Terms and Conditions of Business
This Document outlines the terms and conditions associated with entering into an agreement with Covert Security to complete work for you, the customer.
Each customer is required to carefully read, fully understand and comply with these terms and conditions. All Customers of Covert Security must agree to these terms and conditions prior to work commencement. By placing an order with Covert Security you are confirming that you have fully read and understand the terms and conditions and that you agree to abide by and be bound by the terms and conditions.
- Definitions, Interpretation and Application
(a) Agreement: the agreement between Covert Security and the Customer, pursuant to which Covert Security shall provide the Alarm System and/or CCTV System and/or perform the Services, comprising these Conditions, the Order, any other documents referred to in these Conditions or posted on the Website, and any other terms agreed in writing between Covert Security and the Customer;
(b) Alarm Codes: the Covert Security engineer alarm codes applicable to the Alarm System or any other alarm system located at the Premises, in respect of which Covert Security provides Services;
(c) Alarm System: the Covert Security alarm system (including its respective components and Retained Property) which is to be installed at the Premises;
(d) Alert: an alert transmitted from the Alarm System, or any other alarm system located at the Premises in respect of which Covert Security provides Services, upon the detection of a breach or other relevant activation at the Premises;
(e) Charges: the charges payable by the Customer for the Security System and/or the Services, details of which shall be specified in the Quotation or where no official quotation has been supplied, agreed to in writing between Covert Security and the Customer;
(f) Commencement Date: the date on which the Agreement commences, being the date on which the Customer submits their order to Covert Security in the manner described in Clause 3.1;
(g) Conditions: these terms and conditions, as they may be amended by Covert Security from time to time, at the discretion of Covert Security;
(h) Covert Security: Covert Security, 7 Simmonstown Manor, Celbridge, Co. Kildare and where applicable, Covert Security’s employees, subcontractors and agents.
(i) Customer: the party to whom Covert Security provides a Security System and/or Services pursuant to an Agreement;
(j) Emergency Instructions: the instructions given by the Customer to Covert Security as to the steps to be taken in the event of an Alert, to include details of the Customer’s nominated keyholders and “cancellation word”;
(k) Emergency Service Provider: a provider of emergency services e.g. An Garda Síochána, fire services etc;
(l) Force Majeure Event: any event outside Covert Security’s reasonable control including but not limited to, breakdowns in telecommunications services, severe weather conditions, burglary, vandalism, civil disorder, terrorist activity, war, government action, strikes, lock-outs or other industrial disputes, failure of a utility service and/or any acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, electricity or electronic telecommunications service provider, Emergency Service Provider or a relevant regulatory authority;
(m)Covert Security, 7 Simmonstown Manor, Celbridge, Co. Kildare and, where applicable, Covert Security’s employees, agents and subcontractors
(n) Installation: the installation of the security system and/or any other service requested by the customer, at the Premises;
(o) Installation Date: the date of Installation and/or commencement of the Services;
(p) Order: the Customer’s order for an Alarm System and/or Services, as notified to Covert Security by telephone, in person, email or any other means of communication;
(q) Premises: the address at which the Security System will be installed and/or Services are to be performed;
(r) Price List: Covert Security’s price list(s) on the Website as same may be updated from time to time;
(s) Security System: Any system, product and/or service provided by Covert Security to the Customer including but not limited to: Alarm System, CCTV System, Access Control System, Fire Alarm, Smoke Alarm, External Lights.
(t) Services: the monitoring and/or maintenance services and any other services to be provided by Covert Security to the Customer, as set out in the Quotation or as otherwise agreed with the Customer from time to time;
(u) Website” www.covert.ie.
1.2.1 In these Conditions, words such as "hereunder", "hereto", "hereof" and "herein" and other words commencing with "here" shall, unless the context clearly indicates to the contrary, refer to the whole of these Conditions and not to any particular Section or Clause thereof.
1.2.2 Save as otherwise provided herein, any reference herein to a Section or Clause, or paragraph shall be a reference to a section, sub-section, clause, sub-clause, paragraph or sub-paragraph (as the case may be) of these Conditions.
1.2.3 Any phrase introduced by the terms "including", "include", "in particular" or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms
1.2.4 Any reference to any provision of any legislation shall include any modification, re-enactment or extension thereof
1.2.5 Headings used herein are inserted for convenience only and shall not affect interpretation.
1.2.6 Any reference to “Ireland” shall mean the Republic of Ireland.
1.3.1 These Conditions shall be incorporated into and form part of every Agreement and shall apply in place of, and prevail over:
(i) any terms or conditions (written or oral) contained or referred to in any order, confirmation of order, specification or any other documentation, correspondence or other means of communication delivered by the Customer to Covert Security; and
(ii) any terms or conditions implied by trade custom, practice or course of dealing between the Customer and Covert Security.
- Statutory Rights, Descriptions and Changes
2.1 Save as expressly stated in the Agreement, all warranties, representations, conditions and other terms implied by statute or common law relating to the Security System and/or the Services are, to the fullest extent permitted by law, excluded from the Agreement.
2.2 All drawings, descriptive matter, specifications and advertising issued by Covert Security and any descriptions or illustrations contained in Covert Security’s catalogues or brochures or on the Website are issued or published for the sole purpose of giving an approximate idea of the Alarm System and the Services and shall not form part of the Agreement (and are hereby expressly excluded therefrom). Covert Security reserves the right to alter and amend any of its literature at any time without notice to the Customer and without liability.
2.3 Covert Security reserves the right to make changes to the specification of the Alarm System and/or the Services, where required to conform with applicable safety or statutory requirements, legal requirements, and/or, to maintain and improve the quality or performance of the Security System and/or the Services and to suspend delivery of the Services whilst making such changes.
2.4 Covert Security shall notify the Customer of any changes to be made by it pursuant to Clause 2.3 above as soon as it may reasonably be practicable for it to do so, and will publish the details of such changes (including the operative date of such changes) on the Website.
2.5 These Conditions do not affect the Customer’s statutory rights (where the Customer is a consumer).
- Formation of Agreement
- 2. 3.
3.1 All Orders are automatically accepted by Covert Security as soon as they are made. Accordingly, an Agreement commences between Covert Security and the Customer as soon as the Customer gives their order to a Covert Security sales agent or otherwise notifies Covert Security of their Order whether by telephone or any other means of communication.
- Accuracy of Order
4.1 The Customer is responsible for ensuring the accuracy of any Order which it submits to Covert Security. If a Customer feels that they have made a mistake in their Order or require any changes to be made to their Order, they shall be required to notify Covert Security as soon as possible and in any event, within 14 (fourteen) days of submitting that Order. Any failure to do so may result in additional costs being charged to the Customer.
5.1 Covert Security shall endeavour to keep to any stated Installation Date, however, any Installation Date specified by Covert Security is an approximate business estimate only and accordingly, time shall not be of the essence in relation to Covert Security’s compliance with any stated Installation Date.
5.2 If no Installation Date is specified by Covert Security, Installation and/or commencement of the Services shall be within a reasonable time following the Commencement Date.
5.3 The Customer shall ensure that somebody is present at the Premises on the Installation Date to deal with any queries which Covert Security may have in connection with the Installation and to accept any instructions from Covert Security in relation to the Security System and/or the Services and to otherwise, provide such cooperation as shall reasonably be required by Covert Security in connection with the Installation and its provision of the Services. The Customer shall ensure in particular, that there is, at the Premises, an adequate and suitable power supply, power points, electrical fittings, broadband connectivity and telephone lines and fittings.
5.4 If for any reason the Customer fails to accept delivery of a Security System or to permit installation of the Security System, or fails to provide appropriate instructions to Covert Security within a reasonable period following the Commencement Date, to enable Covert Security to effect delivery and installation of the Alarm System and/or to commence its provision of the Services, Covert Security may, without limitation to any other right which may be available to it, terminate the Agreement with immediate effect.
- Ownership of the Alarm System (applicable where Covert Security installs an Alarm System)
6.1 Delivery of the Alarm System shall take place on the Installation Date upon completion of the Installation and accordingly, all risk therein shall pass to the Customer upon completion of the Installation, however title and property in the Alarm and system shall pass to the Customer only when Covert Security has received, in cleared-funds, full payment for the Alarm System. This shall be the case notwithstanding any installation of the Alarm System which may have taken place pending full payment.
6.2 For the avoidance of doubt, any alarm system existing at the Premises which is not a Covert Security alarm system, shall remain the property of the Customer upon termination of the Agreement (howsoever caused).
- The Services
7.1 Covert Security shall perform the Services from the Installation Date until the Agreement is terminated.
7.2 The Customer shall be responsible for providing Covert Security with all information which it reasonably requires to enable it to perform the Services and for ensuring that all Emergency Instructions provided to Covert Security are accurate, complete and up to date. The Customer shall also be responsible for obtaining the consent of any nominated key holders.
7.3 The Customer acknowledges that actions by Emergency Service Providers and the Customer’s nominated key holders following notification to them of an Alert are outside the control of Covert Security and accordingly Covert Security shall have no responsibility or liability for any acts or omissions of Emergency Service Providers and/or the Customer’s nominated keyholders, following the notification to them of an Alert.
7.4 Where additional non-standard maintenance is required by a Customer, additional charges shall apply (to be agreed between the Customer and Covert Security at the applicable time).
- Customer Warranty and Indemnity
8.1 Customer warrants to Covert Security that they are over 18 (eighteen) years of age, legally entitled to enter into the Agreement and are:
(i) the freeholder of the Premises; or
(ii) a tenant of the Premises under a lease of 36 (thirty six) months or more; or
(iii) a tenant of the Premises under a lease of less than 36 (thirty six) months and have obtained the landlord’s approval to the Installation and/or commencement of the Services at the Premises. Customer agrees to provide Covert Security with evidence of such landlord approval upon request.
8.2 The Customer irrevocably agrees to indemnify Covert Security against any claims made against it (and related costs incurred by it) by:
(i) Emergency Service Providers seeking reimbursement of their costs, where it is alleged by such Emergency Service Providers that their taking of action and/or attendance at the Premises as a consequence of the Services, was without just and sufficient cause; and
(ii) the Customer’s nominated key holders, in connection with their taking of any action on foot of an Alert,
save that, the indemnity provided herein shall not apply to claims made against Covert Security which arise from Covert Security’s negligence.
- Problems with the Security System
9.1 The Security System shall correspond with the product warranty specified on the Website which does not extend to parts, materials or equipment supplied by persons other than Covert Security.
9.2 Covert Security will not be liable to the Customer for any defect in the Alarm System arising from: (a) any failure by the Customer to follow instructions provided by Covert Security (b) any misuse of the Alarm System; (c) any accident and/or intentional act (save where caused by Covert Security) (d) the undertaking of work on the Security System (including alteration, reinstallation, moving, relocation, conversion or adaptation or repair of the System) by persons other than Covert Security; (e) fair wear and tear and/or (f) adverse weather conditions, and accordingly, in circumstances where Covert Security is required to perform any remedial maintenance as a consequence of the occurrence of any of the foregoing events, such remedial maintenance shall be carried out by Covert Security at its then prevailing price rates, which shall be notified to the Customer at the applicable time.
9.3 In the event of any defect with the Security System (or any other security system installed at the Premises which is used to provide the Services), the Customer shall be obliged to notify Covert Security of the defect as soon as possible and upon receipt of such notice, Covert Security shall subject to the foregoing provisions of this Clause 9, use every effort to repair or fix the defect as soon as may reasonably be practicable.
10.1 Charges shall be payable in advance.
10.2 The payment terms:Full payment on completion of installation, unless otherwise specified in the Quotation or otherwise agreed to between Covert Security and the Customer.
10.3 Unless otherwise set out in the Quotation or any other document issued by Covert Security to the Customer, Charges are inclusive of VAT and accordingly, shall be subject to amendment from time to time to reflect changes in prevailing rates of VAT.
10.4 Covert Security invoices must be paid by Customers on the day of installation, or in the case of commercial customers, within 30 days of invoice date.
10.5 Where payment is made by the Customer by way of direct debit (or equivalent) the Customer shall be liable for the amount of any fees incurred by Covert Security as a result of any unpaid direct debits, irrespective of whether the Customer is entitled to pursue recovery of any such amount from its payment service provider. The amount of any such cancellation fees shall be included by Covert Security as part of the Customer’s bill as soon as reasonably practicable after they are incurred.
10.6 Should the Customer fail to pay any Charges by their due date for payment, late payment interest shall be payable by the Customer on the overdue sum at a rate of 3% per annum above the prevailing EURIBOR. Such late payment interest shall be calculated daily and compounded monthly, and shall accrue both before and after judgment until the date of actual payment of the overdue sum. The EURIBOR rate on any given day is available at http://www.euribor-ebf.eu/. Pending payment of any overdue amount, Covert Security may, without any liability to the Customer, suspend its delivery of the Services or terminate the Agreement and if applicable, recover possession of the Security System and/or the Retained Property.
10.7 Notwithstanding Clause 10.7 above, in circumstances where a Customer in good faith wishes to dispute the content of a Covert Security invoice and promptly notifies Covert Security of this fact, then for the period during which Covert Security is investigating their dispute, Clause 10.7 shall be of no application, save that the Customer shall still be required to pay in accordance with Clause 10.5 above, that part of the invoice which is not in dispute.
10.8 Where a Customer pays Charges by direct debit via a payment service provider (e.g. bank) and the Customer seeks a refund from such payment service provider, Customer will still be liable for the amount of the cancelled direct debit and Covert Security will be entitled to pursue the Customer for recovery of any such amount. Where the Customer is not a consumer, the Customer waives any rights that it may have to seek such a refund from their payment service provider and Customer shall follow the procedures detailed on the Website from time to time in this regard.
- Liability of Covert Security
11.1 Covert Security is not an insurer and the Customer acknowledges and accepts that Covert Security shall not as a consequence of its entry into an Agreement, have any liability whatsoever to the Customer for any damage to the Premises and/or any loss suffered by the Customer or any other party at the Premises (whether of contents or otherwise).
11.2 Covert Security makes no guarantee or warranty that the Security System and/or the Services will avert or prevent occurrences or the consequences of occurrences which the Alarm System and/or the Services are intended to detect.
11.3 Notwithstanding the foregoing provisions of this Clause 11, should Covert Security for any reason, be deemed to be liable for any loss, damage, expense or injury arising out of or in connection with any defect or malfunction of the Security System and/or the provision of the Services or in respect of any failure, interruption, or restriction of the Security System and/or the Services caused by any act, omission or negligence on the part of Covert Security, the total aggregate liability (whether in contract, tort or otherwise) of Covert Security shall be the lesser of the amount paid by the Customer to Covert Security pursuant to the Agreement and fifteen thousand euro (€15,000).
11.4 Covert Security shall not under any circumstances have any liability to the Customer for any special, consequential or indirect loss whatsoever, or for any economic loss (including loss of profits, loss of business, depletion of goodwill or loss of business opportunity) whether forseen or unforeseen and whether caused by the negligence of Covert Security or otherwise.
11.5 Covert Security will make good any damage caused to the Premises by Covert Security in the course of the Installation or performance of the Services, however, for the avoidance of doubt, Covert Security shall not be responsible for the cost of repairing any pre-existing faults or damage to the Premises which is discovered in the course of the Installation and shall have no obligation to restore the Premises to its pre-installation condition following its removal of the Security System in accordance with these Conditions.
11.6 Nothing in these Conditions excludes or limits the liability of Covert Security for death or personal injury caused by Covert Security’s negligence, or for any matter which it would be illegal for Covert Security to exclude or attempt to exclude its liability or for fraud or fraudulent misrepresentation.
- Customer’s Obligations
12.1 The Customer shall be obliged to:
(i) test the Security System on a monthly basis in accordance with the instructions specified in the user manual, on the Website and/or as otherwise provided by Covert Security from time to time.
(ii) promptly report any defects in the Security System and/or Services to Covert Security.
(iii) ensure that the Security System is at all times kept safely and properly used and in connection therewith, the Customer shall:
(a) while the Security System is not in use, ensure that the electricity supplied to it is not turned off;
(b) not dispose of or deal with the Security System in any way by, for example, trying to sell it or hire it to anyone else, or by putting it up as security for a loan, mortgage or charge, or allow the Security System to be seized under any legal process;
(c) not move the Security System to another location without Covert Security’s prior written consent;
(d) not remove, tamper with or obliterate any words or labels on the Security System;
(e) take proper care at all times to use the Security System in accordance with the user manual provided by Covert Security;
(f) not allow any third parties to service, maintain, add to and/or remove from the Security System in part or in total; and
(g) comply with any other requirements notified by Covert Security from time to time.
(h) The Customer shall in no way prevent, interfere with or interrupt Covert Security from performing the Services.
(iv) give all reasonable cooperation to Covert Security for the purposes of installing the Security System and providing the Services and shall make available and maintain adequate and suitable power supply, electrical and other fittings, Internet connectivity and telephone lines.
12.2 Covert Security reserves the right to charge for any work which it is required to carry out in relation to the Security System and/or the Services which is attributable to a failure by the Customer to perform the obligations specified in Clause 12.1 above or such other obligations as may from time to time, be notified by Covert Security to the Customer in writing. Details of any applicable Charges shall be notified to the Customer at the relevant time.
12.3 Any reference in this clause 12 to the Security System shall include any pre-installed Security system existing at the Premises which is used to provide the Services.
- Term and Termination
13.1.1 The Agreement, where applicable, will come into existence on the Commencement Date. Unless terminated earlier in accordance with the terms hereof this Agreement shall remain in force for the duration of the Minimum Term, as specified by Covert Security.
13.1.2 The Parties may, at any time, agree that the Agreement shall continue in force after the expiration of the Minimum Term (or any extension thereof pursuant to the terms of this Agreement) for a Further Minimum Term.
13.1.3 Either Party may terminate this Agreement at the end of the Minimum Term (or any extension thereof pursuant to the terms of this Agreement) by giving written notice of termination to the other party. The said notice of termination must be given a minimum of 30 (thirty) days prior to the expiry of the Minimum Term (or any extension thereof pursuant to the terms of this Agreement).
13.1.4 The Agreement will automatically be renewed and shall continue in force after the expiration of the Minimum Term (or any extension thereof pursuant to the terms of this Agreement) for rolling “one year” periods, save where the Agreement has been:
(i) extended for a Further Minimum Term by agreement of the Parties; or
(ii) terminated prior to the expiration of the Minimum Term (or any extension thereof) by either Party pursuant to the terms of this Agreement; or
(iii) terminated at the end of the Minimum Term (or any extension thereof) in accordance with clause 13.1.3 hereof.
13.2 Termination by the Customer
(i) Should the Customer wish to terminate the Agreement at any time other than on expiry of the Minimum Term (or any extension thereof as the case may be) pursuant to Clause 13.1.3, the Customer may do so on giving one months’ notice in writing to Covert Security.
(ii) Upon termination by the Customer under Clause 13.2.2(i) the Customer shall be liable on demand to pay to Covert Security a termination fee, which shall equate to the full amount of the Charges which would otherwise have been payable by the Customer to Covert Security under the Agreement during the remainder of the Minimum Term (or any extension thereof as the case may be), had the Customer not terminated the Agreement early (“hereinafter the Termination Fee”). In the event of such termination by the Customer, Covert Security shall be entitled to charge interest on the Termination Fee pursuant to Clause 10.7.
13.3 Termination for Breach:
(i) In the event of Covert Security being in breach of the Agreement in any material way and failing to commence action to remedy such breach within 30 (thirty) days of Covert Security receiving a written request from the Customer to do so, the Customer shall be permitted to immediately terminate the Agreement by notifying Covert Security in writing and should the Customer terminate the Agreement in such circumstances, no cancellation fee shall be payable by the Customer and Covert Security shall refund all Charges paid to Covert Security by the Customer for Services not yet provided to the Customer.
13.4 Termination by Covert Security
13.4.1 Termination on Notice:
(i) Covert Security may terminate the Agreement at any time (without reason) upon providing the Customer with at least 30 (thirty) days’ notice in writing. Upon termination by Covert Security in accordance with this Clause 13.4.2, should the Customer have made any payment in advance for Services that have not yet been provided by Covert Security, Covert Security will refund such amounts to the Customer.
13.4.3 Termination for non-payment of Charges:
(i) Covert Security may terminate the Agreement at any time with immediate effect by notifying the Customer in writing, if the Customer fails to pay any of the Charges by their due date for payment. In the event of such termination, the Customer shall be liable on demand to pay to Covert Security the Termination Fee and Covert Security shall be entitled to charge interest thereon pursuant to Clause 10.7.
13.4.4 Termination for Breach or Insolvency Scenario:
(i) Covert Security may terminate the Agreement with immediate effect by giving written notice to the Customer if:
(a) the Customer breaches any term of the Agreement (other than a breach of its payment obligations, which is dealt with instead under clause 13.3.2 above) and does not remedy the breach within 30 (thirty) days of being asked by Covert Security to do so;
(b) the Customer (being a company or other business entity) has a receiver, manager, examiner, administrator, administrative receiver or similar officer appointed in respect of the whole or any part of its assets or business or enter into liquidation (whether compulsory or voluntary); or
(c) the Customer (being an individual) is adjudged bankrupt or makes any composition or arrangement with their creditors or suffers distress or execution to be levied on the Premises.
(ii) In the event of such termination, the Customer shall be liable on demand to pay to Covert Security the Termination Fee and Covert Security shall be entitled to charge interest thereon pursuant to Clause 10.7.
13.4.5 Terminating the Agreement due to Unsuitability
(i) Covert Security may terminate the Agreement at any time with immediate effect by notifying the Customer in writing, if Covert Security, in its absolute discretion, determines that a pre-installed alarm system located at the Premises, is not suitable for providing the Services.
13.4.6 Terminating the Agreement due to the provision of invalid payment details
(i) In the event that homesecure establishes that the payment details provided by the Customer are invalid Covert Security shall give written notice to the Customer of the irregularity. Where the Customer does not provide valid payment details within 14 (fourteen) days of being asked by Covert Security to do so, Covert Security may terminate the Agreement at any time with immediate effect by notifying the Customer in writing.
(ii) In the event of such termination, the Customer shall be liable on demand to pay to Covert Security the Termination Fee and Covert Security shall be entitled to charge interest thereon pursuant to Clause 10.7.
- Changes to the Conditions
14.1 Covert Security may revise these Conditions from time to time in its absolute discretion.
14.2 Where changes are being made by Covert Security to these Conditions in accordance with Clause 14.1 above, Customers shall be notified in writing. Where any such changes involve an increase in the Charges, or a material change to the scope of the Service, which is to the detriment of the Customer, the Customer will be notified a minimum of 30 (thirty) days before such changes take effect and during that 30 (thirty) day period shall be permitted to cancel the Agreement by notifying Covert Security accordingly in writing. Where the Customer elects to terminate the Agreement pursuant to this Clause 14.2, Covert Security shall refund all Charges paid by the Customer for Services which have not yet been provided to the Customer. Any failure by the Customer to cancel the Agreement within the 30 (thirty) day period specified in this Clause 14.2, will constitute an acceptance of Covert Security’s changes. For the avoidance of doubt, any changes to Charges as a consequence of changes in prevailing VAT rates shall not constitute grounds for termination of the Agreement by the Customer pursuant to this Clause 14.2.
- General Provisions
15.1 The Customer irrevocably grants to Covert Security such rights over, and access to, the Premises as are necessary for Covert Security to install the Security System at the Premises and/or provide the Services at the Premises and to perform on the Premises any necessary maintenance, repair, and/or other activities as are reasonably necessary to ensure proper performance of the Security System and the Services and in connection therewith, to bring upon, install and keep installed and operate at/on the Premises, all related operating equipment and where applicable, to remove the Security System and Retained Property from the Premises upon termination of the Agreement and the Customer undertakes at Customer’s own expense to procure all third party consents as shall be necessary to allow Covert Security to access the Premises in accordance with this Clause 15.1. Covert Security reserves the right to charge a fee for removing the Security System from the Premises. Where Covert Security is prevented for any reason from having reasonable access to the Premises to remove the Security System, Covert Security shall be permitted at its discretion, to invoice the Customer for the full cost of the Security System together with the reasonable costs incurred by Covert Security in seeking to recover the Security System from the Premises.
15.2 Covert Security shall not be liable to the Customer for any delay and/or failure by Covert Security to provide any element of the Security System or the Services in accordance with the Agreement, where such delay or failure is caused by the occurrence of a Force Majeure Event. If a Force Majeure Event takes place which impacts on Covert Security’s ability to perform its obligations under the Agreement, Covert Security shall notify the Customer as soon as may reasonably be practicable upon becoming aware of the occurrence of such an event and thereafter, all obligations of Covert Security which are impacted by the Force Majeure Event shall be suspended for the duration of such Force Majeure Event.
15.3 Where the Customer wishes to contact Covert Security in writing, or is required in these Conditions to serve notice on Covert Security in writing (for example, to terminate the Agreement), this can be done by e-mail, by hand, or by pre-paid post to the Covert Security address set out on the Website. Where Cvoert Security wishes to, or is required to, contact the Customer in writing, it shall do so by e-mail, by SMS, by hand, or by pre-paid post to the Premises. Alternatively, Covert Security may deliver general notices to Customers by way of an online announcement on the Website, by a notice in any national newspaper or by such other method as Covert Security deems appropriate.
15.4 Covert Security may assign any of its rights or obligations under the Agreement without the Customer’s consent. In such circumstances, Covert Security shall procure that the Customer is notified accordingly. The Customer shall be prohibited from assigning its rights and/or obligations under an Agreement without the consent in writing of Covert Security.
15.5 Subject to Clause 15.5 above, the Agreement is between Covert Security and the Customer and accordingly, no other party shall have any right to enforce any of its terms.
15.6 If any provision of the Agreement (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in force.
15.7 A waiver by Covert Security of any breach of the Agreement by the Customer or the acquiescence of Covert Security in any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of the applicable term, provision or condition or of any subsequent act by the Customer which is contrary thereto. Any such waiver by Covert Security shall be in writing.
15.8 The Agreement is governed by the laws of Ireland and any dispute and/or claim relating to the Agreement shall be governed by and construed in accordance with the laws of Ireland.