned that your equipment may be faulty or damaged in any way please press your alarm to contact our telecare team alternatively you can contact Astraline on 0345 217 0721

3.10 No liability shall attach to Astraline for the defect or failure in the equipment, in its connection to the telecare team or the contact centres equipment or any delay in carrying out repairs that are beyond Astraline’s control.

3.11 No liability shall be attached to Astraline for any damage to your property in the instance of the equipment detecting fire, flood or gas leaks. No liability shall be attached to Astraline for the failure of the medication dispenser, the verbal medication reminder or the customer omitting to take the medication when prompted.

4. It is further agreed that:

4.1 That the financial changes referred to in clause 3.2 and 3.3 shall remain in force until varied by Astraline with 28 days’ notice at any time, and you shall pay Astraline the said amount specified in the notice with effect from the said date of expiry of such notice.

This agreement may be terminated:

4.2 Within the cooling off period of 21 days from the date of installation.

4.3 By either party by service of 28 days notice in writing upon the other at any time.

4.4 By either party with immediate effect in the event of death, or for customers of Peaks & Plains, ending their tenancy.

4.5 By Astraline immediately if the unit is damaged or the service is abused by you or by any third party (in which event Astraline shall not otherwise be bound by the conditions of this agreement).

4.6 By Astraline immediately if telephone and or electricity supply ceases to be provided at the property for the provision or the service.

4.7 Astraline shall not be liable for the cost of any telephone or electricity accounts incurred in the use of the unit or for any death, injury, loss or damage arising due to the breakdown of the unit or of the service including (but not exclusively) failure of the equipment, strikes or industrial disputes or for failure for any other reason outside of Astraline’s control of any person to attend the property pursuant to this agreement.

4.8 Astraline shall not be bound by the conditions of this agreement if electricity services enabling provision of the unit are discontinued or otherwise not provided by you.

4.9 This agreement does not confer any legal or equitable right or interest in the unit or in the Centre or in any other equipment of Astraline and the unit and any other equipment shall remain at all times the property of Astraline

4.10 Astraline shall have the right to enter the property to remove the unit upon or after termination of this agreement.

4.11 This agreement is not a hiring agreement to which the Consumer Credit Act 1974 might otherwise apply.

4.12 The expression “The Unit” shall include both the Electronic Alarm Unit and any ancillary equipment.

4.13 Any notice sent by Astraline to you shall duly be served if sent by pre-paid post to the Property or to your last known address, and any notice served by you upon the Trust shall be duly served if sent by pre-paid post to Astraline.

4.14 Astraline reserves the right to assign the duties and benefit of this agreement.

In the case of Astraline terminating this agreement under 4.5 above or suspending this agreement under 4.6 above, you have the right of Appeal against Astraline’s decision. Within 14 days of such decision to terminate or suspend you may write to the Operations Director of Astraline stating why the service should be reinstated.  Within 14 days of receipt of the written appeal, the Customer and Partnership manager shall refer the matter to an independent adjudicator/mediator appointed by Astraline. Both the Client and Astraline shall accept the decision of the independent adjudicator/mediator as final.

4.15 Astraline reserves the right to vary the terms of this agreement on 28 days written notice to you of the proposed variation/s.

5.   Privacy and Confidentiality

5.1 Although Astraline’s staff will take account of the express wishes of the Client, there may be circumstances where to do so would jeopardise the health and safety of the Client. In such circumstances the staff shall make it clear to the Client the action they are going to take and the reasons for overruling the clients expressed wishes.

5.2 The Client agrees to Astraline processing any personal data and any sensitive personal data in order to provide the service. The personal data of the Client’s contacts can also be processed by Astraline.

5.3 The Client agrees that should the need arise; the Client’s personal or sensitive personal data may be shared on a need to know basis with health and social care agencies and the emergency services.

5.4 All calls to the telecare team will be recorded.

5.5 Astraline has a complaints procedure, in order to make a complaint please contact us on 0345 217 0721 or email sales@astraline.co.uk

5.6 Astraline has a Health and Safety Policy, should you wish to see this policy please contact Astraline on 0345 217 0721 or email sales@astraline.co.uk

5.7 You may formally request a copy of your information held on data by contacting the Trust and requesting an application form.

6. Astraline service

6.1 On receipt of an alarm call, if the staff are unable to contact your key holders, through no fault of Astraline, a responder from Astraline will be dispatched to the property. Astraline reserves the right to upgrade you to a 2* service option where a physical response from Astraline is guaranteed, should the key holders be unobtainable on 2 separate occasions.

6.2 In the event of an automatic upgrade as referred to in clause 6.1 you will be liable for the increase in the charge for the 2* service option.

7. Failed visits – In the event of a no response to an emergency visit we may make a forced entry to ensure your health and safety

Astraline Responder Service

24 hour 365 days a year monitoring. On receiving a call for assistance we will contact the emergency services, or if you require non-medical assistance following a fall we will dispatch one of our ‘TEC’ responders to you.

The Conditions are as follows:

1  Subject to the under mentioned conditions:

1.1 Astraline will supply and maintain an electronic alarm unit and telecare sensor(s) (‘The Unit’) at your property (‘The Property’) providing a connection to the Centre for the purpose of contacting by telephone or otherwise, your General Practitioner, your relatives, Social Services, Hospital (if appropriate) o a ‘TEC’ responder.

1.2 Astraline staff shall monitor the unit, which remains the property of Astraline, unless an agreement has been made during your contract to purchase the equipment.

1.3 Astraline has the right to subcontract the delivery of the services at any time with reasonable notification.

2  Astraline shall ensure so far as reasonably practical that the service and its equipment is maintained in proper working order, and in the event of a breakdown in the operation of our telecare team, resulting from failure of the equipment, Astraline shall endeavour to report the same as soon as reasonably practical to the manufacturers or their agents.

2.1 Astraline shall visit you at least annually to ensure that the information held on the database is current and up to date and to re-evaluate your telecare provision.

2.2  Customers are able to request a review of their services at any time

3. You hereby agree with Astraline:

3.1 To ensure provision of all electricity services for the unit at the property and to pay promptly all accounts for electricity to the suppliers of such services.

3.2 To pay Astraline monthly by direct debit for the equipment rental and telecare monitoring service. In addition a one off £50.00 will be charged for the installation, programming and setup of the service.

3.3 To pay Astraline an increase in the payments pursuant to and specified as any notice served by Astraline pursuant to paragraph 4.1 of this contract.

3.4 Not to damage or interfere with the proper working of the unit or permit damage or interference, and to report immediately to Astraline any malfunction or damage to the unit and to be responsible for security of the unit at the property.

3.5 Not to transfer this agreement or the unit to any body or person, nor share use of the unit with any other person without Astraline’s written consent.

3.6 To permit Astraline and its employee’s access to the property at all reasonable times for the purpose of testing, inspecting, maintaining, repairing, removing or renewing the telecare device.

3.7 To maintain an arrangement to facilitate key holder access and to notify Astraline of any planned periods of absence from your home. In addition you have an obligation to update Astraline of any important changes to your personal data.

3.8 To indemnify Astraline from and against all accidents, loss or damage arising by reasons of this agreement and use and operation of the unit, except insofar as caused by an act of default on the part of Astraline.

We recommend you insure the unit against theft, loss, damage or destruction in accordance with the requirements provided by Astralines Customer and product manager and to return the unit to astraline in a good condition on termination of this agreement.

3.9 To test your alarm by pressing your pendant (and sensors) by putting a call through to the call centre during the first 2 weeks of every month.  Failure to test your equipment each month may result in a fault not being identified and the equipment not activating when required in an emergency. If you are concerned that your equipment may be faulty or damaged in any way please press your alarm to contact our telecare team, alternatively you can contact Astraline on 0345 217 0721.

3.10 No liability shall attach to Astraline for the defect or failure in the equipment, in its connection to the telecare team or the contact centres equipment or any delay in carrying out repairs that are beyond Astraline’s control.

3.11 No liability shall be attached to Astraline for any damage to your property in the instance of the equipment detecting fire, flood or gas leaks. No liability shall be attached to Astraline for the failure of the medication dispenser, the verbal medication reminder or the customer omitting to take the medication when prompted.

4. It is further agreed that:

4.1 That the financial changes referred to in clause 3.2 and 3.3 shall remain in force until varied by Astraline with 28 days’ notice at any time, and you shall pay Astraline the said amount specified in the notice with effect from the said date of expiry of such notice.

This agreement may be terminated:

4.2 Within the cooling off period of 21 days from the date of installation.

4.3 By either party by service of 28 days notice in writing upon the other at any time.

4.4 By either party with immediate effect in the event of death or for customers of Peaks & Plains, when ending their tenancy.

4.5 By Astraline immediately if the unit is damaged or the service is abused by you or by any third party (in which event Astraline shall not otherwise be bound by the conditions of this agreement).

4.6 By Astraline immediately if telephone and or electricity supply ceases to be provided at the property for the provision or the service.

4.7 Astraline shall not be liable for the cost of any telephone or electricity accounts incurred in the use of the unit or for any death, injury, loss or damage arising due to the breakdown of the unit or of the service including (but not exclusively) failure of the equipment, strikes or industrial disputes or for failure for any other reason outside of Astralines control of any person to attend the property pursuant to this agreement.

4.8 Astraline shall not be bound by the conditions of this agreement if electricity services enabling provision of the unit are discontinued or otherwise not provided by you.

4.9 This agreement does not confer any legal or equitable right or interest in the unit or in telecare or in any other equipment of Astraline and the unit and any other equipment shall remain at all times the property of Astraline.

4.10 Astraline shall have the right to enter the property to remove the unit upon or after termination of this agreement.

4.11 This agreement is not a hiring agreement to which the Consumer Credit Act 1974 might otherwise apply.

4.12 The expression “The Unit” shall include both the Electronic Alarm Unit and any ancillary equipment.

4.13 Any notice sent by Astraline to you shall duly be served if sent by pre-paid post to the Property or to your last known address, and any notice served by you upon Astraline shall be duly served if sent by pre-paid post Astraline.

4.14 Astraline reserves the right to assign the duties and benefit of this agreement.

In the case of Astraline terminating this agreement under 4.5 above or suspending this agreement under 4.6 above, you have the right of Appeal against Astraline’s decision. Within 14 days of such decision to terminate or suspend you may write to the Operations Director of Astraline stating why the service should be reinstated.  Within 14 days of receipt of the written appeal, the Customer and partnership manager shall refer the matter to an independent adjudicator/mediator appointed by Astraline. Both the Client and Astraline shall accept the decision of the independent adjudicator/mediator as final.

4.15 Astraline reserves the right to vary the terms of this agreement on 28 days written notice to you of the proposed variation/s.

5. Privacy and Confidentiality

5.1 Although Astraline’s staff will take account of the express wishes of the Client, there may be circumstances where to do so would jeopardise the health and safety of the Client.  In such circumstances the staff shall make it clear to the Client the action they are going to take and the reasons for overruling the clients expressed wishes.

5.2 The Client agrees to Astraline processing any personal data and any sensitive personal data in order to provide the service.  The personal data of the Client’s contacts can also be processed by Astraline.

5.3 The Client agrees that should the need arise; the Client’s personal or sensitive personal data may be shared on a need to know basis with health and social care agencies and the emergency services.

5.4 All calls to the telecare team will be recorded.

5.5 Astraline has a complaints procedure, in order to make a complaint please contact us on 0345 217 0721 or email sales@astraline.co.uk

5.6 Astraline has a Health and Safety Policy, should you wish to see this policy please contact us on 0345 217 0721 or email sales@astraline.co.uk

5.7 You may formally request a copy of your information held on data by contacting Astraline and requesting an application form.

6. Failed visits – In the event of a no response to an emergency visit we make make a force entry to ensure your health and safety.

Installation of Keysafe at the property

By accepting these terms and conditions, the customer gives consent for the fixing of equipment to the fabric of a building and that Astraline is not liable for any damage caused by installation.

 

CONSENT FOR FORCED ENTRY IN CASE OF EMERGENCY

1. Further to the agreement of the provision of the Astraline Service contained in this agreement, it is agreed that in the event of an emergency call, Astraline are authorised to gain entry to the property in order to render assistance. However, the cost of securing or repairing the property following forced entry is the liability of the service user. A call shall be deemed as an emergency call if Astraline’s staff is of an opinion that the circumstances are such that entry into the property is necessary as quickly as possible.
2. This consent may be withdrawn at any time by written notice in accordance with this agreement.