TERMS & CONDITIONS
Orders are accepted subject to the Conditions of Sale set out below.
- GENERAL. The "Company" means Meter Manager Ltd. The "Contract" means the contract agreed between
persons or a Company whose
order is accepted by the Company. The "Customer" means the person placing the order in their own
or on behalf of a Company.
All quotations are written and all orders are accepted subject to the following terms and
Variations and additions can only be
accepted in writing.
- PRICES. Prices exclude value added tax which will be added to each order at the current UK rate
applicable. Every effort will be made
to adhere to prices published in £ Sterling but the Company reserves the right to change prices
notice at any time. Prices of imported
goods may be subject to currency exchange fluctuations. Delivery charges will be at cost unless by
- PAYMENT. Payment by invoice must be within 30 days of receipt of goods unless otherwise agreed
- ORDERS. The Company reserves the right to refuse to supply any person or Company. Catalogues, price
lists and other advertising matter
are an indication of the goods offered and no particulars therein shall be binding on the Company.
Responsibility for ensuring that Goods are
suitable for a particular application is the Customer's unless stated in writing. The customer must
check the specific part number and
specifications of equipment received and ensure it is fit for purpose before installing. To avoid
duplication of verbal orders any confirmation by
post, facsimile or e-mail must clearly indicate 'Confirmation only'. Cancellation or partial
cancellation of orders for non standard, special build
items can only be cancelled by prior negotiation and agreement to indemnify the Company against
- SUB CONTRATORS. Where the company provides installation and testing services via sub contractors at
cost, services may be provided
directly by the sub contractors. In that case the sub contractor is the supplier of a service direct
the customer and is responsible for provision
of that service and may invoice the customer directly for the amount quoted via the Company.
- INSPECTION, SHORTAGES, DEFECTS. The goods or services supplied must be inspected on receipt and
notice of any defects or
discrepancies given within 7 days. Risk or damage to or loss of Goods will pass to the Customer when
signed for on receipt from the appointed
Courier. Software supplied must be checked for computer viruses before use.
- ON-LINE SERVICES TERM OF CONTRACT. Unless otherwise agreed in writing, on-line services are provided
a minimum period of
twelve months, paid for in advance. Subscription to on-line services continue until the account is
terminated either by the Company or after
written notice is given by the customer one month prior to the renewal date. Renewal dates are
the 1st of the month, 12 months after
month in which the contract commenced, regardless of the actual day the service began. The current
version of the MeterOnline End User
License Agreement contains also applies and contains the full details related to online services
- ON-LINE SERVICES PROVISION. Other than enabling SIM cards within 7 days and providing the
web portal at all times for the
use of customers on a best endeavour basis, it is the responsibility of the equipment installer to
and verify the operation of equipment, which
has remote reading capabilities, during the installation process. The current version of the
End User License Agreement contains
also applies and contains the full details related to online services.
- LIABILITY. The Company shall not be liable for any damage, loss or expense resulting from the
give advice or information or the
giving of incorrect advice or information whether or not due to the negligence of the Company, its
employees agents or subcontractors. These
Conditions of Sale set out the entire liability of the Company to the Customer in respect of the
and shall be in lieu and to the exclusion of
all other warranties, conditions, and other terms implied by statute or common law save for any
terms which by law cannot be excluded.
Nothing in these Conditions of Sale excludes or limits the liability of the Company for death or
personal injury caused by the Company's
negligence or fraudulent misrepresentation. The Company's total liability in contract, tort
negligence or breach of statutory duty),
misrepresentation or otherwise shall be limited to repairing, replacing or at the Company's option
refunding monies already paid in respect of the
Goods. The Company shall not be liable to the Customer for any indirect or consequential loss or
(whether for loss of profit, loss of
business, depletion of goodwill or otherwise) costs, expenses or other claims for consequential
compensation whatsoever (whether caused by
the negligence of the Company, its employees, agents or subcontractors) which arise out of or in
connection with any Contract.
- GUARANTEE. The Company will transfer to the Customer the benefit of any warranty or guarantee given
- COURIER DELIVERY. Provided the Customer can prove late or non-delivery beyond the control of the
Company then the Customers
account will be credited with the delivery cost.
- LEGAL CONSTRUCTION. All contracts shall be governed by and interpreted in accordance with English
- FORCE MAJEURE. If the Company is prevented from adhering to the contract due to reasons beyond
of the Company then the
Company may delay or cancel the contract and shall not be responsible for the delay or inability to
deliver. Every effort will be made to complete
the contract but the Company shall not be held responsible for delay or inability to deliver.
MeterOnline services are provided via a customer online account. There is no charge for the account setup, the subscription is per meter and is charged as a single item including any associated mobile phone account charges. Accounts can support from one to an unlimited number of meters.
MeterOnline services are provided in accordance with the current list of available services and tariffs as shown online. Examples are shown below but please refer to the details of the specific service to be purchased when selecting online.
MOL Monthly – One read per month
MOL Weekly – One read per week
MOL Daily NP – One read per day
MOL Daily with HH – Daily kWh total reads plus (day+1) half hourly kW data
The contract period is usually 12 months and a single payment is made in advance. Discounted, contracts are also available covering longer periods.
MeterOnline services include the use of the MeterOnline web portal for meter management, data collection and analysis. Basic functionality includes spreadsheet views of all meter readings, automatic export of meter data, automatic alerts plus readings on request. The portal also offers other features which are available to all users.
When meters are added to the customer’s account, activation of the associated SIM card begins, this is usually completed within 7 days at which point remote readings may be taken.
Note that it is the responsibility of the meter installer to ensure that the remote communications are tested and working while on site.
The MeterOnline policy is to develop and improve the service in accordance with the general requirements of the subscribers. The reliability of the service and our commitment has been demonstrated by its continuous operation and development since 2005.
Meter Manager Software (MeterOnline) – End User Licence Agreement
IMPORTANT-READ CAREFULLY: This End User License Agreement (this 'EULA') contains the terms and conditions regarding your use of the SOFTWARE (as defined below). This EULA contains material limitations to your rights in that regard. You should read this EULA carefully and treat it as valuable property.
A THIS EULA
Software Covered by this EULA. This EULA governs your use of the Meter Manager Limited ('METER MANAGER') product(s) enclosed or otherwise accompanied herewith (individually and collectively, the 'SOFTWARE'). The term 'SOFTWARE' includes to the extent provided by METER MANAGER: (a) any revisions updates and/or upgrades thereto; (b) any data, images or executable files, databases, data engines, computer software, or similar items customarily used or distributed with computer software products; (c) anything in any form whatsoever intended to be used with or in conjunction with the SOFTWARE; and (d) any associated media, documentation (including physical, electronic and on-line) and printed materials (the 'Documentation').
This EULA is a Legally Binding Agreement Between You and METER MANAGER. If you are acting as an agent of a company or other legal person, such as an officer or other employee acting for your employer, then 'you' and 'your' mean your principal, the entity or other legal person for whom you are acting. However, importantly, even if you are acting as an agent for another, you may still be personally liable for violation of laws such as copyright infringement.
This EULA is a legally binding agreement between you and METER MANAGER. You intend to be legally bound to this EULA to the same extent as if METER MANAGER and you physically signed this EULA. By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms and conditions contained in this EULA. If you do not agree to all of the terms and conditions contained in this EULA, you may not install or use the SOFTWARE and if, for whatever reason, installation has begun or has been completed on your behalf, you should un-install the SOFTWARE.
B INTELLECTUAL PROPERTY
Copyright. You agree that all right, title, and interest in and to the SOFTWARE (including, but not limited to, any images, photographs, animations, video, audio, music, text, and 'applets' incorporated into the SOFTWARE), and any copies of the SOFTWARE, and any copyrights and other intellectual property therein or related are owned exclusively by METER MANAGER except to the limited extent that METER MANAGER may be the rightful license holder of certain third-party technologies incorporated into the SOFTWARE. The SOFTWARE is protected by copyright laws and intellectual treaty provisions. The SOFTWARE is licensed to you, and not sold to you. METER MANAGER reserves all rights not otherwise expressly and specifically granted to you in this EULA.
Limitations on reverse engineering, decompilation, and disassembly. You may not alter, assign, modify, create derivative works, reverse engineer, decompile, or disassemble the SOFTWARE.
3. Termination. Without prejudice to any other rights it may have, METER MANAGER may terminate this EULA and the Licenses if you fail to comply with the terms and conditions contained herein. In such an event, you must destroy all copies of the SOFTWARE and all of its component parts including all media and documentation.
C LIMITED LIABILITIES
Liabilities. In no event shall METER MANAGER be liable for any damages whatsoever (including, without limitation, damages for loss of business profit, business interruption, loss of business information, loss of contracts, or for any financial or economic loss or for any damages or losses, special, direct, indirect or consequential loss or damages whatsoever) arising out of the use or inability to use the SOFTWARE, even if METER MANAGER has been advised of the possibility of such damages.
Use of SOFTWARE. The data available through this SOFTWARE does not constitute advice or the making of any recommendation and the content or output of this SOFTWARE should not be relied upon as the basis for any decision or action. We exclude to the fullest extent permitted by law any and all liability for any direct, indirect or consequential loss or damage arising as a result of access to and use of the SOFTWARE, reliance on the content contained on them or as a result of the SOFTWARE being unavailable.
Use of Data. The use of information obtained from the SOFTWARE is at your sole discretion and risk.
D HOSTED SERVICES
Virus Prevention. We take reasonable precautions to prevent viruses and malicious code in this service, but you are responsible for ensuring that anything downloaded from this service is suitable for use and is free from viruses and malicious code. We exclude to the fullest extent permitted by law and all liability that may arise in connection with or as a result of any failure to do so.
Access by You. You are responsible for making all arrangements necessary to have access to this service.
Termination. We have the right to terminate your use of this service at any time if you are in breach of this EULA. You shall provide written notice of termination one month prior to the end of any subscription period. Upon termination any sim card used in the provision of the terminated service may no longer be used.
System Availability. We shall not be liable for any breach of this EULA or any failure to provide or delay in providing access to the service resulting from any event or circumstance beyond our reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access or other technical equipment including hardware, software, fire, explosion or accident.
This is the Entire Agreement. This EULA (including any addendum or amendment to this EULA included with the SOFTWARE) is the final, complete and exclusive statement of the entire agreement between you and METER MANAGER. This EULA supersedes any prior and contemporaneous proposals, purchase orders, advertisements, and all other communications in relation to the subject matter of this EULA, whether oral or written. No terms or conditions, other than those contained in this EULA, and no other understanding or agreement which in any way modifies these terms and conditions, shall be binding upon the parties unless entered into in writing.
Right to Change EULA. We reserve the right to change any part of this service or the EULA at any time without notice.
You Indemnify METER MANAGER. You agree to indemnify, hold harmless, and defend METER MANAGER and its suppliers and resellers from and against any and all claims or lawsuits, including legal fees, that arise or result from this EULA.
Interpretation of this EULA. If for any reason a court of competent jurisdiction finds any provision of this EULA, or any portion thereof, to be unenforceable, that provision of this EULA will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this EULA will continue in full force and effect. Formative of defined terms shall have the same meaning of the defined term. Failure by either party to enforce any provision of this EULA will not be deemed a waiver of future enforcement of that or any other provision. This EULA is governed by the laws of England. The parties consent to the personal jurisdiction and venue of England, and agree that any legal proceeding arising out of the EULA shall be conducted in England.