Terms & Conditions

Definitions

Unless expressed or stated otherwise within the agreement the following words have this meaning:

Agreement - means this agreement and includes the schedules and the terms.

Service Agreement Date - means the date of commencement of the agreement by all parties.

Callout Person/Keyholder - means the persons listed that are contactable by the telephone numbers advised in writing by the Client.

Client - means the person or firm or company named in the Agreement schedule.

Commencement Date - means the date of the commencement of the services provided within the Agreement.

Company - means Alarm Industries Pty Ltd (ABN 31 010 537 103) or Budget Alarms (ABN85250960692) based upon the company selected on the Service Agreement.

Company’s Postal Address - means PO Box 165 Coopers Plains Qld 4108.

Contract Term - means the term of the contract specified in clause 2 of this Agreement.

Customer Data Entry Form - means the monitoring information form supplied with this Agreement.

Customer’s Instruction - means the written instructions from the Customer to the Company detailing Response Procedures and Customers voice codes or passwords.

Dual Path - means a system that is designed to senses the integrity of the Public Switched Telephone Network (PSTN) line and in the event of a failure communicates to the central monitoring station via a secondary path (eg: GSM network).

Emergency Services - means the fire brigade, police, and ambulance emergency response services.

Equipment - means the equipment supplied solely for the provision of the Agreement.

Event - means a type of signal generated from an electronic security system transmitted to the monitoring station.

Fee - means the monthly, quarterly or annual fee specified in the Agreement for the provision of the services.

GST - means any value added or consumption tax or similar tax or duty on goods and/or services and includes GST’s defined under the tax systems (Goods and Services Tax) Act 1999;

Installation Date - means the date of completion of the installation of the equipment supplied by this Agreement.

Installation Fees - means the fees charged by Alarm Industries to supply and/or install the equipment.

Interest Rate - means the Westpac Bank variable unsecured lending rate plus 3%.

Monitoring Service - means around-the-clock monitoring of the Alarm System for alarm signals and, if selected by Customer, opening and closing signals.

Monitoring Station - means the monitoring facility of Alarm Industries or its designated monitoring service provider.

Premises - means the premises listed in the Agreement where the Equipment is located and or monitored.

Response - means the reaction taken to an event according to the Clients instructions.

Telephone Provider - means the telecommunication company that provides the necessary network to enable the event to be transmitted from an electronic security system to Alarm Industries Pty Ltd monitoring station.

Terms - means the terms and conditions of this Agreement.

Termination Date - means the date of termination of the Agreement.

Trade Practices Act - includes the Trade Practices Act 1974(Cth), the Fair Trading Act 1999 and any similar legislation.

1. The terms contained within this agreement cover the provision of services and the supply and or installation of equipment from the Company to the Client. The terms contain the whole of the agreement and any conditions, warranties or understandings not expressly set out in the agreement will fail to bind the parties. The law of the State or Territory where the premises is located governs this Agreement.

2. The Agreement shall be operative for the period specified in the Billing Frequency of the Service Agreement, or for a period of twelve (12) months if not specified. The agreement shall remain operative for successive ninety (90) day periods subject to the termination of the agreement by either party giving thirty (30) days written notice to the other party at its normal place of business.

3. Subject to any relevant cooling-off period, the agreement will be considered binding upon the client on signing the Service Agreement. The company reserves the right to review and vary the terms by notice in writing to the client.

4. The company provides a facility between the hours of 09:00 am and 5:00 pm on each weekday (excluding public holidays) for service and installation. The company does not warrant any date or time given as notice for delivery or installation whether written or verbal.

5. The Client covenants with the Company that they will: -

(1) Pay on or before the Installation Date the installation and monitoring fees in full without any deductions or counterclaim, unless agreed to in writing by the Company.

(2) Pay any reasonable extra charges incurred for the installation upon invoice after the Installation Date.

(3) Pay the Company’s monthly or quarterly Fee in advance, including all taxes and charges payable on the first day of each month or quarter or as specified in the Service Agreement.

(4) Pay all costs incurred in debt collection including all legal expenses or debt collection agency costs incurred by the Company to enforce any of the terms from the date they are incurred.

(5) If any fees payable to the Company are not paid by the due date, the Company in addition and without prejudice to its other rights and remedies may demand payment for the amount owing and charge interest at the Interest Rate from the due date until the date of actual payment.

(6) Ensure all credit cards and bank details are kept up to date.

6. The Client covenants with the Company not to alter or relocate or attempt or permit the alteration or relocation of the system otherwise than by the Company in which event the Client will pay the Company the commercial rate from time to time charged for such work, failure to do so will void all warranties and liabilities. The Client agrees to notify the Company in writing of any proposed structural or alteration to the premises where the equipment is installed.

7. The Client covenants that within fourteen (14) days of the date of installation gives written notice of such installation to the insurer of the Clients premises, and request from such insurer written acknowledgement and confirmation of the insurer’s acceptance of the adequacy of the system as installed as required by such insurer and further that should such circumstances alter either by change of insurer or change of installed system similar acknowledgement will be sought and received in respect of such altered circumstance.

8. It is acknowledged by the Company and the Client that the Trade Practices Act and other laws imply certain conditions or warranties in certain contracts and also gives parties to those contracts certain other rights against suppliers of goods and services. To the extent that such conditions, warranties or other rights are implied or given by force of law in respect of the Agreement and it is not lawful to exclude or otherwise limit their operation, then such conditions, warranties and other rights shall (but only to the extent required by law) apply to the Agreement and all other conditions, warranties or rights which might be implied are expressly excluded.

9. The Company will not be liable to the Client, or to any other person, in respect of any loss or damage arising directly or indirectly (including, without limitation, damages for loss of business, business interruption, loss of business information or other indirect or consequential loss) from the performance or non-performance of the equipment, or its use or misuse, provision of the Services, or any breach by the Company of any of its obligations under this Agreement.

10. The Client and Company mutually covenants that: -

(i)

(a) The system has been selected by the Client from a range of equipment offered to the Client, having regard to the Clients stated requirements to the Company as to cost, the Clients assessment of the degree of risk of unlawful entry and theft and the nature and contents of the premises. The Company does not warrant that the system is fit for or suitable for any particular purpose or is of any particular quality or will at all times remain in proper working order.

(b) This agreement contains all the terms conditions and warranties upon which the system is supplied and installed and all other conditions warranties and representations on part of the Company whether express or implied are to the extent permissible by law hereby expressly negatived and excluded.

(c) Ownership of the Equipment will not transfer to the Client until payment has been made in full under the terms of the Sale of Goods Act and until such payment in full is made the Client will act in the capacity of a Bailee without reward of the system and in such capacity undertakes to insure the system noting with the relevant insurer the interest of the Company.

(ii) Subject to clause 10 (i) (c) hereof the ownership of the system shall at all times remain vested in the Client and in the event of any breach of this Agreement by the Client, the Company may enter the premises and disconnect or remove the system and any related equipment and the Company shall not (other than is provided by law) be liable for any damage whatsoever occasioned thereby and the Client shall indemnify the Company in respect thereof. The Company shall give seven (7) days notice in writing prior to any such disconnection or removal.

(iii) Notwithstanding the provision of clause 9, the Company’s liability for any breach of a condition or warranty implied by the Trade Practices Act shall be limited to any one or more of the following at the company’s sole discretion:

(a) In the case of Equipment;
(i) The replacement of the Equipment;
(ii) The cost of obtaining equivalent Equipment
(iii) The cost of having the Equipment repaired;

Or

(b) In the case of Services;
(i) The supplying of the services again; or
(ii) The payment of the cost of having the services supplied again

(iv) Subject to the last sub-clause and clause 8 and 9 the company shall be under no liability whatsoever for and the Client Hereby indemnifies the Company against any claims for loss or injury or damages (including consequential loss or damages) suffered or incurred as a result of a burglary in which it could be alleged that the burglary occurred as a direct result of any defect in or failure of or unsuitability of the system and/or the installation and/or the servicing thereof however arising. Should the Company be found liable for any loss or damage sustained or suffered by the Client or any other person, whether such loss or damage arises from a breach by the Company of any contractual provision or is due to or arises from any negligence or act of commission or omission on the part of the Company, its employees or agents in any respect or the failure of the Equipment to operate properly, the maximum liability of the Company under this Agreement and at common law is limited to a sum not exceeding:

(i). In the case of any claim arising from the Equipment, an amount equal to the purchase price of the Equipment; or

(ii). With regard to the services, shall be the greater of $ 200 or 50% of one year’s Fees.

(v) To the maximum amount allowable by law, the Client agrees to indemnify, defend and hold the Company harmless from any claims and actions by any person not a party to this Agreement being claims based on any reason whatsoever, except to the extent such action occurs while an employee or agent of the Company is on the Premises and such loss, damage, expense and liability is solely and directly caused by the said employee or agent.

19. Where there has been a breach or termination of the Terms or on the expiry of the Contract Term in accordance with clause 2 and the Company owns the Equipment:

(a) The Client permits the Company to enter the Premises to inspect the Equipment or to remove the Equipment.

(b) The Client will indemnify the Company on demand in respect of any costs or liabilities incurred by the Company in exercising its rights under this clause 20.

(c) The Company is not liable for any damage to the Premises arising in the course of removing the Equipment or any subsequent repairs required to return the Premises, as agreed in writing between the parties, to its original state prior to installation.

(d) The Client is liable for the value of the Equipment if, in the reasonable opinion of the Company, it cannot be reasonably removed from the Premises and remains in a workable and reusable condition at the date of termination.

20. The Company retains all rights pertaining to technician codes, master codes and installer codes. These codes are held by The Company and are not released to the Client. Should the codes be released to the Client, The Company will not be held liable for any system function, programming or equipment failures.

21. The Client agrees that after termination of the agreement they must not disclose, record or sell any confidential information of the Company.

22. Any Notice provided for herein may be given by addressing such notice to the relevant party at its address show herein before
Or
at any address subsequently notified in writing to the party sending the Notice to be the address to which notices are to be sent.

23. If any provision or provisions contained in this agreement shall be or become invalid or unenforceable then that provision or those provisions shall be excluded to the extent of its or their invalidity or unenforceability but the remaining conditions shall be unaffected by that or those exclusions.

24. The Client authorises the Company to give or receive information about you from a credit-reporting agency for the purposes outlined.

Important Notice To Applicants

Notice of Disclosure of Your credit Information to A credit reporting Agency. (Privacy Act 1988)

• To obtain a consumer credit report about you, and or your company. (Under Section 18N(1)(b) or 18K(1)(b))
• To allow the credit-reporting agency to create or maintain a credit information file containing information on you. (Under Section 18E(8)(C) and 18E(1))
• To assess your credit worthiness. (Under Section 18L(4) or 18K(1)(b))
• To report on over due payments which are overdue more than 60 days. (Under Section 18K(1)(h))
• To report on dishonoured cheques - cheques drawn by you which have been dishonoured more than once. (Under Section 18E(1))
• To report that credit owed has been paid or otherwise discharged. (Under Section (18E(1))

25. By signing the Service Agreement, the Client acknowledges that they have read and understood all the terms and conditions.

Our Commitment To You

This document outlines our service commitment to you, in respect of the Direct Debit Request (DDR) arrangements made between Alarm Industries Pty Ltd and you. It sets out your rights, our commitment to you and your responsibilities to us together with where you should go for assistance.

Initial terms of the arrangement

In terms of the Direct Debit Request arrangements made between us and signed by you, we undertake to periodically debit your nominated account for the agreed amount for Recurring Charges or Sales Installation Charges.

Drawing arrangements

• The first drawing under this Direct Debit arrangement will occur on the Billing Start Date.
• If any drawing falls due on a non-business day, it will be debited to your account on the previous business day preceding the schedule drawing date.
• We will give you at least 14 days notice when changes to the initial terms of the arrangement are made. This notice will state the new amount, frequency, next drawing date and any other changes to the initial terms.
• If you wish to discuss any changes to the initial terms please contact our accounts department on Ph: 07 3345-4100,
  Fax: 07 3345-4062, email: staff@alarmindustries.com.au; budget@alarmindustries.com.au or PO Box 165 Coopers Plains Qld 4108.

Your Rights

Changes to the arrangement

If you want to make changes to the drawing arrangements, please contact our Accounts Department on Ph: 07 3345-4100, Fax: 07 3345-4062, email: staff@alarmindustries.com.au; budget@alarmindustries.com.au or PO Box 165 Coopers Plains Qld 4108.
These changes may include:

• Deferring the drawing; or
• Altering the schedule; or
• Stopping an individual debit; or
• Suspending the DDR; or
• Cancelling the DDR completely.

Enquiries

Direct all enquiries to us, rather than to your financial institution, and these should be made at least 5 working days prior to the next drawing date. All communication to us should include your account number.

All personal customer information held by us will be kept confidential except that information provided to our financial institution to initiate the drawing to your nominated account.

Disputes

• If you believe that a drawing has been initiated incorrectly, we encourage you to take the matter up directly with us by contacting our accounts department on 07 3345-4100.
• If you do not receive a satisfactory response from us to your dispute, contact your financial institution who will respond to you with an answer to your claim:
  - Within 7 business days (for claims lodged within 12 months of the dispute drawing); or
  - Within 30 business days (for claims lodged more than 12 months after the dispute drawing)
• You will receive a refund of the drawing amount if we cannot substantiate the reason for the drawing.

Your Commitment To Us

It is your responsibility to ensure that:

• Your nominated account can accept debits (your financial institution can confirm this); and
• on the drawing date there are sufficient cleared funds in the nominated account; and
• you advise us if the nominated account is transferred or closed.

If your drawing is returned or dishonoured by your financial institution, a letter requesting payment will be sent. Any transaction fees payable by us in respect of the above will be added to the account / bill.