TERMS AND CONDITIONS
TITAN SYSTEMS (Guernsey)
These are the General Terms and Conditions which apply to all products and/or services supplied by Titan Systems (Guernsey). Additional terms and conditions may also apply depending on the product or service ordered.
1. Definitions
1.1. “Business” means Titan Systems (Guernsey), trading within the Bailiwick of Guernsey, comprising the islands of Guernsey, Alderney, Herm and Sark.
1.2. “Customer” means the individual, company or organisation entering into an agreement or contract with the Business.
1.3. “Goods” means any equipment supplied including but not limited to, CCTV cameras, recording and storage systems, network hardware and/or software, structured cabling, vehicle lighting, warning beacons, vehicle technology, and associated components used in due course of these systems.
1.4. “Services” means installation, configuration, commissioning, maintenance, repair, and associated works.
1.5. “Site” means the premises or vehicle where the Services are performed.
1.6. “Customer Agreement” means the contract formed under Section 3.
1.7. In Writing” means communication recorded in a durable medium capable of being reproduced at any time, including physical letters and emails sent from the Business email address.
1.7.1. WhatsApp messages, text messages, social media messages, and other informal communications shall not constitute communication “In Writing” for the purposes of these Terms due to their ability to be modified, deleted, or otherwise not reliably retained.
2. Who We Are
2.1. When we say “we,” “us” or “our” in this document, we refer to the business.
2.2. When we say “you” or “your,” we are referring to you, an individual in receipt of products and/or services from Titan Systems (Guernsey).
2.3. Words in the singular shall include the plural and vice versa.
3. Customer Agreement
3.1. When we refer to the “Customer Agreement” we mean these general terms and conditions, and any other relevant terms and conditions that may apply in due course of the business providing goods and/or services.
3.2. A binding agreement is formed when the customer:
3.2.1. Accepts a written quotation.
3.2.2. Pays a deposit on any goods provided by the business; or
3.2.3. Instructs the Business to commence work.
3.3. These Terms apply to the exclusion of any other terms.
No variation shall be effective unless agreed in writing by the Business.
4. Commencement and Conclusion of the Customer Agreement
4.1. The Customer Agreement shall commence on the contractual date and shall continue until the relevant service(s) are completed in accordance with this Agreement.
4.2. The Customer Agreement will conclude at the point of:
4.2.1. The goods and/or services have been provided to a standard that would be deemed satisfactory by reasonable and independent person.
4.2.2. Termination as defined in Section 15.
4.2.3. Mutual agreement in writing between the customer and the business to conclude services.
4.3. The Services shall commence on the agreed installation or commencement date.
In the event of delay, the Business shall notify the Customer as soon as reasonably practicable.
5. Quotations
5.1. All quotations or prior agreements will be completed in writing.
5.2. Quotations are valid for 21 days unless stated otherwise.
5.3. Quotations are based on information provided by the Customer and visual inspection only.
5.4. The Business reserves the right to amend pricing where:
5.4.1. Hidden defects are discovered.
5.4.2. Additional works are required.
5.4.3. Material costs increase.
5.4.4. Site conditions differ from those described.
5.4.5. Requirement to hire, obtain or use third party services and/or contractors to complete necessary works.
5.4.6. The customer shall be notified as soon as possible if pricing is to be amended for one of the above reasons.
5.5. In the interests of fairness and transparency, pricing maybe reduced or reflected where it is identified that the original quotation exceeds the cost required to complete the Services to the standard described in Section 4.2.1.
The customer shall be notified as soon as possible be reflected at invoicing.
5.6. All timelines are estimates only and time shall not be of the essence unless by prior agreement in writing at the time of the customer Agreement’s binding.
6. Customer Responsibilities
6.1. The Customer shall always:
6.2. Provide safe, clear, and uninterrupted access to the Site during working times or times agreed at the commencement of the customer Agreement.
6.3. The Customer warrants that the Site and any vehicle presented for work shall be safe, hygienic, and free from hazardous materials prior to commencement of the Services.
6.4. The Customer shall disclose in advance any known or suspected hazardous condition.
6.5. Hazardous materials include, but are not limited to:
6.5.1. Biological hazards including bodily fluids, human or animal waste, vermin infestation or decomposition.
6.5.2. Mould, asbestos, chemical contaminants, or toxic substances.
6.5.3. Sharps, needles, or medical waste.
6.5.4. Any condition likely to cause illness, infection, or physical harm.
6.6. Ensure adequate, safe electrical supply and Internet connectivity.
6.7. Obtain all necessary permissions and approvals.
6.8. Ensure vehicles presented for work are roadworthy and safe.
6.9. Ensure compliance with all laws relating to use of installed equipment.
6.10. The Business shall not be liable for delay, loss or damage caused by the Customer’s failure to comply with Section 6. Failure to comply with these basic requirements, may in result in termination as defined in Section 20.
7. Installation Risks and Acknowledgements
7.1. The Customer acknowledges that installation may involve drilling, surface trunking, lifting panels, removing trim, or accessing concealed voids.
7.2. The Business shall not be liable for damage to hidden pipes, cables, structural elements, or pre-existing faults not reasonably identifiable.
7.3. The Business shall not be responsible for cosmetic differences resulting from retrofit installations.
7.4. The Business is not liable for interference, signal loss or performance limitations caused by building materials, structural layout, or third-party infrastructure.
8. CCTV Systems
8.1. The Customer must acknowledge that CCTV systems are subjected to physical, environmental, and technical limitations and function as a deterrent whilst capturing footage.
8.2. The Business does not guarantee that:
8.2.1. Criminal activity will be prevented.
8.2.2. Incidents will be captured in full or in part.
8.2.3. Images will be suitable for identification of people, vehicles, vehicle registration numbers or be of evidential quality.
8.2.4. Prosecution for any incidents captured in full or in part by CCTV systems.
8.2.5. Systems will operate uninterrupted.
8.3. The Business shall not be liable for loss arising from theft, vandalism, intrusion, system failure, internet failure, power failure, or third-party interference.
9. Data Protection and Footage
9.1. The Customer is the Data Controller for any CCTV system installed.
9.2. The Business accepts no responsibility for:
9.2.1. Lawful basis for processing.
9.2.2. Signage requirements after installation.
9.2.3. Data retention policies.
9.2.4. Subject access requests.
9.2.5. Storage, encryption, or cyber security of recorded data after handover.
9.3. The Business shall not be liable for data protection related incidents or breaches occurring during or after installation.
10. Vehicle Equipment
10.1. The Customer is solely responsible for ensuring vehicle lighting, beacons and technology comply with applicable road traffic and regulatory requirements.
10.2. The Business provides installation services only and does not warrant legal compliance of intended use.
10.3. The Business shall not be liable for:
10.3.1. Fines, penalties, or prosecution.
10.3.2. Insurance invalidation.
10.3.3. Misuse or unlawful activation and/or use of equipment.
10.4. The Business will not provide, supply, or maintain any equipment that requires a lawful exemption by way of permit or legislation issued by Traffic & Highways under the Lighting of Vehicles and Skips Ordinance, 1988 unless proof of a valid exemption and/or permit is provided.
10.5. This includes, but is not limited to;
10.5.1. Red Lights; Static, Flashing, Alternating or Rotating other than as a replacement or supplementing rear facing brake, fog, or indicator lights.
10.5.2. Green Lights; Static, Flashing, Alternating or Rotating.
10.5.3. Blue Lights; Static, Flashing, Alternating or Rotating.
10.5.4. Audible Warning Apparatus such as alternating two tone horns, siren equipment capable of wail, yelp, phaser or similar tones and siren amplifiers.
10.5.5. Similar restricted beacons, lighting, and ancillaries.
11. Titan SafeGuard™ Scheme
11.1. Titan SafeGuard™ is a discretionary goodwill scheme and does not constitute insurance, indemnity, or security cover. The scheme applies solely to physical damage resulting from a verified criminal act occurring at the site for which the system was originally installed in.
11.2. The scheme covers.
11.2.1. CCTV cameras.
11.2.2. CCTV recording devices.
11.2.3. Networking hardware, excluding cabling.
11.2.4. Vehicle Based CCTV cameras.
11.3. The scheme does not cover:
11.3.1. Labour for reinstallation unless otherwise agreed prior with the business.
11.3.2. Damage to cabling.
11.3.3. Systems or equipment subject to outstanding invoices or payment unless said otherwise.
11.3.4. Negligence, misuse, environmental damage, power surges, animal interference, or deliberate customer-inflicted damage.
11.3.5. Any part of the system that has been tampered with, modified or altered by any third party.
11.3.6. Any system that was non-operational at the time of the incident due to known faults.
11.3.7. Staged damage or misrepresentation to gain goods and/or services dishonestly.
11.3.8. Vacant premises for more than thirty consecutive days unless specifically agreed by the business.
11.4. The Business reserves the right to refuse, or reject customer participation in the scheme if abuse, fraud, or dishonesty is suspected, or apply limits where replacements have been previously offered.
12. Emergency Service Discount Scheme
12.1. The Emergency Services Discount scheme is offered at the sole discretion of the Business as a commercial concession and does not create any contractual right or continuing entitlement.
12.2. The Business reserves the right to amend, suspend or withdraw the Discount at any time without notice.
Eligibility
12.3. The scheme is available only to individuals currently serving in the following organisations within the Bailiwick of Guernsey on the production of valid and current identification or proof of employment or association within the below organisations.
(a) Guernsey Police (Bailiwick Law Enforcement).
(b) Guernsey Fire & Rescue Service (GFRS).
(c) St John Ambulance & Rescue Service (SJARS).
(d) Joint Emergency Services Control Centre (JESCC)
(e) Community First Responders under St John Ambulance & Rescue (CFR).
(f) Royal National Lifeboat Institution (RNLI).
(g) Channel Islands Air Search (CIAS)
(h) Guernsey Civil Protection Volunteers (CPV).
(i) UK Armed Forces (Including Regular and Reserve Personnel).
(j) Doctors, Nurses and Healthcare Staff, working within HSC in either Primary, Secondary or Tertiary Care.
12.4. The scheme is offered at a single rate as shown in writing or by verbal confirmation and does not stack if the customer is a serving member of multiple listed organsiations as detailed above.
12.5. The Business reserves the right to refuse, or reject customer participation in the scheme if abuse, fraud, or dishonesty is suspected.
13. Warranty
13.1. Manufacturer warranties apply where provided.
13.2. Workmanship is warranted for 12 months from completion.
13.3. Warranty is void where:
13.3.1. Equipment is tampered with.
13.3.2. Equipment seals are removed or voided.
13.3.3. Third parties alter configuration.
13.3.4. Power surges or environmental damage occur.
13.3.5. Network or broadband changes are made except for the service provider, i.e. Guernsey Fibre/Sure (Guernsey) Limited or JT (Guernsey) Limited.
13.3.6. The Customer fails to maintain the device’s environment, i.e. water ingress, smoke related damage, pests, vermin or neglect resulting in damage or destruction of the device.
14. Payment
14.1. The Business unless stated otherwise in writing, charges a minimum of one hour for all services provided, with exemptions granted at the sole discretion of the Business, with exception to emergency calls outs whereby a call-out fee maybe applied in addition to the minimum charge.
14.2. Deposits are non-refundable once Goods have been ordered, save in exceptional circumstances at the sole discretion of the Business.
14.3. Payment will be completed by verified means, such as bank transfer, card payment, or cash. Receipts and/or confirmation will be provided upon payment.
14.4. Full payment is due within 14 days upon completion unless agreed otherwise in writing or by exceptional circumstances that have been declared to the business as soon as practicable.
14.5. Goods remain property of the Business until paid in full.
14.6. The Business reserves the right to pursue recovery of unpaid sums through petty debt proceedings or civil recovery action. The Customer shall be liable for all reasonable costs incurred in such recovery.
15. Limitation of Liability
15.1. We do not exclude or restrict any liability to you for death or personal injury caused by our negligence under this Agreement.
15.2. We are not liable to you either in contract, tort (including negligence) or otherwise for loss (whether direct or indirect) of profits, business, or anticipated savings, or for any indirect or consequential loss or damage whatever.
15.3. The total aggregate liability of the Business under any Agreement shall not exceed the total amount paid by the Customer under that Agreement.
15.4. The Customer acknowledges that pricing reflects this limitation of liability.
16. Indemnity
16.1. The Customer shall indemnify and hold harmless the Business against any claim arising from:
16.1.1. Misuse of installed equipment.
16.1.2. Unlawful direct or indirect surveillance.
16.1.3. Vehicle equipment used contrary to law.
16.1.4. Breach of data protection obligations by the Customer.
17. Exceptional Circumstances Outside of our Control
17.1. The Business shall not be liable for delay or failure due to events beyond reasonable control, including but not limited to; adverse weather, pandemic, war or governmental action, supply chain disruption, illness any other event beyond the reasonable control of the Business.
18. Termination
18.1. The Business reserves the right, to terminate immediately at any time if:
18.2. The Customer breaches these Terms.
18.3. The Site presents health or safety risk or where hazardous conditions as defined in section 6.5 are discovered which were not disclosed when knowingly present.
18.4. Behaviour which the Business reasonably considers to be abusive, threatening, intimidating, discriminatory, obstructive, or unsafe, whether from:
18.4.1. The Customer.
18.4.2. Any tenant, occupier, or employee.
18.4.3. Any agent, contractor, or representative of the Customer; or
18.4.4. Any other person present at the Site.
18.5. Upon termination, all outstanding sums shall become immediately due and payable. Any deposits paid shall be non-refundable and may be retained by the Business in respect of loss of income and administrative costs.
19. Severability
19.1. If any provision of these Terms or any part thereof is held by any court or competent authority to be invalid, unlawful or unenforceable, that provision shall be severed from the remainder of the Terms.
19.2. The remaining provisions shall continue in full force and effect and shall not be affected or impaired by the severance of any invalid, unlawful or unenforceable provision.
19.3. Where a provision is capable of being modified to make it valid and enforceable, it shall be deemed modified to the minimum extent necessary to make it lawful and enforceable.
20. Variation
20.1. The Business reserves the right to amend these Terms from time to time.
20.2. Any variation to these Terms shall only be binding if agreed In Writing and signed or otherwise expressly accepted by the Business.
20.3. The version of the Terms in force at the date the Customer Agreement is formed shall apply to that Agreement unless otherwise agreed In Writing.
21. Governing Law
21.1. These Terms shall be governed by the law and ordinances of the Bailiwick of Guernsey with parties submitting to the exclusive jurisdiction of the courts of Guernsey.