Smoke Alarm Solutions Pty Ltd - Terms and Conditions
Thank you for using our services (Services). The Services are provided by Smoke Alarm Solutions Pty Ltd ABN 97 604 793 688 (SAS), our contact details are:
Address: 39 Navigator Place, Hendra, Queensland 4011.
Phone: 1300 852 301
By using our Services, you are agreeing to these terms. Please read them carefully.
Our Services are diverse both in type and where the Services are offered, so sometimes additional terms or specific requirements (including age or geographic requirements) may apply. If there are additional terms applicable to the relevant Services that are provided separately from these standard terms, those additional terms become part of your agreement with us if you use those Services.
Smoke Alarm Solutions currently offers the following services:
- Smoke Alarm Installation, Service and Compliance
- Pool Compliance (QLD only)
- Blind Cord Compliance
- Safety Switch Testing
- Water Meter Reading
- Gas Compliance
- Electrical Compliance
Our Services are provided on an annual subscription basis for Services that are Packaged together (Packages) and on a pay-per-service basis for Services that are provided separately from or in addition to the Packaged Services (Additional Services).
Details of the Packages and Additional Services and their pricing can be found in the Schedule of Smoke Alarm Solutions – Packages and Pricing, which is updated from time to time.
All our prices are quoted inclusive of G.S.T.
Generally our Services are available to property owners or their duly authorised real estate agents. In this document, reference to “us” (or similar personal pronoun) is a reference to SAS, and reference to "you" (or similar personal pronoun) is a reference to the person who has engaged our Services under this document and in certain instances, that person is represented by someone who completes the Property Enrolment Form, the representative personally or an agent.
By using our Services you appoint us to perform the Services you selected in your (Property Enrolment Form), which incorporates this document by reference, and we agree, subject to the terms and conditions in this document (as amended from time to time), to render such Services during our appointment. We will render our Services in accordance with our Standard Operating Procedures, which are incorporated in this document.
You will have agreed to these terms and acknowledged that you have read and understood this document, including the terms, procedures and disclosures set out in or incorporated in this document and your Property Enrolment Form and any form used in ordering service or work properly submitted by you (Work Order) by submitting Property Enrolment Form (or Work Order) and by continuing to use our Services following the day after this document was available to you. However, only when we have accepted your Property Enrolment Form and made a first attendance at the property will you and we have entered into a binding agreement. If we do not accept your Property Enrolment Form or our first attendance report indicates that we will not provide services to your property, this offer lapses and we shall assume that you do not wish to use our Services. However, you may still be obliged to pay us for any work done or Service provided but we will not incur any liability. (Please see our pay-per-service attendance terms below.)
Smoke Alarm Services
Our Smoke Alarm Services are available as either an annual Package subscription or as pay-per-service Additional Services.
By purchasing an annual Package for an enrolled property we will clean and service smoke alarms in the enrolled property for a 12 month period and attend to any faulty, expired, damaged, missing or beeping smoke alarms at that property.
Please see the Schedule for further details as there are multiple Packages available.
- Some Packages include additional services at no extra cost.
- Some Packages include additional fees for alarm replacement.
- Some Packages are no longer available for newly enrolled properties but continue to apply to properties already enrolled for that Package.
During the applicable 12 month subscription period we will ensure that the smoke alarms and installations in the relevant property comply with smoke alarm legislation applicable in the State or Territory in which the enrolled property is located.
- We are not a building surveyor, and do not know the relevant date that a property was built or renovated. Our trained technicians may use reasonable efforts to estimate the build date and building class of your property if applicable, but it is your responsibility to notify us of the date when the property was built or substantially renovated and its classification if relevant (see below What is a Smoke Alarm Compliance Report?).
- The Package purchased is not an indication of the smoke alarm's or smoke alarm installation's compliance (see Smoke Alarm Compliance). In some circumstances we may have to check smoke alarm and installation compliance to current legislation, and separately for legislation that will take effect at a later date (see Qualified Compliance Reports).
- In certain instances, in order to provide our Services in compliance with the law, and changes to the law, if your property is enrolled under an annual Package it may be automatically upgraded to another Package and additional charges may apply (see Package Change).
- The selection of a Package by you should be based on cost-effectiveness relating to the number of alarms already installed in a property, the estimated build date of a property and whether the alarms are interconnected and otherwise as required by the relevant legislation in the relevant state or territory.
QLD Smoke Alarm System Upgrades to 2022 Legislation
We provide our services in Queensland to assist our clients to comply with the Fire and Emergency Services (Domestic Smoke Alarms) Amendment Act 2016 (Qld) (2022 Legislation). From 1 January 2022, all domestic dwellings in Queensland must be fitted with smoke alarms that meet the requirements of the 2022 Legislation.
SAS provides automatic quotes following inspections for all properties currently enrolled with SAS in Queensland that are not on an Ultimate Package. You are not obliged to accept a quote from SAS, but it may impact your compliance with the 2022 Legislation.
Quotes are based on the number of standard Bedrooms in a property. (See our definition of a “Bedroom” below)
The following conditions apply to our services relating to 2022 Legislation upgrades:
- Alarms will be installed and replaced on a like for like basis in terms of power source. If there is no alarm present where required, a 10 year Photoelectric smoke alarm will be installed.
- If a smoke alarm system in a property subject to one of our Packages is upgraded by a third party provider, we may refuse to service the property if the quality of the new alarm(s) result in excessive alarm faults.
- We do not replace faulty or expiring 240 volt or 10 year lithium battery alarms that have been installed by a third party provider to meet 2022 Legislation without your prior approval. Faulty alarms will be left on site for warranty purposes. This may impact smoke alarm compliance and incur further costs for re-attendance to comply (see pricing schedule).
- SAS recommends installing the same brand of alarm throughout a smoke alarm system. If a third party provider installs multiple brands in a system and all alarms are in date, functional and otherwise compliant, we will note the presence of multiple brands in the Smoke Alarm Compliance Report.
- Repeat visits to a property to rectify any issues with its smoke alarm system that has been upgraded by a third party may incur further costs (see pricing schedule).
What is a “Bedroom”
SAS defines a standard Bedroom as a habitable room that:
- is enclosed by a door;
- has a window or skylight;
- has walls that meet the ceiling; and
- has a built-in wardrobe, where the property has built-in wardrobes.
Garages are not considered “Bedrooms”.
If a tenant subsequently chooses to use another room as a Bedroom (for example a study), this can impact on the compliance of the property and further alarms may be required to be installed at additional cost. SAS will not be liable for a client’s non-compliance with the 2022 Legislation if the tenant chooses to use an additional room as a Bedroom following SAS’ inspection of the property.
If you do not enrol your property under an annual Package you may still place a Work Order for the cleaning and servicing of your smoke alarms or other Additional Services, but we will not attend to any faulty, expired or beeping smoke alarms or install replacement alarms as there are additional charges for these pay-per-service items.
Attending to a property
You authorise us to collect copies of your keys from you or your agent (see below Keys for enrolled properties) and –
- if your enrolled property is a rental property, you authorise us to arrange directly with your tenant to attend at the property;
- if your property is being managed, you authorise us to arrange directly with your agent to attend at the property;
to deliver our Services.
If your property is enrolled in a Package we will notify you (or your agent) by email at least 30 days prior to the due date of the annual visit for an enrolled property and you authorise us to attend at the property on the notified date.
We will only attend a property subject to our property attendance policy and procedures and:
- for properties that are enrolled under a Package upon an annual inspection after sending you the notification described above; or
- if we receive a Service Order via our Solutions Portal or by email, and we accept that Service Order (see Work Orders below).
Our procedures for attending to a property are detailed in our Standard Operating Procedures, which may change from time to time.
You may change the Package under which your property is enrolled in accordance with our Standard Operating Procedures.
Once you choose to change your package:
- a new pro-rated invoice will be issued for the upgraded Package, which is payable within thirty (30) days following the upgrade date; and
- any unused portion of the previous annual Package will be deducted from the new Package invoice.
By changing to a new Package you acknowledge that any existing Packages, benefits, service offerings and fee structures will no longer be valid and the terms of the upgraded Package will apply. A change cancels all offerings and pricing from your current subscription and is replaced with that of the new Package.
Should a property enrolled in a current Package be upgraded to the Home Safe Solutions subscription, the upgrade will occur immediately, with any remaining amount forfeited.
In certain instances changes in our service delivery or relevant legislation may require an automatic change to a new Package. Circumstances in which an automatic upgrade may occur are described in the Standard Operating Procedures. In the event of an automatic upgrade the terms applicable under this section shall apply.
24 Hour Emergency Service
24 Hour Emergency Service - 1300 853 612
We offer a 24 Hour Emergency Service for smoke alarms only, in accordance with our Standard Operating Procedures if you:
- have a current subscription for the Platinum or Ultimate Package; and
- the relevant enrolled property is –
- located within a 50km radius of any of the following General Post Offices:
- Melbourne; or
- located within a 150km radius of the Brisbane General Post Office
- located within a 50km radius of any of the following General Post Offices:
- Eligible agents can access the 24 Hour Emergency Service number for smoke alarms only via the Solutions Portal
Islands that are inaccessible by road are ineligible for the 24/7 service.
SAS will charge a call out fee if the Emergency Service line is used for properties that are not eligible.
SAS will not pay third party call out fees for properties eligible to use the Emergency Service line.
We may change the brand of alarm that we install during emergency visits in the provision of our 24 Hour Emergency Service and we are not liable for any changed costs of the alarm in the event that the price of the changed alarm is different to other brands that may be available but for the emergency circumstances.
Competitor Takeover Service
We provide a Competitor Takeover Service for smoke alarm Subscriptions only whereby we will attend to a property that is enrolled with a competitor of ours immediately before the date of the Takeover, and we will service the property’s smoke alarms until the expiry date stated in the agreement between you and the competitor provider (Takeover Period).
In the event that an alarm or installation is required to be replaced, substituted, installed or removed (including alarms or installations not required for compliance) prior to the end of the Takeover Period you may either:
- bring forward the end of the Takeover Period and upon subscription of the applicable Package fee, you will then be entitled to the inclusions as provided by the nominated Package under an ordinary subscription for that Package; or
- pay for the Service or materials as per our current pricing schedule for Additional Services.
You must terminate the competitor's agreement with you as at the date that we accept the enrolment of the relevant property (commencement of the Takeover Period).
Properties enrolled under our Competitor Takeover Service will be provided with certain Services under the nominated Package from the commencement of the Takeover Period.
You will be charged for any replacement smoke alarms or additional smoke alarms that are required to ensure the smoke alarm and smoke alarm installations are compliant during the Takeover Period, and for any replacement or removal of smoke alarms not required for compliance.
We shall not be liable for any act or omission occurring before the commencement of our engagement, and accordingly, where a property is taken over from a competitor, our responsibility shall commence on the date we accepted your Property Enrolment Form or (if later) the date we receive all of your relevant documentation. Liability for any loss, damage, cost or expense arising directly or indirectly out of the act or omission of any third party (including but not limited to work done by us based on information or advice given to us by a competitor service or by other building inspectors, advisers or experts) is excluded and you indemnify us and hold us harmless in this regard.
Alarms not required for compliance
Regardless of whether our Services are provided under a Package or on a pay-per-service basis, provided that a smoke alarm is functional and within its expiry date then we will service and maintain the smoke alarm under the relevant Service offering.
However, if an alarm is not required for compliance and the alarm is faulty, damaged or expired, we will:
- not service and maintain the smoke alarm, except as otherwise set out in the terms of the specific Service offering; and
- in some circumstances (dependent on the legislation of the relevant State or Territory) we may remove the smoke alarm and notify you of the reason for its removal.
Extra Low Voltage Systems
Generally, we do not work with Low Voltage Smoke Alarm Systems or Low Voltage Smoke Detection Devices (Low Voltage Systems).
- Some properties are fitted with both Low Voltage Systems and standard smoke alarms, in this instance we will service and provide compliance for the standard smoke alarm systems only.
- Low Voltage Smoke Alarm Systems in most instances will require removal by a third party in order to upgrade to a smoke alarm system that complies with 2022 smoke alarm legislation in QLD.
- Properties with Low Voltage Smoke Detection Devices are exempt from the 2022 QLD smoke alarm legislation and are not required to upgrade. In some circumstances, we will install additional standard smoke alarms on request and service those alarms under our standard package.
- In some circumstances we may source an external party to assist in the service requirements of a Low Voltage Detector.
- If we ascertain during our first attendance at the property that Low Voltage Systems are present, we will advise you of this in your compliance report and provide recommendations. You will be billed a once off inspection if you decide to not subscribe to an annual subscription.
Smoke Alarm Services we will not supply
Buildings other than Class 1a and Class 2 (sole occupancy) Buildings
We will generally not provide Smoke Alarm Compliance Services or other Services in respect of buildings classified as any class other than Class 1a or Class 2 (sole occupancy) buildings.
- Buildings are classified under the Building Code of Australia.
- A Class 1a building means a single dwelling property being — (i) a detached house; or (ii) one or more attached dwellings, each being a building, separated by a fire-resisting wall.
- Class 2 (sole occupancy) building means a property containing 2 or more sole-occupancy units each being a separate dwelling.
- We are not a building surveyor, and we do not know the relevant date that a property was built or renovated. You are responsible for informing us of such dates and building types in your property Enrolment Form or Work Order.
- Our trained technicians use reasonable efforts to estimate the build date or renovation date and building classification. If you have not provided the relevant information or the information is incorrect or inaccurate or our technician is of the view that the information is incorrect or inaccurate we may decline to provide a Smoke Alarm Compliance Service and additional charges may apply.
We may choose not to provide Services for an enrolled property in respect of buildings classified or our technician considers as any class other than Class 1a or Class 2 (sole occupancy) Buildings.
- Generally if we choose not to provide Services in such circumstances:
- we will not provide Services for that property;
- you will be charged a call out fee (refer to Schedule).
- we will not issue a Smoke Alarm Compliance Report for that property.
Smoke Alarm Installation, Relocation and Removal Services
We may install, relocate or remove smoke alarms in compliance with the requirements of the relevant legislation.
- In certain circumstances we will provide a rectification report and quote based on the property, such as the number of bedrooms, number of levels, locations of hallways and so on, provided by you, and in accordance with the legislation in the relevant State or Territory.
- If active voltage is detected in the roof due to faulty wiring or foil insulation we may immediately cease our Service and provide a new indicative quote.
- If you choose to use a non-SAS electrician to attend to installation or removal, and you do not provide us with the electrical and smoke alarm compliance certificates from that electrician, we may charge a reinspection fee to ensure that the smoke alarm and smoke alarm installation are compliant. If we find that the work is not compliant to legislation we may give you the option to purchase a rectification report and quote.
- In certain States or Territories it may be necessary to remove, replace, substitute or install a new smoke alarm to comply with legislation that is already law but will only come into force at a later date.
- In Queensland alarms currently installed will need to be upgraded or replaced prior to 2022 if they are not compliant to requirements that will come into force at the start of 2022.
If we determine that a smoke alarm is defective, we will repair or replace the smoke alarm as soon as practically possible subject to gaining access.
- No legal liability is incurred or accepted during the period between determining that a smoke alarm is defective and replacing the smoke alarm and we have no duty or responsibility to take steps other than to notify you and make reasonable efforts to obtain access and replace the defective smoke alarm.
Standard of smoke alarms
We confirm that all of the Smoke Alarms that we install as part of our Services:
- comply with the relevant standards under the applicable Australian Standard AS3786;
- have the Standards Australia Mark or are Scientific Services Laboratory (SSL) certified; and
We will replace faulty, expired, missing or damaged smoke alarms with that of our preferred manufacturer brands and that meet the above description.
Removal of Alarms
In certain States and Territories expired, faulty or damaged smoke alarms or smoke alarm installations are deemed not required for compliance and must be removed from the property and you authorise us to make such removals and disposals accordingly.
Cover plates and Base plates
In certain States and Territories and in certain circumstances cover plates must be used and you authorise us accordingly.
We will have no obligation to make good any reasonable damage caused by the removal, relocation or installation of smoke alarms or smoke alarm installations.
- Where smoke alarm base plates cannot be removed without causing superficial damage (such as when base plates are painted on or they cover damage or holes in ceiling) we will leave the base plate in place, provided that we can install the smoke alarm in another location that is compliant with measurement criteria.
- If we are able to remove smoke alarm base plates and the location is still compliant for the installation of a smoke alarm we will endeavour to re-use or cover the existing screw holes with the new base plate.
- If we cannot re-use or cover the existing screw holes, then the existing screw holes will be filled with gap filler and smoothed over as per our installation and removal policy and procedures.
Smoke Alarm Compliance Services
Smoke Alarm Compliance Services are offered as an inclusion in some of our annual subscription Packages.
We provide Smoke Alarm Compliance Services with regard to smoke alarms and smoke alarm installations in specific types of residential properties and subject to the relevant legislation in each State or Territory.
- Our Smoke Alarm Compliance Services are delivered by our trained electricians and technicians.
- We provide a Smoke Alarm Compliance Report after attending at the property and inspecting the smoke alarms and smoke alarm installations.
- Compliance or non-compliance of smoke alarms and smoke alarm installations at the enrolled property is dependent on various factors including the relevant legislative requirements for smoke alarms and smoke alarm installations for the Building Class in force on the inspection date in the State or Territory where the enrolled property is situated.
If the smoke alarms and smoke alarm installations at the enrolled property (or any of them) do not comply we will, subject to the terms of the relevant Package (if applicable):
- notify you or your agent;
- rectify the non-compliant smoke alarm or smoke alarm installation (including missing smoke alarms) during the inspection;
- arrange a time for one of our qualified electricians to return and rectify the non-compliant smoke alarm or smoke alarm installation (including missing smoke alarms) at no fee for the return call;
- provide an indicative quote for approval and return call to rectify the non-compliant smoke alarm or smoke alarm installation, including installing missing smoke alarms required for compliance (rectification report).
Installation, removal or relocation of smoke alarms to meet compliance requirements may incur additional charges dependant on the type of Package subscribed for the property. Additional fees could include a call out fee, charges per new smoke alarm supplied, a rectification report, charges per new smoke alarm installed or a smoke alarm relocation fee.
If a Smoke Alarm Compliance Service is included as part of the Package subscribed for the property we are only obliged to provide the Smoke Alarm Compliance Service once a year during the annual period (a Package annual compliance report).
- If you require additional Smoke Alarm Compliance Services, then additional pay-per-service fees are applicable.
- This can occur during the annual period of a Package if, for example:
- a third party electrician is engaged by you to upgrade smoke alarms and smoke alarm installations while the property is subscribed for a Package. In such a case we will not inspect the property or provide a compliance report as part of the Package annual compliance report Smoke Alarm Compliance Services.
- your Package is provided under the Competitor Takeover Service.
- the information in your Property Enrolment Form or Work Order is incorrect or inaccurate.
- in certain instances when dealing with not required for compliance smoke alarms or smoke alarm installations.
What is a Smoke Alarm Compliance Report?
Our Smoke Alarm Compliance Reports certify compliance or non-compliance of the smoke alarms and smoke alarm installations at the enrolled property with the legislative requirements for smoke alarms and smoke alarm installations for the building classification of the building on the property in force on the inspection date in the State or Territory where the enrolled property is situated.
- If applicable and an electrical contractor license number appears on the face of our Smoke Alarm Compliance Report, the Report also certifies that insofar as the relevant smoke alarm installations and smoke alarms are electrical installations or electrical equipment and their installation, removal, repair, inspection or testing are electrical work as defined in the relevant legislation, at the enrolled property and on the inspection date:
- such electrical installation, to the extent that it is affected by the electrical work, has been tested to ensure it is electrically safe and is in accordance with the requirements of the wiring rules and any other standard applying to the electrical installation under the legislative requirements; and
- such electrical equipment, to the extent it is affected by the electrical work, is electrically safe in terms of the legislative requirements.
- We are not a building surveyor, and we do not know the relevant date that a property was built or renovated. You are responsible for informing us of such dates and building types in your Property Enrolment Form or Work Order.
- Our trained technicians use reasonable efforts to estimate the build date or renovation date and building classification. If you have not provided the relevant information or the information is incorrect or inaccurate or our technician is of the view that the information is incorrect or inaccurate we may decline to provide a Smoke Alarm Compliance Service and additional charges may apply.
- A Smoke Alarm Compliance Report is an opinion expressed by us based on our understanding of your instructions and information you provide at the date of the inspection and our inspection of the enrolled property, training and experience in doing similar work in assumed similar circumstances. As such, and because we are not aware of and could not have considered one or more of your specific objectives, financial situation, particular circumstances or subsequent legal needs at the date of the inspection, the Smoke Alarm Compliance Report does not constitute legal or professional advice, or an expression of a legal or professional opinion with regard to the relevant legislative requirements for smoke alarms and smoke alarm installations for the Building Class in force on the inspection date in the State or Territory where the enrolled property is situated. The Smoke Alarm Compliance Report is provided in order that you may make an informed decision in choosing to take steps to ensure your smoke alarm and smoke alarm installations are compliant and the future maintenance and compliance of your smoke alarm and smoke alarm installations.
What a Smoke Alarm Compliance Report is not
Smoke Alarm Compliance Reports are not a building compliance certificate.
- We are not a building certifier.
- Building compliance certificates relate to compliance with building plans and approvals granted by local, state and federal governments under various Building Acts and related construction and renovation requirements.
- Building certificates, and other types of certificates relating to construction and renovation safety (including automated fire suppression systems), issued by building certifiers, or other safety officials, refer to different points in time and different regulations.
- A building certificate issued at the end of construction, for example, may certify compliance with a building approval.
- The building approval may have been granted prior to a change in standards or regulations for smoke alarms and the installation of smoke alarms.
- The approval or the building certificate, or other such certificates, may have been granted or issued during a grace period allowed by legislation to ensure the orderly implementation of a new standard or regulation.
- A building compliance certificate, or other construction or renovation safety certificate, does not necessarily mean that the smoke alarms and smoke alarm installations are compliant with the standards and regulations for smoke alarms and smoke alarm installations in force in the State or Territory where the enrolled property is situated.
- Similarly, a report indicating that the smoke alarms or smoke alarm installations are not compliant does not necessarily mean that a building compliance certificate, or other such certificate, is not valid.
- Please check with your building certifier or other safety officials with regard to the compliance requirements for your building or property, and the relevant dates, and exemptions or exceptions you may be entitled to under their governing laws and regulations.
Qualified Compliance Reports
In certain instances there may be legislation that is current, but stipulates the introduction of new compliance requirements that will come into force at a later date.
These requirements may be phased in over time and the legislation may allow a grace period or periods to facilitate the introduction of the new compliance requirements.
Owing to changes in legislation (including legislation other than the various Building Acts) subsequent to the build date certain smoke alarms and smoke alarm installations already installed may become not required for compliance, and certain new smoke alarms and smoke alarm installations may become required for compliance.
In these circumstances the Smoke Alarm Compliance Report may indicate certain changes or steps to be taken to ensure future compliance.
What we don’t comply
As noted above Smoke Alarm Compliance Services may not be provided for buildings classified as any class other than Class 1a or Class 2 (sole occupancy).
A rectification report or work carried out as suggested by a rectification report is not a Smoke Alarm Compliance Report.
Pool Compliance Service
In certain areas in Queensland we provide Pool Compliance Services. This is a pay-per-service Additional Service and is not included in any of our annual subscription Packages.
Pool Compliance Services are provided for certain shared and non-shared swimming pools.
Only a pool safety inspector licensed by QBCC can issue a pool safety certificate.
Pool safety certificates are valid:
- for 2 years from date of issue in respect of non-shared pools;
- for 1 year from date of issue in respect of shared pools.
If the pool safety inspector is not satisfied a pool is compliant, a ‘Form 26 – Pool safety non- conformity notice’ will be issued, together with details of the work needed to be make it comply.
Once this work is carried out, a pool barrier re-inspection is required. Additional fees and charges may be payable to third parties for any compliance work done and any required re-inspection by SAS.
Blind Cord Compliance Service
Blind Cord Compliance Services are offered as an inclusion in our annual subscription Packages.
Federal law requires corded blinds and blind cords in properties to comply with the Trade Practices (Consumer Product Safety Standard – Corded Internal Window Coverings) Regulations 2010 (Cth) (Blind Cord Regulations) and the Competition and Consumer Corded Internal Window Coverings Safety Standard 2014 (Cth) (Blind Cord Standard).
The installation dates, number and location of the corded blinds and in the property must be stated in the relevant Work Order.
We will attend at the enrolled property and inspect the corded blinds.
- If the corded blind was installed in 2010 or later, and the corded blind is not compliant with the Blind Cord Regulations or the Blind Cord Standard we may –
- take steps to make the installed corded blind compliant with the Blind Cord Regulations and the Blind Cord Standard, including the installation of up to four (4) devices as follows:
- cord guides
- other tensioning devices
- warning labels
- The Blind Cord Regulations require the use of these devices to ensure the occupant(s) of the relevant property can take the necessary steps to tie-off the blind cord to achieve the required safety standard.
- A failure by the occupant(s) to carry out these steps, or incorrect use of the cord or corded blind or a deficiency in the cord or deficiency in the corded blind does not create, and to the fullest extent of the law we do not accept, any liability for damage, injury or death caused by such failures or deficiencies or otherwise.
- take steps to make the installed corded blind compliant with the Blind Cord Regulations and the Blind Cord Standard, including the installation of up to four (4) devices as follows:
- If a corded blind was installed prior to 2010 the Blind Cord Regulations and the Blind Cord Standard is not applicable and we will not replace or repair corded blinds installed prior to 2010.
- A failure by you to repair or replace a corded blind, or incorrect use of a cord or corded blind or a deficiency in a cord or deficiency in a corded blind does not create, and to the fullest extent of the law we do not accept, any liability for damage, injury or death caused by such failures or deficiencies or otherwise.
Safety Switch Testing Service
Safety Switch Testing Services are offered as an inclusion in some of our annual subscription Packages.
We carry out a safety switch function test (Safety Switch Testing) when requested in a Work Order and in conjunction with a scheduled smoke alarm inspection in accordance with the relevant Package.
We conduct Safety Switch Testing by pressing the ‘T' or 'Test' button located on the safety switch.
If the safety switch flicks off and cuts the power, we turn the safety switch back on, and confirm the power is restored.
- We do not check to determine which lights or appliances or power sockets are protected by the safety switch.
- We do not check the time it takes for the safety switch to turn off the power.
To the maximum extent permitted by law, we do not accept any liability if a safety switch does not function fully (turning off within its stipulated time-frame or not turning power back on when reset), whether before, during, or after the Safety Switch Testing. We will notify you of a faulty Safety Switch if it does not pass the Safety Switch Testing and it is your responsibility to attend to it by having it repaired or replaced.
We will not carry out Safety Switch Testing in an instance where we are attending to a faulty or beeping alarm, nor will we attend a property to carry out Safety Switch Testing as a separate or individual service.
When we carry out Safety Switch Testing, we endeavour to ensure that all individuals in the premises are aware of the testing. In particular, we endeavour to ensure individuals at the property are aware that if they are using an electrical device it may be interrupted by the testing process.
- For rental properties, prior to a smoke alarm inspection we will provide notice of entry to a tenant that advises of our attendance and intention to perform Safety Switch Testing (if applicable).
- It is your or the tenant’s responsibility to unplug devices at the property prior to our attendance.
We accept no liability for loss or damages incurred during Safety Switch Testing.
Water Meter Services
Water Meter Reading Services are offered as an inclusion in some of our annual subscription Packages.
This Service is delivered by one of our technicians if the technician can locate the water meter at the enrolled property. Our technician will record the current meter reading in terms of our Standard Operating Procedures (Water Meter Service).
The location of water meter must be stated in the relevant Work Order. We make all reasonable efforts to locate water meters as described in the relevant Work Order. However, if our technician cannot locate a water meter upon our first visit to the property, we will have delivered the Water Meter Service, but will not return to record the water meter as it is not in the location stated in the Work Order.
This Water Meter Service is only available during:
- our initial inspections for new enrolled properties;
- our inspections for new or renewed leases.
Smoke Alarm Solutions is not liable for any claims relating to water usage in connection with the Water Meter Services.
Home Safe Solutions
Available for properties with Victorian postcodes only.
The Home Safe Solutions Service will usually be carried out within business hours (Monday to Friday; 8.30am to 5:00 pm).
Smoke Alarm Solutions provides the Home Safe Solutions Service in order to assist landlords of Victorian properties to meet the smoke alarm, electrical and gas safety requirements, as set out in the Residential Tenancies Amendment Act 2018.
Under our Home Safe Solutions Service, we offer a Smoke Alarm Safety Inspection every year as well as an Electrical Safety Inspection and/or a Gas Safety Inspection every two years. All services will be carried out in the first year of enrolment. Smoke Alarm Safety Inspections will continue to be carried out every year providing the Subscription remains active. An electrical Safety Inspection and/or a Gas Safety Inspection will be carried out every second year thereafter the initial inspection.
Smoke Alarm Safety Inspection
Under our Home Safe Solutions Service, a Smoke Alarm Safety Inspection is carried out annually as per the Smoke Alarm Solutions Platinum Subscription which can be located here and as per Smoke Alarm Compliance Services above.
Electrical Safety Inspection
Under our Home Safe Solution Service, an Electrical Safety Inspection will be carried out in respect of all electrical installations, electrical fittings and all electrical appliances once every two years delivered by or under the supervision of a qualified electrician, who may be contracted by Smoke Alarm Solutions, as per the checks described in the Residential Tenancies Regulations 2021. An electrical safety and compliance check will be carried out in the initial year of the Home Safe Solutions Service and every second year thereafter providing the Subscription remains active. At the initial inspection, we will carry out an electrical safety and compliance check as per section 4 of AS/NZS 3019 and will include:
1. Switchboard tests - a thorough switchboard inspection including an RCD/safety switch test.
2. Power point tests - earth loop and polarity tests of all accessible power point.
3. Electrical appliance inspection - a thorough inspection of all listed landlord provided electrical appliances, checking for damage to plugs, leads and casing.
4. Replacement of faulty items - replacement of faulty or damaged safety switches, circuit breakers and standard (as determined by Smoke Alarm Solutions) light switches and power points limited to:
- up to 1 damaged safety switch; and/or
- up to 2 circuit breakers; and/or
- up to 4 single or double gang standard power points; and/or
- up to 4 standard light switches
5. Safety check of the switchboard and each listed landlord supplied electrical appliance, including a comprehensive compliance check of the property against the Australian Standard.
6. Comprehensive Warranty - 12-month service warranty on any repaired and replaced electrical fittings.
7. Safety and Compliance Report - an Electrical Safety and Compliance Report provided following completion of each inspection.
This Electrical Safety Inspection will involve a visual inspection and test of relevant items, installed and accessible at the time of the inspection. Smoke Alarm Solutions and their contractors cannot be held liable for any change in condition of that equipment, any loss or damage, including for consequential loss, arising from any defect or condition not noted at time of inspection nor for any failure to inspect, identify or advise you of any defect or failure other than those specifically noted on the report including liability arising from inaccessibility, oversight or negligence. The Electrical Safety Inspection report will be provided to the agent or landlord who requested the service. Any liability to any third party to whom it is provided, is specifically excluded including for negligence.
Reference to electrical appliance means a hardwired electrical appliance supplied by the landlord or home owner at the property and expressly excludes solar installations and any appliance supplied by a tenant residing at your property, and includes (but may not be limited to):
- Electric oven
- Electric hot plates
- Electric hot water units
- Electric range hoods
- Fixed electric heaters
- Electric air-conditioners
Electrical installations, fittings and appliances must be accessible to be included in the Service. Accessible means that the installations, fitting, or electrical appliance is not under the house, in the roof, on the roof or obscured by items that cannot be moved due to weight, risk of damage to floor or surfaces, hard wired (e.g., ovens) or above a certain height. Where the installation, fitting or appliance is inaccessible, the Scheduled Electrical Service will not be provided in respect of that installation, fitting, or appliance.
For each Property enrolled in the Home Safe Solution Service with a fully paid service, Smoke Alarm Solutions will reattend the enrolled property up to one additional time (other than initial inspection) for free within the 24 month service period, for any electrical safety issue(s) relating to an electrical appliance initially checked as part of the Service, including switchboard, power point or switch faults (but excluding general faults in electrical appliances, lighting and in all inaccessible electrical fittings or fixtures) and replacement of faulty or damaged safety switches, standard light switches, standard power points and circuit breakers (but excluding globe replacement). We are not liable to replace or repair any item which has been damaged by tenant or property occupant following our initial repair/replacement. At this complimentary reinspection, we will replace faulty items, limited to:
- up to 1 damaged safety switch; and/or
- up to 2 circuit breakers; and/or
- up to 4 standard single or double gang power points; and/or
- up to 4 standard single or double gang light switches
If a Property’s service is terminated, the above Extended Services are null and void.
If we are asked to attend in addition to the one free return visit as specified above, we will charge a call-out fee plus materials as per the attached Pricing.
If we identify additional electrical items requiring replacement in order to comply with legislation, which are over and above the free inclusions, they will be charged at the following rates, which can be found here, up to a total value of $100. If total value of replacement exceeds $100, authorisation for approval will be sought from real estate agent. If approval can not be obtained whilst onsite, an additional call out fee at our hourly rate will be charged, which can be found here.
Gas Safety Inspection
Gas Safety Inspections will be carried out by the following third party, on behalf of Smoke Alarm Solutions.
Company Name – Checkmate Compliance Management Pty Ltd
ACN – 164815374
ABN – 95164815374
Company Address - Factory 4/4 Norwest Ave, Laverton North 3026
A Gas Safety Inspection will be carried out in the initial year of service and every second year thereafter, providing the Subscription remains active. This includes a full service, maintenance check and where applicable a safety and spillage check with a carbon monoxide analyser and negative pressure test.
A Gas Safety and Compliance Report and Negative Pressure and CO Spillage report (if applicable to the appliances) will be issued after each Scheduled Gas Service is completed.
Activities carried out every second year are as follows:
- A leak and pressure retention test on the main gas line – including recording of appliance burner pressures where test points deemed accessible.
- Negative pressure test – to test for negative pressure that ensures carbon monoxide isn’t being drawn into living spaces via flue or chimney – for open flues type appliances only, as required.
- Carbon monoxide spillage test - a carbon monoxide spillage test on all gas heating appliances and internal hot water systems according to the rigorous standards set by Energy Safe Victoria – including CO Tests for ducted heating units.
- Replacement of faulty items – replacement of up to four faulty or damaged thermocouples and four protective coating of synthetic pipework
- Check of the property against the Australian Standards. Provide advice and/or a quote for rectification works if required.
- Comprehensive service warranty - 12-month warranty on any serviced appliances.
- Safety and Compliance Report – a Gas Safety and Compliance Report will be provided in accordance with 221ZH Building ACT 19913 after gas rectification works are completed. This provides insurance for the client/consumer against defective workmanship for a period of 6 years. It does not cover warranty on materials or the appliance serviced in question. That is as per the manufacturer’s details.
Reference to gas appliance means a gas appliance supplied by the landlord or (and expressly excludes any appliance supplied by a tenant residing at the property), and includes (but may not be limited to):
- ducted heating cupboard
- Ducted Heating External
- Ducted Heating Roof
- Free Standing Oven
- Gas Log Fire
- Gas Potbelly
- Hot Water Continuous flow (External)
- Hot Water Continuous flow (Internal)
- Hot Water Storage Tank (External)
- Hot Water Storage Tank (Internal)
- Room sealed instantaneous hot water
- Solar Hot Water
- Space Heater
- Space Heater Room Sealed
- Wall Furnace
- Wall furnace power flue
- Wall Oven
- Hydronic Heating
- Pool heating
- Main pressure BBQ
Gas installations, fittings and Appliances must be accessible in order to be included in the Service. Accessible means that the gas installations, fitting, or appliance is not under the house, in the roof, on the roof or obscured by items that cannot be moved due to weight, risk of damage to floor or surfaces, hard wired (e.g., ovens) or above a certain height. Where the installation, fitting or appliance is inaccessible, the Scheduled Gas Service will not be provided in respect of that installation, fitting, or appliance.
Appliances that are deemed inaccessible as per the above will be noted and recorded to the best of our ability. CO testing will still be provided and recorded at accessible outlets of ducted heaters as per requirements.
Please note, if we identify a gas appliance fault, we may need to turn off gas supply to the property in order to rectify issue or fault.
In the event of gas having to be turned off to the property we will required to inform Environmental Services Victoria. (ESV)
Additional Gas Services
For each Property enrolled in the Home Safe Solution Service with a fully paid service, Smoke Alarm Solutions will reattend the enrolled property up to one additional time (other than initial inspection) for free within the 24 month service period, for any gas safety issue(s) relating to an gas appliance initially checked as part of the Service. We are not liable to replace or repair any item which has been damaged by tenant or property occupant following our initial service/repair/replacement or if owner has not rectified a fault identified at initial inspection. At this complimentary visit, we will replace faulty items, limited to:
- up to 4 faulty or damaged thermocouples; and/or
- up to 2 protective coatings of synthetic pipework.
If a Property’s service is terminated, the above Additional Services are null and void.
If we are asked to attend in addition to the one free return visit as specified above, we will charge a call-out fee of $120 plus materials.
Additional Service Offering
Filter Cleaning of appliance filters of dust and debris during the inspection process.
Removal of appliance filters and clean built-up dust and fluff from filters on space and wall heaters.
Clean and clear debris and foreign materials from hot water services.
A $10 per appliance fee will apply if requested by the agent prior to the inspection being conducted.
Terms applicable to all Services and Materials
Basis on which Fees and Expenses are calculated and invoiced
Fees we charge for Packages and Additional Services are for your account and may exclude time and material and other expenses. These Packages and Additional Services fees are described in the Pricing Schedule.
Packages are charged on a subscription basis:
- your Package subscription will continue annually until cancelled;
- the fees for the Package are due annually in advance;
- you can choose to pay via Direct Debit Request;
- you can choose to pay via the Credit Card nominated on your Property Enrolment Form.
Fees for Additional Services are charged on a pay-per-service basis.
Expenses: time and materials
Fees we charge for time and material and other expenses, including call out charges and compliance reports not included in a Package, are for your account and may be excluded from fees charged for the Packages or Additional Services.
If you choose a Package the fees for that Package are due in full before the Services commence. Our Property Enrolment Forms may contain additional terms or requirements, which shall apply as though incorporated in this document.
If you choose an Additional Service by submitting a Work Order, and that Additional Service is not part of a Package that you have subscribed for the relevant property, then you may be required to pay the fees for that Additional Service in full before we are obliged to deliver the Service. If you have subscribed for a Package and you have selected a Direct Debit or Credit Card option, Additional Services charges will be settled through the selected Direct Debit or Credit Card option on your property Enrolment Form.
Pay-per-service, expenses and other charges
We shall submit to you from time to time invoices describing the expenses and other charges, the dates on which the expenses or other charges were incurred and the amount of the expenses or other charges incurred and you will pay us the amount due as indicated by such invoices. If you have subscribed for a Package and you have selected a Direct Debit or Credit Card option, the expenses or other charges will be settled through the selected Direct Debit or Credit Card option on your property Enrolment Form. Credit Cards cannot be used for direct debt payment.
Invoices are immediately due and are payable within 30 days of issue and you will pay us the amount due as indicated by such invoices.
You may opt to receive your subscription invoice following your annual property inspection.
Our invoices may contain additional terms or requirements, which shall apply as though incorporated in this document.
Risk and Ownership
In relation to all products, materials and Services, such as smoke alarms and smoke alarm installations, supplied by us, risk and title in the products, materials and Services will pass to you immediately on the earlier of:
- payment in full for the product or material or service as per our invoice to you; or
- upon delivery of the products or materials or services to you at the enrolled property.
Any products, materials or Services supplied by us are subject to the manufacturer’s warranty or Australian Consumer Law (as the case may be) only. We do not accept any risk or liability for natural disaster type events, such as river floods or bush fires or lightning strikes, caused by natural elements or force majeure type events, such as sluice gate flooding, burst water pipes, power surges or disruptions, riots, civil disturbances, or political actions (together fortuitous cause). In the event that any product, material or Service supplied by us is destroyed, damaged or disrupted by a fortuitous cause we may in our discretion suspend this agreement and we will not, in any event, be liable to replace or repair or re-supply a product, material or Service under this agreement or at all and we accept no liability for any damage, injury or death caused by failures or deficiencies arising from such suspension or fortuitous cause.
In relation to all products, materials and services supplied by our venture partners or preferred providers, such as meth testing or energy services, our responsibility is limited to products, materials and services supplied by us only and no liability of any kind applies to us in respect of products, materials and services supplied by a venture partner or preferred provider.
In the event that products or Services supplied by us in terms of this agreement do not conform to the warranties as stated above, in addition to any rights under the Australian Consumer Law, we will, at our election, provide a refund.
Failure to pay
If you fail to make a subscription payment for a Package we may suspend our Service delivery to you.
Upon failure to make a payment:
- we will have no obligation or duty to provide Services or attend to your property or incur such expense until receipt and will not breach any duty or incur any liability as a result; and
- the Work Orders – Work Orders On-Hold will apply.
Failure to pay an invoice
If you fail to pay an invoice, whether for a Package, a pay-per-service fee, any expense or otherwise, we may suspend all our Service deliveries to you.
Interest on unpaid accounts
If a Package invoice remains unpaid more than 30 days after it is issued, we may charge you interest on the amount of the unpaid invoice. Interest may be charged on any other unpaid invoice from the day after the invoice is issued.
Except for the Services provided automatically under a Package (such as annual maintenance, if applicable), we will provide Services only in accordance with a Work Order sent by you (or your agent) and accepted by us. Our Work Order forms may contain additional terms or requirements, which shall apply as though incorporated in this document.
Work Orders On-Hold
If your account is not paid up to date, including if you have subscribed for a Package but have not paid according to this agreement, we may place any and all of your current Work Orders or any and all new Work Orders we may receive from you on-hold.
We may also put Work Orders on-hold if:
- you breach this agreement;
- if your instructions, information, documentation, approvals, or authorisations have not been provided in accordance with this agreement;
- you have not taken steps we have reasonably advised you to take to ensure that your smoke alarms and smoke alarm installations are compliant with the relevant legislation.
If a Work Order is on-hold then notwithstanding the submission date or due date on your Work Order, that Work Order will not be accepted but will be registered as 'on-hold'. We will notify you (or your agent) that your Work Order has been put on-hold, and the reason for that hold.
- It is particularly important to take note that Work Orders on-hold conditions also apply to any lease notifications (new or renewals) that may be included in your Work Order, as a failure to obtain and provide a tenant with a smoke alarm compliance certificate prior to the commencement of a lease in accordance with relevant legislation in certain States and Territories is an offence.
- We will not be liable for any penalties or costs or consequences for failure to produce the documentation on the due date if your Work Order is on-hold or if your instructions, information, documentation, approvals, or payments have not been provided in accordance with this agreement and we will have no duty and will not breach this agreement while a Work Order is on-hold.
When you have remedied the reason for Work Orders being on-hold to our satisfaction:
- we will accept your Work Order and remove it from being on-hold;
- the submission date of your Work Order will be the date on which we remove your Work Order from being on-hold;
- any due date that may still be applicable will be adjusted to become –
- a due date not less than seven days from the new submission date; or
- the number of days after submission stipulated on the Work Order, but calculated from the new submission date;
- Service delivery will otherwise resume in accordance with this agreement.
Your other obligations
You must provide your agent's contact details to us in writing by filling in the details of your agent on your Property Enrolment Form.
- You hereby authorise the agent whose contact details you fill in on your property Enrolment Form to provide instructions to us regarding the delivery of Services to you and for your account.
Sale of Property
If you intend selling an enrolled property you must notify us of your intention.
- The sale of an enrolled property terminates this agreement automatically on the date that is one day before the sale contract is executed, regardless of whether you notify us. Such termination is deemed a termination by you without cause and if your property was being managed by your agent, then the notice of your intention to sell or the sale contract is deemed to be a notice by your agent that your property is no longer managed by that agent as at the date that is one day before the sale contract is executed.
- It is particularly important to take note that this agreement automatically terminates on the date that is one day before the sale contract is executed as a failure to obtain and provide a purchaser of a property with a smoke alarm compliance certificate prior to or upon the execution of a sale contract in accordance with relevant legislation in certain States and Territories may be an offence, and may diminish the sale price or otherwise entitle the purchaser to avoid the sale contract.
- A Smoke Alarm Compliance Report not issued specifically for the purposes of the sale of the enrolled property cannot be used for the purposes of a sale.
- We will not be liable for any penalties or costs or consequences for failure to produce any documentation after this agreement terminates or if your instructions, information, documentation, approvals, or payments have not been provided in accordance with this agreement and we will have no duty and will not breach this agreement.
You will comply with all applicable laws and standards in respect of the enrolled property.
Any lease applicable to an enrolled property is valid and in force and you are entitled and authorised to permit our entry on to and into the enrolled property in accordance with this agreement.
Legal personalities and representatives
Your obligations under this agreement are unless otherwise stipulated in this agreement personal to you, regardless of any relationship that may exist between you and any of your agents or associates or insurers or third parties.
If you are a legal entity (such as a company or trust) or you are represented by someone (such as an agent or property manager) then:
- you and the person who completes your Property Enrolment Form are each bound by the terms of this agreement as if you personally completed the property Enrolment Form and agreed to use our Services; and
- you each warrant that you and your respective representative are duly authorised to engage our Services; and
- your respective representatives (be they directors, officers, trustees, agents, attorneys or otherwise may reasonably be assumed to represent you) will abide this agreement; and
- if your respective representatives (or any one of them) cause or arrange or otherwise do or not do something that results in or causes you to breach the terms of this agreement or otherwise fail your obligations, then the representative who is responsible for such failure will be personally responsible to us for any loss or harm we may suffer; and
- you agree that you and the person who completes this Property Enrolment Form will on our request obtain written confirmation of this in a form acceptable to us from each of your respective representatives (or any one of them as we may request).
Information and documentation
You will provide us with all necessary information for us to effectively and efficiently supply our Services, and any products or materials, including without limitation notifying us of any changes to the information already provided to us.
We will endeavour to ensure that Services are delivered and any relevant documentation is provided by the due dates, provided all the information, approvals, comments, instructions, fees and Work Orders are received sufficiently long enough prior to the due dates to allow us adequate time for Service delivery and production of the documentation. We will not be liable for any penalties or costs or consequences for failure to deliver Services or produce documentation on due date if your instructions, information, documentation, approvals, or payments have not been provided in accordance with this agreement, and you acknowledge that:
- we rely on the information provided by you or your agents and it is not our responsibility to verify or ensure that the information provided is correct;
- you indemnify and keep us indemnified against any and all claims suffered or incurred arising out of you or your agents providing us with inaccurate or misleading information.
- any errors relating to dates, tenant details, details of the enrolled property, addresses provided, access to the property or information otherwise provided by you or your agents may incur additional charges and may cause delay in the delivery and completion of the Services; and
- we are not liable for any loss, damages, costs or claim resulting from such a delay or any incident which occurs at the property prior to our attendance at the property arising during such delay.
- unless otherwise agreed in writing, we accept no responsibility for any losses resulting from the use of documents (including any Smoke Alarm Compliance Reports) otherwise than in the form supplied by us or in any circumstances other than those for which they were prepared.
Keys for enrolled properties
We take possession of and utilise the keys for the enrolled properties in delivering our Services, including collecting information with respect to their location and for what property the keys may be utilised.
You authorise us and our technicians and representatives to collect the Key Information, take possession of the keys and access the relevant property from time to time, provided that we return the keys to the place from which they were collected. We do not accept any responsibility or liability for any damage arising from the use or loss of keys prior to keys being collected or following the return of keys to you by our technicians or representatives, or the use of the Key Information or keys by our technicians or representatives in accordance with this agreement.
Governing law and jurisdiction
This agreement is governed by the laws of Queensland.
Each of us irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland, and any courts that have jurisdiction to hear appeals from any of those courts, in respect of any proceedings in connection with this agreement.
Each of us waives any right it has to object to an action being brought in the courts of Queensland including by claiming that the action has been brought in an inconvenient forum or that those courts do not have jurisdiction.
Severability, conflicts and amendments
If any part of this agreement is unenforceable, illegal or void then it is severed and the rest of this agreement remains in force. The rules of construction that a contract will be interpreted against the party responsible for the drafting or preparation of the contract or that a clause will be construed against the party who holds the benefit of that clause, does not apply.
If there is a conflict between this document and an invoice, Work Order, App terms, website usage terms or other document issued by us, then to the extent of the conflict the terms of the document issued by us shall apply.
No extension of time or waiver or relaxation of any of the provisions or terms of this agreement other document issued or executed pursuant to or in terms of this agreement shall operate as an estoppel against either you or us in respect of rights under this agreement, nor shall it operate so as to preclude either you or us thereafter from exercising rights strictly in accordance with this agreement.
You and we agree that neither of us may disclose any confidential information to any other person except where the disclosure is:
- to any of its agents or related bodies corporate in respect of Services in connection with this agreement;
- in connection with any proceedings arising out of or in connection with this agreement;
- required by an order of a court of competent jurisdiction whether in pursuance of any procedure for discovering documents or otherwise;
- pursuant to any law or regulation or requirement of any Governmental Agency in accordance with which that party is required or accustomed to act;
- to any governmental, banking or taxation authority of competent jurisdiction;
- required in connection with the bona fide enforcement or protection of rights under this agreement;
- in connection with any other entity or person that the parties in their reasonable discretion, believe has a need to know or evaluate such information, provided such person has agreed in writing to the confidentiality restrictions contained in this clause; and
- as otherwise agreed in writing between you and we.
Information collection and use
The Privacy Act 1988 is an Australian law which regulates the handling of personal information about individuals. In accordance with our obligations under the law, we disclose that we collect information, including personal and sensitive information, in order to provide the services, to conduct and market our business, and to meet our legal obligations.
In this context 'personal information' is information or an opinion relating to an individual which can be used to identify that individual and ‘sensitive information’ includes: information relating to a person's racial or ethnic origin, political opinions, religion, trade union or other professional or trade association memberships, sexual preferences, experiences with legal matters (such as trials and criminal records) and legal status.
Like other means of communication, fax and electronic mail and Short Message Services and other electronic messaging services (together electronic communication) carries with it the risk of inadvertent misdirection, security breaches or non-delivery of confidential or personal material. In particular, you recognize that the Internet and electronic mail are not secure and there are risks if legally or commercially or personally sensitive information is sent either to or by you using electronic communication. Where you provide us with an electronic communication address or number to which materials are to be sent or to be used for any communication or you use or continue to use any electronic communication in dealing with us you agree (unless you notify us in writing to the contrary prior to using our Services) and undertake that:
- you consent to the use of electronic communication;
- a communication from an electronic communication address or number that you provided to us or that we established for you indicates your intention in respect of the information communicated thereby as though you had signed the communication at the date and time we read it and we may rely on this whether or not you actually originated the communication and you indemnify us for all loss or harm we may suffer in acting in connection with this agreement in good faith on online, email or telephone directions purporting to originate from your or your agents offices;
- an electronic communication address or number that you provided to us or that we established for you is your address for service hereunder and any communication by us to such address shall be delivered to you at the date and time we sent it and we may rely on this regardless of when you actually receive or read the communication;
- your arrangements and conduct, including with regard to your identity, passwords and electronic information management, are sufficiently secure and confidential to protect your interests and we are not obliged to take steps to verify or confirm electronic communications and whether we take such steps or not we will have no duty or liability as a result of an electronic communication that does not originate from us or originates from us in reliance on an electronic communication from you or anyone else; and
- you will carry out effective procedures and conduct yourself to protect the integrity of electronic communications, in particular limiting access to your electronic communications devices and accounts, screening for viruses and carrying out back-ups and other security processes.
Limitations on Liability
To the fullest extent permissible under the law, you acknowledge and agree that any liability for any loss, damage, costs and expenses suffered or incurred by you arising as a result of the provision or non-provision of the Services whether under the law of contract, tort, consumer protection or otherwise is the liability of the company, SAS, only and you undertake that you will in no circumstances bring or allow to be brought any action in respect of any loss, damage, costs or expenses, whether arising under the law of contract, tort, consumer protection or otherwise, against any of our principals, directors, partners, agents, consultants or subcontractors or any of their respective staff, principals, partners, directors, agents, consultants or sub-contractors.
Insofar as the law permits liability of the company, SAS, or such liability extends to any principals, directors, partners, employees, staff or consultants (as the case may be), liability for any losses and damages arising in respect of the Services whether under the law of contract, tort, consumer protection or otherwise, as affirmed by a final judgment, shall in no circumstances exceed the amount of fees actually paid by you to us for the Services.
To the fullest extent permissible under the law, this part of the agreement sets out the absolute limit of our liability under or in connection with our Services whether under the law of contract, tort, consumer protection or otherwise and all other liability is expressly excluded. In particular, but without limitation, liability for penalties, fines, increased costs or expenses, foregone business opportunities, loss of profits, direct loss or liability arising in the ordinary course of or arising out of the performance or non-performance of the services and indirect loss at a step removed from the performance or non-performance of the services or consequential loss arising out of the performance or non-performance of the services including, without limitation, economic loss or failure to realise anticipated savings or benefits, are excluded.
We do not give any warranty nor accept any liability in relation to the performance or non-performance of the Services except to the extent, if any, required by law or specifically provided for in this agreement. If apart from this clause any warranty would be implied whether by law, custom or otherwise, that warranty is to the full extent permitted by law hereby excluded.
We are deemed to have been discharged from all liability in respect of or arising from the Services, whether under the law of contract, tort, consumer protection or otherwise, at the expiration of one year from the termination of this agreement or completion of the Services (whichever is the earlier) and, in any event, you (and persons claiming through or under you) undertake not to commence any action or claim whatsoever against us (and principals, directors, partners, agents, consultants or subcontractors or any of their respective staff, principals, partners, directors, agents, consultants or sub-contractors of the firm) in respect of the Services after that date.
We shall not be liable for any loss, damage, costs or expenses arising in any way from any failure by you to act in accordance with our reasonable advice, incorrect information or improper instructions from you, fraudulent, wilful or mistaken acts or omissions, misrepresentations or default on your part or such acts, omissions, misrepresentations or defaults by your directors, partners, principals, employees, agents, consultants or sub-contractors (as the case may be) and insofar as we incur any costs or suffer any damage or harm in consequence of such a failure, we shall have the right to recover such costs from you and you indemnify and hold us harmless from all damage in this regard.
Nothing herein contained shall be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of Services pursuant to this agreement of all or any of the provisions of any relevant consumer protection Federal Acts or State Acts or Territorial Ordinances which by law cannot be excluded, restricted or modified.
To the fullest extent permissible under the law, you indemnify us and hold us harmless from and against, and shall defend against, any and all liabilities, expenses, costs, loss and all other harm as set out in this agreement or arising from the instructions given or information provided or statements made by you, your employees, management, agents, representatives, other advisers and experts acting for you or on your behalf.
You can cancel your subscription for a Package at any time and you will continue to have access to the Package Services through to the end of the applicable billing period immediately preceding cancellation however, automated inspections will cease and Work Orders will need to be submitted.
To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial Package periods or prepaid but unused Services or any prepaid or supplied time, materials or products.
Upon the termination of this agreement for any reason, we shall be entitled to recover from you such compensation and reimbursement, if any, accrued under the terms of this agreement, but unpaid, as of the date we cease Services under this agreement and all fees up to the date of the termination will be charged and become immediately payable.
- Without limitation, if you terminate this agreement (with or without cause) you shall nevertheless pay the fees that would have been payable but for the termination.
- In addition, you shall reimburse us for any non-cancellable obligations, any cancellation penalties, and, unless we terminate the agreement without cause, any expenditures reasonably made or undertaken in order to perform the Services that were to occur had cancellation not occurred.
- In the event that this agreement is terminated by your agent because your property is no longer managed by your agent, then:
- your agent by that notice personally agrees and undertakes to indemnify us for any amounts owed or owing to us, including any costs or additional charges to recover such amounts; and
- you agree and undertake to indemnify your agent for any amounts your agent pays to us under the agent indemnity.
This agreement may be terminated by either of us, with or without cause, upon written notice to the other, provided that:
- if we terminate this agreement without cause we will, in accordance with the terms and conditions hereof, not be obliged to complete the Service which we began prior to the date of notice of termination but will nevertheless wind up our Services in an orderly fashion such that your property is in our view ready for enrolment with a competitor service provider (whether you engage a competitor service provider or not) and at the date of our notification that your property is ready for transfer we shall have no further obligation or duty in the or liability as a result.
- if you (or your agent) terminate this agreement, with or without cause, your (or your agent's) notice of termination to us is irrevocable and, save as set out in this agreement, we will thereupon have no obligation or duty to wind up our Services in an orderly fashion or provide Services or attend to your property and will not breach any duty or incur any liability as a result.
The sale of an enrolled property terminates this agreement automatically on the date that is one day before the sale contract is executed, regardless of whether you notify us of your intention to sell the property or the sale of the property.
- such termination is deemed a termination by you, without cause; and
- if your property was being managed by your agent, then the notice of your intention to sell or the sale contract is deemed to be a notice by your agent that your property is no longer managed by that agent as at the date that is one day before the sale contract is executed.