By using this website, it is understood that you have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and ““Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company, HB Security Cameras. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to applicable laws and regulations.
Privacy Statement
We are committed to protecting your privacy. Authorized employees within the company only use any information collected from individual customers on a need to know basis. We constantly review our systems and data to ensure the best possible service to our customers. We will investigate any unauthorized actions against our computer systems and data and will take legal action to recover damages against those responsible.
Confidentiality
We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party unless legally required to do so to the appropriate authorities. Clients have the right to request to see or have copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Disclaimer: “Exclusions and Limitations”. The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
- Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature.
- Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Payment
Cash, Personal Check and all major Credit/Debit Cards are all acceptable methods of payment. All goods remain the property of the Company until paid for in full. Payments that remain outstanding by the due date will incur late payment interest rate on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any payments remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court. In such circumstances, you shall be liable for any and all additional administrative and/or court costs. Returned checks will incur a $25 charge to cover banking fees and administrative costs. In an instance of a second returned check, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full. Customer agrees that all amounts unpaid within thirty days after payment is due shall accrue a finance charge of ten percent (10%) per month until paid. HB Security Cameras’ standard hourly rate for Services is $140.00 per hour, with a minimum one-hour charge regardless of actual time spent. After the first hour, Customer will be charged at the standard hourly rate in 15-minute increments, rounded up to the next increment. By way of example only, if an assignment takes 40 minutes, Customer will be charged $140. If that assignment takes 1 hour and 20 minutes, Customer will be charged $210, representing $140 for the first hour, plus $35 for the next 15 minutes, plus $35 rounding up of the remaining 5 minutes to 15 minutes. The Customer shall be required to pay a mandatory restocking fee of 25% for any cancellations made.
Cancellation Policy
Minimum 24 hours’ notice of cancellation required. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a $30 charge to cover any subsequent administrative expenses.
Termination of Agreements and Refunds Policy
Both the Client and the Company have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any payments that have been made that constitute payment in respect of the provision of unused Services, shall be refunded.
Availability
Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service, you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Customer Premises Responsibility
For on-site Product installations or Services at Customer’s premises, HB Security Cameras may require safe access to attics, crawl spaces, electrical boxes, connections, and outlets, and other areas for which access is necessary to install Products or perform Services. Customer agrees that all such access areas shall be properly maintained. Customer shall be solely liable for, and shall indemnify and defend, at Customer’s sole expense, HB Security Cameras from and against, any injuries, death, or other damages sustained by any HB Security Cameras employees, agents, representatives, or contractors at Customer’s site. Customer further agrees that it will be solely responsible at its expense to repair any structures, access holes, and paths, including painting that may have been necessitated by the installation or repair of Products or the provision of Services at Customer’s premises. Customer shall safeguard and protect its own equipment and property. Under no circumstances shall HB Security Cameras be or become liable for loss or damage to Customer’s equipment and property. Customer shall not hinder, obstruct, or distract HB Security Camera’s personnel in the performance of their duties under this Agreement.
Software/Hardware/Backup/Cloud Hosted Solutions
HB Security Cameras will implement any requested or required software solutions for Customer using only commercially developed software. HB Security Cameras does not design or provide custom software.
Indemnity and Hold Harmless
Customer expressly agrees to indemnify and hold harmless HB Security Cameras and its officers, agents and employees and third-party service providers, from and against any suits, losses, claims, demands, liabilities, costs, and expenses (including attorney fees) that they may sustain or incur as a result of any claim (including claims of subrogation) against them based upon negligence, breach of warranty, strict liability, contract, or any other theory of law or equity brought by Customer or third parties arising out of, directly or indirectly, the installation, servicing, or use of any Services or Products provided by HB Security Cameras.
Warranties and Responsibilities
HB Security Cameras warrants its Products and Services as set forth herein.
- Security Camera Systems – HB Security Cameras warrants all components, parts, and installations provided by it for a period of two years from the date of purchase.
- All other Products and Services – HB Security Cameras will repair or replace all defective components, parts, and installations without charge for 14 days from the date of purchase.
- Customer shall make all arrangements to bring equipment to HB Computer’s premises for warranty evaluation and repair. Travel to and from Customer’s location shall only be provided by HB Security Cameras for fixed, off-site equipment installations.
- If Customer requests repair or replacement and no warranty problems are found to exist, or were caused by Customer’s sole actions or errors, Customer will be charged standard hourly rates.
- All material used by HB Security Cameras are of industry standard. Where applicable, HB Security Cameras is certified to provide the requested Services to Customer in the State of California.
Except as may be expressly provided herein, HB Security Cameras disclaims all warranties of any kind, whether expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement concerning Services or Products. Separate manufacturer or other third-party warranties for parts, equipment, and software may be available, and Customer agrees to submit any such claims solely to the manufacturers. HB Security Cameras will not be responsible for any security flaws or exploits in any third-party software or in facilities or connections used or provided by Customer. Customer agrees that HB Security Cameras will not be liable or responsible for any loss, damage, or failure to repair related to, arising from, or as a consequence of defects in Customer’s hardware, e.g. crashed hard drives, or corrupted, damaged, or otherwise unusable software or data. Any material downloaded or otherwise obtained using a third-party service or product is done at Customer’s sole discretion and risk. Customer’s use of any Products or Services is at Customer’s sole risk.
Data Breach
If HB Security Cameras becomes aware of any unauthorized access to any Customer Data or Personal Data by any unauthorized person or third party, or becomes aware of any other security breach relating to Customer Data or Personal Data held or stored by HB Security Cameras, HB Security Cameras will take reasonable steps to notify Customer and cooperate with Customer to prevent, stop, or mitigate such Data Breach at Customer’s expense, and to otherwise comply with applicable laws. HB Security Cameras cannot and does not guarantee or warranty the security of Customer Data or Personal Data, or the prevention of loss of, alteration of, or improper access to, Customer’s account information, Customer Data, or Personal Data.
Limitations of Liability
Neither HB Security Cameras nor its officers, agents, employees, or third party outsourced contractors shall be or become liable for any direct, indirect, incidental, special, consequential, exemplary, punitive, or other damages for loss of profits, loss, damage, or corruption of Customer Data or Personal Data, goodwill, use, business interruption, or other intangible losses, arising or relating in any way to any Services or Products that HB Security Cameras may provide (even if HB Security Cameras has been advised in advance of the possibility of such damages and even if all other releases, waivers, and limitations contained herein are deemed inapplicable or unenforceable). Under no circumstances shall HB Security Cameras be or become liable for any loss or damage contributed to or caused by Customer. Without limiting the foregoing, HB Security Cameras’ liability to Customer, howsoever arising and under any circumstances, shall not exceed the lesser of (i) Customer’s actual damages, (ii) the amount Customer paid to HB Security Cameras for the Product that allegedly caused damage to Customer, (iii) the amount Customer paid to HB Security Cameras for Services within the two months preceding the occurrence of the claim or cause of action that allegedly caused damage to Customer, or (iii) $2,500.00, unless such loss or damage is caused exclusively by HB Security Camera’s gross negligence or intent to harm Customer.
Captions
The titles or headings of the paragraphs or sections of this Agreement are not a part of it and shall have no effect upon the construction or interpretation of any of its terms and conditions. The section headings contained herein are inserted for convenience and shall not affect in any way the meaning or interpretation herein. Defined terms are applicable to both singular and plural forms. All pronouns will be deemed to refer to the masculine, feminine, or neutral, as the identity of the person may require or prefer.
Severability
In the event that any language, term, covenant, promise, paragraph, provision, section, or clause in this Agreement is invalid or unenforceable, the offending language, term, covenant, promise, paragraph, provision, section, or clause shall be stricken and the remaining terms and conditions of this Agreement shall remain in full force and effect.
Log Files
We use IP addresses to evaluate trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Copyright Notice
Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website.
This Company’s logo is a registered trademark of this Company. The brand names and specific services of this Company featured on this web site are trade-marked.
Communication
We have several different e-mail addresses for different queries. These, and other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone number.
Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
General
By accessing this website and using our services/buying our products, you consent to these terms and conditions. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.
Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis. All Customer-prepared work orders, purchase orders, change orders, or similar writings requesting Services and/or Products (collectively “Customer Work Orders”), which are accepted in writing by HB Security Cameras, shall be subject to this Agreement. Any conflict or inconsistency between Customer’s Work Orders and this Agreement shall be resolved solely with reference to this Agreement.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed under the laws of the State of California, without regard to principles of conflict of laws. All suits, actions, or other proceedings arising out of or related to this Agreement shall be brought exclusively in Orange County, California.
These terms and conditions form part of the Agreement between the Client and the Company. Accessing of this website and/or utilizing a service indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
