1. Hire. The Council is letting to you, and you are hiring from us, the Lifeline system which consists of an alarm unit and one pendant for a minimum of three months.
2. Your Obligations – you will:
2.1 Payment
Pay to The Council without previous demand the payment specified by way of electronic billing. VAT exemption only applies to the hirer. All amounts due under this agreement shall be paid in full without any set-off, counterclaim, deduction or withholding. Payments made will not be refundable.
2.2 Use and Location
The Lifeline equipment must only be used in accordance with the instructions supplied by The Council and at the location as supplied at the Installation address detailed on this Agreement (or such other address agreed in writing with The Council).
2.3 Not to Interfere
Not to interfere or permit others to interfere with the Lifeline equipment or break any seals affixed to them. Interference with the equipment will affect the manufacturer’s warranty. The Council’s representative is the only person permitted to service or repair the Lifeline equipment.
2.4 Repairs
Inform the Council if the Lifeline equipment develops a fault and/or is in need of repair. Repairs must not be undertaken by any persons other than the Council’s representatives. Where a request for repair is unnecessary due to a telephone handset being off the hook, power disconnected, extension lead/telephone interference you may be recharged the costs incurred by The Council.
2.5 Inspection
Permit the Council’s representative access to your property where the Lifeline equipment is installed as detailed on this Agreement at all reasonable times and with prior notice for the purpose of inspecting, repairing or removing the Lifeline equipment, and will ensure that entry to access is free from hazard. In the event of no answer to a planned visit The Council’s representative will leave a calling card.
2.6 Loss or Damage of Hired Equipment
The Hirer will observe the device’s operating instructions at all times and be responsible for, and indemnify The Council against, loss of or damage caused to the Lifeline Equipment whilst in your possession and notify the Council immediately. Should the Lifeline equipment be lost or damaged the full cost of a replacement alarm unit and/or pendant may be invoiced.
2.7 Other Charges
Pay all charges arising out of the use of the Lifeline equipment direct to your telephone provider and your electricity provider. If you do not give a minimum of 24 hour notification of cancellation for any appointment made in connection to the Lifeline Service you may be charged for officer time and any subsequent visits. You will be responsible for the purchase costs for any Safe Sockets that may be required to complete the installation of the Lifeline Service. Details of Safe Sockets can be found in the Lifeline Information Document.
2.8 Testing
Undertake a quarterly Lifeline alarm unit and pendant test by pressing the red buttons and informing our call handlers you are testing the equipment.
2.9 Change of Circumstance
Notify The Council of any changes in personal circumstances, contacts and/or key holder details immediately by either pressing your alarm unit button, telephoning or in writing.
3. Maintenance of Hired Equipment
Providing you observe the Terms and Conditions of this Agreement The Council or their representatives shall maintain the Lifeline equipment in good repair and working condition and for this purpose shall be entitled to remove the Lifeline equipment and/or pendant for such a period of time that may be necessary to repair or maintain the goods and to replace in the interim with the same or similar type which shall be held by you on these terms and conditions. You will not be entitled to any abatement or refund of rental between dates of removal and replacement of substitution.
3.1 Damage
The Council accept no responsibility for (i) Direct; (ii) indirect or consequential loss or damage howsoever arising from the hiring evidenced by this Agreement unless it arises from the Council’s negligent act or default. The Council will accept no responsibility for any loss or damage to any material or other equipment used on or with the goods. The Council does not accept liability for any damage to the service user’s property. (iii) The Council accepts no responsibility for loss of profits, whether direct or indirect (where applicable).
4. Breach
Should you fail to make payment when due or commit any other breach of this Hire Agreement The Council after at least four weeks can terminate this Agreement and cease monitoring the Hirer(s) Lifeline Service and you will not be permitted to be in possession of any hired Lifeline equipment without written consent of The Council.
5. Change of Hire Fee
The Council will provide at least four weeks written notice of any changes in fees.
6. Termination
The Hirer or The Council in addition to its rights under section 6 hereof shall be entitled to terminate this Hire Agreement by providing four weeks’ notice in writing given at any time after the expiration of the three month minimum hire period. Abuse or misuse of the system will result in termination of this Agreement by The Council with immediate effect. Upon such termination The Council shall be entitled to repossess the hired Lifeline equipment (alarm unit and/or pendant) and for that purpose to enter upon the premises at all reasonable times in which the same is kept. Upon such termination the Hirer shall not be entitled to a refund of the charge paid for the month in which the termination takes place but shall not be liable to make any further payments. Any additional sensors purchased by The Hirer will remain their property.
7. Return of the Hired Lifeline Equipment
Upon termination of this Agreement you will return the Lifeline equipment (alarm unit and pendant) to The Council in good, clean condition (fair wear and tear excluded) and pay to The Council all amounts due but unpaid at the date of termination.
8. Loss of Telecommunication Signals or Electrical Power Supply
The Council accepts no responsibility for inability to respond due to loss of telecommunication signal or electrical power supply or for the loss of service from any 3rd party supplier.
9. Forced Entry
The Council will not make the final decision for forced entry. That decision will be made by the Emergency Services.
10. Third Party Rights Excluded
All third party rights are excluded and no third parties shall have any rights to enforce the Contract by virtue of the Contracts (Rights of Third Parties) Act 1999.
11. Law
This Agreement, and any disputes or claim arising out of this Agreement 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.
Lifeline Anytime Privacy Notice
Who we are
Lifeline Anytime is part of Ashford Borough Council (ABC) who are the Data Controller for any personal information collected during the set up and running of the Lifeline Anytime service. ABC’s Data Protection Officer can be contacted at: The Data Protection Officer, Ashford Borough Council, Civic Centre, Tannery Lane, Ashford TN23 1PL or via FOI@ashford.gov.uk
ABC is registered with the Information Commissioner’s Office (ICO) with registration number Z8344724.
Information Collected
In order to provide the Lifeline Anytime personal safety alarm system, which provides a 24 hr service providing an instant response at the touch of a button, we need to collect and process some of your personal data. This Personal data is predominantly provided by you during the application process or when you update your account and will include:
- Your Personal details including name, address, date of birth, telephone numbers, email address.
- Health details including information about any medical conditions that you think we should know about, your GP surgery and any Home Care arrangements.
- Next of Kin details including name, address, telephone number and email address.
- Property type and tenure.
- The name, address and telephone number of any local contacts who hold keys to your property who you would like to act as your key holder.
- Key safe code and location or the access details to your property.
- Your payment details such as method of payment, and bank details (Direct Debit only) or the name, address, telephone number and payment details (as above) of the person paying for the service
- In addition for your safety, security and for staff training purposes all calls made through or relating to the lifeline service are recorded.
Why We Collect and Use Your Personal Data
Your personal details are used to identify you and to allow Lifeline Anytime to:
- Contact you, your local key holder or next of kin, in the most appropriate way
- To provide the most appropriate service for you
- To keep your records up to date with regards to any relevant health issues or care needs which may prompt an emergency alarm call by you.
- To contact your GP or Care Agency on your behalf and at your request
- To contact the emergency services in the event of an emergency and if required provide them with your address
- To contact your next of Kin or local contact in the event of an emergency or upon your request
- Provide access details in the event of an emergency
- To process your payments for the service
Sharing your personal data
We may share your personal details with the emergency services, your GP or care agency, next of kin or local contact and any other services you have chosen to be referred to. We will also share your contact details with one of our approved contractors in order to install and maintain your lifeline system. Please note that our contractor carrying out any work will not attend without an appointment. They will always introduce themselves and display their identification. If you are in any doubt, you should call lifeline on 01233 642095.
Legal basis for the use of this information
Your personal information will be processed under one of the following legal basis:
Contract: processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract.
Vital Interests: where processing is necessary in order to protect the vital interests of you or of another individual. For example, protecting someone or their property from imminent harm or damage.
How long we keep your personal data for
We will only retain your personal information for as long as necessary to fulfil the purposes for which we have collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements.
We will keep all your information for the duration of your Agreement plus an additional 6 years for audit and financial reasons.
More Information
For more information about how Ashford Borough Council processes your personal information including your data protection rights please see the Council’s data protection pages which can be found at www.ashford.gov.uk or contact the Data Protection Officer at, The Data Protection Officer, Ashford Borough Council, Civic Centre, Tannery Lane, Ashford TN23 1PL.