Hub Controls Terms of Service.
We know, we know. Terms of service are always so jargon filled and long to read. Basically, here’s where we set out all the the ‘legal bits’. Very important stuff (and only a little boring)!
Terms of service last updated: 8th November 2022
These terms of service, as amended from time to time (the “Conditions”) constitute the agreement for the provision of Hub Controls Products and Services between Hub Controls Ltd (“Hub Controls” or “We”) and the person requesting the Product (the “Customer” or “You”).
These are the terms of service on which we supply products to you, whether these are goods, services or digital content. Please read these terms of service as they will tell you what you need to know about the terms on which we will deal with each other following your purchase. If you set up a Hub Controls account or use any Hub Controls products you accept these Terms of Service.
General Terms of Service.
In these conditions, the words below have the following meanings:
- Additional Works means any works (whether undertaken prior to, during or after the Works) any Subcontractors or any other third party/parties undertake at the Premises which are outside the scope of the Works or any products or services not included in the Order.
- Agreement means the contract between You and Us, comprising the Order to which these Terms of Service apply. Order means the order you have placed with Us for the purchase of the Products and Services.
- Data Protection Legislation means all legislation relating to the processing and protection of Personal Data including the Irish Data Protection Acts 1988 to 2003, the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011, and from the 25 May 2018 the General Data Protection Regulation (EU 2016/679) and any relevant transposition, successor or replacement of those laws and any applicable guidelines or codes of practice.
- Price means the fee payable by you to Hub Controls in consideration for the provision of the Works (and/or the Additional Works, as applicable).
- Force Majeure means any event outside Hub Controls’ reasonable control, including but not limited to Acts of God, explosion, flood or other natural disaster, lightning, tempest, fire or other accident, war or threat of war, sabotage, insurrection, riot, invasion, terrorist attack or threat of terrorist attack, civil disturbance or disorder, industrial disputes, strikes and lockouts, acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental authority, import or export regulations or embargoes, defaults of suppliers or subcontractors, or any act or omission of any nature whatsoever on the part of the customer or its agents or any event or circumstance which would constitute force majeure under any applicable connection agreement, network or grid code.
- Party means Hub Controls or the Customer, and Parties shall be construed accordingly.
- Personal Data has the meaning set out in the Data Protection Legislation.
- Premises means the premises identified in the Order being the property at which the Works are to be carried out.
- Product means the product to be supplied by Hub Controls to you as referred to in Your order.
- Services means the services to be supplied by Hub Controls to you as set out in the Order.
- Subcontractors means the party or parties to whom Hub Controls may subcontract all or part of the Services.
- Terms and Conditions or Terms of Service means these conditions.
- Termination Date has the meaning given in Clause 8.1.
- Us or We means Hub Controls Ltd.
- VAT means value added tax at the applicable rate from time to time.
- Works means the technical installation of one Product at the Premises, to be carried out by Hub Controls.
- You means the person named on the Order.
In the event of inconsistency between these Conditions, the Order and the Consent, the following order of precedence shall prevail: a) the Order; b) the Consent; c) these Conditions; provided that nothing take precedence over Clause 4.1 of these Conditions.
The headings in these Conditions are for convenience only and will not affect how they are interpreted.
2.1. The Agreement constitutes the entire agreement between the parties. You acknowledge that You have not relied on any statement, promise or representation made or given by or on behalf of Us which is not set out in the Agreement.
2.2. These Conditions apply to the Agreement to the exclusion of any other terms that You seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3.1. Hub Controls (or its agent(s) or Subcontractor(s)) shall supply the Works to you in accordance with the Order in all material respects.
3.2. We shall have the right to make any changes to the Works which are necessary to comply with any applicable Laws and/or safety requirements, or which do not materially affect the nature or quality of the Works. We (or its Agents or Subcontractor) shall notify you in the event that any changes to the Works are required.
3.3. The Works shall be supplied in a good and workmanlike manner using all reasonable care and skill.
3.4. If Hub Controls considers that Additional Works are required or recommended, Hub Controls shall advise you as soon as possible. If we are in a position to undertake such Additional Works, we will provide you with an estimate of the time required to complete such Additional Works and the associated costs.
3.5. If Hub Controls discovers that there are issues which prevent Hub Controls from completing the Works, Hub Controls will notify you and you shall have the option to either:
- end the Agreement (in accordance with clause 8); or
- suspend the Agreement until such time as such issues are rectified. If such issues are not rectified within 6 months of the date that the issue arises either Party may terminate the Agreement.
4.1. You agree to make payment for the agreed amount.
4.2. We will charge VAT at the appropriate rate. All prices quoted are exclusive of VAT except where VAT is expressly stated to be included.
4.3. You shall pay all amounts due under the Agreement in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off or counterclaim against Hub Controls in order to justify withholding payment of any such amount in whole or in part.
4.4. If you fail to pay the full amount due for any or all of our services, the Hub Control, at Its sole discretion In accordance with applicable law, may suspend or disconnect any or all of the Services you receive.
4.5. If we are required to use a collection agency or solicitor to collect money owed by you, you agree to pay reasonable costs of collection. These costs Include but are not limited to any collection agency’s fees, reasonable solicitors’ fees, and arbitration or court costs.
5.1. You warrant that:
- you are the owner of the Premises or otherwise have legal authority to enter into the Agreement; and
- you have obtained and maintained all necessary licences, permissions, including planning permissions, and consents which may be required before the date on which the Works are to start.
5.2. You are obliged to:
- ensure that the terms or the Order and any information provided in the Order is complete and accurate;
- provide Hub Controls, our employees, agents, consultants (including quality assurance consultants) and Subcontractors with access to the Premises for all purposes in connection with the Works at all reasonable times and at any time in an emergency;
- provide Hub Controls with such information as we may reasonably require in order to supply the Works, and ensure that such information is accurate in all material respects;
- prepare the Premises for the supply of the Works; and
- abide by all instructions and advice issued by Hub Controls (or the Subcontractors) regarding the Works including but not limited to equipment and health and safety.
5.3. If Hub Controls’ performance of any of Hub Controls’ obligations under the Agreement is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (the “Customer Default”):
- Hub Controls shall without limiting our other rights or remedies have the right to suspend supply of the Works until you remedy the Customer Default, and to rely on the Customer Default to relieve Hub Controls from the performance of any of Hub Controls’ obligations to the extent that the Customer Default prevents or delays Hub Controls’ performance of any of our obligations; and
- Hub Controls shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations as set out in this Clause 5.3 caused by the Customer Default.
The Customer shall indemnify and hold harmless Hub Controls against all and any loss, damage, costs, expenses, charges, fees, claims or liability incurred by Hub Controls arising out of a breach of any of the warranties contained in Clause 5.1.
7.1. Neither Party shall be liable to the other for any failure to perform its obligations under the Agreement to the extent that such failure is due to the occurrence of an event of Force Majeure, save that the occurrence of an event of Force Majeure shall not excuse the Parties from any obligation to make payments of money under this Agreement.
7.2. All Works carry a twelve (12) month warranty, except in the case of a defective Product which carries a manufacturer’s warranty period in excess of 12 months. In this case the warranty period for the particular defective Product shall be the manufacturer’s warranty period. The manufacturer’s warranty period shall only apply to the particular defective Product and not to any works relating to that Product. If you have a warranty claim, please email support@hubcontrols.com.
7.3. Hub Controls will repair or replace any defective Product and/or remedy any defective Service free of charge if you notify Hub Controls during the warranty period. There will be no call-out charge applied in such circumstances. If you have any technical problems with the product itself please email support@hubcontrols.com.
7.4. Hub Controls’ sole liability, and your sole remedy, in contract, tort, or otherwise, shall be limited to the repair or replacement of defective Products and to the remedy of defective Services and Hub Controls’ liability shall be limited to the value of the Agreement. Hub Controls shall have no liability in inspect of Additional Works.
7.5. Without prejudice to Clause 7.4:
- Hub Controls will not be liable to you under the Agreement in contract, tort (including negligence) or otherwise for any indirect damages or economic loss;
- nothing in these Conditions shall limit or exclude Hub Controls’ liability for death or personal injury caused by our negligence, or the negligence of our employees, agents or Subcontractors;
- Furthermore, Hub Controls will not be liable for the failure of Hub Controller to function due to the quality of WiFi signal on your Premises. We will not accept liability due to the non-availability of, any interruptions to, or the quality of your WiFi service;
- Similarly, Hub Controls will not be responsible for:
- any costs, loss or damage as a result of not using Hub Controller in accordance with its guidelines or caused by issues with Your heating system, phone or internet connection;
- Any costs You incur as a result of exceeding broadband or mobile data plans;
- Providing a mobile phone, computer, tablet or similar connected device that is compatible with Hub Controller.
- Any loss or damage caused as a result of downloading or upgrading any Hub Controller-related software or firmware;
7.6. In extreme/very cold weather conditions insulating your loft and pipes may not prevent freezing and the consequences of same. Hub Controls accepts no liability for freezing of pipes or the loft arising out of extreme weather conditions.
7.7. Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement.
7.8. This clause 7 shall survive termination of the Agreement.
8.1. You may terminate the Agreement by giving Hub Controls 30 days notice. In the event that you terminate the Agreement you must pay Hub Controls (or its agent(s) or Subcontractor(s)) for any Works supplied up until the date on which the Agreement is terminated (the “Termination Date”) as well as any monies that Hub Controls owes third parties (including Subcontractors) in relation to the Works
8.2. Before starting the Works, Hub Controls may terminate the Agreement by giving you written notice if, for valid reason, Hub Controls cannot supply you with the Works. In this event We will refund to You all monies paid (if any) by You for the Product and no further charges will be made.
8.3. We may end the Agreement at any time if You are in breach of any of the terms and conditions of the Agreement, and fail to remedy that breach within 10 days of being requested to do so in writing. In this event You will be entitled to a refund of the cost of the Product if the Product is returned to us undamaged in its original packaging. However, We will be entitled to charge You the cost incurred by Us in attempting to deliver or install the Product.
8.4. If the Agreement is terminated pursuant to Clauses 8.1, 8.2 or 8.3 above, Hub Controls will be entitled to charge you:
- the cost to Hub Controls of all Works supplied up to the Termination Date;
- any additional monies we have paid or have committed to pay third parties in connection with the Works.
8.5. Before starting the Works, Hub Controls may terminate the Agreement by giving you written notice if, for valid reason, Hub Controls cannot supply you with the Works. In this event We will refund to You all monies paid (if any) by You for the Product and no further charges will be made.
8.6. All rights and liabilities, which accrued prior to termination and Clauses 4, 5.1, 6, 7, 9, 11, and 13 shall survive the termination of this Agreement.
9.1. To the extent that Hub Controls collects Personal Data from you in the course of performing its obligations under the Agreement, Hub Controls will process such Personal Data in accordance with the Data Protection Legislation, to administer your account, to provide our services and products and to comply with our duties under applicable law.
9.2. This data is used mainly to manage our relationship with you and for the provision of the Product installation and associated services. In addition, data relating to you may be used for health and safety, administration, risk assessment and credit checking purposes. Hub Controls may retain your data for a reasonable period after it has ceased to provide you with this service but will not keep it for any longer than is necessary and/or as required by law.
9.3. The purposes for which Hub Controls may process Personal Data include for the purposes of setting up, monitoring and managing your account, obtaining credit references, reporting to statutory authorities and regulators, billing, call data management and, depending on your preferences, direct marketing purposes, or for any other purpose deemed necessary in the reasonable opinion of Hub Controls. We may use information about You (including information on your use of the Product) for our own business purposes, including building up a profile of our customers, processing bills, processing orders, carrying out credit checks and carrying out market research.
9.4. Hub Controls may disclose your data to other agents who act on behalf of Hub Controls in connection with the activities referred to in Clause 9.2 above, including to any agent or third party service provider who Hub Controls may engage to assist us in the performance of the service. Such agents or third parties are only permitted to use your data as instructed by Hub Controls. They are also required to keep your data safe and secure.
9.5. You may request a copy of, or notify us of any changes to, your Personal Data by writing to us at the address set out in Clause 9.7 below and in accordance with our obligations under the DPL, we will update or delete your Personal Data accordingly. Any such data subject requests may be subject to a prescribed fee.
9.6. Occasionally you may speak to Hub Controls’ employees (or agents acting on Hub Controls’ behalf) by telephone. To ensure that Hub Controls provide a quality service your telephone conversations may be recorded. Hub Controls will treat the recorded information as confidential and it will only be used for training and/or quality control, account management and customer satisfaction purposes or any other purposes mentioned in this Agreement.
9.7. Details about how we use your data, and the rights you have in relation to your data, please refer to our Privacy Notice at www.thehubcontroller.com/privacy.html For further information, you may contact the Hub Controls Data Protection Officer at Hub Controls, Synergy Centre, ITT Dublin, Tallaght, D24 A386 or at privacy@hubcontrols.com.
10.1. You acknowledge and agree that We are entitled to any energy credits attributable to the installation of the Product in the Premises under the Irish Government’s Better Energy Scheme or any replacement or similar scheme and will execute any documents reasonably required Us to transfer such energy credits to Us.
11.1. You may make a complaint in relation to any issue arising under the Agreement by contacting the Customer Service of Hub Controls: By post, to the following address:
Hub Controls Ltd
Synergy Centre
IT Tallaght
D24 A386
Ireland
Email: sales@hubcontrols.com
12.1. The Agreement constitutes the entire agreement between the Parties and supersedes all previous agreements between the Parties in relation to the subject matter of the Agreement. Each Party acknowledges that it has not entered into the Agreement on the basis of any representation or warranty other than those set out herein. For the avoidance of doubt, any samples, drawings, descriptive matter or advertising issued by Hub Controls, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Works described in them. They shall not form part of the Agreement or any other contract between Hub Controls and you for the supply of the Works.
12.2. These Conditions apply to the Agreement to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
12.3. Any special conditions or extra time that we allow are limited to the specific circumstances in which they are given and do not affect our rights under the Agreement in any other way.
12.4. Hub Controls may assign the benefit of the Agreement or any part of it. You may assign the Agreement only with written consent of Hub Controls.
12.5. Any waiver under the Agreement must be in writing. No waiver of any power or right shall be construed as a waiver of any other power or right. A waiver of a breach will not operate or be construed as a waiver of any other or further breach.
12.6. The other Conditions will still apply if any competent authority considers that any of the Conditions are not valid or cannot be enforced.
12.7. If any court of competent jurisdiction declares any provision of the Agreement void, that provision will be severed and the remainder of the Agreement will remain in full force and effect. If any provision of the Agreement becomes invalid or unenforceable or requires variation as a result of any change in any Law or trading arrangements, this Agreement will be amended by agreement between the Parties, or failing such agreement, as determined by Hub Controls acting in good faith, in such a way as to give effect to the commercial intent of the Parties as set out in the Agreement.
12.8. The laws of Ireland will govern the Agreement and the Parties accept the non-exclusive jurisdiction of the courts of Ireland.
13.1. Nothing in these Conditions excludes or affects your statutory rights.
Hub Controls maintains the intellectual property rights, which include, without limitation design rights, content, copyright, content, patents etc.
All Hub Controls products are for personal use only and must not be resold.
Hub Controls Website Terms of Service.
By accessing this website we assume you accept these terms of service in full. Do not continue to use Hub Controls Ltd’s website if you do not accept all of the terms of service stated on this page. The following terminology applies to these Terms of Service, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms of service. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration or any other means, for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Ireland. Any use of the above terminology or other words in the singular, plural, capitalisation, and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Cookies.
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Licence.
Unless otherwise stated, Hub Controls Ltd and/or it’s licensors own the intellectual property rights for all material on Hub Controls Ltd. All intellectual property rights are reserved. You may view and/or print pages from www.hubcontrols.com and all associated domains for your own personal use subject to restrictions set in these terms of service. You must not:
- Republish material from www.hubcontrols.com and associated domains
- Sell, rent, or sub-license material from www.hubcontrols.com and associated domains
- Reproduce, duplicate or copy material from www.hubcontrols.com and associated domains
- Redistribute content from Hub Controls Ltd (unless content is specifically made for redistribution).
Reservation of Rights.
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms of service and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms of service.
Disclaimer.
To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose, and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- exclude or limit our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
