{"id":3930,"date":"2022-08-17T14:51:31","date_gmt":"2022-08-17T14:51:31","guid":{"rendered":"https:\/\/dev.chubbfs.com\/nl\/?page_id=3930"},"modified":"2023-08-03T12:44:07","modified_gmt":"2023-08-03T12:44:07","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/dev.smc-monitoring.com\/au-en\/terms-and-conditions\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"

CUSTOMER SERVICE AGREEMENT \u2013 CHUBB ELECTRONIC SECURITY<\/h2>\n

Standard Terms and Conditions<\/h3>\n

1. TERM<\/strong>
\n1.1 This Customer Service Agreement (CSA) commences on the Agreement Date and, where the Customer has opted for one or more Security
\nServices as part of this CSA, continues for the Initial Term. Upon expiry of the Initial Term, this CSA will automatically renew for successive three
\nmonths periods until such time as either party terminates this CSA in accordance with clause 13.<\/p>\n

2. COOLING OFF PERIOD<\/strong>
\n2.1 This CSA may be subject to a Cooling Off Period in accordance with the applicable legislation regarding unsolicited consumer agreements (as
\nthis term is defined in the Competition and Consumer Act 2010 (Cth)).
\n2.2 Where a Cooling Off Period applies:
\n(a) Chubb will not accept any payment during the Cooling Off Period;
\n(b) Chubb will not provide any Security Services during the Cooling Off Period;
\n(c) Chubb will not supply any Equipment exceeding five hundred Australian Dollars ($500) in value during the Cooling Off Period;
\n(d) the Customer may cancel this CSA within this period without penalty by giving Chubb notice verbally or in writing. The Customer may use the
\nnotice in the prescribed form contained in the CSA.
\n2.3 If the Customer cancels this CSA during the Cooling Off Period and Equipment was supplied during that period, the Customer agrees to provide
\nChubb with reasonable access to the Site during Standard Hours to remove the Equipment within thirty (30) days of cancellation. Failure to provide
\nChubb with such access will result in the Customer being invoiced for the cost of the Equipment.<\/p>\n

3. CHUBB\u2019S OBLIGATIONS<\/strong>
\n3.1 In consideration of payment of the Fees by the Customer, Chubb agrees to supply the Equipment and\/or the Security Services described in the
\nCSA to the Customer, in accordance with the terms and conditions herein, including any schedules, forms, specifications and other referenced
\nmaterials (if any).
\n3.2 Supply of Equipment. If the Customer has purchased equipment as part of this CSA, Chubb shall use all reasonable endeavours to deliver the
\nEquipment by the time specified in the CSA (if any) during Standard Hours. The Customer acknowledges and agrees that delivery dates or periods
\nquoted by Chubb are estimates only, and are subject to timely receipt of all Customer information, other material, and permits from the Customer
\nnecessary to allow Chubb to proceed with the delivery of the Equipment. Chubb shall not be liable to the Customer in any event for any direct for
\nindirect loss, damage, expense or cost of any nature and howsoever arising, suffered or incurred by the Customer as a result of any delay or
\nfailure to deliver the Equipment at the time specified. Risk in the Equipment shall pass to the Customer upon delivery to the Customer in
\naccordance with the CSA. Title to and ownership of the Equipment shall pass to the Customer upon receipt by Chubb of payment in full for the
\nEquipment.
\n3.3 Equipment Installation. If the Customer has elected Equipment Installation as part of this CSA, Chubb will install the Equipment at the Site on
\nthe Commissioning Date during Standard Hours. The Customer must pay Chubb for the Equipment and for Equipment Installation in the manner
\nspecified in the CSA. Any necessary structural alterations to the Site and the provision of 240v mains power connections are not included in the
\nEquipment Installation, and additional charges will apply, unless specified otherwise in the CSA. If the Equipment Installation has not been
\nachieved within forty-five (45) working days of the estimated installation date due to factors outside the Customer\u2019s control, unless otherwise
\nagreed by the Customer, the Customer may cancel this CSA without penalty. Following completion of the installation of the Equipment, Chubb
\nwill issue a commissioning certificate to the Customer stating the installation completion date.
\n3.4 Third Party Software. If the Equipment and\/or Security Services include the supply and installation of third party software, the Customer allows
\nChubb to act as the Customer\u2019s agent to perform the installation, including the acceptance of any applicable end user licence agreement with
\nsuch third party. The Customer (or the end user if the Customer is not the end user) remains at all times solely liable for compliance with any end
\nuser licence agreement required to use the software.
\n3.5 Warranty against defects. Chubb warrants that the Equipment will be free from defects for the Warranty Period and Chubb will perform all
\nWarranty Work to rectify such defects during the Warranty Period. The Customer shall inspect all Equipment upon delivery, and must, within five
\n(5) business days of delivery, give notice to Chubb if the Equipment or any part thereof is not in accordance with this CSA. If the Customer
\nexperiences any operational faults or defects in the Equipment during the Warranty Period, the Customer must contact Chubb as soon as possible
\nto permit Chubb to carry out the Warranty Work. Any Equipment or part thereof that is proved to be defective will be repaired or replaced by Chubb
\nat its option, at no cost to the Customer. The Customer acknowledges and agrees that the Equipment warranty provided under this CSA does not
\ncover:
\n(a) any defect, fault, damage or malfunction caused by the Customer\u2019s failure to regularly maintain and test the Equipment in accordance with
\nthe applicable Australian Standards and the manufacturer’s recommendations;
\n(b) fair wear and tear;
\n(c) any defect, fault, damage or malfunction caused by the Customer’s negligence, fault, neglect, abuse or incorrect installation, connection or
\nuse of the Equipment or as a result of vandalism, fire, water damage, network disruptions, power surge, lightning, electrical storm or any
\nother circumstance outside of Chubb’s control or that of the manufacturer;
\n(d) any defect, fault, damage or malfunction caused by the Customer\u2019s failure to replace consumables required for the use and operation of the
\nEquipment (such as, without limitation, batteries or light bulbs); or
\n(e) any actual or attempted unauthorised repair, modification, removal or reinstallation of, interference with or work on, the Equipment by any
\nperson other than Chubb.
\nWarranty Work will be performed when reasonably requested by the Customer during Standard Hours unless otherwise agreed. Chubb will not
\nbe liable to the Customer for any claims made for injury, loss or damage to any person, resulting from Chubb\u2019s failure to provide the Warranty
\nWork if the Customer fails to give Chubb access to the Site. If, after the expiry of the Warranty Period, the Customer requests (either in person,
\nin writing or via telephone) Chubb to diagnose and rectify a defect, fault or malfunction in the Equipment, Chubb may charge the Customer a fee
\nfor such diagnosis, rectification or advice at its standard rates published by Chubb from time to time.
\nThe warranty against defects under this clause is provided in addition to the consumer guarantees that may apply pursuant to clause 6. This
\nwarranty is provided by Chubb Electronic Security, a division of Chubb Fire & Security Pty Ltd (ACN 000 067 541). Registered office: 1A, 21 \u2013
\n23 South Street, Rydalmere, New South Wales 2116, Australia. Phone: 13 15 98. Website:
\nhttps:\/\/www.chubbfiresecurity.com\/en\/au.
\nFor the avoidance of doubt, this clause 3.5 does not apply to any Pre-Existing Equipment.
\n3.6 Equipment returns. Subject to the provisions of this clause and to the extent permitted by applicable law, Chubb reserves the right to decline the
\nreturn of Equipment, including without limitation, returns for change of mind (except where clause 2 of this CSA applies), or where the Equipment
\nwas specifically procured or designed, in whole or in part, for the Customer.
\nChubb may accept Equipment returns for refund, repair or credit if the Equipment is defective, if Chubb has incorrectly supplied the Equipment or
\nif the Equipment has been damaged in transit by Chubb’s carrier. The Customer may not return any Equipment without obtaining prior written
\nauthorisation and instructions from Chubb. Except for defective Equipment, Equipment incorrectly supplied or damaged in transit by Chubb\u2019s
\ncarrier, any other Equipment that Chubb has authorised to be returned shall be subject to a restocking fee payable by the Customer calculated
\nas 15% of the price of the Equipment or $20.00 (whichever is greater) and in such event, all freight charges for the Equipment returned for credit
\nshall be prepaid by the Customer unless otherwise approved by Chubb in writing.
\n3.7 Provision of Security Services. Chubb will provide the Security Services to the Customer for the Term. Preventative Maintenance and Event
\nReports Services will be carried out within the Standard Hours. If, at any time during the Initial Term, Chubb becomes unable to provide the
\nSecurity Services to the Customer due to reasons or circumstances beyond Chubb\u2019s control, Chubb will notify the Customer as soon as reasonably
\npracticable and, at the election of the Customer, either refund any Fees paid for those Security Services which cannot be provided, or terminate
\nthis CSA with immediate effect and waive the payment of any Early Termination Fees (provided that where a Security Service is no longer being
\nprovided by Chubb, that Security Service was elected by the Customer at the time of the Agreement Date). For the avoidance of doubt, the
\nCustomer will still be required to pay to Chubb any Fees due and payable on account of Security Services performed up to the date of the
\ntermination.<\/p>\n

4. CUSTOMER\u2019S OBLIGATIONS<\/strong>
\n4.1 Payment. In consideration of Chubb supplying the Equipment, the Equipment Installation, the Warranty Work and\/or Security Services, the
\nCustomer shall pay the Fees to Chubb as specified in this CSA and as amended from time to time in accordance with clause 11.9 without any
\nset-off or deduction.
\n4.2 Customer Site.
\n(a) Safety. The Customer is liable to ensure the Site will at all times be a safe working environment for Chubb\u2019s employees, contractors, agents
\nand authorised representatives and (without limitation) does not contain asbestos or similar hazards or any infections or building diseases.
\nThe Customer must notify Chubb in advance of any unsafe condition at the Site that may affect the performance of work at the Site. Chubb
\nreserves the right to refuse to perform any work at the Site (including without limitation Equipment Installation, Preventative Maintenance, or
\nWarranty Work) without any liability to the Customer, if in Chubb\u2019s reasonable opinion the Site is not a safe working environment, until such
\ntime as the Site has been made safe at the Customer\u2019s cost (including professional removal of all asbestos product from that part of Site
\nwhere asbestos is present). Any such delay or suspension of the Warranty Work, Equipment Installation and\/or Security Services will not
\nconstitute a breach of this CSA and will entitle Chubb to an extension of time to complete the required work. The Customer shall not be
\nentitled to claim any liquidated damages (whether liquidated or unliquidated) by reason of such delay or suspension and will be solely liable
\nfor any damage, loss or cost incurred or suffered as a result thereof (including without limitation, the failure of fire alarm monitoring equipment,
\ntelecommunication carrier lines, power supply, costs relating to Emergency Services charges, or relocation of any equipment).
\n(b) Pre-existing utilities. The Customer shall identify and notify Chubb of, either verbally or in writing, the location of any existing services,
\nconcealed pipes, wires and cables for water, gas, electricity, telephone or other services affecting the Site. In the absence of such notice,
\nChubb will have no liability to the Customer for any delay, cost, loss or damage arising from the location of such services (including any
\ndamage thereto) or any consequence resulting directly or indirectly from such delay, cost, loss or damage (including without limitation, any
\nloss of production, loss of contract, loss of profit or income or any financial loss), and the Customer hereby agrees to indemnify Chubb and
\nkeep Chubb indemnified against any claim whatsoever for any loss or liability of any nature under this clause.
\n(c) Access. The Customer must procure free, continuous and unobstructed access to the Site during Standard Hours to enable Chubb to provide
\nthe Warranty Work, Equipment Installation and\/or Security Services. If access is delayed, impeded or interrupted, additional charges may
\napply and will be payable by the Customer to Chubb. The Customer shall ensure that its employees, agents, invitees and other contractors
\nshall not interfere with or disrupt, delay or hinder Chubb, its employees, agents, subcontractors, agents or other persons engaged by Chubb
\nor prevent them from carrying out their work or cause them to incur additional cost, and reasonably cooperate with Chubb and its employees,
\nagents and subcontractors.
\n(d) Facilities. The Customer shall provide adequate facilities at the Site at no cost to Chubb, including parking, lavatories, power, lifting equipment,
\nscaffolding, scissor lifts, and rubbish removal skips.
\n4.3 Equipment maintenance. The Customer must carry out regular monthly testing of the Equipment and\/or Pre-Existing Equipment and its
\nconnection, comply with all operating and maintenance instructions and applicable Australian Standards for the Equipment and\/or Pre-Existing
\nEquipment, and otherwise do all things reasonably required to maintain the Equipment and\/or Pre-Existing Equipment in good working condition.
\nAustralian Standards recommend the servicing of Equipment at least once every twelve (12) months in order to maintain it in effective working
\ncondition.
\n4.4 Equipment operation. The Customer must not place any direct or indirect obstacles in front of the Equipment or Pre-Existing Equipment as such
\naction will either partially or completely restrict the effectiveness of the Equipment or Pre-Existing Equipment.
\n4.5 User training. The Customer must ensure that all of its authorised users have received adequate training in the use of the Equipment and\/or Pre-
\nExisting Equipment before its operation and undertake to ensure that any additional authorised users receive similar training and if applicable, to
\npay Chubb\u2019s reasonable fees for this training. The Customer shall promptly arrange for its authorised users to be fully conversant with the
\nprocedures contained in any manuals or guides for the Equipment, the Pre-Existing Equipment and the Security Services, whether or not issued
\nby Chubb, and undertakes to ensure that additional authorised users are also made fully conversant with these procedures. The Customer will
\npromptly notify Chubb if the Customer or any of its authorised users have any difficulty in understanding or implementing the provisions contained
\nin any owner\u2019s guide for the Equipment or user guides for the Security Services that may be issued by Chubb. Without limiting the foregoing, the
\nCustomer shall also ensure that all of its authorised users are fully aware of the Monitoring Instructions and the provisions of clause 5 below.
\n4.6 Notifications to Chubb. Without prejudice to any other provision of this CSA, the Customer must provide Chubb with all data, documents,
\nspecifications and information as may be requested by Chubb to enable Chubb to fulfil its obligations under this CSA and must promptly notify
\nChubb in the following cases:
\n(a) if any defect, fault or malfunction in the Equipment or Pre-Existing Equipment is discovered at any time during the Term, including during or
\nafter testing;
\n(b) if the use, characteristics or layout of the Site changes from that existing at the Agreement Date;
\n(c) if any line of telecommunication (including without limitation, telephone lines and\/or digital mobile communication) is disconnected, severed
\nor disabled for any reason, accidentally, negligently, maliciously or otherwise; or
\n(d) if any break-in or attempted break-in occurs the Site.
\n4.7 Customer acknowledgments. The Customer acknowledges and agrees that:
\n(a) the Fees are based on the value of the Equipment and\/or the Security Services and are not related to the value or nature of the Customer\u2019s
\nproperty or the property of others located on the Site;
\n(b) Chubb is not an insurer and any insurance against loss or damage to property, business interruption and personal injury must be obtained by
\nthe Customer at its own cost; the Customer acknowledges and agrees that the Security Services and installation of the Equipment at the Site
\nare not and cannot be guaranteed to deter or prevent unauthorised entry, personal injury or loss or damage at the Site; in addition to effecting
\nand maintaining suitable insurance coverage, it is the Customer\u2019s sole responsibility to exercise at all times all reasonable precautions that
\ncan be expected from a prudent and diligent owner, controller, manager or occupier of premises;
\n(c) the performance of the Equipment, the Pre-Existing Equipment and\/or the Security Services can be affected by equipment and
\ntelecommunication services which are provided to the Customer by Carriers or other third party providers. Without limiting clause 16, Chubb
\nshall have no liability to the Customer for Equipment, Pre-Existing Equipment or Security Services performance issues which are attributable
\nto equipment and\/or services not supplied by Chubb; in particular, the Customer acknowledges and agrees that Chubb will not be able to
\nprovide the Security Services until such time as the telephone line communication and\/or digital mobile communication or network is restored;
\n(d) there are varying levels of line integrity between different Monitoring technologies and the Customer has elected to utilise the technology
\nspecified in the CSA (Part D);
\n(e) in respect of digital dialler line based monitoring, Chubb will not be aware of a communications failure if the telephone line is severed or
\ndisabled between Chubb and the security panel in the Equipment or Pre-Existing Equipment, until the next time the panel is programmed to
\nsend a test System Event to Chubb;
\n(f) a \u201cline fail\u201d System Event may indicate malicious damage to the telephone line connecting the Site to Chubb and may indicate a break-in or
\nother unlawful activity at the Site;
\n(g) if a digital dialler is fitted to the Equipment or Pre-Existing Equipment, it is programmed to send regular test System Events to Chubb\u2019s
\nmonitoring centre;
\n(h) the Customer is solely liable for the costs and charges of all power, telephone, data usage, connections and any other telecommunications
\nequipment and\/or services required for the performance of the Equipment, Pre-Existing Equipment and\/or the Security Services;
\n(i) the performance of the Equipment, the Pre-Existing Equipment and\/or the Security Services may be affected by environmental conditions
\n(separately or in any combination) such as weather (including, without limitation, rain, wind, storms and lightning), temperature, geographical
\nlocation, humidity, dust, dirt, debris, insects, the presence of pets or other animals; Chubb is not liable in any way to the Customer for any
\ndefect, fault, damage or malfunction of the Equipment, Pre-Existing Equipment or Security Services caused by or contributed to by such
\nenvironmental conditions;
\n(j) the Customer is solely liable for ensuring that its actual or proposed use of Security Services and associated Equipment or Pre-Existing
\nEquipment complies with all applicable laws and regulations, including, without limitation, those pertaining to surveillance and the privacy of
\nindividuals in which the monitored premises are located, and if required must ensure it has obtained the consent from all relevant persons,
\nand displayed appropriate notices. The Customer shall indemnify Chubb and keep Chubb indemnified at all times against any claim, demand,
\nliability, proceedings, loss, damage, cost or expense by any party arising in any way out of or in connection with any alleged or actual breach
\nof such laws and regulations; and
\n(k) the Customer acknowledges and agrees that Equipment and Security Services connected to the internet, third party networks or peripheral
\ndevices (such as, without limitation, USB) are at risk of malicious cyber-attacks or malware and must take adequate precautions to minimize
\nthese threats and mitigate their consequences; Chubb shall not liable in any way to the Customer for any damage, loss or malfunction of the
\nEquipment, Pre-Existing Equipment or Security Services or any other loss, damage, cost or expense directly or indirectly caused by or
\ncontributed to by such malicious cyber-attacks or malware.<\/p>\n

5. SPECIAL CONDITIONS<\/strong>
\n5.1 Provisions applicable to all Monitoring services and Preventative Maintenance
\n(a) The Customer acknowledges that any security system (including any Pre-Existing Equipment and Equipment supplied and\/or installed by
\nChubb for the purpose of Monitoring) must be Decommissioned upon termination of this CSA for any reason, otherwise the Customer may
\ncontinue to incur telephone or telecommunications charges. The Customer acknowledges and agrees that it is the Customer\u2019s sole
\nresponsibility to decommission the Equipment or Pre-Existing Equipment and that the cost of Decommissioning is not included in the Fees.
\nShould the Customer request Chubb to carry out the Decommissioning of the Pre-Existing Equipment or the Equipment, the provisions of
\nclause 7 will apply.
\n(b) The Customer acknowledges and agrees that:
\n(1) Chubb will not take any action on receiving a System Event except as specifically and explicitly directed by the Customer in the Monitoring
\nInstructions;
\n(2) the Customer is solely responsible to ensure that the Monitoring Instructions to Chubb are at all times accurate, consistent, current,
\ncorrect and tailored to suit the Customer\u2019s individual requirements;
\n(3) Chubb will use all due care and skill to comply with the Monitoring Instructions;
\n(4) any expenses charged by any Emergency Services notified by Chubb in accordance with this CSA must be paid by the Customer
\n(including, without limitation, any false alarm); and
\n(5) Emergency Services will not be contacted unless specifically and explicitly directed in the Monitoring Instructions and then only in a
\nmanner consistent with prevailing Emergency Services procedures relevant to the location of the Site. The Customer is hereby advised
\nthat in some Australian locations, Emergency Services may only attend in limited circumstances which may change from time to time
\noutside of Chubb\u2019s control. Where the Monitoring Instructions and prevailing Emergency Services protocols conflict, the Emergency
\nServices protocols shall prevail every time, and in such event Chubb will not be liable in any way to the Customer for failure to comply
\nwith the Monitoring Instructions;
\n(c) if the Monitoring Instructions contain conflicting or manifestly wrong information or are manifestly inconsistent with the Security Services, the
\nCustomer authorises Chubb to resolve the conflict, correct the wrong information or inconsistent Monitoring Instructions to the extent Chubb
\nis able and such corrected information or instructions shall then constitute the Monitoring Instructions to Chubb. Chubb will notify the Customer
\neither in writing or verbally of the corrected information as soon as practicable.
\n5.2 Provisions applicable to Alarm Response Services
\n(a) Alarm Response Services will be dispatched only in accordance with the Monitoring Instructions.
\n(b) Each Alarm Response Service will be charged at the Alarm Response Services Provider\u2019s standard rates for those services at the time of
\nrequest unless otherwise specified in the CSA (Part D). Current standard rates are available on request and generally comprise a call out flat
\nfee and a per minute charge rate for attendance at the Site.
\n(c) The Alarm Response Officer will, on attendance at the Site in response to a System Event:
\n(1) visually inspect all points of entry where access is unhindered;
\n(2) visually inspect all glazed areas on ground level where access is unhindered;
\n(3) report any observed security breaches to Chubb;
\n(4) implement nominated after hours instructions (if any);
\n(5) provide an attendance report to Chubb; and
\n(6) only if the Alarm Response Officer holds keys and codes for the Site, will also if and as directed in the Monitoring Instructions:
\n(i) inspect internal alarmed areas;
\n(ii) re-arm or re-set the alarm panel in the Equipment; and
\n(iii) if expressly instructed by the NC, use best endeavours to engage a Guard Service to resecure the Site at the Customer\u2019s cost.
\nPlacement of a guard will result in a minimum four (4) hour charge at standard rates applicable at the time.
\n(d) The Alarm Response Officer will not:
\n(1) apprehend offenders where there is a potential safety risk or enter an area of potential risk; or
\n(2) in cases where the Alarm Response Officer does not hold keys to the Site; will not enter the Site including entry through secured gates
\nor into areas where access cannot be gained, or re-arm the Equipment or Pre-Existing Equipment.
\n(e) Should the Alarm Response Officer detect a security breach or break and enter the Alarm Response Officer will:
\n(1) contact Chubb with details of the break and enter. Chubb will attempt to contact a NC to seek instructions;
\n(2) conduct a visual check of the break and enter area, if practical, lawful and instructed to do so attempt to secure the crime scene and
\nassist in ensuring potential evidence is not destroyed or compromised; and
\n(3) await the attendance of Emergency Services or the NC and not leave until authorised to do so by Chubb or the NC; and
\n(4) take appropriate action to minimise loss and\/or damage as per the NC\u2019s instructions and at the Customer\u2019s cost.
\n(f) Alarm Response Services are shared with other customers of Chubb and the Customer agrees and acknowledges that exceptionally busy
\nperiods and\/or unforeseen circumstances may occasionally prevent attendance at a Customer\u2019s premises.
\n5.3 Provisions applicable to IP Monitoring
\n(a) IP Monitoring is connected to either the Customer\u2019s network or virtual private network. The service meets the requirements of AS 2201.5 Part
\n3.8 with regards to signalling security.
\n(b) The IP Monitoring Interface sends the Customer\u2019s security data to Chubb using a network service. Typically this service is delivered using
\none of the following technologies: ADSL, cable modem, satellite, wireless broadband or frame relay. If the network connection is inoperable,
\nimpaired, congested, or if the Customer is in an area with restricted network access, then the data delivery may be affected.
\n(c) During installation and Commissioning, all reasonable care will be taken by Chubb to not affect the overall operability of the Customer\u2019s
\nnetwork.
\n(d) It is the Customer\u2019s responsibility to configure and provide all necessary IP network requirements prior to Chubb attending the Site.
\n(e) If the IP Monitoring Interface is not transmitting any data (e.g. alarm and polling messages) over the primary network for any reason (including
\ncongestion or failure of the Customer\u2019s network), the data will only be transmitted if the security system has dual path capabilities and is
\nconfigured for backup. The security system will not be monitored by Chubb until at least one communication link has been restored.
\n(f) The IP Monitoring Interface is regularly polled by Chubb to ensure alarm path integrity. If the Customer does not have the required bandwidth
\navailable or bandwidth is reduced, the data (e.g. alarm and polling messages) may be delayed or lost.
\n(g) The Customer is responsible for all the Telecommunication Network charges (including bandwidth consumption and excess usage charges)
\nassociated with the use of IP Monitoring Interface.
\n(h) Should the Customer make changes to any Telecommunications Network settings which disrupt the IP Monitoring Interface\u2019s data
\ntransmission and as a result a technician is required to rectify the Security Services, Chubb\u2019s standard fees relating to a call out will apply
\nand are payable by the Customer in addition to the Fees.
\n(i) In the unlikely event of the IP Monitoring Interface affecting the Customer\u2019s Telecommunications Network, which may share the same network
\nas other services, Chubb is not liable for any loss or damage, including consequential losses, caused by any Telecommunications Network
\nfailure, corruption or downtime.
\n5.4 Provisions applicable to Wireless Alarm Monitoring
\n(a) If the Customer has elected Wireless Alarm Monitoring (CSA Part D), Chubb will provide the Security Services via a cellular mobile
\nTelecommunications Network.
\n(b) The Customer acknowledges that the provision of Wireless Alarm Monitoring by Chubb may be interrupted and may not be error free.
\n(c) Chubb shall not be liable for any loss or damage sustained or incurred by the Customer in the course of Chubb providing the Wireless Alarm
\nMonitoring as a result of or in relation to the failure to receive or transmit any data or the receipt or transmission of incorrect data relating to
\nor resulting from, whether directly or indirectly, any defect, error or malfunction in the Telecommunications Network.
\n(d) The Customer agrees to use the SIM Card(s) provided by Chubb, unless otherwise agreed by Chubb.
\n(e) The Customer acknowledges that the SIM Card(s) provided as part of the Wireless Alarm Monitoring will at all times remain the sole property
\nof Chubb, and that nothing in this CSA shall confer upon the Customer any right of property or interest in, or title to, the SIM Card(s) and that
\nChubb will cancel the SIM Card(s) in the event that the Equipment or Pre-Existing Equipment is Decommissioned for any reason.
\n5.5 Provisions applicable to Smoke Alarm Services
\nWhere the Customer has elected Smoke Alarm Services (CSA Part D), and a smoke detector alarm System Event is received, subject to clause 5.1(d)
\nChubb will use reasonable endeavours to contact the fire brigade if the Customer has specifically and explicitly requested such Emergency Services
\nprocedures as part of the Monitoring Instructions.
\nThe Customer acknowledges that smoke detector devices:
\n(a) are intended only to provide an early warning system in the event of fire or smoke;
\n(b) are not intended for the purposes contemplated by, and do not comply with, AS1670.1-2004 Fire Detection, Warning Control and Intercom
\nSystems, the Building Code of Australia and applicable legislation and Australian standards relating to fire alarm equipment and installation;
\n(c) must be serviced in accordance with the manufacturer\u2019s specifications, and that it is solely the responsibility of the Customer to arrange such
\nservicing. Chubb, on the written request of the Customer, can arrange servicing of the smoke detection equipment for an additional fee
\npayable by the Customer; and
\n(d) are not lifesaving equipment and must not be relied on by the Customer for the purposes of meeting any obligation under any Commonwealth
\nor State legislation, Australian standards, local regulations or the Building Code of Australia or for insurance purposes.
\n5.6 Provisions applicable to Video Monitoring
\nIf Video Monitoring (CSA Part D) is selected by the Customer:
\n(a) The Customer acknowledges and agrees that the quality of video images and video clips transmitted over the Telecommunication Network
\nmay not be clear or devoid of ambiguity and may not be interpreted or analysed correctly. While Chubb has highly trained operators and will
\nuse reasonable endeavours to interpret video images in order to determine the most appropriate course of action in accordance with the
\nCustomer\u2019s instructions, this interpretation cannot be and is not guaranteed to be free of errors.
\n(b) The Customer acknowledges that the provision of the Video Monitoring service by Chubb may be interrupted and not available at certain
\ntimes due errors or malfunctions in the Telecommunication Network.
\n(c) The Customer acknowledges that video images and video clips viewed by our operators in some cases may not be clear or sufficient to
\ncorrectly, adequately, fully or accurately verify the nature of site generated alarms. In such event, Chubb will implement its standard
\nprocedures for normal (non-video) alarm response.
\n(d) The Customer hereby acknowledges and agrees that Chubb shall in no event be liable for:
\n(1) any claim, injury, loss, cost, expense or damage sustained or incurred by the Customer or any third party arising directly or indirectly
\nout of or in connection with any defect, error or malfunction in the Telecommunication Network in the course of Chubb providing the
\nVideo Monitoring; or
\n(2) any claim, injury, loss, cost, expense or damage sustained or incurred by the Customer or any third party arising directly or indirectly
\nout of or in connection with Chubb\u2019s errors in the interpretation of video images.
\n5.7 Provisions applicable to Mobile Device Duress Alarm Services
\nA. Definitions
\nAlert means the security alert which is transmitted from the Application to the Security Services
\nApplication means the application downloaded by the End User to send an Alert
\nDevice means any compatible mobile device using authorised iOS or Android operating systems upon which an End User downloads and
\ninstalls the Application. It excludes any items that connect to the End User\u2019s device.
\nEnd User means the relevant persons nominated by the Customer to use the Application
\nB. If Mobile Device Duress Alarm Services are selected by the Customer, the Customer:
\n(a) acknowledges and agrees that a duress System Event will not result in automatic notification to Emergency Services or their attendance at
\nthe Site;
\n(b) acknowledges the Security Services rely on Google Maps to indicate the location of an End User and the Customer and End User agree to
\nbe bound by Google\u2019s terms of use as updated from time to time;
\n(c) agrees and accepts the terms of the end user licence agreement for the Application;
\n(d) acknowledges and agrees that it is the End User\u2019s responsibility to:
\ni) ensure the Device is compatible with the Application and is in good working order;
\nii) configure the Device to work with the Application including without limitation, having location services turned on to enable all networks
\nto locate the End User\u2019s position in the event that the End User sends an Alert;
\niii) organise necessary related services from the End User\u2019s telecommunications carrier including without limitation paying for any charges
\nrelated to the use of the Device even if those charges arise as a result of using the Application;
\niv) install all updates of the Application to ensure the End User is using the current version. Chubb will not be liable for failures in the
\nApplication as a result of failure to install updates;
\nv) ensure that following an Alert being raised the End User does not use the End User\u2019s Device (including making or receiving any non-
\nemergency services calls, or using any other applications on the Device) until the End User has received a voice communication to
\nthe Device from the monitoring centre . Any use of the End User\u2019s Device may prevent the monitoring centre making voice
\ncommunication with the End User and may lead to an escalated response; and
\nvi) in the case of a genuine Alert, if the End User does not receive a voice communication to the Device within 3 minutes, the End User
\nmust assume that the monitoring centre has not received notice of the Alert and the End User should contact emergency services to
\nrespond.
\n(e) understands and agrees that the receipt of the Alert by the Security Service and the monitoring centre and subsequent monitoring centre
\nservice response time may be impacted by network coverage, software issues, hardware issues, communication and any number of other
\ntechnical issues. Chubb will not be responsible for any failure of the Application to send an Alert to the Security Service or the monitoring
\ncentre and will not be liable for any loss suffered by the Customer or End User as a result.
\n(f) understands and agrees that the Application is intended to provide an Alert to the monitoring centre for a response the End User\u2019s personal
\nsafety or the personal safety of another. It is expected that the End User will use the Application when the End User\u2019s safety is threatened,
\nor the End User requires first aid or security assistance, or the End User is seeking assistance for another person. The Application and
\nSecurity Service cannot be relied upon to provide a lifesaving emergency response. In the event of an emergency, the End User should call
\nthe local emergency services number immediately.
\n(g) understands and agrees that where an Alert has been triggered:
\ni) when the monitoring centre receives an Alert from the Application via the End User\u2019s Device, the monitoring centre will attempt to send
\na voice communication to the Device where the Application is running and otherwise respond in accordance with the instructions
\nprovided by the Customer detailing the required response, in alignment with the Australian Standard AS2201.2;
\nii) if the monitoring centre is unable to respond to an Alert within such period as the monitoring centre considers appropriate in the
\ncircumstances, the monitoring centre will take such action as it considers reasonably necessary to respond to the Alert;
\niii) when and if necessary, the monitoring centre will provide the last known location of the Application and Device and vicinity to the
\nemergency services and any emergency contacts; and
\niv) in a case of an Alert two-way voice communication with the End User\u2019s Device will be used as the primary source of information by the
\nmonitoring centre to guide the Alert response and accordingly the End User must ensure the End User\u2019s Device is available for and able
\nto receive two-way voice communication.
\n(h) agrees that upon the expiration or termination of this Agreement for any reason:
\ni) The Customer and End Users must cease using the Application and monitoring centre services; and
\nii) The Customer and End Users must promptly destroy or erase (as applicable), all materials containing the Application in the Customer\u2019s
\nor End User\u2019s possession, custody or power, and provide Chubb with evidence of compliance with this clause if requested; and
\niii) Customer and End User access will be blocked and the Customer and End Users will not be able to access the Application or monitoring
\ncentre services.
\n5.8 Provisions applicable to GPS Location Monitoring Services
\nIf GPS Location Monitoring (CSA Part D) is selected by the Customer:
\n(i) GPS Location Monitoring uses the Global Positioning System space-based navigation system to locate the Customer and a
\ntelecommunications network to transmit the System Events to Chubb\u2019s monitoring centre.
\n(j) The Customer acknowledges that the provision of GPS Location Monitoring by Chubb may be interrupted and may not be error free.
\nChubb Fire & Security Pty Ltd t\/a Chubb Electronic Security CSA Standard Terms & Conditions \u2013 Rev. March 2021
\n(k) Chubb shall not be liable for any loss or damage sustained or incurred by the Customer in the course of Chubb providing the GPS Location
\nMonitoring as a result of or in relation to the failure to receive or transmit any data or the receipt or transmission of incorrect data relating to
\nor resulting from, whether directly or indirectly, any defect, limitation, error or malfunction in the Telecommunications Network.
\n5.9 Provisions applicable to Interactive Services
\nIf the Interactive Services (CSA Part D) are selected by the Customer:
\n(a) The Customer acknowledges that the Interactive Services requires the installation and\/or activation of compatible Chubb Equipment and:
\n(1) to access the Interactive Services via the web portal, a compatible computer, smart phone or tablet with internet and e-mail access;
\nand\/or
\n(2) to access the Interactive Services via the Chubb App, a compatible smart phone or tablet with internet and e-mail access.
\n(b) The Customer acknowledges and agrees that if enabled by the Customer, the Interactive Services may use location-based services to locate
\nthe Customer.
\n(c) If the Interactive Services include video cameras, the video images and video clips captured by such cameras may only be viewed by the
\nCustomer for a limited time, based on the quantity of storage ordered by the Customer.
\n(d) The Customer acknowledges and agrees that Chubb may use the services of third party providers to deliver part or all of the Interactive
\nServices. These providers may store the video images and video clips captured by the compatible Equipment on their own servers and in
\ntheir data centres.
\n(e) The Customer acknowledges and agrees that the quality of video images and video clips may be affected by, without limitation, lighting
\nconditions and bandwidth limitations and may not be clear at all times.
\n(f) The Customer acknowledges that the video images and video clips captured, may be interrupted and not available at certain times due errors
\nor malfunctions in the Customer\u2019s local network or Telecommunication Network.
\n(g) The Customer acknowledges that video images and video clips will not be viewed by or visible to Chubb\u2019s operators and that they will not
\nuse video captured by the system to verify the nature of site generated alarms.
\n(h) The Customer hereby acknowledges and agrees that Chubb shall in no event be liable for any claim, injury, loss, cost, expense or damage
\nsustained or incurred by the Customer or any third party arising directly or indirectly out of or in connection with any defect, limitation, error or
\nmalfunction in the Telecommunication Network in the course of Chubb providing the Interactive Services.
\n5.10 Provisions applicable to Duress Alarm Services
\nIf Duress Alarms (CSA Part D) are selected by the Customer, the Customer acknowledges and agrees that a duress System Event will not result
\nin automatic notification to Emergency Services or their attendance at the Site.<\/p>\n

6. WARRANTY \u2013 CONSUMER ONLY<\/strong>
\n6.1 This clause 6 only applies if the Customer is a consumer for the purposes of the Competition and Consumer Act 2010 (Cth).
\n6.2 Nothing in this CSA limits or excludes the application of the Competition and Consumer Act 2010 (Cth) including the Australian Consumer Law. If
\nthe Customer is a “consumer” as defined in the Australian Consumer Law, the consumer guarantees under the Australian Consumer Law apply
\nin addition to other rights and remedies of the consumer under applicable laws relating to the Equipment or Security Services and prevail over
\nthe provisions of clauses 3.5 and 3.6 to the extent of any inconsistency.
\nChubb’s goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the
\nservices, the Customer is entitled:
\n(a) to cancel the agreement with Chubb; and
\n(b) to a refund for the unused portion, or to compensation for its reduced value.
\n6.3 The Customer is also entitled to choose a refund or replacement for a major failure with goods. If a failure with the goods or a service does not
\namount to a major failure, the Customer is entitled to have the failure rectified in a reasonable time. If this is not done, the Customer is entitled to
\na refund for the goods and to cancel the agreement for the service and obtain a refund of any unused portion. The Customer is also entitled to
\nbe compensated for any other reasonably foreseeable loss or damage from a failure in the goods or services.
\n6.4 Where a failure occurs under clause 6.2 or 6.3, the Customer is entitled to submit a warranty claim by notifying Chubb (verbally or in writing) as
\nsoon as possible. The costs of return of any Equipment (including postage and packaging) will be at the Customer\u2019s expense, unless they are
\nsignificant. When returning the Equipment, the Customer must ensure it is properly packaged so that no damage occurs during transit, include
\nthe original or a copy of the proof of purchase and, where possible, an explanation of the problem. Where Chubb repairs the Equipment pursuant
\nto clause 6.2 or 6.3:
\n(a) Equipment presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may
\nbe used to repair the goods; and
\n(b) if the Equipment is capable of retaining user-generated data, the repair of the Equipment may result in the loss of the data.
\n7. VARIATIONS
\n7.1 If the Customer requests Chubb to provide Additional Services, the terms of the CSA will apply to the Additional Services and the Customer must
\npay for the Additional Services at the following rate(s):
\n(a) if Chubb has quoted an amount before providing the Additional Services, the amount quoted; and
\n(b) if Chubb has not given any quote, an amount calculated at Chubb’s standard rates for such Additional Services applicable at that time.
\n7.2 Chubb will provide an estimated time to complete the Additional Services based on the description of the likely Additional Services that will be
\nrequired.
\n7.3 Any variations to the Equipment and\/or Security Services required by the Customer must be agreed in writing by both parties prior to becoming
\neffective.
\n7.4 All additional costs arising from clause 7.1 above and any alteration to the specifications required by the Customer including any interruption or
\ndelays by the Customer, its employees, contractors, agents, invitees or any other trades or third parties not within the control of Chubb during the
\ncourse of work performed may result in additional charges including the reasonable costs of delay.
\n7.5 In the event that Chubb has agreed to deliver the Security Services by a date agreed between the parties and such delivery is delayed by the
\noccurrence of an Event or by any third party, or the Customer or its employees, contractors, agents or invitees, Chubb shall be entitled to a
\nreasonable extension of time to complete the Security Services and compensation for all additional costs reasonably incurred.<\/p>\n

8. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY<\/strong>
\n8.1 In this clause:
\n(a) \u201cIntellectual Property Rights\u201d means all current and future registered and unregistered rights in respect of copyright, designs, software, domain
\nnames, circuit layouts, trade names, trademarks, trade secrets, know-how, confidential information, patents, inventions and discoveries and
\nall other intellectual property as defined in article 2 of the Convention Establishing the World Intellectual Property Organisation 1967 (as
\namended from time to time) subsisting anywhere in the world in respect of the Equipment, the Security Services and any documentation,
\nrecord or material in any form or media (whether tangible or tangible) prepared or provided by Chubb under this CSA, and applications for
\nany of the foregoing; and
\n(b) \u201cConfidential Information\u201d means information, knowledge, technical or non-technical data, formulas, patterns, compilations, prototypes,
\nmodels, sample products, equipment, patent applications, concepts, ideas, Intellectual Property Rights, programmes, devices, methods,
\ntechniques, drawings, functional specifications, processes, financial data, financial plans, product or service plans or lists of actual or potential
\ncustomers or suppliers disclosed by one party (the \u201cDisclosing Party\u201d) to the other party (the \u201cReceiving Party\u201d) orally, visually, in writing or
\nother tangible forms, including any information obtained from a site visit to an engineering center and\/or factory or any information obtained
\nfrom or derived from the Confidential Information, as well as the terms of this CSA and the existence of the CSA.
\n8.2 Chubb retains all rights, title and interest subsisting in the Intellectual Property Rights. Chubb grants to the Customer a royalty-free, non-exclusive,
\nnon-transferrable, revocable licence to use the Intellectual Property Rights to the extent necessary for the purpose of using the Equipment and\/or
\nthe Security Services in accordance with the CSA. The Customer must not in any way modify, adapt or reverse-engineer the Equipment and\/or
\nthe Security Services.
\n8.3 All intellectual property rights in materials (including, without limitation, any specifications) supplied by the Customer at the commencement of this
\nCSA remain the property of the Customer. The Customer grants Chubb a perpetual, irrevocable, royalty free, non-exclusive licence to use,
\nreproduce and modify the Customer’s materials for any purpose related to this CSA.
\n8.4 If the Customer requests Chubb to use the Customer\u2019s materials for purposes of performing Chubb\u2019s obligations under the CSA, the Customer
\nagrees to indemnify Chubb and keep Chubb indemnified against any liability, cost, expense, loss or damage that Chubb may incur in connection
\nwith any and all claims, demands, actions or proceedings in relation to:
\n(a) any actual or alleged breach of any obligation (including confidentiality obligations) owed to any person; or
\n(b) any actual or alleged infringement of the intellectual property rights of any person.
\n8.5 Except as provided by clauses 8.2 and 8.3, the Receiving Party shall at all times during the Term of this CSA and after its termination:
\n(a) use its best endeavours to keep all Confidential Information confidential and accordingly not to disclose any Confidential Information to any
\nother person; and
\n(b) not use any Confidential Information for any purpose other than the performance of the obligations under this CSA.
\n8.6 Confidential Information may be disclosed by the Receiving Party to:
\n(a) any customers or prospective customers;
\n(b) any governmental or other authority or regulatory body; or
\n(c) any directors, officers, employees, agents, contractors or advisers of the Receiving Party,
\nto such extent only on a need-to-know basis as is necessary for the purposes contemplated by this CSA, or as is required by law and subject in
\neach case to the Receiving Party using its best endeavours to ensure that the person in question keeps the same confidential and does not use
\nthe same except for the purposes for which the disclosure is made.
\n8.7 Confidential Information may be used by the Receiving Party for any purpose, or disclosed by the Receiving Party to any other person, to the
\nextent only that:
\n(a) it is at the date hereof, or hereafter becomes, public knowledge through no fault of the Receiving Party (provided that in doing so the Receiving
\nParty shall not disclose any Confidential Information which is not public knowledge); or
\n(b) it can be shown by the Receiving Party, to the reasonable satisfaction of the Disclosing Party, to have been known to it prior to its being
\ndisclosed by the Disclosing Party to the Receiving Party.
\n8.8 Neither party shall advertise, make any public announcement or make any representation to any media representative about:
\n(a) this CSA;
\n(b) the performance of this CSA by any party;
\n(c) any matter related to this CSA; or
\n(d) any other party (including the manufacturer of the Equipment, if applicable, and any Related Body Corporate of a party),
\nwithout the prior written consent of the other party.<\/p>\n

9. CREDIT INFORMATION<\/strong>
\n9.1 Chubb may obtain information about the Customer\u2019s creditworthiness on terms which attract the operation of the Privacy Act 1988 (Cth). By
\nentering into this CSA, the Customer specifically agrees and acknowledges that:
\n(a) to the extent permitted by law, Chubb may give to and seek personal information from a credit reporting agency about the Customer and the
\nCustomer\u2019s credit arrangements including without limitation:
\n(1) information contained in this CSA or in any credit application made with Chubb in relation to this CSA;
\n(2) the Customer\u2019s name, sex, date of birth, current address and last two addresses, current or last known employer and driver\u2019s license
\nnumber;
\n(3) the amount of credit the Customer has applied for;
\n(4) payments which may become more than sixty (60) days overdue;
\n(5) advice that payments are no longer overdue;
\n(6) a serious credit infringement which Chubb believes the Customer has committed;
\n(7) the discharge of the Customer\u2019s credit facility or this CSA;
\n(8) that the Customer has drawn cheques for $100.00 or more which have been dishonoured more than once; and
\n(9) that court judgments and\/or bankruptcy orders have been made against the Customer.
\n(b) Chubb may obtain from a credit reporting agency a credit report containing personal credit information about the Customer, and a credit report
\ncontaining information about the Customer\u2019s commercial credit worthiness;
\nChubb Fire & Security Pty Ltd t\/a Chubb Electronic Security CSA Standard Terms & Conditions \u2013 Rev. March 2021
\n(c) Chubb may give to and obtain from any credit provider(s) that may be named in a credit report held by a credit reporting agency, information
\nabout the Customer\u2019s personal or commercial credit arrangements including information about the Customer\u2019s:
\n(1) creditworthiness;
\n(2) credit standing;
\n(3) credit history; or
\n(4) credit capacity.
\n(d) to the extent permitted by law, Chubb may use any credit report obtained by Chubb for the following purposes:
\n(1) to assess the Customer\u2019s credit application;
\n(2) to collect payments that are overdue;
\n(3) to notify a credit provider if the Customer breaches this CSA;
\n(4) to exchange personal information with other credit providers as to the status of the Customer\u2019s account where the Customer is in breach
\nof a contract with a credit provider;
\n(5) to assess the Customer\u2019s creditworthiness;
\n(6) to allow a credit reporting agency to create a file about the Customer;
\n(7) to administer the Customer\u2019s account;
\n(8) any other purpose permitted or required by law.
\n9.2 The Customer authorises Chubb to exchange personal information with:
\n(a) any person or organisation named by the Customer in the credit application, CSA or provided from time to time; and
\n(b) any Related Body Corporate and any third party (such as subcontractors) which service the Customer\u2019s account and\/or this CSA.
\n9.3 The Customer\u2019s consent and acknowledgment in this clause 9 will remain in force until the full amount owing to Chubb under this CSA is paid.
\n9.4 If at any time during the Term, Chubb assesses the Customer\u2019s creditworthiness under this clause 9 and determines in its absolute discretion that
\nthere are reasonable grounds for believing the Customer will be or become unable to pay the Fees due under this CSA, Chubb may terminate
\nthis CSA with immediate effect by written notice to the Customer.<\/p>\n

10. PRIVACY<\/strong>
\n10.1 Chubb is committed to protecting the Customer\u2019s personal information and safeguarding his\/her privacy in accordance with applicable laws. Chubb
\nwill take reasonable steps to protect personal information from misuse, interference, loss and from unauthorised access, modification or disclosure.
\nWhen the Customer\u2019s personal information is no longer needed, and when Chubb has ceased to be legally obliged to retain the information,
\nChubb will take reasonable steps to ensure that the information is destroyed or de-identified.
\n10.2 Chubb collects the Customer\u2019s personal information such as the Customer\u2019s name, address (including e-mail address), telephone number(s), and
\nif required the names, addresses (including e-mail addresses) and telephone number(s) of the Customer\u2019s Nominated Contacts for the purpose
\nof providing the Customer with the Security Services and administering the CSA.
\n10.3 Chubb may collect personal information about the Customer from other sources, such as a credit reporting agency or financial institution to
\nascertain the Customer\u2019s creditworthiness in accordance with clause 9.
\n10.4 If the Customer does not provide Chubb with the information requested, it will affect or prevent Chubb\u2019s ability to effectively provide the Customer
\nwith the Security Services, and Chubb may elect to terminate the CSA. The Customer must actively cooperate with Chubb to ensure that all
\npersonal information of the Customer held by Chubb is accurate, up-to-date, complete, relevant and not misleading.
\n10.5 By entering into this CSA, the Customer agrees and acknowledges that Chubb may:
\n(a) forward to the Customer from time to time promotional material and information regarding any of its security goods and services, unless the
\nCustomer requests Chubb (either by phone, e-mail, letter of facsimile) to stop using the Customer\u2019s personal information for the purpose of
\ndirect marketing; and
\n(b) disclose the Customer\u2019s personal information to other organisations (including without limitation, Related Bodies Corporate, Emergency
\nServices, service providers and government bodies and entities) that assist Chubb in the provision of the Security Services.
\n10.6 If the Customer has provided Chubb with personal information about another person (including any of the Customer\u2019s Nominated Contacts), the
\nCustomer must inform that person that personal information has been supplied to Chubb, the reason why it has been supplied and that they can
\ncontact Chubb to obtain access to or update or correct their personal information.
\n10.7 The Customer may access, correct or update his or her personal information held by Chubb at any time upon request.
\n10.8 Chubb\u2019s privacy notice contains information about how an individual may complain about a breach of the APPs and an applicable APP Code, and
\nhow Chubb will deal with the complaint. To obtain a current copy of Chubb\u2019s privacy notice, access or update the personal information Chubb
\nholds regarding the Customer or to advise that the Customer no longer wishes to receive further marketing information, contact:
\nChubb Privacy Officer, Locked Bag 2007, North Ryde BC NSW 1670 or Privacy.Officer@chubb.com.au<\/p>\n

11. FEES AND PAYMENT<\/strong>
\n11.1 Unless otherwise agreed in writing, a quotation provided by Chubb shall remain valid for acceptance up to thirty (30) days from the quotation date.
\n11.2 Chubb will invoice the Customer for the Fees specified in this CSA as amended from time to time in accordance with clause 11.9, and in
\naccordance with any specific pricing and payment terms in Parts C, D, and \/ or F herein.
\n11.3 The Customer agrees to pay Chubb the amount specified in the invoice within thirty (30) days of the date of invoice without set-off, deduction or
\ndiscount of any kind.
\nWhere Optional Equipment Installation has been elected:
\n(a) the Customer agrees to pay to Chubb a non-refundable deposit of twenty percent (20%) of the total Fees payable under this CSA within
\nfourteen (14) days of the date of this CSA, or if installation works are to commence prior to fourteen (14) days elapsing, then upon
\ncommencement of the works; and
\n(b) each progress payment invoice is due and payable within seven (7) days of the date of invoice.
\n11.4 Should the Customer fail to the Fees when or before they become due in accordance with this CSA, Chubb shall have the right to charge interest
\non the outstanding amount at either:
\n(a) the rate published by the Commonwealth Bank of Australia for overdrafts under $100,000, interest to be calculated on a daily basis; or
\n(b) two percent (2%) above the 30 day bank bill rate specified by Westpac Banking Corporation at the relevant time,
\nChubb Fire & Security Pty Ltd t\/a Chubb Electronic Security CSA Standard Terms & Conditions \u2013 Rev. March 2021
\nwhichever is higher.
\nInterest accrues daily from (and including) the due date to (but excluding) the date of actual payment and is calculated on actual days elapsed
\nand a year of 365 days.
\nChubb shall have the right (but not the obligation) to issue a notice of default requesting the Customer to pay the amount of any outstanding Fees
\nwithin the time specified in the notice. In any event, the Customer will also be liable for the payment all expenses that are reasonably incurred by
\nChubb in the recovery of any payment, including debt collection agency fees and legal costs incurred in the enforcement of payment on a full
\nindemnity basis.
\n11.5 The Customer acknowledges that Chubb may issue progress payment invoices for materials or goods purchased, and\/or labour expended on
\nwork in progress, and place into bond materials which cannot be accepted for delivery on Site and invoice the full value thereof.
\n11.6 Where any supply of products or services under this CSA is or becomes subject to GST, an amount equal to GST paid or payable for that supply
\nwill be added to the amount exclusive of GST paid or payable for that supply under this CSA.
\n11.7 Payment of the Fees by the Customer is a fundamental term of this CSA and to the full extent permitted by law, Chubb will have no liability to the
\nCustomer for acts or omissions or for work required to be undertaken by Chubb if the circumstance or event which would otherwise give rise to
\nliability occurs at a time when the Customer is in breach of payment obligations to Chubb hereunder.
\n11.8 Any variation to this CSA and any Additional Services required hereunder will be priced in accordance with Chubb’s standard price lists. Unless
\notherwise specified by Chubb, all Fees and prices:
\n(a) include an amount for any design, management, overheads and profit; and
\n(b) exclude all ancillary work such as patching, painting, carpet lifting or refitting, building work or decoration; should Chubb agree to carry out
\nsuch work at the request of the Customer, then Chubb shall not be liable for any damage arising therefrom.
\nIf Chubb is required to pay any additional site allowances, other than a State or Federal award or amounts in excess of any current workplace
\nagreement applicable to the type of work being performed, these costs will be added to the Fees.
\n11.9 The Fees may be adjusted annually to take into account any changes in the national consumer price index. In addition, Chubb may adjust the
\nFees on an annual basis in respect of an increase\/fall in the cost of any annual services and increased\/decreased costs. For the avoidance of
\ndoubt, the Fee adjustments under this clause may be made by Chubb at any time including during the Initial Term.
\n11.10 Chubb may set off any amounts that Chubb reasonably considers are due to Chubb from the Customer against any amounts payable by Chubb
\nto the Customer under this CSA.<\/p>\n

12. LIABILITY<\/strong>
\n12.1 Nothing in this CSA is intended to exclude, restrict or modify the application of the provisions of any statute (including the Competition and
\nConsumer Act 2010 (Cth)) where to do so would contravene that statute or cause any part of this CSA to be void.
\n12.2 To the full extent permitted by law and subject to the consumer guarantees and other provisions of the Australian Consumer Law (if applicable),
\nthe Customer acknowledges and agrees that Chubb will have no liability for any statements, representations, guarantees, conditions or warranties
\nthat are not expressly contained in this CSA.
\n12.3 To the full extent permitted by law, where Chubb breaches its obligations under this CSA or where the Equipment or the Security Services fails to
\nmeet a consumer guarantee (where applicable), Chubb\u2019s liability to the Customer shall be limited to:
\n(a) re-supplying the Equipment or Security Services; or
\n(b) refunding to the Customer the Fees paid for Security Services not performed or performed incorrectly; or
\n(c) paying to have the Security Services supplied again or for the replacement, repair or refund of the Equipment, up to a maximum total value
\nof the Fees paid by the Customer under this CSA.
\n12.4 To the full extent permitted by law, the Customer agrees that any liability of Chubb under this CSA will be reduced to the extent that any non-
\nperformance, defective performance, loss, damage or expense was caused or contributed to by the Customer or a third party including through
\nbreach of this CSA, negligence, fault, lack of care or through any other act or omission of the Customer, its employees, subcontractors and agents
\nor a third party and, in any event, Chubb’s total aggregate liability to the Customer under this CSA, whether in contract, tort (including negligence),
\nby way of indemnity or otherwise, will be limited to a maximum amount of four (4) times the total value of payments received by Chubb from the
\nCustomer under this CSA in the last twelve (12) months immediately before the liability arose.
\n12.5 Notwithstanding anything else in this CSA and to the full extent permitted by law, Chubb will not be liable to the Customer for:
\n(a) any indirect, incidental or special or economic loss, cost, liability, damage or expense howsoever arising; or
\n(b) any loss of profit, loss of use, loss of income, loss of rental or other benefit, loss of production, loss of contract, loss of actual or potential
\nbusiness opportunity or loss of reputation.
\n12.6 The Customer acknowledges and agrees that it is reasonable for Chubb to limit its liability under this CSA and that the Fees charged by Chubb
\nare based solely on the value of the Security Services and\/or Equipment supplied.<\/p>\n

13. TERMINATION<\/strong>
\n13.1 Termination by the Customer
\n(a) The Customer may terminate this CSA without cause:
\n(1) at any time and without Early Termination Fees during the Cooling Off Period in accordance with clause 2;
\n(2) at any time during the Initial Term by giving Chubb one (1) month\u2019s prior written notice, and subject to the payment of the Early Termination
\nFees to Chubb; or
\n(3) after the Initial Term has expired, at any time and without Early Termination Fees by giving Chubb ninety (90) days prior written notice.
\n(b) The Customer may terminate this CSA for cause:
\n(1) immediately and without Early Termination Fees, if Chubb has committed a substantial breach of its obligations under the CSA and Chubb
\nhas not commenced rectification within thirty (30) days of notification in writing to Chubb, provided always that all outstanding amounts
\ndue by the Customer under this CSA which remain unpaid to Chubb, if any, become immediately due and payable on the date of
\ntermination;
\n(2) with immediate effect in the event Chubb becomes insolvent, bankrupt or enters into a scheme of arrangement with creditors;
\n(3) in case of an Event and without Early Termination Fees, in accordance with clause 15;
\n(4) at any time during the Initial Term, and without Early Termination Fees, by giving Chubb one (1) month\u2019s prior written notice, if the
\nCustomer does not agree with a Fee adjustment effected pursuant to clause 11.9; or
\n(5) as otherwise provided in the CSA.
\n13.2 Termination by Chubb
\n(a) Chubb may terminate this CSA without cause at any time by giving the Customer sixty (60) days prior notice in writing.
\n(b) Chubb may terminate the CSA for cause:
\n(1) in case of an Event and without charging an Early Termination Fees, in accordance with clause 15;
\n(2) if the Customer is in breach of a payment obligation under this CSA, and the breach is not rectified within fourteen (14) days of
\nnotification; for purposes of this sub-clause, the first reminder correspondence from Chubb to the Customer will be deemed notice to
\nthe Customer to rectify the payment breach within fourteen (14) days;
\n(3) any breach (other than failure to pay) by the Customer in respect of any provision of this CSA which is not rectified within fourteen (14)
\ndays of notification by Chubb, will entitle Chubb to terminate this CSA for breach, and to charge Early Termination Fees;
\n(4) with immediate effect in the event the Customer becomes insolvent, bankrupt or enters into a scheme of arrangement with creditors; or
\n(5) as otherwise provided in the CSA.
\n13.3 For the avoidance of doubt, termination under this clause shall be without prejudice to any rights that may have accrued for either of the parties
\nbefore termination and all sums due under this CSA shall become payable in full when termination takes effect.<\/p>\n

14. DISPUTE RESOLUTION<\/strong>
\n14.1 The parties agree that they will initially use all reasonable endeavours to resolve any dispute arising under this CSA amicably and in good faith
\nwithin ten (10) working days of a party being advised by written notice of such a dispute by the other party. If the parties are unable to resolve the
\ndispute within that time frame, and if the Customer is a company or other body corporate, they must refer the dispute to an executive officer from
\neach party to resolve. The parties will again use all reasonable endeavours to resolve the dispute within a further ten (10) working days or such
\nother reasonable period agreed between the parties.
\n14.2 If the dispute is not resolved in accordance with clause 14.1 above, the parties may agree to refer the matter to mediation or some other form of
\nalternative dispute resolution. If the parties cannot agree on a method of alternative dispute resolution, either party may commence legal
\nproceedings.<\/p>\n

15. FORCE MAJEURE<\/strong>
\n15.1 Chubb will not be in breach of this CSA or liable in any way to the Customer if Chubb fails to perform or delays in performance of an obligation as
\na result of an Event. If an Event continues for more than sixty (60) days, either party may terminate the CSA by giving fourteen (14) days\u2019 prior
\nwritten notice to the other party.<\/p>\n

16. NBN TRANSITION<\/strong>
\n16.1 Without limiting other provisions therein, where the Customer is not using the NBN at the date of this CSA, the Customer must inform Chubb as
\nsoon as possible:
\n(a) if the Customer decides to use the NBN to enable the connection of the Equipment of Pre-Existing Equipment; or
\n(b) if the NBN is installed at the Site, at any time during the Term.
\n16.2 The Customer must also inform its Carrier of the existence of Security Services at the Site.
\n16.3 In the event of 16.1(a) or 16.1(b) occurring, the Customer agrees and acknowledges that:
\n(a) Chubb may need to attend the Site to ensure compatibility of the Customer\u2019s security system with the NBN and that the Equipment and\/or
\nPre-Existing Equipment are properly connected to enable the provision of the Security Services; such visit will be charged to the Customer
\nand Chubb will advise the cost of the visit prior to attendance; and
\n(b) the Customer may be required to procure additional equipment from the Carrier and\/or Chubb as a result, at the Customer\u2019s cost.
\n16.4 The Customer acknowledges that compliance with the obligations contained in this clause is essential to ensure that the performance of the
\nSecurity Services is not disrupted. For the avoidance of doubt, Chubb will not be liable for any disruption to the Security Services (including any
\nfailure to provide the Security Services or defect in the Security Services) where any such disruption is caused or contributed to by the Customer\u2019s
\nnon-compliance with this clause 16.<\/p>\n

17. GENERAL PROVISIONS<\/strong>
\n17.1 If the Customer purports to cancel any order, contract or this CSA, including prior to the completion of the Initial Term, Early Termination Fees
\nmay apply. Please refer to clause 13.1 above and to the definition of Early Termination Fees in the Keywords section of the CSA.
\n17.2 The Customer must not assign or novate its interests in this CSA without Chubb\u2019s prior written consent, which may not be unreasonably withheld
\nor delayed. Chubb may at any time assign or novate any part of its rights and obligations under this CSA to a reputable and competent organisation
\n(including a Related Body Corporate) without the Customer\u2019s consent. Chubb may subcontract its rights and obligations under this CSA without
\nrestriction.
\n17.3 This CSA shall be subject to the laws of New South Wales and each party submits to the exclusive jurisdiction of the courts of New South Wales.
\n17.4 This CSA constitutes the entire agreement between the parties and supersedes all prior representations, contracts, statements and
\nunderstandings, whether verbal or in writing. All other terms and conditions are excluded to the fullest extent permitted by law including any terms
\nand conditions which the Customer may seek to impose. The terms, provisions and conditions of this CSA may only be varied by an agreement
\nin writing signed by both parties.
\n17.5 No right under this CSA will be deemed to be waived except by notice in writing signed by each party and any failure or delay by Chubb to enforce
\nany clause of this CSA will not be construed as a waiver of Chubb’s rights under this CSA.
\n17.6 The CSA is entered into subject to satisfactory credit approval of the Customer by Chubb.
\n17.7 Any provision of this CSA that is illegal, void or unenforceable will not form part of this CSA to the extent of that illegality, voidness or
\nunenforceability. The remaining provisions of this CSA will not be invalidated by an illegal, void or unenforceable provision.
\n17.8 The section headings in this CSA are used for convenience only, are not substantive, and shall not be interpreted to define, describe, or otherwise
\nlimit the interpretation of the provision under the section headings or of the CSA as a whole.
\nChubb Fire & Security Pty Ltd t\/a Chubb Electronic Security CSA Standard Terms & Conditions \u2013 Rev. March 2021
\n17.9 Either party may give the other notice under this CSA by letter, e-mail or facsimile, addressed in the case of a letter at the address last known to
\nthe party giving the notice and otherwise as advised by each party to the other from time to time, and any such notice will be considered given
\nwhen the letter, e-mail or facsimile would have been delivered in the ordinary course of post or transmission.
\n17.10 If there is an inconsistency between the documents forming the CSA, specific requirements will prevail over general requirements.<\/p>\n

18. EXPORT CONTROL COMPLIANCE<\/strong>
\n18.1 Chubb is committed as a matter of company policy to strict compliance with the applicable laws and regulations of the countries in which Chubb
\nconducts business, including, but not limited to, the United States of America\u2019s export control and trade sanction laws and regulations (such as
\nthe Export Control Regulations, Export Administrative Regulations and the International Traffic in Arms Regulations) and the Customer
\nunderstands and agrees that:
\n(a) the Equipment, Security Services and\/or technical information sold or otherwise provided to the Customer under this CSA (regardless of
\nquantity or value) may be subject to export and other foreign trade controls restricting the sale, re-export and\/or transfer of such equipment,
\nservices or technical information to certain countries or parties, including, but not limited to, licensing requirements under applicable laws and
\nregulations of the United States of America and other jurisdictions;
\n(b) notwithstanding any other provision of this CSA to the contrary, the Customer will not sell, re-export or transfer any Equipment, Security
\nServices or technical information supplied under this CSA except in full compliance with all applicable governmental requirements, including,
\nbut not limited to, applicable economic sanctions and constraints administered by the United States of America\u2019s Treasury Department and
\napplicable export control measures administered by the United States of America\u2019s Department of Commerce and Department of State, the
\nUS Nuclear Regulatory Commission, the Office of Foreign Assets Controls or any other government agencies;
\n(c) the obligation of Chubb to supply products, services or technical information under this CSA is subject to the ability of Chubb to supply such
\nitems consistent with the laws and regulations of the United States of America and other governments and Chubb is entitled to refuse to
\nprovide any equipment, services or information under this CSA if Chubb, in its sole discretion, determines that the provision of such equipment,
\nservices or information would violate any applicable law or regulation of the United States, or any other legal entity; and
\n(d) any violation by the Customer of the applicable laws or regulations of the United States of America or any other government shall be deemed
\na material breach of this CSA and sufficient basis for Chubb to suspend the provision of the Equipment or the Security Services or any part
\nthereof, or to terminate this CSA.<\/p>\n

CHUBB ELECTRONIC SECURITY CSA KEYWORDS<\/strong><\/p>\n

Additional Services<\/strong>
\nAny services required to be performed at the Customer\u2019s request to repair or replace the Equipment or Pre-Existing Equipment due to the neglect, abuse
\nor incorrect use of the Equipment or Pre-Existing Equipment, or outside of applicable Warranty Periods, or because of the occurrence of an Event or of
\nany other circumstances outside the control of Chubb or the manufacturer of the Equipment.<\/p>\n

Agreement Date<\/strong>
\nThe date on which the CSA commences. Billing under the CSA will begin on the Commissioning Date or upon the Security Services becoming effective,
\nor (where a Cooling Off Period applies) at the end of the Cooling Off Period, whichever is the later.<\/p>\n

Alarm Response Fees<\/strong>
\nThe fees charged for and on behalf of the Alarm Response Service Provider and payable by the Customer within fourteen (14) days.<\/p>\n

Alarm Response Hours<\/strong>
\nThose hours during which the Alarm Response Service Provider provides Alarm Response Services in the area where the Site is located, which may
\nbe confirmed by contacting Chubb.<\/p>\n

Alarm Response Officer<\/strong>
\nMeans an agent or employee of the Alarm Response Service Provider.<\/p>\n

Alarm Response Service<\/strong>
\nThe attendance of an Alarm Response Officer at the Site if requested by the Customer under the Monitoring Instructions, as soon as practicable during
\nAlarm Response Hours. Minimum response times are set out in Australian Standard AS4421-1996. The availability of this service cannot be guaranteed
\nat the time of a System Event.<\/p>\n

Alarm Response Service Provider<\/strong>
\nMeans Chubb\u2019s preferred provider to undertake the Alarm Response Service unless otherwise nominated by the Customer on the Monitoring
\nInstructions. Chubb does not guarantee the attendance of any Alarm Response Service Provider.<\/p>\n

APPs<\/strong>
\nThe Australian Privacy Principles contained in Schedule 1 to the Privacy Act 1988 (Cth).<\/p>\n

Carrier<\/strong>
\nThe supplier engaged directly by the Customer to provide telecommunications at the Site to enable the Security Services to be provided to the Customer
\nby Chubb.<\/p>\n

Chubb<\/strong>
\nChubb Fire & Security Pty Ltd t\/a Chubb Electronic Security ACN 000 067 541, Registered office: 1A, 21 \u2013 23 South Street, Rydalmere, New South
\nWales 2116 Tel: 13 15 98 https:\/\/www.chubbfiresecurity.com\/en\/au. Chubb includes its employees, contractors, agents and authorised representatives
\nacting in the course of their work employment or authorised work.<\/p>\n

Chubb App<\/strong>
\nA software application downloaded on the Customer\u2019s compatible mobile device to control the Interactive Services.<\/p>\n

Commissioning \/ Commissioned<\/strong>
\nThe enabling of the Equipment or Pre-Existing Equipment to ensure that a System Event is transmitted from the Equipment or Pre-Existing Equipment
\nto a receiver.<\/p>\n

Commissioning Date<\/strong>
\nThe date that the Equipment or Pre-Existing Equipment is Commissioned.<\/p>\n

Cooling Off Period<\/strong>
\nWhere this CSA is subject to unsolicited consumer agreement legislation, a ten (10) business day cooling off period applies.<\/p>\n

Customer<\/strong>
\nThe person or persons or legal entity named in the Customer Service Agreement (CSA) Part A.<\/p>\n

CSA<\/strong>
\nThe Customer Service Agreement which comprises these standard terms and conditions, the Keywords, and all parts of the Customer Service
\nAgreement.<\/p>\n

Decommissioning \/ Decommissioned<\/strong>
\nThe disabling of the Equipment or Pre-Existing Equipment required to ensure no further System Event is transmitted from the Equipment or Pre-Existing
\nEquipment to a receiver.<\/p>\n

Decommissioning Fee<\/strong>
\nThe one-off fee payable by the Customer to enable Chubb to decommission the Equipment or Pre-Existing Equipment on the expiry or termination of
\nthe CSA.<\/p>\n

Duress Alarm Service<\/strong>
\nMonitoring of System Events activated by the Customer pressing the duress button on the Equipment for medical duress and panic duress (including
\nhold-up alarms).<\/p>\n

Early Termination Fees<\/strong>
\n\u2022 For supply of Equipment, Equipment Installation, Commissioning: Chubb will retain 20% of the Fees as Early Termination Fees, in accordance with
\nclause 11.3(a), to cover the cost incurred by Chubb as a result of early termination by the Customer.
\n\u2022 For all other Security Services: the Customer will be charged 100% of the balance of the Fees payable for the remaining Initial Term, or, if the Initial
\nTerm has expired, for the remaining 90-day period.
\nFor example:
\n(a) if the Customer was on a 24-month plan and terminates the CSA in month 11, the Fees for the remaining 13 months of the Initial Term are payable
\nas a result of the termination;
\n(b) if the Initial Term has expired and the Customer terminates at day 30 of the 3-month period, the Fees for the remaining 60 days are payable as a
\nresult of the termination (and will be retained by Chubb if the Customer pays the Fees quarterly in advance).
\nChubb Fire & Security Pty Ltd t\/a Chubb Electronic Security CSA Standard Terms & Conditions \u2013 Rev. March 2021<\/p>\n

Emergency Services<\/strong>
\nThe providers of emergency services, including without limitation, ambulance, fire brigade, and\/or police.<\/p>\n

Equipment<\/strong>
\nThe items and products listed in the CSA (Part C) which the Customer purchased for installation by Chubb at the Site. Pre-Existing Equipment means
\nequipment previously installed at the Site by others before the commencement of the CSA.<\/p>\n

Equipment Fees<\/strong>
\nThe fees for the purchase of the Equipment and for Optional Equipment Installation, if elected by the Customer, as set out in the CSA (Part C).<\/p>\n

Equipment Installation<\/strong>
\nThe installation and Commissioning of the Equipment at the Site.<\/p>\n

Event<\/strong>
\nMeans:
\n(a) earthquake, volcanic eruption, act of God, fire (including bushfire), flood, lightning strike, cyclone, hurricane, storm, tidal wave, inclement weather;
\n(b) strike, lock-out, ban, limitation of work or other industrial disturbance;
\n(c) riot, war (including civil war), insurrection, vandalism, sabotage, national emergency (whether in fact or law), piracy, hijack, act of terrorism including
\nthe use or threatened use of violence or act putting the public in fear;
\n(d) embargo, blockade, government acts, regulations or requests, delay or interruption in transportation, inability to obtain resources, failure or
\ninterruption of utilities (including electricity and water), network failure, telecommunications breakdown, default by suppliers and subcontractors;
\n(e) temporary closure of roads, traffic conditions, motor vehicle breakdowns or accident; and \/ or
\n(f) any other events beyond the reasonable control of the affected party, which prevent or hinder the affected party from carrying out its obligations under
\nthis CSA and being not due to its fault or negligence.<\/p>\n

Event Report<\/strong>
\nA written report or account of any System Events that are communicated by the Customer\u2019s alarm system to Chubb\u2019s monitoring centre.<\/p>\n

Fees<\/strong>
\nThe fees for the Security Services which comprise:
\n\u2022 Monitoring Fees
\n\u2022 Equipment Fees, if applicable
\n\u2022 Alarm Response Fees, if applicable
\n\u2022 Guard Service Fees, if applicable; and
\n\u2022 Fees applicable for any other Security Service, Additional Service or as otherwise provided in the CSA,
\nas amended from time to time in accordance with clause 11.9.<\/p>\n

GPS Location Monitoring<\/strong>
\nGPS or Global Positioning System is a radio based navigation system that allows users with an unobstructed view of multiple satellites to determine
\ntheir location anywhere in the world.<\/p>\n

GST<\/strong>
\nAny tax in the nature of a tax on or on the supply of goods, real property, services, or other things (or similar tax) levied, imposed or assessed by the
\nCommonwealth of Australia or any State or Territory of Australia, which may operate at any time during the validity of this CSA, other than any interest,
\nfine, penalty, fee or other payment imposed on or in respect of such tax.<\/p>\n

Guard Service<\/strong>
\nThe attendance of a security officer to guard the Site until such time as the Customer\u2019s Nominated Contact (NC) makes other arrangements. This is an
\nad-hoc service provided to the Customer if instructed to do so by the NC or as part of the Monitoring Instructions. This service is additional to the Alarm
\nResponse Service and attracts separate and additional Guard Service Fees.<\/p>\n

Guard Service Fees<\/strong>
\nThe fees charged by the Guard Service Provider for the Guard Service and payable by the Customer.<\/p>\n

Guard Service Provider<\/strong>
\nMeans Chubb\u2019s preferred provider to undertake the Guard Service or otherwise designated by the Customer in the Monitoring Instructions or the NC,
\nas applicable.<\/p>\n

Initial Term<\/strong>
\nThe period of one (1), twelve (12), twenty-four (24) or thirty-six (36) month(s) from the Agreement Date (as elected by the Customer in the CSA).<\/p>\n

Interactive Services<\/strong>
\nA service where the Customer can remotely control and view their compatible Chubb Equipment using a compatible device connected to the internet.
\nWith this service, video images and video clips from the Chubb Equipment will only be visible by the Customer; they will not be visible, nor actioned, by
\nthe Chubb monitoring centre.<\/p>\n

IP Monitoring<\/strong>
\nMeans the signal transmission medium is via the Customer\u2019s internet connection.<\/p>\n

IP Monitoring Interface<\/strong>
\nThe device that enables the Customer\u2019s security system to transmit via the Customer\u2019s internet connection for purposes of IP Monitoring.<\/p>\n

Mobile Device Duress Alarm Service<\/strong>
\nMonitoring of System Events activated by the Customer or End User (as defined in clause 5.7) pressing the duress button on the Device (as defined in
\nclause 5.7) for panic duress (including hold-up alarms).<\/p>\n

Monitoring<\/strong>
\nThe service of monitoring and actioning System Events received from the Equipment and\/or the Pre-Existing Equipment as soon as practicable in
\naccordance with the Monitoring Instructions and Australian Standard AS2201.2.<\/p>\n

Monitoring Fees<\/strong>
\nThe fees for Monitoring payable by the Customer to Chubb in accordance with this CSA.<\/p>\n

Monitoring Instructions<\/strong>
\nChubb Fire & Security Pty Ltd t\/a Chubb Electronic Security CSA Standard Terms & Conditions \u2013 Rev. March 2021
\nDetailed written instructions from the Customer regarding its requirements for the provision of and timing of the Security Services. The initial Monitoring
\nInstructions must be set out in the CSA (Part E) and are the procedures to be followed by Chubb in the event of a System Event. The Customer may
\nalter or update its Monitoring Instructions at any time during the Term of the CSA by notifying Chubb by phone, e-mail, facsimile or letter. The updated
\nMonitoring Instructions will then become effective and supersede the initial or previous Monitoring Instructions upon twenty-four (24) hours of receipt by
\nChubb.<\/p>\n

NBN<\/strong>
\nMeans the National Broadband Network, the fibre network being designed, constructed, implemented and\/or operated by or on behalf of NBN Co Limited
\n(ABN 86 136 533 741) and its related body corporates, officers, employees, agents, contractors, sub-contractors and consultants, and includes any
\nother network, systems, equipment and facilities used by NBN Co Limited in connection with the supply of its services.<\/p>\n

Nominated Contact (NC)<\/strong>
\nThe person or persons the Customer nominates as its authorised representative(s) for the purposes of the Monitoring Instructions, and who Chubb may
\ncontact in respect to its provision of the Security Services. Unless otherwise specified by the Customer in writing, the Customer warrants and represents
\nto Chubb that the NC has been granted full authority by the Customer to act for and on behalf of the Customer as the Customer\u2019s agent, and that
\ninstructions given by the NC will be deemed to be instructions given by the Customer and will bind the Customer accordingly. The Customer
\nacknowledges and agrees that it is the Customer\u2019s sole responsibility to ensure that the NC is duly authorised, able and willing to act as the Customer\u2019s
\nagent under the CSA and that the NC details are up to date at all times during the Term of the CSA.<\/p>\n

Preventative Maintenance<\/strong>
\nInspection and operational testing of the Equipment and\/or Pre-Existing Equipment up to the number of times specified in the CSA (Part C) in any twelve
\n(12) or twenty-four (24) month period to ascertain whether the Equipment and\/or Pre-Existing Equipment is in proper working order.<\/p>\n

Related Body Corporate<\/strong>
\nHas the meaning assigned to this term in s50 of the Corporations Act 2001 (Cth).<\/p>\n

Security Services<\/strong>
\nMeans one or more of the following:
\n\u2022 Alarm Response;
\n\u2022 Decommissioning;
\n\u2022 Dialler Monitoring;
\n\u2022 Duress Alarm Service;
\n\u2022 Equipment supply
\n\u2022 Equipment Installation (including Commissioning)
\n\u2022 Event Reports;
\n\u2022 GPS Location Monitoring;
\n\u2022 Guard Service;
\n\u2022 Interactive Services;
\n\u2022 IP Monitoring;
\n\u2022 Mobile Device Duress Alarm Service;
\n\u2022 Preventative Maintenance;
\n\u2022 Smoke Alarm Services;
\n\u2022 Video Monitoring and\/or
\n\u2022 Wireless Alarm Monitoring,
\nas selected by the Customer in the CSA and\/or Additional Service.<\/p>\n

Site<\/strong>
\nThe location specified in the CSA (Part B) as the installation site or premises to be monitored.<\/p>\n

Smoke Alarm Services<\/strong>
\nMonitoring of System Events relating to smoke detection.<\/p>\n

Standard Hours<\/strong>
\n\u2022 Monitoring: 24 hours a day, 7 days a week
\n\u2022 Additional Services, Commissioning, Decommissioning, Equipment Installation, Preventative Maintenance, Warranty Work: Monday to Friday excluding
\npublic holidays, from 08:30 hours to 18:00 hours, at the Site location, subject to alteration by Chubb from time to time at its discretion.<\/p>\n

System Event<\/strong>
\nThe indication of an alarm event received by Chubb from the Equipment or Pre-Existing Equipment at the Site. This includes, without limitation, intruder
\nalerts, and fault and reporting signals (including fault signals, timer tests and low battery alerts).<\/p>\n

Telecommunications Network<\/strong>
\nMeans the signal transmission medium nominated by the Customer for the alarm system, Equipment, Pre-Existing Equipment and any other equipment
\nor device.<\/p>\n

Term<\/strong>
\nThe Initial Term together with any renewal period under clause 1.<\/p>\n

Video Monitoring<\/strong>
\nThe service of monitoring and actioning System Events by Chubb, that include video images and video clips viewed by the Chubb monitoring centre
\noperators from the Equipment and\/or the Pre-Existing Equipment on a customer\u2019s site in accordance with the Monitoring Instructions. For the avoidance
\nof doubt, with this service the video images and video clips will not be viewed or visible by the Customer but only by the Chubb monitoring centre
\noperators.<\/p>\n

Warranty Period<\/strong>
\nThe period of twelve (12) months commencing on the Commissioning Date. The Warranty Period does not apply to Pre-Existing Equipment. Where the
\nCustomer is a \u201cconsumer\u201d for purposes of Schedule 2 of the Competition and Consumer Act 2010 (Cth), the Warranty Period is in addition to the
\nrequirements of the consumer guarantees.<\/p>\n

Warranty Work<\/strong>
\nThe work required to be done to repair an inherent defect affecting the functionality of the Equipment but excludes (i) any work required to be done to
\nrepair the Equipment which is caused by the Customer\u2019s neglect, abuse or incorrect use or caused by circumstances beyond Chubb\u2019s control or the
\ncontrol of the manufacturer of the Equipment, including vandalism, fire, water damage, power surge or other Event and (ii) any work required in relation
\nto Pre-Existing Equipment.<\/p>\n

Wireless Alarm Monitoring<\/strong>
\nMonitoring which utilises a cellular mobile telecommunication network such as GPRS, 2G, 3G, 4G or GSM for communications between the monitored
\nSite and the monitoring centre.<\/p>\n

 <\/p>\n

Chubb Fire & Security Pty Ltd t\/a Chubb Electronic Security CSA Standard Terms & Conditions \u2013 Rev. March 2021<\/p>\n","protected":false},"excerpt":{"rendered":"

CUSTOMER SERVICE AGREEMENT \u2013 CHUBB ELECTRONIC SECURITY Standard Terms and…<\/p>\n","protected":false},"author":18,"featured_media":0,"parent":0,"menu_order":102,"comment_status":"closed","ping_status":"closed","template":"page-basic.php","meta":{"_searchwp_excluded":"","inline_featured_image":false,"footnotes":""},"acf":[],"yoast_head":"\nTerms of Use - Security Monitoring Centres<\/title>\n<meta name=\"description\" content=\"Grade A1 ASIAL Certified Monitoring Centre\" class=\"yoast-seo-meta-tag\" \/>\n<meta name=\"robots\" content=\"noindex, nofollow\" \/>\n<meta property=\"og:locale\" content=\"en_GB\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:type\" content=\"article\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:title\" content=\"Terms of Use - Security Monitoring Centres\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:description\" content=\"Grade A1 ASIAL Certified Monitoring Centre\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:url\" content=\"https:\/\/dev.smc-monitoring.com\/au-en\/terms-and-conditions\/\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:site_name\" content=\"SMC AU-EN\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/Chubbfs\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"article:modified_time\" content=\"2023-08-03T12:44:07+00:00\" class=\"yoast-seo-meta-tag\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" class=\"yoast-seo-meta-tag\" \/>\n<meta name=\"twitter:site\" content=\"@x\" class=\"yoast-seo-meta-tag\" \/>\n<meta name=\"twitter:label1\" content=\"Estimated reading time\" class=\"yoast-seo-meta-tag\" \/>\n\t<meta name=\"twitter:data1\" content=\"64 minutes\" class=\"yoast-seo-meta-tag\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"WebPage\",\"@id\":\"https:\/\/dev.smc-monitoring.com\/au-en\/terms-and-conditions\/\",\"url\":\"https:\/\/dev.smc-monitoring.com\/au-en\/terms-and-conditions\/\",\"name\":\"Terms of Use - 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