Alarm System Installation and Service Agreement [Legal Docs]

It is increasingly important to install an alarm system in the home, that is why we took our time to set forth the nature of engagement between the Company and the client. In this type of contract, a series of obligations must be respected by both parties.

The purpose of this contract is the provision or material delivery by the Security Company of a Security System and its installation for the purpose of service of Alarm Receiving Center, and subsequently the maintenance of the system in proper operation for the provision of the services contracted at the domicile (dwelling) of the contracting user.

The Private Security Regulation does not consider the installation activity as an activity with its own entity, nor as an independent service lease contract, since it links the installation of the security system to its maintenance when said security system or product is found linked to an Exploitation service through an Alarm Receiver Central.

When a person contracts with a security company what is commonly called an “alarm,” in reality, in most cases, several legal businesses are carried out:

1. The sale or lease of the security system against theft and intrusion

There is a standard type of clause approved by the Ministry of Interior to which security companies have to conform at least in their contractual relationships with customers. On the other hand, when it comes to the purchase and sale of the system, the rules of guarantee of the goods will be applicable to the lack of conformity with the product.

2. The installation of the security system against the risks of theft or intrusion.

In this case, we are facing a lease of work in which security companies must comply with the material requirements established by regulation by the Ministry of Interior. The aforementioned companies must have special diligence in the development of said installation service and must meet a series of formal requirements vis-à-vis the contracting user and must deliver:

• A document called Certificate of Installation and connection to the central alarm receiver.
• A System Installation Manual.

3. The maintenance of the security system.

It is a service lease. This activity of installation and maintenance of security systems against theft or even fire risks is no longer the exclusive patrimony of the Security Companies approved for said activity. Said maintenance service must be accredited by the Company against the user (compliance with the information duty):

• Delivering the Use and Maintenance Manual.
• Performing face-to-face reviews of the system (at least one year) and delivering in each one the Part of Revisions or Maintenance.

4. The operation through Central Alarm Receiver.

It is a service lease contract inexcusably linked to the maintenance service of the installed system, dedicated exclusively to the reception of the alarm signals emitted by the installed security system, when the user so voluntarily decides by activating it, and Treatment of said signals to determine their real or false origin through compliance with statutory procedures. To carry out such exploitation of the system, this will be necessary:

The formal accreditation that the electronic system or devices marketed by the Security Company for the provision of maintenance service and connection to the Alarm Receiving Center, present the relevant approvals as a system or set of elements capable of generating police intervention when is connected to an alarm center of a security company. This will be accredited through the Manufacturer or Producer Certificate.

The Execution by the Security Company approved for the said activity of installation and maintenance of security systems connected to the Alarm Receiving Center, of all the material and formal technical actions aimed at ensuring that the installation is carried out:

• It is adjusted as an electronic device to the legal requirements derived from the Industry and Telecommunications Regulations as applicable.
• It fulfills the preventive purpose against theft or intrusion to which it is intended without indiscriminately causing unjustified alarm breaks.

To achieve these objectives, it is essential that the installation company issues an Installation Project in which the design and evaluation of the risks covered are carried out.

Likewise, said Company must carry out the necessary technical checks carried out mainly through computer systems of the installation and maintenance company itself that allow direct and remote connection with the installed system and that imply validation of each one of the parameters, functionalities, and characteristics contemplated by the Private Security regulations to guarantee the correct functioning of the installed security system.

The Security Company is obliged to carry out all the necessary repairs in order to keep the security system in a state to serve for the use it has been intended to: guarantee the prevention and operation of the systems by detecting possible access to the interior of the house or protected premises.

Likewise, the security system must be delivered by the Security Company to the user with all its accessories and features, that is, not only with the technical and functional characteristics expressed at the time of signing the maintenance contract and connection to the Alarm Receiving Center.

The Security Company, through its technical personnel, must provide said services for both the installation and maintenance of the security system. The only training requirement demanded from said technical personnel installer and maintainer is the certificate issued by the Security Company to its worker with said category.

The figure of the Installation Project Manager (engineer who signs the Project) must be distinguished from that of the technical security personnel responsible for the execution of the maintenance service by signing the mandatory delivery document for the Company called the Maintenance Party. In both cases, the administrative and civil responsibility corresponds to the Security Company.

Obligations and rights of the parties to the maintenance contract:

Duty of confidentiality regarding the data provided by the user of the security service to the Company for better development of the contracted service, leaving the exceptions provided within the obligation of permanent collaboration imposed for the Companies and Security personnel.

Guarantees of uninterrupted service through the incorporation of functionalities linked to the security system that prevents the breakdown as damage that prevents total operation as well as communication with the user to adapt the system to the risks that affect the place of protection.

Duty of periodic information regarding the communication measures that the user must provide to the Company, in order to guarantee the correct functioning of the connection services to the Alarm Center, the permanent transmission of the installed and maintained systems.

Duty of periodic information regarding the content and scope of the contracted security services.
Execution of a Conservation and Maintenance Plan for each installed security system, with a distinction between the applicable maintenance classes in a preventive or corrective manner.

Performing a preventive maintenance properly linked to the planned bidirectional review as well as to the mandatory annual or quarterly review in person.

Performing corrective maintenance linked to the physical displacement of the technical personnel of the Security Company to the object of protection (face-to-face review due to breakdown).

With the above guide, certainly, we’ve explained in details all that has to be noted in order to agree and sign the alarm service agreement. 

Help from a lawyer

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