Terms and conditions

• To monitor the alarm system located at Monitored Premises according to a Customer’s Instructions.
• To operate the ELK Security Alarm Monitoring Centre 24 hours a day 7 days a week for the purposes of monitoring Alarm Signals and taking the appropriate action as per a Customer’s Instructions on receipt of Alarm Signals.
• To maintain a log containing details of Alarm Signals received from the Customer’s Monitored Premises and record actions taken by ELK Security staff in response to Alarm Signals received.

– ELK Security Pty Ltd has $20 Million Public Liability Insurance
– ELK Security Pty Ltd has $1 Million Professional Indemnity Insurance.

On receiving Alarm Signals ELK Security will follow the Customer Instructions and, where applicable, will use all reasonable endeavours to notify the relevant Customer’s Priority Contacts as specified in the Customer’s Instructions, provided that:

• Where the first Priority Contact is unable to be contacted in person, ELK Security will attempt to notify the next Priority Contact in the priority order as specified in the Customer’s Instructions;
• Where ELK Security has attempted to notify Priority Contacts as per the Customer’s Instructions without success, ELK Security shall if applicable and as soon as practical notify the Police, Fire, Medical and/or patrol authorities as specified in the Customer’s Instructions and in accordance with the relevant authority’s operating procedures and
  any laws or regulations governing those authorities;
• Where the Customer’s Instructions specifies ELK Security is to notify the Police and the Police require a Key Contact to attend at the Monitored Premises, ELK Security will communicate to the Priority Contact the requirement for the Key Contact to make contact with the Police. ELK Security accepts no responsibility should the Priority
  Contact fail to notify the Key Contact following a request from ELK Security;
• Where the Customer’s Instructions specifies ELK Security contact a nominated patrol company and request the nominated patrol company to dispatch a patrol vehicle, ELK Security will make this request to the patrol company. ELK Security accepts no responsibility should the nominated patrol company fail to act on the ELK Security
  request. ELK Security accepts no responsibility should the patrol company fail to report the correct information back to ELK Security when inspecting the premise.
• Customer consents to the Police, Fire, Medical and patrol authorities using force if necessary to enter the Customer’s Monitored Premises at the Customer’s cost. ELK Security shall not be held responsible for or be held liable for any costs, damages or loss caused by these authorities in respect of the Monitored Premises or otherwise.
• All patrol companies used by ELK Security for patrol attendances are licensed independently owned third-party security providers and are not employed by and do not act as employees or agents of ELK Security.
• In accordance with OH&S Regulations any patrol attending the Customer’s Monitored Premises, is not allowed to scale fences, gates, or other obstructions to obtain entry into Monitored Premises.
• Where a gate is kept locked a key must be supplied to the nominated patrol company to permit entry if required in response to Alarm Signals received by ELK Security.

A Customer has one of two methods for payment of the quarterly monitoring fees
throughout the Term:

• Direct Debit. Payments are debited quarterly in advance or as arranged with ELK Security. Delivery to ELK Security of an executed Direct Debit authority form, if this method is to be used, is required prior to ELK Security accepting responsibility for monitoring of a Customer’s alarm system.
• Credit Card. Payments are debited quarterly in advance or as arranged with ELK Security. Delivery of an executed Credit Card authority form, if this method of payment is to be used, is required prior to ELK Security accepting responsibility for monitoring of a Customer’s alarm system.

The monitoring fee will remain the same for the Term unless the Government imposes any additional taxes, charges and/or fees during the Term, which shall be passed on to the Customer.

Where a patrol company response is required by a Customer, the Customer is directly liable for payment of all charges relating to this service and indemnifies ELK Security against any liability in relation to patrol company costs for services provided in accordance with the Customer’s Instructions to ELK Security.

ELK Security Monitoring Centre records all conversations on a call logger for security purposes. All rights to recorded conversations shall vest in ELK Security and under no circumstances shall any Customer have rights in or to such recorded conversations. Customer consents to the use by ELK Security of these conversations in any legal
proceedings, use by ELK Security for training purposes and the disclosure by ELK Security of these conversations and recordings to any Police, law enforcement body, or Government investigatory body as may be required.

• To pay each ELK Security invoice on or before the due date. If a monitoring account remains unpaid for 14 days or more after the due date ELK Security reserves the right to disconnect the ELKAMS. Each Customer is directly liable for all expenses reasonably incurred in the recovery of any outstanding invoice;
• To maintain at the Customer’s cost a Communication Link to the auto-dialler in the Customer’s alarm system for the communication of Alarm Signals to the ELK Security Alarm Monitoring Centre;
• To notify the ELK Security Alarm Monitoring Centre immediately if equipment is faulty,evelops a fault or causes false alarms as ELK Security can only respond to intelligible Alarm Signals that are received by the alarm monitoring equipment at the ELK Security Alarm Monitoring Centre;
• To immediately advise the ELK Security Alarm Monitoring Centre in writing when any information relating to the Customer’s details or Customer’s Instructions require changing;
• To advise the ELK Security Alarm Monitoring Centre in writing if the Customer’s Monitored Premises are sold and no longer require the ELKAMS;
• To notify the ELK Security Alarm Monitoring Centre if there is any fault or disruption with the telephone service that could prevent ELK Security from providing the ELKAMS effectively.
• To remember the voice-code password as this is a critical requirement in verifying the identity of Priority Contacts by the ELK Security Alarm Monitoring Centre during responses to alarm signals for a Customer’s Monitored Premises.
• To advise the ELK Security Monitoring Centre in writing of changes to opening andclosing times and regular unscheduled openings (Schedules). Should these Schedules not reflect the actual opening and closing times or regular unscheduled openings, ELK Security reserves the right to amend the Customer’s Schedules.

Exclusion of Liability
To the fullest extent permitted by law ELK Security shall not be liable to a Customer for
any:

(a) indirect or consequential loss or damage.
(b) loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business
opportunity,
(c) loss or damage (of any type), death, injury sustained, suffered or incurred by a Customer, to the extent that this is a result of a breach by a Customer of the ELKAMS terms and conditions or any negligent act or omission by a Customer.
(d) any loss or damage that arises where a Customer is in default of the Customer’s payment obligations for payment of fees for the ELKAMS. Limitation of Liability

ELK Security maximum liability whether under the law of contract, tort, equity, statute law or otherwise in relation to any single claim by a Customer during any 12 month period is limited to 90% of the fees paid to ELK Security for the ELKAMS during the 12 month period immediately prior to the event that is the subject of the claim. For the
purposes of calculation of liability fees paid to ELK Security by the claiming Customer in relation to a Customer’s alarm systems other than the alarm system that is the subject of a claim shall not be taken into account.

Non-performance by ELK Security shall be excused and shall incur no liability to the extent that performance by ELK Security is rendered impossible by strike, fire, war, flood, government acts, orders, restrictions, lock out, machinery or equipment failure, network and related infrastructure failure, failure of a Customer’s alarm system, an act
of God, or any other reason where failure to perform is beyond the control of ELK Security

ELK Security shall provide the ELKAMS for the Initial Period or if no Initial Period for a minimum term of one year and thereafter the Term shall be for a minimum of six (6) months. The Customer may terminate after the Initial Period or minimum term by giving written notice to ELK Security with such notice to be for the equivalent period as the
Customer’s billing period. Provided however where a Customer’s billing period is less than 90 days, 90 days notice in writing is required after the end of the Initial Period or minimum term in the absence of an agreed Initial Period. Notice in writing shall be:

• by post addressed to: ELK Security, 1066 Victoria Road, West Ryde, NSW 2114
• by email to: admin@elksecurity.com.au, or
• by facsimile to the fax number: (02) 9804 7966.

Termination
ELK Security may terminate the ELKAMS immediately if a Customer;

• Breaches any of the express or implied terms on which ELK Security provides the ELKAMS;
• In the sole opinion of ELK Security commits or is deemed by ELK Security to have committed an act of insolvency or is placed in receivership, administration or liquidation, or becomes subject to a scheme of arrangement;
• Does not maintain a Communication Link for delivery of the ELKAMS;
• Fails to pay an invoice or the payment facility is rejected.

Early Termination Payment
Without limitation, in the event of a Customer without due cause terminating the ELKAMS prior to the expiry of the Initial Period or minimum term the terminating Customer shall pay to ELK Security an Early Termination Payment being a sum equal to all remaining monitoring fees which would otherwise have been payable during the Initial Period or minimum term. This Early Termination Payment will be calculated by taking the months paid away from the number of months in the Initial Period or minimum term plus any outstanding amounts, and this will be required to be paid in 14
days from the date the Customer is invoiced following Early Termination. If the Customer does not pay the Termination Payment within 14 days:

• The terminating Customer will be required to pay all expenses reasonably incurred
  including all legal costs by ELK Security in obtaining payment; and
• The terminating Customer shall indemnify ELK Security against all costs, expenses, claims or damages arising out of or incidental to the early termination.
• This clause shall survive termination of the ELK Security Alarm Monitoring Service.

Any waiver by ELK Security of any default or breach of the ELKAMS terms and conditions shall not affect the rights of ELK Security in respect of any further or continuing default or breach by a Customer.

Acceptance of the ELKAMS Terms and Conditions shall be binding on successors, substitutes, executors and administrators and assigns of the Parties hereto.

Where there is more than one Customer, then the liability shall be joint and several. These ELKAMS Terms and Conditions shall be governed by and construed in accordance with the laws of the State in which the Customer’s Monitored Premises are located, and the Parties submit to the exclusive jurisdiction of the Courts of that State and of the Commonwealth of Australia.

ELK Security reserves the right to assign the ELKAMS at any time, and the Customer hereby grants its unequivocal approval to any said assignment, and undertakes to be bound to continue using the ELKAMS in accordance with its terms and conditions after an assignment irrespective of who the assigned party may be.

I have read fully the above terms and conditions and agree to be bound by them. In witness whereof, the parties to this contract have signed and executed it as indicated.