1.1 This Customer Service Agreement (CSA) commences on the Agreement Date and, where the Customer
has opted for one or more Security Services as part of this CSA, continues for the Initial Term. Upon
expiry of the Initial Term, this CSA will automatically renew for successive three months periods until
such time as either party terminates this CSA in accordance with clause 13.
2.1 This CSA may be subject to a Cooling Off Period in accordance with the applicable legislation regarding
unsolicited consumer agreements (as this term is defined in the Competition and Consumer Act 2010
2.2 Where a Cooling Off Period applies:
(a) SECURE MAX will not accept any payment during the Cooling Off Period;
(b) SECURE MAX will not provide any Security Services during the Cooling Off Period;
(c) SECURE MAX will not supply any Equipment exceeding five hundred Australian Dollars ($500) in value
during the Cooling Off Period;
(d) the Customer may cancel this CSA within this period without penalty by giving SECURE MAX notice
verbally or in writing. The Customer may use the notice in the prescribed form contained in the CSA.
2.3 If the Customer cancels this CSA during the Cooling Off Period and Equipment was supplied during that
period, the Customer agrees to provide SECURE MAX with reasonable access to the Site during Standard
Hours to remove the Equipment within thirty (30) days of cancellation. Failure to provide SECURE MAX with
such access will result in the Customer being invoiced for the cost of the Equipment.
3.1 In consideration of payment of the Fees by the Customer, SECURE MAX agrees to supply the Equipment
and/or the Security Services described in the CSA to the Customer, in accordance with the terms and
conditions herein, including any schedules, forms, specifications and other referenced materials (if any).
3.2 If there is an inconsistency between the documents forming the CSA, specific requirements will prevail
over general requirements.
3.3 Supply of Equipment. If the Customer has purchased equipment as part of this CSA, SECURE MAX
shall use all reasonable endeavours to deliver the Equipment by the time specified in the CSA (if any)
during Standard Hours. The Customer acknowledges and agrees that delivery dates or periods quoted
by SECURE MAX are estimates only, and are subject to timely receipt of all Customer information, other
material, and permits from the Customer necessary to allow SECURE MAX to proceed with the delivery
of the Equipment. SECURE MAX shall not be liable to the Customer in any event for any direct or indirect
loss, damage, expense or cost of any nature and howsoever arising, suffered or incurred by the
Customer as a result of any delay or failure to deliver the Equipment at the time specified. Risk in the
Equipment shall pass to the Customer upon delivery to the Customer in accordance with the CSA. Title
to and ownership of the Equipment shall pass to the Customer upon receipt by SECURE MAX of payment
in full for the Equipment.
3.4 Equipment Installation. If the Customer has elected Equipment Installation as part of this CSA,
SECURE MAX will install the Equipment at the Site on the Commissioning Date during Standard Hours.
The Customer must pay SECURE MAX for the Equipment and for Equipment Installation in the manner
specified in the CSA. Any necessary structural alterations to the Site and the provision of 240v mains
power connections are not included in the Equipment Installation, and additional charges will apply,
unless specified otherwise in the CSA. If the Equipment Installation has not been achieved within forty-five
(45) working days of the estimated installation date due to factors outside the Customer’s control,
unless otherwise agreed by the Customer, the Customer may cancel this CSA without penalty. Following
completion of the installation of the Equipment, SECURE MAX will issue a commissioning certificate to the
Customer stating the installation completion date.
3.5 Warranty of Equipment. SECURE MAX warrants that the Equipment will be free from defects for the
Warranty Period and SECURE MAX will perform all Warranty Work to rectify such defects during the Warranty
Period. The Customer shall inspect all Equipment upon delivery, and must, within five (5) business days
of delivery, give notice to SECURE MAX if the Equipment or any part thereof is not in accordance with this
CSA. If the Customer experiences any operational faults or defects in the Equipment during the Warranty
Period, the Customer must contact SECURE MAX as soon as possible to permit SECURE MAX to carry out the
Warranty Work. Any Equipment or part thereof that is proved to be defective will be repaired or replaced
by SECURE MAX at its option, at no cost to the Customer. The Customer acknowledges and agrees that the
Equipment warranty provided under this CSA does not cover:
(a) any defect, fault, damage or malfunction caused by the Customer’s failure to regularly maintain
and test the Equipment in accordance with the applicable Australian Standards and the
(b) fair wear and tear.
(c) any defect, fault, damage or malfunction caused by the Customer’s negligence, fault, neglect, abuse
or incorrect installation, connection or use of the Equipment or as a result of vandalism, fire, water
damage, power surge, lightning, electrical storm or any other circumstance outside of SECURE MAX’s
control or that of the manufacturer.
(d) any defect, fault, damage or malfunction caused by the Customer’s failure to replace consumables
required for the use and operation of the Equipment (such as, without limitation, batteries or light
(e) any actual or attempted unauthorised repair, modification, removal or reinstallation of, interference
with or work on, the Equipment by any person other than SECURE MAX.
Warranty Work will be performed when reasonably requested by the Customer during Standard Hours
unless otherwise agreed. SECURE MAX will not be liable to the Customer for any claims made for injury, loss
or damage to any person, resulting from SECURE MAX’s failure to provide the Warranty Work if the Customer
fails to give SECURE MAX access to the Site. If, after the expiry of the Warranty Period, the Customer
requests (either in person, in writing or via telephone) SECURE MAX to diagnose and rectify a defect, fault or
malfunction in the Equipment, SECURE MAX may charge the Customer a fee for such diagnosis, rectification
or advice at its standard rates published by SECURE MAX from time to time.
For the avoidance of doubt, this clause 3.5 does not apply to any Pre-Existing Equipment.
3.6 Equipment returns. SECURE MAX will accept Equipment returns for credit where SECURE MAX has
incorrectly supplied the Equipment or the Equipment has been damaged in transit by SECURE MAX’s
carrier. The Customer may not return any Equipment for credit without obtaining prior written
authorisation from SECURE MAX. Except for Equipment incorrectly supplied or damaged in transit by
SECURE MAX’s carrier, any Equipment returned for credit shall be subject to a restocking fee payable by
the Customer calculated as 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 shall be prepaid by the Customer
unless otherwise approved by SECURE MAX in writing.
3.7 Provision of Security Services. SECURE MAX will provide the Security Services to the Customer for
the Term. Preventative Maintenance and Event Reports Services will be carried out within the Standard
Hours. If, at any time during the Initial Term, SECURE MAX becomes unable to provide the Security Services
to the Customer due to reasons or circumstances beyond SECURE MAX’s control, SECURE MAX will notify the
Customer as soon as reasonably practicable and, at the election of the Customer, either refund any Fees
paid for those Security Services which cannot be provided, or terminate this CSA with immediate effect and
waive the payment of any Early Termination Fees (provided that where a Security Service is no longer being
provided by SECURE MAX, that Security Service was elected by the Customer at the time of the Agreement
Date). For the avoidance of doubt, the Customer will still be required to pay to SECURE MAX any Fees due
and payable on account of Security Services performed up to the date of the termination
4.1 Payment. In consideration of SECURE MAX supplying the Equipment, the Equipment Installation, the
Warranty Work and/or Security Services, the Customer shall pay the Fees to SECURE MAX as specified in
this CSA without any set-off or deduction.
4.2 Customer Site.
(a) Safety. The Customer is liable to ensure the Site will at all times be a safe working environment for
SECURE MAX’s employees, contractors, agents and authorised representatives and (without limitation)
does not contain asbestos or similar hazards or any infections or building diseases. The Customer
must notify SECURE MAX in advance of any unsafe condition at the Site that may affect the performance
of work at the Site. SECURE MAX reserves the right to refuse to perform any work at the Site (including
without limitation Equipment Installation, Preventative Maintenance, or Warranty Work) without
any liability to the Customer, if in SECURE MAX’s reasonable opinion the Site is not a safe working
environment, until such time as the Site has been made safe at the Customer’s cost (including
professional removal of all asbestos product from that part of Site where asbestos is present). Any
such delay or suspension of the Warranty Work, Equipment Installation and/or Security Services will
not constitute a breach of this CSA and will entitle SECURE MAX to an extension of time to complete the
required work. The Customer shall not be entitled to claim any liquidated damages (whether liquidated
or unliquidated) by reason of such delay or suspension and will be solely liable for any damage, loss
or cost incurred or suffered as a result thereof (including without limitation, the failure of fire alarm
monitoring equipment, telecommunication carrier lines, power supply, costs relating to Emergency
Services charges, or relocation of any equipment).
(b) Pre-existing utilities. The Customer shall identify and notify SECURE MAX of, either verbally or in writing,
the location of any existing services, concealed pipes, wires and cables for water, gas, electricity,
telephone or other services affecting the Site. In the absence of such notice, SECURE MAX will have no
liability to the Customer for any delay, cost, loss or damage arising from the location of such services
(including any damage thereto) or any consequence resulting directly or indirectly from such delay,
cost, loss or damage (including without limitation, any loss of production, loss of contract, loss of profit
or income or any financial loss), and the Customer hereby agrees to indemnify SECURE MAX and keep
SECURE MAX indemnified against any claim whatsoever for any loss or liability of any nature under this
(c) Access. The Customer must procure free, continuous and unobstructed access to the Site during
Standard Hours to enable SECURE MAX to provide the Warranty Work, Equipment Installation and/or
Security Services. If access is delayed, impeded or interrupted, additional charges may apply and will
SECURE MAX’s operators and that they will not use video captured by the system to verify the nature of
site generated alarms.
(h) The Customer hereby acknowledges and agrees that SECURE MAX shall in no event be liable for any
claim, injury, loss, cost, expense or damage sustained or incurred by the Customer or any third party
arising directly or indirectly out of or in connection with any defect, limitation, error or malfunction in
the Telecommunication Network in the course of SECURE MAX providing the Interactive Services.
6.1 Nothing in this CSA limits or excludes the application of the Competition and Consumer Act 2010 (Cth)
including the Australian Consumer Law.
6.2 If the Customer is a “consumer” as defined in the Australian Consumer Law, the following additional
(a) To the extent any of the Security Services and/or Equipment supplied by SECURE MAX under this CSA
represents goods, those goods come with guarantees that cannot be excluded under the Australian
Consumer Law. The Customer is entitled to a replacement or refund for a major failure and for
compensation for any other reasonably foreseeable loss or damage. The Customer is also entitled to
have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does
not amount to a major failure. The benefits to the Customer given by this guarantee are in addition to
other rights and remedies of the Customer under applicable laws relating to the goods.
(b) To the extent any of the Security Services and/or Equipment supplied by SECURE MAX under this CSA
represents services; those services come with non-excludable guarantees that cannot be excluded
under the Australian Consumer Law, including that they will be provided with due care and skill and be
reasonably fit for their purpose. The Customer is entitled to a refund or the re-supply of the services
for a breach, and to compensation for any other reasonably foreseeable loss or damage.
6.3 If a defect in the Equipment develops within the Warranty Period or any Extended Warranty Period (as
applicable), the Customer is entitled to submit a warranty claim by notifying SECURE MAX (verbally or in
writing), who agrees to repair or replace (at its sole discretion) the defective Equipment. When returning the
Equipment, the Customer must ensure it is properly packaged so that no damage occurs during transit and
include the original or a copy of the proof of purchase and, where possible, an explanation of the problem.
6.4 Pursuant to the warranty in clause 6.2 and 6.3, where SECURE MAX elects to repair the Equipment:
(a) Equipment presented for repair may be replaced by refurbished goods of the same type rather than
being repaired. Refurbished parts may be used to repair the goods; and
(b) if the Equipment is capable of retaining user-generated data, the repair of the Equipment may result in
the loss of the data.
6.5 The foregoing warranty is provided is a division of SECURE MAX. Registered office:
Shop 2, B101, 548-568 Canterbury Road, Campsie NSW 2194
7.1 If the Customer requests SECURE MAX to provide Additional Services, the terms of the CSA will apply to
the Additional Services and the Customer must pay for the Additional Services at the following rate(s):
(a) if SECURE MAX has quoted an amount before providing the Additional Services, the amount quoted; and
(b) if SECURE MAX has not given any quote, an amount calculated at SECURE MAX’s standard rates for such
Additional Services applicable at that time.
7.2 SECURE MAX will provide an estimated time to complete the Additional Services based on the description
of the likely Additional Services that will be required.
7.3 Any variations to the Equipment and/or Security Services required by the Customer must be agreed in
writing by both parties prior to becoming effective.
7.4 All additional costs arising from clause 7.1 above and any alteration to the specifications required by
the Customer including any interruption or delays by the Customer, its employees, contractors, agents,
invitees or any other trades or third parties not within the control of SECURE MAX during the course of
work performed may result in additional charges including the reasonable costs of delay.
7.5 In the event that SECURE MAX has agreed to deliver the Security Services by a date agreed between the
parties and such delivery is delayed by the occurrence of an Event or by any third party, or the Customer
or its employees, contractors, agents or invitees, SECURE MAX shall be entitled to a reasonable extension
of time to complete the Security Services and compensation for all additional costs reasonably incurred.
8.1 In this clause:
(a) “Intellectual Property Rights” means all current and future registered and unregistered rights in
respect of copyright, designs, software, domain names, circuit layouts, trade names, trademarks,
trade secrets, know-how, confidential information, patents, inventions and discoveries and all other
intellectual property as defined in article 2 of the Convention Establishing the World Intellectual
Property Organisation 1967 (as amended from time to time) subsisting anywhere in the world in
respect of the Equipment, the Security Services and any documentation, record or material in any
form or media (whether tangible or tangible) prepared or provided by SECURE MAX under this CSA, and
applications for any of the foregoing; and
(b) “Confidential Information” means information, knowledge, technical or non-technical data, formulas,
patterns, compilations, prototypes, models, sample products, equipment, patent applications,
concepts, ideas, Intellectual Property Rights, programmes, devices, methods, techniques, drawings,
functional specifications, processes, financial data, financial plans, product or service plans or lists
of actual or potential customers or suppliers disclosed by one party (the “Disclosing Party”) to the
other party (the “Receiving Party”) orally, visually, in writing or other tangible forms, including any
information obtained from a site visit to an engineering centre and/or factory or any information
obtained from or derived from the Confidential Information, as well as the terms of this CSA and the
existence of the CSA.
8.2 SECURE MAX retains all rights, title and interest subsisting in the Intellectual Property Rights. SECURE MAX
grants to the Customer a royalty- free, non-exclusive, non-transferrable, revocable licence to use the
Intellectual Property Rights to the extent necessary for the purpose of using the Equipment and/or the
Security Services in accordance with the CSA. The Customer must not in any way modify, adapt or
reverse-engineer the Equipment and/or the Security Services.
8.3 All intellectual property rights in materials (including, without limitation, any specifications) supplied by
the Customer at the commencement of this CSA remain the property of the Customer. The Customer
grants SECURE MAX a perpetual, irrevocable, royalty free, non-exclusive licence to use, reproduce and
modify the Customer’s materials for any purpose related to this CSA.
8.4 If the Customer requests SECURE MAX to use the Customer’s materials for purposes of performing
SECURE MAX’s obligations under the CSA, the Customer agrees to indemnify SECURE MAX and keep
SECURE MAX indemnified against any liability, cost, expense, loss or damage that SECURE MAX may incur in
connection with any and all claims, demands, actions or proceedings in relation to:
(a) any actual or alleged breach of any obligation (including confidentiality obligations) owed to any
(b) any actual or alleged infringement of the intellectual property rights of any person.
8.5 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:
(a) use its best endeavours to keep all Confidential Information confidential and accordingly not to
disclose any Confidential Information to any other person; and
(b) not use any Confidential Information for any purpose other than the performance of the obligations
under this CSA.
8.6 Confidential Information may be disclosed by the Receiving Party to:
(a) any customers or prospective customers;
(b) any governmental or other authority or regulatory body; or
(c) any directors, officers, employees, agents, contractors or advisers of the Receiving Party,
to 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 each case to the Receiving Party using its best endeavours
to ensure that the person in question keeps the same confidential and does not use the same except for
the purposes for which the disclosure is made.
8.7 Confidential Information may be used by the Receiving Party for any purpose, or disclosed by the
Receiving Party to any other person, to the extent only that:
(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 Party shall not disclose any Confidential Information which is
not public knowledge); or
(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 disclosed by the Disclosing Party to the Receiving Party.
8.8 Neither party shall advertise, make any public announcement or make any representation to any media
(a) this CSA;
(b) the performance of this CSA by any party;
(c) any matter related to this CSA; or
(d) any other party (including the manufacturer of the Equipment, if applicable, and any Related Body
Corporate of a party), without the prior written consent of the other party.
9.1 SECURE MAX may obtain information about the Customer’s creditworthiness on terms which attract the
operation of the Privacy Act 1988 (Cth). By entering into this CSA, the Customer specifically agrees and
to the extent permitted by law, SECURE MAX may give to and seek personal information from a credit
reporting agency about the Customer and the Customer’s credit arrangements including without
(1) information contained in this CSA or in any credit application made with SECURE MAX in relation to this
(2) the Customer’s name, sex, date of birth, current address and last two addresses, current or last
known employer and driver’s license number;
(3) the amount of credit the Customer has applied for;
(4) payments which may become more than sixty (60) days overdue;
(5) advice that payments are no longer overdue;
(6) a serious credit infringement which SECURE MAX believes the customer has committed;
(7) the discharge of the Customer’s credit facility or this CSA;
(8) that the Customer has drawn cheques for $100.00 or more which have been dishonoured more than
(9) that court judgments and/or bankruptcy orders have been made against the Customer.
(b) SECURE MAX may obtain from a credit reporting agency a credit report containing personal
credit information about the Customer, and a credit report containing information about the
Customer’s commercial credit worthiness;
(c) SECURE MAX 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 about the Customer’s personal or
commercial credit arrangements including information about the Customer’s:
(2) credit standing;
(3) credit history; or
(4) credit capacity.
(d) to the extent permitted by law, SECURE MAX may use any credit report obtained by SECURE MAX
for the following purposes:
(1) to assess the Customer’s credit application;
(2) to collect payments that are overdue;
(3) to notify a credit provider if the Customer breaches this CSA;
(4) to exchange personal information with other credit providers as to the status of the
Customer’s account where the Customer is in breach of a contract with a credit provider;
(5) to assess the Customer’s creditworthiness;
(6) to allow a credit reporting agency to create a file about the Customer;
(7) to administer the Customer’s account;
(8) any other purpose permitted or required by law.
9.2 The Customer authorises SECURE MAX to exchange personal information with:
(a) any person or organisation named by the Customer in the credit application, CSA or provided
from time to time; and
(b) any Related Body Corporate and any third party (such as subcontractors) which service the
Customer’s account and/or this CSA.
9.3 The Customer’s consent and acknowledgment in this clause 9 will remain in force until the full amount
owing to SECURE MAX under this CSA is paid.
9.4 If at any time during the Term, SECURE MAX assesses the Customer’s creditworthiness under this clause
9 and determines in its absolute discretion that there are reasonable grounds for believing the Customer
will be or become unable to pay the Fees due under this CSA, SECURE MAX may terminate this CSA with
immediate effect by written notice to the Customer.
10.1 SECURE MAX is committed to protecting the Customer’s personal information and safeguarding his/her
privacy in accordance with applicable laws. SECURE MAX will take reasonable steps to protect personal
information from misuse, interference, loss and from unauthorised access, modification or disclosure.
When the Customer’s personal information is no longer needed, and when SECURE MAX has ceased to
be legally obliged to retain the information, SECURE MAX will take reasonable steps to ensure that the
information is destroyed or de-identified.
10.2 SECURE MAX collects the Customer’s personal information such as the Customer’s name, address
(including e-mail address), telephone number(s), and if required the names, addresses (including e-mail
addresses) and telephone number(s) of the Customer’s Nominated Contacts for the purpose of providing
the Customer with the Security Services and administering the CSA.
10.3 SECURE MAX may collect personal information about the Customer from other sources, such as a credit
reporting agency or financial institution to ascertain the Customer’s creditworthiness in accordance with
10.4 If the Customer does not provide SECURE MAX with the information requested, it will affect or prevent
SECURE MAX’s ability to effectively provide the Customer with the Security Services, and SECURE MAX may
elect to terminate the CSA. The Customer must actively cooperate with SECURE MAX to ensure that all
personal information of the Customer held by SECURE MAX is accurate, up-to-date, complete, relevant
and not misleading.
10.5 By entering into this CSA, the Customer agrees and acknowledges that SECURE MAX may:
(a) forward to the Customer from time to time promotional material and information regarding any of its
security goods and services, unless the Customer requests
SECURE MAX (either by phone, e-mail, letter
of facsimile) to stop using the Customer’s personal information for the purpose of direct marketing;
(b) disclose the Customer’s personal information to other organisations (including without limitation,
Related Bodies Corporate, Emergency Services, service providers and government bodies and entities)
that assist SECURE MAX in the provision of the Security Services.
10.6 If the Customer has provided SECURE MAX with personal information about another person (including
any of the Customer’s Nominated Contacts), the Customer must inform that person that personal
information has been supplied to SECURE MAX, the reason why it has been supplied and that they can
contact SECURE MAX to obtain access to or update or correct their personal information.
10.7 The Customer may access, correct or update his or her personal information held by SECURE MAX at any
time upon request.
of the APPs and an applicable APP Code, and how SECURE MAX will deal with the complaint. To obtain a
regarding the Customer or to advise that the Customer no longer wishes to receive further marketing
SECURE MAX, Shop 2, B101, 548-568 Canterbury Road, Campsie NSW 2194 or info@SecureMaxSecurity.com.au
11.1 Unless otherwise agreed in writing, a quotation provided by SECURE MAX shall remain valid for
acceptance up to thirty (30) days from the quotation date.
11.2 SECURE MAX will invoice the Customer for the Fees specified in this CSA, and in accordance with any
specific pricing and payment terms in Parts C, D, and / or F herein.
11.3 The Customer agrees to pay SECURE MAX the amount specified in the invoice within thirty (30) days of
the date of invoice without setoff, deduction or discount of any kind.
Where Equipment Installation has been elected:
(a) the Customer agrees to pay to SECURE MAX a non-refundable deposit of twenty percent (30%) of the
total Fees payable under this CSA within fourteen (14) days of the date of this CSA, or if installation
works are to commence prior to fourteen (14) days elapsing, then upon commencement of the works;
(b) each progress payment invoice is due and payable within seven (7) days of the date of invoice.
11.4 Should the Customer fail to pay the Fees when or before they become due in accordance with this CSA,
SECURE MAX shall have the right to charge interest on the outstanding amount at either:
(a) the rate published by the Commonwealth Bank of Australia for overdrafts under $100,000, interest to
be calculated on a daily basis; or
(b) two percent (2%) above the 30 day bank bill rate specified by Commonwealth Bank of Australia at
the relevant time, whichever is higher. Interest accrues daily from (and including) the due date to (but
excluding) the date of actual payment and is calculated on actual days elapsed and a year of 365
days. SECURE MAX 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 within 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 SECURE MAX in the recovery of any payment, including debt collection agency fees and legal costs
incurred in the enforcement of payment on a full indemnity basis.
11.5 The Customer acknowledges that SECURE MAX may issue progress payment invoices for materials or
goods purchased, and/or labour expended on work in progress, and place into bond materials which
cannot be accepted for delivery on Site and invoice the full value thereof.
11.6 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 will be added to the amount exclusive of GST paid or
payable for that supply under this CSA.
11.7 Payment of the Fees by the Customer in accordance with the CSA is a fundamental term of this CSA
and to the full extent permitted by law, SECURE MAX will have no liability to the Customer for acts or
omissions or for work required to be undertaken by SECURE MAX if the circumstance or event which
would otherwise give rise to liability occurs at a time when the Customer is in breach of payment
obligations to SECURE MAX hereunder.
11.8 Any variation to this CSA and any Additional Services required hereunder will be priced in accordance
with SECURE MAX’s standard price lists. Unless otherwise specified by SECURE MAX, all Fees and prices:
(a) include an amount for any design, management, overheads and profit and
(b) exclude all ancillary work such as patching, painting, carpet lifting or refitting, building work or
decoration: should SECURE MAX agree to carry out such work at the request of the Customer, then
SECURE MAX shall not be liable for any damage arising therefrom.
If SECURE MAX is required to pay any additional site allowances, other than a State or Federal award or
amounts in excess of any current workplace agreement applicable to the type of work being performed,
these costs will be added to the Fees.
11.9 The Fees may be adjusted annually to take into account any changes in the national consumer price
index. In addition, SECURE MAX may adjust the Fees on an annual basis in respect of an increase/fall in
the cost of any annual services and increased/decreased costs.
11.10 SECURE MAX may set off any amounts that SECURE MAX reasonably considers are due to SECURE MAX from
the Customer against any amounts payable by SECURE MAX to the Customer under this CSA.
12.1 Nothing in this CSA is intended to exclude, restrict or modify the application of the provisions of any
statute (including the Competition and Consumer Act 2010 (Cth)) where to do so would contravene that
statute or cause any part of this CSA to be void.
12.2 To the full extent permitted by law and subject to the consumer guarantees and other provisions of the
Australian Consumer Law (if applicable), the Customer acknowledges and agrees that SECURE MAX will
have no liability for any statements, representations, guarantees, conditions or warranties that are not
expressly contained in this CSA.
12.3 To the full extent permitted by law, where SECURE MAX breaches its obligations under this CSA,
SECURE MAX shall at its election:
(a) re-supply the Equipment or Security Services; or
(b) pay to have the Security Services supplied again or for the replacement, repair or repayment of the
Equipment, up to a maximum total value of the Fees paid by the Customer under this CSA.
(c) refund to the Customer the Fees paid for Security Services not performed or performed incorrectly; or
12.4 To the full extent permitted by law, the Customer agrees that any liability of SECURE MAX under this
CSA will be reduced to the extent that any non-performance, defective performance, loss, damage or
expense was caused or contributed to by the Customer or a third party including through breach of this
CSA, negligence, fault, lack of care or through any other act or omission of the Customer, its employees,
subcontractors and agents or a third party and, in any event, SECURE MAX’s total aggregate liability to
the Customer under this CSA, whether in contract, tort (including negligence), by way of indemnity or
otherwise, will be limited to a maximum amount of four (4) times the total value of payments received
by SECURE MAX from the Customer under this CSA in the last twelve (12) months immediately before the
12.5 Notwithstanding anything else in this CSA and to the full extent permitted by law, SECURE MAX will not be
liable to the Customer for:
(a) any indirect, incidental or special or economic loss, cost, liability, damage or expense howsoever
(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 business opportunity or loss of reputation.
12.6 The Customer acknowledges and agrees that it is reasonable for SECURE MAX to limit its liability under
this CSA and that the Fees charged by SECURE MAX are based solely on the value of the Security Services
and/or Equipment supplied.
13.1 Termination by the Customer
(a) The Customer may terminate this CSA without cause:
(i) at any time and without Early Termination Fees during the Cooling Off Period in accordance
with clause 2;
(ii) at any time during the Initial Term by giving SECURE MAX one (1) month’s prior written notice,
and subject to the payment of the Early Termination Fees to SECURE MAX; or
(iii) after the Initial Term has expired, at any time and without Early Termination Fees by giving
SECURE MAX ninety (90) days prior written notice.
(b) The Customer may terminate this CSA for cause:
(i) immediately and without Early Termination Fees, if SECURE MAX has committed a substantial
breach of its obligations under the CSA and SECURE MAX has not commenced rectification
within thirty (30) days of notification in writing to SECURE MAX, provided always that all
outstanding amounts due by the Customer under this CSA which remain unpaid to SECURE MAX,
if any, become immediately due and payable on the date of termination.
(ii) with immediate effect in the event SECURE MAX becomes insolvent, bankrupt or enters into a
scheme of arrangement with creditors.
(iii) in case of an Event and without Early Termination Fees, in accordance with clause 15; or
(iv) as otherwise provided in the CSA.
13.2 Termination by SECURE MAX
(a) SECURE MAX may terminate this CSA without cause at any time by giving the Customer sixty (60) days
prior notice in writing.
(b) SECURE MAX may terminate the CSA for cause:
(1) in case of an Event and without charging an Early Termination Fees, in accordance with clause
(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 notification; for purposes of this sub-clause, the first
reminder correspondence from SECURE MAX to the Customer will be deemed notice to the
Customer to rectify the payment breach within fourteen (14) days;
(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) days of notification by SECURE MAX, will entitle
SECURE MAX to terminate this CSA for breach, and to charge Early Termination Fees;
(4) with immediate effect in the event the Customer becomes insolvent, bankrupt or enters into a
scheme of arrangement with creditors; or
(5) as otherwise provided in the CSA.
13.3 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 before termination and all sums due under this CSA shall
become payable in full when termination takes effect.
14.1 The parties agree that they will initially use all reasonable endeavours to resolve any dispute arising
under this CSA amicably and in good faith within 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 dispute 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 each party to resolve. The parties will again use all reasonable endeavours
to resolve the dispute within a further ten (10) working days or such other reasonable period agreed
between the parties.
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 alternative dispute resolution. If the parties cannot agree on a
method of alternative dispute resolution, either party may commence legal proceedings.
15.1 SECURE MAX will not be in breach of this CSA or liable in any way to the Customer if SECURE MAX fails
to perform or delays in performance of an obligation as a 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’ prior written
notice to the other party.
16.1 Without limiting other provisions therein, where the Customer is not using the NBN at the date of this
CSA, the Customer must inform SECURE MAX as soon as possible:
(a) if the Customer decides to use the NBN to enable the connection of the Equipment of Pre-Existing
(b) if the NBN is installed at the Site, at any time during the Term.
16.2 The Customer must also inform its Carrier of the existence of Security Services at the Site.
16.3 In the event of 16.1(a) or 16.1(b) occurring, the Customer agrees and acknowledges that:
(a) SECURE MAX may need to attend the Site to ensure compatibility of the Customer’s security system
with the NBN and that the Equipment and/or Pre-Existing Equipment are properly connected to enable
the provision of the Security Services; such visit will be charged to the Customer and SECURE MAX will
advise the cost of the visit prior to attendance; and
(b) the Customer may be required to procure additional equipment from the Carrier and/or SECURE MAX as
a result, at the Customer’s cost.
16.4 The Customer acknowledges that compliance with the obligations contained in this clause is essential
to ensure that the performance of the Security Services is not disrupted. For the avoidance of doubt,
SECURE MAX will not be liable for any disruption to the Security Services (including any failure to provide
the Security Services or defect in the Security Services) where any such disruption is caused or
contributed to by the Customer’s non-compliance with this clause 16.
17.1 If the Customer purports to cancel any order, contract or this CSA, including prior to the completion
of the Initial Term, Early Termination Fees may apply. Please refer to clause 13.1 above and to the
definition of Early Termination Fees in the Keywords section of the CSA.
17.2 The Customer must not assign or novate its interests in this CSA without SECURE MAX’s prior written
consent, which may not be unreasonably withheld or delayed. SECURE MAX may at any time assign or
novate any part of its rights and obligations under this CSA to a reputable and competent organisation
(including a Related Body Corporate) without the Customer’s consent.
17.3 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.
17.4 This CSA constitutes the entire agreement between the parties and supersedes all prior representations,
contracts, statements and understandings, whether verbal or in writing. All other terms and conditions
are excluded to the fullest extent permitted by law including any terms and conditions which the
Customer may seek to impose. The terms, provisions and conditions of this CSA may only be varied by
an agreement in writing signed by both parties.
17.5 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 SECURE MAX to enforce any clause of this CSA will not be construed as a
waiver of SECURE MAX’s rights under this CSA.
17.6 The CSA is entered into subject to satisfactory credit approval of the Customer by SECURE MAX.
17.7 SECURE MAX may subcontract its rights and obligations under this CSA without restriction.
17.8 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 unenforceability. The remaining provisions of this CSA will not be invalidated
by an illegal, void or unenforceable provision.
17.9 The section headings in this CSA are used for convenience only, are not substantive, and shall not be
interpreted to define, describe, or otherwise limit the interpretation of the provision under the section
headings or of the CSA as a whole.
17.10 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 the 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 when the letter,
e-mail or facsimile would have been delivered in the ordinary course of post or transmission.
18.1 SECURE MAX is committed as a matter of company policy to strict compliance with the applicable laws
and regulations of the countries in which SECURE MAX conducts business, including, but not limited to,
the United States of America’s export control and trade sanction laws and regulations (such as the
Export Control Regulations, Export Administrative Regulations and the International Traffic in Arms
Regulations) and the Customer understands and agrees that:
(a) the Equipment, Security Services and/or technical information sold or otherwise provided to the
Customer under this CSA (regardless of quantity or value) may be subject to export and other foreign
trade controls restricting the sale, re-export and/or transfer of such equipment, services or technical
information to certain countries or parties, including, but not limited to, licensing requirements under
applicable laws and regulations of the United States of America and other jurisdictions;
(b) notwithstanding any other provision of this CSA to the contrary, the Customer will not sell, re-export or
transfer any Equipment, Security Services or technical information supplied under this CSA except in
full compliance with all applicable governmental requirements, including, but not limited to, applicable
economic sanctions and constraints administered by the United States of America’s Treasury
Department and applicable export control measures administered by the United States of America’s
Department of Commerce and Department of State, the US Nuclear Regulatory Commission, the
Office of Foreign Assets Controls or any other government agencies;
(c) the obligation of SECURE MAX to supply products, services or technical information under this CSA is
subject to the ability of SECURE MAX to supply such items consistent with the laws and regulations of
the United States of America and other governments and SECURE MAX is entitled to refuse to provide
any equipment, services or information under this CSA if SECURE MAX, in its sole discretion, determines
that the provision of such equipment, services or information would violate any applicable law or
regulation of the United States, or any other legal entity; and\
(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 a material breach of this CSA and sufficient basis for
SECURE MAX to suspend the provision of the Equipment or the Security Services or any part thereof, or
to terminate this CSA.
SECURE MAX CSA KEYWORDS
Any services required to be performed at the Customer’s request to repair or replace the Equipment or Pre-
Existing Equipment due to the neglect, abuse or 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 any other circumstances
outside the control of SECURE MAX or the manufacturer of the Equipment.
The date on which the CSA commences. Billing under the CSA will begin on the Commissioning Date or upon
the Security Services becoming effective, or (where a Cooling Off Period applies) at the end of the Cooling Off
Period, whichever is the later.
Alarm Response Fees
The fees charged for and on behalf of the Alarm Response Service Provider and payable by the Customer
within fourteen (14) days.
Alarm Response Hours
Those hours during which the Alarm Response Service Provider provides Alarm Response Services in the area
where the Site is located, which may be confirmed by contacting SECURE MAX.
Alarm Response Officer
Means an agent or employee of the Alarm Response Service Provider.
Alarm Response Service
The attendance of an Alarm Response Officer at the Site if requested by the Customer under the Monitoring
Instructions, as soon as practicable during Alarm Response Hours. Minimum response times are set out in
Australian Standard AS4421-1996. The availability of this service cannot be guaranteed at the time of a
Alarm Response Service Provider
Means SECURE MAX’s preferred provider to undertake the Alarm Response Service unless otherwise nominated
by the Customer on the Monitoring Instructions. SECURE MAX does not guarantee the attendance of any Alarm
Response Service Provider.
The Australian Privacy Principles contained in the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth).
The supplier engaged directly by the Customer to provide telecommunications at the Site to enable the
Security Services to be provided to the Customer by SECURE MAX.
Secure Max Security Pty Ltd, ACN 622 316 447, at Shop 2, B101, 548-568 Canterbury Road, Campsie NSW 2194. Tel: +61 1300 030 130 www.securemaxsecurity.com.au SECURE MAX includes its
employees, contractors, agents and authorised representatives acting in the course of their work employment
or authorised work.
SECURE MAX App
A software application downloaded on the Customer’s compatible mobile device to control the Interactive Services.
Commissioning / Commissioned
The enabling of the Equipment or Pre-Existing Equipment to ensure that a System Event is transmitted from
the Equipment or Pre¬Existing Equipment to a receiver.
The date that the Equipment or pre-Existing Equipment is Commissioned.
Cooling Off Period
Where this CSA is subject to unsolicited consumer agreement legislation, a ten (10) business day cooling off
The person or persons or legal entity named in the approved quote or job.
The Customer Service Agreement which comprises these standard terms and conditions, the Keywords, and all
parts of the Customer Service Agreement.
Decommissioning / Decommissioned
The disabling of the Equipment or Pre-Existing Equipment required to ensure no further System Event is
transmitted from the Equipment or Pre-Existing Equipment to a receiver.
The one-off fee payable by the Customer to enable SECURE MAX to decommission the Equipment or Pre-Existing
Equipment on the expiry or termination of the CSA.
Direct Debit Contract
The direct debit request authorisation form “DDR”.
Duress Alarm Service
Monitoring of System Events activated by the Customer pressing the duress button on the Equipment for
medical duress and panic duress (including hold-up alarms).
Early Termination Fees
Early Termination Fees, in accordance with clause 11.3(a), to cover the cost incurred by SECURE MAX as a
result of early termination by the Customer.
the remaining Initial Term, or, if the Initial Term has expired, for the remaining 90-day period.
(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 as a result of the termination;
(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 result of the termination (and will be retained by SECURE MAX if the
Customer pays the Fees quarterly in advance).
The providers of emergency services, including without limitation, ambulance, fire brigade, and/or police.
The items and products listed in the approved quote or job which the Customer purchased for installation by
SECURE MAX at the Site. Pre-Existing Equipment means equipment previously installed at the Site by others
before the commencement of the CSA.
The fees for the purchase of the Equipment and for Optional Equipment Installation, if elected by the Customer,
as set out in the approved quote or job.
The installation and Commissioning of the Equipment at the Site.
(a) earthquake, volcanic eruption, act of God, fires (including bushfires), floods, lightning strikes, cyclones,
hurricanes, storms, tropical storms, tidal wave, accidents, inclement weather;
(b) strikes, lock-outs, bans, limitation of work or other industrial disturbance;
(c) riots, war (including civil war), insurrection, vandalism, sabotage, national emergency (whether in fact or law),
piracy, hijack, act of terrorism including the use or threatened use of violence or act putting the public in fear;
(d) embargo, blockade, government acts regulations or requests, delays or interruption in transportation,
inability to obtain resources, failure or interruption of utilities (including electricity and water), network
failure, telecommunications breakdown, default by suppliers and subcontractors;
(e) temporary closure of roads, traffic conditions, motor vehicle breakdowns; and
(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 this CSA and being not due to its fault or negligence.
A written report or account of any System Events that are communicated by the Customer’s alarm system to
SECURE MAX’s monitoring centre fees.