Howz Subscription terms and conditions

This Agreement sets out both of our rights and responsibilities. It is for consumer customers who take Howz subscription services from us for their own personal use.

It’s important that you read and understand the full terms before you sign up.

  1. Charges - You must pay the Charges for the Services you subscribe to as a recurrent payment.

  2. The Change-Your-Mind Period – If you change your mind about Howz you are entitled to cancel your recurring payment 30 days after your purchase.

  3. Your Minimum Period – There is no minimum period for the Howz service.

  4. The Services we supply and what you can expect of us – Howz aims to deliver the service continuously. You will be alerted if there is any interruption of service and advised on actions being taken until resolution.

  5. What we expect of you – We may end the Agreement if: you don’t pay any Charges that are due. We can also end the Agreement if we reasonably believe the Service is being used: fraudulently, illegally, in a way that harms our service, or to cause annoyance (among other things).

  6. Termination of agreement - If you wish to terminate your service agreement with Howz contact info@howz.com and confirm the sitename associated with the account you wish to terminate. We will notify you of the confirmed end date for service provision. You have a 30 day period where the service can be re-instated, beyond that all identification of your data will be removed and so your account cannot be accessed further.

  7. How we use your information – We will collect information about how you use our Services and third party services you use in conjunction with our Services, including for example your location and account activity, to enhance your overall experience with us and make it more relevant to you. We may use and analyse your personal details to help us run your Service(s) and account, including for credit checking and fraud prevention. We may share and combine that data and your information with carefully selected third parties for all those same reasons. Your information is treated in accordance with our Privacy Policy, which can be viewed here. If you don’t want to receive some or all marketing communications, you can manage preferences on my.howz.com, write to us, tell us at that link or opt-out in the relevant email or SMS. We may also send you non-marketing communications relating to your Service.


Your Monthly Subscription Agreement in Full

Your Monthly Subscription Agreement with us (this "Agreement") is made up of different parts: You have:

  • a "Services Agreement" which is about the Howz service and how you access that;

  • and· some general legal terms and conditions that apply, which we call the "General Terms".

We've defined some of the words in this Agreement to make it easier to read and understand. You can check the list of definitions.

On our Website or by contacting customer service you have: 

  • our “Privacy Policy” that sets out how we collect and use your personal information, which can be viewed here; and

  • any terms for other promotions, offers and services we supply. For more information, please visit howz.com

All of these documents make up this Agreement and cover how we'll supply Equipment and Services.

 

I – Services Agreement

II – General Terms and Conditions

I – Services Agreement

1.1 These are the terms and conditions on which we supply Services to you. Additional Services (including services relating to goods), offers and promotions may have additional terms and conditions. Please check our Website because we update it regularly. To contact us, visit here on our Website.

1.2 Howz is supplying this Service to you and will hold information regarding your account status, payments, and contact details in order to manage the contractual arrangement.

2 The Services we supply and what you can expect of us

2.1 The Howz service aims to be available at all times and you may access your information either via my.howz.com or the Howz app which is available on google play or the apple app store.

2.2 The Service isn't fault-free; a range of different site issues at installation or other conditions or circumstances beyond our control (such as internet and power outages) can impair it. For instance, connectivity is affected by things like the thickness or material of the walls of the building you're in. It might also depend on the consistency and quality of your broadband. If we have an interruption to our service we will attempt to restore disrupted Services as soon as possible.  You will be notified via the app if your Kit stops working or if there is a System wide service disruption. We may also carry out upgrades, repairs and maintenance works to our System from time to time. If there is a disruption to power, no data will be collected during this time.  

2.3 We will analyse your Kit data continuously.  The System will normally establish the routine pattern after 8-15 days, but in some cases this will not be possible.  We will inform you of the pattern detected or if a pattern is not possible to determine. From this routine you will be advised of the alert settings applied to your Site.  You can change these within my.howz.com if you wish to do so. You will be informed of alerts activated via the app.  

2.4 Your Kit data is also analysed for long term changes in routine behaviour.  We are continually improving this element of our Service and so the nature of changes reported may change over time.  Howz cannot guarantee that all changes will be detected or that the changes are due to an issue in the home. You will be advised of these changes via email or the web portal and our customer support service will be available to discuss the changes if required.  Contact us by email info@howz.com or telephone +44 203 86 86 850 to arrange a call back with a senior advisor within 2 working days.

2.5 We may record or monitor some calls, emails and any other communications between you and us (including those for example on social media) for training and quality control and our lawful business purposes. Our third party agents may do the same. 

2.6 The Service enables access to Content. You may use Content only in a way that doesn't infringe the Rights of others (we call this "Approved Use"). You must not copy, store, modify, transmit, distribute, broadcast, or publish any part of any Content other than for an Approved Use.

2.7 We may vary Content, access to Content or the technical specification of the Service in a way that might affect the Content from time to time.

2.8 You're solely responsible for assessing the accuracy and completeness of Content and the interpretation of messages provided to you by the Service.

2.9 You must give us your current email address, postal address and mobile phone number for the purposes of billing and receiving Notices and other communications from us. You must tell us immediately if there are any changes to it. You're responsible for making sure your email address works and you'll be responsible for all consequences for errors in sending and receiving email (including our emails being directed to your "junk mail") unless we're negligent. If you want to update the email address we have for you, please do this online at my.howz.com.

2.10  You are responsible for the addition of other users within your account known as VIPs within the System.  You're responsible for making sure you enter the email address accurately and you'll be responsible for all consequences for errors in sending and receiving email (including our emails being directed to "junk mail") 

  1. How long this Agreement lasts

3.1 This Agreement starts on the day your Kit is dispatched.

3.2 At the end of any Minimum Period this Agreement will continue until it's ended by you or us in line with paragraph 8.2 below. This Agreement may end before the end of any Minimum Period if you or we end it in line with paragraphs 5 or 8 or under any Related Agreement.

  1. Things we may have to do

4.1 Occasionally we may have to:

(a) change your Site identifier or access details.  This might be if we're asked to do so by a government or regulatory body or if we reasonably believe that the change will make your use of the Service better. We'll give you reasonable notice before we make this type of change;

(b) temporarily suspend the Service (or any part of it) including (but not limited to) for operational reasons, in an emergency, or for reasons of security. This might be if we're asked to do so by a government or regulatory body; or

4.2 We may migrate your account from one billing platform to another. If we do, and the migration will affect your service in any way, we'll give you notice. If you are migrated, your billing date may change.

  1. Charges for our Services

5.1 Detailed charging information can be found on our Website. Payments are made through Chargebee.

5.2 Your Monthly Subscription Charges may be subject to an adjustment  We will provide a minimum of 3 months notification of any change. If we do this then you'll have the right to end this Agreement under paragraph 5.3.

5.3 You can end this Agreement without having to pay the Monthly Subscription Charges up to the end of any Minimum Period you have left, if:

(a) we apply an increase to your Monthly Subscription Charges; or

(b) the Site resident moves into full time care or passes away

5.4 If you want to end the Agreement because of circumstance (a) in paragraph 5.3 you must give us Notice that you want to within 30 days of our Notice. If you don't give us Notice within 30 days, you accept the new Charges and the Agreement will continue with the new Charges.

5.5 We reserve the right to limit the number of VIPs in the future and additional Charges may be made for additional VIPs.

5.7 The restrictions in paragraphs 5.2, 5.3 and 5.4 and your corresponding right to terminate under paragraphs 5.4 won’t apply if the increase or change is as a result of a requirement by a government or competent regulatory body. This includes any increase in the rate of VAT, the imposition of a new tax or the extension of an existing tax that has not previously applied.

5.8 You must pay the Charges on your monthly bill by the date stated on your bill. For any overdue payments we may charge interest at 2% per annum above the base lending rate of HSBC Bank Plc. That interest will be calculated from the due date until the date of payment and on a daily basis. We reserve the right to charge a late payment fee for our reasonable administration costs which result from late or non-payment of Charges. Further information about any such fees will be posted on our Website.

5.9 You should keep your account details safe even if you're not using it. You're liable for all Charges incurred under this Agreement whether by you or anyone else (with or without your knowledge). You must pay the Charges to us or anyone else we ask you to pay on our behalf.

5.10 We require you to pay your Charges by direct debit unless we tell you otherwise. An additional Charge may apply if you don't pay by direct debit. We will set out the amount of any such charge on our Website. If you are paying by credit or debit card you authorise the payment card company to give us and, on a strictly confidential basis, to our sub-contractors and/or agents, details about your payment card account if it's necessary in connection with the Agreement. You also authorise them to let us know if your payment account is terminated or suspended at any time.

  1. What we expect of you

6.1 You must use the Equipment and the Service in the way described in any User Guides, or other instructions issued by us and in a responsible manner. You must use suitable Equipment or equipment for the Services you're trying to use. If you are a parent or guardian, you are responsible for the use of the Equipment and the Service by a child or vulnerable person in your care.

6.2 You agree:

(a) to give us any information you provide us or we reasonably ask for in relation to this Agreement and that any information you give us is factually correct and up-to-date;

(b) that we sometimes may need to send security information to your account and that you need to make sure that nobody else can use your credentials to access this kind of security information;

(c) to tell customer service as soon as possible by telephone or through the 'Contact Us' section of our Website if your Equipment is lost, stolen, damaged or destroyed or likely to be used in an unauthorised manner; and

(f) to cooperate with us in our reasonable security checks.

6.3 You must not use or permit anyone else to use the Service:

(a) fraudulently, in connection with a criminal offence, in breach of any law or statutory duty;

(b) to generate Artificially Inflated Traffic or in a way which may harm our System and/or affect the experience of other customers.

6.4 You agree that you are taking the Service solely for your own personal use and you are not allowed to re-sell our Services without our express permission.

  1. When we might disconnect your Service

7.1 We can, at our discretion and without notice suspend your access to the Service:

(a) if you do not comply with your obligations under paragraph 6 or any of the events set out in paragraph 8.1 occur;

(b) if you are abusive, make threats, repeatedly cause a nuisance or annoyance or otherwise act illegally towards our staff or property, or that of our agents; or

(d) If you do anything (or permit anyone else to do anything) which we reasonably think adversely impacts the Service to our other customers or may adversely affect our Service or reputation.

7.3 If we bar your Service because you break this Agreement, the Agreement will still continue. You must pay all Charges until the Agreement is correctly ended under paragraph 8.

  1. Ending the Agreement

8.1 As well as any other rights we have, we can end the Agreement and/or a Related Agreement at any time, with immediate effect if:

(a) you don't pay Charges when they are due;

(b) you break this Agreement and/or a Related Agreement in any other material way and you don't correct the situation within 7 days of us asking you to;

(c) we reasonably believe that the Service is being used in a way forbidden by paragraph 6, even if you don't know that the Service is being used in such a way;

(d) we reasonably believe that you are infringing or have infringed our Rights ;

(e) you are the subject of a bankruptcy order, or become insolvent, or make any arrangement with or for the benefit of creditors; or

(f) you refuse to return or unreasonably delay in returning any payment, refund or credit that has been made to you in error or for the incorrect amount.

8.2 This Agreement can be ended by either you or by us giving at least 30 days' Notice (in line with paragraph 19). Unless your statutory rights allow otherwise, you must pay us any outstanding Charges, including the Charges for this notice period.

8.3 Unless otherwise specified, if you end this Agreement during any Minimum Period or we end this Agreement under paragraph 8.1(a)-(e), you must pay us a fee of no more than each of the Monthly Subscription Charges up to the end of the Minimum Period. If you pay us the fee of no more than each of the Monthly Subscription Charges up to the end of that Minimum Period in a single payment, we may reduce the amount due by a rate determined by us. This doesn't apply if you end the Agreement for the one of reasons in paragraph 8.4 below.

8.4 You can end this Agreement by giving us: Notice (in line with paragraph 19) if:

(a) we break a material term of this Agreement which completely restricts our ability to provide you with the Service  and we don't correct it within 7 days of receiving your complaint;

(b) we go into liquidation or a receiver or administrator is appointed over our assets;

(c) we increase our Charges in a way that would allow you to end the Agreement under paragraph 5.3 and/or 5.4; or

(d) we change the terms of this Agreement to your significant disadvantage (which for the avoidance of doubt shall not include an increase in Charges for Additional Services, or an increase in Charges as set out in paragraphs 5.2, 5.3 or 5.4 (a) and (b)).

  1. Important – Your right to change your mind about the Service Agreement and Equipment

10.1 Unless we've said otherwise and if you purchased your Service directly from us (rather than one of our distributors), you can cancel this Service Agreement before the end of the 14 day Change-Your-Mind Period from the day after you receive your Kit. This is in addition to any statutory rights you may have. It applies as long as you give us notice within this period by calling customer service. 

10.2 Your Services may begin immediately.  You can use the Service during the Change-Your-Mind Period, but you will have to pay for the cost of any Charges incurred (including a daily rate to cover your Monthly Subscription Charges for the appropriate number of days you have the Service)

III – General Terms and Conditions

  1. These General terms and conditions are part of the Services Agreement that you've agreed to.

  2. Limitation of Liability

12.1 Unless specifically stated otherwise in any Relevant Agreement, we have no liability other than the duty to exercise the reasonable skill and care of a competent retailer. We don't accept liability for  losses which haven’t resulted naturally from our breach or which we could not have seen coming, or any loss of data, profits, business, costs, expenses, or any other form of financial loss. We will provide you with compensation that you are entitled to in accordance with your legal rights.

12.2 Nothing in this Agreement excludes or restricts the liability of either you or us for:

(a) death or personal injury resulting from negligence; or

(b) fraud or fraudulent misrepresentation.

12.3 If we're found to be liable to you our liability will not exceed £3,000 (except in either case under the paragraphs immediately above or below).

12.4 Nothing in this Agreement will exclude or restrict the liability of either you or us for any liability that can't be excluded or restricted by law.

12.5 Each of these paragraphs operates separately. If any of them is found by a Court to be unreasonable or inapplicable the other parts will still apply.

  1. Loss or Damage to your Equipment

13.1 If your Equipment is lost, stolen, damaged or destroyed you'll be responsible for any Charges incurred (except for in certain circumstances) until you've contacted us to tell us what's happened.

13.2 You'll be required to continue payments for the Charges relating to the Services Agreement even if your Equipment is stolen. This Agreement will continue until it's ended by you or us in line with paragraph 8.

  1. Things beyond our reasonable control

14.1 Except for the obligations under paragraphs 5, 6, 7, 12.1, and 12.2 if either of us can't do what we've promised because of something beyond our reasonable control (such as lightning, floods, exceptionally severe weather, fire, explosions, epidemics, war, civil disorder, industrial disputes, acts of terrorism, acts or omissions of others for whom we're not responsible (including other telecommunication providers), acts of local or central Government or other competent authorities), neither of us will be liable for this.

15 Assignment

15.1 You can't assign or transfer any of your rights under this Agreement to anyone else unless we agree in writing.

15.2 We can assign or transfer our rights and obligations under this Agreement or any part of it or a Related Agreement, on the same terms, to any third party.

16 Notices

16.1 If you want to end the Agreement for any of the reasons described in paragraph 8.2 or 8.4 (b), (c) and (d), you must call customer service and give us Notice of at least 30 days. If you want to end the Agreement under paragraph 8.4(a) you must give us written notice of at least 7 days.

16.2 Any other type of notice related to this Agreement must be:

(a) by you in writing and delivered by email, by hand or sent by pre-paid post, to us at the address on the website or be delivered through the 'Contact Us' section of our Website. You'll need to tell us your full name, address, and Sitename when sending notice through the 'Contact Us' section of the Website; and/or

(b) by us in writing by post or email to you at the most recent address you've given us (and you must keep us updated if your details change), or by SMS, Website notification or other method of written notification which we may reasonably use to communicate with you.

  1. Changes to the Agreement

17.1 We can make reasonable changes to this Agreement at any time. All changes will be posted on our Website. Please check regularly for updates.

17.2 If we change the terms and conditions of this Agreement to your significant disadvantage (in our reasonable opinion) we'll give you 30 days' Notice before the changes take place.

  1. How we use your information

18.1 Full information regarding our use of your information is described within our Privacy Policy available on our website.

  1. Is there anything else?

19.1 If either you or we choose not to, or delay in, enforcing any right or remedy under this Agreement this won't be a waiver of those rights or remedies. If you break this Agreement, and we choose to overlook it, we can still end this Agreement if you break it again and vice versa.

19.2 If you want to complain about our Service, contact customer services (details are on the "Contact Us" section of the Website or email info@howz.com). If you are still unhappy you can write for an impartial review to: Please include your Sitename if you write to us. 

19.3 Each of the paragraphs of the Agreement operates separately. If any of them are found by a Court to be unreasonable or inapplicable the others will still apply.

19.4 Third parties can't benefit from this Agreement or Related Agreements under The Contracts (Rights of Third Parties) Act 1999.

19.5 This Agreement is governed by English law and is subject to the exclusive jurisdiction of the English courts, which both you and we submit to.

  1. The Definitions

19.1 In this Agreement (including these General Terms):

"Additional Services" means extra services (i.e. not the Services you pay for as part of your Monthly Subscription Charges) that you may use or choose to take from us and/or third parties, which may or may not be covered by a Related Agreement, 

"Additional Services Charges" means charges for Additional Services;

"Agreement" means this agreement (which includes the Services Agreement, the Equipment Agreement (if relevant), the General Terms, our Privacy Policy and any other relevant terms specified on our Website). It also includes the details of your application for our Service;

"Approved Use" means use of Service in a way that doesn't infringe the Rights of others;

"Artificially Inflated Traffic" means calls, data or texts that result in patterns that are disproportionate to the overall type, amount, duration and/or extent of calls, data or texts which would be expected from good faith usage of our Services;

"Charges" means all the charges associated with Service(s) described in this Agreement, Related Agreements, our Tariff Terms, on our Website and in any marketing material, including Monthly Subscription Charge and Additional Services Charges;

"Change-Your-Mind Period" means the number of days you have to cancel your Agreement and/or return or swap your Equipment, which will be 14 days unless otherwise specified. Further details are set out in the repairs policy on our Website;

"Equipment" means the Smart Home Kit, sensors or any goods we supply to you under the Equipment Agreement;

“Kit” means the Smart Home Kit

"Minimum Period" means the minimum period for the Service selected by you and on which your Charges are based. This runs from the day on which the Service is first supplied (or from the day on which you take an upgrade) and may vary;

"Monthly Subscription Charges" means the fixed amount you pay on a monthly basis for the Services;

"Non-Return" means Equipment which we do not receive back or Equipment which is damaged, locked or disabled by security programmes or other software so that we are unable to check it for defects; not in its original packaging and/or lacking the required proof of purchase;

"Notice" means as further set out in paragraph 19, your call to give us notice to terminate in accordance with paragraph 19.1, or your letter or email to our customer services, as applicable; or our call, email, letter, SMS, Website notification, or other notification to you;

"Related Agreement(s)" means other terms and conditions which you separately agree to, under which we or our group companies agree to provide you with good(s) or service(s);

"Rights" means copyright, trademark and other relevant proprietary and intellectual property rights relating to Content;

"Service(s)" means any service that we provide to you under this Agreement. It may include any or all (as the case may be) of the following services: airtime service enabling access the Network (allowing you to make or receive calls and messages and to send and receive data) and any Additional Services we agree to provide to you;

"User Guide" means any guide(s) or documentation supplied with your Equipment either by us or by your Equipment's manufacturer that explains how to use the Service with your Equipment;

"Website" means our website at howz.com;

"We", "us", "our" or "Howz" means Intelesant Limited (trading as Howz), Unit 45 Greenheys Business Centre, Pencroft Way, Manchester, M15 6JJ.   Registered in England under Company number 08227235 and VAT number GB 156 9526 74; and

"You" means you, the customer who this Agreement is made with and includes any person that we reasonably believe is acting with your authority.