In these terms and conditions, “Red Button Telecare” means Red Button Telecare Ltd; “the goods” means any item of whatsoever nature or part thereof or service which is to be sold or supplied by Red Button Telecare or its subsidiaries including Red Alert Telecare Ltd; “the Customer” means the person who buys/rents or has agreed to buy/rent the goods.

1. Acceptance of orders

1.1 Red Button Telecare contracts for the supply of goods and/or services only subject to these Conditions and all terms and conditions in the Customer’s order or enquiries inconsistent therewith shall be of no effect.

1.2 The terms and conditions contained herein shall constitute the entire agreement between Red Button Telecare and the Customer and any modification to these Conditions will be binding only if it is evidenced in writing signed on behalf of Red Button Telecare and such evidence contains a specific reference to these Conditions being modified.

1.3 No contract governed by these Conditions shall be a sale by sample unless Red Button Telecare expressly agrees in writing.

2. Description of Service & Contract Period

2.1 Red Button Telecare provide via this agreement a range of personal safety alarm monitoring services which can operate 24hrs a day, 365 days a year to respond to alarms raised by the customer using the supplied personal safety alarm equipment as detailed below:

For Lifeline Alarm Packages:

2.2 Red Button Telecare supply to the Customer, on a rental basis and for the Customers exclusive use, a personal alarm monitoring package consisting of (but not limited to): a) A personal alarm base unit b) A pendant alarm unit or similar c) Other monitoring equipment as per the relevant customer order form d) Sim cards stored internally within digital compatible devices or GPS devices. This may be offered with a monitoring solution outlined above from Red Button Telecare’s designated monitoring partner.

2.3 The contract period on the lifeline alarm equipment and monitoring shall be on either a quarter to quarter or an annual (i.e, 12 months) basis and shall start from the date of Customer Order or from the date of dispatch to the customer of the lifeline alarm equipment. 2.3.1 The Administration/Set Up fee of £45 is non-refundable, after the initial 14 day cooling off period. The cooling off period commences from the date of delivery. 2.3.2 Failure to return all equipment in a satisfactory condition will result in a charge to the customer of the full retail price of the equipment. 2.3.3 Following the satisfactory return of all equipment and the payment of any due charges Red Button Telecare will calculate any refund due to the customer relating to unused Lifeline Monitoring Fees already paid. Charges may apply in relation to the use of your landline.

2.4 At the end of the contract period this agreement shall remain in force on a month to month or annual basis (dependant on which package/service the customer choses) under the whole of the terms and conditions contained within this agreement.

2.5 A £15 administration fee will be chargeable if the customer chooses to change their plan.

2.6 In the event of a customer upgrading or downgrading to an alternative plan, the difference will either be deducted from the next bill or an increase levied on the date of switchover. 2.6.1 The Subscription Charge for the 24/7 monitoring service shall be payable in monthly instalments each quarter from the initial purchase/rental date. If on an Annual plan, then additional payment will be made at the time of upgrade/downgrade. Payment shall be via recurring direct debit, debit or credit card payment. It is the responsibility of the customer to ensure that Red Button Telecare are in receipt of valid payment card details at all times.

3. Payment

3.1 The time of payment shall be of the essence of any contract to which these Conditions apply and unless otherwise expressly stated payment shall be due on the date of purchase/rental start. The rental charges shall be payable either annually in advance or quarterly in advance according to the order schedule and will be collected via direct debit from the customers nominated bank account.

3.2 The Customer shall not be entitled to make a deduction from any payment due to Red Button Telecare in respect of any set-off or counterclaim unless both the validity and the amount thereof have been expressly admitted in writing by Red Button Telecare.

3.3 Red Button Telecare reserves the right to review options available to customers, including price plans, from time to time. Customers will be given a minimum of 30 days’ notice of any price changes.

3.4 Any discounts or special offers/codes, that are applied to any plan at the point of purchase/rental are valid for the initial 12 months only. Subsequent annual renewals will revert to the Red Button Telecare’s standard pricing. Only one valid offer code can be used per customer purchase/rental at a time.

3.5 Any additional items that are either purchased outright or provided free of charge as part of a special offer are supplied with a standard 12-month warranty. In the event of The Customer requesting a replacement for such items that have been lost, damaged or are faulty when outside the warranty term, standard retail prices will apply.

4. Transfer of property

4.1 Unless purchased outright, the goods shall remain the sole and absolute property of Red Button Telecare as legal and beneficial owner and Red Button Telecare reserves the right to charge for the goods until such time as payment in full (agreed) for all the goods, the subject of a contract to which these Conditions apply, together with the full price of any other goods, the subject of any other contract with Red Button Telecare, has been received by Red Button Telecare. If such payment is overdue in whole or in part, Red Button Telecare or their agent, may (without prejudice to any part of its other rights) recover or resell the goods or any of them and may peaceably enter upon the Customer’s premises where they are or where they are reasonably thought to be stored for the purpose of repossessing the same. 4.1.1 All equipment rented to the customer for the duration of the contract remains the property of Red Button Telecare until such time as the customer purchases the items by written agreement.

4.2 Until such time as the Customer becomes the legal and beneficial owner of goods, the Customer will store them and will procure that they are stored separately from its own goods or those of any other person and shall not remove any labelling or markings that identify goods as the property of RBT’

4.3 Each sub-clause of this Clause 4 is separate, severable and distinct and, accordingly, in the event of any of them being for any reason whatsoever unenforceable according to its terms, the others shall remain in full force and effect.

5. Risk and insurance

5.1 Subject as hereinafter provided, the goods are at the Customer’s sole risk (and the Customer shall be under a duty to insure the goods to their full value) from the occurrence of the first point in time of any of the following events: (1) the passing of property to the Customer as provided for in Condition 5 of these Conditions; or (2) the physical delivery of the goods to the Customer’s address by Red Button Telecare

5.2 Red Button Telecare will be under no obligation to affect insurance of the goods once risk has passed to the Customer.

5.3 Any cost for replacing equipment damaged by storms and other adverse weather conditions must be met by the Customer. The cost of replacement equipment can normally be claimed from home contents insurance policies.

5.4 Whilst the goods are in the possession of the Customer and before property in the goods has passed to the Customer, the Customer shall keep the goods properly maintained in the same condition as that in which they were delivered and shall make good any damage or deterioration. The Customer shall be entitled to install goods in their possession in accordance with Red Button Telecare’s installation instructions or manuals.

6. Delivery

6.1 Orders will be delivered as soon as reasonably practicable and Red Button Telecare reserves the right to deliver by instalments in such quantities as Red Button Telecare is able to reasonably achieve.

6.2 Where delivery of the goods is made in instalments, each instalment shall be construed as constituting a separate contract to which all the provisions of the Conditions shall (with any necessary alterations) apply. The commencement date of the quarterly or annual payment cycle will be from the date of the last delivery instalment.

6.3 In the event of any failure to make delivery or delay in delivery, the Customer shall have no claim whatsoever against Red Button Telecare for any direct or indirect or consequential loss or damage of any kind.

6.4 Without prejudice to any rights of Red Button Telecare hereunder, if the Customer shall fail to give on or before the time Red Button Telecare is ready to deliver the goods, all instructions reasonably required by Red Button Telecare and all necessary documents, licenses, consents and authorities for forwarding the goods or shall otherwise cause or request delay, the Customer shall pay to Red Button Telecare all reasonable storage and other costs of whatever nature incurred or arising from such delay.

6.5 The Customer must inform Red Button Telecare within fourteen days of any goods which are delivered in a damaged state or of any shortfall in any delivery. Deviations in quantity of goods delivered from those stated in any contracts to which these Conditions apply shall not give rise to a right to reject on the part of the Customer and the Customer shall have no right to claim for damages for breach of contract, but the Customer will only be obliged to pay at the contract rate for the quantity of the goods delivered.

7. Limitation of liability

7.1 Red Button Telecare warrants that it will (at Red Button Telecare’s choice) repair or replace, or refund the full rental/purchase price of any goods which are accepted by Red Button Telecare as being defective or not in accordance with the Contract or any express description or representation given or made by or on behalf of Red Button Telecare in respect of the goods within a period of 12 months from dispatch of such goods from Red Button Telecare’s works (“Warranty Period”). This warranty shall not apply where the defect or fault is attributable to defective materials supplied by third parties where the Customer’s only remedy will be against that third party.

In respect of services, if Red Button Telecare accepts within the Warranty Period that it has failed to execute the services in accordance with the express terms of the Contract, Red Button Telecare may, at its option, perform again such of the services as have not been carried out in accordance with the express terms of the Contract or repay the Customer the charge for such of the services as have not been so performed (provided such charge shall have been paid to Red Button Telecare by the Customer).

The Customer’s remedies in respect of any claim under the foregoing express warranty or any condition or warranty implied by law or any other claim in respect of the goods or services or any workmanship in relation to them (whether or not involving negligence on the part of Red Button Telecare) shall, in all cases, be limited to repair, replacement or refund of the rental/purchase price as aforesaid and any condition or warranty implied by law shall cease to apply after the expiry of the Warranty Period; and Red Button Telecare shall not in any circumstances be liable for damages, compensation, costs, expenses, losses or other liabilities, whether direct or consequential, and any other remedy which would otherwise be available in law is hereby excluded except to the extent that such exclusion is prohibited by any rule of law. A claim in respect of any defect or failure to comply with the specification or in respect of any delivery or instalment or any part of it shall not entitle the Customer to cancel or refuse delivery of or payment for any other delivery or instalment or any part of the same, delivery or instalment.

7.2 Red Button Telecare accepts no liability in respect of any defect in or failure or malfunction of any goods or services supplied for any loss, injury or damage attributable, directly or indirectly thereto where such is caused in whole or in part by: (1) the repair, adjustment and/or alteration of the goods supplied by anyone other than Red Button Telecare without prior written consent of Red Button Telecare; or (2) the installation, maintenance and/or operation of the goods supplied otherwise than in strict accordance with the instructions accompanying the same; or (3) the use of any equipment in conjunction with the goods supplied where such equipment is manufactured by some person other than Red Button Telecare.

7.3 The Customer shall not be entitled to rely on any oral statement or representations made by Red Button Telecare or by Red Button Telecare’s employees, agents or servants and the Customer acknowledges that it will only rely on written data and specifications supplied by Red Button Telecare.

7.4 Except as provided in 7.1 and 7.2 above, all representations, guarantees, undertakings, conditions or warranties, expressed or implied, statutory or otherwise in relation to the goods are hereby expressly excluded, provided always that the statutory rights of the Customer, in the case of a consumer sale, shall remain in full force and effect.

7.5 Any self-installed equipment is done so at the sole liability of the customer and as such the customer will indemnify Red Button Telecare from any damages and/or costs incurred to third party equipment etc. If Red Button Telecare ltd equipment becomes damaged, broken, lost or defective during the self-install process, the customer will be liable to pay for replacement equipment and any repairs/losses incurred to the originals supplied.

7.6 Any Keysafe or similar, provided by Red Button Telecare, that are self-installed should be done so by following all instructions for installation thoroughly and any damage, loss or defect incurred by the installation by a third party, shall be the responsibility of the customer alone. Any replacement equipment, or recompense for damage during this process will be the customers to bare.

8. Indemnity

The Customer shall comply with all instructions of Red Button Telecare, or any other manufacturer in relation to the fitting, installation, service and use of the goods and, notwithstanding such compliance, the Customer shall keep Red Button Telecare fully and effectually indemnified against all costs, claims, demands, expenses and liabilities of whatsoever nature and wheresoever arising, including, without prejudice to the generality of the foregoing, claims for damage to property and consequential loss (including loss of profit) which may be made against Red Button Telecare or which Red Button Telecare may sustain, pay or incur arising out of or in connection with the supply, fitting, installation or use of the goods.

9. Force majeure

If Red Button Telecare is prevented from fulfilling any order or contract within a reasonable time by reason of any cause beyond its reasonable control including, without prejudice to the generality of the foregoing: war, threat of war, riots, civil commotion, act of God, government, terrorist activities, strikes, lockouts, industrial action, accident, pandemic, technical problems with transportation, natural disaster, storm, flood, fire earthquake, delay in delivery to Red Button Telecare of any goods or material or interruption of transport it shall be under no liability to the Customer and shall be entitled at its option (to be notified in writing to the Customer) either to cancel any contract to which these Conditions apply or, without any liability, to extend the time or times for delivery or otherwise performing such contract by a period at least equivalent to that during which such delivery or performance has been extended by any of the restrictions hereinbefore referred to.

10.Returns

10.1 Service Issues: If the customer experiences a fault with any of the equipment supplied by Red Button Telecare, it is their responsibility to inform Red Button Telecare in a timely manner (where possible this can be done via the monitoring centre by activating the alarm) or by calling the company. Red Button Telecare will, where possible, attempt remote triage, in the first instance, but may send out a pre-addressed, pre-paid envelope for a ‘jiffy’ package for the return of the faulty equipment – replacement equipment will be sent out at the same time – it is the customers responsibility for the returns to be posted immediately and safely (it is always suggested that where possible picture evidence is taken to prove postage). If the returns do not arrive, the customer may be liable for the full cost of the equipment.

10.2 End of Contract returns: After agreed cessation of the contract, the equipment should be returned in the provided pre-labelled, pre-paid jiffy package. Equipment should be undamaged, working and free from dirt/odours. It is the customers responsibility for the returns to be posted immediately and safely (it is always suggested that where possible picture evidence is taken to prove postage). If the returns do not arrive, the customer may be liable for the full cost of the equipment.

11.Termination

11.1 Red Button Telecare reserves the right to determine this agreement forthwith at any time on seven days’ notice in writing and Red Button Telecare shall not be obliged to give any reason for determining this agreement in this manner.

11.2 Without prejudice to Clause 11.1 Red Button Telecare may determine this agreement forthwith if the Customer: (1) has made any material misstatement in the particulars supplied to Red Button Telecare from time to time; or (2) fails to pay any sums payable under this agreement (or under any other agreement between Red Button Telecare and the Customer) in full within 14 days after such sums have become due (whether demanded or not); (3) commits a material breach of any of the other terms or conditions (whether express or implied) of this agreement (or of the terms and conditions of any other agreement previously mentioned); or (4) if any distress, execution, or other legal process is levied on or against the goods or any part of the goods, or against any premises where the goods is, or against any of the Customer’s goods or other property, or the Customer permits any judgment against it to remain unsatisfied for seven days; or (5) if the Customer, being an individual, dies, suffers an interim order (within the meaning of the Insolvency Act) to be made against them or enters into a voluntary arrangement or suffers the making of a statutory demand or the presentation of a petition for a bankruptcy order; or (6) if the Customer, being a body corporate, enters into any liquidation, calls any meeting of its creditors, or has a receiver or administrative receiver appointed of all or any of its undertaking or assets, or suffers the appointment or the presentation of a petition for the appointment of an administrator under the provisions of part II of the Insolvency Act, or is deemed by virtue of section 123 of the Insolvency Act to be unable to pay its debts

11.3 The Customer may cancel this service agreement at any time giving not less than 1 months notice in writing to Red Button Telecare. The customer will have to pay to Red Button Telecare all charges due to the end of the minimum contract period. (7) being an individual suffers from mental disorder and either: (a) the Customer is admitted to hospital in pursuance of an application for admission for treatment under the Mental Health Act 1983 or, in Scotland, an application for admission under the Mental Health (Scotland) Act 1960; or (b) an order is made by a court having jurisdiction (whether in the United Kingdom or elsewhere) in matters concerning mental disorder for the Customer’s detention or for the appointment of a receiver, curator bonus or other person to exercise power with respect to the Customer’s property or affairs; or (8) dies.

11.4 In the event The Customer cancels an annual plan within the initial 12 month period any refund due will be calculated on a pro rata basis. Any promotional discounts for the initial period are based on a comparison to a monthly plan and any such refunds will be based on the discounted rate.

11.5 The initial set-up fee is non-refundable on all packages

11.6 Any agreed refunds will only be paid after the safe receipt by Red Button Telecare of all the rental equipment, in good working order. Any part returns, will have the missing equipment deducted from any refund.

12. Assignment and subcontractors

12.1 The Customer or the Company shall not assign or transfer or purport to assign or transfer any contract to which these Conditions apply or the benefit thereof to any person whatsoever.

12.2 Red Button Telecare shall be entitled to subcontract any work relating to the contract without obtaining the consent of, or giving notice to, the Customer.

13. Law

Any contract to which these Conditions apply shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.

14. Headings

The heading shall not affect the meaning or interpretation of these Conditions.

15. Consumer sales

Nothing in these Conditions shall affect the statutory rights of any person dealing with Red Button Telecare as a consumer.

16. Software license

All material comprising Red Button Telecare software, its associated manuals and other written materials, will be subject to the Red Button Telecare Telecom License Agreement. A copy of this agreement will be sent with these terms and conditions, if appropriate.

17. Health and safety

17.1 The Customer agrees to pay due regard to any information or any revised information whenever supplied by Red Button Telecare (and is deemed to have been given adequate information and to have read and understood it) relating to the use for which the goods are designed or have been tested or concerning conditions necessary to ensure that they will be safe and without risk to health at all times when they are being set, used, cleaned or maintained by any person at work or when they are being dismantled or disposed of, and the Company undertakes to take such steps as may be specified by the above information to ensure that, as far as reasonably practicable, the goods will be safe and without risk to health at all times as mentioned above. For these purposes, the Company is deemed to have been given a reasonable opportunity to test and examine the goods before delivery.

17.2 Where the Equipment is classified as a medical device (which shall be notified to the Customer prior to delivery of the Equipment) the Customer agrees to maintain a system of records satisfactory to the Company for the purpose of identifying such Equipment and which will ensure that all such Equipment can be located or traced at all times and the Customer will produce such records to the Company on demand.

18. Notices

18.1 Any notice or other communication to be given under these conditions must be in writing and may be delivered or sent by prepaid first class letter post, facsimile or email.

18.2 Any notice or document shall be deemed served: if delivered, at the time of delivery; if posted, 48 hours after posting; if sent by facsimile or email, at the time of transmission.

19. Invalidity

The invalidity, illegibility or unenforceability of any provision of these conditions should not affect the other conditions.

20. Third party rights

A person who is not party to this agreement shall have no right under the Contracts (Right of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.

21. Special offer conditions

21.1 Red Button Telecare will not be liable to replace a device that has come to the end of its life, if that device was as obtained via a ‘free extra device’ offer. Unlike the rest of the equipment that is leased/rented via our online packages & associated extras, the ‘free extra device’ is not a part of the rental agreement with us, and therefore it will not be maintained by Red Button Telecare. If a ‘free extra pendant’ does come to the end of its life, a replacement can be purchased for an agreed price by giving us a call.

21.2 Please note that a discount code and special offer code can only be used once per order.