1 Introduction

Alarm Watch Limited provides alarm monitoring services to customers who have their alarm system installed and maintained by third parties.

2 Definitions

• a)
  Alarm Watch means Alarm Watch Limited, trading as Alarm Watch.
• b)
  Communications means the Alarm Watch Alarm Monitoring Centre.
• c)
  Client Instructions means the specific instructions written in the Alarm Monitoring and Alarm Response instructions section of this Agreement that may be amended from time to time in writing, or orally with immediate confirmation in writing or by email.
• d)
  Key Holder refers to the key holder(s) nominated by the Client who hold keys for the premises or are in the contact list.
• e)
  Force Majeure means an event such as a major emergency, civil defence incident, natural disaster, war, or government action that prevents Alarm Watch from performing its obligations.
• f)
  Consumer Client means a Client who acquires the services under this Agreement for personal, domestic or household use (not in trade).
• g)
  Business Client means a Client who acquires the services under this Agreement in trade for business purposes.

3 Service Details

Alarm monitoring service – Alarm Watch will provide an alarm monitoring service of the Client’s premises in accordance with the Client Instructions.

Alarm response service – If the Client requires Alarm Watch to dispatch alarm response services following an actionable alarm signal:

• a)
  Alarm Watch will dispatch a third-party alarm response guard to attend as soon as reasonably practicable.
• b)
  The guard will inspect the premises externally to check, as far as practicable, whether the premises are secure.
• c)
  Alarm Watch’s obligation is limited to arranging this response and recording the result of the external inspection.
• d)
  If the premises appear insecure and a key holder cannot be contacted, Alarm Watch is authorised to:

  • i.
    Engage a tradesperson (e.g. glazier, locksmith) to secure the premises;
  • ii.
    Engage a static security officer to remain until the next business day or until a key holder can be notified.
• e)
  The Client will pay Alarm Watch for all such costs (including tradespeople and guard fees) within 14 days of invoice.
• f)
  Alarm Watch is not responsible for the performance of third-party tradespeople or guard companies.
• g)
  If keys are supplied, the guard will re-set the alarm if necessary.
• h)
  The Client will pay the guard company’s attendance fee at the rate applicable at the time.
• i)
  Guard company fees are outside the control of Alarm Watch and may change without notice.

4 Client Responsibilities and Acknowledgements

• a)
  The Client acknowledges that the services may not prevent unlawful entry or loss/damage and that such risks remain with the Client.
• b)
  The security system is owned or leased by the Client, and Alarm Watch is not responsible for its design, installation or condition.
• c)
  The Client will immediately notify their installer and/or Alarm Watch of:

  • i.
    Physical changes to the premises layout;
  • ii.
    Any new risks or hazards;
  • iii.
    Changes to key holders or contact numbers;
  • iv.
    Changes or upgrades to security equipment.
• d)
  The Client must maintain operational communications and electricity supply to enable alarm reporting.
• e)
  Alarm Watch is not required to provide service history to third parties.
• f)
  Telephone calls may be recorded for training and audit purposes. Notice of recording is provided in accordance with the Privacy Act 2020.

5 Charges

• a)
  The Client will pay Alarm Watch’s service fees (inclusive of GST) monthly in arrears, or annually in advance by agreement.
• b)
  Annual fees are non-refundable, except as required by law (including the CGA for Consumer Clients).
• c)
  Additional charges may apply for:

  • i.
    Invoice administration if no direct debit or automatic payment is in place;
  • ii.
    Notifications of alarm set/unset, early opening, late closing;
  • iii.
    Phone calls relating to this Agreement.
• d)
  Interest of 2% above Alarm Watch’s bank overdraft rate may be charged on overdue amounts.
• e)
  Alarm Watch may suspend services until arrears are paid.
• f)
  The Client is liable for collection costs, including reasonable legal or debt recovery costs.
• g)
  Alarm Watch may increase fees by giving at least 30 days’ notice.
• h)
  Increases in GST or taxes will apply immediately when required by law.

6 Marketing

By entering into this Agreement, the Client consents to receiving promotional material from Alarm Watch unless they opt out at any time by notice in writing or by using any unsubscribe facility provided.

7 Access to Premises

The Client will ensure Alarm Watch personnel, guards and tradespeople have safe and reasonable access to the premises when required.

8 Liability and Consumer Guarantees

• a)
  Consumer Clients – Nothing in this Agreement limits or excludes rights under the Consumer Guarantees Act 1993 (CGA).
• b)
  Business Clients – Where the Client acquires the services in trade, and the parties have agreed in writing, the Client acknowledges the CGA does not apply.
• c)
  Alarm Watch is not liable for indirect or consequential loss (including loss of business or profits), except as required by law.
• d)
  Alarm Watch does not exclude liability for death or personal injury caused by its negligence or wilful misconduct.
• e)
  For Business Clients, Alarm Watch’s total liability is limited to the fees paid by the Client in the 12 months immediately prior to the event giving rise to liability, unless otherwise required by law.
• f)
  The Client indemnifies Alarm Watch for costs or losses caused by the Client’s breach of this Agreement, failure to provide accurate information, or failure to maintain communications/power supply. Indemnity obligations must be reasonable and proportionate.

9 Force Majeure

• a)
  Alarm Watch will not be liable for any failure or delay to perform service obligations under force majeure circumstances.
• b)
  Alarm Watch will advise the Client as soon as practicable of any interruption to service due to force majeure. The performance of Alarm Watch’s obligations under this Agreement will be suspended for the period of the force majeure.
• c)
  Without limiting the above, the Client acknowledges that delays or interruptions may occur due to events outside Alarm Watch’s control, including (but not limited to) traffic accidents, road closures, industrial action, riots, floods, extreme weather conditions, communication breakdowns, or Emergency Services availability. Alarm Watch is not liable for any delay or failure to respond in such circumstances.

10 Termination

• a)
  Alarm Watch may terminate this Agreement if:

  • i.
    Payment remains unpaid for 7 days after due date;
  • ii.
    The Client breaches this Agreement and does not remedy within 30 days of notice;
  • iii.
    The Client permanently vacates the premises.
• b)
  Either party may terminate immediately if the other party becomes insolvent or, in the case of an individual, dies.
• c)
  On termination:

  • i.
    Alarm Watch may retain fees paid;
  • ii.
    Invoice for services provided up to termination;
  • iii.
    Be discharged from further obligations.
  • iv.
    If termination occurs mid-term for annual prepayment, Consumer Clients may be entitled to a pro-rata refund under the CGA.

10A Customer Acknowledgements

• a)
  The Client acknowledges and accepts that:

  • i.
    Alarm Watch gives no guarantee that the services will prevent criminal intrusion, fire, unlawful entry or other emergencies.
  • ii.
    The services are an aid to risk management only and are not a substitute for an insurance policy. Alarm Watch is not an insurer.
  • iii.
    The services are provided in accordance with the Client’s instructions.
  • iv.
    Alarm Watch may engage subcontractors to provide the services.

11 Indemnity

The Client shall indemnify Alarm Watch against any loss, damage, cost or expense suffered by Alarm Watch because of any failure by the Client to perform its obligations under this Agreement.

12 Assignment

• a)
  The Client may not assign rights or obligations without Alarm Watch’s consent.
• b)
  Alarm Watch may assign its rights or obligations by notice to the Client.

13 Waiver

• a)
  No waiver is valid unless in writing.
• b)
  A waiver does not prejudice rights in respect of later breaches.
• c)
  Failure to enforce any clause is not a waiver.

14 Entire Agreement

This Agreement constitutes the entire agreement. Changes must be in writing and signed.

15 Severability

If any provision is invalid, the remainder of the Agreement continues in effect.

16 Notices

• a)
  Notices may be delivered by hand, registered mail, email.
• b)
  In the case of hand delivery or registered mail, upon written acknowledgement of receipt.
• c)
  In the case of email or facsimile, upon completion of transmission unless a delivery failure notice is received.

17 Privacy Act 2020

• a)
  The Client authorises:

  • i.
    Alarm Watch to collect, retain and use personal information about the Client for evaluation and administration purposes in accordance with the Privacy Act 2020.
  • ii.
    Any referee of the Client to provide Alarm Watch with such personal information as Alarm Watch may require relating to the Client’s creditworthiness.
• b)
  The Client upon request and payment of reasonable costs may access personal information readily retrievable by Alarm Watch and has the right to request correction of such information.
• c)
  The Client acknowledges and consents that Alarm Watch may record telephone conversations with the Client or any nominated Contact. Alarm Watch may disclose such recordings to Emergency Services, law enforcement, or other government agencies where required, and may use them in legal proceedings.