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Terms and conditions

Terms and conditions for your service agreement

About your NuVision services

These terms and conditions set out the agreements between (1) you ('you', 'the customer' or 'your') and (2) NuVision Limited ('NuVision Ltd' or NuVision) ('us' or 'we' or 'our')

Your use of the services will be governed by the terms of these agreements. Please read through these terms and conditions carefully.

The words highlighted in bold throughout these terms and conditions have special meanings which can be found in the Glossary at the back of these terms and conditions.

A    Obtaining the services

  1. NuVision will try to meet any date agreed with you for installation or activation of the services, but NuVision may have to change the installation date given to you or activation may be delayed. If NuVision do, we will try to notify you of any changes as soon as possible.
  2. You agree that you or a person authorised by you (who is 18 or over) will be present when NuVision install the equipment at your designated location.
  3. Where we need to install equipment at your designated location, we will make every effort to fit the equipment where you prefer. However, in some circumstances this may not be possible because of technical or other reasons. If this is the case, we will connect the equipment as we see fit. We will also supply any necessary additional equipment when we fit the equipment. Please do not move any existing equipment. Should you wish to alter the routing of any existing equipment such as cables or wall sockets, you should contact us.
  4. Where we do not need to install equipment at your designated location, we will either send you all the NuVision equipment you need to connect to our services, or advise you of any additional equipment you need to have to connect to our services. Just to remind you, if applicable, it is your responsibility to purchase the equipment and additional equipment as notified to you. We will not be liable to you for any loss or damage caused by your installation of the equipment or additional equipment.
  5. Where we have recommended equipment for use with the services and you have chosen not to take our recommendation, we cannot guarantee compatibility of the equipment or provide installation or ongoing support. Where equipment is purchased from our recommended partners, we are not responsible for them or for any equipment you purchase from them. If any equipment you have purchased from our recommended partners is faulty upon arrival, please contact the recommended partner for a replacement. We may need to provide our recommended partners with your name and order details in order for them to fulfil your order.
  6. To provide the services, the equipment (for example, an OzLine 4IP) must be connected to equipment belonging to you (for example, a network or cable modem). We are not responsible for your equipment working properly. You agree to provide and pay for suitable facilities and all necessary electrical and other installations and fittings (including necessary power outlets or sockets) for the equipment. You must follow our instructions for this.
  7. Where we need to set up any services on your equipment you authorise us to have access to your equipment to perform such set-up (which may include the installation of software) and to check that those services are working properly. You confirm that you will have prepared your equipment, and will follow our instructions to prepare your equipment so that we can perform the set-up properly.
  8. In order for you to receive video services from NuVision it is first necessary for you to subscribe to the NuVision video services. As such, there should be no specific installation of equipment required for services over and above that required for the NuVision video services.
  9. Where we provide services over cable or telephone line, we cannot continue to provide the services to you if you choose to terminate your cable or telephone line rental with your provider. Similarly, if your telephone service is suspended or cut off by your telephone line rental provider, we will be unable to provide you with the services. In the event that you terminate your telephone line rental service or you change the services on the telephone line, so that the minimum specifications are no longer met, it is your responsibility to cancel the services. If you do not, the charges will continue.
  10. You are responsible for applying for any consents and permissions necessary for us to connect and maintain the equipment at your designated location (for example, any permission necessary to video a public area). We are not obliged to install or provide the services unless all consents and permissions have been obtained.
  11. NuVision's obligation to provide the services is also subject to survey. If a survey shows that the services cannot be installed or connected at your designated location, or if a non-standard installation is required, we may cancel any installation date we have given you and terminate these agreements. You will be notified of this as soon as possible after the survey. NuVision will not be under any liability whatsoever to you for any failure to provide the services in these circumstances but will refund you for any payments you have already made to NuVision for installation or the services.
  12. We do not have to connect the equipment at your designated location or otherwise keep to these agreements if:
    1. your designated location is outside NuVision's service area or NuVision are unable to activate the services on your line or at your designated location for any reason;
    2. it is not practical to carry out the connection for health and safety reasons;
    3. you do not qualify under NuVision's current credit policy;
    4. you are not able to be a customer because you have previously misused our services;
    5. your PC or network interface card does not meet our minimum specifications for Internet access;
    6. your PC or its operating software does not work correctly or normally for Internet access; or
    7. it is not practical to carry out the connection for any other reason.

B    About the services

  1. General
    1. If you keep to the terms of these agreements, NuVision will provide you with the services (and in these agreements, reference to "services" includes video services, where appropriate).
    2. As well as these terms and conditions, the services have other legal information which applies to the services and their use, as published by us on the NuVision website for video services. These may be updated from time to time. For example, these include our 'minimum specification and acceptable use policy' which you can read on the NuVision website. The other legal stuff will apply to your use of the services so, when you first use the services, you must read through them carefully.
    3. In supplying the services we and NuVision will always use reasonable skill and care but are not able to guarantee fault-free performance.
    4. To make sure you are always getting the best possible service, NuVision may monitor and record phone conversations you have with our teams which will be used to shape training.
    5. From time to time, we or NuVision may let you try certain services for free. NuVision also have the right to withdraw these trial services at any time and without giving you notice.
    6. From time to time, NuVision may supply you with services, as part of a promotion or for promotional purposes and whether for a charge or otherwise. NuVision may at any time stop such supply or change the promotional services.
    7. You agree that you are liable for any charges on your account regardless of whether you or anybody else (with or without your permission) runs up those charges (unless the charges result from fraud by someone else which you could have had no control over). For example, if someone who has access to your designated location uses the services, we and NuVision would consider them to be within your control and you would be liable for those charges. If you do become aware of any fraud by someone else, you must tell NuVision as quickly as you can. Under no circumstances should you give your serial numbers and passwords to anybody else (unless you're happy for them to use your account and add charges on your account)
    8. With your permission, NuVision may monitor, without limitation, any content transmitted over the services.
    9. For Internet access you agree that your PC or network will meet the minimum specifications as detailed on the NuVision website. You also agree that you'll either have an Ethernet port on your network  available that we can connect our equipment to, or that you will install a Cable modem. You also agree that you will carry out a virus check before the services are connected. If this is not the case, we will not be able to provide you with these services. From time to time we may change the minimum specifications needed to use the Internet access, which will appear in our published materials or on the NuVision website.
    10. In the case of Internet access, you will be liable for any charges from other organisations while using these services, as well as those billed by us as set out in our price guides.
    11. Due to the nature of the Internet, we cannot guarantee specific levels of performance for the Internet access.
    12. It is your responsibility to keep back-up copies of any important data stored on your equipment prior to the set-up of any services by NuVision on your equipment.

C    Looking after your services

  1. NuVision will provide any maintenance services during normal working hours that NuVision believe are necessary for the system and equipment to work properly and for NuVision to provide the services to you (including the video services, where appropriate).
  2. NuVision will always aim to provide you with the best service possible, but cannot guarantee that the services will be fault-free. For example, NuVision not will be liable for interruptions, reception, picture degradation or other problems with the services which are beyond NuVision's reasonable control. You agree that you will tell NuVision about any fault in the services by phoning, emailing or writing to the Customer Care team, who will aim to respond as promptly as possible. In many circumstances it is possible to correct a fault over the phone. If this is not possible, NuVision will send a technician to correct the fault.

3.NuVision is reliant on third party suppliers for the provision of certain aspects of its services. In the event that any of these companies disrupt or cease to provide all or any part of the service:

a.    You will be credited with a void period until the service is resumed,

b.    NuVision will use all reasonable efforts to procure restoration of the disrupted service, but reserves the right to find alternative suppliers and where these cannot be achieved within a period of 3 months, to terminate the agreement.

c.    Under no circumstances will NuVision be liable for any losses (other than the refund of rental fees), directly or indirectly suffered by the client from the disruption or termination of service however this has arisen;

e.    The customer will be responsible for the return of all company equipment in good working order on termination of this agreement for whatever reason.

 

4.       If you prevent necessary maintenance from being carried out (at a time previously agreed and arranged with you), or if the maintenance necessary is the result of any one or more of the following, we will be entitled to charge you a service fee (listed in the price guides):

  1.  
    1. Misuse or neglect of, or accidental or wilful damage to, the equipment;
    2. Fault in, or any other problem associated with, your own equipment or any system that we do not cover;
    3. Your failure to keep to these agreements.
  2. You are responsible for maintaining any equipment that is relevant to the services, which you own (for example, CCTV cameras, network and so on).
  3. NuVision are not responsible if you are not able to use the services because your equipment (for example, your PC, modems, network interface cards, printers, or other equipment) does not work properly, is not compatible with the system or does not meet the minimum specifications or because of faults in any public communications provider's network (where applicable).
  4. Where NuVision supply the services to you via your connection to another public communications provider's network it is your responsibility to maintain your connection to such public communications provider's network and NuVision shall not be responsible or liable to you for failing to provide the services if such failure arises as a result of any interruption to or disconnection from the public communications provider's network or because of failure or inadequacy in any equipment for which NuVision are not responsible.

D    Using the services

  1. You are responsible for the way the services are used. You must not use the services to do any of the following acts or allow anyone else to use the services to do such acts:
    1. That is offensive, abusive, defamatory (damages someone's reputation), obscene, menacing or illegal;
    2. Cause annoyance, nuisance, inconvenience or needless worry to, or break the rights of, any other person;
    3. Perform any illegal activity;
    4. Break, or try to break, the security of anyone else's equipment, hardware or software;
    5. Transmit any information or images that are protected by copyright or other ownership rights without the permission of its owner;
    6. Use the services in a way that: (i) risks degradation of service levels to other customers; (ii) puts our and/ or NuVision's system at risk; and/ or (iii) is not in keeping with that reasonably expected of a customer. If NuVision believe that you are using the services in any of these ways, NuVision is entitled to reduce, suspend and/or terminate any or all of the services without giving you notice.
  2. You must, at all times, make sure that the way you use the services does not break the law or the rights of any other person. You agree to take responsibility for all liabilities, claims and losses which are in any way connected with misusing the services supplied to you under these agreements, or with getting the services without NuVision's permission, and to repay fully any costs or losses of this kind which NuVision may suffer. This also applies if you do not meet your responsibilities under this section D.
  3. If you misuse the services or get services from us without the permission of NuVision or do not meet your responsibilities under this section D, NuVision will be entitled to suspend the services or to end these agreements.
  4. If an OzLine IP4 forms part of the equipment, you should take reasonable steps to make sure that, while it is not in use, the electricity supplied to it is not turned off and that it is in standby or rest mode (unless we advise you otherwise).

E    Using our equipment

  1. Where we hire equipment to you it will be our property at all times and we may need to alter or replace it from time to time. For us to do this, we will need reasonable access to your designated location.
  2. You are responsible for making sure that our equipment is safe and used properly at all times. To do this, you agree to do the following:
    1. Follow the manufacturer's instructions and any other instructions we have given you;
    2. Keep the equipment under your control (for example, you may not sell it, lend it or hire it out to anyone else, put it up as security for a loan or mortgage, or allow it to be seized under any legal process against you). You must not move our equipment from your designated location without our permission;
    3. Insure any of our equipment against any loss, theft or damage for the full replacement value;
    4. Not remove, tamper with or cross out any words or labels on our equipment;
    5. Take proper care at all times to prevent the loss or theft of our equipment.
  3. You agree to tell us immediately about any loss or damage to any part of our equipment. You should do this by phoning, emailing or writing to our Customer Care team. You agree that you are responsible for any loss of or damage to the equipment, regardless of how it happens. We will charge you for any loss of or damage to the equipment.
  4. If we or you end these agreements, or you decide to disconnect from some of our services, you must return our equipment to us (or let us collect it from you if we choose to do this). You must return equipment or make it available for collection in a reasonable condition, allowing for fair wear and tear. If you fail to return or make available the equipment for collection for any reason, we are entitled to charge you for the replacement cost of the equipment. If we hold any money we may use that money towards the cost of the equipment. If we have supplied you with any additional equipment, we'd encourage you to dispose of it responsibly if you're no longer using it so please contact us for further information about disposing of your additional equipment.
  5. Any equipment which you own and which you connect to the system (for example, CCTV cameras, networks, cable modems) must meet with all relevant laws and regulations. We reserve the right to disconnect any equipment that does not meet these laws and regulations. You may use your own equipment together with our equipment, but we do not guarantee that our equipment will work with your equipment.
  6. We will not be liable in any way for any loss or damage which is caused to your own equipment arising as a result of its use with our equipment. We will not be liable for any loss of or damage to any additional equipment. We have the right to charge you for any replacement additional equipment.

F    Paying for your services

  1. You must pay the charges for the services as set out in NuVision's price guides or as otherwise notified to you, together with any value added tax or other applicable taxes. NuVision can change the charges as set out in paragraph H3, but if we do so, this may entitle you to end these agreements. You can read more about this in paragraph J5. All payments by you should be made to NuVision, which will provide you with all necessary payment handling services for NuVision. NuVision agrees to collect and process all payments made by you to it promptly and ensure that they are applied in settlement of the charges to which they relate. NuVision may charge you a separate service fee for collecting and processing such payments as provided in paragraph F4(c) below.
  2. NuVision may ask you to make initial payments and/or a deposit, either through a NuVision sales representative in person or over the phone through a NuVision or NuVision telesales representative.
  3. You must ensure that your payments are received by NuVision by the due date for payment shown on your bill. If you do not pay your bills on time, you will be liable to interest or other charges for your default. NuVision may also charge you the full amount of any bill and you may lose any discount NuVision have given you. NuVision will also suspend or cancel the services and charge you the costs of debt recovery proceedings to recover any debt you owe under these agreements.
  4. Bills
    1. Under these agreements, if you ask for any changes to the services provided by us or NuVision, these changes will be reflected by adding proportionate amounts to your first bill after the change and to your payments every month after that.
    2. You may choose to pay your bills by cash, cheque, credit or debit card, or by Direct Debit.
    3. NuVision will provide you with payment handling services and unless you pay by Direct Debit you agree that NuVision shall charge you a separate payment handling charge each month for processing your payment.
    4. If any cheque or Direct Debit of yours is cancelled or is not cleared by your bank or building society, NuVision are entitled to charge you a default fee and the provisions of paragraphs F3 and F4(c) will also apply.
    5. Reminders will normally be sent for late bill payments. Interest may also be charged by NuVision and/ or NuVision at the yearly equivalent of 4% over Barclays Bank plc's base rate for the whole period of any late payment. The interest is worked out daily.
    6. If you want to change any of the services agreed to, NuVision may charge you an administration fee.  NuVision will notify you of the amount of any such charge when you request the change.
    7. You may be asked for any deposit at any time (as NuVision believe to be reasonable in the circumstances) as security for the equipment and in case you do not pay your bills or return equipment provided to you. All or any part of this deposit may be used to pay any charges you owe under these agreements. NuVision may (but do not have to) return your deposit after six months if NuVision believe that you have a good payment history. NuVision will usually (but not necessarily) consider you to have a good payment history if you have paid your account for six months in a row without your services having been restricted, suspended or disconnected and you are not having to pay under a payment plan.
  5. NuVision are entitled to carry out credit checks on you at any time. This will be done by making searches about you at credit reference agencies who will supply credit information about you, as well as information from the Electoral Register. The agencies will record details of the search, whether or not the application goes ahead.  NuVision may use credit-scoring methods to assess the application and to confirm your identity. NuVision and other companies may use credit searches and other information, which is provided to us NuVision or the credit reference agencies (or all), about you (and those you are linked financially to) if credit decisions are made about you, or other members of your household. This information may also be used to trace debt and manage your account and to reveal information on your payment history to the usual credit agencies. Your details will be checked with fraud detection agencies and if false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies. Law enforcement agencies may access and use this information. NuVision and other organisations may also access and use this information to prevent fraud and money laundering, for example, when:- checking details on applications for credit and credit related or other facilities; managing credit and credit related accounts and facilities; recovering debt; checking details of proposals and claims for all types of insurance; checking details of job applicants and employees. NuVision and other organisations may access and use from other countries the information recorded by fraud prevention agencies. Please write to NuVision at 100 George Street, London W1U 8NU, if you want to receive details of the relevant fraud prevention agencies. You have a legal right to these details.
  6. If at any time before or during the term of these agreements you fail to meet the credit conditions imposed by NuVision, either of these parties may do the following:
    1. Require you to make a payment (which shall be made to NuVision) in advance for future line rental and usage charges;
    2. Enforce credit limits on you for any of NuVision' charges (to the extent that NuVision believe is reasonable in the circumstances), restrict the level of services  NuVision provide to you, only allow certain methods of payment and/or suspend some or all of the services at any time when you reach the limits until we have received the full payment of any charges you owe under these agreements;
    3. Demand a deposit from you as described in paragraph F4 (g) above.

G    Your details and how they are looked after

  1. You must provide promptly and accurately all the information which may be needed so that NuVision can perform our obligations under these agreements. You must also tell NuVision immediately if any of your details change.
  2. By having the services provided by NuVision installed in your designated location and/or by using them you are providing your consent to use your personal information together with other information for the purposes of providing you with the services, service information and updates, administration, credit scoring, customer services, training, tracking use of NuVision' services (including usage, billing, viewing and interactive data), profiling your usage and purchasing preferences for so long as you are a customer and for as long as is necessary for these specified purposes after you terminate your services. Occasionally third parties may be used to process your personal information in the ways outlined above. These third parties are permitted to use the data only in accordance with NuVision's instructions.
  3. Subject to your consent, your personal information may be used by NuVision to contact you with information about special offers and rewards.  NuVision, subject to your consent, use your personal information to contact you with information about their products and services including special offers from them.
  4. If you have given the consent referred to in paragraph G3 above, then from time to time,  NuVision may contact you by mail, telephone, email or fax with information about products and services.
  5. If you wish to receive information from NuVision, and you have not previously given your consent, let us know by calling Customer Care or check out NuVision's privacy policy on the NuVision website for more information.
  6. If you're already receiving information from us then don't worry, you don't need to do anything.  NuVision will assume that you want to continue receiving this information unless we hear from you. If you change your mind at any time and no longer wish to receive this information from us just call Customer Care, or check out NuVision's privacy policy on the NuVision website for more information. Remember that if you say you don't wish to receive any promotional information from us, this will exclude you from receiving any of our special offers or promotions which may be of interest to you.
  7. By having the services installed in your designated location and/or by using them you consent to our transferring your information to countries which do not provide the same level of data protection as the UK if necessary for providing the services. If such a transfer is made, a contract will be put in place to ensure your information is protected.
  8. You have a right to ask for a copy of your information (for which NuVision charge a small fee) and to correct any inaccuracies.
  9. If you do not pay your bills for the services then NuVision reserve the right to transfer your debt to a third party in which case your personal information will also be transferred to that third party for it to use in connection with the recovery of your debt. Such third party will take such action to recover your debt as it considers appropriate and will not be acting on behalf of NuVision.

H    Changing these agreements

  1. You may add to or reduce the services you receive from time to time by contacting the Customer Care team. If you ask NuVision to provide any extra services to you, you agree to accept those additional services for at least the minimum period that applies to them. If you ask us or NuVision to reduce your tier of services within the minimum period for those services, NuVision may ask you to pay a fee depending on the services being reduced and the remaining length of the minimum period.
  2. NuVision may at any time improve, modify, amend or alter the terms of these agreements and/or the services and their content if:
    1. there is any change or amendment to any law or regulation which applies to NuVision or the services provided to you;
    2. NuVision decide that the services should be altered for reasons of quality of service or otherwise for the benefit of customers or, in NuVision's reasonable opinion, it is necessary to do so;
    3. for security, technical or operational reasons;
    4. if the changes or additions are minor and do not affect you significantly or  NuVision wish to have all our customers on the same terms and conditions; or
    5. in all other events, where  NuVision reasonably determine that any modification to the relevant system or change in trading, operating or business practices or policies is necessary to maintain or improve the services provided to you.

However, you will have the right to cancel the affected services or end these agreements if the changes are significant, as described in paragraph J5.

  1. NuVision may change their charges at any time. Any such changes will be published in the monthly charges made by us on the NuVision website with regard to video services and, we will do our best to give you notice of the change at least one month before the change takes effect. Any changes to usage charges and tariffs will be published on the NuVision website and will be reflected on your next bill.

I    Suspending services

  1. NuVision may suspend any or all of the services immediately without notice if:
    1. you have broken these agreements (including the other legal stuff);
    2. maintenance, repairs or improvements to any part of the services or the system need to be carried out;
    3.  NuVision have to do so by law or in line with a contract;
    4. you go over any credit limit on your account;
    5.  NuVision have reason to believe that you have provided NuVision with false, inaccurate or misleading information either for the purpose of obtaining the services and/or the equipment from NuVision or at any time during the provision of the services and/or the equipment;
    6. NuVision believe that you or another person at your designated location have committed, or may be committing, any fraud against NuVision or against any other person or organisation by using the services or equipment (or both);
    7.  NuVision do not receive a signed copy of the contract document from you within 30 days of installing your services; or
    8. in our and/or NuVision's reasonable opinion it is necessary to do so.
  2. If the services are suspended because you have broken these agreements or if paragraphs I1(d), (e), (f) or (g) apply, NuVision may make a charge to reflect NuVision's costs in connection with suspending and starting the services again. In normal circumstances you must pay this charge before you can use the services again. You may also be liable for all charges for services during this period of suspension.

J    Ending these agreements

  1. These agreements will continue until the end of the minimum period for each service you take. After the end of all relevant minimum periods, for services other than video services, either NuVision or you may end these agreements by giving the other 30 days' notice. You must pay any relevant usage charges and line rental up to the end of that 30-day notice period.
  2. Either NuVision or you may end the agreement for video services at any time after the end of the minimum period for video services. If you wish to end the agreement for video services before the end of the minimum period, you will be charged the monthly charges that you would have paid for the rest of the minimum period for video services.
  3. You may also cancel a service other than video services during its minimum period by giving us 30 days' notice. If you end this agreement before the end of the minimum period for any of the services (other than in the circumstances outlined in section K or paragraph J5), you must immediately pay (to NuVision) the balance of the line rental (if this applies) or the monthly charges (or both) that you would have paid for the rest of the minimum period for each separate service (based on the monthly charges that you are paying when your agreements end). If you cancel any but not all of your services before the end of their minimum period, you must immediately pay (to NuVision) the balance of the monthly charges) that you would have paid for the rest of the minimum period for those services (based on the monthly charges that you are paying when you cancel those services).
  4. If you choose to cancel these agreements you have for NuVision video services with NuVision in accordance with these terms and conditions, NuVision shall be entitled to terminate its agreement with you for video services at the same time (whether you have chosen to do so or not).
  5. If:
    1. NuVision increase their respective charges under these agreements;
    2. NuVision make significant changes to the services so the services you are entitled to receive in return for the charges you pay are significantly altered or reduced; or
    3. NuVision make significant changes to the terms and conditions of these agreements (including the other legal stuff),

you may cancel those services affected without penalty by giving NuVision at least 30 days' notice in writing. If you cancel any services in these circumstances, the increased charges will not apply to those services during the 30-day notice period and paragraph J3 will not apply if you cancel before the end of the minimum period. If you do not give such notice of cancellation within 30 days of any increase in charges or changes to the services or this agreement being notified to you or, if later, receipt of your first bill following such increase in charges, NuVision will assume that you have accepted the increase in charges and the changes to the services and these agreements and you will no longer be able to cancel your services under this paragraph.

  1. If NuVision break the terms and conditions of these agreements, you're free to end these agreements.
  2.  NuVision may end the respective agreement immediately by giving you notice if NuVision's authority to operate as a video services provider is suspended for any reason.
  3. When these agreements end or you cancel a service, NuVision will deactivate (permanently switch off) any relevant equipment we supplied to you to provide the services. You will no longer be able to use the equipment.
  4. If you fail to return or make available for removal any item of the equipment, you may have to pay extra charges for any individual item of equipment, including the replacement cost and reasonable recovery costs. In addition to our other rights, we reserve the right to bring proceedings against you for the return of our equipment.
  5. If these agreements are ended for any reason, or if any of the services are cancelled, NuVision will be entitled to keep any money NuVision hold (including deposits and advance payments), and to use that money to pay any obligation or debt you may owe under these agreements. Any money remaining after these deductions are made will be refunded to you upon request. Please contact our Customer Care team to request a refund.

K    Moving designated location

  1. If you move to another address within NuVision's service area, you may ask NuVision to provide the services to your new address. You must provide at least one month's written notice to do this, but NuVision cannot guarantee to provide you with the services at your new address.
  2. If you move to another address during any minimum period paragraph J3 will apply, unless you continue to receive NuVision services at your new address (in which case paragraph K3 will apply).
  3. If NuVision agree to provide the services to your new address, you will have to pay a service transfer charge (to be paid to NuVision). Details of the service transfer charge are set out in the price guides.  NuVision will also send you a new contract for the services at your new address (which will include the contract for video services as applicable) and you will have to keep the services for the minimum period. The service start date will be the date that the services are installed at your new address. You may not be able to keep your phone number if you move house.

L    If you break these agreements

  1. NuVision, may end any of these agreements immediately if:
    1. you become insolvent or bankrupt, you enter into any arrangement with your creditors, or if any legal action is taken or threatened against your property;
    2.  NuVision believe that you or another person at your designated location have committed, or may be committing, any fraud against NuVision or against any other person or organisation by using the services or equipment (or both);
    3. you break any of these agreements (including the other legal stuff) and, if you are able to put things right, you have not done so within seven days (or such other period as we specify) of NuVision asking you to do so);
    4. NuVision have reason to believe that you have provided NuVision with false, inaccurate or misleading information either for the purpose of obtaining the services and/or the equipment from us or at any time during the provision of the services and/or the equipment;
    5. any permission under which we are entitled to connect, maintain, modify or replace the equipment is ended for any reason;
    6. required to comply with an order, instruction or request of Government, an emergency services organisation or other competent administration or regulatory authority; or
    7. NuVision is specifically entitled to do so under any other section of these agreements.
  2. If you break any of these agreements and NuVision choose to overlook it, NuVision can still end the relevant agreement with you if you break it again.
  3. If NuVision end these agreements because you have not paid the charges which you are liable to pay under these agreements during any relevant minimum period,  NuVision will be entitled to charge you the balance of the line rental (if this applies) or the usage charges (or both) that you would have paid for the rest of the minimum period of the relevant services on top of any other charges you are liable to pay under these agreements. Also, if we discover that you have got services from NuVision without permission at any time,  NuVision will also be entitled to charge you for any usage charges relating to those services.
  4. If you break any of these agreements by committing fraud or any other criminal activity, NuVision will report you to the police, who may take legal action.

M    Visiting your designated location

  1. You authorise us to install and keep installed our equipment on your designated location and you agree that we and our employees, agents or contractors may enter your designated location so that we can:
    1. carry out any work that is necessary for us to connect, maintain, alter, replace or remove any equipment necessary for us to supply the services you and others have asked for; and
    2. inspect any equipment (like your CCTV cameras or network) including our equipment which you may keep there.
  2. We agree to cause as little disturbance as reasonably possible when carrying out any work at your designated location. We agree to repair, to your reasonable satisfaction, any damage that we, our agents or contractors may cause at your designated location.
  3. You agree not to do anything, or allow anything to be done, at your designated location that may cause damage to or interfere with the equipment or prevent use or easy access to it.
  4. You confirm that you are:
    1. the current occupier of the designated location; and
    2. either the freeholder of the designated location or a tenant under a lease of 12 months or more.
  5. We cannot normally be required to remove permanent installations if you terminate these agreements or move from your designated location.

N    Liability to you

  1. NuVision' liability to you is limited as set out in paragraphs N2 to N6.
  2. NuVision will not be liable to you for:
    1. any indirect loss or any loss which is not a reasonably foreseeable consequence of NuVision' negligence or breach of these agreements (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses);
    2. lost or destroyed data or software;
    3. any business loss (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses) even if such loss was reasonably foreseeable or  NuVision had been advised of the possibility of you incurring such loss; or
    4. direct physical damage to your property (including any of your equipment upon which we have set up the services) unless it has been caused by NuVision's negligence or the negligence of their employees, agents or contractors while acting in the course of their employment (and even then NuVision's liability will not be more than £100,000 for any one event or series of connected events).
  3. When NuVision carries out any obligation under these agreements, the duty of NuVision is only to exercise the reasonable care and skill of a competent service provider.
  4.  NuVision will not be liable to you for the accuracy, completeness, fitness for purpose or legality of any information accessed, received or transmitted using the services, or for transmitting or receiving, or failure to transmit or receive, any material through the services.
  5. NuVision does not restrict or exclude liability to you for:
    1. death or personal injury resulting from NuVision' own (or our agents' or contractors') negligent act or failure to act;
    2. direct physical damage to your personal property up to £100,000 for any one event or series of connected events where the damage arises from NuVision' own (or our agents' or contractors') negligence; or
    3. any of NuVision' liabilities which, by law, NuVision must cover you for, including any liability arising out of part 1 of the Consumer Protection Act 1987or from NuVision breaking its duties under sections 4.1 or 11.4 of that Act.

O    Matters beyond our reasonable control

NuVision will not be liable for failing to do what it promised under these agreements if it is prevented from doing so by something outside its reasonable control which will include (but is not limited to):

  • lightning;
  • flood or severe weather conditions;
  • fire or explosion;
  • civil disorder;
  • damage or vandalism to our network or equipment
  • terrorist activities;
  • war;
  • actions of local or national governments or other authorities; or
  • industrial disputes.

P    Notices

Any notices NuVision gives to you must be in writing and be delivered by hand, or sent by fax or ordinary post to you at your designated location, or sent electronically. Any notices you give to NuVision must be in writing and delivered by hand, or sent by fax or ordinary post to NuVision, at the address on our website. Any notice period will start from the day on which the notice is delivered if it is sent by hand, from two working days after the date it was posted, if sent by ordinary post, or from the date of successful transmission if it is sent by fax or electronically.

Q    Transfer of agreements

These agreements are personal to you and you may not transfer your account or any of your rights and responsibilities under these agreements without NuVision' written agreement. For business reasons NuVision may transfer any of its rights and responsibilities under this agreement without your permission.

R    The Law and how your complaints are resolved

  1. These agreements will be governed by English law.
  2. NuVision are fully committed to addressing all complaints, fully and fairly, and in a reasonable time frame. If you'd like to find out how NuVision does this, please see our Code of Practice ask our team.

GLOSSARY

The words in bold throughout these agreements have the following special meanings:

'agreements'

the terms and conditions set out in this document, the other legal stuff, together with all the details set out in any contract document we ask you to sign, which are separate contracts between you and NuVision (where applicable).

'equipment'

any communications or other equipment we supply to you as an essential part of providing the services (including upgrades and replacements). This may include (but is not limited to) OzLine IP4 and cables. This does not include any equipment which you may purchase from a supplier recommended by us or an alternative supplier. This is referred to as 'additional equipment'.

'designated location'

the address where we install the equipment and to which we agree to supply the services.

'internet access'

Internet access, whether by way of high-speed Internet connection (whether via your phone line using ADSL technology or otherwise) or by LAN/WAN connection that access services through a phone or dedicated ADSL line.

'minimum period'

the minimum period that you must keep a service, starting from the service start date or such other minimum period as you have agreed with us. For example, unless you are told otherwise by us, you must keep the video service for 36 months from the service start date. We may change the minimum period for any service but this will not affect you if you have already subscribed to that service.

'minimum specifications'

the minimum specifications required to use the services as set out on the NuVision website as they relate to video services or as we tell you from time to time.

'normal working hours'

these are 9am to 6pm on Monday to Friday. These hours may change.

'order date'

the date you ordered the services from us.

'other legal stuff'

as well as the terms and conditions set out in this document, there are additional terms and conditions which apply to your services as published by NuVision on the NuVision website or can be accessed through the services, as updated by NuVision from time to time. If there is any conflict between the other legal stuff and the terms and conditions in this document, the other legal stuff will apply.

'

video services'

that part of the services which relates to video recording and storage, and live video . These services are provided to you by NuVision.

'price guides'

the current list of charges for each of the services.

'public communications provider'

means a public communications provider as set out in section 151 of the Communications Act 2003.

'service start date'

the first date on which each service is available for you to use or, where no installation is required, the earlier of the date your service is activated or seven days from the order date.

'services'

the services you have ordered including any new, extra or substitute services which we agree to supply you at a later date (including, where applicable, any video services provided to you by NuVision).

'system'

an electronic communications system or network.

'NuVision'

Is the trading name of NuVision Limited, the provider of video services to you.

'NuVision website'

the website at www.ozvisionuk.com or any other website address we may tell you about.

'working days'

days other than Saturdays, Sundays and public holidays.