TERMS AND CONDITIONS
Alpha security systems agrees to monitor the alarm for the client commencing on the commencement day and continuing for the term (and after the term on the basis set out in this agreement) on the terms and conditions set out in this agreement.1) the client agrees to pay the deposit if any in respect of the purchase of the alarm on the date specified for payment of the deposit and agrees to pay the balance of the purchase price for the alarm on the date specified for payment of the purchase price or if no date is specified on completion of the installation of the alarm.
2) the client agrees to ensure that
2.1 the alarm and software installed by alpha security systems are regularly tested by the client and serviced and maintained such that it remains in good working order and condition.
2.2the alarm and software are repaired or replaced and updated as necessary to ensure that it is in good working order and conditions.
2.3 subject to any warranty or maintenance contract obligations imposed on alpha security systems by this or any other agreement between alpha security systems and the alarm and the update upgrades and maintenance of the software in addition to any other amounts payable by the client to alpha security systems under this agreement.
3.1 if the alarm and the software are installed by alpha security systems and part of the alarm or software is or becomes effective during the 90 days following the installation of the alarm and the software or the client and alpha security systems agree that alpha security systems will maintain the alarm and the software during the terms of this agreement.
3.2 then alpha security systems will either repair or replace at the option of alpha security systems the alarm or their software this clause will only apply if the client notifies alpha security systems of the defect within seven days of the defect arising and provides all other details reasonably requested by alpha security systems upon request this clause does not apply to any accidental or malicious damage caused to the alarm of the software by any person other than alpha security systems or any agent or employee of alpha security systems does not cover damage caused by misuse or by repair modification installation of the alarm of the software not authorized by alpha security systems and also does not apply to batteries reprogramming, damage by a lightning electrical surge or wire brakes. Alpha security systems is not the manufacturer of the equipment, and the warranty of the manufacturer is separate from an in addition to this warranty and any maintenance contract if the client and alpha security systems agree that alpha security systems will maintain the alarm then the application on alpha security systems to maintain the alarm and their software will be limited to the obligations imposed on alpha security systems by this clause and will be subject to this agreement.
4. except as required by law alpha security systems make no warranty or representation as to the condition merchantability or fitness for the purpose of the alarm or the software.
5.the client authorizes alpha security systems to do such things as are reasonably necessary in connection with the premises to install the alarm and the software including drilling holes inserting nails or screws laying ductwork and cables both visible and non-visible and providing alpha security systems exercises reasonable care alpha security systems is not liable to make any good any damage caused in the course of installing the alarm or the software the property in the alarm and all the other equipment installed by alpha security systems does not pass from alpha security systems to the client until alpha security systems is paid in full for the property and retains full title to the property until payment in full and received if alpha security systems is not paid in full for the property and this agreement is terminated in the client authorizes alpha security systems to enter onto the premises and remove the alpha security system property and do all things necessary to remove the alpha security systems property from the premises and provided alpha security systems exercises reasonably alpha security systems is not liable for any damage caused in the course of removing alpha security systems property.
6. The client acknowledges and agrees that alpha security systems are not provided any advice in relation to compliance with laws relating to fire safety and in particular has not provided advice as to whether the alarm or the software meets any laws or regulations relating to fire alarms generally or the type or model of fire alarm to be installed on the premises and the client agrees and acknowledges that it will make such inquiries and provide alpha security systems with any information necessary to comply with fire safety laws and regulations when installing the alarm and the software if this information requires the relocation or any part of the alarm in the client will be liable for the cost or expenses of this relocation if this information requires the specifications of the alarm all the software to change than the client we liable for the cost and expenses including the cost of upgrading equipment or software of this change if the client fails to take any actions which it is required to take under this agreement including this clause that alpha security systems may take action and the client authorizes alpha security systems to take such action and must pay to alpha security systems the costs and expenses of taking such action if alpha security systems take or is required to take any action in connection with fire safety including any action contemplated by this clause whether or not the action is responsible of alpha security system or the client then the client will be responsible for the cost and expenses of taking such action.
7. The client agrees to pay to alpha security systems immediately on receipt of an invoice the attendance fee in respect of any attendance by security patrol at the premises following receipt of any alarm signal.
8. if the client and alpha security systems enter into a maintenance contract then the client agrees to pay to alpha security systems the maintenance fee at the time and with the frequency set out in the schedule for the term of this agreement.
9. alpha security systems can increase the monitoring payment attendance fee and the maintenance fee each year on the anniversary of the date of this agreement; the increase must not exceed the increase in the CPI for the preceding 12 months or 10% whichever is greater.
10. the client agrees to pay any payments for these costs and expenses in any way connected with permit fees false alarms false alarm fines police or fire response any damage to personal or real property or personal injury caused by police or fire department response to the alarm whether a false alarm or otherwise including payments fees costs and expenses connected with the refusal of the police or fire department to respond to any alarms.
11. the client must obtain and maintain policies of insurance in respect of public liability property damage burglary fire and theft with policy limits and terms and conditions such that any reasonably foreseeable potential loss for any of the insured matters is covered by such insurance.
12. the client must do all things necessary including and complying with alpha security systems reasonable directions to ensure that alpha security systems does not receive false or excessive alarms or excessive transmission from the alarm the client must pay to alpha security systems the cost and expenses incurred by alpha security systems in connection with excessive alarms or excessive transmission from the alarm the client must also ensure that the alarm does not interfere with normal operations of alpha security systems if in the reasonable opinion of alpha security systems the alarm is interfering with normal operations then alpha security systems May suspend the monitoring services until the in interference seizes and the client must pay any cost or expenses incurred by alpha security systems in connection with such interference and recommencing providing the monitoring the client agrees that alpha security systems can refrain from taking action in respect of the alarm signal if for any reason excessive false alarms are received from the alarm.
13. the client agrees and acknowledges that the software is the property of alpha security systems that the client has a license to use the software during the currency of this agreement and that alpha security systems May remove the software from the alarm on the termination of this agreement.
14. The client agrees and acknowledges that
14.1 The actions of the fire department and police are out of the control of alpha security systems.
14.2 but the response time of the fire department police and security patrols May vary and that for reasons out of the control of alpha security systems there may be no response.
14.3 that receipt by alpha security systems of a signal from the alarm is dependent on a number of factors out of the control of alpha security systems including the continuation of power and electricity supply and maintenance and repair of the alarm by the client.
14.4 that alpha security system is not an insurance and does not provide insurance coverage to the client and does not indemnity decline in respect of loss or damage.
14.5 alpha security systems are not providing any advice to a client in relation to the suitability of the type of alarm, the type of software or the location of the alarm within the premises.
14.6 while the alarm and monitoring alarm is designed to reduce risk there is no guarantee that risk will be reduced or that any burglary theft hold up fire or property damage will be reduced or prevented by the alarm monitoring of the alarm, the alarm may be compromised, the alarm should have a separate telephone or data line.
15. consequently the client agrees that given alpha security systems uses its best endeavours to comply with this agreement alpha security systems will not be in any way liable for any loss damage fees cost or expenses incurred by the client in any way in connection with.
15.1 false alarms, false alarm fines, police or fire department response any damage to personal or real property or personal injury caused by the police or fire department response whether to a false alarm or otherwise or the refusal of the police or fire department to respond.
15.2 any theft, burglary, fire and malicious damage in connection with the premises or the failure of alpha security systems to receive a signal.
15.3 damage to any equipment (including computer equipment) or software or data which is attached to the alarm or the same telephone or data line as the alarm or any virus received onto any such equipment.
15.4 damage to (including by way of fire) The premises or theft of or damage to any goods or cash situated on the premises.
15.5 any interruptions to any business is operated by the client from the premises.
15.6 any injury to any person which occurs on the premises.
15.7 except to the extent that they arrived safely from the negligence of alpha security systems.
16.alpha security systems are not responsible for the maintenance service or repair of the alarm unless the client and alpha security systems enter into a maintenance contract or alpha security systems agree in writing to carry out repairs or maintenance to the alarm subject to any warranty obligations that alpha security systems may have.
17. the client will provide alpha security systems with names and telephone numbers of up to 3 persons whom the client wishes should the contact in the event of receipt of a signal from the alarm in the event of a signal being received from the alarm alpha security systems will notify such person or persons as alpha security systems reasonably consider requires notification.
18. if alpha security systems incur any liability for any payment in connections a permit license or approval referred to in this clause, then the client indemnities alpha security system in respect of such liability.
19. the client authorizes alpha security systems to record and store in a manner determined by the alpha security system in its absolute discretion audio files video files data communications documents, and such other files and documents in connection with the alarm and the premises as alpha security systems reasonably specifies alpha security systems has no obligation to record or store any data file was communications or documents and will be in no way liable or responsible for the failure to store or record any data files communications or documents this clause applies to both electronic and non-electronic files data communications and documents the data file was communications and documents referred to in this clause will be the exclusive property of alpha security systems.
20. if any payment of any amount payable by the client to alpha security systems under this agreement is not paid within seven days of the payment failing due, then alpha security systems may by notice to the client suspend any one or more of the monitoring service the attendance by patrol or the obligation to provide maintenance under the maintenance contract until the payment is made any suspicion under this agreement including under this clause or clause 19 does not affect the obligation of the client to continue to pay any amounts which forward you by the client to alpha security systems during the period of such suspension.
21. either party May terminate this agreement if the other party breaches this agreement; the non-breaching party gives the breaching party seven days’ notice in writing of the breach, and the breach is not remedied. Either party may terminate this agreement if the other party goes bankrupt or is insulting under administration as defined by the corporation act 2001 as amended in the event that this agreement is terminated for any reason the client authorizes alpha security systems to enter onto the premises to access and reprogram the control panel for the alarm as reasonably necessary if this agreement is terminated by alpha security systems as a result of a breach of this agreement by the client then the client must pay to alpha security systems 80% of the net present value of the amounts due under the agreement for the period between the date that this agreement is terminated by alpha security systems and the date that the term of this agreement would have expired but for such termination.
22. Except to the extent to which is contrary to law the parties agree that the maximum liability of alpha security systems to the client for any breach of this agreement or any act neglect or default of alpha security systems or any of its officer’s employees consultants or subcontractors must not exceed the amount paid by the client under this agreement at the date of the breach or act as the case may be.
23.this agreement is made in and is subject to the laws of the state of South Australia the parties irrevocably and unconditionally submit exclusively and for all purposes in connection with this agreement to the jurisdiction of the courts of South Australia any or actions which may be brought by the part is to this agreement in relation to or in any way connected with arising out of agreement must be brought to courts located in South Australia.
24. if a security patrol attends at the premises after an alarm signal in the security patrol will not be required to enter the premises unless it is specified agreed in writing between alpha security systems and the client that the security patrol will enter onto the premises and the client provides a key to enable the security patrol to enter onto the premises the security patrol will at the request of the client remain at the premises provided that alpha security systems has sufficient resources to allow the security patrol to remain at the premises which is not guaranteed and also provided that the client must pay to alpha security systems the attendance fee for each half hour or part thereof that the security patrol remains are the premises at the request of a client if the security patrol attends at the premises and response to an alarm signal or at the request of a client then the client authorizes the security patrol to enter onto the premises and to take such action to secure the premises as the security patrol considers reasonably necessary in the event that the premises has been broken into in this event there is no guaranteed that any action taken by the security patrol will be adequately secure the premises
25. if it is agreed that medical alert is included in the monitoring services then upon receipt of a medical alert signal alpha security systems must use it’s best endeavours as soon as possible to contact those persons reasonably designated by the client and notify them that alpha security systems has received a medical alert alpha security systems shall have no obligation in addition to this in relation to a medic alert.
26. after the expiry of the term of this agreement the agreement shall continue until one party gives another party 30 days notice of termination of this agreement and this agreement shall expire on the expiry of that period of 30 days.
27. alpha security systems May assign its right under this agreement without the consent of the client may not assign the clients rights under this agreement without the consent of alpha security systems which consent alpha security systems May withhold in its discretion.
28. neither party will be liable to any other party under this agreement, and no party will be in default of this agreement for a failure to perform or a delay in performing which arises as a result of any act not reasonably within the control of that party including failure of telephone or electrical services fire flood lightning storm and strikes blackout and other industrial dispute act of war rights and explosions and government restrictions and unavailability of equipment this obligation will not apply to any obligation to make payment under this agreement or any obligation to indemnify included in this agreement.
29. any terms used in this agreement shall have the meanings given to those terms in this agreement including the schedule to this agreement where there’s any inconsistency between the schedule and the balance of this agreement the schedule will apply.
30. a statement in writing by alpha security systems specifying that an amount is due by the client to alpha security systems will without it being necessary to produce any books or documents or other evidence be primeval evidence that the amount specified to be due is due.
31. The client must pay interest to alpha security systems on all monies outstanding by the client to alpha security systems and on any judgment obtained by alpha security systems against the client at a ratio of interest 5% over the Commonwealth Bank overdraft index rate interest payable under this clause is calculated daily and capitalized monthly and capitalized interest is included in the terms all monies outstanding in this clause.
32.the client must pay to alpha security systems any costs including legal costs on a full indemnity basis incurred by alpha security systems in any way in connection with any bridge or non-compliance by the client with this agreement.
33. this agreement sets forth the entire agreement and understanding of the parties in relation to the subject matter of this agreement and merges all prior discussions and agreements between them except as required by law no covenants conditions obligations provisions or terms will be implied in this agreement or arise between the parties by way of collateral or other agreement a waiver of the rights of any party or an amendment to this agreement is not effective unless in writing.
34. if it is held by a court of competent jurisdiction that any part of this agreement is void invalid or unenforceable or this agreement would be void invalid or unenforceable unless a part of this agreement is severe did from this agreement then that part must be severed from and will not affect the continued operation of the remainder of this agreement.
35. a reference to any amount payment or percentage is a reference to that amount payment or percentage exclusive of GST unless the amount payment or percentage is specifically Express to be inclusive of GST and where a party is required to pay any amount under this agreement that party is required to pay GST in addition to that amount payment or percentage unless the amount payment or percentage is specifically expressed to be inclusive of GST and a reference to GST means GST as defined by new tax system goods and services tax ACT 1999 as amended anything which a party does was required to do under this agreement may be done by contractor consultant or employee of that party the expression terminated and termination where they refer to this agreement include expiry of this agreement and termination by alpha security systems all the client if under this agreement any party is required to pay the cost or expenses of any action or doing anything and the other party pays for it’s liability to pay for such costs or expenses then the party that is required to pay the cost of expenses shall be reimbursed the party who makes was liable to make payment for such costs and expenses.