Please read these terms and conditions carefully.
1. Our Terms
1.1 What these terms cover. These are the terms upon which you are allowed to use any of the ERA Protect products or our smartphone app together with the terms upon which we supply services to you.
1.2 These terms do not cover the sale of our products. Those terms can be found here.
1.3 These terms do not cover access to our website. Those terms can be found here.
1.5 Why you should read them. Please read these terms carefully. These terms tell you who we are, and how we will deal with you following your purchase of our products. These terms will also apply should you wish to set up a subscription account with us.
1.6 Changes to these terms. If we need to change our terms, we will update them on our website and via the smartphone app. Please do your best to review them regularly as your use of the products, the services or the smartphone app will be subject to these terms.
2. Information about us and how to contact us
2.1 Who we are. We are ERA Home Security Limited (trading as “Response Electronics”) a company registered in England and Wales. Our company registration number is 02838541 and our registered office is at 29 Queens Anne Gate, London SW1H 9BU.
2.2 How to contact us. You can contact us by telephoning our customer support team on 0345 257 2500 or by emailing us at email@example.com. You may also write to us at ERA Home Security Limited, Valiant Way, Wolverhampton, West Midlands WV9 5GB.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us when you either ordered the products from us or registered the products with us.
2.4 "writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 Acceptance of our terms. You will accept these terms when you click “I agree” when either registering to use any of our products, or when you order any service from us. When we contact you to acknowledge your registration, or to accept your order for any service, a contract will come into existence between you and us.
3.2 These terms only apply to services to customers in the UK and EIRE. As we cannot guarantee that the products and their related services will operate in the same way outside of the UK and Eire as they do within the UK and Eire, these terms and conditions, our products and their related services do not apply outside of the UK and Eire. If you live outside the UK and Eire and wish to check whether we have approved the products and related services for sale and use in your country, please refer to our website for more information. You should also refer to the terms of service relevant to your country.
4. Our products
4.1 The Products: Our family of products are known as ERA Protect and consist of various cloud based smart alarm systems and smart digital camera solutions which can be installed either within or outside your premises, together with our cloud based server and smartphone application which enables you to access your alarm system and camera from anywhere, anytime including video with audio taken by the ERA Protect camera products. The products will monitor your premises and when the motion triggers from the camera, you will receive a notification to your smartphone app and the products will start to record footage (Video and Audio) for as long as motion is detected. This footage will be stored in our secure ERA cloud server for up to 30 days (based on your plus subscription. If you do not subscribe to one of our subscription packages, the footage will not be recorded and stored) unless you have made the footage a favourite which means it will be stored on our secure cloud until your subscription ends at which point it will then be deleted permanently. The footage can also be downloaded to your smartphone for permanent storage.
4.2 Notifications: in order to receive notifications from us, you will need to:
(a) set up an account with us;
(b) download and install the latest version of the smartphone app, enable notifications and keep it updated; and
(c) ensure that the products are attached to your broadband network in your premises or mobile network (subscription required) and fully operational at all times.
4.3 Personal use: The products are only sold for personal use on your premises. They should not be used for commercial purposes or used within commercial premises. You should only use the products to record footage from within the confines of your premises and should not use them to record footage from outside of the confines of your premises. You should respect the privacy of your neighbours.
4.4 Smartphone app. The smartphone app will only allow you to control your alarm system and view footage taken by the camera in real-time or motion recordings (subscription required) but it will not store that footage after any free trial we give you. After that trial period, you will only be able to store and access the footage if you subscribe to one of our subscription services. The period the footage is available to view, and the manner in which it may be stored is dependent upon the subscription service you have chosen to purchase from us. We have both a 7 day and a 30 day access subscription service which, if any footage is marked as “favourite”, will be stored in the cloud for the duration of your subscription. The subscription service also allows you to make use of the 4G built in roaming SIM allowing your alarm to be backed up if your broadband goes down for whatever reason.
4.5 Services. We also offer a series of subscription services set out below to complement the products which provide enhanced security solutions, for example the recording and storage of footage taken using the products. Details of each of the subscription services are set out on our website. Pre-payment cards cannot be used as payment for recurring subscriptions.
4.6 Requirements. In order for our products to work, you will need:
(a) a broadband internet account and connection;
(b) a Wi-Fi router (for wireless connection) or modem with a spare Ethernet port (for wired use);
(c) a power socket within a reasonable distance from the products; and
(d) a smartphone or tablet which is capable of running applications (iOS or Android).
5. Setting up an account
5.1 Before you are able to use the products, you will need to set up an account with us.
5.2 In order to set up an account, we will require the following information from you:
a) Full name
b) Email address
d) Telephone number
f) Acceptance of these terms
g) Acceptance of our standard terms and conditions of sale of the products.
5.3 In addition to the information required in clause 5.2, if you require us to provide any of the subscription services we will need the following information from you:
(a) Address to where your payment method is registered; and
(b) Address where the products (or each of the products) are installed (for monitoring purposes).
5.4 You must keep your username and password secure and confidential and change the password frequently.
6.1 With the exception of the Floodlight camera (which can only be installed by a professional installer), you may install the products yourself or you may contact one of our approved installers to do this for you at additional cost. You may also use your own tradesperson to assist you.
6.2 If you intend to install the products yourself, please refer to the installation guide supplied with the products. We will not be responsible for any damage, loss or costs that you suffer or incur which arises from the incorrect installation of the products.
6.4 Please note that system performance and the quality of footage is dependent upon the speed of your broadband connection at your premises. If you have multiple items of equipment on the network at your premises, the internet bandwidth will be split between this equipment which may also have an effect on system performance and the quality of the footage recorded. The use of DSL (Digital Subscriber Line), BPL (Broadband over Power Line), VoIP (Voice over Internet Protocol) or any other broadband or internet based telephony service may prevent or restrict our products from transmitting alarm signals to our monitoring centre and/or may interfere with the telephone line seizure feature of the alarm/monitoring system if installed. We therefore recommend that such services are provided via a separate telephone line that is not used for alarm signal transmission. We shall not be liable to you for the failure of our product to notify you of any alarm which arises as a result of you not installing a separate line to your premises in the manner suggested above.
7. Subscription Services
We offer additional services on a paid subscription basis namely: ERA Protect Camera, ERA Protect Plus and ERA Protect Plus Premium Services. Full details of these subscription services are set out on our website.
7.1 You will agree to a subscription period when signing up for the subscription service (either monthly or annually). Pre-payment cards cannot be used as payment for recurring subscriptions.
7.2 We will commence the delivery of your chosen subscription service as soon as we have accepted your order for it.
7.3 If you do not wish to renew your subscription, you will need to contact us to cancel it before the end of your chosen subscription period. If you do not contact us to cancel it, the subscription period will automatically renew for an equivalent duration period after the expiration of the initial subscription period. You can cancel the subscription via the smartphone app.
7.4 If you decide to cancel your subscription, you must download any footage you wish to keep to your own device before you cancel. We will delete all footage from your account immediately upon your subscription coming to an end and this footage will not be recoverable. We shall have no liability to you for the loss of any footage in the event it is deleted where you have not saved it to your own device.
7.5 If you fail to pay any subscription payment when it falls due we shall terminate your subscription forthwith and without notice to you whereupon any footage you have stored will be deleted, again without notice to you. This footage will not be recoverable. We shall have no liability to you for the loss of that footage in the event it is deleted where you have not saved it to your own device.
7.6 Where we offer an initial free trial, you will be asked to provide details of your payment method when signing up for the free trial. Your payment method will be charged with the relevant subscription payment (monthly or annually as per your selected subscription period when you signed-up) at the end of the free trial period unless you cancel prior to the end of the free trial.
7.7 During the initial free trial, you will receive a 4G SIM mobile back up and up to 30 days rolling storage for three months after registering your product with us and activating an account. At the end of the free trial, the 4G SIM back up and the rolling storage will both be deactivated without notice unless you take up one of our subscription services before the end of the trial period. You will then only be able to see real-time live view footage on the camera. You will still be able to control your alarm from anywhere via the smartphone app.
7.8 You authorise us to charge your payment method with the relevant subscription amount (either monthly or annually as chosen when you signed up for the subscription service) at the then current rate. Any price change to your subscription will be notified to you.
7.9 Payments are non-refundable and we will not give you a refund for any unused periods.
7.10 Neither we nor our suppliers are required to assume any powers of the police or any other law enforcement service when providing our services and they should not be seen as an alternative to contacting the police or other law enforcement service in the event of an emergency at your premises.
8. Our rights to make changes
8.1 Minor changes to the products. We may change the products:
(a) to reflect changes in relevant laws and regulatory requirements;
(b) to update their firmware or software; and
(c) to implement minor technical adjustments and improvements.
None of these changes will be expected to affect the functionality or your use of the products. You will need to agree to the firmware or software being upgraded. However if you do not, the products may cease to function correctly.
8.2 Updates to the smartphone app. We may update the smartphone app or ask you to install a new version of the app from time to time. You may also be notified of an update via your mobile application store provider. We will not be responsible if any upgrade affects the products if any issue is connected to or caused by your own equipment e.g. your smartphone will not support the upgrade or the use or functionality of your wireless network, or router/modem is adversely affected by the upgrade.
9. If there is a problem with the products
How to tell us about problems. If you have any questions or complaints about the products, the services or the smartphone app, please contact our customer services team using the contact details set out in clause 2.2.
10. Our responsibility for loss or damage suffered by you
10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
10.2 If our smartphone app damages a device belonging to you and this is caused by our failure to use reasonable care and skill, we will use our reasonable efforts to repair such damage. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow the installation guide or to have in place the minimum system requirements advised by us.
10.3 We are not liable for business losses. We only supply the products and services for domestic and private use. If you use the products or services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.4 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
10.5 We do not guarantee that:
(a) The products will meet your requirements;
(b) The smartphone app will be free from virus or other forms of malicious code;
(c) The smartphone app will send you a notification each time a person or sound is detected by the products;
(d) There will be no delay in sending you a notification event;
(e) Your use of the products will be uninterrupted, secure, provide continuous access, provide continuous monitoring, or error free; and
(f ) Any information, advice or recommendations obtained from us should not be relied upon.
10.6 We are not liable for the following:
(a) Your failure to use the products in accordance with our instructions;
(b) Any expense, damage or loss that may result from incorrect installation, adjustment or positioning of the products by you or any other installer of the products (including any installer referred to you by us);
(c) The failure or any consumable item (e.g. internal hard disc drive recorder);
(d) Problems caused by your smartphone or tablet (including using a smartphone or tablet that will not support the smartphone app);
(e) Problems caused by your internet connection or domestic wireless or wired network;
(f) Problems cause by equipment other than the products supplied by us (e.g. your modem or router or equipment which creates interference to the products or your network;
(g) Problems caused by your internet service provider;
(h) Problems caused by your telecommunications provider;
(i) Problems caused by the supplier of any utility to your premises;
(j) Problems arising from work carried out by the police or emergency services, or any telecommunications provider (not just your telecommunications provider);
(k) Loss of power, howsoever arising;
(l) Excess data charges;
(m) Software conflicts;
(n) Configuration changes made by other people (ISP, telecommunication etc.);
(o) Expense, damage or loss caused by the products, your smartphone, or your network being affected by a virus or other forms of malicious code;
(p) Any expense, loss or damage to you or your premises arising from the failure of the smartphone app to send you a notification for whatever reason;
(q) Any expense, loss or damage that you or anyone else suffers as a result of your premises being broken into or damaged in any way;
(r) Any expense, damage or loss or that you suffer in the event an insurance company refuses to accept the footage from the products in the event you make a claim against that insurance; and
(s) The failure of any third party not controlled or supervised by us to provide their services whether in part or at all.
10.7 Notwithstanding the limitation of our liability set out in our Terms and Conditions of Sale, within this this clause 10 and elsewhere in these terms and conditions, our aggregate liability towards you in respect of the provision of the subscription services (ERA Protect Camera, ERA Protect Plus and ERA Protect Plus Premium) shall not exceed £20,000.
11. How we may use your personal information
12. Footage of third parties
12.1 Exemption from GDPR and Data Protection Act 2018 (Data Protection Legislation): Personal data procured for purely personal reasons with no connection to commercial or professional activity is generally exempt from compliance under the Data Protection Legalisation.
12.2 Installation: The products should only be installed in such a way that they do not enable you to view, or record footage from outside of the curtilage of your premises.
12.3 Data Protection: If the products are installed in such a way that you are able to view or record footage from outside of your premises, you will no longer be exempt under the Data Protection Legislation and you could become a data controller. The Data Protection Legislation imposes a series of duties and obligations upon data controllers and failure to comply with the Data Protection Legislation could lead to you being fined by the Information Commissioners Office, the Courts and/ or action being taken against you by a data subject. You should take your own independent legal advice if you have any concerns about how the Data Protection Legislation may impact upon you and your use of the products.
13.Your rights to end the contract
13.1 You can end the subscription services contract. You have 14 days after the day we email you to confirm we accept your order. If you cancel after we have started to provide the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
13.2 The use of the Smartphone App: You may uninstall the Smartphone App at any time, but please be aware that you will not be able to use any of the product’s functions or view or access any footage.
14. How to end the contract with us (including if you have changed your mind)
14.1 Tell us you want to end the contract. To end the contract with us, please let us know via the smartphone app or by contacting us.
15. Our rights to end the contract
15.1 We may end the contract if you break it. We may end the contract with you at any time by writing to you if:
(a) you do not make any payment to us when such payment is due and you still do not make payment within 30 days of us reminding you that payment is due; or
(b) you prevent us from providing any of the subscription services ordered (e.g. you have ordered monitoring services but you fail to install the products or you fail to keep the products operational).
15.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 15.1 we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
15.3 We may withdraw the products. We may write to you to let you know that we are going to stop providing or supporting the products or certain of them. We will let you know at least 30 days in advance of us stopping our support for the products.
16. Payments due to us
16.1 When you must pay and how you must pay. We accept payment with either credit or debit cards. Where we are providing the subscription services, you must pay upfront for the initial period you have subscribed for (e.g. if you have paid for monthly monitoring services, you will pay up front for the first month and again in advance at the beginning of each subsequent month the services are provided to you).
16.2 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
17. Other important terms
17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
17.2 You may not transfer this agreement to someone else. You may not transfer your rights or your obligations under these terms to another person
17.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
17.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products or services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products or services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products or services in either the Northern Irish or the English courts. If you live in Eire, you can bring legal proceedings in respect of the products or services in either the courts in Eire or the English courts.
Policy updated September 2020.