Patrol Services

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Terms and Conditions

 

1. Interpretation

    In the interpretation of this Deed, unless otherwise indicated by the context or subject matter:

    1.1 “Patrol Service” means the physical random checks made by a licensed JD Security patrol officer carried out as described in the Patrol Service Summary.

    1.2 “Patrol Service Summary” means the written instructions from Customer to JD Security detailing the type of patrol requested, with specific instructions outlining the “agreed tasks” and “access route”.

    1.3 “Term” means the term referred to in section B of the Contract.

    1.4 This Agreement will be interpreted so as to be consistent with the law and should any provisions of the Agreement be inconsistent with the law, then the same shall be severed so as to permit the balance of the Agreement to operate to the fullest extent permitted by law.

     

2. Patrol Services

    2.1 JD Security will provide the Patrol Service/s for the Term and any renewal thereof.

    2.2 The Patrol Service is available between 6pm and 6am Monday to Friday and 24-hours Saturday, Sunday and all gazetted Public holidays. Customer acknowledges that the Patrol Service is a “shared” service, and due to the fact that the service is shared amongst customers the service may be temporarily interrupted or delayed if an incident detains the patrol officer at one customers premises in the course of his duties. From time to time the agreed amount of visits may be varied due to circumstances beyond our control. Such events include but are not limited to roadwork’s, inclement weather, fires, flooding, acts of god, customer changes to access keys without notification, customer not keeping property in a safe and accessible order for the patrol officer to carry out his duties without hindrance etc. Customer acknowledges that the patrol service will be conducted at random times. JD Security will not be liable to Customer or anyone else for any delay should we fail to do so.

    2.3 Customer acknowledges that Patrol Service, where available, may be provided by independent contractors.

    2.4 Customer acknowledges that JD Security does not warrant that the Patrol Service will render the Patrolled Premises or any occupant of the Patrolled Premises secure.

     

3. The Customer’s Duties and Warranties

    3.1 Customer will immediately advise JD Security, in writing, of any changes to Customer’s Instructions in respect of the “agreed tasks” and the “access route”, and subsequent charges may be applied by JD Security.

    3.2 Customer will immediately advise JD Security, in writing of any changes to the property likely to effect the provision of the Patrol Service. This includes but is not limited to building work including extensions or renovations to the patrolled property, changes to private roads into and out of the property, etc. Similarly, strata managers should notify in writing of any changes to tenants in properties under their control, where JD Security provides a standard patrol service to all tenants based on the brief provided by the strata manager. JD Security does not accept responsibility for compiling or reviewing keyholder lists for strata titled properties and will not discuss the details of services provided on behalf of strata managers with individual tenants. The obligation of JD Security to provide the Patrol Service is conditional upon the property complying with current Occupational Health and Safety legislation, to the satisfaction of JD Security.

    3.3 Customer acknowledges that should the patrol officer be required to wait on site for designated keyholders to attend due to a problem that requires customer assistance, then, a charge for waiting time will be levied, up and until the time patrol officer recommences his duties. Stand by time shall be charged on a per minute basis and the rate per minute may be changed without prior notification. Current stand by rates are available from JD Security Accounts. Should the patrol officer be required to stay on site for more than 30 minutes, JD Security reserves the right to replace the patrol officer with a guard at the customer’s cost. The cost of the static guard shall be charged to the customer at a minimum 4 hour charge for stays less than and up until 4 hours and then at the applicable hourly rate in force at the time. Current guard rates are available from JD Security accounts.

    3.4 Customer will provide 3 copies of each key required to give JD Security access to patrol the property. Where keys have been broken or damaged due to wear and tear in execution of normal use and the customer does not provide replacement keys, the customer acknowledges all responsibility should JD Security not be able to access the property to carry out the scheduled patrols.

    3.5 Customer cannot transfer or try to transfer the right to receive the Patrol Service/s or any other right under this Agreement to anyone else.

     

4. Patrol Service Fees

    4.1 Customer will pay JD Security the Patrol Fees by the method selected by Customer overleaf. Where payment by Direct Debit System is selected, JD Security will arrange for the Financial Institution to debit Customer’s account as instructed by Customer.

    4.2 JD Security may not vary the Patrol Fee in the contract period. However, if as a result of frequent divergence from the Patrol Service Summary in respect of the “agreed task” and “access route”, and JD Security is required to spend a greater amount of time servicing the property than was originally agreed, JD Security reserves its right to charge for these additional costs. Therefore if the customer wishes to keep these costs to a minimum the customer must advise in writing in regards to any change to the original information provided. JD Security will carry out an annual review of the “Patrol Service” to ensure service delivery standards are maintained, to ensure the “agreed tasks”, are still able to be completed in the set amount of time originally agreed upon and that the “access route” to the property that was agreed upon is the same as was originally agreed.

    4.3 Patrol Service charge is exclusive of charges for additional calls made to the property for alarm response, isolations, requests for assistance to arm, disarm or isolate, client error, including but not limited to, failure to disarm the alarm system, failure to arm the alarm system, failure to reset the alarm system after alarming on exit, failure to arm the system by the designated closing time (as stated on the Alarm Monitoring Commissioning Form), malfunctioning equipment, false alarms caused by a known source including but not limited to animals, birds, insects, office equipment such as faxes and printers, plant and equipment and air conditioning.

    4.4 Customer will pay on demand by JD Security any goods and services tax (“GST”) payable in respect of any services provided to Customer related to this Agreement. Customer authorises JD Security to make arrangements with Customer’s Financial Institution to enable JD Security to collect from Customer such GST.

    4.5 Customer will pay JD Security on demand a fee of $20.00 to cover JD Security’s bank and/or administration charges, whenever the Patrol Service Fee is not paid when due. JD Security may collect this fee directly from Customer or may make arrangements with Customer’s Financial Institution to collect the fee.

     

5. Consumer Guarantees

    5.1 If the Customer is a consumer within the meaning of the Australian Consumer Law, the Services are provided with consumer guarantees that cannot be excluded under the Australian Consumer Law.

     

6. Waiver and Release

    6.1 The Customer acknowledges and agrees that prior to entering into this contract the Customer was made aware of and agrees that the following are true and correct:

    6.1.1 the fees are based solely on the cost and value of supplying the services provided and are unrelated to the value of the Customer’s property or the property of others located in the Patrolled Premises;

    6.1.2 JD Security has recommended that the Customer take out appropriate insurances to cover the risk of loss or damage to property and injury and death to persons;

    6.1.3 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;

    6.1.4 the Data will be stored at the Customer’s risk;

    6.1.5 JD Security’s performance of the Services are subject to receiving the Customer’s clear instructions through the Customer’s Response Plan and Activation content;

    6.1.6 performance of the Services are subject to third party conduct, and systems;

    6.1.7 performance of the Services are subject to and conditional upon the Customer’s payment of all past, present and future tax invoices and fees;

    6.1.8 the Patrol Service/s provided to the Patrolled 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;

    6.1.9 the Customer is liable (to the exclusion of JD Security) for the failure, neglect, or refusal of any contact or Emergency Service notified by JD Security to respond to an Incident or emergency response condition, and for mistakes or errors made by the Customer in providing the names or telephone numbers designated as contacts to be notified by JD Security;

    6.1.10 JD Security is not liable under any circumstance or event which occurs during any period when this contract is suspended pursuant to clause x.3;

    6.1.11 the Customer bears the risk of any injury, death, loss or damage to the Customer, persons, property or belongings caused by or contributed to through events 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 or any act or omission by the Customer, its servants, agents or invitees;

    6.1.12 the Customer is liable for any delays by the Customer which cause automatic suspension of JD Security’s obligations under the Contract.

    6.2 Where an Act of Parliament implies any term in this Agreement, and that Act of Parliament voids or prohibits provisions under a contract which exclude or modify the operation of such term, the term is deemed to be included in this agreement.

    6.3 With the exception of the Consumer Guarantee regime, you undertake not to make any claim whatsoever against us, our suppliers, employees, contractors or assignees for loss (including but not limited to economic and consequential loss), damage or expense relating to or arising from this Contract or the provision of the Services in contract, tort (including negligence) or otherwise.

     

7. Limitation of Liability with Respect to Consumer Guarantees

    7.1 To the extent permitted by law, the liability of JD Security in respect of any breach of or failure to comply with any Consumer Guarantee described in clause 5 is limited to JD Security’s choice of one of the following:

    7.1.1 resupply of the Services or

    7.1.2 reimbursement for the resupply of the Service by someone else.

     

8. Limitation of Liability

    8.1 With the exception of liability in connection with a failure to comply with the Consumer Guarantees described in clause 5 and subject to clause 7, JD Security’s total liability shall not exceed the amount paid for services or support by the Customer to JD Security for the three (3) months immediately preceding the occurrence giving rise to any claim by the Customer.

    8.2 With the exception of the Consumer Guarantees described in clause 5, JD Security excludes (i) any term, condition or warranty that may otherwise be implied into this Contract; and (ii) any liability for loss or damage incurred as a result or in connection with the negligence of JD Security, its agents, subcontractors and employees.

    8.3 To the extent permitted by law and subject to clause 6, in no event shall JD Security have any liability to the Customer for any indirect, special, punitive, incidental or consequential damages arising out of any warranty or covenant contained herein or otherwise, including without limitation, damages for loss of use of facilities or equipment, loss of profits or revenue, loss of data, cost of capital, loss of opportunity, loss of goodwill, loss of revenue, loss of actual or anticipated profits or claims of customer or of customer’s employees or agents.

     

9. Indemnity

    9.1 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.

    9.2 Clauses 6, 7, 8, 9 and 10 survives termination of this contract.

     

10. Proportionate Liability

    10.1 Subject to clauses 5, 7 and 8 the Customer shall be proportionately liable to the extent that the Customer caused or contributed to such loss, claim, demand, proceeding, cost, expense, loss, liability or damage under this Contract.

     

11. Fees and Charges

    11.1 The Customer agrees to pay the Fees as and when they fall due. Standard payment terms are Net end-of-month.

    11.2 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.

    11.3 If the Customer fails to pay any fees by the due date stated on the Contract, JD Security may, at its option:

    11.3.1 charge interest at the rate of 10% per annum calculated daily from the due date of payment until payment is received; or

    11.3.2 suspend the performance of its obligations under this Contract until such times as all due payments have been made; or

    11.3.3 cancel this Contract forthwith by notice in writing to the Customer;

    11.3.4 hand the debt over to a commercial recovery agent for the recovery of which such recovery shall also include the recovery agents fees.

    11.4 The Customer, in the event that JD Security suspends performance of its obligations under the Contract, releases JD Security from all liability for injury, damage or loss that may occur arising out of its non-action.

    11.5 The Customer is liable for any fees or expense charged by any Emergency Service or public authority and agrees to promptly pay all moneys payable to Emergency Services or other public authority in relation to any attendance at the Patrolled Premises and agrees to reimburse such amounts to JD Security if JD Security has paid for such service.

    11.6 This clause is an essential term of this Contract.

     

12. Assignment

    12.1 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.

    12.2 JD Security may transfer or assign any or all of its rights or obligations without the Customer’s consent.

     

13. Waiver

    13.1 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.

     

14. Term and Termination

    14.1 This Contract will remain in force for the Initial Term shown in section D of the Contract, and if the automatic renewal option is selected, this contract 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. After the Initial Term, the Customer may terminate this Contract at any time with 3 month’s written notice. If, at any time after the Initial Term, JD Security has found it necessary to alter its standard Contract wording, the Customer agrees to adopt the new wording if requested by JD Security.

    14.2 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 its winding up or goes into liquidation on a voluntary or compulsory basis or has an administrator appointed or fails to pay any outstanding charges.

    14.3 If this contract is terminated during the Initial Term for any reason, the Customer is liable to 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.

    14.4 The Customer will give JD Security notice of cancellation in writing, by email or post. Please allow up to 14 days for processing against your account.

    14.5 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.

    14.6 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.

    14.7 The Customer’s right to receive the Monitoring Service & access their alarm system data shall cease upon the termination of this Contract.

     

15. Applicable Law

    15.1 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.

     

16. Notices

    16.1 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.

    16.2 Service may also be delivered by email being deemed to be affected when the sending party’s email server produces a read receipt indicating that the email has been delivered to the customers email server.

     

17. GST

    17.1 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.

    17.2 The fees and charges shown in this contract do not include GST.

    17.3 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.

    17.4 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.

    17.5 This clause is an essential term of this contract.

     

18. Privacy Act 1988

    18.1 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.

     

19. Application for Credit

    19.1 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.

    19.2 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).

    19.3 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.

    19.4 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.

     

20. Privacy General

    20.1 Subject to clauses 15 and 16 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.

     

21. Events Beyond JD Security’s Control

    21.1 Should rendering Patrol Services become impossible or impracticable due to strike, riots, flood, fires, vandalism, terrorism, acts of nature, acts of God, or any other cause beyond the control of JD Security, JD Security’s obligations hereunder shall be suspended, or, at JD Security’s option, this Agreement may be rescinded. JD Security agrees to the extent possible, by reasonable means, to immediately give notice to Customer of any such suspension of JD Security’s services or rescission of this Agreement.

    22.2 Customer further agrees that JD Security shall not be required or obligated to provide Video Service during any period in which the System located at Customer’s premises is disabled, damaged, in a state of disrepair, or when a Customer has repeatedly failed to use such System properly or follow the manufacturer’s guidelines.

     

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