Corptech Security Group
TERMS AND CONDITIONS
1.1 In the interpretation of this Deed, unless otherwise indicated by the context or subject matter: “Activation” means the triggering of a Detection Device.1.2 “Alarm Condition” means any change in state of a designated input resulting from any one of the following:1.2.1 activation of a detection device;
1.2.2 activation of a tamper detection device;
1.2.3 System Fault;1.2.4 unlawful entry or attempt to enter.1.3 “Alarm Response Plan” means instructions for the actioning and resolution of an Alarm Condition or System Fault that have been stated and set out in Section 5 of the Commissioning Form, or as amended from time to time, and agreed to by Corptech Security Group Pty Ltd.
1.4 “Alarm System” means a system consisting of Detection Devices, monitoring, and associated equipment for alarm communication and control purposes.
1.5 “Ancillary Equipment” means supporting equipment including but not limited to the power supply, backup battery, telephone cord etc which is required in addition to the detection devices and the circuit board to make the Alarm System operable.
1.6 “Contract” means this contract commencing on the day referred to in section F for the Term unless terminated earlier by either party in accordance with this agreement.
1.7 “Customer” refers to the customer named in section A of the Contract, its successors and permitted assigns.1.8 “Detection Device” means a piece of detection equipment including but not limited to a passive infrared detector or a reed switch.
1.9 “Emergency Services” means Police, Ambulance and/or Fire Brigade of the state in which the Alarm System is installed.
1.10 “Fees” means the fees and charges as set out in section B of the Contract.
1.11 “Charges” means any fees for an alarm activity reports, patrol service, response/s, security officer/s, alarm system installation, serving of your alarm system.
1.12 “Corptech Security Group Pty Ltd trades as “Corptech Security Group Pty Ltd” ABN 16 635 466 303, its successor and assigns.
1.13 “Monitored Premises” means the customer’s building where an Alarm System has been installed, being the premises set out in Section 1 of the Commissioning Form.
1.14 “Monitoring Centre” means Corptech Security Group Pty Ltd’s alarm monitoring center.
1.15 “Notification or Notified” means a message delivered to a customer or customers authorised key holder or key holders as listed in the Commissioning Form by telephone, voice mail, answering machine, pager or short message service (SMS) of an Alarm Condition or System Fault requiring authorisation from the Customer to vary, delete or add services delivered or provided to the Customer.
1.16 “Response” means the dispatch by the Monitoring Centre of the responding security company or Emergency Service to the Monitored Premises or such other action in accordance with the Alarm Response Plan as the result of an Alarm Condition or System Fault. Were the response calls for Corptech Security Group Pty Ltd or one of its agents to attend the monitored premises as defined in point 1.13, Corptech Security Group Pty Ltd or its agents will not check property installed, owned, stored or assigned to the customer located outside of a monitored premises including gates or fences.
1.17 “Response Provider” means personnel who have been specifically designated to respond and attend to the Monitored Premises as a result of an Alarm Condition.
1.18 “Security Officer” means personnel who have been specifically designated to respond to and attend to the Monitored Premises as a result of an alarm or other condition.
1.19 “System Fault” means an Alarm Condition caused by a malfunction of the Alarm System or Ancillary Equipment including but not limited to loss of AC power and/or low battery.
1.20 “Term” means the term referred to in section B of the Contract.
1.21 “Waiting Time” means the chargeable period of inactivity between the arrival of the Security Officer and or the Response Provider at the Monitored Premises and their departure.
1.22 “Cooling-off Period” is the 7 day period after that occurs after the execution of this agreement by the Customer.
1.23 “Monitoring of Alarms only” means that the Alarm System is monitored for alarm events and system signals only including tamper, power failure to premises, low back up battery and sensor low battery (for wireless detection devices).
1.24 “Monitoring of Alarms and Open/Close Schedule” means that the Alarm System is monitored for disarming and arming outside scheduled hours, alarm signals and system signals including tamper, power failure to premises, low back-up battery, sensor low battery (for wireless detection devices).
- Alarm Monitoring Services
2.1 Corptech Security Group Pty Ltd will provide the Alarm Monitoring services for the Term and any renewal thereof.2.2 Corptech Security Group Pty Ltd will action an Alarm Condition or System Fault received from the Alarm System at the Monitored Premises in accordance with the Alarm Response Plan.2.3 Corptech Security Group Pty Ltd, if instructed to do so, will use its best endeavours to dispatch a Response to investigate any signals/event(s), but makes no guarantee that a Response will be available at any time
2.4 Corptech Security Group Pty Ltd will not be liable for any loss or damage the Customer may suffer or incur in connection with a Response or absence of such a Response.
2.5 The Customer covenants that Corptech Security Group Pty Ltd will be the sole Response Provider, excluding Emergency Services, for the Term.2.6 The Customer waives the right to nominate a third-party Response Provider.
2.7 Corptech Security Group Pty Ltd, at its absolute discretion may accept the nomination by the Customer of a third-party Response Provider however such acceptance is conditional upon the Customer signing and returning to Corptech Security Group Pty Ltd a liability waiver. A copy of the third-party liability waiver is available upon request.
2.8 Attendance at the Monitored Premises by a responding security company after notification by the Monitoring Centre will result in the following action:
2.8.1 If Corptech Security Group Pty Ltd holds keys and or codes for the Monitored Premises the responding security officer will conduct an internal inspection of the Monitored Premises in the area from which the Alarm Condition occurred.
2.8.2 If Corptech Security Group Pty Ltd does not hold keys/or codes the responding security officer will conduct an external visual check of the freely accessible areas immediately adjacent to the area from which the Alarm Condition occurred.
2.9 In the event of Corptech Security Group Pty Ltd being unable to make contact with the Customer the Customer authorises Corptech Security Group Pty Ltd to request attendance at the Monitored Premises by a security officer and/or an Emergency Service to verify the integrity of the Monitored Premises.
2.10 The Customer agrees to pay Corptech Security Group Pty Ltd at Corptech Security Group Pty Ltd’s normal rate of charge once the response provider or Emergency Service has been requested to attend the Monitored Premises regardless of whether or not the responding security officer or representative of the Emergency Service discovers a breach of the Monitored Premises.
2.11 In the event that the Monitored Premises are found to have been violated and the Customer is unable to be contacted unless otherwise indicated in the Alarm Response Plan the Customer authorises Corptech Security Group Pty Ltd at its sole discretion to mount a static guard or guards, as an agent of necessity, until the next regular working day or until the Customer can be contacted and Corptech Security Group Pty Ltd receives further instructions from the Customer.
2.12 The Customer agrees that in the event that Corptech Security Group Pty Ltd is required to take action in accordance with clause 2.11 hereof the Customer will pay for the additional work at Corptech Security Group Pty Ltd’s normal rate of charge.
- Warranty by Corptech Security Group Pty Ltd
3.1 Corptech Security Group Pty Ltd warrants that it will use its reasonable best efforts in providing the Alarm Monitoring Services.3.2 Corptech Security Group Pty Ltd does not warrant that:3.2.1 the Monitoring Service will render the Monitored Premises or any occupant therein secure;3.2.2 the Monitoring Service will detect or prevent possible property damage from fire, smoke or flood;
3.2.3 an Emergency Service of the state or territory in which the monitored Premises is located will respond to a monitored Alarm Condition or System Fault.
3.3 The Customer agrees to pay Corptech Security Group Pty Ltd for each Response. Additional charges for Waiting Time will apply.3.4 The Customer agrees that Corptech Security Group Pty Ltd, at its absolute discretion, may waive or amend the Customer’s Alarm Response Plan if the Customer fails to pay any Fees in accordance with clause
3.5 The Customer agrees that all inbound and outbound telephone conversations to and from the Monitoring Centre will be recorded in accordance with Australian Standard 2201.
2.3.6 The Customer agrees that Corptech Security Group Pty Ltd will store any Data received from the Monitored Premises at Corptech Security Group Pty Ltd’s Monitoring Centre for a period of twelve (12) months (herein after called the “Storage Period”). At the expiration of the Storage Period, Corptech Security Group Pty Ltd may at any time in its discretion render the data unreadable.
3.7 Notwithstanding clause 4.6 hereof the Customer may with the consent of Corptech Security Group Pty Ltd vary the length of the Storage Period.
- The Customer’s Duties and Warranties4.1 The Customer will give Corptech Security Group Pty Ltd the Customers Written Instructions prior to the commencement of the Alarm Monitoring Service.4.2 The Customer agrees that any variation of the Alarm Response Plan will be proposed in writing, by email, facsimile or post.
4.3 The Customer will use its best endeavours to ensure that any keyholders who have been nominated in the Alarm Response Plan are contactable at all times.
4.4 The Customer agrees that any proposed variation of the Alarm Response Plan, referred to in clause 5.2 hereof, will not be effective until Corptech Security Group Pty Ltd has communicated to the Customer its acceptance of the variation in writing delivered by email, fax or post.4.5 The Customer will, in conjunction with Corptech Security Group Pty Ltd:
4.5.1 carry out regular testing of the Alarm System and the connection with the Monitoring Centre;4.5.2 comply with all operating and maintenance instructions in relation to the Alarm System;
4.5.3 fix any defects without delay and do all things necessary to maintain the Alarm System in good working condition including but not limited to recharging or replacing batteries on a timely basis; and
4.5.4 notify Corptech Security Group Pty Ltd of any material changes to the Monitored Premises that may interfere or otherwise compromise the operation of the Alarm System.
4.6 The Customer acknowledges that, unless they have a backup communication option for redundancy purposes, that the Alarm System uses a single primary communication path to the Monitoring Centre.
4.7 The Customer acknowledges that should the primary communication path referred to in clause 5.6 hereof fail, for whatever reason, Corptech Security Group Pty Ltd will not be aware of the fault condition or deliberate attempt to interrupt the primary communication path until such time as it becomes apparent through system testing that the Alarm System is not communicating with the Monitoring Centre.
4.8 The Customer agrees not to remove any SIM card or cards that have been supplied to provide a 3G or 4G service from the Monitored Premises to Corptech Security Group Pty Ltd’s Monitoring Centre.
4.9 The Customer agrees not to disclose, provide or divulge any information to any person or persons directly or indirectly that may affect the correct operation of the Alarm System as a result of unauthorised arming, disarming or tampering thereof.
4.10 The Customer agrees that Corptech Security Group Pty Ltd may provide some or all of the services supplied under this Contract by the use of independent contractors. Any independent contractors, howsoever used, are the agents of Corptech Security Group Pty Ltd for the purposes of this Contract.
4.11 The Customer agrees to maintain appropriate insurance against theft and damage. Corptech Security Group Pty Ltd will not accept any claims for loss or damage of any kind should the Customer not have the appropriate insurance or be self-insured.
- Limitations of Liability and Indemnity
5.1 Corptech Security Group Pty Ltd, subject to Clause 5.4 hereof, will not be liable whatsoever for:5.1.1 any circumstance or event which occurs during any period when this contract is suspended pursuant to clause 8.3;5.1.2 any loss or damage caused to the Customer including but not limited to mechanical breakdown, storm, earthquake, strikes, lockouts, labour disputes, of whatever type, Act of God, war (whether declared or not), acts of terrorism, act (administrative or legislation) of any Government, riot or civil commotion, fire, explosion, act or omission by the Customer, its servants, agents or invitees;
5.1.3 any loss or damage caused to the Customer whereby the Customer issues an instruction to an employee or agent of Corptech Security Group Pty Ltd that has not previously been agreed to and approved in writing by Corptech Security Group Pty Ltd;
5.1.4 for any damage to or loss of property owned, stored or assigned to the customer located outside of a monitored premises as defined in point 1.13;5.1.5 any loss or damage suffered by the Customer except so far as such loss or damage is solely attributable to the negligence of Corptech Security Group Pty Ltd or any of its employees acting within the scope of their employment, servants, contractors, and agents; or5.1.6 any delays by the Customer which shall cause automatic suspension of Corptech Security Group Pty Ltd’s obligations under the Contract.
5.2 Notwithstanding the provisions hereof they shall be read subject to any implied terms, conditions or warranties imposed by the Competition and Consumer Act 2010 (Cth) or any other Commonwealth, State or Territory legislation that may be applicable.5.2.1 In cases where Section 64A of the Competition and Consumer Act 2010 (Cth) applies and the goods or services supplied are other than those ordinarily acquired for personal domestic or household use or consumption, Corptech Security Group Pty Ltd’s liability to the Customer shall be limited as Corptech Security Group Pty Ltd determines:
18.104.22.168 In the case of goods to any one of the following:
22.214.171.124.1 the replacement of the goods or the supply of equivalent goods;
126.96.36.199.2 the repair of the goods;
188.8.131.52.3 the payment of the cost of replacing the goods or of acquiring equivalent goods; or
184.108.40.206.4 the payment of the cost of having the goods repaired;
220.127.116.11 In the case of services any one of the following:
18.104.22.168.1 the supplying of the services again; or
22.214.171.124.2 the payment of the cost of having the services supplied again.
5.3 The Customer hereby indemnifies Corptech Security Group Pty Ltd with respect to any loss, damage, costs or expenses suffered by Corptech Security Group Pty Ltd directly or indirectly in connection with or arising out of the performance by Corptech Security Group Pty Ltd of its obligations under this Contract due to the fault of the Customer including, without limitation, any claims by any client of the Customer.
5.4 The Customer hereby indemnifies and will keep indemnified Corptech Security Group Pty Ltd against all losses, costs, expenses that Corptech Security Group Pty Ltd may suffer and all demands, actions, suits, causes of action that may be made against Corptech Security Group Pty Ltd arising out of directly or indirectly the failure of the Alarm System, control unit, communication device, or the telephone network connection to operate or perform properly.
5.5 The Customer agrees that no advice or information, whether oral or written, obtained by the Customer from Corptech Security Group Pty Ltd or through or from the Monitoring Service shall create any warranty not expressly stated in this Contract.
5.6 The Customer agrees that Corptech Security Group Pty Ltd will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use of data or other intangible losses (even if Corptech Security Group Pty Ltd has been advised of the possibility of such damages).
5.7 this Clause 6 survives termination of this contract.
6.1 The Customer agrees that the fees set out in the Alarm Monitoring Service Contract are based solely on the value of all services provided and are unrelated to the value of the Customer’s property or the property of others located in the Monitored Premises.6.2 The Customer acknowledges that the Alarm System installed in the Monitored Premises may not prevent unlawful entry occurring, loss or damage to property, or death or injury to persons even though Corptech Security Group Pty Ltd’s obligations to the Customer under this Contract have been satisfied.6.3 The Customer will not require Corptech Security Group Pty Ltd to supply performance records, history, or other reports to anyone who is not a party to this Contract.
- Fees and Charges
7.1 The Customer agrees to pay the Fees as and when they fall due. Standard payment terms are Net end-of-month.7.2 The Customer agrees that if the direct and/or indirect cost of Corptech Security Group Pty Ltd providing the services (or any other work under this Contract) increases at any time after the Date of this Contract for any reason, including but not limited to any change to any applicable award or telecommunication charges, then Corptech Security Group Pty Ltd may on the anniversary of the Contract increase its fees after duly notifying the Customer in writing thirty (30) days prior to the Contract anniversary.7.3 If the Customer fails to pay any fees due within the term stated in the Contract, Corptech Security Group Pty Ltd may, at is option:
7.3.1 charge interest at the rate of 10% per annum calculated from the due date of payment until payment is received; or7.3.2 suspend the performance of its obligations under this Contract until such times as all due payments have been made; or
7.3.3 cancel this Contract forthwith by notice in writing to the Customer.
7.3.4 hand the debt over to a commercial recovery agent for the recovery.
7.4 The Customer, in the event that Corptech Security Group Pty Ltd suspends performance of its obligations under the Contract, releases Corptech Security Group Pty Ltd from all liability for damage or loss that may occur arising out of its non-action.
7.5 The Customer agrees to promptly pay all money payable to Emergency Services or other public authority in relation to any attendance at the Monitored Premises when requested by the Monitoring Centre and shall reimburse such amounts paid by Corptech Security Group Pty Ltd on the Customer’s behalf.
7.6 This clause is an essential term of this Contract.
8.1 The Customer will not assign its rights or transfer its obligations contained herein without first obtaining the prior written consent of Corptech Security Group Pty Ltd. Such consent shall not be unreasonably withheld.8.2 Corptech Security Group Pty Ltd may transfer or assign any or all of its rights or obligations without the Customer’s consent.
- Waiver9.1 No waiver of any or all of these conditions at any time or indulgence granted to the Customer shall prejudice any rights which Corptech Security Group Pty Ltd has, or may have had, nor the subsequent exercise of any rights by Corptech Security Group Pty Ltd.
- Term and Termination10.1 This Contract will remain in force for the Initial Term shown in section B of the Contract and will be automatically renewed after the Initial Term for a similar Term until terminated by either party by written notice of at least three (3) months. If, at any time, Corptech Security Group Pty Ltd has found it necessary to alter its standard Contract wording, the Customer agrees to adopt the new wording which can be found at www.corptechsecurity.com.au/terms10.2 Corptech Security Group Pty Ltd may terminate this Contract immediately if the Customer is in breach of any of these conditions or if the Customer commits an act of bankruptcy, makes any arrangement or composition with its creditors, has a receiver or manager appointed over any part of its undertaking or assets, has any petition presented for its winding up or goes into liquidation on a voluntary or compulsory basis or has an administrator appointed or fails to pay any outstanding charges.
10.3 The Customer upon termination of this Contract during the Initial Term for any reason, will pay to Corptech Security Group Pty Ltd, on demand, a sum equal to the fees which would be payable pursuant to this Contract (calculated by the number of months remaining in the Initial Term at the current fee) plus the balance of any monies outstanding within fourteen (14) days of demand.10.4 The Customer will give Corptech Security Group Pty Ltd notice of cancellation in writing, by email, facsimile or post. Please allow up to 14 days for processing against your account.
10.5 The Customer upon termination of this contract for any reason acknowledges that no pro-rata credit will be issued for any used portion of the service.
10.6 If the Customer does not pay the amount referred to in clause 11.3 within the prescribed fourteen (14) days of demand, Customer will pay to Corptech Security Group Pty Ltd all expenses reasonably and properly incurred by reason of Corptech Security Group Pty Ltd taking legal action to recover the money and will indemnify Corptech Security Group Pty Ltd against any other costs (including legal costs), expenses, claims or damages whatsoever arising out of or incidental to the breach.
10.7 The Customer’s right to receive the Monitoring Service shall cease upon the termination of this Contract.
- Applicable Law
11.1 This Contract shall be construed and take effect in all respects in accordance with the laws for the time being in force in the state of Victoria and the parties hereto shall submit to the jurisdiction of the Courts of that State or Territory in respect of any matter or thing arising out of this Contract or pursuant thereto.
12.1 Any notices to be given herein may be served on either party by registered post or by delivering the notice to the address of the party. Where service is made by post service shall be deemed to have occurred two working days after the notice was first posted.12.2 Service may also be affected by facsimile service being deemed to be affected when the sending party’s machine produces a transmission report indicating that a transmission has been affected error-free.
13.1 In this Contract GST has the same meaning as given to it in GST Law and GST Law has the same meaning given to it in A New Tax System (Goods and Services Tax) Act 1999 as amended from time to time.13.2 The fees and charges shown in this contract do not include GST.13.3 The Customer will if Corptech Security Group Pty Ltd is or becomes liable to pay GST in respect of any supply made under or in connection with this Contract, pay to Corptech Security Group Pty Ltd an amount equal to ten percent (10%) of the fees and charges payable under this Contract.
13.4 The GST amount will be notified by Corptech Security Group Pty Ltd to the Customer and must be paid by the Customer to Corptech Security Group Pty Ltd in the same manner and at the same time as the rest of the fees and charges.13.5 This clause is an essential term of this contract.
- Privacy Act 1988
14.1 Corptech Security Group Pty Ltd may give information about the Customer to a credit reporting agency in accordance with the provisions of the Privacy Act 1988. This information may include the Customers name, sex, date of birth, current known address and previous two known addresses, current or last known employer and drivers licence number. In addition, we may also include the fact that you have made an application for credit with Corptech Security Group Pty Ltd including the amount applied for. We may also notify a credit reporting agency if the Customer: has any payments that have been overdue for at least 60 days that we have taken steps to recover; has settled the amount and it is no longer due; has made a payment by cheque that has been dishonoured more than once; has committed a serious credit infringement or has discharged the amount of credit owing to Corptech Security Group Pty Ltd.
- Application for Credit
15.1 In accordance with Section 18E (8) (c) of the Privacy Act 1988 (Cth) the Customer acknowledges that Corptech Security Group Pty Ltd has informed the Customer that it may give certain confidential information about the Customer to a Credit Reporting Agency.15.2 In accordance with Section 18N (1) (b) of the Privacy Act 1988 (Cth) the Customer agrees that Corptech Security Group Pty Ltd may exchange certain confidential information with any other credit provider listed by the Customer or any other credit provider named in a credit report issued by a credit reporting agency for the following purposes: to assess the Customers creditworthiness; to assess an application by the Customer for credit; to notify a credit default by the Customer. The Customer understands that the information may include facts about the Customers creditworthiness, credit standing, credit history and credit capacity that credit providers are authorised to give or exchange according to the Privacy Act 1988(Cth).15.3 In accordance with Section 18L (4) of the Privacy Act 1988 (Cth) the Customer consents to Corptech Security Group Pty Ltd obtaining information about the Customers commercial activities or commercial creditworthiness from a business which provides information about the commercial creditworthiness of companies.
15.4 In accordance with Section 18K (1)(b) of the Privacy Act 1988 (Cth) the Customer acknowledges and consents to Corptech Security Group Pty Ltd requesting information about the Customer from a credit reporting agency for the purposes of assessing an application for credit.
- Privacy General
16.1 Subject to clauses 16 and 17 Corptech Security Group Pty Ltd will ensure the Customers information is kept secure and confidential and provide the Customer with access to any confidential information that must be disclosed to the Customer in accordance with the Privacy Act 1988.