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 provide 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 verbal or signed agreement between SECURE A COM PTY LTD and the Client to provide our service or goods. Example of verbal contract is a Work Order.
“Work Order” mean 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.
“Pay on the Day” means you have made the full payment on the day of our service call.
“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.
2.1 These Terms apply to all contracts for any service or the sale of goods provided to the client by the SECURE A COM PTY LTD.
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.
- Payment Terms
4.1 SECURE A COM PTY LTD provides payment terms of net 7, net 30 and pay on the day.
4.2 All service calls for faults and minor installations will be subject to the net 7 terms or Pay on the Day.
4.3 Net 7 clients will have 7 days from invoice date to deposit the full invoice amount into the bank or merchant account of SECURE A COM PTY LTD or had successfully had a credit card payment processed by our tech on site or from our office.
4.4 Net 30 clients will have to be pre- approved for these payment terms. To apply for these terms you will need to do so I writing and email your request to
firstname.lastname@example.org 30 days before the commencement date of your project.
4.5 Once approved for net 30 terms you will be subject to all terms stated in these terms and conditions.
4.6 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.
4.7 Invoices must be paid in full including any taxes.
4.8 All payment must be made in Australian dollars.
4.9 All payments must be paid in full by the due date provided to you on your invoice.
4.10 If no payment date is present on your invoice you will need to make the full payment either 7 days or 30 days from the invoice date depending on what payment terms you are subject to.
- Credit Card Payments
5.1 All credit card payments will be processed through our payment gateway PayPal.
5.2 We accept Visa, Master Card and will also accept direct PayPal deposits into our PayPal account.
5.3 Because we are charged merchant fees for processing your credit card payments we add an additional 2.5 % charge to the total sum of your invoice to cover these merchant charges.
- 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 are 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 2.5 % per week to the total of your invoice that will compound weekly until the full amount has been successfully paid to SECURE A COM Pty Ltd.
6.4 If we incur any aditional administration time that is needed to recover the unpaid amount, you will also be liable for the reimbursement of these cost. 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.
6.5 Once you we have confirmed your appointment with us via email, you acknowledged that you are subject to our terms and condition.
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 If it regrettably gets to this stage this could potentially damage your credit rating and cost you much more than the original invoice.
7.5 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 SECURE A COM PTY LTD provides a 1 year warranty on our labour if it falls within the following Terms 8.2 to 8.3
8.2 If it is within 12 months from the date on your invoice and also meet the terms of section 8.3
8.3 If it is the direct result of poor workmanship on the part of our technician that is proven beyond reasonable doubt by the attending technician on the day of our re- attendance.
8.4 SECURE A COM PTY LTD will re-attend to make good on faulty or poor workmanship at our cost if it meets criteria above detailed in section 8.2 and 8.3.
8.5 If we re-attend because the client states that this should be under warranty and we discover that the fault or problem is unrelated, the client will be charged at normal rate of Service call fee plus hourly rate plus the cost of any and all material used to complete the job.
8.6 If the client wishes to not go ahead with the work once we determine the fault or problem is not cover under warranty client will still be subject to charges of
1 unit of labour and one call out fee plus any surcharges for after hours and or public holidays work.
8.7 We do not provide warranty for any parts that were used on your job.
8.8 All Goods and Parts supplied by SECURE A COM PTY LTD are covered by such warranties as are specified by the manufacturer and supplied subject to the product standards detailed by the manufacturer.
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 to alleged 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 Secure a Com’s normal hours of operation are Monday to Friday from 7am to 5pm.
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 = $125 per hour ex GST
10.2 After hours Unit of Labour = $150.00 per hour ex GST
10.3 Public Holidays Unit of Labour = $ 200.00 per hour ex GST
10.4 All jobs are charged at a minimum of 1 labour unit except of emergency call outs that are outlined in section 11.1
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 you need SECURE A COM to make time ASAP to attend your job where we need to reschedule another clients appointment to attend your job, a minimum of 4 hours after hours labour units will be charged for this service, plus a call out fee and any cost associated with parts that are needed to complete your job.
- Call Our Fee
12.1 All Service provided to our clients by SECURE A COM PTY LTD will be charged a call out fee.
12.2 Our call out fee covers our technician for the cost of travel to and from your premises including any tolls and charges associated with the trip, this fee also cover fuel insurances and general maintenance of the vehicle.
- Call out Rates
13.1 Rate 1: 0km – 15km one way from office = $85.00 ex GST ( this price also cover our return trip and tolls )
13.2 Rate 2: 15km – 30km one way from office = $110.00 ex GST ( this price also cover our return trip and tolls )
13.3 Rate 3: 30km – 40km one way from office = $150.00 ex GST ( this price also cover our return trip and tolls )
13.4 Rate 4: 40km -50km one way from office = $ 180.00 ex GST ( this price also cover our return trip and tolls )
13.5 Rate 5 50km – 80km one way from office = $260.00 ext GST ( this price also cover our return trip and tolls )
13.6 All distances will be determined by Google Maps using the route planner. Starting point will be our offices at Willock Ave Miranda NSW 2228 and the finishing point will be the clients location. Click Here to find out your distance.
13.7 A Call Out fee may be charged multiple times for the one Work Order if our company has to attend your job on multiple occasions to complete that Work Order.
13.8 Call out rates are subject to pricing changes without notice.
14.1 Any costs that may be incurred due to parking will be reimbursed to SECURE A COM PTY LTD.
14.2 If we receive any parking infringement due instruction followed by our employee’s or technician that where given by the client or any agent of the client related to parking the client will become liable for reimbursing SECURE A COM PTY LTD 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 ex GST.
18.2 Inspection reports can change in cost depending on the time it takes to create them and the level of detail needed.
18.3 We provide this inspection report in the case of you seeking compensation from your ISP or Telco in the matter of a disputed claims that we may have been in attendance to or expressly asked to perform this inspection report on the request of the client.
18.4 We take no responsibility for decisions made or pending in relation to any legal claims made by the client and ISP or Telco.
18.5 SECURE A COM PTY LTD will provide this service in an unbiased manner to provide true findings.
18.6 SECURE A COM PTY LTD will not be subject to pay any compensation in any form in relation to our inspection reports.
18.7 SECURE A COM PTY LTD will not be subject to any legal ruling against us due to any outcome of any legal or civil action that may be undertaken by the client and the ISP or Telco.
18.8 This report may also be used for the purpose of a pre-inspection before buying or leasing a property.
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 and a call out fee if the cancellation is requested anytime within a 24 hour period before the appointment date and time.
19.4 Refunds. If you have pre-paid for a Lead in Cable Inspection and cancel this service we will refund you your amount, but we will deduct the payment fees from PayPal for the initial payment and then the fees we get charged for a refund. We will need to charge and 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 a SMS, our technician will wait 30 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.
20.3 If our technician has made the appropriate steps to contact you that are stated section 20.1 and you did not respond within the 30 min timeframe, we then reserve the right to charge you one standard unit of labour and one call out fee.
21.2 We provide free quotations on installations for clients within a 15 min drive from our offices in Miranda NSW 2228. Any travel over and above this 15 min will be charged at the appropriate call out fee rates stated in section 13 and the unit of labour rate stated in section 10 of these terms.
21.3 All quotes will be valid for 14 days from quotation date.
21.5 We do not provide quotations on faults all faults are do-on charge.
21.6 Minimum of 1 unit of labour charge in accordance with section 10 will be charged per fault except if section 11 of these terms applies then the minimum labour units will be charged as per section 11.
- 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 liability 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 an illegal activity is taking place or has taken place in the client’s premises.
(a) Premises is unclean and could provide a potential health risk to our employees.
(b) If the clients is rude or makes threating statements to our employees.
(c) If the area were 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.
SECURE A COM TERMS AND CONDITIONS