These Service Terms apply if we supply any Sapio CCTV 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 Sapio CCTV in accordance with these Service Terms and otherwise in accordance with your Agreement with us.
2.1 Sapio CCTV. The Sapio CCTV service allows your Surveillance Equipment to notify our monitoring centre if your Surveillance Equipment detects or registers any Activation in connection with your Premises. Our monitoring centre’s response to the Activation is subject to these Service Terms, and depends on the details for your Sapio CCTV 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 (including a valid email address and mobile phone number of at least one Key Holder for each Premises in relation to which we provide the Sapio CCTV service) or data that we require to provide the Sapio CCTV 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 Sapio CCTV service to you. You must also comply with our reasonable directions in relation to your use (and your Personnel’s use) of the Sapio CCTV service, and notify us immediately if any email address or mobile phone number you have provided to us changes or becomes inactive or invalid.
2.3 Use restrictions. You must not (and must ensure that your Personnel do not) use, permit or facilitate the use of the Sapio CCTV service outside of Australia or for any purpose other than your internal business purposes.
3.1 Approved Surveillance Equipment. Unless expressly agreed otherwise in your Order Form, you must only use the Sapio CCTV service in connection with Approved Surveillance Equipment supplied by us. We supply Approved Surveillance Equipment to you in accordance with our Hardware Supply Service Terms.
3.2 BYO Surveillance Equipment. If we expressly allow you to use any CCTV camera, detector or alarm system that is not Approved Surveillance Equipment supplied by us in connection with your Sapio CCTV service (“BYO Surveillance Equipment”), then the Sapio CCTV 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 Sapio CCTV service due to any failure, defect or error in or in connection with any BYO Surveillance Equipment (including any defect, fault or error in the installation of the equipment).
3.3 Requirements. It is your responsibility to: (a) ensure that your Surveillance Equipment conforms to the National Police Standards in relation to state of repair and maintenance; (b) obtain and maintain sufficient communications, telecommunications, networks and internet systems, equipment and services (including to allow Activations to be transmitted from your Premises to our monitoring centre); (c) ensure that the Surveillance Equipment remains connected to the mains electricity or any other sufficient source of electricity; and (d) ensure that the field of view of each CCTV camera remains clear and not obstructed at all times.
4.1 No service before tests are completed. We are not required to begin to provide the Sapio CCTV service (including responding to any Activation) in connection with your Surveillance Equipment and Premises unless and the initial testing contemplated in clause 4.2 below demonstrate that there is no fault or issue with your Premises or Surveillance Equipment.
4.2 Initial testing. As part of the commissioning process of your Sapio CCTV service, before live operation can occur, the following tests and controls will be undertaken in connection with your Surveillance Equipment and Premises to ensure the Sapio CCTV service can operate as agreed in your Order Form (or otherwise in writing between you and us): (a) location and field of view of your CCTV system; (b) sensitivity of detectors (if any), including those used to operate lighting; (c) clarity of images captured by the CCTV system; (d) the accuracy of recorded data, notably labels used to describe the CCTV system; and (e) any trend (such as any tree, branch, grass or fixture that obstructs all or part of the CCTV camera’s field of view) that can be identified in connection with your Premises.
4.3 Corrective actions. If the initial testing process contemplated in clause 4.2 above reveals any fault or issue: (a) we will notify you of those faults or issues; (b) you must take the relevant or required corrective actions; and (c) once corrective actions have been taken, your Surveillance Equipment and Premises will undergo the initial testing contemplated in clause 4.2 above again.
4.4 Restrictions. A detector or input device (such as a P.I.R) must not be allocated to more than one CCTV camera. Video motion detection (or VDM) must not be used in connection with your Surveillance Equipment without our prior written approval.
5.1 Activation process. Subject to remainder of this clause, we will respond to Activations in accordance with and take the actions agreed with you in your Order Form for the relevant Premises. Upon receiving an Activation and after checking the adjacent CCTV cameras:
5.2 Storage. We will store and retain Images and footage recorded by your Surveillance Equipment (“CCTV Records”) for a period not exceeding 30 days from the day on which the image or footage is captured. You can request that we store and retain your CCTV Records for a period longer than 30 days, in which case additional fees will apply. You must ensure that you retain your CCTV Records on your own systems for at least 30 days from the date on which the image or footage is captured.
5.3 False Activations. We may suspend or reduce the Sapio CCTV service by notice to you if we receive multiple false Activations: (a) for no identifiable reason (in Sapio’s reasonable opinion); or (b) from audio warnings (where fitted), animal nuisance or poor positioning of the CCTV cameras. We will resume or restore the Sapio CCTV service as soon as you have investigated and corrected the cause of the false Activations. If the causes of any false Activations are not corrected to our reasonable satisfaction within 14 days of the suspension or reduction of the Sapio CCTV service, we may to terminate the Sapio CCTV service by giving you at least 1-day notice.
6.1 Acknowledgments. You acknowledge and agree that: (a) we can only respond to Activations that are actually received and registered by our systems; (b) you are solely responsible for ensuring adequate and sufficient CCTV coverage of your Premises is maintained at all times, and for arming and disarming any Detector activated CCTV system as required; and (c) the Sapio CCTV service requires an interpretative response from Sapio’s Personnel each time an Activation is received, and Sapio’s response to the Activation is based purely on the information available to Sapio’s Personnel at the time and on that Personnel’s reasonable opinion and judgment.
6.2 Liability. Subject to clause 6.4 of the General Terms, we are not responsible or liable to you for any failure of the Sapio CCTV service that arises from or in connection with: (a) any failure of a your Surveillance Equipment or systems to communicate with us or our systems; (b) any Surveillance Equipment being out of battery or not connected to the mains electricity, or not being armed, activated or switched on; (c) any failure of any Surveillance Equipment to detect any event or intrusion where such failure is caused by any obstruction, poor lighting of the premises, insufficient CCTV coverage, fog, poor visibility, obstruction of the CCTV camera field of view or weather event; (d) any incorrect response, interpretation or decision of any Sapio’s Personnel in connection with any Activation, provided that Personnel acted reasonably; or (e) any failure from you or your Personnel to comply with any requirement or obligations set out in these Service Terms.
6.3 Compliance with laws. You acknowledge and agree that we do not guarantee that the Sapio CCTV 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.
6.4 Not error-free. While we will use reasonable care in providing the Sapio CCTV 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 Sapio CCTV service (or any part of it); (b) we do not represent or guarantee that the Sapio CCTV 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 Sapio CCTV service (or any of its components) from time to time. If we modify or update the Sapio CCTV service (or any of its components), we will use reasonable endeavours to notify you in advance.
If we are required to dispatch a patrol car or emergency services as part of the alarm response, you must pay any applicable fees that we notify to you in writing.
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:
ABN: 88 169 549 820 | Licenses: NSW: 000101018 | ACT: 17502283 | SA: 262413 | VIC: 87479810S | QLD: 3709952 | WA: SA49240 7S191 | NT: 348 | TAS: 20607