Alarm Monitoring Terms & Conditions New Zealand

1. Interpretation

• 1.1 In the interpretation of this Deed, unless otherwise indicated by the context or subject matter: “Activation” means the triggering of a Detection Device.
• 1.2 “Alarm Condition” means any change in state of a designated input resulting from any one of the following:
• 1.2.1 activation of a detection device;
• 1.2.2 activation of a tamper detection device;
• 1.2.3 System Fault;
• 1.2.4 unlawful entry or attempt to enter.
• 1.3 “Alarm Response Plan” means instructions for the actioning and resolution of an Alarm Condition or System Fault that have been stated and set out in Section 5 of the Commissioning Form, or as amended from time to time, and agreed to by JD Security.
• 1.4 “Alarm System” means a system consisting of Detection Devices, monitoring, and associated equipment for alarm communication and control purposes.
• 1.5 “Ancillary Equipment” means supporting equipment including but not limited to the power supply, backup battery, telephone cord etc which is required in addition to the detection devices and the circuit board to make the Alarm System operable.
• 1.6 “Contract” means this contract commencing on the day referred to in section F for the Term unless terminated earlier by either party in accordance with this agreement.
• 1.7 “Customer” refers to the customer named in section A of the Contract, its successors and permitted assigns.
• 1.8 “Detection Device” means a piece of detection equipment including but not limited to a passive infrared detector or a reed switch.
• 1.9 “Emergency Services” means Police, Ambulance and/or Fire Brigade of the state in which the Alarm System is installed.
• 1.10 “Fees” means the fees and charges as set out in section B of the Contract.
• 1.11 “Charges” means any fees for an alarm activity reports, patrol service, response/s, security officer/s, alarm system installation, serving of your alarm system.
• 1.12 “JD Security” means John Derek Security Pty Ltd ABN 81 002 715 648, its successor and assigns.
• 1.13 “Monitored Premises” means the customer’s building where an Alarm System has been installed, being the premises set out in Section 1 of the Commissioning Form.
• 1.14 “Monitoring Centre” means JD Security’s alarm monitoring center.
• 1.15 “Notification or Notified” means a message delivered to a customer or customers authorised key holder or key holders as listed in the Commissioning Form by telephone, voice mail, answering machine, pager or short message service (SMS) of an Alarm Condition or System Fault requiring authorisation from the Customer to vary, delete or add services delivered or provided to the Customer.
• 1.16 “Response” means the dispatch by the Monitoring Centre of the responding security company or Emergency Service to the Monitored Premises or such other action in accordance with the Alarm Response Plan as the result of an Alarm Condition or System Fault. Were the response calls for JD Security or one of its agents to attend the monitored premises as defined in point 1.13, JD Security or its agents will not check property installed, owned, stored or assigned to the customer located outside of a monitored premises including gates or fences.
• 1.17 “Response Provider” means personnel who have been specifically designated to respond and attend to the Monitored Premises as a result of an Alarm Condition.
• 1.18 “Security Officer” means personnel who have been specifically designated to respond to and attend to the Monitored Premises as a result of an alarm or other condition.
• 1.19 “System Fault” means an Alarm Condition caused by a malfunction of the Alarm System or Ancillary Equipment including but not limited to loss of AC power and/or low battery.
• 1.20 “Term” means the term referred to in section B of the Contract.
• 1.21 “Waiting Time” means the chargeable period of inactivity between the arrival of the Security Officer and or the Response Provider at the Monitored Premises and their departure.
• 1.22 “Cooling-off Period” is the 7 day period after that occurs after the execution of this agreement by the Customer.
• 1.23 “Monitoring of Alarms only” means that the Alarm System is monitored for alarm events and system signals only including tamper, power failure to premises, low back up battery and sensor low battery (for wireless detection devices).
• 1.24 “Monitoring of Alarms and Open/Close Schedule” means that the Alarm System is monitored for disarming and arming outside scheduled hours, alarm signals and system signals including tamper, power failure to premises, low back-up battery, sensor low battery (for wireless detection devices).
• 1.25 “ADC” means Alarm.com.

2. Alarm Monitoring Services

• 2.1 JD Security will provide the Alarm Monitoring services for the Term and any renewal thereof.
• 2.2 JD Security will action an Alarm Condition or System Fault received from the Alarm System at the Monitored Premises in accordance with the Alarm Response Plan.
• 2.3 JD Security, if instructed to do so, will use its best endeavours to dispatch a Response to investigate any signals/event(s), but makes no guarantee that a Response will be available at any time.
• 2.4 JD Security will not be liable for any loss or damage the Customer may suffer or incur in connection with a Response or absence of such a Response.
• 2.5 The Customer covenants that JD Security will be the sole Response Provider, excluding Emergency Services, for the Term.
• 2.6 The Customer waives the right to nominate a third-party Response Provider.
• 2.7 JD Security, at its absolute discretion may accept the nomination by the Customer of a third-party Response Provider however such acceptance is conditional upon the Customer signing and returning to JD Security a liability waiver. A copy of the third-party liability waiver is available upon request.
• 2.8 Attendance at the Monitored Premises by a responding security company after notification by the Monitoring Centre will result in the following action:
• 2.8.1 If JD Security holds keys and or codes for the Monitored Premises the responding security officer will conduct an internal inspection of the Monitored Premises in the area from which the Alarm Condition occurred.
• 2.8.2 If JD Security does not hold keys/or codes the responding security officer will conduct an external visual check of the freely accessible areas immediately adjacent to the area from which the Alarm Condition occurred.
• 2.9 In the event of JD Security being unable to make contact with the Customer the Customer authorises JD Security to request attendance at the Monitored Premises by a security officer and/or an Emergency Service to verify the integrity of the Monitored Premises.
• 2.10 The Customer agrees to pay JD Security at JD Security’s normal rate of charge once the response provider or Emergency Service has been requested to attend the Monitored Premises regardless of whether or not the responding security officer or representative of the Emergency Service discovers a breach of the Monitored Premises.
• 2.11 In the event that the Monitored Premises are found to have been violated and the Customer is unable to be contacted unless otherwise indicated in the Alarm Response Plan the Customer authorises JD Security at its sole discretion to mount a static guard or guards, as an agent of necessity, until the next regular working day or until the Customer can be contacted and JD Security receives further instructions from the Customer.
• 2.12 The Customer agrees that in the event that JD Security is required to take action in accordance with clause 2.11 hereof the Customer will pay for the additional work at JD Security’s normal rate of charge.

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4. Warranty by JD Security

• 4.1 JD Security warrants that it will use its reasonable best efforts in providing the Alarm Monitoring Services.
• 4.2 JD Security does not warrant that:
• 4.2.1 the Monitoring Service will render the Monitored Premises or any occupant therein secure;
• 4.2.2 the Monitoring Service will detect or prevent possible property damage from fire, smoke or flood;
• 4.2.3 an Emergency Service of the state or territory in which the monitored Premises is located will respond to a monitored Alarm Condition or System Fault.
• 4.3 The Customer agrees to pay JD Security for each Response. Additional charges for Waiting Time will apply.
• 4.4 The Customer agrees that JD Security, at its absolute discretion, may waive or amend the Customer’s Alarm Response Plan if the Customer fails to pay any Fees in accordance with clause 2.2.
• 4.5 The Customer agrees that all inbound and outbound telephone conversations to and from the Monitoring Centre will be recorded in accordance with Australian Standard 2201.2.
• 4.6 The Customer agrees that JD Security will store any Data received from the Monitored Premises at JD Security’s Monitoring Centre for a period of twelve (12) months (herein after called the “Storage Period”). At the expiration of the Storage Period, JD Security may at any time in its discretion render the data unreadable.
• 4.7 Notwithstanding clause 4.6 hereof the Customer may with the consent of JD Security vary the length of the Storage Period.

5. The Customer’s Duties and Warranties

• 5.1 The Customer will give JD Security the Customers Written Instructions prior to the commencement of the Alarm Monitoring Service.
• 5.2 The Customer agrees that any variation of the Alarm Response Plan will be proposed in writing, by email or post.
• 5.3 The Customer will use its best endeavours to ensure that any keyholders who have been nominated in the Alarm Response Plan are contactable at all times.
• 5.4 The Customer agrees that any proposed variation of the Alarm Response Plan, referred to in clause 5.2 hereof, will not be effective until JD Security has communicated to the Customer its acceptance of the variation in writing delivered by email or post.
• 5.5 The Customer will, in conjunction with JD Security:
• 5.5.1 carry out regular testing of the Alarm System and the connection with the Monitoring Centre;
• 5.5.2 comply with all operating and maintenance instructions in relation to the Alarm System;
• 5.5.3 fix any defects without delay and do all things necessary to maintain the Alarm System in good working condition including but not limited to recharging or replacing batteries on a timely basis; and
• 5.5.4 notify JD Security of any material changes to the Monitored Premises that may interfere or otherwise compromise the operation of the Alarm System.
• 5.6 The Customer acknowledges that, unless they have a backup communication option for redundancy purposes, that the Alarm System uses a single primary communication path to the Monitoring Centre.
• 5.7 The Customer acknowledges that should the primary communication path referred to in clause 5.6 hereof fail, for whatever reason, JD Security will not be aware of the fault condition or deliberate attempt to interrupt the primary communication path until such time as it becomes apparent through system testing that the Alarm System is not communicating with the Monitoring Centre.
• 5.8 The Customer agrees not to remove any SIM card or cards provided in a device that provides a service from the Monitored Premises to JD Security’s Monitoring Centre.
• 5.9 The Customer agrees not to disclose, provide or divulge any information to any person or persons directly or indirectly that may affect the correct operation of the Alarm System as a result of unauthorised arming, disarming or tampering thereof.
• 5.10 The Customer agrees that JD Security may provide some or all of the services supplied under this Contract by the use of independent contractors. Any independent contractors, howsoever used, are the agents of JD Security for the purposes of this Contract.
• 5.11 The Customer agrees to maintain appropriate insurance against theft and damage. JD Security will not accept any claims for loss or damage of any kind should the Customer not have the appropriate insurance or be self-insured.

6. Limitations of Liability and Indemnity

• 6.1 JD Security, subject to Clause 5.4 hereof, will not be liable whatsoever for:
• 6.1.1 any circumstance or event which occurs during any period when this contract is suspended pursuant to clause 8.3;
• 6.1.2 any loss or damage caused to the Customer including but not limited to mechanical breakdown, storm, earthquake, strikes, lockouts, labour disputes, of whatever type, Act of God, war (whether declared or not), acts of terrorism, act (administrative or legislation) of any Government, riot or civil commotion, fire, explosion, act or omission by the Customer, its servants, agents or invitees;
• 6.1.3 any loss or damage caused to the Customer whereby the Customer issues an instruction to an employee or agent of JD Security that has not previously been agreed to and approved in writing by JD Security;
• 6.1.4 for any damage to or loss of property owned, stored or assigned to the customer located outside of a monitored premises as defined in point 1.13;
• 6.1.5 any loss or damage suffered by the Customer except so far as such loss or damage is solely attributable to the negligence of JD Security or any of its employees acting within the scope of their employment, servants, contractors, and agents; or
• 6.1.6 any delays by the Customer which shall cause automatic suspension of JD Security’s obligations under the Contract.
• 6.2 Notwithstanding the provisions hereof they shall be read subject to any implied terms, conditions or warranties imposed by the Competition and Consumer Act 2010 (Cth) or any other Commonwealth, State or Territory legislation that may be applicable.
• 6.2.1 In cases where Section 64A of the Competition and Consumer Act 2010 (Cth) applies and the goods or services supplied are other than those ordinarily acquired for personal domestic or household use or consumption, JD Security’s liability to the Customer shall be limited as JD Security determines:
• 6.2.1.1 In the case of goods to any one of the following:
• 6.2.1.1.1 the replacement of the goods or the supply of equivalent goods;
• 6.2.1.1.2 the repair of the goods;
• 6.2.1.1.3 the payment of the cost of replacing the goods or of acquiring equivalent goods; or
• 6.2.1.1.4 the payment of the cost of having the goods repaired;
• 6.2.1.2 In the case of services any one of the following:
• 6.2.1.2.1 the supplying of the services again; or
• 6.2.1.2.2 the payment of the cost of having the services supplied again.
• 6.3 The Customer hereby indemnifies JD Security with respect to any loss, damage, costs or expenses suffered by JD Security directly or indirectly in connection with or arising out of the performance by JD Security of its obligations under this Contract due to the fault of the Customer including, without limitation, any claims by any client of the Customer.
• 6.4 The Customer hereby indemnifies and will keep indemnified JD Security against all losses, costs, expenses that JD Security may suffer and all demands, actions, suits, causes of action that may be made against JD Security arising out of directly or indirectly the failure of the Alarm System, control unit, communication device, or the telephone network connection to operate or perform properly.
• 6.5 The Customer agrees that no advice or information, whether oral or written, obtained by the Customer from JD Security or through or from the Monitoring Service shall create any warranty not expressly stated in this Contract.
• 6.6 The Customer agrees that JD Security will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use of data or other intangible losses (even if JD Security has been advised of the possibility of such damages).
• 6.7 this Clause 6 survives termination of this contract.

7. Acknowledgement

• 7.1 The Customer agrees that the fees set out in the Alarm Monitoring Service Contract are based solely on the value of all services provided and are unrelated to the value of the Customer’s property or the property of others located in the Monitored Premises.
• 7.2 The Customer acknowledges that the Alarm System installed in the Monitored Premises may not prevent unlawful entry occurring, loss or damage to property, or death or injury to persons even though JD Security’s obligations to the Customer under this Contract have been satisfied.
• 7.3 The Customer will not require JD Security to supply performance records, history, or other reports to anyone who is not a party to this Contract.

8. Fees and Charges

• 8.1 The Customer agrees to pay the Fees as and when they fall due. Standard payment terms are Net end-of-month.
• 8.2 The Customer agrees that if the direct and/or indirect cost of JD Security providing the services (or any other work under this Contract) increases at any time after the Date of this Contract for any reason, including but not limited to any change to any applicable award or telecommunication charges, then JD Security may on the anniversary of the Contract increase its fees after duly notifying the Customer in writing thirty (30) days prior to the Contract anniversary.
• 8.3 If the Customer fails to pay any fees due within the term stated in the Contract, JD Security may, at its option:
• 8.3.1 charge interest at the rate of 10% per annum calculated from the due date of payment until payment is received; or
• 8.3.2 suspend the performance of its obligations under this Contract until such times as all due payments have been made; or
• 8.3.3 cancel this Contract forthwith by notice in writing to the Customer.
• 8.3.4 hand the debt over to a commercial recovery agent for the recovery.
• 8.4 The Customer, in the event that JD Security suspends performance of its obligations under the Contract, releases JD Security from all liability for damage or loss that may occur arising out of its non-action.
• 8.5 The Customer agrees to promptly pay all money payable to Emergency Services or other public authority in relation to any attendance at the Monitored Premises when requested by the Monitoring Centre and shall reimburse such amounts paid by JD Security on the Customer’s behalf.
• 8.6 This clause is an essential term of this Contract.

9. Assignment

• 9.1 The Customer will not assign its rights or transfer its obligations contained herein without first obtaining the prior written consent of JD Security. Such consent shall not be unreasonably withheld.
• 9.2 JD Security may transfer or assign any or all of its rights or obligations without the Customer’s consent.

10. Waiver

• 10.1 No waiver of any or all of these conditions at any time or indulgence granted to the Customer shall prejudice any rights which JD Security has, or may have had, nor the subsequent exercise of any rights by JD Security.

11. Term and Termination

• 11.1 This Contract will remain in force for the Initial Term shown in section B of the Contract and will be automatically renewed after the Initial Term for a similar Term until terminated by either party by written notice of at least three (3) months. If, at any time, JD Security has found it necessary to alter its standard Contract wording, the Customer agrees to adopt the new wording as it appears on its website at https://www.jdsecurity.com.au/legal/alarm-monitoring-terms-conditions/.
• 11.2 JD Security may terminate this Contract immediately if the Customer is in breach of any of these conditions or if the Customer commits an act of bankruptcy, makes any arrangement or composition with its creditors, has a receiver or manager appointed over any part of its undertaking or assets, has any petition presented for it’s winding up or goes into liquidation on a voluntary or compulsory basis or has an administrator appointed or fails to pay any outstanding charges.
• 11.3 The Customer upon termination of this Contract during the Initial Term for any reason, will pay to JD Security, on demand, a sum equal to the fees which would be payable pursuant to this Contract (calculated by the number of months remaining in the Initial Term at the current fee) plus the balance of any monies outstanding within fourteen (14) days of demand.
• 11.4 The Customer will give JD Security notice of cancellation in writing, by email, facsimile or post. Please allow up to 14 days for processing against your account.
• 11.5 The Customer upon termination of this contract for any reason acknowledges that no pro-rata credit will be issued for any used portion of the service.
• 11.6 If the Customer does not pay the amount referred to in clause 11.3 within the prescribed fourteen (14) days of demand, Customer will pay to JD Security all expenses reasonably and properly incurred by reason of JD Security taking legal action to recover the money and will indemnify JD Security against any other costs (including legal costs), expenses, claims or damages whatsoever arising out of or incidental to the breach.
• 11.7 The Customer’s right to receive the Monitoring Service shall cease upon the termination of this Contract.

12. Applicable Law

• 12.1 This Contract shall be construed and take effect in all respects in accordance with the laws for the time being in force in the state of New South Wales and the parties hereto shall submit to the jurisdiction of the Courts of that State or Territory in respect of any matter or thing arising out of this Contract or pursuant thereto.

13. Notices

• 13.1 Any notices to be given herein may be served on either party by registered post or by delivering the notice to the address of the party. Where service is made by post service shall be deemed to have occurred two working days after the notice was first posted.
• 13.2 Service may also be affected by facsimile service being deemed to be affected when the sending party’s machine produces a transmission report indicating that a transmission has been affected error-free.

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15. GST

• 15.1 In this Contract GST has the same meaning as given to it in GST Law and GST Law has the same meaning given to it in A New Tax System (Goods and Services Tax) Act 1999 as amended from time to time.
• 15.2 The fees and charges shown in this contract do not include GST.
• 15.3 The Customer will if JD Security is or becomes liable to pay GST in respect of any supply made under or in connection with this Contract, pay to JD Security an amount equal to ten percent (10%) of the fees and charges payable under this Contract.
• 15.4 The GST amount will be notified by JD Security to the Customer and must be paid by the Customer to JD Security in the same manner and at the same time as the rest of the fees and charges.
• 15.5 This clause is an essential term of this contract.

16. Privacy Act 1988

• 16.1 JD Security may give information about the Customer to a credit reporting agency in accordance with the provisions of the Privacy Act 1988. This information may include the Customers name, sex, date of birth, current known address and previous two known addresses, current or last known employer and drivers licence number. In addition, we may also include the fact that you have made an application for credit with JD Security including the amount applied for. We may also notify a credit reporting agency if the Customer: has any payments that have been overdue for at least 60 days that we have taken steps to recover; has settled the amount and it is no longer due; has made a payment by cheque that has been dishonoured more than once; has committed a serious credit infringement or has discharged the amount of credit owing to JD Security.

17. Application for Credit

• 17.1 In accordance with Section 18E (8) (c) of the Privacy Act 1988 (Cth) the Customer acknowledges that JD Security has informed the Customer that it may give certain confidential information about the Customer to a Credit Reporting Agency.
• 17.2 In accordance with Section 18N (1) (b) of the Privacy Act 1988 (Cth) the Customer agrees that JD Security may exchange certain confidential information with any other credit provider listed by the Customer or any other credit provider named in a credit report issued by a credit reporting agency for the following purposes: to assess the Customers creditworthiness; to assess an application by the Customer for credit; to notify a credit default by the Customer. The Customer understands that the information may include facts about the Customers creditworthiness, credit standing, credit history and credit capacity that credit providers are authorised to give or exchange according to the Privacy Act 1988(Cth).
• 17.3 In accordance with Section 18L (4) of the Privacy Act 1988 (Cth) the Customer consents to JD Security obtaining information about the Customers commercial activities or commercial creditworthiness from a business which provides information about the commercial creditworthiness of companies.
• 17.4 In accordance with Section 18K (1)(b) of the Privacy Act 1988 (Cth) the Customer acknowledges and consents to JD Security requesting information about the Customer from a credit reporting agency for the purposes of assessing an application for credit.

18. Privacy General

• 18.1 Subject to clauses 16 and 17 JD Security will ensure the Customers information is kept secure and confidential and provide the Customer with access to any confidential information that must be disclosed to the Customer in accordance with the Privacy Act 1988.

19. Alarm.com

• 19.1 The availability of some features may vary according to system and firmware version.
• 19.2 Image services require an enabled Alarm.com system, Commercial Plus monitoring plan and compatible DSC Image Sensor.
• 19.3 Image services are still images uploaded to and viewable on the Alarm.com customer website or through the mobile app. The number of automatically uploaded images varies by image-capturing device.

20. Electric Fencing Systems

• 20.1 Monitoring of Electric Fencing Systems is subject to a current 6 Monthly Maintenance Contract between the customer and JD Security;
• 20.2 The Electric Fencing System must be installed & maintained in accordance with AS/NZS 3016:2002 Electrical installations – Electric security fences;
• 20.3 Prior to the connection of the Electric Fencing System to the Alarm System JD Security reserves the right to carry out an inspection of the Electric Fencing System and the environment in which the Fence will be operational:
• 20.4 JD Security does not warrant that the Electric Fencing System will not false alarm or will render the Monitored Premises or any occupant therein secure;
• 20.5 The Customer agrees to fix any defects and do all things necessary to keep the Electric Fencing System in good working condition including but not limited to keeping the environment, in which the Electric Fencing System operates, free of rubbish and agricultural matter, long grass, long hedges, hedge trimmings, trees and fallen leaves and dead plant matter. JD Security reserves the right to suspend the monitoring of the Electric Fencing System should any of the above contribute to false alarms, until such time as the Customer resolves the fault and has the Electric Fencing System certified as working in accordance with the manufacturers specification and supply JD Security with such certificate.
• 20.6 Should the Customer cancel the Maintenance Contract JD Security reserves the right to no longer monitor the Fence.
• 20.7 The customer agrees to comply with all operating and maintenance instructions in relation to the Electric Fencing System.
• 20.8 For the purposes of the terms and conditions, the term Alarm Response Plan includes contacting any contact of the customer, any third party that the customer has nominated or JD Security contacting any response provider that JD Security has chosen in accordance with the customers response plan.
• 20.9 On the first activation of the fence, after the security system has been armed, JD Security will action the alarm in accordance with the Customers response plan.
• 20.10 On the second activation of the Fence, after the security system has been armed, JD Security will action the alarm in accordance with the Customers response plan.
• 20.11 On the third activation of the fence JD Security will action the alarm in accordance with the Customers response plan and will notify the Customer that monitoring of the Electric Fencing System shall be suspended until the system has been disarmed and any fault rectified.
• 20.12 The Customer will notify JD Security of any material changes to the Electric Fencing System that may interfere or otherwise compromise the operation of it.
• 20.13 JD Security accepts no responsibility for loss or damage to the Customer’s premises, staff, assets or assigns from the actioning or incorrect actioning of alarm events from the Electric Fencing System where the Electric Fencing System has been suspended or disregarded either by JD Security or at the Customers request.