The general terms and conditions that apply to all goods and services provided by Alarmify.
These Alarmify General Terms and Conditions (General Terms) will apply to all goods and services provided by Alarmify. By accepting any proposal (either in writing or by conduct) the Customer agrees to be bound by these General Terms. These General Terms (and Schedules) may be varied from time to time by Alarmify providing written notice to the Customer and updating them on Alarmify’s website. Unless the Customer objects to the amendments within the 30 day notice period, then they will be deemed to be accepted by the Customer and amended.
1.1 In accordance with this Agreement, Alarmify will:
1.1.1 supply and install the Equipment listed on the Customer Agreement at the Installation Address;
1.1.2 Provide the Monitoring Plan service listed on the Customer Agreement.
1.1.3 Provide the Preventative Maintenance and Support Service in respect of the Equipment (and/or if applicable in respect of the Pre-Existing Equipment), listed on the Customer Agreement.
1.1.4 Provide such other services and goods specified in this Agreement.
1.2 In consideration of Alarmify providing the services and goods specified in this Agreement, the Customer will pay:
1.2.1 the Installation Cost or Rental Fees (as the case may be) and any other amounts specified in this Agreement for the supply and installation of the Equipment at the Installation Address;
1.2.2 the Service Fee indicated on the Customer Agreement for the provision of the Monitoring Plan, and the Support and Maintenance after any free trial period.
1.2.3 if an Emergency Patrol is dispatched to the Installation Address in accordance with this Agreement, the Emergency Response Fee for the dispatch of that security patrol;
1.2.4 Any applicable call out fee or repair costs incurred; and
1.2.5 such other amounts as are specified in this Agreement.
2.1 Alarmify will supply and install the Equipment listed on the Customer Agreement at the Installation Address.
2.2 Where there is Pre-Existing Equipment at the Installation Address, Alarmify will not upgrade, modify, or remove the Pre-Existing Equipment, unless it is indicated on the Customer Agreement that Alarmify is supplying, installing parts and/or performing work required to undertake the upgrade, modification or removal of the Pre-Existing Equipment. Upon the completion of that work performed then, unless the contrary intention appears, references in this Agreement to the Equipment include any Pre-Existing Equipment.
2.3 The Customer must allow Alarmify such access to the Installation Address for the purpose of delivering and installing the Equipment as Alarmify reasonably requests and must provide such co-operation and assistance as Alarmify reasonably requests to enable Alarmify to install the Equipment.
2.4 If the Customer is not the registered proprietor of the Installation Address, then the Customer must, unless Alarmify otherwise agrees in writing, provide to Alarmify (in such form specified by Alarmify) the consent of the registered proprietor to the installation of the Equipment.
2.5 Alarmify will endeavour to install the Equipment, within 30 days of the Commencement Date specified by clause 2.6 below but makes no representation that the Equipment will be installed within any particular timeframe. Alarmify will provide the customer notice of a material change to the Installation Date.
2.6 The Commencement Date means the date on which each of the following have occurred:
2.6.1 the Customer Agreement has been accepted by the Customer (either by signing or by its conduct including by issuing any purchase order) and a representative of Alarmify (or if the Customer Agreement has been submitted online when Alarmify has provided the Customer with an order confirmation and order reference number or commences providing the goods or services);
2.6.2 any deposit referred to in clause 3.1 has been paid;
2.6.3 any consent required under paragraph 2.4 has been provided;
2.7 The Customer may terminate this Agreement at any time prior to the date Alarmify attends at the Installation Address to undertake installation of the Equipment. In such case Alarmify, at its own discretion, may retain such part of the deposit as is required to reimburse Alarmify for the costs incurred by it up until the date of termination.
3.1 The Customer must pay to Alarmify any Deposit specified in the Customer Agreement.
3.2 Except for Rental Equipment (if applicable), upon the completion of the installation of the Equipment, the Customer will pay the Installation Cost less the amount of the deposit (if any) paid under clause 3.1.
3.3 In relation to Rental Equipment, the Customer will pay the Rental Fees in accordance with the Rental Equipment Terms (only if applicable).
4.1 The Customer acknowledges that the Equipment has been selected by the Customer from a range of products sold or used by Alarmify, having regard to the Customer’s requirements as to cost, the Customer’s assessment of its security risk and the layout, design and use of the Installation Address.
4.2 The Customer must advise Alarmify in writing if there is a material change to the layout, design or use of the Installation Address (including, without limitation, by building alterations or changes to the type, nature and value of contents of the Installation Address or by reason of work carried out by any third parties). Alarmify will notify the Customer if it recommends any alterations be made to the Equipment having regard to the changes in the Installation Address. If the Customer requests Alarmify to undertake those alterations and Alarmify agrees to so undertake them, then Alarmify will carry out those alterations at the expense of the Customer, provided that such work will not be commenced until the Customer signs such document required by Alarmify setting out the terms upon which such work will be undertaken and paid for.
4.3 With the exception of Rental Equipment, title to the Equipment passes to the Customer upon completion of its installation at the Installation Address. This paragraph (4.3) does not affect title to any Pre-Existing Equipment.
4.4 Subject to the Rental Terms, in relation to Rental Equipment, Alarmify retains title at all times, but risk passes to the Customer upon completion of its installation at the Installation Address. The Rental Equipment is and remains the personal property of Alarmify even if attached to land.
4.5 The Customer must do all things reasonably necessary to safeguard and protect Alarmify’s title to the Rental Equipment. Alarmify reserves the right to register a security interest in the Rental Equipment for the purposes of the Personal Property Securities Act 2009.
4.6 Any SIM Card forming part of the Equipment and all software installed with the Equipment will at all times remain the property of Alarmify and are not part of the Equipment sold to the Customer by Alarmify. The Customer obtains no interest in the SIM Card or software of any nature and may not access or use them. To the extent it is necessary, the Customer grants Alarmify a licence to install the SIM Card and software in the Equipment for the term of this Agreement. Upon the termination of this Agreement for any reason, the Customer must upon the request of Alarmify allow Alarmify such access to the Installation Address reasonably requested by Alarmify for the purpose of retrieving the SIM Card and all software installed with the Equipment.
4.7 The Customer acknowledges that the Equipment may detect and deter, but cannot prevent, unlawful or unauthorised entry to the Installation Address and that, accordingly, unlawful or unauthorised entry to the Installation Address, theft of property, loss or damage to property and death or injury to persons may still occur despite the installation and operation of the Equipment.
4.8 Alarmify does not represent that the Equipment, the equipment used by or on behalf of Alarmify at the Professional Monitoring Centre, the Central Station or any other equipment providing a communications link between Professional Monitoring Centre, Central Station and the Installation Address may not be circumvented or compromised in any way.
4.9 Customer understand they are responsible for maintaining the confidentiality of their login and password, and they are responsible for all uses of their login, password, and PINS, and any and all related charges, whether or not authorised by the Customer.
4.10 Where Alarmify is required to integrate Pre-Existing Equipment (whether during installation, service, or repair) the Customer must provide any required installer codes or access credentials. If these cannot be provided, Alarmify may need to factory default the system. This may, in rare cases, damage the Pre-Existing Equipment and require its replacement, for which Alarmify is not liable. Additional programming and testing charges may apply.
5.1 The Customer must use the Equipment in accordance with any instructions provided by Alarmify and must not use the Equipment in a manner contrary to those instructions.
5.2 The Customer must not interfere with, damage or disassemble the Equipment or do anything which might be reasonably expected to prevent its normal operation.
5.3 Except for Rental Equipment, the Customer must not allow any person to undertake any work in respect of the Equipment unless that person is properly licensed in accordance with all applicable laws and competent to undertake the relevant work. For Rental Equipment, the Customer must only use Alarmify to undertake any work on Rental Equipment.
5.4 To the extent permitted by law, Alarmify has no liability for any damage or failure of the Equipment caused by the Customer or work undertaken by a person other than Alarmify. To avoid doubt, a reference to Alarmify includes its contractors, where they are acting on behalf of Alarmify.
5.5 If the Customer fails to comply with the requirements of this clause 5, then:
5.5.1 the warranties in clause 8 will cease to apply;
5.5.2 the Customer must reimburse Alarmify for any reasonable costs incurred by Alarmify as a result of that failure to comply; and
5.5.3 Alarmify may terminate the provision of this Agreement. In such case Alarmify will not provide refunds or credits for any partial-month service periods.
6.1 Unless expressly stated to the contrary in the Customer Agreement, the supply and installation of the Equipment does not include any work and costs associated with:
6.1.1 provision of any power supply adjacent to all items of the Equipment requiring 240 Volt AC supply;
6.1.2 cutting and making good of ways or clearing cavities, conduits and passages necessary for the installation of the Equipment;
6.1.3 lifting and relaying of floor coverings or underlays;
6.1.4 removal of any asbestos or any additional work required as a result of the presence of asbestos;
6.1.5 provision of high scaffolding or elevated work platforms;
6.1.6 excavation and reinstatement of trenches or ducts or provision of overhead cable fixing the inter-building connection;
6.1.7 repairs to existing doors, windows and/or other fixtures or fittings to enable satisfactory operation of the Equipment;
6.1.8 concealing of any wiring;
6.1.9 rectification of any faults within existing wiring or equipment to be incorporated in the Equipment; and
6.1.10 any unforeseen condition or defect in the Installation Address becoming evident, during installation and which makes installation materially more costly or time consuming than anticipated by Alarmify at the time of preparing the Customer Agreement.
6.2 Unless otherwise agreed by Alarmify, the Customer is required to arrange for the undertaking of any work referred to in paragraph 6.1.1 to 6.1.10 above, which work must be undertaken within such reasonable period specified by Alarmify and in accordance with such reasonable instructions provided by BLY SKY. Where such work is required to be undertaken by the Customer the Installation Date (as referred to in clause 2.5) will be extended by such time reasonably determined by Alarmify to account for the additional work.
6.3 If Alarmify agrees to undertake any work referred to in paragraph 6.1.1 to 6.1.10 above then:
6.3.1 Alarmify will provide a quotation to the Customer of the fees payable to Alarmify for undertaking that additional work;
6.3.2 if the Customer accepts that quotation (either in writing or by its conduct) Alarmify will proceed to undertake the work (and if the Customer does not accept the quotation, then the Customer must arrange for the undertaking of the work in accordance with paragraph 6.2 above);
6.3.3 the Customer must pay Alarmify’s fees for performing that work as determined by Alarmify in accordance with the quotation provided to the Customer; and
6.3.4 the Installation Date (as referred to in clause 2.5) will be changed by such time reasonably determined by Alarmify to account for the additional work.
6.3.5 If the customer refuses to pay, Alarmify may terminate the Agreement, and at its own discretion, may retain such part of the deposit as is required to reimburse Alarmify for the costs incurred by it up until the date of termination.
7.1 The Customer must carry out regular monthly testing of the Equipment (and/or Pre-Existing Equipment) and its connection, comply with all operating and maintenance instructions and applicable Australian Standards 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.
7.2 Australian Standards recommend the servicing of Equipment at least once every twelve (12) months in order to maintain it in effective working condition.
7.3 Where the Equipment is divided into zones, the Customer must test each zone. The Customer must notify the Professional Monitoring Centre prior to a test being conducted. If the Customer fails to advise the Professional Monitoring Centre that a test is being conducted and Alarmify responds to any alarm activated during a test, the Customer will be liable for any Emergency Response Fee for any security patrol dispatched by the Professional Monitoring Centre in responding to the alarm.
7.4 The Customer must immediately report to Alarmify any fault discovered by the Customer during Equipment Testing.
7.5 The Customer must keep accurate records of all Equipment Testing results.
7.6 Alarmify shall have no liability to the Customer in circumstances where the Equipment has failed and such failure could have been prevented, detected and/or rectified by the Customers compliance with the testing requirements of this clause.
8.1 Unless otherwise stated in the Customer Agreement, Alarmify provides the following warranty covering defects in materials and workmanship under normal use:
8.1.1 A 12-month repair warranty on new installations; and
8.1.2 A 3-month repair warranty on refurbished equipment, service and maintenance work.
8.2 This warranty does not cover damage caused by misuse, neglect, unauthorised modifications, or external factors beyond Alarmify’s control.
8.3 To make a warranty claim, the Customer must notify Alarmify of the issue and provide access to the equipment for inspection and repair.
8.4 Upon lodging a warranty claim, the Customer must allow Alarmify access to the Installation Address to inspect the Equipment and determine whether the claim is valid. If so, the Customer must provide reasonable cooperation and assistance to enable Alarmify to fulfil its warranty obligations.
9.1 Alarmify provides user interfaces from third-party suppliers for monitoring and controlling Equipment at the Installation Address. These include apps, websites and the corresponding email and phone notifications. Depending on then-current service offerings and the service purchased, and subject to availability, such services include, but are not limited to, one or more of the following service offerings, which may exist in the Monitoring Plan:
9.1.1 The enabling of wireless transmission of data from the Equipment at the Installation Address to the Central Station,
9.1.2 remote access to such data via a User Interface,
9.1.3 remote control of some or all of the Equipment via a User Interface,
9.1.4 personalised event-driven phone and email notifications managed by the Customer via a User Interface,
9.1.5 forwarding of alarm notifications to the Central Station, and
9.1.6 Professionally Monitored Services, including but not limited to, security and emergency response.
9.2 If the Monitoring Plan listed on the Customer Agreement includes a Professional Monitoring Service, then:
9.2.1 Alarmify’s Professional Monitoring Centre will be sent activated alarm signals from the Equipment (and/or if applicable the Pre-Existing Equipment) where it will use its reasonable endeavours to respond to the activated alarm in accordance with the instructions set out in the Alarm Response Form.
9.2.2 In the event that Alarmify or its third-party suppliers are unable to respond to an activated alarm in accordance with the instructions set out in the Alarm Response Form or believes that such response is not appropriate in the circumstances and is not able to obtain an oral instruction from a Nominated Contact within such time as Alarmify considers appropriate, Alarmify may take such action as it considers reasonably necessary to ensure an appropriate response.
9.3 If the Monitoring Plan listed on the Customer Agreement includes a Professional Video Verification Monitoring Service, then:
9.3.1 The Video Verification equipment sold and installed by Alarmify is part of an intruder alarm security system:
9.3.1.1 (1) is intended for Monitoring use only;
9.3.1.2 (2) is not intended for the purposes contemplated by, and does not comply with, AS1670-1995 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;
9.3.2 It is the responsibility of the Customer to ensure that Video Verification camera devices are maintained in such order that vision can be viewed without defect when transmitted to Alarmify’s Professional Monitoring Centre and ;
9.3.3 The Customer acknowledges that the video verification system sold is for verifying any alarm event. Alarmify or its third parties will still make contact with the Customer and will not make decisions or assumptions of any video transmission or activity at the Installation Address;
9.4 Customer understand they are responsible for maintaining the confidentiality of their login and password, and they are responsible for all uses of their login, password, and PINS, and any and all related charges, whether or not authorised by the Customer.
10.1 The Customer acknowledges that the Equipment is designed to communicate alarm and subsidiary signals to the Central Station through the use of cellular transmission or other communication channels (e.g. TCP/IP) and that the Customer is responsible for the connection and maintenance of, and all of the costs relating to, such lines of communication, such as internet usage charges (except the Cellular connection).
10.2 The Customer acknowledges that telephone communication to the Central Station is not available nor a service provided by Alarmify.
10.3 The Customer must at its own expense ensure that the Equipment maintains communication with the Central Station following any changes to any line of communications or the configuration thereof including, without limitation, as a result of the installation or removal of any internet services.
10.4 Where the Customer’s Monitoring Plan includes a Professional Monitoring Service, Alarmify will attempt to notify the Customer of any communication error the Central Station is able to detect. However, Alarmify cannot detect nor notify the Customer of any communication error or failure of the Equipment where the Customer has not subscribed to a Professional Monitoring Service.
10.5 Where the Customer’s Monitoring Plan includes the Alarm.com Interactive Monitoring or similar:
10.5.1 the Customer agrees to be bound by the Alarm.com Terms as set out in Schedule 1; and
10.5.2 notification of an alarm event may be communicated via notification to a device of the Customer’s with the Alarm.com app properly installed and functional or to a nominated email address (as configured by the Customer). It is the Customer’s sole responsibility to ensure their device is functional and connected to an operating telecommunications network to enable transmission of any notification to it.
10.6 The Customer acknowledge the cellular transmission can only be located within an area of wireless telemetry coverage in which Alarmify Services are available, failing this the agreement is terminated, as per clause 23.1.1.5.
10.7 The Customer acknowledges that Alarmify may be unable to provide the Monitoring Plan Services defined in clause 9, and to the extent permitted by law has no liability for inability to provide the Monitoring Plans, where:
10.7.1 there is a failure or interruption in electricity supply at the Installation Address, Central Station, or Professional Monitoring Centre;
10.7.2 there is a failure or interruption in the operation of telecommunications infrastructure; or
10.7.3 any strike or industrial action affects access to, or the operation of, the Central Station, or Professional Monitoring Centre
11.1 Where Alarmify contacts a person using the phone number for a Nominated Contact provided by the Customer then Alarmify will ask the person who answers the phone to confirm that they are that Nominated Contact. If the person (or another person to whom the call is transferred) answers that they are the Nominated Contact then Alarmify may proceed on the basis that the person is the Nominated Contact and all instructions and directions given by that person to Alarmify are binding on the Customer as if those instructions and directions were given by the Customer.
11.2 The Customer is solely responsible for notifying, and must notify, Alarmify of any changes to its Nominated Contacts and the contact details for those Nominated Contacts from time to time. Such notification must be provided in writing and in such format as reasonably required by Alarmify from time to time.
12.1 Alarmify will dispatch the appropriate Emergency Patrol as defined on the Alarm Response Form to attend the Installation Address if:
12.1.1 the Emergency Button has been pressed at the Installation Address and:
12.1.1.1 Alarmify, through the Equipment, has received confirmation from a Person at the Installation Address immediate assistance is required, or
12.1.1.2 Alarmify is unable to communicate with anyone at the Installation Address via the Equipment and the Alarm Response Form indicates that where Alarmify is unable to communicate it should dispatch an emergency patrol.
12.1.2 the Equipment has issued an activated alarm and:
12.1.2.1 Alarmify notifies a Nominated Contact that an alarm has been activated, per the instructions on the Alarm Response Form, and that Nominated Contact requests Alarmify to dispatch the Emergency Patrol; or
12.1.2.2 Alarmify is unable to contact a Nominated Contact and the Alarm Response Form indicates that where Alarmify is unable to contact a Nominated Contact it should dispatch the appropriate Emergency Patrol.
12.2 Where Alarmify has dispatched an Emergency Patrol, it may invoice the Customer for the emergency response and the Customer agrees to pay such invoice.
13.1 Smoke Detector Alarms and Fire Alarms are intended to provide an early warning system or alarm notification in the event of fire or smoke;
13.2 all Smoke Detector Alarms, Fire Alarms, Medical Duress Devices and Duress Alarms monitored by Alarmify and its third-party suppliers must be serviced in accordance with the manufacturer’s specifications and it is the responsibility of the Customer to arrange such servicing unless the Customer request Alarmify to arrange servicing of those alarms in accordance with applicable industry standards;
13.3 the Smoke Detector Alarms, Fire Alarms, Medical Duress Devices and Duress Alarms are intended for back to base monitoring and the actioning of any alarm notifications in accordance with the Customer’s instructions provided on the Alarm Response Form;
13.4 an alarm notification received from a Smoke Detector Alarm, Fire Alarm, Medical Duress Device and/or Duress Alarm may not result in notification of the alarm activation to the local fire brigade, police, ambulance or other medical service, or attendance by one of those services at your premises except to the extent notification and/or attendance is required under the Customer’s instructions provided on the Alarm Response Form
13.5 All duress, fire, medical devices must be tested regularly as outlined in Clause 7 to ensure reliability and correct functionality.
13.6 Smoke detection equipment (including Smoke Detector Alarms and Fire Alarms) sold and installed by Alarmify as part of an intruder alarm security system:
13.6.1 is intended for monitoring use only;
13.6.2 is not intended for the purposes contemplated by, and does not comply with, AS1670-1995 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;
13.6.3 it is the responsibility of the Customer to ensure that where such requirements apply, fire alarm equipment to the standard required by applicable legislation, Australian standards and the Building Code of Australia is installed by others at the Customer’s premises in addition to any smoke detection equipment installed by Alarmify; and
13.6.4 the Customer acknowledges that the smoke detection equipment sold, installed and serviced by Alarmify is not life-saving equipment and must not be relied on by the Customer 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.
14.1 Where the Customer Agreement indicates Alarmify will provide the Preventative Maintenance and Support Service to the Customer, Alarmify will
14.1.1 undertake regular Maintenance Inspections (as defined in paragraph 14.3 below) at the Installation Address;
14.1.2 provide unlimited Telephone and Online supports, including the conditions set out at clause 20 together with priority service and no call caps;
14.1.3 provide contracted service and repair part rates, as indicated on the Customer Agreement.
14.2 Alarmify will provide the service unless Written Notice from the Customer requesting the cessation of the undertaking of the Preventative Maintenance and Support Service. Upon the expiration of 30 days from the receipt of that Written Notice Alarmify will terminate the Preventative Maintenance and Support Service.
14.3 The Preventative Maintenance and Support Service includes a Maintenance Inspection of the Equipment (and/or if applicable of the Pre-Existing Equipment) to be conducted by Alarmify once every 12-month or another regular period, as indicated on the Customer Agreement. However, the Customer must pay for any repairs and maintenance (including replacement parts) which that inspection identifies as being required for the proper operation of the Equipment (and/or if applicable Pre-Existing Equipment).
14.4 Alarmify cannot and do not warrant or guarantee uninterrupted or error-free operation of the Equipment or that our Maintenance Inspection will solve any problem affecting the Equipment.
14.5 Alarmify will contact the Customer with not less than seven (7) days’ notice of the day upon which Alarmify will undertake a Maintenance Inspection and a period of three (3) hours on that day during which the Maintenance Inspection may be commenced by Alarmify. Alarmify may change such day and period by notice to the Customer. Notices under this paragraph 14.5 may be given by telephone.
14.6 The Customer must allow Alarmify such access to the Installation Address and the Equipment and co-operation and assistance as Alarmify may reasonably request to enable Alarmify to carry out a Maintenance Inspection.
14.7 If the Customer fails to provide such reasonable access on the day, and commencing within the period, specified by Alarmify then the Customer must pay Alarmify’s call-out fee as set by Alarmify from time to time.
14.8 If Alarmify fails to attend at the Installation Address at the times indicated by paragraph 14.5 above, then Alarmify will provide a further notice to the Customer setting out a new day and period of hours at which Alarmify will attend at the Installation Address to undertake the Maintenance Inspection. Such notice may be given by telephone.
14.9 All Maintenance Inspections will be carried out between the hours of 8am and 5pm Monday to Friday excluding public holidays.
14.10 For the avoidance of doubt, the following work on the Equipment is not considered within the scope of the Preventative Maintenance and Support Service in accordance with these terms and conditions and will only be performed by Alarmify on the basis of a separate quote and at a separate charge:
14.10.1 Repair, restoration work, replacement, in particular the elimination of faults, due to wear and tear and or damage to the Equipment.
14.10.2 Restoration work that becomes necessary as a result of the repair or modification of the instruments by third parties without our prior written approval.
14.10.3 Installation of new equipment.
15.1 In consideration for the provision of the Monitoring Plans defined in clause 9, and the Preventative Maintenance and Support Service in clause 14 (“the Alarmify Services”) the Customer must pay to Alarmify the Service Fee listed on the Customer Agreement.
15.2 Alarmify will commence the Alarmify Services and the billing cycle on the Installation Date; or in the case no Equipment is being installed, it is the date the Customer signs up for the service. The date Alarmify Services commence is the Service Start Date.
15.3 The Service Fees will be paid by Debit/Credit Card (Visa/MasterCard) or by such other means agreed by Alarmify. The Customer can change their Payment Method by emailing or calling Alarmify. Alarmify may request the direction be in writing.
15.4 The Service Fees for Alarmify services will be billed on either a monthly, quarterly or annual basis, indicated on the Customer Agreement, to the Customer’s Payment Method corresponding to the commencement of the Alarmify Services. In some cases the timing of the billing may change, for example if the Customer’s Payment Method has not successfully settled or if the Service Start Date began on a day not contained in a given month.
15.5 If the Service Start Date is not the first day of a calendar month, the Service Fee for the first partial month in which Alarmify Services are provided will be pro-rated and billed, and shall be paid, on the first billing cycle.
15.6 If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and the Customer does not change their Payment Method or cancel their account, Alarmify may suspend access to the service until the Customer provides a valid Payment Method. The Customer remains responsible for any uncollected amounts and authorises Alarmify to continue billing the Payment Method, as it may be updated. This may result in a change to the Customer’s payment billing dates.
15.7 Changes to Alarmify Services that result in a higher monthly service charge will be billed, and shall be paid, in arrears during the next billing cycle. Alarmify Services changes that result in a lower monthly service charge will become effective in the subsequent month and will not be pro-rated during the month in which the change is made.
15.8 In addition to the Service Fee (or where applicable) Rental Fees, the Customer must pay for services provided or costs incurred by Alarmify in response to an activated alarm, whether those services are provided in accordance with the Customer Agreement or an oral instruction of the Customer or at the discretion of Alarmify under clause 12. Examples of costs incurred include any fees charged to Alarmify by a fire brigade, ambulance or police patrol dispatched to the Installation Address. Services will be charged by Alarmify at the rates set for the relevant service by Alarmify from time to time, and the Customer authorises Alarmify to debit emergency response fee payments on the next billing cycle to the Customer’s nominated Payment Method.
15.9 For the avoidance of doubt, if the Payment Method select by the Customer is by debit or credit card, the authority given above by the Customer includes authority to charge such debit or credit card in accordance with this clause.
15.10 Alarmify’s payment terms are 14 days from submission of invoice, unless otherwise stated on the invoice.
15.11 Overdue Amounts. If any amount owing under this Agreement remains unpaid after the due date, Alarmify reserves the right to charge a late payment fee of 1.5% per month on overdue balances and recover any reasonable costs incurred in collecting outstanding amounts.
16.1 Alarmify may offer a free trial period for the Alarmify Services to new Customers. The free trial period lasts for one month, or as otherwise specified during sign-up and is intended to allow new Customers and certain former Customers to try the service. The Customers will be notified during sign-up whether they are eligible for a free trial.
16.2 Alarmify will bill the Customer’s Payment Method for the Service Fee from the end of the free trial period unless the Customer cancels the Alarmify Services prior to the end of the free trial period.
17.1 Alarmify will provide the Alarmify Services until Alarmify receives Written Notice from the Customer requesting the cessation of the Alarmify Services. Unless the Customer has agreed to a Minimum Contract Period, or (where applicable) Minimum Rental Period, the Customer can cancel their Alarmify Services at any time, in writing, and they will continue to have access to the Alarmify Service through the end of their monthly billing period. The service MUST be cancelled at least 7 days before the billing cycle to avoid re-charging of the Customer account. Alarmify does not provide refunds or credits for any partial-month service periods. If the Customer cancels their Alarmify Services, their account will automatically close at the end of their current billing period.
17.2 If the Customer has agreed to a Minimum Contract Period, the Customer cannot terminate the agreement until the total number of months defined by the Minimum Contract Period has elapsed from the Installation Date. If Customer wishes to terminate the Alarmify Services prior to the end of the Minimum Contract Period or this Agreement is terminated by Alarmify under its terms, the Customer will need to pay an early termination fee which is the Service Fee multiplied by the number of remaining months in the Minimum Contract Period, in addition to any other termination fee that may apply.
17.3 Alarmify will cease the provision of the Alarmify Service if:
17.3.1 The Customer requests Alarmify to cease providing the Alarmify Service governed by paragraph 17.1 above,
17.3.2 This Agreement is terminated pursuant to clause 23, or
17.3.3 If the customer moves to another premise, as defined in clause 23.1.1.8.
18.1 Nothing in this agreement excludes, restricts or modifies the application of the provisions of any statute (including the Competition & Consumer Act 2010(Cth)) where to do so would contravene that statute or cause any part of this Agreement to be void.
18.2 To the extent permitted by law and subject to the consumer guarantees and other provisions of the Australian Consumer Law (if applicable), the Customer acknowledges and agrees that Alarmify will have no liability for any statements, representations, guarantees, conditions or warranties that are not expressly contained in this agreement.
18.3 To the extent permitted by law, where Alarmify breaches its obligations under this agreement, Alarmify shall at its election, re-supply the Equipment and or the Alarmify Services or pay to have those services supplied again or the replacement, repair or repayment of the Equipment to a maximum total value of the fees paid by the Customer to Alarmify under this agreement.
18.4 To the extent permitted by law, the Customer agrees that any liability of Alarmify under this clause will be reduced to the extent that any loss, damage or expense was caused by the Customer or a third party including through breach of this agreement, negligence, fault, lack of care or through any other act or omission of the Customer, its employees, subcontractors and agents or a third party and, in any event, Alarmify’s aggregate liability to the Customer, whether in contract, tort (including negligence) or otherwise, will be limited to five times the total value of payments received by Alarmify from the Customer under this agreement.
18.5 Notwithstanding anything else in this agreement, Alarmify will not be liable for any indirect, consequential or special or economic loss, cost, liability, damage or expense howsoever arising nor any loss of profit, loss of use, loss of income, loss of rental or other benefit, loss of production, loss of actual or potential business opportunity or loss of reputation.
18.6 The Customer acknowledges and agrees that it is reasonable for Alarmify to limit its liability under this agreement and that the fees charged by Alarmify are based solely on the value of the Equipment and the Alarmify Services supplied.
19.1 The Customer shall keep the Alarmify indemnified against all Claims which may be made against the Customer or which the Customer may sustain, pay or incur as a result of or in connection with the manufacture, sale, export, import or use of the Equipment or Alarmify Services unless such costs, claim, demand, expense or liability shall be directly and solely attributable to any breach of contract or guarantee by, or negligence of, the Alarmify or its duly authorised employee or agent.
20.1 Alarmify shall provide phone and email Technical Support to Customers with an active Alarmify Service, between the hours of 8:30 A.M. to 5:00 P.M, Monday through Friday, subject to scheduled or unscheduled interruptions because of outages in Alarmify’s support systems or otherwise.
20.2 Alarmify will use its best efforts to resolve the Customer's technical problems relating to Alarmify product and services. Alarmify will attempt to resolve such technical problems in a professional, reasonable and timely manner, taking into consideration the circumstances and nature of the technical problems.
20.3 The Customer is responsible for providing Alarmify with complete information concerning their Equipment prior to seeking technical support.
20.4 Alarmify employees may need to connect to the Customer’s site to access troubleshooting information, made available to Alarmify by the equipment manufacturer relating to the end-user customer issues, or via third-party product. The customer will create a login for Alarmify employees upon request, for the purposes of remote support. Alarmify Technical Support is available only to registered users the Customer provides to Alarmify per Installation Address.
20.5 The Customer understands and acknowledges that neither Alarmify nor any of its third-party product or service providers shall be responsible for any lost data, re-run time, inaccurate output, or work delays resulting from any technical support services, other services, or products provided by Alarmify.
20.6 Telephone and online support may attract a support fee billed at Alarmify’s standard hourly rate for Customer initiated requests not relating to technical faults, including but not limited to, updating logins, system reconfigurations, and re-setups on a Customer’s new device. Alarmify will notify the client of any fees prior to starting the work.
21.1 Optional onsite services for repair, service, installations, training, and other support services related to Alarmify product and services are available to the Customer at Alarmify’s standard call out fee and hourly rate during Standard Working Hours.
21.2 After-hours call out fee and after-hours hourly rate will apply where any of the first hour of the call out is outside Standard Working Hours.
21.3 The Customer can call or email Alarmify to arrange this service.
21.4 Repair Services and Parts Replacement can be provided where necessary. All costs are the responsibility of the Customer and appropriate parts and services are supplied with a warranty of 30 days after the effective date of purchase or work carried out (manufacturers warranties may extend this period for hardware only).
21.5 Payment for services requested in accordance with this clause will be due at such time determined by Alarmify (and Alarmify may, at its discretion, require all or part of such payment to be made prior to Alarmify commencing the work). Alarmify will issue an invoice to the Customer for any payment due by the Customer to Alarmify.
21.6 All upgrades and new installations are covered by Alarmify’s standard warranty defined in clause 8.
21.7 Paragraph 21.4 above does not apply to the extent that pursuant to a warranty referred to in clause 8 Alarmify is to bear the costs of undertaking the work.
22.1 Alarmify may, from time to time:
22.1.1 Subject to clause 22.1.2, vary the amount of any fees and make adjustments to any direct debit being paid to reflect this variation. This is to reflect any increases in amounts charged to Alarmify by the suppliers of the goods and services procured, purchased or acquired by Alarmify to enable it to provide services to the Customer; and any increases in Alarmify’s costs of providing services to the Customer due to events beyond Alarmify’s reasonable control.
22.1.2 Service Fees for Minimum Contract Periods with respect to a contract for a Monitoring Plan associated with Equipment being brought outright by the Customer if specified in the Customer Agreement will be fixed for the applicable Minimum Contract Period as set out in the Customer Agreement.
22.1.3 Add, delete, change, or terminate service offerings, provided, the changes in its service offerings results in a material deterioration (i.e., reduction) in such service offerings. The parties acknowledge that Alarmify has no duty to notify the Customer of any enhancements or improvements in the Alarmify service offerings.
22.1.4 Alarmify shall provide the Customer with no less than thirty (30) days’ prior Written Notice in the event that Alarmify intends to make any changes to its fees or service defined in paragraphs 22.1.1-22.1.2 above.
23.1 Notwithstanding any other provision of this Agreement:
23.1.1 Alarmify may terminate this Agreement immediately upon Written Notice to the Customer if:
23.1.1.1 the Customer is more than seven (7) days late in making a payment due under this Agreement and fails to remedy that breach within twenty (20) days of notice from Alarmify;
23.1.1.2 the Customer is in breach of any other obligation under this Agreement and has failed to remedy that breach within seven (7) days of receiving Written Notice from Alarmify requiring the breach to be remedied;
23.1.1.3 the Customer enters into any arrangement with its creditors (other than on solvent terms) or goes into bankruptcy;
23.1.1.4 either the Equipment or the connection to the Installation Address is irreparably damaged or destroyed by any cause;
23.1.1.5 Alarmify is unable to obtain or retain the necessary rights, consents or permits for the transmission of signals between the Installation Address and the Central Station;
23.1.1.6 If the contract is terminated between Alarmify and its suppliers to provide a service to the Customer, for whatever reason;
23.1.1.7 The customer is found to breach Clause 24 Intellectual property;
23.1.1.8 If the Customer is no longer the owner or lawful occupier of the Installation Address. The agreement only applies at the Installation Address and is not transferrable to any other address.
23.1.1.9 If Alarmify acting reasonably and acting on such evidence as it deems reasonable, or in accordance with any direction of any Court or law enforcement direction, form a view that termination is required in order to protect the legitimate safety, privacy of occupants or other owners of the Installation Address.
23.2 Termination of this Agreement does not affect the accrued rights of the parties as at the date of termination. Any termination of this Agreement in accordance with its terms shall also not prejudice Alarmify’s right to recover any unpaid Fees.
24.1 The Customer shall not cause, perform, or permit the copying, decompilation, disassembly, or other reverse engineering of any Alarmify Materials or Alarmify Services and its affiliates, and its providers Alarmify Materials or Alarmify Services or the transferring of all or any part of any of the foregoing to any other Person. The Customer shall not use any Alarmify Materials or Alarmify Services or its access to any of the foregoing to design, build, market, or sell any similar or substitute product or service.
25.1 The Customer acknowledges and agrees that Innovative Control Solutions Pty Ltd (ABN 33 602 766 727) will collect, use, hold and disclose personal information for the purposes of providing the goods and services under this Agreement, in accordance with its Privacy Policy (as updated from time to time), available at alarmify.com.au/privacy.
26.1 The Customer may not assign, transfer or novate its rights or obligations under this Agreement and any purported assignment, transfer or novation in contravention of this provision is void.
26.2 Alarmify may assign, transfer or novate its rights and/or obligations under this Agreement by notice to the Customer. The Customer must execute such documentation requested by Alarmify to give effect to that assignment, transfer or novation. Any transfer or novation of obligations is on the basis Alarmify is released from the relevant obligation upon the transfer or novation taking effect.
27.1 Alarmify may, at its discretion, subcontract the performance of any of its obligations under this Agreement without the Customer’s prior consent.
27.2 This Agreement shall be deemed to have been made in Adelaide, Australia, and it shall be governed and interpreted according to the laws, including conflict of laws, applicable in the State of South Australia. Each of the parties submits to the jurisdiction of the Courts of South Australia.
27.3 Without limiting any other provision relating to provision of access, assistance and co-operation, the Customer must provide to Alarmify such information, co-operation and assistance as Alarmify reasonably requests from time to time. This Agreement supersedes any previous agreements, obligations, representations, conduct and understandings whether verbal or otherwise between the Customer and Alarmify. The parties have not relied on any promise, representation or conduct in deciding whether to enter into this Agreement, other than as expressly set out in this Agreement.
27.4 The Customer acknowledges that it does not rely on any representation or warranty made by or on behalf of Alarmify other than as expressly set out in this Agreement.
27.5 The Customer acknowledges that Alarmify is not, under this Agreement, an insurer and the installation of any Equipment, Monitoring Plan, the provision of Professional Monitoring Services, Preventative Maintenance and Support Service, and supply of all other goods and services under this Agreement are not a substitute for insurance coverage. The Customer is solely responsible for obtaining, at the Customer’s cost, such insurance as is reasonably required having regard to the nature of the activities carried out at the Installation Address.
27.6 If a provision of this Agreement would, but for this clause, be unenforceable:
27.6.1 the provision will be read down to the extent necessary to avoid that result; and
27.6.2 if the provision cannot be read down, to that extent, it will be severed without affecting the validity and enforceability of the remainder of this Agreement.
27.7 Any clause hereof which is required to survive termination to give its operation efficacy or which clause shows, by its terms, an intent that it should survive termination.
27.8 The Customer must not disclose the contents of this Agreement or any of Alarmify’s technical, operational, billing, pricing or other commercially confidential information to any third party without Alarmify’s consent.
28.1 Alarmify nor any of its Affiliates or providers shall have any liability for any non-performance or deficiency of performance resulting from any act of God, fire, floods, earthquakes, or other natural catastrophes; national emergencies, strikes, lockouts or other labour difficulties; computer "hacking" attack or computer virus; any law, order, war, terrorism, riots, regulation or other action of any governing authority; default of supplier, or any other cause beyond the control of Alarmify or its Affiliates or providers.
29.1 From time to time the Customer may request and Alarmify may agree in writing to provide certain additional services and/or additions, moves and changes to Equipment (Additional Services). Any such variation will only be binding if it is in writing and sets out the description of the Additional Services, the Equipment involved, and the applicable fees. The supply of Additional Services will be governed by this Agreement.
30.1 Any Rental Equipment which is currently or was previously on Rental to the Customer shall be additionally subject to the Rental Equipment Terms supplemented with these Terms and Conditions.
30.2 Alarmify Online Packages – Ownership (Title) Without limiting clause 30.1, where a Customer purchases an Alarmify-branded package online through the Alarmify website (an “Alarmify Online Package”), the following ownership rule applies:
30.2.1 Despite any other provision in these General Terms (including clause 4.3), title to the Equipment supplied as part of an Alarmify Online Package does not transfer to the Customer upon installation.
30.2.2 Title transfers only when:
(a) the Customer completes the contracted term and all fees payable have been paid; or
(b) the Customer exercises any applicable buyout option described in the Alarmify Critical Information Summary (CIS) and pays all outstanding amounts.
30.2.3 This clause applies only to Alarmify Online Packages and does not affect other Rental Equipment arrangements or any other customer agreements.
30.2.4 Early termination, return requirements, and buyout calculations for Alarmify Online Packages are as described in the Alarmify Critical Information Summary (CIS) and the Returns, Refund & Warranty Policy
30.2.5 Warranty periods, exclusions, and the returns process for Alarmify Online Packages are as set out in the Alarmify Returns, Refund & Warranty Policy.
31.1 In these terms and conditions, unless the context otherwise requires or unless otherwise specified:
31.2 “Additional Installation Cost” is defined in clause 6.3.1.
31.3 “Agreement” means the contract between Alarmify and the Customer which is set out in the following documents:
31.3.1 The Customer Agreement (including any schedule to it),
31.3.2 These Terms and Conditions,
31.3.3 The Alarm Response Form; and
31.3.4 Rental Equipment Terms (if applicable).
31.4 “Affiliate” means any Person that, directly or indirectly, owns or controls, is owned or controlled by, or is under common ownership or control with, a party.
31.5 “Alarm Response Form” means the form titled “Alarm Response Form” submitted by the Customer setting out the Alarm response instructions that form may be amended by the Customer in writing from time to time with the consent of Alarmify.
31.6 “Alarmify” means Innovative Control Solutions Pty Ltd, a Proprietary Limited Company ABN 33 602 766 727 trading under the business names Alarmify, BLU SKY Security, and any other Business Name adopted from time to time.
31.7 “Alarmify Services” are the Monitoring Plans defined in clause 9, and the Preventative Maintenance and Support Service in clause 14 or any other services provided by Alarmify listed on the Customer Agreement. The Customer must pay the recurring Service Fee to get access to these services.
31.8 “Central Station” means the off-site processor of the alarm and subsidiary signals transmitted between the Central Station and the Equipment.
31.9 “Claim” means from any claim, suit, action, proceeding, or demand arising from any liability, damage, cost, personal injury, death, theft, loss, and expense, including reasonable counsel fees against Alarmify, its Affiliates, its providers, and all employees, officers, directors, agents, and representatives of Alarmify, its Affiliates, and its providers.
31.10 “Commencement Date” means the date referred to in clause 2.6.
31.11 “Customer Agreement” means the form titled “Customer Agreement” or “Proposal” submitted to the Customer by Alarmify, and agreed to by the Customer and includes any such form submitted online through Alarmify’s website.
31.12 “Deposit” means the amount described as the “Required Deposit” in the Customer Agreement, as defined in clause 3.1.
31.13 “EFT” means electronic funds transfer.
31.14 “Emergency Button” Button pressed to trigger an emergency response request accordance with clause 12.1.1.
31.15 “Emergency Patrol” means the emergency patrol that is dispatched, and is most-likely a security patrol guard service contracted by Alarmify to attend alarm response, however could also be the police, fire brigade, or ambulance services depending on the type of alarm and response required.
31.16 “Emergency Response Fee” means the fee provided by Alarmify as that fee may be amended from time to time in accordance with clause 12.2.
31.17 “Equipment” means the equipment described in the Customer Agreement and includes, but not limited to, security systems and automation (and where Alarmify is upgrading or modifying Pre-Existing Equipment means the equipment described in the Customer Agreement which Alarmify is providing to carry out that upgrade or modification) and (where applicable) Rental Equipment.
31.18 “Installation Address” means the premises described as the “Site Address” in the Customer Agreement.
31.19 “Installation Cost” means the amount described as the “Total inc GST” in the Customer Agreement.
31.20 “Installation Date” is referred to in clause 2.5 pursuant to clauses 6.2, and 6.3.4.
31.21 “Maintenance Inspection” is a service included with the Preventative Maintenance and Support Service and defined in clause 14.3.
31.22 “Minimum Contract Period” means the minimum number of months the Customer will pay the Service Fee for the Alarmify Service described as the “Contract Term” in the Customer Agreement.
31.23 “Minimum Rental Period” has the meaning as given to that term in the Rental Equipment Terms.
31.24 “Monitoring Plan” means the services defined in clause 9.1 and described in the Customer Agreement as “Monitoring Plan” or “Monitoring Service”.
31.25 “Nominated Contact” means a person indicated in the Alarm Response Form as a “nominated contact”.
31.26 “Payment Method” means the customers nominated payment method, listed on the Customer Agreement and defined in clause 15.3.
31.27 “Person” means any natural or legal person or association of natural or legal persons, whether or not having a separate legal identity, including any individual, corporation, limited liability company, or partnership.
31.28 “Pre-Existing Equipment” means any equipment, including but not limited to security systems, IT infrastructure, and IoT devices, that is already installed at the Installation Address prior to the commencement of services by Alarmify.
31.29 “Preventative Maintenance and Support Service” means the service defined in clause 14 and described in the Customer Agreement as “Preventative Maintenance”.
31.30 “Professional Monitoring Centre” means the premises from which, from time to time, Alarmify and its third-party suppliers monitors signals from security systems, including from the Equipment (and/or if applicable the Pre-Existing Equipment).
31.31 “Professional Monitoring Service” means the professional monitoring of alarm and subsidiary signals from the Equipment (and/or if applicable the Pre-Existing Equipment) and responding to those signals in accordance with the requirements of this Agreement.
31.32 “Rental Fees” has the meaning as given to that term in the Rental Equipment Terms.
31.33 “Rental Equipment” means Equipment Rented by Alarmify to the Customer.
31.34 “Rental Equipment Terms” means those terms and conditions relating to Rental Equipment as set out in Schedule 2 as supplemented with these Terms and Conditions.
31.35 “Service Fee” means the total of the Monitoring Plan and Preventative Maintenance and Support Service fees or any other services described in the Customer Agreement which is the monthly fee to provide these services. This fee may be amended from time to time in accordance with clause 22.1.1.
31.36 “Service Start Date” is the date the Alarmify Services start, and is defined in clause 15.2.
31.37 “Technical Support” means Alarmify’s commercially reasonable efforts, to provide Customers a status resolution recommendation for reported technical problems.
31.38 “Written Notice” will be by email, and when the written notice is to the Customer, Alarmify will use the email address provided to Alarmify by the Customer.
32.1 In this Agreement, unless a contrary intention appears:
32.1.1 a reference to a person includes a natural person, a corporation, body corporate, incorporated association, firm, unincorporated body, government authority, government instrumentality and trust;
32.1.2 words or expressions importing the singular include the plural and vice versa;
32.1.3 where a word or expression is defined or given meaning, another grammatical form has a corresponding meaning;
32.1.4 any heading, index, table of contents or marginal note is for convenience only and does not affect the interpretation of this Agreement;
32.1.5 a provision of this Agreement will not be construed to the disadvantage of a party merely because that party was responsible for the preparation of this Agreement or the inclusion of the provision in this Agreement;
32.1.6 a reference to legislation or a provision of legislation includes all regulations, orders or instruments issued under the legislation or provision and any modification, consolidation, amendment, re-enactment, replacement or codification of such legislation or provision;
32.1.7 a reference to costs means costs and expenses;
32.1.8 references to time periods within which an invoice is payable run from the date of receipt by the Customer of that invoice; and
32.1.9 a reference to a business day is to a day other than a Saturday, Sunday or public holiday in Adelaide.
IMPORTANT — see Schedule 1 – Alarm.com Terms and Schedule 2 – Rental Equipment Terms below.
IMPORTANT -- READ CAREFULLY: You have agreed to purchase residential or commercial security, video, still-photo imaging and/or home automation products and services from an independently owned and operated security services dealer (“Dealer”) pursuant to an agreement with the Dealer (“Subscription Agreement”). Alarm.com Incorporated, a Delaware corporation (“Alarm.com” or “us” or “we”), has authorized the Dealer to market and sell Alarm.com’s services (“Services”) to you with certain hardware and other products, including communication modules, video, imaging and/or home automation devices (“Equipment”) that enable the Services. Sections A1 through A12 herein constitute the terms and conditions of Alarm.com’s offering of the Equipment and Services (“Terms”) and are part of the Subscription Agreement and contain, among other things, important warranty disclaimers (Section A4) and limitations of liability (Section A5) applicable to the Services and the Equipment. By signing the Subscription Agreement, accessing the Alarm.com customer website or mobile applications, or using any other part of the Services and/or Equipment, you agree to be bound by these Alarm.com Terms. You agree that these Alarm.com Terms may be enforced by us directly.
A1 Pursuant to the Subscription Agreement, you have agreed to purchase the Services and/or Equipment from the Dealer. The Dealer is an independent contractor and not an agent of Alarm.com. You acknowledge and agree that (a) you have had the opportunity to read and review these Alarm.com Terms before entering into the Subscription Agreement,(b) you accept the Alarm.com Terms and agree to be bound by them, and (c) if, for any reason, you don’t remain an Alarm.com subscriber or if the Services become unavailable to you for any reason, you will have no right of refund, return or deinstallation with respect to any Services or any Equipment, except if and to the extent otherwise required by law (including the Australian Consumer Law as embodied in Schedule 2 to the Competition and Consumer Act 2010 (Cth) ("Australian Consumer Law"). We may modify these Alarm.com Terms from time to time to comply with applicable law.
A2 The Equipment may contain proprietary software of Alarm.com that is embedded in the Equipment. Alarm.com solely owns and retains all rights, including all intellectual property rights, in the embedded software and all other Alarm.com materials (together, “Materials”) and Services. You will not (a) use, or cause or permit any other person or entity to use, any Materials or Services to design, build, market, or sell any similar or substitute product or service, or (b) cause, perform, or permit (i) the copying, decompilation, disassembly, or other reverse engineering of any Materials, (ii) the transferring or purported resale, licensing or sublicensing of any Materials, or (iii) the removal, delivery, or exportation of any Materials outside the United States or any other act in violation of any relevant export laws or regulations.
A3 If your Services include emergency two-way voice over a cellular or internet connection, you acknowledge that the two-way voice connection may be interrupted or unable to connect, that the call may be dropped, and that the sound quality may be distorted or impossible to understand. By accepting the emergency two-way voice service you understand and accept the limitations inherent in cellular and internet technology and the consequences if the technology does not operate as designed. If your Services include video or still-photo image cameras, the video clips and still-photo images generated from such cameras are stored on our servers and may be viewed by you only for a limited time based on the quantity of storage you have ordered from your Dealer. We have no control over and take no responsibility for the placement of cameras and their view. You agree to use the cameras and associated video and still-photo imaging features of the Services in compliance with all laws, including privacy and consumer protection laws, and not for any illegal purposes, including invasion of privacy or illicit conduct, and we may disconnect the cameras from the Services if you, in our sole determination, breach this covenant. We do not guarantee the receipt, clarity or quality of any images that may be adversely impacted by, for example, lighting, Internet and wireless communication facilities and transmission quality, electrical interference, weather and other conditions beyond our control. We may disclose stored video clips and still-photo images in response to a subpoena or a government request or order. If the Equipment provided by your Dealer includes an Alarm.com image sensor device that also is being used as a motion sensor, then you understand and accept that the motion sensor may not operate as designed and may be affected by conditions outside our control, which may cause the device to malfunction or provide false readings. If the Equipment provided by your Dealer includes home automation devices (such as thermostats, lighting controls and door locks), you understand that such devices may not work together with the Equipment and Alarm.com Services, and you may be unable to control the devices using the Equipment or Alarm.com Services. Alarm.com makes no representations or warranties regarding the quality, function or effectiveness of any such home automation devices.
A4 (1) TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW: (A) THE SOLE WARRANTY PROVIDED BY ALARM.COM WITH RESPECT TO THE SERVICES, MATERIALS AND EQUIPMENT IS A LIMITED WARRANTY TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT OR BYPASS A MATERIAL DEFECT IN THE SERVICES, IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THESE ALARM.COM TERMS (“LIMITED WARRANTY”); (B) THE LIMITED WARRANTY IS NOT EXTENDED TO YOU UNLESS YOU HAVE ACCEPTED THESE ALARM.COM TERMS AND REMAIN BOUND BY THESE TERMS AND CONDITIONS, AND THE LIMITED WARRANTY IS FOR YOUR BENEFIT ONLY AND MAY NOT BE ENFORCED BY ANY OTHER PERSON OR ENTITY; (C) EXCEPT FOR THE LIMITED WARRANTY WITH RESPECT TO SERVICES, ALL SERVICES, EQUIPMENT AND MATERIALS THAT ARE OR MAY BE PROVIDED BY US ARE PROVIDED “AS IS,” WITH ALL FAULTS; (D) ALARM.COM DISCLAIMS (a) ALL EXPRESS WARRANTIES TO YOU, OTHER THAN THIS LIMITED WARRANTY, (b) ALL IMPLIED WARRANTIES TO YOU OF ANY KIND, AND (c) ALL WARRANTIES TO OR FOR THE BENEFIT OF ANY OTHER PERSON OR ENTITY, WHETHER EXPRESS OR IMPLIED; (E) THE IMPLIED WARRANTIES DISCLAIMED HEREIN INCLUDE ALL WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND
(F) EXCEPT FOR THE LIMITED WARRANTY, THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT OF ALL SERVICES, ALL EQUIPMENT AND ALL ALARM.COM MATERIALS SHALL BE WITH YOU.
(2) ALARM.COM SHALL HAVE NO RESPONSIBILITY FOR EQUIPMENT WHICH IS MANUFACTURED BY THIRD PARTIES.
(3) THE AUSTRALIAN CONSUMER LAW IN FORCE IN THE COMMONWEALTH OF AUSTRALIA REQUIRES THAT CERTAIN GUARANTEES MUST BE GIVEN BY ALARM.COM TO CONSUMERS IN RELATION TO THE SUPPLY BY ALARM.COM OF GOODS OR SERVICES TO CONSUMERS ("CONSUMER GUARANTEES"). FOR THE AVOIDANCE OF DOUBT, NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF CONSUMER GUARANTEES, THE EXERCISE OF A RIGHT CONFERRED BY A CONSUMER GUARANTEE OR THE LIABILITY OF ALARM.COM FOR A FAILURE TO COMPLY WITH A CONSUMER GUARANTEE.
(4) IN THE EVENT OF ALARM.COM'S FAILURE TO COMPLY WITH A CONSUMER GUARANTEE, ITS LIABILITY TO YOU IS LIMITED TO:
(a) IN THE CASE OF GOODS SUPPLIED TO YOU, THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS (OR THE PAYMENT OF THE COST TO YOU OF THE REPLACEMENT OR SUPPLY), OR THE REPAIR OF THE GOODS (OR THE PAYMENT OF THE COST TO YOU OF THE REPAIR); AND
(b) IN THE CASE OF SERVICES SUPPLIED TO YOU, THE SUPPLY OF THE SERVICES AGAIN OR THE PAYMENT OF THE COST TO YOU OF HAVING THE SERVICES SUPPLIED AGAIN.
A5 (A) YOU AGREE THAT ALARM.COM IS NOT AN INSURER OF YOUR PROPERTY OR THE PERSONAL SAFETY OF PERSONS IN OR AROUND YOUR PREMISES. THE PRICES THAT WE CHARGE FOR THE SERVICES AND EQUIPMENT REFLECT THE VALUE OF THE GOODS AND SERVICES WE PROVIDE AND NOT THE VALUE OF YOUR PREMISES OR ITS CONTENTS OR ANY LOSSES ASSOCIATED WITH PERSONAL INJURY OR DEATH. INSURANCE, IF ANY, COVERING PERSONAL INJURY AND PROPERTY LOSS OR DAMAGE ON YOUR PREMISES SHALL BE OBTAINED BY YOU FROM A THIRD PARTY.
(B) ALARM.COM IS NOT ASSUMING RESPONSIBILITY FOR ANY LOSSES (DIRECT OR INDIRECT), IRRESPECTIVE OF CAUSE, THAT MAY OCCUR EVEN IF DUE TO ALARM.COM’S NEGLIGENT PERFORMANCE OR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS OR ANY SUBSCRIPTION AGREEMENT OR OTHER BASIS. IF, NOTWITHSTANDING THESE TERMS, ALARM.COM IS HELD TO BE LIABLE TO YOU, OR ANY INVITEES, AGENTS, EMPLOYEES OR OTHERS, FOR BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, OR UNDER ANY OTHER THEORY OF LEGAL LIABILITY FOR ANY FAILURE OF THE SERVICES, MATERIALS OR EQUIPMENT, THEN THE LIMITATION OF ALARM.COM’S LIABILITY FOR ANY AND ALL HARM, DAMAGES, INJURY OR LOSS SHALL BE THE GREATER OF ONE THOUSAND DOLLARS ($1,000.00) OR THE ANNUAL AMOUNT THAT ALARM.COM RECEIVES FOR YOUR USE OF THE SERVICES.
(C) TO THE EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY AND ALL CLAIMS FOR DAMAGES EXCEEDING THE LIMITS SET FORTH HEREIN FOR ALL HARM, DAMAGES, INJURY OR LOSS INCURRED, INCLUDING BUT NOT LIMITED TO ACTUAL, DIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PROPERTY DAMAGE AND LOSSES DUE TO BUSINESS INTERRUPTION, LOSS OF PROFITS, PERSONAL INJURY OR DEATH. UNDER NO CIRCUMSTANCES WILL ALARM.COM BE LIABLE TO YOU FOR ANY CONSEQUENTIAL DAMAGES.
(D) YOU MAY OBTAIN FROM ALARM.COM A HIGHER LIMITATION OF LIABILITY BY PAYING AN ADDITIONAL FEE TO US. IF YOU ELECT THIS OPTION, A RIDER WILL BE ATTACHED TO THESE ALARM.COM TERMS WHICH WILL SET FORTH THE AMOUNT OF THE HIGHER LIMITATION OF LIABILITY AND THE AMOUNT OF THE FEE. AGREEING TO THE HIGHER LIMITATION OF LIABILITY DOES NOT MEAN THAT ALARM.COM IS AN INSURER. YOU WAIVE ALL SUBROGATION AND OTHER RIGHTS OF RECOVERY AGAINST US THAT ANY INSURER OR OTHER PERSON MAY HAVE AS A RESULT OF PAYING ANY CLAIM FOR HARM, DAMAGES, INJURY OR LOSS TO YOU OR ANY OTHER PERSON OR ENTITY.
A6 You agree and acknowledge that the Services, Materials and Equipment may not detect, observe, view, or prevent an unauthorized intrusion onto the premises or any other emergency condition such as fire, smoke, carbon monoxide, medical emergencies or water damage. You agree and acknowledge that the use of the Services, Materials and/or Equipment is voluntary.
A7 If any of your employees, guests, relatives, invitees, or insurers, or any other person or entity connected to you, or any person or entity who seeks to assert rights they claim are derived from your relationship with Alarm.com, attempts to hold Alarm.com responsible for any harm, damages, injury or loss (including property damage, personal injury or death) connected with or resulting from any alleged (a) failure of the Services, Materials or Equipment, (b) negligence (including gross negligence), (c) improper or careless activity of Alarm.com, or (d) claim for indemnification or contribution, then you will repay to us (i) any amount that we are required to pay or that we agree to pay in settlement of the claim, and (ii) the amount of our reasonable attorney’s fees and any other losses and costs that we may incur in connection with the harm, damages, injury or loss.
A8 You understand and agree that these Alarm.com Terms, and particularly Sections A4, A5, A6, A7, and A8, shall (a) apply to and protect the employees, officers, shareholders, parent companies, directors, agents, licensors, representatives, subcontractors, affiliates and assignees of Alarm.com, and (b) be binding on your heirs, administrators, custodians, trustees, agents and successors.
A9 These Alarm.com Terms shall be governed by the law of the Commonwealth of Virginia, without giving effect to its rules of conflict of laws.
A11 If any provision of these Alarm.com Terms or the application of any such provision to any person, entity or circumstance shall be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of these Alarm.com Terms. The parties intend that all disclaimers of warranties, limitations of liability, and exclusions of damages in these Alarm.com Terms shall be upheld and applied to the maximum extent permitted by law (including the Australian Consumer Law). Alarm.com is an intended third-party beneficiary of these Alarm.com Terms and shall have the right to enforce and/or otherwise invoke any and all provisions set forth in any of these Alarm.com Terms directly. The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.”
A12 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH THE UNDERLYING WIRELESS SERVICE PROVIDER OR ITS AFFILIATES OR CONTRACTORS AND THAT YOU ARE NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN ALARM.COM AND THE UNDERLYING CARRIER. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT THE UNDERLYING CARRIER AND ITS AFFILIATES AND CONTRACTORS SHALL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO YOU AND YOU HEREBY WAIVE ANY AND ALL CLAIMS OR DEMANDS THEREFOR.
A13 BY ACCEPTING THESE TERMS, YOU CONSENT TO THE DISCLOSURE, TRANSFER, PROCESSING AND STORAGE BY ALARM.COM OF ANY PERSONAL INFORMATION (AS DEFINED IN THE PRIVACY ACT 1988 (CTH) IN FORCE IN AUSTRALIA) ACQUIRED FROM YOU TO:
(A) A LOCATION OUTSIDE AUSTRALIA; OR
(B) A LOCATION OUTSIDE THE AUSTRALIAN STATE OR TERRITORY IN WHICH YOU ARE LOCATED BY ACCEPTING THESE TERMS, YOU ALSO CONSENT TO ALARM.COM'S USE OF YOUR PERSONAL INFORMATION (AS DEFINED IN THE PRIVACY ACT 1988 (CTH) IN FORCE IN AUSTRALIA) IN A MANNER CONSISTENT WITH ALARM.COM'S PRIVACY POLICY (AVAILABLE AT http://www.alarm.com/privacy_policy.aspx), INCLUDING MONITORING YOUR USE OF ALARM.COM'S WEBSITE.
Alarmify shall supply Rental Equipment to the Customer on the terms and conditions set out in the General Terms and these Rental Equipment Terms. All definitions set out in the General Terms shall, unless otherwise specified below, have the same meaning when used in these Rental Equipment Terms.
“Decommissioning” means disabling the Rental Equipment to ensure that no further signals are transmitted from the Rental Equipment for the Return of the Rental Equipment to Alarmify.
“General Terms” means Alarmify General Terms and Conditions as attached to these Rental Equipment Terms.
“Minimum Rental Period” means the minimum number of months the Customer will pay the Rental Fees for the Rental Equipment as described in the Customer Agreement.
“PPSA” means the Personal Property Securities Act 2009 (Cth), any regulation made at any time under the PPSA (each as amended from time to time) or any amendment made at any time to any other legislation as a consequence of the PPSA.
“Reduced Rate” means the reduced rate for Service Fees for the Monitoring Plan as notified by Alarmify in writing to the Customer as soon as reasonably practicable after the end of the Rental Period if clause 5.1 is applicable for the Customer.
“Rental Period” means the term that is set out in the Customer Agreement and commencing on the Installation Date, as confirmed by Alarmify in writing (e.g. via email). The installation date may be subject to change and will be communicated to the Customer prior to installation.
“Rental Fees” means the Rental fees for the Rental Equipment which include Service Fees for the Monitoring Plan as set out in the Customer Agreement.
“Return or Returned” means the physical return of the Rental Equipment to Alarmify or if the Rental Equipment is lost, stolen or damaged, the date on which the Rental Equipment is repaired or replaced as the case may be and available for use by Alarmify.
“Security Interest” means:
(a) a security interest as defined under the PPSA or security for the payment of money or performance of obligations, including a mortgage, pledgFe, lien, charge, assignment by way of security, hypothecation, secured interest, title retention arrangement, preferential right, trust arrangement or other arrangement (including, without limitation, any set-off or "flawed-asset" arrangement) having the same or equivalent commercial effect as a grant of security;
(b) a purchase money security interest, whereby a security interest is taken in collateral to the extent that it secures all or part of the purchase price of that collateral (if applicable); or
(c) an agreement to create or give any arrangement referred to in paragraph (a) or paragraph (b) of this definition.
The Customer’s offer to Rental the Rental Equipment is made by completing and submitting the Customer Agreement online on Alarmify’s website including providing the Customer’s credit card details. Alarmify’s acceptance of the Customer’s Agreement is confirmed by Alarmify providing the Customer with an order confirmation and reference number. Alarmify may, in its sole discretion, decline to Rental the Rental Equipment to the Customer.
3.1 In consideration for the provision of the Rental Equipment during the Rental Period the Customer must pay to Alarmify:
(a) the Deposit in accordance with the General Terms;
(b) the Rental Fees; and
(c) any other fees as specified in the Customer Agreement.
3.2 Alarmify will commence the billing cycle at the start of the Rental Period.
3.3 The Rental Fees will be paid by Debit/Credit Card (Visa/MasterCard) or by such other means agreed by Alarmify. The Customer can change their Payment Method by emailing or calling Alarmify. Alarmify may request the direction be in writing.
3.4 The Rental Fees will be billed monthly to the Customer’s Payment Method corresponding to the start of the Rental Period. In some cases, the timing of the billing may change, for example if the Customer’s Payment Method has not successfully settled or if the start of the Rental Period began on a day not contained in a given month.
3.5 If the start of the Rental Period is not the first day of a calendar month, the Rental Fees for the first partial month in which Alarmify Services are provided will be pro-rated and billed, and shall be paid, on the first billing cycle.
3.6 Clauses 15.6 – 15.10 of the General Terms will otherwise apply in addition to the payment of the Rental Fees. The Customer will also incur and must pay Alarmify additional fees:
(a) for any Decommissioning and Return of the Equipment to Alarmify; and
(b) servicing of the Rental Equipment following the date that is 18 months after the start of the Rental Period.
4.1 The Rental Period for the Rental Equipment is for the Minimum Rental Period and the Customer will remain liable for all Rental Fees and other charges payable to Alarmify for the Minimum Rental Period.
4.2 Subject to clause 4.3, the Customer may request cessation of hiring the Rental Equipment and for the Decommission and Return of the Rental Equipment to Alarmify at any time after the Minimum Rental Period and prior to the end of the Rental Period by Written Notice to Alarmify.
4.3 If the Customer requests to cease hiring the Rental Equipment in accordance with clause 4.2, the Customer must pay Alarmify on demand:
(a) fees for Decommissioning the Rental Equipment and for the Return of Rental Equipment;
(b) the Rental Fees and any other fees owing to Alarmify under this Agreement up to the date the Rental Equipment is Decommissioned and Returned; and
(c) any early termination fee as set out in the Customer Agreement.
4.4 If Alarmify terminates this Agreement during the Rental Period in accordance with clause 23 of the General Terms, further to the Alarmify’s rights under the General Terms and clause 4.3 and 14.2 of these Rental Equipment Terms, the Customer must pay Alarmify on demand:
(a) fees for Decommissioning the Rental Equipment and for the Return of Rental Equipment;
(b) the Rental Fees and any other fees owing to Alarmify up to the date the Agreement is terminated; and
(c) the Rental Fees multiplied by the number of remaining months in the Rental Period in addition to any other termination fee that may apply as set out in the Customer Agreement.
(d) If the Customer does not pay the fees referred to in clauses 4.3 and 4.4 within 30 days of Alarmify’s demand, the Customer shall indemnify Alarmify against any other Claims whatsoever arising out of or incidental to the breach of this Agreement.
5.1 Subject to clause 5.3, after the end of the Rental Period, the Customer will own the Rental Equipment and the General Terms will continue to apply to such Equipment and any applicable Alarmify Services. If this clause applies, the Customer will be entitled to the Reduced Rate for the Monitoring Plan.
5.2 If the Customer after the Minimum Rental Period and before the end of the Rental Period wishes to purchase the Rental Equipment, the Customer may give Written Notice to Alarmify that the Customer exercises its option to purchase the Rental Equipment for the purchase price which will be calculated as the number of months remaining in the Renal Period x Rental Fees (Buy Out Figure), unless set out on the Customer Agreement.
5.3 The Customer must pay the Buy Out Figure to Alarmify in accordance with this clause within 14 days of the Customer’s Written Notice. Subject to clause 5.3, the Equipment purchased by the Customer under this clause will continue to be subject to the General Terms.
5.4 Title in the Equipment shall not pass to the Customer under clauses 5.1 and 5.2 until, and unless the Customer has paid Alarmify:
(a) all Rental Fees and all other fees owing to Alarmify under this Agreement for the Rental Period if clause 5.1 is applicable; or
(b) the Buy Out Figure, and all Rental Fees and all other fees owing to Alarmify under this Agreement up to the date of the purchase of the Rental Equipment if clause 5.2 is applicable.
5.5 Until ownership of the Rental Equipment passes to the Customer in accordance with this clause 5, the Customer’s obligations under this Agreement including these Rental Equipment Terms shall continue.
The Customer agrees and acknowledges:
6.1 Unless clause 5.3 is applicable:
(a) Alarmify retains title in the Rental Equipment at all times;
(b) the Rental Equipment is and will remain the personal property of Alarmify even if attached to land;
(c) the Customer shall not sell, transfer, assign, underlet, lend, charge, pledge or part with possession of the Rental Equipment or purport to grant any encumbrance over or in connection with the Rental Equipment or otherwise purport to offer or use the Rental Equipment as security (for the purposes of the Rental Equipment Terms, encumbrance means any mortgage, lien, charge, bill of sale, option, title retention, pledge, claim, restriction, condition, overriding interest, security interest pursuant to the PPSA or other encumbrance);
6.2 risk in the Rental Equipment passes from Alarmify to the Customer upon delivery of the Rental Equipment to the Installation Address;
6.3 the Customer must at all times do all acts, matters and things necessary to safeguard and protect Alarmify’s title to the Rental Equipment.
7.1 The Customer acknowledges and agrees that by virtue of these Rental Equipment Terms, the Customer grants a Security Interest to Alarmify in the Rental Equipment.
7.2 The Customer undertakes to sign any further documents and/or provide any further information, (which information the Customer warrants to be complete, accurate and up to date in all respects), or do any other things that Alarmify reasonably requires (such as obtaining consents, completing, signing and producing documents and supplying information):
(a) to perfect and maintain the perfection of Alarmify’ Security Interests (including by registering a financing statement or financing change statement on the Personal Property Securities Register (PPSR)) and ensuring that the Security Interests are enforceable, perfected and otherwise effective;
(b) for the purpose of enabling Alarmify to apply for any registration, or give any notification, in connection with a Security Interest so that it obtains the priority reasonably required by Alarmify; and
(c) for the purpose of enabling Alarmify to exercise powers in connection with a Security Interest.
7.3 The Customer agrees to:
(a) meet its own costs together with all of the reasonable costs of Alarmify (and its legal advisers) in connection with this clause 7 and will indemnify and upon demand reimburse Alarmify for all expenses incurred in registering a financing statement or financing change statement on the PPSR or releasing goods charged by a financing statement or financing change statement;
(b) not register a financing change statement or a changed demand in respect of the Rental Equipment without prior written consent of Alarmify; and
(c) give to Alarmify 14 days prior written notice of any proposed change in the Customer’s name and/or any other change in the Customer’s details (including, but not limited to changes in the Customer’s address, facsimile number, email address, or business practice).
7.4 The Customer:
(a) waives the right under section 157 of the PPSA to receive a copy of the verification statement verifying registration of a financing statement or a financing change statement relating to a Security Interest created under this Agreement; and
(b) contracts out of its rights to receive any other notice or statement under any other provision of the PPSA (including for the avoidance of doubt, any of the provisions specified in clause 7.5).
7.5 To the fullest extent permitted by the PPSA, the parties agree to contract out of sections 95, 117, 118, 120, 121(4), 125, the second sentence of section 126(2), sections 129(2), 129(3), 130, 132(3)(d), 132(4), 135, 142 and 143, which sections (or parts of sections) shall not apply.
The Customer must:
8.1 keep the Rental Equipment in good condition and repair, except for ordinary wear and tear and operate, maintain, store and transport the Rental Equipment in a careful and proper manner and in accordance with this Agreement;
8.2 use the Equipment in a careful and proper manner, and for its intended purpose only, and not interfere, tamper with, repair, alter, modify or make additions to the Rental Equipment (including, but not limited to, altering, modifying or removing any sticker or Alarmify identification from the Rental Equipment), or let anyone else do so, without the prior written consent of Alarmify;
8.3 produce the Rental Equipment to Alarmify for inspection, testing or maintenance and for this purpose authorise Alarmify to, on reasonable notice, enter any premises or Installation Address where the Rental Equipment may be located;
8.4 keep the Rental Equipment in a safe and proper location at the Installation Address as specified in the Customer Agreement unless prior written permission has been obtained from Alarmify to relocate the Rental Equipment elsewhere;
8.5 if the Rental Equipment is located in any premises or Installation Address not owned by the Customer obtain and give to Alarmify an authorisation from each person who has any interest in the premises or Installation Address confirming that the Rental Equipment is the property of Alarmify and may be removed by Alarmify in in accordance with this Agreement without Alarmify incurring any liability;
8.6 not attempt to assign, dispose of, encumber or part with possession of the Rental Equipment or the Customer’s interest in this Agreement in any way;
8.7 only permit Alarmify to service and maintain the Rental Equipment;
8.8 notify Alarmify immediately:
(a) if the Rental Equipment is stolen, lost, destroyed, damaged or altered in any way;
(b) of the full circumstance of any mechanical breakdown or failure of the Rental Equipment, or accident involving the Rental Equipment (including where the Rental Equipment does not operate properly) (The Customer is not absolved from the requirements to safeguard the Equipment by giving such notification);
(c) of any need for recalibration of the Rental Equipment; or
(d) of any change in the Customer’s address or contact details;
8.9 comply with all applicable laws with respect of the Rental Equipment including the compliance with all occupational health and safety laws and regulations relating to use of the Rental Equipment, and associated operations; and
8.10 in the event the Rental Equipment is Returned to Alarmify and title does not pass to the Customer, the Rental Equipment when returned to Alarmify will not have any information contained in, or associated with it, which would, if received by Alarmify or any other party, be in breach of any laws.
The Customer must pay or reimburse Alarmify on demand for any expenses Alarmify incurs in retaking possession of the Rental Equipment, the protection of the Rental Equipment or in enforcing its rights under this Agreement, or in attempting to do any of these things.
10.1 The Customer must indemnify Alarmify against all Claims arising from:
(a) seizure or forfeiture or other lawful confiscation of the Rental Equipment;
(b) loss, destruction of or damage to the Rental Equipment through any cause whatsoever including loss of value arising from unauthorised repairs or service;
(c) injury to or death of persons or damage to property directly or indirectly arising out of the use, operation or possession of the Rental Equipment;
(d) claims or suits including any fines or penalties of and incidental to the use, operation or possession of the Rental Equipment including in relation to environmental or pollution issues;
(e) any liability Alarmify may incur as owner of the Rental Equipment for stamp duty, GST or sales tax;
(f) Alarmify exercising a right or doing anything the Customer should have done under this Agreement;
(g) any breach by the Customer of the terms of this Agreement.
10.2 Noting that each indemnity is a continuing obligation and independent from the Customer’s other obligations under this Agreement and continues in full force and effect after the termination or expiry of this Agreement and further that Alarmify need not incur any expense or make any payment before it is entitled to enforce a right of indemnity.
The Customer must:
11.1 insure and keep the Rental Equipment comprehensively insured from the date the Customer physically receives the Rental Equipment until the Rental Equipment is Returned, or ownership passes to the Customer in accordance with clause 5, for its full insurable value and any other amounts for which the Customer may become liable under this Agreement against fire, accident or theft and any other risk insured against in regard to equipment of a similar nature and such other risks Alarmify may reasonably stipulate;
11.2 produce any policy or polices of insurance in respect of the Rental Equipment to Alarmify upon request;
11.3 promptly pay all premiums and charges in respect of such policies;
11.4 not do or commit or suffer to be done any act or things which might or could prejudice any such insurance.
The Customer warrants that:
12.1 it is satisfied as to the condition, suitability and fitness for purpose of the Rental Equipment and has not relied in any way upon Alarmify’s skill or judgment;
12.2 no condition, warranty or representation, express or implied, is or has been given to it by Alarmify as to the condition, quality, design or operation of the Rental Equipment, its suitability of fitness for purpose or the taxation or accounting treatment of the charges payable in respect of the Rental Equipment.
Any consideration, price or charge payable pursuant to this Agreement is expressed to be exclusive of GST. In the event that GST is payable in respect of any supply made under this Agreement and Alarmify submits a proper tax invoice to the Customer in respect of that supply, the consideration, price or charge will be increased by the GST amount payable in respect of that supply.
14.1 Damage Without in any way limiting or affecting any other rights that Alarmify may have either pursuant to this Agreement or under common law, statute or equity, if the Rental Equipment provided by Alarmify to the Customer is damaged during the period from the date the Customer physically receives the Rental Equipment until the Rental Equipment is Returned, then:
(a) Alarmify may, at its election, repair the Rental Equipment in which case the Customer shall pay to Alarmify, in addition to any monies which may be payable under sub-clause 14.1(b) or any other clause, such charges as may be specified by Alarmify from time to time in its current rates, within 7 days from the date of an invoice from Alarmify claiming such repair costs; and
(b) the Customer shall pay to and otherwise indemnify Alarmify against any Claims whatsoever which may be incurred by Alarmify as a result of such damage.
14.2 Termination In the event of termination of this Agreement or if the Customer otherwise breaches any provision of this Agreement:
(a) Alarmify shall have the immediate right to take possession of the Rental Equipment;
(b) the Customer grants to Alarmify a licence to enter any premises or the Installation Address where the Rental Equipment may be located in the name of the Customer and to exercise any right to possession;
(c) the Customer shall pay to Alarmify all expenses reasonably and properly incurred by Alarmify by reason of it taking or attempting to take such possession of the Rental Equipment and shall otherwise indemnify Alarmify against any Claims whatsoever arising out of the Customer’s breach;
(d) Alarmify will make reasonable efforts to minimise any damage to the Installation Address in removing the Rental Equipment but will not be responsible for any make good costs of expenses in connection with that removal.
14.3 Not Returned Without in any way limiting or affecting any other rights that Alarmify may have either pursuant to this Agreement or under common law, statute or equity, if:
(a) the Rental Equipment is not Returned to Alarmify within 14 days of the date advised by Alarmify (or such other date as may be agreed in writing); or
(b) for any reason Alarmify cannot take possession of the Rental Equipment in accordance with these Rental Equipment Terms, then, in addition to any other amount payable under this Agreement, the Customer shall pay to Alarmify the current cost of a similarly installed system as calculated by Alarmify, discounted 15% each year after the first year of installation and in this respect a tax invoice issued by Alarmify as to the that cost shall be conclusive evidence of that cost. Payment to Alarmify of such replacement cost and any other amount payable under this Agreement shall transfer title in the Rental Equipment to the Customer. The Customer acknowledges that the amount payable under this clause is a genuine pre-estimate of the loss that would be suffered by Alarmify if the Rental Equipment is not returned by the date advised by Alarmify (or such other date as may be agreed in writing).