Terms & Conditions
Staysafe (Vic) Pty Ltd – Terms & Conditions of Trade
In these Conditions:
“the Company” means Staysafe (Vic) Pty Ltd ABN 40 160 498 653
“the Client” means the person, or Company to whom this agreement is addressed.
“Equipment or Service” means the equipment or services the subject of this agreement
“Monitoring Station” means the Company’s Station which monitors alarm signals
“Maintenance” means maintaining equipment in accordance with Australian Standards
“Monitoring” means monitoring of alarm signals subject to the terms and conditions described herein, and actioning of alarm signals.
“Multi-Hit Intruder Alarm Event” is defined as receipt of two or more alarm signals by the monitoring centre for the monitored premises within a 5 minute period, which is not cleared by either disarming of the security system or verbal advice from either the client or an authorised contact.
- The Equipment or Service
The Client acknowledges:
a) That the Equipment has been selected by the Client in accordance with its express requirements and assessment of security risk; and
b) That the Company does not represent and there is no implied terms that the Equipment or monitoring system or services will remain in proper working order or always carry out their functions and any such implied term is expressly excluded; and
c) That the Equipment or services cannot prevent unlawful entry or damage to the Client’s property; and
d) That the Client shall by responsible to take out any insurance against fire, theft, damage, injury or any other cause at its own cost; and
e) That the Company shall not be liable for any injury to persons or death or loss or damage to property or any loss or damage including consequential loss suffered by the Client or any other person including but not limited to loss or damage caused by the installation of the Equipment, Equipment failure or breakdown, delay, failure to properly monitor or follow up any signal or alarm and/or failure to receive such signal whether such fault or loss is caused by the negligence of Staysafe (Vic) Pty Ltd and/or its servants, agents or contractors or otherwise.
f) The Company shall not be liable for the performance of any equipment or programming thereof which has not been supplied and installed by the Company.
These Terms and Conditions are subject to any implied term, conditions or warranties imposed by the Trade Practices Act 1974 (Commonwealth) as amended and/or under similar State legislation and if the Equipment and Services under this Contract are supplied to the Client as a “consumer” and/or for personal domestic or household purposes as defined under that legislation then the Client shall have the benefit of non-excludable rights and remedies under that legislation and nothing in this Contract excludes or restricts such rights.
However, as far as possible and where the Equipment and/or Services are not ordinarily acquired by the Client as a “consumer” and/or for personal domestic or household use pursuant to Clause 68A of the Trade Practices Act and/or similar provisions in State legislation then in such cases the Company’s liability shall be limited:
a) In the case of Equipment to any one or more of the following as the Company in its sole discretion may determine:
1 The replacement of the Equipment;
2 The repair of the Equipment;
3 The payment of the cost of replacing the Equipment or of acquiring equivalent Equipment;
4 The payment of having the Equipment repaired.
- b) In the case of Services to either of the following as the Company in its sole discretion may determine:
1 The supplying of the services again;
2 The payment of the cost of having the services supplied again.
c) If notwithstanding the above the Company is found liable to the Client and/or other person the Company’s liability for breach of this contract and/or negligence of the Company, its servants or agents is limited to a sum not exceeding $10,000 (which shall include legal costs) in respect of the aggregate of all claims during any consecutive period of 12 months.
d) The Company shall not be liable for any default or failure to perform its obligations under this Contract where the failure or default arises from acts of God, war, act of terrorism, accident, fire, explosion, earthquake, lightning strike, floods, strikes, industry disputes, shortage of parts, any action of the Client including any interference with misuse, damage or abuse to the Equipment by the Client and/or other person, any failure by the Client to perform its obligations under Clause 11 hereof any/or any other circumstance beyond the control of the Company.
The Company may sub-contract the performance of all or any of its obligations under this Contract to any person, firm or Company without giving notice to the Client.
The Company will retain title to the Equipment until payment in full of the total charge for the Equipment and Installation is received but the risk in relation to loss or damage to the Equipment by whatever cause is the Client’s upon installation of the Equipment.
a) The Company at its discretion may request a deposit to be paid by the Client in advance of the commencement of installation.
b) The unpaid balance of the total charge for Equipment and Installation is payable upon completion of the installation provided that the Client shall pay within seven days all claims made by the Company for progress payments for work done or deliveries made in connection with supply and/or installation of the Equipment and the Company has the right to make progress claims for any installation which extends beyond 30 days or where installation take place in a number of stages.
c) If the Client defaults in making any of the above payments the Company in addition to its other remedies may cease installing the Equipment and/or may remove the Equipment and the Client shall bear any costs incurred by the Company as a consequence of the cessation and removal and may retain any deposit paid by the Client and recover from the Client the full cost of installation of the Equipment.
d) The Company may offer the Client a payment plan.
e) Fees for Monitoring Services are payable in advance
f) Fees for technical services and associated Equipment are payable on provision of the service
g) Fees for patrol response services are payable within 30 days of provision of the service
The Company warrants the Equipment supplied pursuant to this Contract and labour for a period of 12 months or as otherwise expressly stated from the date of initial installation. The Company warrants the control panel and code pad for a period of 36 months. This warranty does not extend to work carried out other than in normal business hours. The Company’s liability for any defective goods, or for any loss, injury, or damage attributable thereto is limited to repairing or replacing, at the Company’s option, those defective goods that arise within the Warranty Period, provided that:
1 The Company is notified of the alleged defect first coming to the Client’s notice within the Warranty Period, and
2 any unauthorised repairs or alterations to the Equipment invalidates this warranty.
This warranty does not cover damage from misuse, accident, neglect or improper operation, modification or adjustment.
The Company, its employees, servants and agents shall have full and free access at all necessary times to the Client’s premises and full use of the Client’s facilities to install, maintain or repair the Equipment and to remove any Equipment. In addition to its other remedies if the Client fails to pay the contract price for the Equipment and/or installation within the due period for payment the Company and its agents may enter the Client’s property and premises to remove such Equipment and shall not be liable for any loss or damage whatsoever caused by such entry or for any damage caused to property or contents arising from installation and/or removal of the Equipment.
The Company shall not be liable for any loss, injury, damage or expense because of delay in installation for any reason including negligence of the Company, its employees, servants or agents. Delay or failure will not entitle the Client to cancel this agreement or refuse to accept delivery and installation of the Equipment.
- Power Supply and Telephone Line
Continuous supply of 240VAC power will be required at the Client’s premises at the location of the control panel prior to installation.
A working telephone line will be required at the Client’s premises if monitoring of the system is to occur. If these services are unavailable or reconfiguration is required, a separate charge may apply. Ongoing monitoring of the system is dependent upon a working telephone line and its configuration at the time of installation. The Client shall at its expense through the Company, or a qualified licensed technician, ensure that the system is effectively communicating to the monitoring station following any changes to the telephone line or the configuration thereof (e.g. installation of ADSL Broadband).
The Client acknowledges that the Equipment is designed to communicate alarm and subsidiary signals to the monitoring station through the use of telephone calls or other communication channels (e.g. GPRS) and that the Client is responsible for all charges related to such communication.
- Monitoring: Client’s Duties and Warranties
a) The Client shall give the Company written detailed instructions (“Client’s instructions”) prior to monitoring commencing. These instructions may be varied with the Company’s agreement. Variations shall be in writing by the Client but the record kept by the Company will be conclusive evidence as to all oral variations.
b) The Client shall at its expense through the Company, or a qualified and licensed technician:
1 carry out regular testing of the Security System and fix defects without delay and maintain the Security System in accordance with Australian standards; and
2 seek re-assessment of its security requirements if the use or layout of the Premises or the level of risk changes from that applying at the Date of Quotation.
c) The Client undertakes not to write security codes in public or unsecure places and to ensure that key cards, keys and other security access devices are kept under secure care and not given to or allowed to remain with unauthorised persons and that code holders be cautioned not to make known the code to others.
- Monitoring: Actioning of Alarm Signals
a) after receipt of the alarm signal the Monitoring Station will use all reasonable efforts to respond to the alarm in accordance with the Staysafe (Vic) Pty Ltd Alarm Response Options selected by the Client.
b) In the event that the Monitoring Station is not able to respond to the alarm in accordance with these instructions, or believes the instructions not to be appropriate to the circumstances of an alarm and is not able to obtain oral instruction from either the Client or Client’s authorised representative, the Client authorises the Monitoring Station to take such action as considered necessary to ensure appropriate response.
c) The Client shall pay for services provided in response to alarms, whether those services are provided in accordance with the written or oral instruction of the Client, Client’s authorised representative or at the discretion of the Monitoring Station. d) If the premises are found to have been physically damaged and the Client or their authorised representatives cannot be reached, the Monitoring Station at its discretion shall place a static guard and/or take other measures at the Monitoring Station’s discretion to secure and/or protect the premises and contents thereof, as an agent of necessity, until the next working day, and the Client agrees to pay the Company and/or its agent for the additional work at the Company’s rates.
e) The Monitoring Station may need to record all telephone conversations to or from its monitoring premises in compliance with AS 2201 and the Client agrees to this.
- Patrol Response and Key Pick Up
if your system is being monitored, a patrol response may be required to attend in the event of an alarm activation. A separate charge is applicable for each patrol attendance. A key pick up service is available if you require patrols to hold keys to your premises. A separate charge is applicable for this service.
- Service Limitations
Staysafe (Vic) Pty Ltd may be limited or unavailable in areas outside of Metropolitan Melbourne and Nominated Regional Centres. Services provided in these areas may attract additional surcharges.
- Terms and Termination
a) This Contract will remain in force for an initial period of one year and will be automatically renewed thereafter until terminated by written notice of at least one (1) month. If in the meantime, the Company has found it necessary because of legislative changes, and/or other reasons to alter its standard Contract wording, the Client agrees to adopt the new wording as at the date of the renewal of the Contract.
b) The Company may terminate this Contract immediately if the Client is in breach of any of these conditions or if the Client 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.
In the event of termination, the Client is responsible for all costs in relation to decommissioning of the Equipment and Monitoring service and any ongoing telephone call charges or other communication charges.
c) Staysafe (Vic) Pty Ltd may offset any overdue amounts against amounts paid in advance for monitoring services, with the term of monitoring reduced pro-rata for the set-off amount.
Quotation, Fee Increase and Arrears of Monitoring Fees
a) Quotations provided are valid for 30 days from the date of quotation and are inclusive of GST and any applicable discounts.
b) Prices quoted are subject to acceptance by the Client for the Equipment (and installation thereof) or Services (or both) as set out in this Contract.
c) Prices quoted are based on the following:
labour, material, storage and transport costs and costs incurred in fulfilling statutory 1 requirements (if any) at the date hereof; and
2 installation of the Equipment being effected during normal working days. The Company reserves the right to alter this Quotation (whether or not it has already been accepted) should there be any change in the costs referred to or, in the case of Equipment, if installation is to be effected other than as stated.
d) The Company may increase the service fee rates for monitoring and/or service response by giving written notice to the Client.
e) If payment for monitoring and/or service response is in arrears at any time Staysafe (Vic) Pty Ltd shall not be bound to perform any or all of such services and may cease such services without notice to the Client.
f) Cancellation within 24 hours of installation will incur a cancellation fee of $120. This applies subject to any legislative cooling off period under the Fair Trading Act 1999 (Vic.).
g) No reimbursements/refunds will be provided to customers for amounts below a dollar value equivalent to one month’s monitoring.