Customer Terms of Service

Progress Lifeline is dedicated to putting customers at the heart of our business, please read our standards and the terms of agreement.

These service standards apply to a range of services provided by Progress Lifeline, these may not all be applicable to you at the time you take your initial service.

Service standards - our commitment to you

 Terms of the agreement

1        Definitions and Interpretation

1.1      In this agreement the following words have the following meanings:

Agreement means this agreement

Alarm Activation means a call received by Our Alarm Response Centre from Your Progress Lifeline equipment;

Alarm Response Centre the centre which We will operate, and which will receive any Alarm Activations

Conditions these terms and conditions as amended from time to time in accordance with clause 20.

Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended and the guidance and codes of practice issued by the Information Commissioner or other relevant regulatory authority and applicable to a party

Designated Key Holder/Contacts means the people You have notified to Us who have a key to Your home and who can attend in the event of an emergency/Alarm Activation

Emergency Home Response Service means an Emergency Home Responder visiting your home following an alarm activation;

Equipment refers to any device provided as part of your Progress Lifeline Service which You will hire from Us under the Hire Agreement

Hire Agreement the agreement for the hire of the Equipment which will commence on the same date as this Agreement and relates to the Progress Lifeline Service you require;

Intellectual Property Rights patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

KeySafe means a KeySafe which you may choose to purchase from Us and to be installed by Us outside Your home and used for the safe storage of the key to Your home

Progress Lifeline Service the service provided to You by Us using the Equipment also known as the Services and set out in the Services Specification;

Services Specification: the services you will receive as agreed between You and Us as set out in Schedule 1 to this Agreement;

UK GDPR: has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018; 

You means You as the hirer party to this agreement and also any third-party representative You have elected on the third-party authorisation form completed by You and Your will mean the same;

We means Progress Housing Association Ltd trading as Progress Lifeline as the owner of the Equipment and Us and Our will mean the same.

1.2      Interpretation:

• A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
• A reference to a party includes its successors and permitted assigns.
• A reference to legislation or a legislative provision is a reference to it as amended or re-enacted. A reference to legislation or a legislative provision includes all subordinate legislation made under that legislation or legislative provision.
• Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
• A reference to writing or written does not include fax and email.

2        Term

This Agreement starts from the date of the Hire Agreement (‘Commencement Date’) and shall continue for a period of at least three months from the Commencement Date until this agreement is terminated earlier in accordance with its terms.

The Hire Agreement will be entered into at the same time as this Agreement and will terminate or expire on the same date as this Agreement. This Agreement will terminate automatically if the Hire Agreement comes to an end and vice versa.

3        Our obligations to You

3.1      We will provide the Services to You in all material respects and warrant that the Services will be provided using reasonable care and skill.

3.2     We warrant that any Equipment provided to You by Us will be of satisfactory quality and fit for the intended purpose at the time of installation and that the obligations of the Alarm Response Centre will be carried out with reasonable care and skill.

 

3.3      We will monitor, maintain and carry out fair wear and tear repairs to the Equipment whilst           this agreement continues for as long as We own the Equipment. Any repairs or replacements arising from negligence or misuse by You may be charged for at the cost of carrying out repairs, replacement and or maintenance.        

 

3.4      We have fully documented health, safety and security policies. If You have any health, safety or security concerns please contact us as soon as possible.  

 

3.5      The Supplier reserves the right to amend the Service Specification if necessary to comply            with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and the Supplier shall notify the Customer in any such event.

 

 4       Your Obligations

4.1      You shall:

• Sign and enter into the Hire Agreement with Us on the same date as this Agreement in relation to the hire of the Equipment
• Ensure that only You use the Equipment;
• Keep Us informed of any changes such as, changes in Designated Key Holder information;
• Notify the Alarm Response Centre of any planned absences or time away from Your property;
• Notify Us in advance if You intend to move home
• Notify the Alarm Response Centre if you change Your telephone/internet service provider
• Notify the Alarm Response Centre if you change Your telephone provider and as a result change from a traditional line to a digital line via a Wi-Fi router
• Notify the Alarm Response Centre of any changes to Your medical details including, but not limited to, contact details of Your doctor
• Keep Us informed of any changes to the method of access to Your home;
• Notify Us promptly of any damage or defect with the Equipment
• Look after the Equipment including, but not limited to, keeping it free from any damage (other than fair wear and tear) and not tampering with it.
• Use the Equipment in accordance with any instructions issued by Us including how to charge Equipment;
• Test the Equipment by activating a call to the Alarm Response Centre each month;
• Pay the rental amount for the Equipment as set out in the Hire Agreement
• Return the Equipment to Us in good condition and at Your cost within 14 days of notification to terminate the Service or if the Services come to an end.
• Not use any additional accessory/accessories with the Equipment unless We have given You written consent to do so;
• Where Equipment requires mains power ensure it is plugged into the mains power and telephone/internet socket at all times;
• Cooperate with Us in all matters relating to the Equipment and the Services;
• Provide Us with such information and materials as We may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
• Not dispose of the Equipment other than in accordance with Our written instructions or authorisation

4.2       If Our performance of any of our obligations under this Agreement is prevented or delayed by any act or omission by You or failure by You to perform any relevant obligation (Default):

• without limiting or affecting any other right or remedy available to it, We shall have the right to suspend performance of the Services until You remedy the Default, and to rely on the Default to relieve Us from the performance of any of Our obligations in each case to the extent the Default prevents or delays Our performance of any of Our obligations;
• we shall not be liable for any costs or losses sustained or incurred by You arising directly or indirectly from Our failure or delay to perform any of its obligations as set out in this clause 2; and
• you shall reimburse Us on written demand for any costs or losses sustained or incurred by the Us arising directly or indirectly from the Default.

 

5        Charges and Payments

 

5.1      The price for the Equipment shall be the price set out in the Hire Agreement and shall be exclusive of all costs and charges of packaging, insurance and transport of the Equipment which shall be invoiced to You

 

6        Intellectual Property Rights

6.1       All Intellectual Property Rights in or arising out of or in connection with the Services (other than Intellectual Property Rights in any materials provided by the You shall be owned by the Us.

6.2      We grant to You or shall procure the direct grant to the Your of, a fully paid-up, worldwide, non-exclusive, royalty-free perpetual and irrevocable) for the purpose of receiving and using the Services.

6.3      You shall not sub-license, assign or otherwise transfer the rights granted by clause 6.2

6.4      You grant to Us a fully paid-up, non-exclusive, royalty-free non-transferable licence to copy and modify any materials provided by You to Us for the term of this Agreement for the purpose of providing the Services to You.

           

7        Data protection

7.1      The following definitions apply in this clause 7:

• Controller, Processor, Data Subject, Personal Data, Personal Data Breach, processing and appropriate technical and organisational measures: as defined in the Data Protection Legislation.
• Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (UK GDPR); the Data Protection Act 2018 (and regulations made thereunder) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended and the guidance and codes of practice issued by the Information Commissioner or other relevant regulatory authority and applicable to a party.
• Domestic Law: the law of the United Kingdom or a part of the United Kingdom.

7.2      Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 7 is in addition to, and does not relieve, remove or replace, a party's obligations or rights under the Data Protection Legislation.

7.3      Without prejudice to the generality of clause 7.2, We shall, in relation to any Personal Data processed in connection with the performance by Us of our obligations under the Contract:

• ensure that We have in place appropriate technical and organisational measure, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
• ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
• not transfer any Personal Data outside of the UK unless Your prior written consent has been obtained
• notify You without undue delay on becoming aware of a Personal Data Breach;
• at Your written direction, delete or return Personal Data and copies thereof to You on termination of the Contract unless required by Domestic Law to store the Personal Data; and
• maintain complete and accurate records and information to demonstrate Our compliance with this clause 7.

 

7.4      Your data will be processed for the following purposes and legal basis:

 

• with your given consent to the process below, Your understanding that consent enables the related processing to take place and that Your consent can be withdrawn at any time. Removal of consent will result in us not being able to provide the related services to you.
• the processing is for the legitimate interests of the organisation, namely, to provide Your Progress Lifeline Service and will not override Your interest, rights or freedoms.

7.5      We also collect ‘Special Categories of Personal Data’ about you, namely medical            and health information which will be used to provide You the assistance You require in            an emergency. 

7.6      Your information will be held for the lifetime of our relationship with you, in connection   with the above processing.

7.7    Your data will potentially be shared with the following people, organisation or bodies.             This falls under the processing reasons and stated above, facilitating certain processing            we cannot carry out ourselves or under legal obligation:

• Your Doctor
• Fire Service
• Ambulance Service
• Police
• Support services such as (but not limited to) falls services, care agencies, social worker

8        Confidentiality

8.1      Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party or of any member of the group of companies to which the other party belongs, except as permitted by clause 8.2.

8.2      Each party may disclose the other party's confidential information:

(a) to its employees, officers, representatives, contractors or subcontracts or advisers who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under or in connection with this Agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party's confidential information comply with this clause 8; and

(b)    as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

8.3      No party shall use any other party's confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this Agreement.

 

9        Limitation of Liability

9.1      We will not be responsible for:

(a)    any delay or failure to perform Our obligations if that delay or failure is caused by            circumstances beyond Our reasonable control, including but not limited to incorrectly installed equipment;

 

(b)  maintaining or monitoring Your telephone line, changes to Your telephone provider or their service to You, Your internet service or the power supply to the Equipment;

 

(c)     any losses to any connection You suffer as a result of You failing to install your equipment correctly or to notify Us of any additional Equipment connected to your telephone line;

 

(d)    any changes to Your telephone provider, internet service or transfer from analogue to a digital service

 

(e)    any losses You suffer as a result of Your failing to test the Equipment in accordance with Your responsibilities as stated in this Agreement;

 

(f)     any defect or failure in the connection to the Alarm Response Centre or for any act or omission or decision of Our servants or agents;

 

(g)    any losses You suffer arising out of Our failure to comply and fulfil Our obligations in this agreement and/or the Equipment exceeding £5,000,000.00;

 

(h)    any damage caused by a member of the emergency services or other third party in relation to a forced entry to Your home where We consider this necessary for Your safety and We have been unable to access Your home with a Designated Key Holder;

 

(i)     loss or failure of the Service due to the Equipment being damaged by you or a third party and  

 

(j)     connection problems where Your Equipment requires a SIM card, poor/no mobile signal or for the Equipment not working when you have not charged it.   

 

9.2      Nothing in this Agreement limits any liability which cannot legally be limited, including liability for:

• death or personal injury caused by negligence;

 

• fraud or fraudulent misrepresentation;

 

• breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and

 

• defective products under the Consumer Protection Act 1987.

 

10      Payment Methods

10.1   An Annual Statement of Account will be sent to you detailing your monthly costs for the Service.

 

10.2    The payments which You must make for the Equipment are contained in the Hire Agreement.

 

10.3    Payments for the Services are to be made by Direct Debit. 

 

11      Termination

11.1    Either You or We may terminate the Agreement at any time giving notice in writing.

This right to terminate is in addition to Your statutory rights and where you notify us that You wish to cancel your service within the 14 days cooling off period (which commences from the day after Your order for the Equipment and/or the Services), we will refund all costs minus our packaging and administration charge.

 

11.2     If You persistently fail to pay the charges due to Us under the Hire Agreement, We may

 terminate this Agreement by immediate notice in writing.

 

11.3      When this Agreement terminates Equipment must be returned to Us at your expense within      14 days.  Equipment must be returned to Us at Lifeline Returns, Progress Lifeline, Sumner

           House, 21 King Street, Leyland, PR25 2LW. Should Equipment not be returned within 14  

          days following the receipt of the written notice, we reserve the right to charge you for the

full cost of replacing the Equipment.

 

11.4.   Your contract will commence the day after you place your order. If you cancel this agreement after the cooling off period of 14 days BUT within the initial 3-month contract period, no refund will be made to You. 

 

11.5    If you cancel this agreement after the initial 3 months contract period 1 months’ notice will be required in writing.  ALL Equipment must be returned to Us at Lifeline Returns, Progress Lifeline, Sumner House, 21 King Street, Leyland, PR25 2LW. Should Equipment not be returned within 14 days following the giving of notice, we reserve the right to charge you for the full cost of replacing this equipment.

 

12      Consequences of Termination

On termination of the Contract:

 

12.1    You shall immediately pay to Us all of Our outstanding unpaid invoices and interest and, in respect of Services and Equipment supplied but for which no invoice has been submitted, We shall submit an invoice, which shall be payable by You immediately on receipt;

 

12.2    You shall return all the Equipment which has not been fully paid for. If You fail to do so, then We may enter Your premises and take possession of them. Until they have been returned, You shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Agreement.

 

12.3    Termination or expiry of this Agreement shall not affect any rights, remedies, obligations and liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.

 

12.4    Any provision of the Agreement that expressly or by implication is intended to have effect after termination shall continue in full force and effect.

 

• Assignment and other dealings

13.1    We may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under this Agreement.

 

13.2    You shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under this Agreement without the prior written consent of the Supplier.

 

• Notices

14.1    Any notice given to a party under or in connection with the Contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case).

 

14.2    Any notice shall be deemed to have been received:

• if delivered by hand, at the time the notice is left at the proper address; or

(b)    if sent by pre-paid first-class post or other next working day delivery service, at    9.00 am on the second Business Day after posting.

 

14.3    This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

 

•     Severance

If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract. If any provision or part provision of the Contract is deemed deleted under this clause 15 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the commercial result of the original provision.

 

•     Waiver

No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

 

•     No partnership or agency

 

Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, or authorise either party to make or enter into any commitments for or on behalf of the other party.

 

•     Entire agreement

 

18.1    The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

 

18.2    Each party acknowledges that in entering the Contract it does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Contract.

 

18.3    Nothing in this clause shall limit or exclude any liability for fraud.

 

•     Third party rights

 

• Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

 

•     Variation

 

Except as set out in these Conditions, no variation of the Contract shall be effective unless it is agreed in writing and signed by the parties (or their authorised representatives).

 

•     Governing law

 

The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

 

•     Jurisdiction

 

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.

 

 

 

 

 

 

 

 

 

 

Schedule 1 – Services Specification

 

1. To operate the Alarm Response Centre, and ensure all reasonable efforts are made to respond to any Alarm Activations and that any such response is done so in a manner judged by Us to be the most appropriate in the circumstances;
2. To provide the Emergency Response Service

3. To provide the Emergency Response Service
4. Maintain audited compliance with the Telecare Services Association’s (TSA) ‘Quality Standards Framework’
5. Aim to answer 97.5% of calls from the customer to the Alarm Response Centre within one minute and 99% of all calls within three minutes
6. Answer all customer calls in a professional, caring and courteous manner using fully trained staff
7. Check your personal details periodically so that we can provide the best service possible to meet your needs ensuring any changes to the information we hold about you and your contacts is updated on our systems within 24 hours of you telling us
8. Action critical fault(s) reported with equipment supplied by Progress Lifeline within 24 hours. Critical faults are where user safety is compromised, this may include your pendant not working. These faults are dealt with by replacing the equipment or fixing the fault
9. Carry out regular customer surveys to monitor the quality of our service and make improvements as necessary
10. Carry out monthly quality checks of our call handling for all Alarm Response Centre Operators
11. Treat you and your named contacts with respect at all times
12. Ensure calls to the Alarm Response Centre are recorded for quality and training purposes
13. On receipt of an Alarm Activation We will:

• take the most appropriate action (taking into account the immediate circumstances of the Alarm Activation) determined by Us and in accordance with the Alarm Response Centre’s usual procedures;
• if required, arrange for a Designated Key Holder to attend for any Alarm Activation requiring an on-site response
• contact the relevant emergency service on your behalf for Alarm Activation We consider requires medical or specialist support
• treat all information which We receive concerning You in the strictest confidence. In an emergency only required information will be provided by Us to ensure You receive the most appropriate response. All information is processed in line with Data Protection Legislation, including the Data Protection Act and Your personal information will be stored at the Alarm Response Centre;
• electronically record any Alarm Activation received including date and time in line with our TSA accreditation;
• operate an appropriately staffed Alarm Response Centre 24 hours a day, 365 days a year.

 

Progress Lifeline is part of Progress Housing Association Limited, a charitable registered society under the Co-operative and Community Benefit Societies Act 2014 and is registered with the Financial Conduct Authority No 27792R and with the Regulator of Social Housing LH4032. VAT registration number: 712 6635 46 Registered office: Sumner House, 21 King Street, Leyland, Lancashire PR25 2LW.