SERVICE TERMS AND CONDITIONS

These terms are applicable to services described in the Security Services Agreement 

1. DEFINTIONS

In this agreement the following terms shall have the following meanings: “Business hours”  means the period between 0830 hours and 1700 hours on any day except Saturday, Sunday, public holidays and provincial anniversary day as observed where the premises are situated.

“Force majeure” includes but is not limited to an act, omission or circumstance as such as failure of any National telecommunications carrier, power failure, disaster or natural or other event over which we could not reasonably have exercised control and which affects our ability to provide our services.  

“Other company” means any security firm entered in the schedule to this agreement, next to the reference “Provider” (other than Independent security consultants’ ltd).

 “Provider” means any other company owned by Independent security consultants ltd.

“Premises” means the installation address contained in the Security Services Agreement.

“Security services” means the service(s) selected in the Security Services Agreement, and described in the section labelled "Services Purchased".

“Security system” means your security equipment installed on the premises.

“We or us” means independent security consultants ltd, its agents, contractors or assigns. 

“You” means you, the Client.

“Client” means the person(s) or company described in the section "Client". 

“undersigned”  means the person signing the agreement on behalf of the Client. 

2. SECURITY SERVICES

We shall provide those services selected in the schedule(s) to this agreement as follows:

(a) Where this Security Services Agreement includes the provision of alarm monitoring and/or patrol services and/or response services, the instructions pertaining to these are detailed on the shedules accompanying this agreement. 

(b) Alarm monitoring will usually commence when all necessary monitoring and response equipment has been installed, all necessary information has been obtained and the security system connected to a suitable network. 

(c) If your instructions were for us to dispatch a mobile patrol to the premises after the receipt of an actionable alarm then we will dispatch a mobile patrol to attend the premises as soon as possible to determine as far as is practicable whether the premises is secure. If you have provided us with keys to the premises then we will endeavour to enter the premises to ascertain as far as is practical whether they are secure. If you have not provided us with keys to the premises then we will observe whether the premises appear to be secure by means of an external visual check at street level of accessible areas immediately adjacent to the area in which it is believed the alarm has been activated.

(d) If your instructions were for us to advise a third party then we shall make reasonable efforts to advise such of the actionable alarm in accordance with the response services selected. 

(e) If you have requested a contact callout we will make reasonable endeavours to locate your contact to attend the premises. 

(f) If the premises appear to have been rendered insecure and we have not been requested by you to make a contact call out or if your contact callout is not contactable, then you authorise us at your cost to take whatever action we, in our sole opinion consider necessary to secure the premises including (but not limited to ) engaging tradesmen such as locksmiths, glaziers and carpenters, to carry out repairs to the premises or if we consider such tradesmen unavailable or inappropriate, stationing a static guard at the premises until the commencement of the next working day. You will pay us for all costs in securing your premises including subcontractors and static guard together with all materials utilised by such subcontractors within fourteen (14) days of presentation of invoice by either us or the subcontractor concerned.

(g) If we have keys to the premises and an applicable code(s) for the security system, the mobile patrol will endeavour to reset the security system.

(h) Where you have selected pre-determined routine patrols of the premises any damage or the property is deemd to be insecure, we will proceed as in clauses (c) through (f) above.

3. DURATION AND CANCELLATION

(a) Your monitoring services will be for a minimum fixed term as stated on you contract.

(b) You may cancel your monitoring services during the term of this agreement by making payment to us for the full unexpired portion of the agreement and payment of any arrears. 

(c) You may cancel your Security Services Agreement from the expiry of your agreed term by giving one calendar months' notice in writing. 

(d) If at the expiry of your initial agreed term and we have not received prior notice of cancellation, this agreement for the provision of security services will be deemed to be renewed on a month to month basis. 

(e) Upon cancelling an alarm monitoring service, it may be necessary for a technician to visit the premises and re-program the alarm system to cease sending signals to our control room. You acknowledge that we reserve the right to make a reasonable charge to cover this cost.

(f) We may cancel or suspend your monitoring service where you fail to complete and return and necessary documentation or where you allow your security system to operate or be operated in a way, which causes false alarms. In this situation we will endeavour to advise you in writing 14 days before we cancel or suspend your service to allow you time to remedy the problem. We will reinstate the monitoring service once you have notified us that the fault has been remedied.

(g) If at any time we are unable to procure or retain the rights necessary for the transmission of the signals between our monitoring station and your premises the monitoring service may be cancelled.    

4. OUR RESPONSIBILITIES TO YOU: 

(a) All reasonable efforts will be made to ensure that the security services we have agreed to provide are delivered to you as agreed. Where we are unable to achieve this we will male reasonable efforts to inform you.

(b) We will be courteous and helpful and make reasonable efforts to respond promptly to your enquires. 

(c) Where a contact callout is required to be contacted via cellular phone(s) an additional monthly charge may apply. The charge will be confirmed with you when your response details are considered.

(d) Where partitionable areas are required to be monitored in commercial premises an additional monthly charge may apply. The charge will be confirmed with you either at the time of your enquiry or by providing you with notice in writing, confirming the charges that will be applicable. 

(e) You acknowledge and understand that where “pet friendly” detectors are installed, the manufacture specifies certain limits in respect to the number and size of any animals. Where these limits are exceeded or the animals are able to get within 1.8 meters of the detector, alarm activation is likely to occur. 

5. YOUR RESPONSIBILITIES TO US

You agree to:

(a) Provide and maintain an appropriate source of electricity as well as a fully operational telephone line.

(b) No cause false activations through misuse by any person operating your system, or allow animals or other persons to activate the system while it is armed. 

(c) Inform us of changes to your address, contact name, telephone numbers, and patrol and service companies in writing or by email as soon as they occur. 

(d) Obtain consent from the owner of the premises where security services are required in premises not owned by you. You agree that we will be indemnified against any claims which the owner of the premises may make with regard to the provision of the security services

(e) Return all equipment owned by us, or provide reasonable access so that we may recover all equipment, in the event your security services are cancelled. 

(f) Make all payments due to us and when they are due.

(g) Take care of all the security equipment installed and advise us as soon as you are aware of any component being damaged, not working correctly or stolen. 

(h) Provide reasonable and suitable access for the prompt repair or replacement of equipment.

(i) Not tamper with or move any component of the security system without prior agreement from us.

(j) To provide at your cost keys to the premises, delivered to us, to enable us to carry out our alarm response.

(k) Immediately notify us:      (i) If at any time the use or layout of the premises is altered or the level of security risk changes from that laypout applying at the date of this agreement: or      (ii) If you alter or add to the security system.

(l) Make sure all the information you give us is correct and complete.

(m) Follow instructions we provide about using our services and only use them for lawful purposes. 

(n)  Use our services without annoying anyone and without interfering with anyone else’s use of our services.

(o) Pay for dispatch patrols, when they are dispatched by us, even when subsequent to dispatch you cancel the dispatch. 


6. OWNERSHIP

(a) You acknowledge that ownership of any Security System and associated items installed by the company remain the property of the company and that title does not pass you until such time as they are paid for in full.

PRICE AND PAYMENT FOR YOUR SECURITY SERVICES

a) The current monthly price for the provision of services are as detailed in the Security Service Agreement. We may on one month’s written notice increase the monthly price for services outlined in the Security Service Agreement.

b) You agree to pay all charges for the Security Services provided to you according to the agreed method, term and dates. Payment for response service to an alarm activation and routine maintenance will be made in accordance with the terms contained in the account sent to you for such services. Where automatic bank authority forms have not been completed and returned to us you will need to complete and return the bank authority to us within 14 days otherwise the service will be suspended until it is received.

c) In the event that payment is not received you acknowledge and agree that we may suspend or cancel the monitoring services and any other security service we provide.

d) You may be liable for any cost we incur enforcing these terms.

8. OUR LIABILITY TO YOU

a) Where we have performed Security Services and through a breach of this contract or due to our negligence you have suffered a loss, direct or indirect, with or without consequential loss, we will pay the reasonable cost of repairing the damage or making good the loss up to a maximum of: (i) $2000 for any event or any series of related events: (ii) a total of $6000 in any 12 month period. The warranties contained in the Consumer Guarantees Act 1993 will not apply to our services or goods provided under the agreement when they are acquired for business purposes.

9. EXCLUSION OF ALL OTHER LIABILTY BY US TO YOU

a) We have set out your rights to claim compensation from us. We now exclude all other liability we may have to you. This exclusion also applies for the benefit of these people: (i) every company owned by Independent Security Consultants Ltd (ii) any agents or subcontractors, employees and everyone else the aforementioned people are responsible for (iii) anyone else we get to perform or responsibilities under any agreement you have with us.

b) None of us is liable to you or has to pay you for anything else caused by or resulting from anything, any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by the agreement you have with us, other than those mentioned in 8. a).

c) This exclusion applies whatever you are claiming for and however liability arises or might arise if it were not for this clause.

d) This exclusion (unless the services or goods are provided or acquired for business purposes) does not limit any rights you may have under the Consumer Guarantees Act 1993.

10. LIMITATION OF OUR LIABILTY

a) We have set out our rights to claim compensation from us and excluded all other liability we or any of the people listed in the clause above may have to you. If any of us is ever liable to you and, for any reason, any of us cannot rely on the exclusion of liability set out in the cause above then this clause applies.

b) Where this clause applies, the maximum combined amount of all of us (together) will have to pay you and anyone else who uses the services we provide you (together) is: (i) $2000 for any event or any series of related events. (ii) a total of $6000 in any 12 month period. This limitation does not limit (unless the good or services are provided or acquired for the business purposes) any rights you may have under the Consumer Guarantees Act 1993.

11. PERSONAL INFORMATION

We will need to collect and hold information about you, as this may be required for credit enquiries and/or the provision of Security Services. You agree that we may record all telephone conversations relating to your Security Services. You agree and acknowledge that we may share the information with other parties involved in providing Security Services or other products and/or credit you. You may have access to this information and ask us to correct anything that is wrong.

12. NOTICES AND CORRESPONDENCE

We will send all notices to you either to the last postal address or fax number you provided. We will assume that any advice sent by mail has been received 2 days after it has been posted. Likewise all faxes have been received immediately if a correct confirmation advice is received.

13. CHANGES TO OUR TERMS OF BUSINESS

Our terms may be changed by notice in writing to you from our managing director. If any term(s) are held to be invalid for any reason. This will not affect the validity of the remaining terms.

14. INDEMNITY

You Indemnity us against any loss, damage, cost or expense suffered by us as a result of any failure by you to perform your obligations under the agreement.

15. ASSIGNMENT

You will not assign your rights or transfer your obligations under this agreement without prior written consent. We may transfer or assign all or part of our rights or obligations without your consent. We may subcontract the performance of all or any of this agreement.

16. WAIVER

a) No right under this agreement shall be deemed to be waived expect by notice in writing signed by both of us. b) A waiver by us will not prejudice or rights in respect of any subsequent breach of this agreement by you .c) Any failure by us to enforce any clause of this agreement or any forbearance, delay or indulgence granted by us to you, will not be construed as a waiver of our rights under this agreement.

17. ENTIRE AGREEMENT

This agreement constitutes the entire agreement between you and us for the provision of the Security Services. Any prior arrangements, agreements, presentations, or undertakings are superseded. No modification or alteration or any clause of this agreement will be valid expect signed by both of us.

18. SEVERABILITY

If any provision of this agreement is held invalid, unenforceable or illegal for any reason this agreement shall remain otherwise in full force apart from such provision which shall be deemed deleted.

19. FORCE MAJEURE

a) We will not be liable for any delay or failure to perform its obligations if such failure or delay is due to force majeure.

b) We will notify you as soon as practicable of any anticipated delay due to force majeure. The performance of our obligations under this agreement will be suspended for the period of the delay due to force majeure.

20. TERMINATION

Without limiting the generality of any other clause in this agreement, we may terminate this agreement immediately by notice in writing if:

a) Any payment due from you to us pursuant to this agreement remains unpaid for a period of seven (7) days.

b) You breach any other clause of this agreement and such breach is not remedied within (30) days of written notice by us.

c) You permanently vacate the Premises. Either party may terminate this agreement immediately on notice in writing to the other if:

d) The other party becomes, threatens or resolves to dissolve or is in jeopardy of becoming subject to any form in insolvency administration:

e) The other party, being a partnership, dissolves, threatens or resolves to dissolve or is in jeopardy of dissolving

f) The other party, being a natural person dies. If notice of termination is given to you we may, in addition to terminating this agreement

g) Retain any moneys paid

h) Charge a reasonable sum of work performed in respect of which work no sum has been previously charged.

i) Be regarded as discharged from any further obligation under this agreement

j) Pursue any additional or alternative remedies provided by law

k) Charge you for the service fees that would have been payable by you to the end of the terms of this agreement

21. YOUR ACKNOWLEDGEMENT

(a) That the services provided under this agreement may not prevent the premises being rendered insecure, accordingly you accept that loss or damage to property and death or injury to persons may occur even though we have made reasonable endeavours to satisfy the obligations under this agreement.

(b) We shall not be required to supply performance records, history or other reports to anyone other than you.

(c) That we can record all telephone conversations with you and you hereby irrevocably authorise and agree to adopt this procedure.

22. ACCESS

You shall ensure our personnel and agents have full and safe access to the premises at all times for the purpose of providing the services.