Terms & Conditions
Terms & Conditions
Contained in this document are the general terms and conditions for Thomas Paul Security Services Pty Ltd, which cover all products and services supplied by us including: Installations, Alarm Monitoring Services, Patrol Services, Alarm Response, Cash Banking Services, Static Guarding and any parts or labour supplied.
Using your service
Our aim of providing continuous and fault-free services
1. We will use reasonable care and skill in providing our services and will provide our service in accordance with Our Customer Terms. However, given the nature of electrical / technical systems (including our services’ reliance on systems and services that we do not own or control), we cannot promise that our services will be continuous or fault-free.
Maintenance and repair
2.1 The particular sections of Our Customer Terms set out our maintenance
Commitments that apply to our services. Generally, we maintain all of our services for as long as they are offered to customers.
2.2 Where use of our services involves equipment that does not belong to us and that is installed at your premises, you have to maintain and repair that equipment unless a specified maintenance agreement is provided by TPS. This includes carrying out any maintenance or repairs that we reasonably think is required within a reasonable timeframe of when we ask you to do so.
2.3 Where your equipment causes a fault in your service that we need to repair, we can charge you a call-out fee and our reasonable charges for repairing the fault. We will tell you the amount of the call-out fee and the hourly rates we charge for repairing faults before we start work.
2.4 Our Customer Terms may state that a service is provided for a particular purpose. You must only allow the service to be used for that purpose.
3. You are responsible for and have to pay for any use of your service, whether you authorise it or not. Also, if you do not disconnect your service when you leave your premises, you have to pay for any use of the service by later occupants or others. We recommend you consider taking measures to protect yourself from unauthorised use of your service. Any person who uses your service, or allows someone else to use it, after you have vacated your premises, is jointly and individually liable with you for any charges relating to that use.
4. You have to make sure that no-one interferes with the operation of a service or makes it unsafe.
Your responsibility for equipment
5. You are responsible for any equipment at your premises (including any that belongs to us). You have to pay us for any loss or damage to our equipment at your premises, except for fair wear and tear.
6. You have to arrange and pay for any electricity supply needed for a service at your premises. The service may not work if the electricity supply stops.
Compliant equipment only
7. You must only connect equipment that complies with relevant technical standards and other relevant requirements.
7.1 You must make any changes we ask to your equipment to avoid any danger or interference it may cause.
Tell us if things change
8. You have to tell us about any relevant changes to your services or equipment that may affect our ability to provide your service to you.
9. We can change any other term of Our Customer Terms by:
(a) Getting your consent; or
(b) Complying with this clause.
The steps we have to take depend on the type of change.
Changes that benefit you or have neutral impact on you
10. If we reasonably consider that a change to any term of Our Customer Terms is likely to:
(a) Benefit you; or
(b) Have a neutral impact on you,
We can make the change immediately and do not need to tell you.
Changing or imposing tax-based charges
11. We can change any term of Our Customer Terms that applies to your service to increase an existing charge or to introduce a new charge where that charge is a tax imposed by law, and do not need to tell you individually beforehand. If you are an affected customer, but we do not give you individual prior notice, notice will be given within 16 weeks of the change being implemented by direct mail or email (if you have an email address and have agreed for us to tell you about changes to Our Customer Terms by email).
Changing or imposing charges for ancillary services
12. We can increase an existing charge or introduce a new charge for ancillary services (For example a billing fee or credit card transaction fee) provided we offer affected customers use of a reasonable alternative at no additional charge and notify affected customers of the change.
12.1 If we increase or introduce charges for an ancillary service, and it is a type of ancillary service for which we do not offer a reasonable alternative at the same or reduced cost, we do not need to tell you individually beforehand, but will allow affected customers to cancel any service to which that ancillary service relates on Fair Terms. If you are an affected customer, but we do not tell you individually beforehand we will give you individual notice within 16 weeks of the change being implemented by direct mail or email (if you have an email address and have agreed for us to tell you about changes to our Customer Terms by email).
13. Charges and payment
13.1 Our Customer Terms set out the charges you must pay us for your services.
Sometimes you have to pay a particular charge in advance.
13.2 We issue invoices for charges for your services regularly.
13.3 We are required by various industry codes to ensure that our invoices are accurate and verifiable and we are committed to complying with these requirements. Our records are sufficient proof that a charge is payable unless they are shown to be incorrect.
Credit card payments
13.4 If your bill is paid by credit card, we can charge you a payment processing fee. Refer to your bill for the amount of the fee.
Late or dishonoured payments
13.5 If you do not pay a bill by its due date, we can charge you an administrative fee and interest of:
(a) $44.00 Administrative fee
(b) 5% Interest fee re-occurring monthly
(c) In the event of failing to pay for such services as alarm response or late to close services, these fees may be charged at our emergency call out rate of $330.00
No fee will be charged if alternative arrangements have been made to pay your outstanding account.
14. Your rights to cancel your service
Choosing to cancel your service
14.1 You can cancel your service at any time by telling us beforehand. We can ask you to put your request in writing. However, if you cancel before the end of any fixed term for your service, we can charge you the applicable early termination fee. The amount of the early termination fee is set out in the application form you used to apply for your service or was disclosed to you when you applied for your service.
14.2 If you cancel a service before we have provided it to you, we can charge you any reasonable costs we incurred as a result of preparing to provide it to you.
Material breach by us
15. You can cancel your service at any time if:
(a) We are in material breach of Our Customer Terms (for example, because we
fail to use reasonable care and skill in providing the service to you); and
(b) You have told us in writing of our material breach and we have failed to
remedy it within 14 days of you telling us; or
(c) The breach is something which cannot be remedied (in which case you can
terminate the service immediately by telling us).
We will not charge you any early termination fee if you cancel your service because of our material breach.
Your other rights to cancel
15.1 You can also cancel your service by telling us with as much warning as you
reasonably can if:
(a) We become bankrupt or insolvent or appear likely to do so;
(b) The law requires you to do so; or
(c) Provision of the service becomes illegal.
We will not charge you any early termination fee if you cancel your service in these circumstances.
15.2 If you cancel your service under this clause, we will refund to you any unused portion of your monthly fee and any other amount you have prepaid. However, we can deduct from your refund any amounts that you owe to us, such as charges you incurred before the cancellation or any applicable early termination or decommissionging fee’s.
Material breach by you
16 We can cancel your service at any time if:
(a) You are in material breach of Our Customer Terms; and
(b) We have told you in writing of your breach and you have failed to remedy it
within 14 days of us telling you (or such longer period as we tell you or as
set out in another section of Our Customer Terms); or
(c) The breach is something which cannot be remedied (in which case we can
cancel the service immediately by telling you).
16.1 You will be in material breach of Our Customer Terms if you:
(a) Breach your obligation to pay our charges for your service;
(b) Make alterations to your service or equipment without our consent.
16.2 We can charge you the applicable early termination fee if you are a contract customer and we cancel your service before the end of the fixed term because of your material breach.
Our other rights to cancel your service
17. We can cancel your service by telling you with as much warning
as we reasonably can if:
(a) The law requires us to do so;
(b) Providing the service becomes illegal or we believe on reasonable grounds
that it may become illegal;
(c) You die;
(d) There is an emergency that affects our ability to provide the service;
(e) We are not able to provide the service to you due to an event outside our
reasonable control (such as a failure in equipment that is not owned or
operated by us or an act of God); or
(f) We reasonably believe that providing the service may cause death, personal
injury or damage to property. We will not charge you any applicable early termination fee if we cancel your service for one of these reasons.
18. We can also cancel your service by telling you with as much
warning as we reasonably can if:
(a) We cannot enter your premises to do something in connection with the
service that we need to do in order to supply the service or make the service
or related equipment safe;
(b) You become bankrupt or insolvent or appear likely to do so;
(c) You vacate the premises to which the service is connected;
(d) We reasonably consider that you pose an unacceptably high credit risk to us.
We consider that you pose an unacceptably high credit risk to us when there is some doubt as to your ability to pay by the due date based on factors such as:
• Previous payment history and payment behaviour (eg late payments, dishonoured payments or failure to pay);
• Any previous advice from you about a potential inability or unwillingness to pay;
• Pending bankruptcy or insolvency.
18.1 We can charge you any applicable early termination fee if you are a fixed length contract customer and we cancel your service before the end of the fixed period under the previous clause.
Maintenance and repair work
19. We can also suspend or restrict your service temporarily if we reasonably believe it is desirable or necessary to do so to maintain or restore any part of our systems. We will try to perform maintenance and repair work at times that will cause the least inconvenience to our customers. If we have no alternative but to cancel your service due to necessary maintenance or restoration of any part of our systems, we will not charge you any early termination fee.
Refund of prepayments
19.1 If we cancel your service under this clause, we will refund to you any unused portion of your monthly access fee or any other amount you have prepaid. However, we can deduct from your refund any amounts that you owe to us (unless these terms say otherwise). For example, we can deduct charges you have incurred before cancellation or any applicable early termination fee.
20. We occasionally need your consent to do certain things. We can rely on the authority of any of your employees who tell us they have authority to give your consent, as long as we act reasonably.
20.1 If you are a business customer, government customer, charitable organisation or non-profit organisation, you can appoint a third party to act on your behalf in relation to Our Customer Terms if you get our written consent first. We will only withhold our consent (or withdraw our consent if previously given) on reasonable grounds (for example, grounds relating to a breach of the third party’s obligations).
21 Our liability to you
Terms applying to your service
The terms and conditions that apply to the supply of your service are:
(a) Those that are expressly set out in the application form you used to apply for
your service (or that were disclosed to you when you applied for your service) and in Our Customer Terms; and
(b) Those implied by consumer protection laws to the supply of your service that cannot be excluded.
No other terms apply.
22. Concerning our liability to you:
(a) Except as set out in the paragraphs below, we accept our liability to you for breach of contract or negligence under the principles applied by the courts;
(b) We are not liable for any loss to the extent that it is caused by you (for example, through your negligence or breach of contract);
(c) We are not liable for any loss to the extent that it results from your failure to take reasonable steps to avoid or minimise your loss; and
(d) We are not liable for any loss caused by us failing to comply with our obligations in relation to your service where that is caused by events outside our reasonable control (such as a failure in equipment that is not owned or
operated by us or an act of God). After cancellation these provisions relating to liability will continue unaffected by cancellation of your service.
23. Liability and excluded types of loss
Your liability to us;
23.1 You are liable to us for breach of contract or negligence under the principles applied by the courts. However, you are not liable to us for any loss to the extent that it is caused by us (for example, through our negligence or breach of contract).
23.2 After cancellation. These provisions relating to liability will continue unaffected by cancellation of your service.
24 Access Codes and PINs
24.1 You do not own or have any legal interest or goodwill in any access code or
PIN issued to you. You are entitled to continue to use any access code we issue to you, except in circumstances where you allow us to recover the number from you.
24.2 Because you have to pay for any use of your service (whether you authorise it or not), we recommend you protect the security of any PIN used with your service.
25 Accessing your premises
When we can access your premises
25.1 We may need access to your premises. You agree to provide us safe access to your premises to:
(a) Install equipment for a service you have asked for; and
(b) Inspect, test, maintain, repair or replace equipment;
(c) To respond to an alarm and carry out an internal / external inspection: and
(d) To reset you alarm system
(e) Recover our equipment after your service is cancelled.
(f) Recover equipment due to unpaid monies owed for the equipment installed
25.2 You owe us the value of our equipment as a debt due if we cannot access your premises to recover it.
25.3 If you do not own your premises, you have to get the owner’s permission for us to access the premises and install any equipment. You promise to us that you have gotten that permission.
26.1 At any time, we can require you to provide some form of security (eg, a security deposit, a charge or bank guarantee) or pay some or all of the charges for your service in advance. We will only do so if we have reasonable concerns about your credit worthiness or have reasonable grounds for believing that we may not be paid for the service. In the case of new services, we can refuse to provide you the services until we receive the security. In the case of existing services, if you do not provide the security within 14 days of our request, we can restrict, suspend or cancel the service – this is in addition to any other rights that we may have.
26.2 If you cancel your service, we will return the security deposit or advance
payment to you less any outstanding charges within a reasonable time.
26.3 Our acceptance of any form of security or advance payment does not affect any other terms of Our Customer Terms.