Terms and Conditions of Sale.
Contents
1. Any form of supply including any supply within the meaning of any Commonwealth State or Territory legislation imposing or relating to the imposition of GST System Event The indication of an alarm event received by Chubb from the Equipment or Pre Existing Equipment at the Site This includes intruder alerts and fault and reporting signals including fault signals timer tests and low battery alerts Telecommunications Network Means the signal transmission medium nominated by the Client for the alarm system connected at the premises Term The Initial Term together with any renewal period under clause 1 TermPlan A plan where the Security Services are provided for a fixed period of time either twelve 12 twenty four 24 or thirty six 36 months from the Effective Date Early Termination Fees are applicable if a TermPlan is cancelled or terminated before the Initial Term has expired Warranty Period Twelve 12 months commencing on the Commissioning Date Warranty Work The work required to be done to repair an inherent defect affecting the functionality of the Equipment but excludes i any work required to be done to repair the Equipment which is caused by the Client s neglect abuse or incorrect use or caused by circumstances beyond Chubb s control or the control of the manufacturer of the Equipment including vandalism fire water damage power surge or other Event and ii any work required in relation to Pre Existing Equipme2. any Emergency Services notified by the Monitoring Provider in accordance with this CSA must be paid by the Client including false alarms 5 Emergency Services will not be contacted unless specifically and explicitly directed in the Monitoring Instructions and then only in a manner consistent with prevailing Emergency Services procedures relevant to the location of the Site The Client is advised that in some Australian locations Emergency Services may only attend in limited circumstances which change from time to time outside Chubb s control Where the Monitoring Instructions and prevailing Emergency 1 TERMS amp CONDITIONS OF SALE Chubb 1300 1 CHUBB 1300 124 822 Services Protocols definition needed conflict the Emergency Services Protocols shall prevail every time and in such event Chubb will not be liable in any way to the Client for failure to comply with the Monitoring Instructions 6 for Optional Alarm Response Services a Optional Alarm Response Services will be dispatched only in accordance with the Monitoring Instructions b each Optional Alarm Response Service will be charged at the Optional Alarm Response Services Provider s standard rates for those services at the time of request unless otherwise specified in the CSA Part D Current standard rates are available on request and generally comprise a call out flat fee and a per minute charge rate for attendance at the Site c The Alarm Response Officer will on attendanc
3. person or persons the Client nominates as its authorised NC for the purposes of the Monitoring Instructions who Chubb may contact in respect to its provision of the Security Services Unless otherwise specified by the Client in writing the Client warrants and represents to Chubb that the NC has been granted full authority by the Client to act for and on behalf of the Client as the Client s agent and that instructions given by the NC will be deemed to be instructions given by the Client and will bind the Client accordingly The Client acknowledges and agrees that it is the Client s responsibility to ensure that the NC is duly authorised able and willing to act as the Client s agent under the CSA and that the NC details are up to date at all times during the Term of the CSA Optional Services Those services the Client has elected to purchase from Chubb comprising any or all of the following Optional Equipment Installation Optional Alarm Response Service e Optional Duress Service e Optional GPRS Monitoring Optional GSM Monitoring e Optional IP Monitoring Optional Preventative Maintenance Optional Smoke Alarm Services and or e Event Reports Optional Duress Service Monitoring of System Events activated by the Client pressing the duress button on the Equipment for medical duress and panic duress This is an Optional Service Optional Equipment Installation The installation of the Equipment at the Site This is an Option
4. terms Such notice will stipulate all proposed variations to this CSA to enable the Client to ascertain whether the change is detrimental If after the expiry of thirty 30 days the Client continues to acquire the Security Services the Client will be deemed to have accepted the varied terms set out in the notice The Client may at any time during the thirty 30 day period provide notice to Chubb of the termination of this CSA on the date that the variations would come into effect based on the proposed variations and without payment of Early Termination Fees where applicable All outstanding amounts which remain unpaid if any for Equipment Fees become immediately due and payable within fourteen 14 days of the date of termination Any refunds including advance payments due to the Client will be paid within fourteen 14 days of the termination DELAY OR SUSPENSION OF SECURITY SERVICES DUE TO AN EVENT 17 1 If an Event arises Chubb TERMS amp CONDITIONS OF SALE 18 19 19 1 19 2 19 3 2 GES 1300 1 CHUBB 1300 124 822 the performance of the party affected by such Event Affected Party under this CSA is suspended for the period during which the Affected Party is reasonably prevented from performing an obligation which is caused by the Event neither party will be liable for any loss costs expense or damage of any kind resulting from its failure to perform this CSA such failure by the Affected Party will n
5. Chubb TERMS amp CONDITIONS OF SALE EE 1A 2 1300 1 CHUBB 1300 124 822 TERM 1 1 This CSA commences on the Effective Date 1 2 For FlexiPlans this CSA continues on a month to month basis until such time as either party gives the other one 1 month s prior notice in writing of termination 1 3 For TermPlans this CSA continues until the end of the Initial Term and then will automatically renew on a month to month basis until such time as either party gives the other one 1 month s prior notice of termination The Client may terminate this CSA during the Initial Term by giving one 1 months notice to Chubb however Early Termination Fees apply in accordance with clause 12 below 1 4 Chubb will give notice to the Client prior to the expiry date advising them of the automatic renewal and providing for the Client to opt for termination on the expiry date instead COOLING OFF PERIOD 1A 1 This CSA may be subject to a Cooling Off Period in accordance with the applicable legislation regarding unsolicited consumer agreements as this term is defined in the Competition and Consumer Act 2010 Cth 1A 2 Where a Cooling Off Period applies 1 Chubb will not accept any payment during the Cooling Off Period 2 Chubb will not provide any Security Services during the Cooling Off Period 3 Chubb will not supply any Equipment exceeding five hundred Australian Dollars 500 in value during the Cooling Off Period 4 the Client may cancel
6. ION Termination by the Client a The Client may terminate this CSA without cause i at any time and without Early Termination Fees during the Cooling Off Period in accordance with clause 1A ii if the Client has subscribed a FlexiPlan at any time and without Early Termination Fees by giving Chubb one 1 month s prior notice in accordance with clause 1 2 or iii if the Client has subscribed a TermPlan at any time during the Initial Term by giving Chubb one 1 month s prior notice in accordance with clause 1 3 and subject to the Early Termination Fees b The Client may terminate this CSA for cause i immediately and without Early Termination Fees if Chubb has committed a substantial breach of its obligations under the CSA and the breach has not been rectified within fourteen 14 days of notification in writing to Chubb provided always that all outstanding amounts which remain unpaid if any for Equipment Fees become immediately due and payable on the date of termination or ii in case of an Event and without Early Termination Fees in accordance with clause 17 Termination by Chubb Chubb may terminate the CSA for cause a in case of an Event and without charging an Early Termination Fees in accordance with clause 17 b if the Client is in breach of a payment obligation under this CSA and the breach is not rectified within fourteen 14 days of notification for purposes of this sub clause the first reminder correspo
7. additional equipment from the Carrier and or Chubb as a result The Client acknowledges that compliance with the obligations contained in this clause is essential to ensure that the performance of the Security Services is not disrupted For the avoidance of doubt Chubb will not be liable for any disruption to the Security Services including any failure to provide the Security Services or defect in the Security Services where any such disruption is caused or contributed to by the Client s non compliance with this clause 19 TERMS amp CONDITIONS OF SALE Chubb 1300 1 CHUBB 1300 124 822 CHUBB HOME SECURITY TERMS amp CONDITIONS KEYWORDS Additional Services Any services required to be performed at the Client s request to repair or replace the Equipment or Pre Existing Equipment due to the neglect abuse or incorrect use of the Equipment or Pre Existing Equipment or because of the occurrence of an Event or of any other circumstances outside the control of Chubb or the manufacturer of the Equipment Agreement Date The date this Agreement is signed by the Client Alarm Response Officer Means an agent or employee of the Optional Alarm Response Service Provider Alarm Response Fees The fees charged for and on behalf of the Optional Alarm Response Service Provider and payable by the Client within fourteen 14 days APPs The Australian Privacy Principles contained in the Privacy Amendment Enhancing Privacy Protection Act 2012 Cth Carrie
8. ain from a credit reporting agency a credit report containing personal credit information about the Client and a credit report containing information about the Client s commercial credit worthiness Chubb may give to and obtain from any credit provider s that may be named in a credit report held by a credit reporting agency information about the Client s personal or commercial credit arrangements including information about the Client s a creditworthiness b credit standing c credit history or d credit capacity to the extent permitted by law Chubb may use any credit report obtained by Chubb for the following purposes a to assess the Client s application b to collect payments that are overdue G to notify a credit provider if the Client breaches this CSA d to exchange personal information with other credit providers as to the status of the Client s account where the Client is in breach of a contract with a credit provider p to assess the Client s creditworthiness f to allow a credit reporting agency to create a file about the Client g to administer the Client s account h any other purpose permitted or required by law The Client authorises Chubb to exchange personal information with a any person or organisation named by the Client in the application or provided from time to time b any related company and organisations such as monitoring providers which service the Client s account and or this CSA The Cl
9. al Service TERMS amp CONDITIONS OF SALE Chubb 1300 1 CHUBB 1300 124 822 Optional Alarm Response Service The attendance of an Alarm Response Officer at the Site if requested by the Client under the Monitoring Instructions as soon as practicable during Optional Alarm Response Hours This is an Optional Service Minimum response times are set out in Australian Standard AS4421 1996 The availability of this service cannot be guaranteed at the time of a System Event Optional GPRS Monitoring GPRS allows connection to data networks at a high rate This is an Optional Service Optional GSM Monitoring GSM Global System for Mobile Communication a network standard for 2G mobile networks This is an Optional Service Optional IP Monitoring Means the signal transmission medium is via the Client s internet connection This is an Optional Service Optional IP Monitoring Interface Is the device that enables the Client s security system to transmit via the Client s internet connection This is an Optional Service Optional Preventative Maintenance Inspection and operational testing of the Equipment and or Pre Existing Equipment up to the number of times specified in the CSA Part D in any twelve 12 or twenty four 24 month period to ascertain whether the Equipment and or Pre Existing Equipment is in proper working order This is an Optional Service Optional Smoke Alarm Services Monitoring of System Events relating to smoke detection Thi
10. al Term Fees for such services are paid by equal monthly instalments in advance the first of which is payable on the Effective Date and thereafter monthly on the same date as the Effective Date until the Fees are paid in full If the Client has elected to pay any part or the whole of the Fees to Chubb by direct debit of the Client s bank account the Client undertakes to promptly sign a direct debit authority and deliver the signed authority to Chubb to give effect to this undertaking The Client agrees and acknowledges that the Direct Debit Contract applies to the Client s direct debit payments of those Fees If the Client fails to make a payment for any Security Service required to be made under this CSA the Client authorises Chubb to deduct from the Client s account on the next day that a payment is due an amount equal to all amounts then outstanding and due and payable to Chubb Chubb reserves its right to increase Monitoring Fees and Optional Preventative Maintenance after the Initial Term Any increase in fees will be notified to the Client in writing at least thirty 30 days prior to such increase becoming effective and the Client may elect to terminate this CSA upon fourteen 14 days written notice prior to the increase becoming effective Where any Supply under this CSA is or becomes subject to a GST an amount equal to the GST paid or payable for that Supply will be added to the amount exclusive of GST paid or payable for that Supply under t
11. art E Event Means a earthquake volcanic eruption act of God fires including bushfires floods lightning strikes cyclones hurricanes storms tropical storms tidal wave accidents inclement weather b strikes lock outs bans limitation of work or other industrial disturbance c riots war including civil war insurrection vandalism sabotage national emergency whether in fact or law piracy hijack act of terrorism including the use or threatened use of violence or act putting the public in fear d embargo blockade government acts regulations or requests delays or interruption in transportation inability to obtain resources failure or interruption of utilities including electricity and water network failure telecommunications breakdown default by suppliers and subcontractors e temporary closure of roads traffic conditions motor vehicle breakdowns and f any other events beyond the reasonable control of the Affected Party which prevent or hinder the Affected Party from carrying out its obligations under this CSA and being not due to its fault or negligence TERMS amp CONDITIONS OF SALE Chubb 1300 1 CHUBB 1300 124 822 Event Report A written report or account of any System Events that are communicated by the Client s alarm system to Chubb s monitoring centre This is an Optional Service Fees The fees for the Security Services which comprise Monitoring Fees Equipment Fees if applica
12. b under this CSA represents services those services come with non excludable guaranties that cannot be excluded under the Australian Consumer Law including that they will be provided with due care and skill and be reasonably fit for their purpose The Client is entitled to a refund or the re supply of the services for a breach and to compensation for any other reasonably foreseeable loss or damage 4 Chubb TERMS amp CONDITIONS OF SALE 12 12 1 13 14 11 3 11 4 1 2 11 5 1300 1 CHUBB 1300 124 822 If a defect in the Equipment develops within the Warranty Period or any Extended Warranty Period as applicable the Client is entitled to submit a warranty claim by notifying Chubb verbally or in writing who agrees to repair or replace at its sole discretion the defective Equipment Pursuant to the warranty in clause 11 2 and 11 3 where Chubb elects to repair the goods goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired Refurbished parts may be used to repair the goods and if the goods are capable of retaining user generated data the repair of the goods may result in the loss of the data The foregoing warranty is provided by Chubb Home Security a division of Chubb Fire amp Security Pty Ltd ACN 000 067 541 Registered office 149 155 Milton Street Ashfield NSW 2131 Australia Phone 1300 124 822 Website http www chubbhomesecurity com au TERMINAT
13. ble e Alarm Response Fees if applicable e Guard Fees if applicable and e Fees applicable for any other Optional Service Additional Service or as otherwise provided in the CSA FlexiPlan A plan where the Security Services are provided on a month to month basis GST Any tax in the nature of a tax on or on the supply of goods real property services or other things or similar tax levied imposed or assessed by the Commonwealth of Australia or any State or Territory of Australia which may operate at any time during the Term other than any interest fine penalty fee or other payment imposed on or in respect of such tax Guard Service The attendance of a security officer to guard the Site until such time as the Nominated Contact NC makes other arrangements This is an ad hoc service provided to the Client if instructed to do so by the NC This service is additional to the Optional Alarm Response Service and attracts separate and additional Guard Service Fees Guard Service Fees The fees charged by the Guard Service Provider for the Guard Service and payable by the Client Guard Service Provider Means Chubb s preferred provider to undertake the Guard Service Initial Term e For TermPlans the period set out in the CSA Part D commencing on the Effective Date and e For FlexiPlans the period of one 1 month commencing on the Effective Date Monitoring The service of monitoring and actioning System Events received from the Equi
14. break and enter area if practical lawful and instructed to do so attempt to secure the crime scene and assist in ensuring potential evidence is not destroyed or compromised and iii await the attendance of Emergency Services or the NC and not leave until authorised to do so by the Monitoring Provider or the NC and iv take appropriate action to minimise loss and or damage as per the NC s instructions and at the Client s cost f Alarm Response Services are shared with other customers of Chubb and the Client agrees and acknowledges that exceptionally busy periods and or unforeseen circumstances may occasionally prevent attendance at a Client s premises 7 For Optional Duress Alarms if incorporated as part of the Equipment the Client acknowledges and agrees that a duress System Event will not result in automatic notification to Emergency Services or their attendance at the Site 8 For Optional Smoke Alarm Services where a smoke detector alarm System Event is received Chubb will use reasonable endeavours to contact the fire brigade if the Client has specifically and explicitly requested such Emergency Services procedures as part of the Monitoring Instructions 4 2 If the Monitoring Instructions contain manifestly wrong information or are manifestly inconsistent with the Security Services the Client authorises Chubb to correct the wrong information or inconsistent Monitoring Instructions to the extent Chubb is able and such corrected information or i
15. e at the Site in response to a System Event i visually inspect all points of entry where access is unhindered ii visually inspect all glazed areas on ground level where access is unhindered iii report any observed security breaches to the Monitoring Provider iv implement nominated after hours instructions if any v provide an attendance report to Chubb and vi only if the Alarm Response Officer holds keys and codes for the Site will also if and as directed in the Monitoring Instructions a inspect internal alarmed areas b re arm or re set the alarm panel in the Equipment and c if expressly instructed by the NC use best endeavours to engage a Guard Service to resecure the Site at the Client s cost Placement of guard will result in a minimum four 4 hour charge at standard rates applicable at the time d The Alarm Response Officer will not i apprehend offenders where there is a potential safety risk or enter an area of potential risk or ii in cases where the Alarm Response Officer does not hold keys to the Site will not enter the Site including entry through secured gates or into areas where access cannot be gained or re arm the Equipment e Should the Alarm Response Officer detect a security breach or break and enter the Alarm Response Officer will i contact the Monitoring Provider with details of the break and enter The Monitoring Provider will attempt to contact a NC to seek instructions ii conduct a visual check of the
16. financial institution to ascertain the Client s creditworthiness in accordance with clause 15 If the Client does not provide Chubb with the information requested it will affect or prevent Chubb s ability to effectively provide the Client with the Security Services and Chubb may elect to terminate the CSA The Client must actively cooperate with Chubb to ensure that all personal information of the Client held by Chubb is accurate up to date complete relevant and not misleading By entering into this CSA the Client agrees and acknowledges that Chubb may 2 forward to the Client from time to time promotional material and information regarding any of its security goods and services unless the Client requests Chubb either by phone e mail letter of facsimile to stop using the Client s personal information for the purpose of direct marketing and 3 disclose the Clients personal information to other organisations including without limitation Related Bodies Corporate Emergency Services service providers and government bodies and entities that assist Chubb in the provision of the Security Services If the Client has provided Chubb with personal information about another person including any of the Client s Nominated Contacts the Client must inform that person that personal information has been supplied to Chubb the reason why it has been supplied and that they can contact Chubb to obtain access to or update or correct their personal infor
17. g Equipment to a receiver Decommissioning Fee The one off fee payable by the Client to enable Chubb to decommission the Equipment or Pre Existing Equipment on the expiry or termination of the CSA Direct Debit Contract The direct debit arrangement in the CSA Part F Early Termination Fees Means for TermPlan customers 100 of the balance of the Fees payable for the remaining Initial Term for example if the Customer was on a 24 month TermPlan and terminates the CSA in month 11 the Fees for the remaining 13 months of the Initial Term are payable as a result of the termination Effective Date The date on which billing of the Fees commences This is the Commissioning Date or the Security Services becoming effective or where a Cooling Off Period applies the end of the Cooling Off Period whichever is the later Emergency Services The providers of emergency services e g Ambulance Fire Brigade and or Police Equipment The items and products listed in the CSA Part E which the Client purchased for installation by Chubb at the Site This includes the option of dialler Securitel GSM Mobile IP Monitoring or a combination of these options of line based monitoring technology Pre Existing Equipment means equipment previously installed at the Site by others before the commencement of the CSA Equipment Fees The fees for the purchase of the Equipment and for Optional Equipment Installation if elected by the Client as set out in the CSA P
18. g the Site to the Monitoring Provider and may indicate a break in or other unlawful activity at the Site whilst the telephone line communication and or digital mobile communication is severed or disabled for any reason maliciously or otherwise it is the Client s responsibility to notify Chubb of the disconnection of the Equipment and acknowledge that the Security Services will not be provided by the monitoring centre until such time as the telephone line communication and or digital mobile communication is restored if a digital dialler is fitted to the Equipment or the Pre Existing Equipment it is programmed to send regular test System Events to Chubb s monitoring centre and the Client is responsible for the cost of all telephone calls emanating from the Equipment and or Pre Existing Equipment 10 3 Where the Security Services include smoke detection equipment sold and installed by Chubb as part of the Equipment the Client acknowledges that smoke detector devices are intended only to provide an early warning system in the event of fire or smoke are not intended for the purposes contemplated by and do not comply with AS1670 1 2004 Fire Detection Warning Control and Intercom Systems the Building Code of Australia and applicable legislation and Australian standards relating to fire alarm equipment and installation must be serviced in accordance with the manufacturer s specifications and that it is the responsibility of the Client to a
19. he SIM Card provided as part of the Optional GSM or GPRS Monitoring will at all times remain the sole property of Chubb and that nothing in this CSA shall confer upon the Client any right of property or interest in or title to the SIM Card and that Chubb will cancel the SIM Card in the event that the Equipment is Decommissioned for any reason CREDIT ENQUIRIES 15 1 1 15 2 15 3 Chubb may obtain information about the Client s creditworthiness on terms which attract the operation of the Privacy Act 1988 Cth By entering into this CSA the Client specifically agrees and acknowledges that to the extent permitted by law Chubb may give to and seek personal information from a credit reporting agency about the Client and the Client s credit arrangements including a information contained in this application the Client s name sex date of birth current address and last two addresses current or last known employer and driver s license number the amount of credit the Client has applied for payments which may become more than 60 days overdue advice that payments are no longer overdue 9 a9 5 a serious credit infringement which Chubb believes the Client has committed the discharge of the Client s credit facility or this CSA Q that the Client has drawn cheques for 100 00 or more which have been dishonoured more than once and i that court judgments and or bankruptcy orders have been made against the Client Chubb may obt
20. his CSA Each party agrees to do all things including providing invoices and other documentation which may be necessary or desirable to enable or assist the other party to claim any credit set off rebate or refund in relation to any amount of GST paid or payable for any Supply under this CSA CLIENT S OBLIGATIONS AND ACKNOWLEDGMENTS 10 1 Except where otherwise provided in this CSA the Client will 1 be liable for any breach of this CSA committed by the Client 2 pay Chubb interest on overdue monies at the rate for the time being published by the Commonwealth Bank of Australia for overdrafts under 100 000 00 interest to be calculated on daily balances 3 ensure the Site will at all times be a safe working environment for Chubb s employees contractors agents and authorised representatives and without limitation does not contain asbestos or similar hazards or any infections or building diseases The Client must notify Chubb in advance of any unsafe condition at the Site that may affect the performance of work at the Site Chubb reserves the right to refuse to perform any work at the Site including without limitation Optional Equipment Installation Optional Preventative Maintenance or Warranty Work if in Chubb s reasonable opinion the Site is not a safe working environment until such time as the Site has been made safe at the Client s cost including professional removal of all asbestos product from that part of Site where asbestos i
21. iate effect and waive the payment of any Early Termination Fees provided that where an Optional Service is no longer being provided by Chubb that Optional Service was elected by the Client at the time of the Agreement Date For the avoidance of doubt the Client will still be required to pay to Chubb any Fees due and payable on account of Security Services performed up to the date of the termination 3 3 The Standard Services will be carried out within the Standard Hours 3 4 The Fees for the Security Services are based upon Chubb having free and unobstructed access to the Site during Standard Hours and on the Optional Equipment Installation being capable of being executed in a continuous sequence If access is impeded or interrupted additional charges may apply and be payable by the Client to Chubb 3 5 Chubb and the Client must respectively comply with amongst other things all building and safety laws and regulations applicable to the Site PROVISION OF MONITORING 4 1 The Client acknowledges and agrees that 1 Chubb will not take any action on receiving a System Event except as specifically and explicitly directed by the Client in the Monitoring Instructions 2 the Client is responsible to ensure that the Monitoring Instructions to Chubb are at all times current correct and tailored to suit the Client s individual requirements 3 Chubb will use all due care and skill to comply with the Monitoring Instructions 4 any expenses charged by
22. ient s consent and acknowledgment in this clause 15 will remain in force until the full amount owing to Chubb under this CSA is paid If Chubb assesses the Client s creditworthiness under this clause 15 and determines in its absolute discretion that there are reasonable grounds for believing the Client will be unable to pay the Fees due under this CSA Chubb may terminate this CSA with immediate effect by written notice to the Client GENERAL PROVISIONS 16 1 Either party may give the other notice under this CSA by letter e mail or facsimile addressed in the case of a letter at the address last known to the party giving the notice and any such notice will be considered given when the letter e mail or facsimile would have been delivered in the ordinary course of post or transmission The Client must not assign or novate its interests in this CSA without Chubb s prior written consent which may be withheld at Chubb s discretion Chubb may at any time assign or novate any part of its rights and obligations under this CSA to a reputable organisation including a Related Body Corporate who agrees to be bound by the terms of this CSA without the Client s consent This CSA is subject to the laws of the State or Territory in which the Site is located and the parties submit to the non exclusive jurisdiction of the courts of the State or Territory Chubb may vary the terms of this CSA by giving the Client thirty 30 days prior notice of the varied
23. ly to the Additional Services and the Client must pay for the Additional Services 2 at the following rate if Chubb a has quoted an amount before providing the Additional Services the amount quoted or b has not given any quote an amount calculated for the Additional Services provided at Chubb s standard rates for such work 3 Chubb will provide an estimated time to complete the Additional Services based on the description of the likely Additional Services that will be required DECOMMISSIONING 8 1 8 2 8 3 The Client acknowledges and agrees that upon the expiry of the Term or earlier or subsequent termination of this CSA where exercised by the Client the Client must arrange at its cost for Decommissioning of the alarm dialler component of the Equipment Decommissioning is recommended on the cessation of Monitoring in order to prevent System Events being directed to the Monitoring Provider and being charged to the current owner or occupier of the Site As a precondition to Chubb providing the Security Services under this CSA upon the cancellation of the Security Services or subsequent termination of the CSA the Client agrees to decommission the system as directed in Part F of the CSA Where the Client does not sign Part F relating to Decommissioning the Client agrees to indemnify Chubb and keep Chubb indemnified against all costs and expenses incurred directly or indirectly by Chubb to disconnect or reprogram the alarm dialler compo
24. mation The Client may access correct or update his or her personal information held by Chubb at any time upon request Chubb s privacy policy contains information about how an individual may complain about a breach of the APPs and an applicable APP Code and how Chubb will deal with the complaint To obtain a current copy of Chubb s privacy policy access or update the personal information Chubb holds regarding the Client or to advise that the Client no longer wishes to receive further marketing information contact Chubb Privacy Officer PO Box 1955 Ashfield NSW 2131 NBN TRANSITION Without limiting other provisions therein where the Client is not using the NBN at the date of this CSA the Client must inform Chubb as soon as possible 1 if the Client decides to use the NBN to enable the connection under clause 2 1 or 2 if the NBN is installed at the Site at any time during the Term The Client must also inform its Carrier or NBN provider of the existence of Security Services at the Site In the event of 1 or 2 occurring the Client agrees and acknowledges that a Chubb may need to attend the Site to ensure compatibility of the Client s security system with the NBN and that the Equipment and or Pre Existing Equipment are properly connected to enable the provision of the Security Services such visit will be charged to the Client and Chubb will advise the cost of the visit prior to attendance and b the Client may be required to procure
25. ndence from Chubb to the Client will be deemed notice to the Client to rectify the payment breach within fourteen 14 days c any breach other than failure to pay by the Client in respect of any provision of this CSA which is not rectified within fourteen 14 days of notification by Chubb will entitle Chubb to terminate this CSA for breach and to charge Early Termination Fees or d as otherwise provided in the CSA OPTIONAL IP MONITORING 13 1 13 2 13 3 13 4 13 7 Optional IP Monitoring is connected to either the Client s network or virtual private network The service meets the requirements of AS 2201 5 part 2 4 6 with regards to signalling security The Optional IP Monitoring Interface sends the Client s security data to the Monitoring Provider using a network service Typically this service is delivered using one of the following technologies ADSL cable modem satellite wireless broadband or frame relay If the network connection is inoperable impaired congested or if the Client is in an area with restricted network access then the data delivery may be affected During installation and Commissioning all reasonable care will be taken by Chubb to not affect the overall operability of the Client s network It is the Client s responsibility to provide all network requirements referred to in the Technical Advice Note Networking Configuration document prior to Chubb attending the Site If the Optional IP Moni
26. nent of the Equipment and any related dialler expenses including telephone charges invoiced by the Carrier FEES 9 1 9 2 9 3 9 4 9 5 9 6 9 7 9 8 The Client must pay Chubb in advance the Monitoring Fees and Equipment Fees in the manner and at the times specified in the CSA Part G The Monitoring Fees and the Equipment Fees are fixed for the Initial Term Monitoring Fees are paid by equal monthly instalments or annually in advance the first payment is due on the Effective Date and if paid in instalments thereafter on the same date each relevant cycle until the Fees are paid in full Equipment Fees are paid in full on the Effective Date or by way of a Payment Plan need definition When a Payment Plan is selected a deposit at the time of installation is optional The full amount or the balance will be divided by the number of months selected for the Payment Plan as specified in the CSA Part E and billed the first Sunday of each month following the Effective Date until paid in full Fees for Alarm Response Fees and Guard Fees if applicable are invoiced to the Client at the applicable rates prevailing at the time of provision of those Security Services Such fees are payable within fourteen 14 days of invoice date Indicative rates for these services are available by calling Chubb on 1300 124 822 Fees for Optional Preventative Maintenance if elected by the Client at the time of the Effective Date are fixed for the Initi
27. nstructions shall constitute the Monitoring Instructions to Chubb Chubb will notify the Client either in writing or verbally of the corrected information as soon as practicable 5 PROVISION OF WARRANTY AND PREVENTATIVE MAINTENANCE SERVICES 5 1 Warranty Work and Optional Preventative Maintenance will be performed when reasonably requested by the Client during Standard Hours unless otherwise agreed 5 2 If after the expiry of the Warranty Period the Client requests either in person or via telephone Chubb to diagnose and rectify a defect in the Equipment Chubb may charge the Client a fee for such diagnosis rectification or advice at its standard rates published by Chubb from time to time 5 3 Chubb will not be liable for any claims made for injury loss or damage caused to the Client resulting from Chubb s failure to provide the Warranty Work Optional Preventative Maintenance or if the Client fails to give Chubb access to the Site 5 4 Where the Client has requested Optional Preventative Maintenance and Chubb made reasonable attempts to provide the service but the Client fails to give Chubb access to the Site within ninety 90 days from the due date of Operational Preventative Maintenance as set out in this CSA then Chubb is under no obligation to refund to the Client the fees for the unused Optional Preventative Maintenance 6 TESTING AND DEFECTSThe Client must 1 carry out regular monthly testing of the Equipment and or Pre Existing Equi
28. nt 10
29. nty Work to rectify such defects during the Warranty Period 2 2 If the Client experiences any operational faults or defects in the Equipment during the Warranty Period the Client must contact Chubb as soon as practicable to permit Chubb to carry out the Warranty Work Optional Preventative Maintenance or Additional Services as required 2 3 The Client agrees and acknowledges that the Client is solely liable for and will bear the cost of replacement batteries light bulbs and any other such consumable items required for the use and operation of the Equipment including during the Warranty Period The Client also acknowledges and agrees that Chubb is not liable to repair or replace the Equipment or any part thereof where repair or replacement is required due to fair wear and tear 2 4 The Client agrees and acknowledges that any misuse unauthorised removal or reinstallation of interference with or work on the Equipment will void the manufacturer s and or extended warranty for the Equipment PROVISION OF SECURITY SERVICES 3 1 Chubb will provide the Security Services to the Client for the Term 3 2 If at any time during the Initial Term Chubb becomes unable to provide the Security Services to the Client due to reasons or circumstances beyond Chubb s control Chubb will notify the Client immediately and at the election of the Client either refund any Fees paid for those Security Services which cannot be provided and terminate this CSA with immed
30. ot be deemed to be a breach of this CSA and where the Event continues for a period of sixty 60 or more consecutive days either party may terminate this CSA immediately without penalty or payment of Early Termination Fees where applicable All outstanding amounts which remain unpaid if any for Equipment Fees become immediately due and payable within fourteen 14 days of the date of termination Any refunds including advance payments due to the Client will be paid within fourteen 14 days of the termination PRIVACY 18 1 18 7 18 8 Chubb is committed to protecting the Client s personal information and safeguarding his her privacy in accordance with applicable laws Chubb will take reasonable steps to protect personal information from misuse interference loss and from unauthorised access modification or disclosure When the Client s personal information is no longer needed and when Chubb has ceased to be legally obliged to retain the information Chubb will take reasonable steps to ensure that the information is destroyed or de identified Chubb collects the Clients personal information such as the Client s name address telephone number s and if required the names addresses and telephone number s of the Client s Nominated Contacts for the purpose of providing the Client with the Security Services and administering the CSA Chubb may collect personal information about the Client from other sources such as a credit reporting agency or
31. pment and its connection with the Monitoring Provider comply with all operating and maintenance instructions for the Equipment and or Pre Existing Equipment and otherwise do all things reasonably required to maintain the Equipment and or Pre Existing Equipment in good working condition On the Commissioning Date a user manual will be provided to the Client which also details the testing requirements of the Equipment 2 immediately notify Chubb of any defects in the Equipment or Pre Existing Equipment discovered during testing or after testing and 3 promptly notify Chubb if the use characteristics or layout of the Site changes from that existing at the Commissioning Date 6 2 The Client must 1 promptly notify Chubb of any break in or attempted break in to the Site 2 allow Chubb access to the Site whenever Chubb reasonably requires for testing the Equipment or Pre Existing Equipment and its operational performance 3 not place any direct or indirect obstacles in front of the Equipment or Pre Existing Equipment detectors as such action will either partially or completely restrict the effectiveness of the Equipment or Pre Existing Equipment and Chubb TERMS amp CONDITIONS OF SALE EE 7 10 1300 1 CHUBB 1300 124 822 4 immediately notify Chubb if the Client detects a fault in the Equipment ADDITIONAL SERVICES 7 1 If the Client requests Chubb to provide Additional Services and Chubb agrees the terms of this CSA app
32. pment and or the Pre Existing Equipment as soon as practicable in accordance with the Monitoring Instructions and Australian Standard AS2201 2 Monitoring Fees The fees charged by the Monitoring Provider and payable by the Client to Chubb in equal monthly instalments in advance under a FlexiPlan or TermPlan Monitoring Instructions Detailed written instructions from the Client regarding its requirements for the provision of and timing of the Security Services The initial Monitoring Instructions must be set out in the CSA Part C and are the procedures to be followed by Chubb in the event of a System Event The Client may alter or update its Monitoring Instructions at any time during the Term of the CSA by notifying Chubb by phone e mail facsimile or letter The updated Monitoring Instructions will then become effective and supersede the initial or previous Monitoring Instructions upon twenty four 24 hours of receipt by Chubb Monitoring Provider Means Chubb s preferred provider to undertake the Monitoring NBN Means the National Broadband Network the fibre network being designed constructed implemented and or operated by or on behalf of NBN Co Limited ABN 86 136 533 741 and its related body corporates officers employees agents contractors sub contractors and consultants and includes any other network systems equipment and facilities used by NBN Co Limited in connection with the supply of its services Nominated Contact NC The
33. r The supplier engaged directly by the Client to provide telecommunications at the Site to enable the Security Services to be provided to the Client by Chubb Chubb Chubb Fire amp Security Pty Ltd t a Chubb Home Security ACN 000 067 541 149 155 Milton Street Ashfield NSW 2131 Australia Tel 1300 124 822 Fax 02 9930 4272 www chubbhomesecurity com au Chubb includes its employees contractors agents and authorised representatives acting in the course of their work employment or authorised work Client The person or persons or legal entity named in the Customer Service Agreement CSA Part A Cooling Off Period Where this CSA is subject to unsolicited consumer agreement legislation a ten 10 business day cooling off period applies Commissioning Commissioned The enabling of the Equipment or Pre Existing Equipment to ensure that a System Event is transmitted from the Equipment or Pre Existing Equipment to a receiver Commissioning Date The date that the Equipment or Pre Existing Equipment is Commissioned CSA The Customer Service Agreement which comprises these terms and conditions the Important Things The Client Needs to Know and all parts of the Customer Service Agreement Client Information Monitoring Instructions Billing Information and Direct Debit Contract Decommissioning Decommissioned The disabling of the Equipment or Pre Existing Equipment to ensure no further System Event is transmitted from the Equipment or Pre Existin
34. result a technician is required to rectify the service Chubb s standard fees relating to a call out will apply and are payable by the Client in addition to the Fees In the unlikely event of the Optional IP Monitoring Interface affecting the Client s network which may share the same network as other services Chubb is not liable for any loss or damage including consequential losses caused by network corruption or downtime OPTIONAL GSM MONITORING AND OPTIONAL GPRS MONITORING 14 1 14 2 14 3 If the Optional GSM or GPRS Monitoring is selected by the Client Chubb will provide the Security Services via the Telecommunications Network The Client acknowledges that the provision of the Optional GSM or GPRS Monitoring by Chubb may be interrupted and may not be error free Chubb shall not be liable for any loss or damage sustained or incurred by the Client in the course of Chubb providing the Optional GSM or GPRS Monitoring as a result of or in relation to the failure to receive or transmit any data or the receipt or transmission of incorrect data relating to or resulting from whether directly or indirectly any defect error or malfunction in the Telecommunication Network Chubb TERMS amp CONDITIONS OF SALE i 15 16 17 1300 1 CHUBB 1300 124 822 14 4 If the Client selects the Optional GSM or GPRS Monitoring then the Client agrees to use the SIM Card provided by Chubb unless otherwise agreed 14 5 The Client acknowledges that t
35. rrange such servicing Chubb on the written request of the Client can arrange servicing of the smoke detection equipment for a fee payable by the Client and are not lifesaving equipment and must not be relied on by the Client for the purposes of meeting any obligation under any Commonwealth or State legislation Australian standards local regulations or the Building Code of Australia or for insurance purposes 11 COMPETITION AND CONSUMER ACT 2010 CTH 11 1 Nothing in this CSA limits or excludes the application of the Competition and Consumer Act 2010 Cth including the Australian Consumer Law 11 2 If the Client is a consumer as defined in the Australian Consumer Law the following additional provisions apply To the extent any of the Security Services and or Equipment supplied by Chubb under this CSA represents goods those goods come with guaranties that cannot be excluded under the Australian Consumer Law The Client is entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage The Client is also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure The benefits to the Client given by this warranty are in addition to other rights and remedies of the Client under applicable laws relating to the goods To the extent any of the Security Services and or Equipment supplied by Chub
36. s is an Optional Service Optional Alarm Response Hours Those hours during which the Optional Alarm Response Service Provider provides Optional Alarm Response Services in the area where the Site is located which may be confirmed by contacting Chubb Optional Alarm Response Service Provider Means Chubb s preferred provider to undertake the Optional Alarm Response Service unless otherwise nominated by the Client on the Monitoring Instructions Chubb does not guarantee the attendance of any Optional Alarm Response Service Provider Payment Plan Means where the Client agrees to pay for his or her account in equal instalments for the Security Services provided over the Term of the CSA Related Body Corporate Has the meaning assigned to this term in s50 of the Corporations Act 2001 Cth Security Services Means the Standard Services and any elected Optional Service and or Additional Service Site The location specified in the CSA Part B as the installation site Standard Hours e Monitoring 24 hours a day 7 days a week e Additional Services Commissioning Decommissioning Optional Equipment Installation Optional Preventative Maintenance Warranty Work Monday to Friday excluding public holidays from 08 30 hours to 1800 hours AEST subject to alteration by Chubb from time to time at its discretion Standard Services e Dialler Monitoring and e Warranty Work where Equipment is installed but excluding Pre Existing Equipment Supply
37. s present and 4 be responsible for identifying and notifying Chubb either verbally or in writing of the location of any existing services concealed pipes wires and cables for water gas electricity telephone or other services affecting the Site to the extent known by the Client Chubb TERMS amp CONDITIONS OF SALE i 1300 1 CHUBB 1300 124 822 10 2 The Client acknowledges and agrees that a b p a the Fees are based on the value of the Security Services and are not related to the value of the Client s property or the property of others located on the Site all of its authorised users have received adequate training in the use of the Equipment and or Pre Existing Equipment before its operation and undertake to ensure that any additional authorised users receive similar training and if applicable to pay Chubb s reasonable fees for this training it will promptly arrange for its authorised users to be fully conversant with the procedures contained in any manuals or guides for the Equipment the Pre Existing Equipment and the Security Services whether or not issued by Chubb and undertake to ensure that additional authorised users are also made fully conversant with these procedures it will promptly notify Chubb if it or its authorised users have any difficulty in understanding or implementing the provisions contained in any owners guide for the Equipment or user guides for the Security Services that may be issued b
38. s which are provided by Carriers Without limiting clause 19 Chubb will not accept responsibility for Equipment or Pre Existing Equipment performance issues which are attributable to equipment and or services not supplied by Chubb All telephone charges relating to the functioning of the alarm dialler component of the Equipment and or Pre Existing Equipment are the Client s responsibility Australian Standards recommend the servicing of Equipment at least once every twelve 12 months in order to maintain it in effective working condition even if the Equipment is serviced in accordance with the recommendations of the relevant Australian Standard this does not guarantee that the Equipment will operate if failure is caused by technical fault or other causes outside Chubb s control there are varying levels of line integrity between the optional monitoring technologies i e digital dialler line base monitoring technology and digital mobile technology and the Client has elected to utilise technology specified in the CSA Part E in respect of digital dialler line based monitoring the Monitoring Provider will not be aware of a communications failure if the telephone line is severed or disabled between the Monitoring Provider and the security panel in the Equipment until the next time the panel is programmed to send a test System Event to the Monitoring Provider a line fail System Event may indicate malicious damage to the telephone line connectin
39. this CSA within this period without penalty by giving Chubb notice verbally or in writing The Client may use the notice in the prescribed form contained in the CSA 1A 3 If the Client cancels this CSA during the Cooling Off Period and Equipment was supplied during that period the Client agrees to provide Chubb with reasonable access to the Site during Standard Hours to remove the Equipment within thirty 30 days of cancellation Failure to provide Chubb with such access will result in the Client being invoiced for the cost of the Equipment INSTALLATION OF EQUIPMENT AND WARRANTY 2 1 1 Where Optional Equipment Installation has been elected Chubb will install the Equipment at the Site on the Commissioning Date The Client must pay Chubb for the Equipment and for Optional Equipment Installation in the manner specified in the CSA Part G 2 All structural alterations to the Site and the provision of 240 250 mains power connections are not included in the Optional Equipment Installation and additional charges will apply unless specified otherwise in the CSA Part E 3 Except where the Client has selected Optional GPRS Monitoring Telstra Secure or Optional GSM Monitoring all telecommunications connections with a Carrier required for the Equipment will be arranged directly with the Carrier and paid for by the Client to the Carrier 4 Chubb warrants that the Equipment will be free from defects for the Warranty Period and Chubb will perform all Warra
40. toring Interface is not transmitting any data e g alarm and polling messages over the primary network for any reason including congestion or failure of the Client s network the data will only be transmitted if the security system has dual path capabilities and is configured for backup The Client acknowledges that if the dialler backup option has been severed or cut the Monitoring Provider will not be aware of the dialler communications failure until the next programmed test signal fails to reach the Monitoring Provider The security system will not be monitored by the Monitoring Provider until at least one communication link has been restored The Optional IP Monitoring Interface is regularly polled from the Monitoring Provider to ensure alarm path integrity The polling period results in bandwidth traffic of less than 11 Mb per month In response to alarm events the Optional IP Monitoring Interface sends a message to the Monitoring Provider the resultant data bandwidth traffic is under 50 Kb per month If the Client does not have the required bandwidth available or bandwidth is reduced the data e g alarm and polling messages may be delayed or lost The Client is responsible for all the network charges including bandwidth consumption and excess usage charges associated with the use of IP Monitoring Interface Should the Client make changes to any network settings which disrupt the Optional IP Monitoring Interface s data transmission and as a
41. y Chubb Chubb is not an insurer of the Site or other property and risks that the Security Services and installation of the Equipment at the Site cannot be guaranteed to prevent unauthorised entry loss or damage at the Site and that it is extremely advisable for the Client to effect and maintain all normal and prudent insurance policies for all usual risks including fire burglary theft and consequential loss and damage as well as exercise all reasonable precautions that can be expected from a prudent and diligent home owner or occupier times for date of delivery or installation of the Equipment indicated by Chubb to the Client in any quotation are estimates only and although every reasonable effort will be made by Chubb to achieve delivery or installation within the time specified no liability shall arise in respect of any failure by Chubb to deliver or install the Equipment within such time If the Optional Equipment Installation has not been achieved within five 5 working days of the estimated delivery or installation date due to factors outside the Client s control unless otherwise agreed by the Client the Client may cancel this CSA for late delivery without penalty following completion of the installation of the Equipment Chubb will issue to the Client its commissioning certificate stating the installation completion date the performance of the Equipment and or the Pre Existing Equipment can be affected by equipment and communication service
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