These Service Terms apply if we supply any installation or maintenance services 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 acquire, the On-Site Services in accordance with these Service Terms and otherwise in accordance with your Agreement with us.
2.1 Scope. We will provide the On-Site Services during business hours on Business Days and in accordance with the Order Form. We will agree with you the time(s) and date(s) on which we will attend your Site(s) to perform the On-Site Services.
2.2 Additional services. We may agree with you in writing additional On-Site Services in addition to those set out in your Order Form, in which case we will perform those additional On-Site Services in accordance with these Service Terms and at our then-current standard rates (which we will communicate to you at the time).
3.1 Authorised Representative. You must ensure that one of your Authorised Representatives is present at the relevant Site each time we attend that site to perform On-Site Services, and provide us with the contact details of such Authorised Representative in advance.
3.2 Your obligations. You must: (a) give us access to the relevant Site(s) as reasonably required to enable us to provide the On-Site Services; (b) give us information and assistance reasonably necessary to enable us to provide the On-Site Services at the relevant Site(s); (c) ensure that the relevant Sites are ready to enable us to perform the On-Site Services; (d) promptly perform any Customer Responsibilities; (e) obtain and maintain all licences, authorisations and consent required to enable us to perform the On-Site Services; and (f) cooperate with us and act reasonably in connection with your receipt of the On-Site Services. You acknowledge and agree that, other than as expressly agreed in your Order Form, it is your responsibility to supply, and we are not required to supply, any device, equipment (other than the tools our Personnel uses to provide the On-Site Services), connectivity or power required for us to perform the On-Site Services.
3.3 Site safety: You must ensure that your Sites and Personnel comply with all applicable work health and safety laws, and that your Sites are a safe environment for our Personnel when they provide the On-Site Services.
3.4 Our obligations. We must comply with, and ensure that our Personnel comply with: (a) your reasonable requirements, policies, procedures and directions with regard to conduct, behaviour, safety and security in relation to the relevant Site(s); and (b) all applicable work health and safety laws. We are liable for any damage to your Site to the extent that such damage is caused by the negligent act or omission of our Personnel.
If, as part of the On-Site Services, we (or any of our Personnel) are required to install or configure any third party software, platform, portal or firmware (Third Party Software): (a) you agree that we may accept and agree any end user licence agreement or similar terms and conditions relating to the Third Party Software (Third Party Terms) on your behalf; (b) you appoint us (and our Personnel performing the relevant On-Site Services) as your agent, and give us (and our Personnel performing the relevant On-Site Services) authority to bind you, for the sole purpose of accepting and agreeing the relevant Third Party Terms; and (c) you agree that you will be bound by, and that you and your Personnel must comply with, the relevant Third Party Terms.
5.1 Privacy and surveillance laws: You acknowledge and agree that we do not guarantee that the On-Site Services will make you or allow you to be compliant with any specific obligation you may have under any applicable law (including privacy and surveillance laws). You are responsible for ensuring that you comply with your own obligations under all applicable laws (including privacy and surveillance laws).
5.2 Responsibilities. You acknowledge and agree that, subject to clause 6.4 of the General Terms, if you fail to comply with any requirement set out in clause 3.2 of these Service Terms: (a) we may not be able to supply the On-Site Services to you; and (b) we are not responsible or liable for any delay in the provisions of the On-Site Services arising in connection with any failure to comply with 3.2 of these Service Terms.
5.3 Assumptions. We are not responsible for any failure to provide the On-Site Services where any assumptions or Customer Responsibility stated in your Order Form has not been met or fulfilled.
5.4 Liability. Subject to clause 6.4 of the General Terms, we are not responsible or liable to you for any failure of, or error or defect in, the On-Site Services, if such failure, error or defect arises in connection with: (a) any failure, fault or defect relating to any equipment or device not supplied by us; (b) any negligent act or omission of any of your Personnel; your failure to comply with clause 3.2 of these Service Terms.
We may suspend the On-Site Services at any time by notice to you if, in our reasonable opinion, the supply of the On-Site Services is likely to: (a) cause us or you to be in breach of any applicable law; or (b) threaten the health, safety or privacy of any individual. If we suspend the On-Site Services, your obligation to pay the applicable fees will also be suspended for the period during which the On-Site Services are suspended, unless the suspension arises in connection with your breach of these Service Terms.
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: SA56728 | NT: 348 | TAS: 20607