Terms and conditions

These Terms and Conditions (the “Terms”) apply to all goods and services supplied by Mguard Pro Sdn Bhd (Company No. registration number) (“Mguard Pro”, “we”, “us” or “our”) and to your use of our website.

The Terms form part of every quotation, order confirmation, invoice and service agreement we issue. You accept them when you do any of the following:

• (a)accept our quotation in writing, including by email or messaging app;
• (b)place an order or pay a deposit;
• (c)allow us to start work at your premises; or
• (d)continue to use our website.

If documents conflict, they apply in this order: a written agreement signed by both of us, then our quotation, then these Terms.

Terms printed on or attached to your purchase order or other documents do not apply unless we agree to them in writing.

We may update these Terms from time to time. The version in force when you place an order applies to that order. For ongoing maintenance or monitoring services, we will give you at least 30 days’ notice of any change that affects you.

A Quotation is valid for 30 days from its date unless it states otherwise. We may withdraw or revise it before you accept.

A Contract is formed when we confirm your order in writing or receive your deposit, whichever happens first.

Each Quotation is based on the information you give us and on what we can see during our site survey. If conditions at the Site turn out to be different, for example hidden obstructions, longer cable runs or work at height that needs special access equipment, we will tell you and agree any change in price before continuing.

Any change to the agreed scope must be confirmed in writing. Changes may affect the price and the completion date.

Pictures, drawings and specifications in our brochures and on our website are for illustration. If an item becomes unavailable, we may supply an alternative of equal or better specification after informing you.

Prices are in Ringgit Malaysia. Unless the Quotation or our website states otherwise, they exclude Sales and Service Tax and any other applicable tax, which will be added at the prevailing rate.

Unless the Quotation states otherwise:

• (a)for supply and installation, a deposit of 50% is payable on confirmation and the balance on completion and handover;
• (b)for supply only, including Hammerglass Products, payment in full is due before delivery;
• (c)maintenance and monitoring fees are payable in advance for each billing period; and
• (d)business customers with an approved credit account must pay each invoice within 30 days of its date.

If payment is late, we may:

• (a)charge interest on the overdue amount at 1.5% per month, calculated daily until payment;
• (b)suspend work, warranty service, maintenance or monitoring after giving you 7 days’ written notice; and
• (c)recover our reasonable costs of collecting the debt.

Business customers must pay in full without set-off or deduction.

We issue invoices and e-invoices in the form required by the Inland Revenue Board of Malaysia. You agree to give us the details we need to do so.

We will carry out the Services with reasonable care and skill, using trained personnel.

Delivery and completion dates are estimates. We will make reasonable efforts to meet them but they are not guaranteed.

You agree to:

• (a)give us safe and clear access to the Site at the agreed times;
• (b)provide the power supply, internet connection and network details the system needs;
• (c)obtain any approval required from your landlord, building management, joint management body or local authority before work starts;
• (d)tell us about concealed wiring, pipes or other hazards you know of;
• (e)have an authorised adult present during the work; and
• (f)move furniture and secure valuables in the work area.

If we attend and cannot work because the Site is not ready or access is refused, we may charge for the wasted visit at our standard rates.

Unless the Quotation says otherwise, our price covers surface-run cabling in trunking or conduit. It does not cover concealed wiring, hacking, making good, painting, ceiling repair, new power points or other electrical work, civil work, or scaffolding and lifting equipment.

Installation involves drilling and fixing to walls and ceilings. We take reasonable care, but we are not responsible for minor cosmetic marks that cannot reasonably be avoided, or for damage to concealed services that you did not tell us about, unless caused by our negligence.

Camera positions and coverage are agreed with you. You are responsible for confirming that the areas viewed suit your needs and are lawful to monitor.

We may use subcontractors. We remain responsible to you for their work.

Risk of loss or damage passes to you when goods are delivered to the Site.

Ownership of goods passes to you only when we have received payment in full. Until then, you must keep them in good condition and must not sell, pledge or remove them. If payment remains overdue, we may enter the Site, on reasonable notice, to recover them.

Equipment we rent or lend to you remains our property at all times.

Please check goods on delivery and tell us in writing within 3 days of any shortage or visible damage.

When installation is complete, we will test the system, show you how to use it and ask you to sign a handover form.

The system is treated as accepted when you sign the handover form, start using the system, or do not report a defect within 7 days after completion, whichever happens first.

Minor defects that do not affect normal use are not a reason to refuse handover or withhold payment. We will fix them within a reasonable time.

At handover we will give you the passwords for the system. You must change any default password and keep all passwords secure.

Equipment carries the warranty stated in the Quotation or on the product page of our website. We will handle warranty claims with the manufacturer on your behalf.

We warrant our installation workmanship for 12 months from handover.

If a valid warranty claim is made, we will repair or replace the defective item or re-do the defective work, or refund the price of that item if repair or replacement is not practical.

The warranty does not cover faults caused by:

• (a)lightning, power surge, flood, fire or water ingress not caused by our workmanship;
• (b)pests, accident, misuse, neglect or vandalism;
• (c)repair, relocation or modification by anyone other than us;
• (d)problems with your internet connection, network, router or power supply;
• (e)normal wear and tear, or consumables such as batteries; or
• (f)removal or defacing of serial numbers or warranty labels.

Site visits for faults that are not covered by warranty are charged at our standard rates.

We are not responsible for loss of recorded footage or other stored data. Please back up any footage that is important to you.

Warranty service may be withheld while any payment for the goods or Services concerned is overdue.

Hammerglass Products are covered by clause 11, not this clause.

The scope of a maintenance contract, including the number of preventive visits, remote support and call-outs, is set out in the service agreement or Quotation.

Unless stated otherwise, a maintenance contract runs for 12 months. We will send you a renewal notice before it ends. It renews for a further period of the same length unless either of us gives at least 30 days’ written notice before the expiry date. Fees may be revised at renewal, and the new fee will be stated in the renewal notice.

Response times are targets within Working Hours and are not guaranteed.

Unless the service agreement says otherwise, the contract does not include:

• (a)replacement parts and Equipment;
• (b)equipment not supplied by us, unless we have inspected and accepted it;
• (c)relocation, upgrades or additions to the system; or
• (d)faults arising from the causes listed in clause 8.4.

You agree to report faults promptly, give us access to the Site and, where needed, allow remote access to the system.

Service calls outside a maintenance contract are charged at our prevailing rates for transport, labour and parts.

Under a monitoring service, we or our appointed monitoring partner receive alarm signals or video alerts from your system and follow the response procedure agreed with you, such as checking the alert and notifying your named contacts.

Monitoring does not include security guards, patrols or attendance at the Site unless we agree this in writing. Any guard or response service will be provided only by a provider licensed under the Private Agencies Act 1971 and under a separate agreement. We cannot guarantee that the police or other emergency services will attend, or how quickly.

Monitoring depends on your power supply, internet connection, mobile networks and third-party platforms. Signals may be delayed or may not reach us if any of these fail. We are not responsible for failures outside our reasonable control.

You agree to:

• (a)keep your contact list and keyholder details up to date;
• (b)arm the system and test it regularly;
• (c)tell us about changes at the Site that may affect the system;
• (d)keep the system maintained and in working order; and
• (e)take reasonable steps to avoid false alarms.

If false alarms are frequent, we may, after informing you, charge for the extra work or pause monitoring of the affected zone until the cause is fixed.

You authorise our monitoring personnel to view live and recorded images from your system for the purpose of providing the service.

We may keep records of alerts, calls and actions taken for 90 days, or longer where required by law or needed for a dispute.

The minimum term and fees are stated in the Quotation or service agreement. After the minimum term, either of us may end the service by giving 30 days’ written notice.

We supply Hammerglass Products as a distributor. They are manufactured by Hammerglass AB. We do not manufacture, modify or test them.

Specifications, test classifications and performance data for Hammerglass Products come from the manufacturer. We pass this information on in good faith and have not verified it independently.

Hammerglass Products are covered by the manufacturer’s warranty, on the manufacturer’s terms. We will help you submit a warranty claim. We do not give any additional warranty of our own, other than rights you have by law that cannot be excluded.

You are responsible for confirming that the product type, thickness and classification you order suit your intended use. Any recommendation we give is general guidance based on the manufacturer’s information. For building projects, you should confirm suitability with your architect, engineer or other consultant.

Products cut or made to your measurements cannot be cancelled or returned once the order is confirmed, unless they are defective. You are responsible for the accuracy of any measurements you give us.

Unless the Quotation expressly includes installation, we supply the products only. Installation must be carried out by competent installers following the manufacturer’s instructions. We are not responsible for frames, fixings, structures or installation work done by others.

The products must be cleaned and maintained as the manufacturer directs. Damage caused by unsuitable cleaning materials or methods is not covered.

Hammerglass Products are designed to resist and delay impact and forced entry. No glazing product can guarantee that entry or damage will be prevented in every case.

Hammerglass Products are imported. Delivery dates are estimates and depend on the manufacturer, shipping and customs clearance.

Mobile apps, cloud storage, firmware and remote viewing services are provided by the Equipment manufacturer or other third parties under their own terms. We do not control them, and their features may change or be withdrawn.

Your internet connection, router, data charges and any subscription fees for third-party services are your responsibility.

You are responsible for the security of your system once it is handed over. This includes using strong passwords, limiting who has access and keeping firmware up to date. We are not liable for unauthorised access that results from weak passwords, shared login details or an insecure network, unless caused by our negligence.

Software supplied with the Equipment is licensed, not sold, on the manufacturer’s licence terms.

We collect and use your personal data, such as your name, contact details, Site address and payment details, to prepare quotations, supply goods and Services, provide support and issue invoices. We do so in line with the Personal Data Protection Act 2010 (“PDPA”) and our Privacy Notice.

You own and operate your system and decide how it is used. If you use it in the course of a business or other commercial activity, you are the party responsible under the PDPA for the footage and other personal data it captures. This includes displaying clear CCTV notices, limiting who can view footage, keeping footage only as long as needed and handling requests from the people recorded.

You must not use the system:

• (a)in places where people reasonably expect privacy, such as toilets and changing rooms;
• (b)to deliberately view the inside of neighbouring homes or premises; or
• (c)for any unlawful purpose, including unlawful audio recording.

We may refuse to install or configure the system in a way that we believe is unlawful.

If you use fingerprint, face recognition or other biometric access control, you are responsible for informing the people enrolled and obtaining any consent the law requires.

When we access your system, footage or user records during installation, maintenance, remote support or monitoring, we do so only to provide the Services, keep what we see confidential and apply reasonable security measures.

Requests from the police or other authorities for footage from your system are for you to handle. We can help you retrieve footage on request, which may be chargeable, and we will comply with any lawful order addressed to us.

Security systems, monitoring services and protective glazing are designed to deter and to help detect incidents. They cannot prevent every incident. We are not an insurer, and our prices do not reflect the value of your property. You should keep adequate insurance for your premises, contents and business.

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot be limited or excluded by law. If you are a Consumer, nothing in these Terms affects the guarantees and rights you have under the Consumer Protection Act 1999.

Subject to clause 14.2, we are not liable for:

• (a)loss or damage caused by burglary, theft, robbery, trespass, vandalism, fire or any other act of a third party, whether or not the system or product operated as intended;
• (b)loss of profit, revenue, business, goodwill, data or recorded footage;
• (c)indirect or consequential loss;
• (d)failure or interruption of power, telecommunications, internet or third-party platforms; or
• (e)the acts or omissions of the police, emergency services or other third parties.

Subject to clause 14.2, our total liability under a Contract is limited to the amount you paid for the goods or Services that gave rise to the claim. For maintenance and monitoring services, the limit is the fees you paid for that service in the 12 months before the claim arose.

Please tell us in writing about any claim as soon as reasonably possible, and in any case within 30 days of becoming aware of it, so that we can investigate.

You agree to compensate us for any claim, loss or cost we suffer because of:

• (a)your unlawful use of the system, including any breach of privacy or data protection law;
• (b)your failure to obtain an approval or consent you were responsible for; or
• (c)inaccurate information or measurements you gave us.

If you cancel before we have ordered goods or started work, we will refund your deposit less our reasonable costs already incurred, such as site survey and design.

If you cancel after that point, you must pay for work done, goods ordered or delivered and any costs we cannot cancel. Your deposit will be applied to these amounts.

Custom, cut-to-size and special-order items, including made-to-measure Hammerglass Products, cannot be cancelled or returned once ordered, unless defective.

Standard goods that are unused and in their original packaging may be returned within 7 days of delivery with our prior approval. Please contact us before returning any item. A restocking fee of up to 20% may apply. Goods that have been installed cannot be returned unless defective.

Defective goods are dealt with under the warranty in clause 8 or clause 11 and under your rights at law.

Approved refunds are paid within 14 working days using the original payment method where possible.

Either of us may end a Contract by written notice if the other commits a serious breach and does not put it right within 14 days of being asked in writing, or becomes insolvent.

We may suspend the Services if payment is overdue, if the Site is unsafe, or if we reasonably believe the system is being used unlawfully.

If you end a fixed-term maintenance or monitoring contract early without our being in breach, you must pay the early termination charge stated in the service agreement. If none is stated, you must pay a reasonable amount reflecting our loss, which will not exceed the fees for the remainder of the term.

When a Contract ends, you must pay all amounts due and return any equipment that belongs to us. Clauses that are meant to continue, such as those on payment, liability and confidentiality, remain in force.

Neither of us is liable for delay or failure caused by events outside our reasonable control. Examples include floods, storms, lightning, fire, epidemics, government orders, supplier shortages, shipping delays, strikes, and utility or network outages. This does not apply to your obligation to pay for goods and Services already supplied.

If such an event continues for more than 60 days, either of us may cancel the affected part of the Contract by written notice. You will pay for work done and goods delivered up to that date.

Our proposals, drawings, system designs and layouts remain our property. You may use them to operate and maintain your system but must not pass them to third parties to obtain competing quotations.

Brand names and trade marks of the products we supply belong to their owners. Hammerglass is a trade mark of Hammerglass AB.

Each of us will keep the other’s confidential information private. For us, this includes your Site layout, security arrangements and passwords. For you, this includes our pricing and designs.

Information on our website is general and may change without notice. Prices and packages shown on the website may be changed or withdrawn at any time before we accept your order.

You must not misuse the website, for example by attempting unauthorised access, introducing malicious code or copying content by automated means.

The content of the website belongs to us or our licensors. You may not reproduce it for commercial purposes without our written permission.

Links to third-party websites are provided for convenience. We are not responsible for their content.

We try to keep the website available and accurate but do not guarantee that it will be uninterrupted or free of errors.

Details you send through enquiry forms, your account or the checkout are handled in line with our Privacy Notice.

Notices must be in writing and sent to the address or email shown on the Quotation or invoice. A notice sent by email is treated as received on the next working day.

Acceptance by email, messaging app, electronic signature, online checkout or payment is as valid as a handwritten signature.

You may not transfer your rights under a Contract without our written consent. We may transfer ours to another company that takes over our business, and we will tell you if we do.

The Contract is the whole agreement between us about its subject. Neither of us has relied on any statement that is not written in it.

If a court finds any part of these Terms invalid or unenforceable, the rest continue to apply.

If we delay in enforcing a right, we can still enforce it later.

If these Terms are translated, the English version prevails.

These Terms and every Contract are governed by the laws of Malaysia.

If you have a complaint, please contact us first. We will try to resolve it with you within 14 days.

If a dispute cannot be resolved between us, the courts of Malaysia have jurisdiction. If you are a Consumer, you may also bring a claim before the Tribunal for Consumer Claims Malaysia where it has jurisdiction.