Terms and Conditions
INTERPRETATION
1.1 Definitions: In these Terms, the following definitions shall apply:
- “Company,” “us,” “we” refers to SECURE A COM Pty Ltd.
- “Customer,” “Client,” “You” refers to the individual, corporation, or other legal entity that has engaged the Company for services.
- “Service” refers to any duty or labour performed by the Company for the Client.
- “Terms” refers to these terms and conditions of service.
- “Contracts” refers to the verbal or written agreement between the Company and the Client to provide services or goods, including Work Orders.
- “Work Order” refers to a job created in our system, constituting a verbal contract that binds the Client to the Company’s Terms and Conditions.
- “Payment Terms” refers to the agreed-upon payment schedule, such as “Net 7” or “Net 30,” or any other written agreement between the Company and the Client.
- “Net 7” means the Client has 7 days to pay the invoice.
- “Net 30” means the Client has 30 days to pay the invoice.
- “Onsite Payments” refers to payment made after the completion of the job.
- “Service Call” refers to a visit to the Client’s premises by an agent, employee, or contractor of the Company.
- “Goods,” “Parts,” “Materials” refers to any material purchased for carrying out the Work Order.
APPLICATION
2.1 Scope: These Terms shall apply to all contracts for any service or the sale of goods provided to the Client by the Company.
2.2 Amendments: No amendment, alteration, waiver, or cancellation of any of these Terms shall be binding on the Company unless confirmed by the Company in writing.
2.3 Representations: The Client acknowledges that no employee or agent of the Company has any right to make any representation, warranty, or promise concerning the service or the sale of any goods other than as expressly set forth in these Terms.
PRICES
3.1 Determination: Prices are determined at the time of the creation of the Client’s Work Order and, prior to payment of the invoice, may be subject to change without notice.
3.2 GST: All goods and services provided by Secure a Com are subject to GST (Goods and Services Tax), as required by Australian Taxation Law, and will be included in the final invoice total.
PAYMENT TERMS
4.1 Payment Options: The Company offers payment terms of “Net 7” and “Net 30” for project work and business customers only.
4.2 Residential Payments: All residential technician service calls for faults and minor installations shall be paid upon completion of the job.
4.3 Credit Card Hold: If booking our service over the phone or online without pre-payment, a credit card will be held on file, but not processed until the job is complete.
4.4 Net 7 Terms: Clients with “Net 7” terms must deposit the full invoice amount into the designated bank or merchant account within 7 days from the invoice date.
4.5 Net 30 Approval: Clients wishing to utilize “Net 30” terms must be pre-approved. Contact our office for further details.
4.6 Net 30 Compliance: Once approved for “Net 30” terms, clients shall be subject to all terms stated in these Terms and Conditions.
4.7 Credit Card or PayPal Payments: Payment by credit card or PayPal must be arranged with our office before the expiration of the payment terms.
4.8 Full Payment: Invoices must be paid in full, including any applicable taxes.
4.9 Currency: All payments must be made in Australian dollars.
4.10 Timely Payment: All payments must be paid in full by the due date provided on the invoice.
CREDIT CARD PAYMENTS
5.1 Processing: All credit card payments will be processed through our payment gateways, PayPal or Stripe.
5.2 Accepted Cards: We accept Visa, MasterCard, and direct PayPal deposits into our PayPal account.
5.3 Processing Fees: We cover credit card processing fees for payments up to $2000. Fees will be charged for amounts exceeding this cap.
LATE PAYMENTS
6.1 Due Date Compliance: Payments must be successfully processed by the due date marked on the invoice, subject to the specific payment terms. Non-compliance will result in actions as detailed in sections 6.3, 6.4, and section 7 of these Terms and Conditions.
6.2 Payment Difficulties: Contact our office before the due date if you encounter difficulties in making payment.
6.3 Late Payment Fees: A late payment fee of $66 weekly may be added for invoices 30 days overdue until paid or recovered through legal action.
6.4 Additional Costs: You may be liable for reimbursement of costs incurred in recovering unpaid amounts, including but not limited to court costs, legal fees, administration charges.
6.5 Credit Card Debiting: If a credit card was provided during booking, it may be debited for the full invoice amount 7 days after the due date. Failure to debit the card will result in legal action, subject to sections 6.3, 6.4, and section 7 of these terms.
COLLECTION
7.1 Collection Procedures: Should all efforts to contact you for an unpaid invoice be exhausted, your file will be transferred to our collection agency or legal representatives for pursuit of the outstanding amount.
7.2 Additional Costs: In such circumstances, you will be liable for additional costs, including, but not limited to, collection agency fees, legal fees, court costs.
7.3 Administrative Costs: You will also be responsible for any administrative costs associated with processing the collection.
7.4 Legal Action: Following five reminders, your invoice will be sent to the collection agency, or immediate legal action will be taken against you.
WARRANTY
8.1 Technician Fault Service Warranty: A 90-day warranty is provided on all technician fault service calls.
- Technicians will be given two opportunities to correct mistakes to proper specifications.
- A full refund will be provided if the issue cannot be resolved.
iii. Charges may apply for unrelated issues on a warranty call.
8.2 Labour Warranty: A 1-year warranty is provided on all installation work.
8.3 Manufacturer Warranties: All materials and parts are covered by manufacturer warranties.
8.9 Defect Notification: Defects must be reported in writing to the manufacturer. Remedial work must not be undertaken without written consent.
8.10 Exclusion of Implied Terms: All implied terms, conditions, and warranties are expressly negated and excluded to the full extent permitted by law.
8.11 No Reliance on Advice: The customer acknowledges that it has not relied upon any advice from the company regarding the suitability of the goods.
AFTER HOURS
9.1 Operating Hours: Normal hours of operation are Monday to Friday, 8 am to 5 pm.
9.2 Surcharge: Work outside normal hours will incur a surcharge as detailed in section 10.
LABOUR RATES
10.1 Standard Labour: $125 per hour, GST inclusive.
10.2 Fibre Tech Labour: $167 per hour, GST inclusive.
10.3 After Hours Labour: $160 per hour, GST inclusive.
10.4 Public Holidays Labour: $220 per hour, GST inclusive.
10.5 Package Services: All of our services are offered as packages, comprising 1 hour of labour and travel up to 40 km from our office locations. Should a service call exceed the included 1-hour labour, additional labour will be charged at the applicable standard, fibre tech, after-hours, or public holiday labour rates. Should travel exceed the included 40 km, additional travel will be charged according to the rates specified in the “TRAVEL CHARGES” section.
10.6 Notification: Clients will be informed of the possibility of additional charges at the time of booking and will have the opportunity to consent to such charges.
10.7 Transparency: An itemised breakdown of any additional labour or travel charges will be provided in the final invoice.
10.8 Price Changes: We reserve the right to change labour rates without notice.
EMERGENCY CALL OUTS
11.1 Emergency Services: Emergency call-outs outside normal hours, or requiring immediate attendance, will be charged a minimum of 4 hours of after-hours labour units, plus service charge and any associated parts costs.
TRAVEL CHARGES
12.1 Inclusion: Services booked on the website include travel up to 40 km from the technician’s start zone, as indicated on our tech locator map.
12.2 Additional Charges: Travel beyond 40 km will be charged according to the rates specified below.
Travel Rates
13.1 – 13.9: The following rates apply for one-way travel from the office:
- Rate 1: 0km – 40km = $0.00
- Rate 2: 40km – 60km = $60.00
- Rate 3: 60km – 80km = $120.00
- Rate 4: 80km – 90km = $180.00
- Rate 5: 90km – 100km = $250.00
- Rate 6: 100km – 150km = $360.00
- Rate 7: 150km – 200km = $680.00
- Rate 8: 200km – 300km = $1100.00
- Rate 9: 300km – 500km = $1400.00
13.10 Special Arrangements: Rates from 13.8 to 13.9 may include additional living expenses for overnight stays. Travel distances above 500km can be arranged by contacting our office.
13.11 Changes: Travel rates are subject to change without notice.
PARKING
14.1 Parking Costs Please be aware that our travel rates do not include parking fees. If parking is required at your location, you will be charged at the rate we need to pay for parking, plus an additional $5 per up to every $20 spent on parking. This ensures that all actual costs are covered, with no hidden surprises.
14.2 Liability for Infringements: The client will be liable for any parking fines resulting from instructions given by the client or their agents.
SECURITY
15.1 Security Access: Charges for security passes and paperwork will be at the standard unit of labour rate, with after-hours or public holiday rates as applicable.
INDUCTIONS
16.1 Induction Requirements: Charges for required inductions will be at the standard unit of labour rate, with after-hours or public holiday rates as applicable.
SAFETY TRAINING
17.1 Safety Training Requirements: Charges for required safety training will be at the standard unit of labour rate, with after-hours or public holiday rates as applicable.
REPORTS
18.1 Inspection Reports: Available starting from $35.00.
18.2 Purpose: Provided for disputes with ISPs or Telcos.
18.3 Limitation of Responsibility: We are not responsible for legal decisions related to claims against ISPs or NBN.
18.4 Unbiased Service: Reports will be provided in an unbiased manner.
CANCELLATIONS
19.1 – 19.4: Cancellation policies include 24-hour notice requirements, charges for late cancellations, incorrect call-out fees, and administrative fees for refunds.
NOT IN ATTENDANCE
20.1 No-Show Policy: If no one is present at the appointment, two calls and a 10-minute wait will be made before leaving.
20.2 Rescheduling: If no reply is received, a new appointment must be booked.
QUOTATIONS
21.1 Installations
21.2 Provision: We offer complimentary quotations for business or residential customers requiring extensive cabling services. Contact our office to arrange a quotation.
21.3 Validity: All quotations shall remain valid for a period of 14 days from the date of issuance.
LIMITED LIABILITY
22.1 Statutory Rights: These Terms do not affect rights, entitlements, and remedies conferred by the Trade Practices Act 1974.
22.2 Exclusions: The company is not liable for any consequential loss or damage due to delay in delivery or defects in goods and services. The company is not responsible for non-compliance with safety standards and is not liable for any claims or damages resulting from such non-compliance.
22.3 Limitations: If statutory provisions apply, the company’s liability is limited to the replacement, repair, or payment of the cost of goods, at the company’s discretion. The company will not be liable for consequential or indirect loss or damage.
RIGHT TO ENTER PREMISES
23.1 Access: You grant our company, employees, agents, and contractors the right to enter and remain on your premises to carry out the Work Order without trespass.
23.2 Roof and Floor Access: You shall allow our technicians access to inside roof space and under-floor space.
23.3 Safety: Our technicians and representatives must be safe from harm on your premises.
23.4 Animal Precautions: Any potentially harmful animals must be confined during our visit.
23.5 Refusal of Entry: We may refuse entry if we suspect illegal activity or if:
- 23.6(a) Premises pose a health risk.
- 23.6(b) Clients are rude or threatening.
- 23.6(c) Work area is deemed unsafe.
Intellectual Property Rights and Confidentiality
24.1 Intellectual Property Rights
24.1.1 Ownership: All intellectual property rights, including but not limited to patents, copyrights, trademarks, trade secrets, designs, and proprietary methods (collectively, “Intellectual Property”), created, developed, or used by SECURE A COM Pty Ltd in connection with the services provided under this Agreement, shall remain the exclusive property of SECURE A COM Pty Ltd.
24.1.2 License: Subject to the terms and conditions of this Agreement, SECURE A COM Pty Ltd may grant the Client a limited, non-exclusive, non-transferable license to use certain Intellectual Property solely for the purpose of utilizing the services provided by SECURE A COM Pty Ltd. Such license shall be subject to any restrictions or limitations expressly set forth in this Agreement or any applicable Work Order.
24.1.3 Restrictions: The Client shall not copy, modify, distribute, sell, lease, reverse engineer, or otherwise misuse any Intellectual Property belonging to SECURE A COM Pty Ltd, nor shall the Client permit any third party to do so.
24.1.4 Infringement: The Client shall promptly notify SECURE A COM Pty Ltd of any infringement or suspected infringement of the Intellectual Property and shall cooperate fully with SECURE A COM Pty Ltd in any legal action taken to enforce SECURE A COM Pty Ltd’s Intellectual Property rights.
24.2 Confidentiality
24.2.1 Definition: “Confidential Information” shall mean all non-public information, including but not limited to business plans, customer data, financial information, proprietary techniques, trade secrets, and any other information that is designated as confidential or would reasonably be understood to be confidential, disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”) in connection with this Agreement.
24.2.2 Obligations: The Receiving Party shall hold the Confidential Information in strict confidence and shall not disclose, disseminate, or use the Confidential Information, except as necessary to perform its obligations under this Agreement or as expressly authorized in writing by the Disclosing Party.
24.2.3 Exceptions: The obligations of confidentiality shall not apply to information that: (a) is or becomes publicly available without breach of this Agreement; (b) was known to the Receiving Party prior to disclosure by the Disclosing Party; (c) is independently developed by the Receiving Party without reference to the Confidential Information; or (d) is required to be disclosed by law, regulation, or court order, provided that the Receiving Party provides prompt notice to the Disclosing Party and cooperates in any effort to obtain confidential treatment for the information.
24.2.4 Return or Destruction: Upon termination of this Agreement or at the Disclosing Party’s request, the Receiving Party shall promptly return or destroy all copies of the Confidential Information in its possession or control and certify in writing its compliance with this provision.
24.2.5 Survival: The obligations of confidentiality under this section shall survive the termination or expiration of this Agreement for a period of five (5) years.
Termination
25.1 Right to Terminate: Either party may terminate this Agreement under the following conditions:
25.1.1 Breach of Contract: In the event of a material breach of any provision of this Agreement by the other party, provided that the breaching party has been given written notice of the breach and has failed to cure such breach within thirty (30) days of receipt of such notice.
25.1.2 Failure to Meet Obligations: If either party fails to meet its obligations under this Agreement and such failure continues for a period of thirty (30) days after written notice thereof.
25.1.3 Insolvency: In the event that either party becomes insolvent, files for bankruptcy, or is placed into receivership.
25.1.4 Mutual Agreement: By mutual written agreement of the parties.
25.2 Consequences of Termination: Upon termination of this Agreement, all rights and obligations shall cease, except that any obligations or rights that by their nature should survive termination shall continue in effect beyond termination.
25.3 Termination Fees: Termination fees, if any, shall be as specified in the applicable Work Order or as otherwise agreed in writing by the parties.
Section 26: Dispute Resolution
26.1 Good Faith Negotiation: In the event of any dispute arising out of or relating to this Agreement, the parties shall first attempt to resolve the dispute through good faith negotiation.
26.2 Mediation: If the dispute cannot be resolved through negotiation within thirty (30) days, the parties agree to attempt to resolve the dispute through mediation by a mutually agreed-upon mediator, in accordance with the rules of a recognized mediation institution.
26.3 Arbitration: If mediation is unsuccessful, the parties may agree to submit the dispute to binding arbitration, conducted in accordance with the rules of a recognised arbitration institution. The decision of the arbitrator shall be final and binding on both parties.
26.4 Litigation: If the parties are unable to resolve the dispute through mediation or arbitration, either party may initiate legal proceedings in a court of competent jurisdiction.
26.5 Costs: Unless otherwise agreed in writing, each party shall bear its own costs and expenses in connection with the dispute resolution process, including attorneys’ fees. The costs of mediation or arbitration shall be shared equally by the parties.
26.6 Continuation of Performance: During the pendency of any dispute, the parties shall continue to perform their respective obligations under this Agreement, unless and until the Agreement is terminated in accordance with its terms.
Data Protection
27.1 Compliance with Privacy Laws: Both parties shall comply with all applicable data protection and privacy laws and regulations in the collection, processing, and storage of personal or sensitive data.
27.2 Data Handling: The Company shall implement appropriate security measures to protect personal or sensitive data against unauthorized access, disclosure, alteration, or destruction.
27.3 Data Breach: In the event of a data breach, the Company shall promptly notify the Client and take all necessary steps to mitigate the impact of the breach, in accordance with applicable laws.
Section 28: Indemnification
28.1 Indemnity: The Client agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and subcontractors from and against all claims, damages, losses, and expenses, including reasonable legal fees, arising out of the Client’s use or misuse of the services or products provided by the Company.
28.2 Limitation: The indemnification obligations under this section shall not apply to any claim or loss to the extent caused by the Company’s negligence or willful misconduct.
Section 29: Accessibility and Safety
29.1 Access Requirements: The Client shall provide safe and reasonable access to specific locations as required for the performance of the services, including obtaining any necessary permissions or clearances.
29.2 Safety Compliance: The Client shall ensure that all access areas comply with applicable health and safety regulations and shall promptly notify the Company of any known hazards or safety concerns.
Section 30: Subcontracting
30.1 Right to Subcontract: The Company may engage subcontractors to perform some or all of its obligations under this Agreement, provided that the Company shall remain responsible for the performance of such obligations.
30.2 Subcontractor Compliance: Any subcontractors engaged by the Company shall be required to comply with all terms and conditions of this Agreement, and the Company shall be responsible for ensuring such compliance.
30.3 Client Consent: The Company shall obtain the Client’s prior written consent before engaging any subcontractors for significant portions of the Work Order, and such consent shall not be unreasonably withheld.
Changes and Modifications
31.1 Request for Changes: Either party may request changes or modifications to the agreed-upon services or products. Such requests must be made in writing and include detailed specifications of the proposed changes.
31.2 Agreement on Changes: Changes or modifications shall only become effective upon written agreement by both parties, including any adjustments to costs, timelines, or other relevant terms.
31.3 Impact on Obligations: The Company shall not be liable for any delays or increased costs resulting from changes or modifications requested by the Client, and the Client shall be responsible for any additional costs incurred as a result of such changes.
Section 32: Insurance
32.1 Insurance Requirements: The Company shall maintain appropriate insurance coverage, including but not limited to public liability insurance, workers’ compensation insurance, and professional indemnity insurance, as required by law or as reasonably necessary to protect the interests of both parties.
32.2 Client’s Insurance: The Client shall maintain any insurance coverage required by law or as may be reasonably necessary to cover its potential liabilities under this Agreement.
32.3 Proof of Insurance: Upon request, either party shall provide evidence of the required insurance coverage to the other party.
Section 33: Entire Agreement
33.1 Superseding Agreement: These terms and conditions, together with any written amendments, addenda, or exhibits specifically referenced herein, constitute the entire agreement between the parties and supersede all prior or contemporaneous agreements, understandings, representations, or warranties, whether written or oral.
33.2 No Oral Modifications: No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.
33.3 Conflicting Terms: In the event of any conflict between these terms and conditions and any other document, the terms and conditions of this Agreement shall prevail.
Section 34: Compliance with Policies and Statements
The Client acknowledges that in engaging the services of SECURE A COM Pty Ltd, they are bound by the following policies and statements, which are integral to the terms and conditions of service:
- Modern Slavery Statement: Commitment to preventing slavery and human trafficking in all its forms within the company and its supply chains.
- Editorial Guidelines: Guidelines governing the creation and publication of content.
- Human Trafficking Statement: Statement outlining the company’s stance against human trafficking.
- Notice of Non-Discrimination: Commitment to providing equal opportunities without discrimination.
- Anti-Corruption Policy: Policy against bribery and corruption in all business dealings.
- Cookie Policy: Information on the use of cookies on the company’s website.
- Terms & Conditions: Terms governing the provision of services.
- Privacy Policy: Policy detailing the collection, use, and protection of personal information.
- GDPR Compliance: Compliance with the General Data Protection Regulation for clients within the European Union.
- Legal Removal Policy: Procedures for the removal of content in compliance with legal requirements.
- Intellectual Property and Content Compliance Policy: Policy governing intellectual property rights and content compliance.
- End-User License Agreement: Agreement governing the use of software or other products.
- Creative Commons Attribution Policy: Policy regarding the use of Creative Commons-licensed content.
- Advertising Policy: Guidelines for advertising and promotional activities.
- Do Not Sell My Info Policy: Policy regarding the sale of personal information.
- Results Not Typical Policy: Disclaimer regarding atypical results or outcomes.
- Affiliate Disclaimer: Disclosure regarding affiliate relationships and commissions.
- Income Disclaimer: Disclaimer regarding potential income or financial results.
- Not Affiliated With Disclaimer: Statement clarifying non-affiliation with other entities or brands.
- Community Guidelines: Rules and expectations for community engagement and interaction.
The Client is responsible for reviewing and understanding these policies and statements, and compliance with them is a condition of the contract. Any violation of these policies may result in termination of services or other legal actions.
FORCE MAJEURE
35.1 Exemption: The company is not liable for breaches of contract due to unforeseen circumstances beyond control, including transport issues, natural disasters, strikes, wars, interventions, explosions, or accidents.
WAIVER OF BREACH
36.1 Non-Waiver: Failure to insist on strict performance does not waive any rights or remedies, nor does it waive subsequent breaches or defaults.
NO ASSIGNMENT
37.1 Restrictions: The contract and rights under it may not be assigned without prior written consent from the company.
SEVERABILITY
38.1 Validity: If any provision is unlawful, invalid, or unenforceable, the remaining provisions remain valid and enforceable.
GOVERNING LAW
39.1 Jurisdiction: These terms and the contract are governed by the law of New South Wales, and the parties submit to its courts.
TAXES
40.1 GST: All goods and services provided by Secure a Com are subject to GST (Goods and Services Tax), as required by Australian Taxation Law, and will be included in the final invoice total.