Terms and Conditions
1.1 In these Terms:
“Company”, “us”, “we”, means SECURE A COM Pty Ltd.
“Customer”, “Client”, “You” means the person or persons and or corporation that was provided with a service by our company.
“Service” means any duty or labour performed by SECURE A COM Pty Ltd for the client.
“Terms” means these terms and condition of service.
“Contracts” means the verbal or signed agreement between SECURE A COM Pty Ltd and the Client to provide our service or goods. An example of a verbal contract is a Work Order.
“Work Order” means a job has been created in our system to provide you with our company’s service. This verbal contract binds the client to all SECURE A COM Pty Ltd Terms and Conditions that are stated in these here Terms.
“Payment Terms” refers to “Net 7”, “Net 30” it can also mean a written agreement with payment terms that have been agreed on prior by both SECURE A COM Pty Ltd and client for any service’s to be undertaken by our company.
“Net 7” means you have 7 days to pay your invoice.
“Net 30” means you have 30 days to pay your invoice.
“Onsite Payments” making a payment after your job has been completed.
“Service Call” means an agent, employee or contractor of SECURE A COM Pty Ltd has been dispatched and made a visit to your premises on the Work Order created for your job.
“Goods”, “Parts” means any material that was purchase for carrying out your Work Order.
“Materials” “Parts” means any material that was purchase for carrying out your Work Order.
2.1 These Terms apply to all contracts for any service or the sale of goods provided to the client by us.
2.2 No amendment, alteration, waiver or cancellation of any of these terms is binding on the company unless confirmed by the company in writing.
2.3 The customer acknowledges that no employee or agent of the company has any right to make any representation, warranty or promise in relation to the
service or the sale of any goods other than as contained in these terms.
3.1 Prices are determined at the time of the creation of a client’s Work Order and, prior to payment of the invoice, are subject to change without notice.
3.2 All pricing in these terms and on the website will be inclusive of GST.
- Payment Terms
4.1 We provide payment terms of net 7, and net 30 for project work and business customers only.
4.2 All residential technician service calls for faults and minor installations will be paid on the completion of the job.
4.3 If booking our service over the phone or online without pre-payment we will hold a credit card on your file. We will not process the card until your job is complete.
4.4 Net 7 clients will have 7 days from the invoice date to deposit the full invoice amount into the bank or merchant account.
4.5 Net 30 clients will have to be pre-approved for these payment terms. Contact our office to find out more.
4.6 Once approved for net 30 terms you will be subject to all terms stated in these terms and conditions.
4.7 If you wish to pay by credit card or PayPal you must have made successful contact with our office to make credit card or PayPal payment before your payment terms expire.
4.8 Invoices must be paid in full including any taxes.
4.9 All payment must be made in Australian dollars.
4.10 All payments must be paid in full by the due date provided to you on your invoice.
- Credit Card Payments
5.1 All credit card payments will be processed through our payment gateway PayPal or Stripe
5.2 We accept Visa, Master Card and will also accept direct PayPal deposits into our PayPal account.
5.3 We take care of the credit card processing fees from the bank for payments up to $2000. We will charge you the credit card processing fees once you reach the $2ooo cap.
- Late Payment
6.1 All payment must be successfully processed and payment captured by our company bank or merchant account by the due date marked on your invoice, which is subject to your payment terms. If this payment is not received by the due date you will be subject to section 6.3 and 6.4 and all of sections 7 of these terms and conditions.
6.2 If you are having troubles making your payment please contact our office before the due date of your invoice.
6.3 If your payment is not made in full by the due date we reserve the right to add an additional late payment fee of $66 weekly until paid or recovered through legal action. We will start adding late payment fees once your invoice reaches 30 days overdue.
6.4 If we incur any additional administration time that is needed to recover the unpaid amount, you will also be liable for the reimbursement of these costs. Including and not limited to court cost, legal fees, administration charges, or any cost to our company that we have made or services that we have had to provide in chasing you for the unpaid amount of your invoice.
7.1 Once we have exhausted every effort to contact you for an unpaid invoice we will hand your file to either our collection agency who will pursue you for the outstanding amount or we will use our lawyers to pursue you through the courts.
7.2 If it gets this far you will also be liable for any additional costs including but not limiting to, collection agency fees, lawyer fees, solicitor fees, barrister fees and any and all court costs.
7.3 You will also be liable for any and all administration cost that are associated with the processing of this collection through our offices.
7.4 After we have provided five reminders your invoice will be sent to the collection agency or we will take immediate legal action against you.
8.1 We provide you with a 90-day warranty on all our techs fault service calls.
i. If our techs have made a mistake we will give them 2 chances to fix it up to proper specifications.
ii. If unable to do so we will refund you the full amount of your technician fault service call.
iii. If our tech reattends on a warranty call and the issues are unrelated to the original call-out, you could be charged the full cost of a service call if you wish to continue with the work.
8.2 We provide a 1-year warranty on our labour for all installation work.
8.3 All material and parts supplied by us are covered by the manufacturer warranties.
8.9 On discovery of any defect in the goods, the customer must immediately notify the manufacture of the goods in writing of such defect. The customer must not carry out any remedial work on defective goods without first obtaining the written consent of the manufacture to do so.
8.10. The provisions of any act or law (including but not limited to the Trade Practices Act 1974) implying terms, conditions and warranties, or any other terms, conditions and warranties which might otherwise apply to or arise out of the contract are hereby expressly negatived and excluded to the full extent permitted by law.
8.11 The customer expressly acknowledges and agrees that it has not relied upon, and the company is not liable for any advice given by the company, its employees, agents or representatives in relation to the suitability for any purpose of the goods.
- After Hours
9.1 Our normal hours of operation are Monday to Friday from 8 am to 5 pm.
9.2 Any work that is out of normal hours of operation will incur a surcharge detailed in the labour rates in section 10 of these Terms.
- Labour Rates
10.1 Standard unit of labour = $110 per hour gst inc
10.2 Standard unit of labour (fibre tech) = $167 per hour gst inc
10.3 After hours unit of labour = $160.00 per hour gst inc
10.4 Public holidays unit of labour = $ 220.00 per hour gst inc
10.5 We reserve to right to make changes to the price of our labour rate as we see fit so prices may vary and change without notice.
- Emergency Call Outs
11.1 For any emergency call-outs that are after hours, or for any time you need us ASAP to attend your job where we need to reschedule another clients appointment to fit you in, a minimum of 4 hours after hours labour units will be charged for this service, plus service charge and any cost associated with parts that are needed to complete your job.
- Travel Charges
12.1 All service that can be a book on the website will include travelling up to 40 km from your locations start zone. Your zone will be where your techs pin drops on our tech locator map.
12.2 Anything over the 40 km travel to your location will be charged at the rates below
- Travel Rates
13.1 Rate 1: 0km – 40km one way from office = $0.00
13.2 Rate 2: 40km – 60km one way from office = $60.00
13.3 Rate 3: 60km – 80km one way from office = $120.00
13.4 Rate 4: 80km -90km one way from office = $180.00
13.5 Rate 5 90km – 100km one way from office = $240.00
13.6 Rate 6 100km – 150km one way from office = $360.00
13.7 Rate 7 150km – 200km one way from office = $580.00
13.8 Rate 8 200km – 300km one way from office = $1100.00
13.9 Rate 9 300km – 500km one way from office = $1400.00
13.10 Any rates from 13.8 to 13.9 could also be charged a living away from home expense if the technician will need to stay overnight because it is not practical to drive home. Any travel distance above 500km can be arranged just call the office to organise this trip.
13.11 Travel rates are subject to pricing changes without notice.
14.1 Any costs that may be incurred due to parking will be reimbursed to us
14.2 If we receive any parking infringement due to instruction followed by our employee’s or technician that were given by the client or any agent of the client related to parking the client will become liable for reimbursing us for any money fined due to this instruction.
15.1 If access to your building or premises requires security passes and paperwork to be filled out this will be charged at your standard unit of labour rate unless it is after hours or on a public holiday then the appropriate labour rates will apply.
16.1 If your building site or premises requires that our technician undergo inductions this will be charged at your standard unit of labour rate unless it is after hours or on a public holiday then the appropriate labour rates will apply.
- Safety Training
17.1 If our technicians require safety training to gain entrance to your site or premises this will be charged at your standard unit of labour rate unless it is after hours or on a public holiday then the appropriate labour rates will apply.
18.1. Inspection reports can be created at a cost starting from $35.00.
18.2 We provide this inspection report in the case of you seeking compensation from your ISP or Telco in the matter of a disputed claim that we may have been in attendance to or expressly asked to perform this inspection report on the request of the client.
18.3 We take no responsibility for decisions made or pending in relation to any legal claims made by the client against their ISP or NBN.
18.4 We will provide this service in an unbiased manner to provide true findings.
19.1 Any Work Order that is created as a result of you requesting our service may be cancelled if it is done so within 24 hours of your appointment date and time.
19.2 We reserve the right to charge you a standard unit of labour charge if the cancellation is requested anytime within a 24 hour period before the appointment date and time.
19.3 If we arrive at your premises on the day of your appointment and you cancel your job at this time, you shall be charged an incorrect call-out fee of $185.00
19.4 Refunds. If you have pre-paid for a job and cancel this service we will refund you your payment minus the payment fees from PayPal for a refund. We will also reserve the right to charge an admin fee of $66.00 to cover the time it takes our bookkeeper to refund and update or books on our end.
- Not in Attendance
20.1 If on the day we attend your premises and no one is in attendance to let our technician carry out the work you have ordered we will make 2 call’s to your contact number and leave a voice mail message and an SMS, our technician will wait 10 minutes for you to reply.
20.2 If no reply is made we will leave your premises and you will need to book a new appointment.
21.2 We provide free quotations for business or residential customer who have large cabling jobs. Just call the office to set it up.
21.3 All quotes will be valid for 14 days from the quotation date.
- Limited Liability
22.1 These Terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act 1974.
22.2 The company is not subject to, and the customer releases the company from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the goods and services we have provided. The customer acknowledges that the company is not:
(a) Responsible if the goods do not comply with any applicable safety standard or similar regulation; and
(b) Liable for any claim, damage or demand resulting from such non-compliance.
22.3 If any statutory provisions under the Trade Practices Act 1974 or any other statute apply to the contract between the company and the customer (contract) then, to the extent to which the company is entitled to do so, the company’s liability under the statutory provisions is limited, at the company’s option,
(a) Replacement or repair of the goods or the supply of equivalent goods; or
(b) Payment of the cost of replacing or repairing the goods or of acquiring equivalent goods; and in either case, the company will not be liable for any consequential loss or damage or other direct or indirect loss or damage.
- Right to Enter Premises
23.1 You grant access to our company employees, agents, and contractors to carry out our Work Order for you without being guilty of any manner of trespass;
(a) authorises the company by itself, its agents or representatives at all reasonable times, without notice, to enter onto (with force if reasonably necessary) and to remain in and on any premises where our goods and personal property is located in order to collect the goods or property, without being guilty of any manner of trespass; and
(b) Assigns to the company all the customer’s rights to enter onto and remain in and on such premises until all the goods and personal property have been collected.
23.2 You will allow our technician access to the inside roof space and under floor space of your premises to carry out any Work Order that has been created.
23.3 Our technician and any employee, agent or contractor of SECURE A COM PTY LTD should be safe from harm by entering your premises.
23.4 If you have an animal that may cause harm to one of our employees, this animal should be locked in a separate room away from our employee until the time he has safely left the premises.
23.5 We may refuse to enter your premises if we suspect illegal activity is taking place or has taken place on the client’s premises.
(a) Premises is unclean and could provide a potential health risk to our employees.
(b) If the clients are rude or make threatening statements to our employees.
(c) If the area where our employee needs to work is deemed unsafe by them at the time of entry.
- Force Majeure
24.1 The company will not be liable for any breach of contract due to any matter or thing beyond the company’s control (including but not limited to transport
stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident
- Waiver of Breach
25.1 No failure by the company to insist on strict performance of any of these terms is a waiver of any right or remedy which the company may have and is not a waiver of any subsequent breach or default by the customer
- No Assignment
18.1 Neither the contract nor any rights under the contract may be assigned by the customer without the prior written consent of the company, which is at the company’s absolute discretion.
27.1 If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.
- Governing Law
20.1 These terms and the contract shall be governed by the law of New South Wales and the parties submit to the courts of New South Wales in respect of any dispute arising.
29.1 All goods and services provided by Secure a Com will be subject to GST (Goods and Services Tax) and will have this included in the final total of your invoice.
This tax is mandatory and is required by Australian Taxation Law.