Telstra SNP Monitoring Terms & Conditions
Except to such extent (if any) as the context otherwise requires these expressions used in these Terms and Conditions have the following meanings:
(a) ‘After Hours Contacts’ means those persons notified by the Customer who may be contacted by TSM at any time outside normal business hours in the event of an Alarm Condition.
(b) ‘Agreement’ means the agreement between TSM and the Customer for the provision of the Security System, monitoring, alarm response and any other related services.
(c) ‘Alarm Condition’ means a signal received from the Customer’s Security System at TSM’s Control Room which is not identified by code or signal as an authorised entry to the Customer’s Premises.
(d) ‘Customer’ means the person for whom TSM provides whole or partial Security System installation and / or monitoring and related services.
(e) ‘Customer’s Premises’ means the address at which the Security System is installed.
(f) ‘Discontinued Period’ means the period during which services of TSM are discontinued in accordance with clause 12(a).
(g) ‘Expiry Date’ means the end date of the Term.
(h) ‘GST Law’ means the goods and services tax imposed under A New Tax System (Goods and Services Tax) Act, 1999 (Cth) or any amendment or replacement legislation.
(i) ‘Price’ means the price payable by the Customer to TSM for the whole or partial supply, and / or for monitoring and related services, of the Security System.
(j) ‘Response Fee’ means the fee payable by the Customer to TSM for each Alarm Condition response requested by Customer or an After Hours Contacts in accordance with Clause 4 of the Agreement.
(k) ‘Security System’ means the Customer’s security alarm system, wholly or partly supplied and / or monitored by TSM, 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 TSM may, with the concurrence of the Customer, consider necessary or appropriate.
(l) ‘SNP Security’ means Sydney Night Patrol & Inquiry Co Pty Limited ACN 000 013 098 trading as SNP Security, its successors and assigns.
(m) ‘Telstra’ means Telstra Corporation Limited (ABN 33 051 775 556).
(n) ‘Term” means the period of the Agreement.
(o) ‘Terminating Party’ means either TSM or the Customer giving notice to the other of termination of the Agreement at or following the Expiry Date in accordance with Clause 12(b).
(p) ‘the Provider’ means Telstra and / or such other entity as may from time to time be the owner or authorised operator of the landline or telephone network to which the Security System is connected.
(q) ‘TSM’ means Telstra SNP Monitoring Pty. Ltd. A.B.N. 88 169 549 820, its successors and assigns.
(r) ‘TSM’s Control Room’ means that part of premises situated at 937-941 Victoria Road West Ryde, 54 Hudson Street Hamilton or elsewhere used by TSM for monitoring the Security System.
(s) ‘TSM Security Patrol Officer’ means a security patrol officer engaged by TSM to attend the Customer’s Premises in response to an Alarm Condition.
(t) Except to such extent (if any) as the context otherwise requires:- words and phrases importing a singular number shall include the plural and vice versa; words and phrases importing the masculine, feminine or neuter gender shall include the other genders;the word ‘person’ shall include a company, corporation, firm or body of persons; any covenant by two or more persons shall be deemed to be given jointly and severally.
2. SUPPLY, INSTALLATION AND CONNECTION OF THE SECURITY SYSTEM:
(a) TSM, in consideration for the payment of the Price, shall as applicable and requested by the Customer:-(i) supply, wholly or in part; and (ii) install; and / or (iii) arrange for the connection to TSM’s Control Room, of the Security System at the Customer’s Premises.
(b) TSM shall provide to the Customer all necessary advice concerning preparation of the Customer’s Premises to enable installation and / or connection of the Security System. The Customer shall be responsible for making ready the Customer’s Premises to receive, and / or have connected to TSM’s Control Room, the Security System, including the provision of all installation facilities recommended by TSM.
(c) The Customer shall obtain all necessary consents (if any) from the owners of, or other parties with an interest in, the Customer’s Premises to enable such work to be carried out.
(d) TSM shall commence and complete, as applicable, the supply, installation and / or connection to TSM’s Control Room of the Security System promptly.
(e) The Security System at the Customer’s Premises shall be connected to TSM’s Control Room by a landline or telephone network of the Provider.
(f) TSM will: (i) make all necessary applications to Telstra for connection of the Security System to TSM’s Control Room; (ii) arrange for the connection of the Security System to the Provider’s landline or mobile telephone network.
(g) Responsibility for connection costs is as follows:(i) TSM will be responsible for all costs for connection of the Security System to TSM’s Control Room by mobile telephone network. (ii) The Customer will be responsible for all costs for connection of the Security System to TSM’s Control Room by landline or internet.
(h) TSM shall not be responsible for any delay on the part of Telstra in providing such connection nor will any such delay prejudice the Agreement.
(i) Any part of the Security System supplied by TSM shall become the property of the Customer at the end of the Term provided the Price has been paid in full. If the Price has not been paid in full the provisions of Clause 17 shall apply.
3. MONITORING OF THE SECURITY SYSTEM:
(a) During the term of the Agreement TSM, in consideration for the payment of the Price, shall monitor the Customer’s Security System at TSM’s Control Room.
(b) At or promptly following the commencement of the Agreement the Customer shall notify TSM in writing of: (i) the name, address and telephone number of the After Hours Contacts; and (ii) the Customer’s preferred order in which the After Hours Contacts are to be contacted, which TSM will use its best endeavours to follow.
(c) The Customer shall give written notice to TSM of all alterations or additions to the After Hours Contacts.
(d) TSM warrants that TSM’s Control Room shall at all times be staffed by employees of TSM. As soon as reasonably practicable following receipt of an Alarm Condition TSM shall advise one of the After Hours Contacts. TSM shall, if so requested by that After Hours Contact, notify the Police.
4. ALARM CONDITION RESPONSE:
(a) In addition to the Price, the Customer may elect to pay to TSM the Response Fee advised by TSM to the Customer.
(b) In consideration of the Customer agreeing to pay the Response Fee, TSM shall, in accordance with the instructions of the Customer or the After Hours Contacts, upon receipt of an Alarm Condition have a TSM Security Patrol Officer inspect the Customer’s Premises and subsequently report the results of such inspection to the Customer or an After Hours Contact. Such response services shall be in addition to the services specified in Clauses 3(a) and (c) above.
(c) If, upon inspection of the Customer’s Premises by a TSM Security Patrol Officer pursuant to Clause 4(b) above, it is determined that a break and / or enter has occurred, TSM will, if requested by the Customer:(i) service the Security System at the Customers expense with TSM to charge its usual rates;(ii) where TSM is unable to immediately effect repairs to the Security System it may provide the services of a TSM Security Patrol Officer(s) to patrol the Customer’s Premises at the Customer’s expense with TSM to charge its usual rates.
(d) The Customer, in agreeing to pay the Response Fee, acknowledges that the availability of a TSM Security Patrol Officer varies from area to area. Normally, there are TSM 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 TSM shall use its best endeavours to send a TSM Security Patrol Officer to the Customer’s Premises where an Alarm Condition occurs during daylight hours.
(e) TSM discloses, in accordance with Section 38A of the Security Industry act 1997 (NSW), that:(i) the TSM Security Patrol Officers are supplied to TSM by SNP Security;(ii) SNP Security holds a Master Licence M/L 400674602 (NSW);(iii) the TSM Security Patrol Officers are employees of SNP Security.
5. PAYMENT OF PRICE:
(a) The Customer shall pay to TSM the Price.
(b) The Customer shall pay any additional fees payable pursuant to the Agreement within seven (7) days of its receipt of TSM’s Tax Invoice.
6. PAYMENT OF GST:
(a) The Price and any other fees or charges specified by TSM as payable by the Customer under the Agreement are exclusive of GST. An amount equal to the GST paid or payable in respect of the Price or other fees or charges shall be added to the amount paid or payable by the Customer to TSM.
(b) The expressions ‘GST’ and ‘Tax Invoice’ have the meanings described in the GST Law.
(a) During the term of the Agreement TSM shall, following the Customer’s request and at the Customer’s expense, provide such services and materials as may be reasonably necessary to maintain the Customer’s Security System. TSM shall charge the Customer its usual rates for maintenance services.
(b) After receipt of a request from the Customer, TSM shall provide maintenance pursuant to the Clause 7(a) above as soon as reasonably practicable during TSM’s normal daytime business hours.
(c) The requirement for TSM to carry out maintenance, if requested by the Customer, ceases if the Security System or any part thereof is repaired or interfered with or removed from the Customer’s Premises by any person other than TSM’s representatives.
8. CUSTOMER’S RESPONSIBILITY:
(a) The Customer shall be responsible for properly and effectively turning the Security System on and off.
(b) The Customer shall be responsible for the following:-(i) walk-testing all Security System alarm points; performing such other testing procedures as are advised in writing by TSM to the Customer from time to time to ensure that the Security System is operating satisfactorily; ensuring that Security System faulty alarms are not left isolated and are corrected as soon as possible;(iv) ensuring that the Security System is put in the ‘Night Condition’ or ‘armed’ or ‘on’ whenever the Customer’s Premises are to be unattended; (v) arranging for the Security System key (where applicable) to be kept in a secure place and the Customer shall immediately notify TSM in the event that it is lost or misplaced.
(c) The Customer acknowledges that any loss or damage arising from its failure to comply with Clauses 8(a) and (b) above shall be borne by the Customer.
9. CLAIMS FOR LOSS OR DAMAGE:
(a) The Customer acknowledges and agrees that TSM is not an insurer and does not carry any insurance in respect of property stored or located at the Customer’s Premises. TSM shall not be liable for loss or damage due directly or indirectly to any occurrence omission or consequences therefrom which the Security System may be designed to detect or avert. If TSM is held liable for loss or damage due to failure on its part in any respect TSM’s liability shall be limited to a sum equal in amount to the Price payable for a period not to exceed six (6) months. That sum shall be paid to and received by the Customer as liquidated damages, and not as a penalty, and liability shall be exclusive. The provisions of this Clause 9 shall apply in the event of loss or damage irrespective of cause or origin resulting directly or indirectly to persons or property from the performance or non-performance of the obligations of TSM or from negligent acts of omission or commission or otherwise of TSM, its agents, employees or TSM Security Patrol Officers.
(b) Any event which gives rise to a claim or action referred to in Clause 9(a) above shall be notified in writing by the Customer to TSM within seven (7) days of the date on which each such breach, act or omission came or ought reasonably to have come to the notice of the Customer.
10. DAMAGE TO SECURITY SYSTEM:
(a) The Customer shall be responsible for any damage to or destruction of the Security System including the cost of repairs caused by or resulting from any act of the Customer, its agents, employees or any other person other than the servants, agents or employees of TSM.
(b) During the term of the Agreement the Customer shall not permit any persons other than authorised representatives of TSM to effect any replacement of parts, maintenance, adjustments or repairs to the Security System.
11. TRANSFER OF INTEREST:
The Customer shall not transfer or assign its interests in the Security System and under the Agreement without the prior written consent of TSM.
12. TERM AND TERMINATION:
(a) If any payment of the Price or any other fees or charges due by the Customer to TSM under the Agreement is not received by TSM within seven (7) days of its due date TSM shall be entitled, at its discretion, to forthwith:(i) discontinue the services it provided to the Customer; and (ii) enter the Customer’s Premises and remove any part of the Security System TSM supplied until such time as all arrears have been paid in full. Upon the Customer paying all such arrears TSM shall at the Customer’s expense reinstate the Security System. TSM shall charge its usual rates for such reinstatement which amount shall be paid to TSM prior to TSM carrying out reinstatement of the Security System.
(b) Subject to Clause 12(a) above the Agreement shall continue until the Expiry Date. If the Terminating Party wishes to terminate the Agreement upon the Expiry Date written notice to that effect shall be given by the Terminating Party to the other party not less than three (3) months prior to the Expiry Date. If no such notice is given then the Agreement shall continue after the Expiry Date until three (3) months prior written notice of termination is given by the Terminating Party to the other.
(c) If pursuant to Clause 12(a) above the services to be provided by TSM under the Agreement are: (i) discontinued; or (ii) discontinued and subsequently resumed the Customer shall not be entitled to any credit or refund from TSM in respect of the Price paid and / or payable in advance for a period which includes the Discontinued Period.
13. GOVERNING LAW:
The Agreement shall be governed by and construed in accordance with the law for the time being of the State of New South Wales, Australia.
Any notice required to be given under the Agreement by either TSM or the Customer shall be deemed to be properly given if left at or sent by pre-paid post to the address of the party last known to the party giving the notice and, if posted, shall be deemed to have been given on the next business day, in the place of receipt of the notice, following posting.
The Agreement contains all the terms and conditions agreed between TSM and the Customer. Each of TSM and the Customer acknowledges that there are no other representations, warranties, specifications, conditions or promises of any kind or description other than those expressly contained in the Agreement.
16. FORCE MAJEURE:
TSM shall not be liable to the Customer for any failure to perform any obligations under the Agreement if caused by any governmental action, strike, lock-out, boycott, blockade, fire, flood, tempest or from any cause beyond the control of TSM.
17. PASSING OF TITLE:
(a) Despite any other provision of the Agreement to the contrary the Customer acknowledges and agrees that until the full and final payment of the Price is made by the Customer to TSM the following shall apply:(i) All parts of the Security System supplied by TSM to the Customer shall remain owned by and be the property of TSM, but the risk in the Security System is at all times with the Customer;(ii) The relationship between the Customer and TSM shall be fiduciary and the Customer shall hold all parts of the Security System supplied by TSM to the Customer as bailee for TSM;(iii) The Customer is not permitted to dispose of the Security System or any part thereof without the prior written consent of TSM.
(b) Without prejudice to any other rights of TSM either at law or in equity upon the happening of any of the following events TSM shall be entitled to the return of all parts of the Security System supplied by TSM to the Customer, and for that purpose to enter upon the Customer’s Premises or any other premises at which the Security System or any part thereof may be from time to time located, to retake possession:(i) The Customer is unable, refuses or neglects to pay the Price in full as and when required under the terms of the Agreement;(ii) The whole or any part of the Price remains unpaid, and the Customer has a receiver or official manager appointed or goes into liquidation or, being an individual, is made bankrupt or enters into a scheme of arrangement with his creditors.
(c) The Customer acknowledges and agrees that in the event of TSM retaking possession of those parts of the Security System supplied by TSM to the Customer pursuant to Clause 17(b) above, TSM shall be entitled, and shall have the full, free and unfettered right, to resell or otherwise dispose of those parts of the Security System as TSM in its absolute discretion may determine.