Service Terms – Alarm Monitoring Services

1. APPLICATION:

These Service Terms apply if we supply any Alarm Monitoring service under the relevant Order Form, in which case: (a) these Services Terms form part of and are incorporated in your Agreement with us; and (b) we agree to supply, and you agree to purchase and use, the Alarm Monitoring in accordance with these Service Terms and otherwise in accordance with your Agreement with us.

2. OBLIGATIONS AND RESTRICTIONS:

2.1 Alarm Monitoring. The Alarm Monitoring service enables your Security Systems send Alarm Conditions to our Control Room if your Security Systems are triggered at your Premises. Our Control Room’s response to the Alarm Condition is subject to these Service Terms, and depends on the details for your Alarm Monitoring service set out in the relevant Order Form (subject to these Service Terms).

2.2 Your general obligations. You must provide to us any information or data that we require to provide the Alarm Monitoring service to you, or that we reasonably request from time to time, and provide all reasonable assistance and cooperation to the extent such assistance and cooperation is required to allow us to supply the Alarm Monitoring service to you. You must also comply with our reasonable directions in relation to your use (and your Personnel’s use) of the Alarm Monitoring service.

2.3 Use restrictions. You must not (and must ensure that your Personnel do not) use, permit or facilitate the use of the Alarm Monitoring service outside of Australia or for any purpose other than your internal business purposes.

3. SECURITY SYSTEMS:

3.1 Approved Security Systems. Unless expressly agreed otherwise in your Order Form, you must only use the Alarm Monitoring service in connection with Approved Security Systems supplied by us. We supply Approved Security Systems to you in accordance with our Hardware Supply Service Terms. If agreed in your Order Form, we will install the Approved Security Systems at the relevant Premises.

3.2 BYO Security Systems. If we expressly allow you to use any CCTV camera, detector or alarm system that is not Approved Security System supplied by us in connection with your Alarm Monitoring service (“BYO Security System”), then the Alarm Monitoring service may not operate as intended and (subject to clause 6.4 of the General Terms) we have no liability of any kind to you arising out of or in connection with any failure of the Alarm Monitoring service due to any failure, defect or error in or in connection with any BYO Security System (including any defect, fault or error in the installation of the equipment).

3.3 Premises to be ready: You must ensure the Premises are ready (including by obtaining all applicable consents from the owner of, or other parties with an interest in, the Premises) for the installation and implementation of: (a) any Approved Security Systems at the Premises; and (b) any connection (or equipment or work required for such connection) to the telephone network or Internet required to ensure any Security System can communicate with our Control Room.

3.4 Damage to the Security Systems. You must not permit any person other than us and our Personnel to effect any replacement of parts, maintenance, adjustments or repairs to the Security Systems. You are responsible for any damage to or destruction of the Security System including the cost of repairs caused by or resulting from any of your acts or omissions (or those of your Personnel).

3.5 Connection to our Control Room. We will, at your cost, arrange for the connection of your Security Systems to our Control Room. The applicable connection and installation charges will be set out in your Order Form or otherwise agreed between you and us, and do not include any fees or charges you may have to pay directly to your third party service provider that provides or makes available to you the relevant telecommunications or mobile connectivity (Provider). Subject to clause 6.4 of the General Terms, are not responsible or liable to you for any delay in the implementation of such connection that is caused by the Provider.

4. MONITORING OF THE SECURITY SYSTEM:

4.1 Monitoring. We will monitor your Security Systems at from our Control Room in accordance with these Service Terms and the relevant Order Form. We warrants that our Control Room will at all times be staffed by our Personnel. As soon as reasonably practicable following receipt of an Alarm Condition we will advise one of the After-Hours Contacts. We will then, if so requested by that After Hours Contact, notify the Police.

4.2 After Hours Contacts. At or promptly following the commencement of the Agreement you must notify us in writing of: (i) the name, address and telephone number of the After Hours Contacts; and (ii) your preferred order in which the After Hours Contacts are to be contacted, which we will use its best endeavours to follow. You must notify us in writing of all alterations or additions to the After-Hours Contacts as soon as practicable.

4.3 Your responsibility: You must: (a) walk-test all Security System alarm points; (b) perform such other testing procedures as are advised in writing by us to you from time to time to ensure that the Security Systems are operating satisfactorily; (c) ensure that Security System faulty alarms are not left isolated and are corrected as soon as possible; (d) ensure that the Security Systems are put in the ‘Night Condition’ or ‘armed’ or ‘on’ whenever the relevant Premises are to be unattended; (e) ensure that the Security System key (where applicable) is kept in a secure place and immediately notify us in the event that it is lost or misplaced.

5. SECURITY PATROL:

5.1 Security Patrol. If you have agreed in the relevant Order Form or otherwise in writing with us to pay the Response Fee then, upon receipt of an Alarm Condition at our Control Room and if requested to do so by an After Hour Contact, we will have a Security Patrol Officer inspect the relevant Premises and subsequently report the results of such inspection to you or an After Hours Contact.

5.2 Post unauthorised entry. If, upon inspection of the relevant Premises, we determine that a break-in and/or unauthorised entry has occurred, we will, if requested by you or the an After Hour Contact: (i) service the Security System at your expense at our standard rates; (ii) where we are unable to effect repairs immediately to the Security Systems we may provide the services of a Security Patrol Officer(s) to patrol the Premises at your expense at our standard rates.

5.3 Availability of Security Patrol Officers. You acknowledge that the availability of a Security Patrol Officer varies from area to area. Normally, there are Security Patrol Officers on duty daily between 6.00pm and 6.00am. Such officers are also on duty during daylight hours on Saturday, Sunday and Public Holidays. Due to shift changes having to be allowed for we will use its best endeavours to send a Security Patrol Officer to the relevant Premises where an Alarm Condition occurs during daylight hours.

5.4 Security licensing disclosures. We disclose, in accordance with Section 38A of the Security Industry act 1997 (NSW), that: (i) the Security Patrol Officers are supplied to us by SNP Security; (ii) SNP Security holds a Master Licence M/L 400674602 (NSW); and (iii) the Security Patrol Officers are employees of SNP Security.

6. MAINTENANCE:

If you request us to do so we will (as soon as reasonably practically during our normal daytime business hours) provide such services and materials as may be reasonably necessary to maintain your Security System, at your expense and at our standard rates for maintenance services.  If you have requested maintenance services, our obligation to provide the maintenance services ceases immediately if the Security Systems (or any part of the Security Systems) is repaired, tampered with or removed from your Premises by any third party.

7. ACKNOWLEDGEMENTS:

7.1 Liability. Subject to clause 6.4 of the General Terms, we are not responsible or liable to you for any failure of the Alarm Monitoring service that arises from or in connection with: (a) any failure of your Security Systems or systems to communicate with us or our systems; (b) any Security System being out of battery or not connected to the mains electricity, or not being armed, activated or switched on; or (c) any failure from you or your Personnel to comply with any requirement or obligations set out in these Service Terms. Additionally, we are not an insurer and do not carry any insurance in respect of property stored or located at your Premises and, subject to clause 6.4 of the General Terms, we are not liable for loss or damage arising directly or indirectly in connection with any occurrence omission or consequences therefrom that the Security System may be designed to detect or avert.

7.2 Compliance with laws. You acknowledge and agree that we do not guarantee that the Alarm Monitoring service will make you or allow you to be compliant with any specific obligation you may have under any applicable law. You are responsible for ensuring that you comply with your own obligations under all applicable laws.

7.3 Not error-free. While we will use reasonable care in providing the Alarm Monitoring service to you, to the extent permitted by law (and subject to clause 6.4 of the General Terms): (a) we make no warranty and do not provide any guarantee in relation to the availability of the Alarm Monitoring service (or any part of it); (b) we do not represent or guarantee that the Alarm Monitoring service (or any part of it) is fault or error free, fit for a particular purpose or provides any particular outcome; and (c) we may but are not obliged to update or modify the Alarm Monitoring service (or any of its components) from time to time. If we modify or update the Alarm Monitoring service (or any of its components), we will use reasonable endeavours to notify you in advance.

8. DEFINITIONS:

In these Service Terms, any term defined in the General Terms have the meaning given to them in the General Term, and the following terms have the meaning given to them below:

• After Hours Contacts means those persons notified by you who may be contacted by us at any time outside normal business hours in the event that an Alarm Condition if received by our Control Room.
• Alarm Condition means a signal received from your Security Systems at our Control Room which is not identified by code or signal as an authorised entry to the relevant Premises.
• Alarm Monitoring means the service described in clause 2.1 of these Service Terms.
• Approved Security System means any security alarm system (including all necessary wiring and ancillary items, the Control Unit, any communication device and such further or other equipment in substitution or in addition as SAPIO PTY LTD may, with the concurrence of the Customer, consider necessary or appropriate) that we supply to you in connection with this Agreement.
• BYO Security System has the meaning given to it in clause 3.2 of these Service Terms.
• Control Room means that part of premises situated at 96 Anzac Avenue West Ryde, 56 Hudson Street Hamilton or elsewhere used by us for monitoring your Security System.
• General Terms means the General Terms available at: Terms and conditions.
• Premises means any premises or location in relation to which you ask us to provide the Alarm Monitoring service, as set out in your Order Form or otherwise agreed in writing between you and us.
• Response Fee means the fee payable by you to us for each Alarm Condition response requested by you or an After Hours Contact in accordance with clause 5.1 of these Service Terms.
• Security Patrol Officer means a security patrol officer engaged by us to attend the relevant Premises in response to an Alarm Condition.
• Security System means Approved Security System or BYO Security System, as applicable.
• SNP Security means Sydney Night Patrol & Inquiry Co Pty Limited ACN 000 013 098 trading as SNP Security (including any of its successors and assigns).