Terms of Business

Key commercial terms

1. About these terms

These Terms of Business apply to services and equipment supplied by Berry Smart Homes Ltd, a company registered in England and Wales under company number 17372150.

Berry Smart Homes is the trading and customer-facing name used by Berry Smart Homes Ltd.

A quotation, proposal, scope of work, order confirmation, variation or other written project document may contain additional terms specific to a particular project.

Where there is an inconsistency between these Terms of Business and a project-specific quotation expressly agreed by both parties, the project-specific quotation will take priority for that particular matter.

2. Definitions

In these Terms of Business:

• “Berry Smart Homes”, “Berry Smart Homes Ltd”, “we”, “us” or “our” means Berry Smart Homes Ltd, company number 17372150, registered in England and Wales.
• “Customer”, “you” or “your” means the person or organisation requesting, purchasing or receiving the services or equipment.
• “Consumer” means an individual acting wholly or mainly outside their trade, business, craft or profession.
• “Contract” means the agreement between you and Berry Smart Homes Ltd comprising the accepted quotation, these Terms of Business and any agreed written variations.
• “Quotation” means our written description of the proposed equipment, services, scope, assumptions, exclusions, price and payment arrangements.
• “Services” means consultation, survey, design, installation, configuration, integration, automation, testing, documentation, training, support or other work described in the quotation.
• “Equipment” means hardware, devices, cabling, accessories, software licences or other products supplied or installed as part of the project.
• “Customer-supplied equipment” means any device, computer, network component, cable, accessory, subscription or service supplied by you or by another third party.
• “Completion” means the point at which the agreed installation work has been substantially completed and the system is available for its agreed intended use, except for minor outstanding items that do not materially prevent normal use.
• “Variation” means an agreed change to the equipment, scope, specification, assumptions, timetable or price.

3. Scope of services

Berry Smart Homes provides smart home engineering and installation services, which may include:

• Home Assistant installation and configuration
• Smart home hub supply and setup
• Smart lighting integration
• Heating and occupancy automation
• Energy monitoring
• Dashboard configuration
• Zigbee, Matter and MQTT-related configuration
• Device integration and automation
• Backup and recovery configuration
• Customer training and handover
• Optional local AI or camera-related integrations where agreed

Only the equipment and services expressly listed in the accepted quotation are included in the Contract.

Anything not expressly listed is excluded unless subsequently agreed as a written Variation.

Berry Smart Homes is not providing regulated alarm monitoring, emergency response, police response, insurance-approved security certification or a guarantee that crime, fire, water damage, injury or other loss will be prevented, unless a future quotation expressly states otherwise and the relevant service is legally and professionally available.

4. Quotations

4.1 Quotation validity

Unless the quotation states a different period, a quotation is valid for 30 calendar days from its issue date.

After that period, we may withdraw, revise or reissue it, particularly where supplier prices, availability, travel costs or project requirements have changed.

4.2 Basis of quotation

Quotations are based on the information available when they are prepared, including information supplied by you and any observations made during a consultation or survey.

Unless expressly stated otherwise, a quotation assumes:

• Reasonable access to the property and work areas
• Safe and suitable existing electrical and network infrastructure
• Working internet access where required
• Compatibility of any customer-supplied equipment
• No concealed defects or unexpected structural obstacles
• No asbestos, hazardous materials or unsafe working conditions
• Work can be undertaken during the agreed attendance period
• Required customer decisions and access information are available

4.3 Estimates and provisional allowances

Where an amount is described as an estimate, allowance or provisional sum, it is not a guaranteed fixed price. The final amount may change according to the actual equipment, work or time reasonably required.

We will explain material changes and seek approval before carrying out additional chargeable work, except where immediate action is reasonably necessary to make the site or system safe.

4.4 Obvious errors

We may correct an obvious clerical, typographical or arithmetic error in a quotation. Where the correction materially changes the price or scope, you may decide not to proceed before work begins and any deposit will be dealt with in accordance with the cancellation terms.

5. Forming the Contract

A website enquiry, consultation request or initial discussion does not by itself create a Contract.

Unless otherwise agreed in writing, the Contract is formed when:

1. We issue a written quotation;
2. You confirm acceptance in writing;
3. You pay the required deposit; and
4. We confirm that the booking or project has been accepted.

We may decline a project before confirming acceptance, including where:

• The requested work is outside our capability or service scope
• The proposed equipment is unsuitable or unsupported
• The site presents an unreasonable safety or technical risk
• Required products are unavailable
• The requested timescale is not achievable
• The work would conflict with applicable law or good practice

No employee, supplier, subcontractor or other person may change the Contract unless they have authority to do so on behalf of Berry Smart Homes Ltd.

6. Deposit and booking

6.1 Deposit amount

Unless the quotation states otherwise, a deposit equal to 25% of the total quoted project price is required before the installation date or project slot is confirmed.

6.2 Purpose of the deposit

The deposit may be used toward:

• Reserving installation time
• Ordering equipment
• Project preparation
• Configuration work carried out before attendance
• Other reasonable costs incurred for the agreed project

6.3 Deposit treatment

The deposit forms part of the total Contract price and will be deducted from the final balance.

A deposit is not automatically non-refundable. If the Contract is cancelled, we will only retain or claim amounts that we are legally entitled to retain or recover, taking account of:

• Applicable consumer cancellation rights
• Equipment specially ordered or supplied
• Services already performed at your request
• Reasonable costs and actual losses resulting from cancellation
• Our duty to take reasonable steps to reduce avoidable losses

Full cancellation terms appear later in this document.

7. Surveys and site information

We may recommend or require a site survey before confirming the final scope, price or installation method.

A survey is based on areas and information reasonably visible or accessible at the time. It does not normally include invasive investigation, opening walls, lifting floors, testing concealed wiring or inspecting inaccessible voids unless specifically agreed.

Hidden or unexpected conditions may require a Variation. Examples include:

• Unsafe or defective electrical work
• Inadequate network coverage
• Unavailable power or network points
• Blocked cable routes
• Unexpected building construction
• Interference affecting wireless devices
• Undisclosed third-party systems or restrictions
• Existing equipment that is faulty or incompatible

You must provide complete and accurate information about the property, existing equipment, known faults, access restrictions and any other matter that may affect the work.

8. Customer responsibilities

You agree to:

• Provide safe, reasonable and timely access to the property and all relevant work areas.
• Ensure that an authorised adult is available when reasonably required.
• Tell us about known hazards, asbestos, fragile surfaces, concealed services, access restrictions or other relevant risks.
• Provide suitable electrical power, internet service, network access and working infrastructure where these are required for the agreed system.
• Obtain any landlord, freeholder, planning, building-control or other permission required for the work.
• Provide accurate device, account, property and compatibility information.
• Make timely decisions about equipment, positioning, appearance, functionality and other project choices.
• Keep children, pets and other persons away from active work areas where reasonably requested.
• Maintain suitable household insurance and any other insurance reasonably appropriate for the property.
• Follow reasonable operating, maintenance, backup and security instructions provided during handover.
• Avoid making unapproved changes to system configuration while work is in progress.

We are not responsible for delay, additional work or loss caused by inaccurate information, unavailable access, unsuitable infrastructure or failure to meet these responsibilities.

Any resulting additional work may be treated as a Variation and charged accordingly, provided the additional charge is reasonable and agreed where required.

9. Installation and configuration work

9.1 Standard of service

We will perform the Services with reasonable care and skill and in accordance with the agreed quotation, subject to any agreed Variations.

Installation and configuration methods will be selected using our professional judgement, taking account of the property, equipment, manufacturer instructions, compatibility, safety, reliability and long-term maintainability.

9.2 Installation dates

Any installation or completion date is an estimate unless the quotation expressly states that it is guaranteed.

We will make reasonable efforts to attend and complete the work within the agreed timetable, but timing may be affected by matters outside our reasonable control, including:

• Supplier delays or unavailable equipment
• Illness, emergency or severe weather
• Customer access or decision delays
• Unexpected technical or site conditions
• Third-party internet, cloud or software outages
• Delays caused by another contractor
• Changes to the agreed scope

Where a material delay occurs, we will communicate with you and seek to agree a revised date.

9.3 Access and working conditions

We may suspend or stop work where we reasonably believe that:

• The site or working conditions are unsafe
• Required access has not been provided
• Continuing would risk damage to people, property or equipment
• The requested work would breach applicable law or good practice
• The customer has materially breached the Contract

We will explain the reason where reasonably possible. Any additional attendance or work caused by circumstances outside our control may be chargeable where fair and reasonable.

9.4 Minor making good

Unless expressly included in the quotation, our work does not include decorating, plastering, carpentry, specialist building work or full cosmetic reinstatement.

We will take reasonable care when installing equipment. Minor marks, holes or disturbance that are reasonably necessary for the agreed installation may require separate making good or decoration.

9.5 Electrical and specialist work

Berry Smart Homes will only carry out electrical or other regulated work that it is legally and competently able to perform.

Where specialist electrical, building, networking or other work is required, we may:

• Exclude it from the quotation;
• Ask you to arrange an appropriately qualified contractor; or
• Arrange a suitable subcontractor where this has been expressly agreed.

10. Customer-supplied equipment

Where you ask us to install, configure or integrate customer-supplied equipment, we will work on a reasonable-efforts basis.

You are responsible for ensuring that customer-supplied equipment:

• Is lawfully owned and available for use
• Is complete and in suitable condition
• Includes required accessories, licences and power supplies
• Is supported by the relevant manufacturer or software provider
• Is compatible with the agreed system
• Has not been modified in a way that prevents safe installation

Unless we expressly agree otherwise in writing, we do not warrant:

• The condition of customer-supplied equipment
• Its remaining service life
• Its compatibility with other products or services
• The continued availability of third-party software or cloud access
• That every requested feature will be technically achievable

We are not responsible for a pre-existing fault, defect, malware infection, account restriction, unsupported firmware or other problem affecting customer-supplied equipment.

If customer-supplied equipment proves unsuitable, additional investigation, replacement equipment or repeat attendance may be treated as a chargeable Variation.

11. Equipment supplied by Berry Smart Homes

11.1 Product selection

We may recommend equipment based on the agreed requirements, compatibility information, supplier availability and our professional assessment at the time of quotation.

Where an exact product becomes unavailable, we will not substitute a materially different item without discussing the proposed change with you.

11.2 Ownership

To the extent permitted by law, ownership of equipment supplied by Berry Smart Homes will not pass to you until all sums due for that equipment and the associated Contract have been paid in full.

Risk of accidental loss or damage will pass in accordance with applicable consumer law and the circumstances of delivery or installation.

11.3 Product appearance and updates

Product images, descriptions and specifications may be provided for guidance. Manufacturers may change packaging, firmware, dimensions, interfaces or minor specifications without notice.

We will not knowingly supply a materially different product without informing you where the change affects the agreed function or value.

11.4 Third-party services

Some equipment may depend on third-party applications, subscriptions, accounts, cloud services, internet connectivity or manufacturer systems.

Unless expressly included in the quotation:

• Subscription charges are your responsibility
• You are responsible for maintaining required third-party accounts
• We do not control future third-party pricing, availability or service changes
• We cannot guarantee that a manufacturer will continue supporting a product indefinitely

12. Software, integrations and automations

Smart home systems may rely on open-source software, device firmware, manufacturer applications, network services, APIs and integrations supplied by third parties.

We will configure the agreed system using versions and integrations reasonably available and suitable at the time of installation.

Future updates by a manufacturer, software project or service provider may change compatibility, appearance or functionality. Resolving problems caused by a later third-party update is not automatically included in the original project price or the initial support period.

Automations are designed around agreed conditions and available device information. Their performance can be affected by:

• Device availability
• Wireless interference
• Network failure
• Power failure
• Changed customer settings
• Third-party outages
• Software or firmware updates
• Incorrect, delayed or unavailable sensor information

No automation should be treated as the sole means of protecting life, health, property or security unless a suitable specialist system has been separately designed and supplied for that purpose.

13. Changes and Variations

13.1 Customer-requested changes

You may request changes before or during the project. We will assess whether the change is practical and may provide a revised price, specification or timetable.

A requested change is not accepted until we confirm it in writing or otherwise clearly agree it with you.

13.2 Unexpected work

If unexpected conditions or compatibility issues require additional work or equipment, we will explain the issue and seek approval for a Variation before proceeding, except where immediate action is reasonably required to make the property, equipment or system safe.

13.3 Effect on price and timing

A Variation may change:

• The total Contract price
• The deposit or interim payment required
• The equipment specification
• The installation date
• The estimated completion date
• The included support or documentation

Where possible, agreed Variations will be recorded by email, quotation update or another written project record.

14. Delays, postponement and repeat attendance

Please give us as much notice as reasonably possible if an agreed appointment needs to be changed.

Where you postpone an appointment, prevent access or are not ready for the agreed work, we may charge reasonable costs directly caused by the change, including:

• Non-refundable supplier charges
• Special-order equipment costs
• Travel already undertaken
• Reasonable labour or preparation time already incurred
• Additional attendance reasonably required

Any charge will be proportionate to the actual circumstances and will not be used as an arbitrary penalty.

We may postpone an appointment because of illness, safety concerns, severe weather, equipment delays or another event outside our reasonable control. Where this happens, our normal remedy will be to offer a reasonable alternative date.

15. Prices, invoices and payment

15.1 Prices

The price payable is the amount stated in the accepted quotation, together with any agreed Variations.

The quotation will state whether VAT is included or applicable. Berry Smart Homes Ltd will not charge or represent that it charges VAT unless and until it is registered for VAT.

15.2 Deposit

Unless the quotation states otherwise, a 25% deposit is payable in accordance with section 6.

15.3 Final balance

Unless the quotation states otherwise, the remaining balance is due on Completion.

Minor outstanding items that do not materially prevent the agreed system from being used will not normally justify withholding the whole final balance. The parties should instead record the outstanding items and agree a reasonable plan for completing them.

15.4 Payment method

Payment must be made using a method shown on the invoice or otherwise agreed in writing.

You must use the invoice or quotation reference when requested so that the payment can be correctly identified.

15.5 Disputed amounts

If you genuinely dispute part of an invoice, you should notify us promptly and explain the reason.

You should pay any undisputed amount when due while we investigate the disputed portion.

15.6 Late payment

If payment is overdue, we may send reminders, suspend non-essential support or recovery work, and take reasonable steps to recover the debt.

We will not impose a consumer late-payment charge unless it is lawful, transparent, proportionate and has been brought to your attention.

16. Consumer cancellation rights

16.1 When statutory cancellation rights may apply

If you are a Consumer and the Contract is concluded entirely at a distance, such as by email or telephone, or is concluded away from our business premises, you may have a legal right to cancel.

For a service contract, the statutory cancellation period will normally end 14 days after the day on which the Contract is entered into, subject to the applicable law and any relevant exception.

Where the Contract includes goods, different timing rules may apply to those goods.

16.2 How to cancel during the statutory period

You may tell us clearly that you wish to cancel by emailing:

hello@berrysmarthomes.co.uk

Your notice should include:

• Your name
• Your address
• The quotation or project reference
• The date the Contract was accepted
• A clear statement that you wish to cancel

You may use the model cancellation form below, but you are not required to use it.

16.3 Starting work during the cancellation period

If you ask us to begin providing Services before the statutory cancellation period has expired, we will seek the express request or acknowledgement required by applicable law.

If you then cancel after Services have begun, you may be required to pay a proportionate amount for Services properly supplied up to the time you informed us of the cancellation.

If the Services have been fully performed during the cancellation period following the required express request and acknowledgement, the statutory right to cancel the completed service may be lost where the law allows.

16.4 Special-order and installed goods

The right to cancel may be limited or excluded for certain goods, including goods made to the customer’s specification or clearly personalised, where the applicable legal conditions are met.

The treatment of goods incorporated into an installation will depend on the type of Contract, the nature of the goods and applicable law. We will not rely on an exclusion unless it legally applies.

16.5 Refunds following statutory cancellation

Where you validly exercise a statutory right to cancel, we will make any refund due using the original payment method unless another method is expressly agreed.

We may deduct amounts that the law permits us to deduct, including a proportionate charge for Services supplied at your express request during the cancellation period.

17. Cancellation outside a statutory cancellation period

17.1 Cancellation by the Customer

You may ask to cancel the Contract after any statutory cancellation period has expired.

We will assess the financial effect of the cancellation fairly. We may retain or claim reasonable amounts for:

• Services already performed
• Project preparation already completed
• Equipment already ordered or supplied
• Non-refundable third-party charges
• Reasonable losses directly caused by the cancellation

We will take reasonable steps to reduce avoidable losses, including cancelling or returning equipment where reasonably possible.

We will not impose an arbitrary or disproportionate cancellation penalty.

17.2 Cancellation by Berry Smart Homes

We may cancel the Contract where:

• You commit a serious or repeated breach of the Contract
• You do not make a required payment after reasonable notice
• The site is unsafe
• The work becomes unlawful or technically impractical
• Required equipment becomes permanently unavailable
• An event outside our reasonable control makes performance impossible or unreasonably difficult

Where we cancel for a reason that is not your fault, we will refund any amount paid for equipment or Services not supplied.

Where cancellation results from your breach, we may deduct reasonable amounts for Services performed, equipment supplied and losses directly resulting from the breach, subject to applicable law.

18. Completion, testing and handover

At or around Completion, we will carry out reasonable checks relevant to the agreed scope.

Depending on the project, handover may include:

• A demonstration of key controls
• Basic customer training
• Confirmation of agreed user accounts
• Backup or recovery information
• Relevant operating notes or project documentation
• Identification of any known outstanding items

You should notify us promptly if the delivered system does not match the agreed quotation or if you identify a fault during handover.

Use of the system after Completion does not remove your statutory rights.

19. Workmanship and service quality

Berry Smart Homes Ltd will perform its Services with reasonable care and skill.

If our installation or configuration work does not meet that standard, you should notify us as soon as reasonably possible and provide enough information for us to investigate.

Where legally appropriate and reasonably practicable, we will be given an opportunity to inspect and repeat or correct the affected Service within a reasonable time and without significant inconvenience.

This section does not cover a fault caused by:

• Customer or third-party changes made after handover
• Misuse or accidental damage
• Failure to follow reasonable instructions
• A defective customer-supplied device
• Power, internet or network failure outside our control
• A later software, firmware or third-party service change
• Normal wear and tear

Nothing in these terms limits any remedy that a Consumer is entitled to receive under applicable law.

20. Hardware warranties

20.1 Manufacturer warranty

Equipment supplied by Berry Smart Homes is covered by the applicable manufacturer warranty, subject to the manufacturer’s terms, exclusions and warranty period.

We will provide reasonable assistance with a manufacturer warranty claim for equipment we supplied, where the claim arises within the included support period or where additional assistance is separately agreed.

20.2 Statutory rights

A manufacturer warranty is additional to, and does not replace, any statutory rights that apply to goods supplied to a Consumer.

20.3 Exclusions

A manufacturer or statutory remedy may not apply where a problem is caused by:

• Accidental damage
• Misuse or neglect
• Unauthorised modification
• Incorrect power supply
• Environmental damage
• Failure to follow manufacturer instructions
• Damage caused by third-party equipment

We do not provide a separate manufacturer-style product warranty for customer-supplied equipment.

21. Included post-installation support

21.1 Included period

Unless the quotation states otherwise, the project includes 30 calendar days of reasonable post-installation support beginning on the date of Completion.

21.2 Included support

The included support period is intended to cover reasonable questions and correction of issues directly connected with the agreed installation, such as:

• Clarification of normal system operation
• Minor configuration corrections
• Investigation of an apparent installation fault
• Reasonable assistance using the agreed dashboard or controls
• Correction of an agreed feature that was not configured properly

21.3 Not included

The following are not normally included in the 30-day support period:

• New devices or integrations
• New automations or changed requirements
• Redesign of an accepted dashboard
• Customer or third-party configuration changes
• Problems caused by customer-supplied equipment
• Internet or network faults outside the agreed installation scope
• Manufacturer or cloud-service outages
• On-site visits not caused by our installation work
• Problems resulting from software or firmware updates
• Training additional users not included in the quotation

21.4 Support method

Support will normally be provided remotely by email, telephone or an agreed remote-access method where appropriate.

An on-site visit will only be included where we reasonably determine that it is required to investigate or correct an issue for which we are responsible.

21.5 Support after 30 days

Work requested after the included support period may be provided:

• On a separately quoted basis;
• At an agreed call-out or hourly rate; or
• Under a future maintenance or support plan.

The expiry of the included support period does not remove any statutory rights or valid claim relating to the original Services or supplied goods.

22. Remote access, accounts and credentials

22.1 Customer authority

You authorise Berry Smart Homes to access, configure and test the accounts, devices, networks and systems reasonably required to perform the agreed Services.

You confirm that you have the authority to provide that access and that our work will not knowingly breach the rights of another person, landlord, employer, service provider or account holder.

22.2 Credentials

You should not send passwords or other sensitive credentials through an insecure method where a safer alternative is reasonably available.

Where temporary credentials are created for installation or support, you may be advised to change or remove them following Completion.

You are responsible for:

• Keeping your account credentials secure
• Using suitable passwords and multi-factor authentication
• Removing access from former household members or authorised users
• Updating credentials where compromise is suspected
• Maintaining access to account recovery methods

22.3 Remote support access

Remote access will only be used where it has been agreed or reasonably authorised for installation, investigation, maintenance or support.

Where practical, remote access will be limited to the systems and period reasonably required for the agreed purpose.

You may withdraw optional ongoing remote-access permission by contacting us, although doing so may limit our ability to provide remote support.

22.4 Customer changes

Changes made by you or another person after handover may affect the reliability, security or supportability of the system.

Investigation or correction of issues caused by unauthorised or undocumented changes may be chargeable.

23. Backups, recovery and customer data

23.1 Agreed backups

Where backup configuration is included in the quotation, we will configure the agreed backup method using the equipment, storage and services available at the time.

Unless an ongoing managed-backup service is expressly included, you remain responsible after handover for:

• Checking that backups continue to complete successfully
• Maintaining sufficient backup storage
• Protecting backup encryption keys and credentials
• Keeping suitable copies in appropriate locations
• Testing recovery where reasonably important

23.2 No absolute guarantee

No backup or storage system can guarantee that data will never be lost, corrupted, overwritten, stolen or made unavailable.

You should maintain separate copies of important data that is not readily replaceable.

23.3 Existing data

Before we work on customer-owned computers, storage devices or existing systems, you should create a suitable backup of important information.

We will take reasonable care, but we are not responsible for pre-existing corruption, previously lost information or an inadequate customer backup.

23.4 Recovery work

Data recovery, system reconstruction or restoration following a failure is only included where expressly stated in the quotation or where required to correct an issue for which Berry Smart Homes is responsible.

24. System security

Berry Smart Homes will take reasonable care when configuring the security-related elements included within the agreed scope.

Depending on the project, this may include:

• Using supported authentication methods
• Applying reasonable account-access controls
• Avoiding unnecessary public exposure of services
• Using secure remote-access methods where agreed
• Following reasonable manufacturer and platform guidance
• Documenting relevant customer responsibilities

Smart home and networked systems are exposed to changing technical risks. We do not guarantee that any system will be immune from unauthorised access, malware, software vulnerabilities, service disruption or user error.

Following handover, you are responsible for reasonable ongoing security measures, including:

• Protecting credentials
• Maintaining secure internet and network equipment
• Reviewing authorised users
• Installing appropriate updates
• Responding promptly to suspected compromise
• Not exposing services publicly without understanding the risk

Security monitoring, penetration testing, managed cybersecurity and guaranteed incident response are not included unless specifically stated in the quotation.

25. Cameras, sensors and monitoring features

Where a project includes cameras, microphones, occupancy detection, location information, access records or other monitoring features, you are responsible for ensuring that your use of those features is lawful and appropriate.

This may include responsibility for:

• Positioning devices appropriately
• Informing household members, visitors or workers where required
• Displaying appropriate signs where required
• Managing retention and access to recordings
• Respecting neighbouring properties and public areas
• Responding to requests relating to recorded personal information
• Obtaining specialist advice where necessary

Unless expressly agreed, Berry Smart Homes does not provide legal advice about surveillance, employment monitoring or data-protection compliance.

Detection systems, cameras and smart notifications may produce missed detections, delayed alerts or false alerts. They must not be treated as a guaranteed emergency, security or life-safety service.

26. Availability and performance

Smart home systems depend on equipment, electricity, networks, software and services that may occasionally fail or become unavailable.

We do not guarantee uninterrupted operation where performance depends on:

• Electricity supply
• Internet connectivity
• Local network equipment
• Wireless signal conditions
• Third-party cloud services
• Manufacturer servers or applications
• Open-source projects or integrations
• Customer-owned equipment
• Software, firmware or operating-system updates

Local-first design may reduce dependence on external services, but it does not remove every possible point of failure.

Where continuity is important, suitable manual controls, fail-safe operation or specialist backup systems should be retained or separately specified.

27. Third-party products and services

Third-party manufacturers, developers and service providers operate independently from Berry Smart Homes.

We are not responsible for a third party’s decision to:

• Change or discontinue a product
• Remove an integration or feature
• Introduce or increase a subscription fee
• Alter an application or user interface
• End software or security support
• Restrict an API or account
• Experience an outage or security incident

Where a later third-party change affects the agreed system, we may offer investigation, migration or alternative configuration as separately chargeable work.

This section does not remove any legal responsibility that Berry Smart Homes has for selecting or supplying equipment.

28. Intellectual property and documentation

28.1 Pre-existing materials

Berry Smart Homes Ltd retains ownership of its pre-existing business and engineering materials, including:

• Standards
• Templates
• Checklists
• Design methods
• Reusable configuration patterns
• Automation frameworks
• Training materials
• Branding and website content

28.2 Customer use

Once the applicable invoice has been paid, you may use project documentation and configuration supplied specifically for your property for the normal operation, maintenance and future development of that system.

This permission is for your personal or internal business use and does not transfer ownership of Berry Smart Homes Ltd’s reusable methods, templates or underlying intellectual property.

28.3 Third-party software

Open-source software, manufacturer software and other third-party materials remain subject to their own licences and terms.

28.4 Sharing documentation

You may share property-specific documentation with another professional where reasonably necessary to operate, maintain, repair or modify your system.

You may not sell, publish, commercially reproduce or present Berry Smart Homes Ltd’s general standards, templates or proprietary materials as your own without written permission.

29. Photographs, reviews and case studies

We will not publish photographs, identifiable property information, customer testimonials or project case studies for marketing purposes without appropriate permission.

Permission may be requested separately and may specify:

• Which photographs may be used
• Whether the customer or property may be identified
• Where the material may be published
• Whether the customer’s wording may be edited for length

Refusing marketing permission will not affect the Services supplied under the Contract.

30. Data protection and privacy

Berry Smart Homes Ltd will process personal information in accordance with applicable data-protection law and the Berry Smart Homes Privacy Notice.

Personal information may be used where reasonably necessary to:

• Respond to enquiries
• Prepare quotations
• Schedule and perform Services
• Manage accounts, invoices and payments
• Provide support
• Maintain appropriate project and business records
• Comply with legal obligations
• Establish, exercise or defend legal claims

Further information about the categories of information collected, purposes, lawful bases, retention, sharing and individual rights is available in our Privacy Notice.

Information about website cookies and similar technologies is available in our Cookie Notice.

31. Confidentiality

Each party should treat genuinely confidential technical, commercial and security-related information received from the other party with reasonable care.

Confidential information does not include information that:

• Is already publicly available through no breach of confidence
• Was lawfully known before disclosure
• Is lawfully received from another source
• Must be disclosed by law or a competent authority

We may disclose relevant information to an insurer, professional adviser, accountant, subcontractor, supplier or service provider where reasonably necessary and subject to appropriate obligations.

32. Subcontractors and suppliers

Berry Smart Homes Ltd may use appropriate suppliers, delivery companies, software providers, professional advisers or subcontractors in connection with a project.

Where we appoint a subcontractor to perform part of the agreed Services, Berry Smart Homes Ltd remains responsible for the performance of the Contract to the extent required by law.

A contractor appointed directly by you is not our subcontractor, and we are not responsible for that contractor’s work.

Where work depends on a customer-appointed contractor, delays or defects caused by that contractor may require a Variation or revised timetable.

33. Liability

33.1 Rights that are not limited

Nothing in these Terms of Business excludes or limits liability where it would be unlawful to do so.

In particular, nothing excludes or limits liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Breach of rights that cannot legally be excluded or restricted
• Any other liability that applicable law does not permit us to limit

33.2 Responsibility for foreseeable loss

Where you are a Consumer, Berry Smart Homes Ltd is responsible for loss or damage caused by our breach of the Contract that was reasonably foreseeable when the Contract was formed.

Loss or damage is foreseeable where it is an obvious consequence of the breach or where both parties knew that it might occur.

33.3 Matters outside our responsibility

Subject to section 33.1, we are not responsible for loss caused wholly by:

• A customer’s breach of these terms
• Incorrect or incomplete customer information
• Unauthorised customer or third-party changes
• A pre-existing defect
• Customer-supplied equipment
• Failure to follow reasonable instructions
• An event outside our reasonable control
• A third-party service failure that we could not reasonably prevent

33.4 Business customers

Where the Customer is acting wholly or mainly for business purposes, Berry Smart Homes Ltd will not be liable for indirect or consequential loss, loss of profit, loss of revenue, loss of business opportunity or loss of anticipated savings, except where such liability cannot legally be excluded.

Any separate financial limitation applicable to a business customer must be clearly stated in the quotation or another written agreement.

33.5 Property damage

We will take reasonable care while working at your property.

You must notify us promptly of any damage that you believe was caused by our work and allow us a reasonable opportunity to inspect the matter before repairs are undertaken, except where urgent action is reasonably required to prevent further damage or protect safety.

33.6 Consumer rights preserved

Nothing in this section reduces a Consumer’s statutory rights or remedies.

34. Events outside reasonable control

Neither party will be responsible for delay or failure caused by an event outside that party’s reasonable control.

Examples may include:

• Severe weather or flooding
• Fire or major property damage
• Widespread power, communications or internet failure
• Supplier or transport disruption
• Government restrictions
• Industrial action not limited to the affected party’s workforce
• Serious illness or emergency
• Cyber incidents affecting essential third-party infrastructure

The affected party must take reasonable steps to reduce the effect of the event and communicate any material delay.

If the event continues for an extended period and materially prevents performance, either party may discuss postponement, an alternative solution or cancellation.

Any refund or payment due following cancellation will reflect Services performed, equipment supplied, recoverable costs and applicable consumer law.

35. Complaints

We aim to resolve concerns professionally, fairly and without unnecessary delay.

In the first instance, please contact:

Please provide:

• Your name and contact details
• The quotation, invoice or project reference
• A clear description of the concern
• When the issue occurred
• Relevant photographs, screenshots or error messages
• The outcome you are seeking

We will acknowledge the complaint within a reasonable period, investigate the circumstances and provide a response as soon as reasonably practicable.

We may ask for remote access, diagnostic information or an opportunity to inspect the installation where reasonably necessary.

36. Alternative dispute resolution

If a Consumer complaint cannot be resolved through our internal complaints process, we will provide any information about an appropriate certified alternative dispute resolution provider that we are legally required to provide at that time.

Unless the quotation or a later notice expressly states otherwise, Berry Smart Homes Ltd is not currently committed to using a particular alternative dispute resolution provider.

Nothing in this section prevents either party from seeking independent advice or using the courts where appropriate.

37. Ending support or services

We may suspend or end optional support or further Services where:

• Payment remains overdue after reasonable notice
• Access necessary to provide support is refused
• The system has been materially altered by another person
• Continued work would be unsafe or unlawful
• There is abusive, threatening or inappropriate behaviour
• The requested work is outside the agreed scope or our capability

Ending optional support does not remove responsibilities relating to Services already supplied or any rights that cannot legally be excluded.

38. Communications and notices

Routine project communications may be sent by email, telephone, messaging service or another method agreed with you.

You are responsible for providing accurate contact information and notifying us if it changes.

Important notices relating to cancellation, complaints, payment or material Contract changes should be provided in writing, normally by email.

An email will normally be treated as received when it enters the recipient’s email system, provided that the sender does not receive a delivery-failure notice. This does not override any mandatory legal rule governing notices.

39. Transfer of the Contract

You may not transfer your rights or obligations under the Contract to another person without our written agreement, except where applicable law gives you the right to do so.

Berry Smart Homes Ltd may transfer the Contract as part of a legitimate business reorganisation, financing arrangement or sale, provided that your contractual and statutory rights are not materially prejudiced.

40. General contract terms

40.1 Entire agreement

The Contract comprises the accepted quotation, these Terms of Business and any agreed written Variations.

Nothing in this section excludes liability for fraud or prevents a Consumer from relying on information that forms part of the Contract under applicable law.

40.2 Severability

If a court or competent authority decides that part of the Contract is unlawful or unenforceable, the remaining provisions will continue to apply so far as legally possible.

40.3 No waiver

A delay in enforcing a right does not automatically mean that the right has been waived.

40.4 Third-party rights

Unless expressly stated otherwise, no person other than the Customer and Berry Smart Homes Ltd has the right to enforce the Contract.

40.5 Headings

Section headings are provided for convenience and do not change the meaning of the Contract.

40.6 Updates to these terms

We may update these website Terms of Business from time to time.

The terms applying to a particular project will normally be the version provided or made available when the Contract was formed, together with any changes subsequently agreed by both parties or required by law.

41. Governing law and courts

These Terms of Business and the Contract are governed by the law of England and Wales.

If you are a Consumer resident elsewhere in the United Kingdom, you retain the benefit of any mandatory legal protections that apply in the part of the United Kingdom where you live.

A Consumer may bring legal proceedings in the courts available under applicable consumer and jurisdiction law.

For a business Customer, the courts of England and Wales will have exclusive jurisdiction unless otherwise agreed in writing.

42. Service area

Berry Smart Homes normally provides on-site Services within Norfolk and Suffolk.

Work outside this area may be considered by separate quotation and may include additional travel time, mileage, accommodation or other reasonable expenses.

Remote consultations or support may be available outside the normal service area where appropriate.

43. Contact details

Questions about these Terms of Business or a proposed project may be sent to: