Terms and Conditions of Service
This Agreement is made upon receipt by the First Response Subscriber or by way of publication on the www.firstresponse.net.au website.
1. The party identified as the First Response Subscriber as described on the invoice overleaf (the “Subscriber”); and
2. First Response Community Protection Pty Ltd, ACN 091 047 102 (“First Response”).
A. First Response has agreed to provide such security products and/or services to the Subscriber as have been agreed from time to time; and
B. The Subscriber has agreed to contract with First Response for the provision of the security products and/or services on the terms and conditions of this Agreement.
The parties agree as follows:
“Commencement Date” means the commencement date as may be applicable for services
offered and accepted for consideration as mutually agreed from time to time.
“Security Services” means those security products and/or services and agreed security procedures as may be applicable for products and/or services offered and accepted for consideration as mutually agreed between the parties from time to time.
“Security Fee” means the fees and charges payable for the provision of the security services as may be applicable for services offered and accepted for consideration as mutually agreed between the parties from time to time.
“Term” means the term of the contract, which shall be either three (3) months from the date of any invoice issued, or as otherwise agreed in writing between the parties by separate instrument.
“Terms of Payment” means the terms of payment of seven (7) days from date of invoice or as may be agreed between the parties in writing on separate instrument from time to time.
2. Agreement for Security Services
2.1. First Response agrees that during the Term it will provide the Subscriber with the agreed Security Services on the terms and conditions of this Agreement.
2.2. In addition to the general terms of this Agreement, a particular service may be provided by First Response to the Subscriber on more specific terms which shall be agreed to by the parties from time to time during the Term.
3. Payment and Collection
3.1. The Subscriber shall pay the Security Fee to First Response in consideration for the provision of Security Services during the Term as per the Terms of Payment herein.
3.2 The Subscriber shall be responsible for the payment of all accounts rendered and further the Subscriber acknowledges and agrees that they will be solely responsible, as either an individual and/or other entity for the payment of ALL costs of Collection of any and/or all outstanding accounts.
4. Term of Agreement
4.1. This Agreement shall commence on the Commencement Date and shall continue for the Term.
4.2. The Subscriber may at any time terminate this Agreement on the provision of thirty (30) days notice to First Response in the event that First Response commits a continuing material breach of this Agreement or fails to provide the Security Services in accordance with the terms and conditions of this Agreement.
5. Arrangement of Additional Services by First Response
5.1. The Subscriber agrees and acknowledges that any security installation services arranged by First Response is undertaken by an independent contractor and First Response is in no way liable for any loss, damage or liability suffered or incurred or liable to be suffered or incurred arising out of the installation of a security system by a security system installed arranged by First Response.
6. Limitation of Liability
6.1. The parties agree that the provision of the Security Services is not a guarantee of protection to the Subscriber and that First Response is not liable in any way whatsoever for any damage, loss or liability suffered or incurred or liable to be suffered or incurred to the Subscriber arising out of any theft, vandalism, damage or any other act, criminal ro otherwise to the Subscriber's property.
7.1. This Agreement may be amended by First Response with such changes published on the www.firstresponse.net.au website as and when changes become applicable.
7.2 The Subscriber acknowledges and agrees that any such changes on the website as per 7.1 above shall be considered applicable to this or any other agreement between the parties.
8.1 This Agreement shall be governed in accordance with the laws of the State of Queensland and the parties agree to submit to the non-exclusive jurisdiction of that State.