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ELECTRA SERVICES LIMITED – TERMS OF AGREEMENT

1    Agreement

1.1    Electra Services Limited (Securely or we) will provide monitoring Services to the customer named on the Service Application Form (Customer or you).

1.2    These terms and conditions together with the accompanying Service Application Form and Direct Debit Authority Form (if any), form our agreement with the Customer (Agreement).

2    Monitoring Services

2.1    Monitoring Services means:

i    The installation of a medical alarm in your home and the provision of a 24-hour monitoring station which will respond to any alarms triggered by you. Every effort will be made to maintain communication with you until your emergency is resolved. If we are unable to make voice contact with you, we will contact any appropriate resource, which may include emergency services and/or your designated contact individuals identified by you; and

ii   Other services subscribed to support your independence as agreed between you and Securely from time to time.

3    Fees

3.1    The fees for the Monitoring Services are set out in the Service Application Form (Fees).

3.2    We may change our Fees at any time by giving at least 30 days’ notice in writing. If you do not wish to pay the altered charges, you can terminate this Agreement by giving 30 days’ notice in writing.

4    Service Term

4.1    This Agreement will continue monthly until it is terminated under clause 4.2.

4.2    At any time either of us can terminate this Agreement by giving 30 days’ notice. If you terminate this Agreement for any reason other than those set out in clauses 4.4 and 4.5, you must pay the charges up to the end of the 30 days’ period. All equipment must be returned to Securely within 5 working days of the end of the 30 days’ notice period.

4.3    This Agreement will automatically terminate if the equipment is intentionally damaged or modified without Securely’s prior written consent and you will be liable for the costs of any required repair.

4.4    The Fees for 30 days’ notice shall not apply if the Monitoring Services are no longer required because:

i    You are moving into residential care or with relatives; or

ii   You cease to qualify for any funding which you received at the time of signing this Agreement to cover the cost of the Monitoring Services.

4.5    In the event of your death, this Agreement shall automatically be terminated.

5    Payment of Fees

5.1    The Fees are due in arrears at the end of each fortnightly period of Monitoring Services. Where an alternative reduced frequency of payment is agreed, payments must be made in full within 7 days of invoice. You shall pay all amounts owing by Direct Debit Authority or such other method of payment as agreed with Securely.

5.2    You are responsible for ensuring that payments are made, and you undertake to pay any amounts owing in full within 7 days of receiving our account and to pay all late payment fees and collection costs which we may incur in recovering any overdue account.

5.3    You are fully responsible for any funding arrangements you enter into with any third party.

6    Ownership and Risk in Relation to Equipment

6.1    The equipment remains the property of Securely. We may provide alternative equipment to you from time to time. In such event, we will install the new equipment and remove the old equipment.

6.2    We are responsible for the installation and maintenance of the equipment to operate correctly with existing standard telephone and power systems.

6.3    If you change address and advise us 7 days in advance, we will re-install and test the equipment at your new address during normal business hours. There is no additional charge for this service.

6.4    You are responsible for any intentional continuous or excessive loss or damage to the equipment. Any attempt to alter or repair the equipment except by Securely or its representative may incur charges and/or result in the cancellation of Monitoring Services in accordance with clause 4.3.

6.5    If you believe your equipment is not functioning properly, you must contact Securely on the number overleaf and provide details. You agree to work with Securely to resolve any issues, which may include allowing Securely (or a representative) to attend your home to further investigate.

7    Sub-Contractors and Assignment

7.1    We may assign or subcontract any of our rights and obligations under this Agreement to a reputable third party.

7.2    You must not transfer your rights and obligations under this Agreement, nor may you transfer, sublease or sell the Monitoring Service or equipment without our prior written consent.

8    Testing of Equipment

8.1    From time to time, we may request that you test the equipment. Failure to comply with this request may result in the cancellation of Monitoring Services and removal of the equipment.

9    Liability

9.1    Securely will not be liable under this Agreement to you or third parties for any loss or damage including any indirect or consequential damages however caused, including negligence on the part of Securely (other than if you suffer a direct loss that is solely attributable to the negligence of Securely or any of its employees or contractors acting within the scope of their duties) which may be suffered or incurred or which may arise directly or indirectly in respect of the services provided under this Agreement, or the failure or omission of Securely to comply with its obligations under this Agreement.

9.2    If Securely is found liable to you under this Agreement, Securely’s total liability for damages shall be limited to the following: supply of the services again; or payment of the cost of having the services supplied again; or the sum of $5,000, whichever is the lesser amount.

10  Force Majeure

10.1  Neither party is in breach of this Agreement if any delay or inability to provide the Monitoring Service is caused by:

i    An event beyond the party’s reasonable control including, but not limited to fire, earthquake, adverse weather conditions, telecommunications failure, strikes, lockouts, other industrial disputes or any other force majeure event which obstructs or prevents continuation of the Monitoring Services; or

ii   Late delivery of equipment or materials to Securely.

11  Privacy and Consents

11.1  We collect your personal information (as defined in Privacy Act 1993) in order to provide you with the Monitoring Services. You consent to us passing on your personal information (including information about your health) so that we can fulfil our obligations under this Agreement and provide a better service. If you do not provide all the personal information requested, we will not be able to provide Monitoring Services to you.

11.2  We can pass this information to:

i    A third party, such as the monitoring station (and their nominated backup service), ambulance service, any other emergency service or any health service;

ii   Your designated contact individuals;

iii  Any third party we consider should be contacted to enable us to provide you with a better and safer service; and

iv  Any Securely related company (as defined in the Companies Act 1993).

11.3  You also consent to information about you and your health that you provide to the monitoring station, security guards, ambulance service and other emergency service or health service, being provided to Securely.

11.4  If emergency or security services are dispatched to assist you following an alarm being activated, you consent to an ambulance officer or security guard entering your home (including by force if required to provide you with the appropriate services). If location of a key to your home has not been made known to us, or such key is not readily available when required, any costs or damage incurred are at your expense.

11.5  Securely’s Privacy Policy (Policy) contains information about how you can access and seek correction of your personal information, how you can make a complaint if you believe we have not complied with the Privacy Act 1993 when handling your personal information, how Securely will handle your complaint, as well as further information on how Securely handles your personal information. You can view the Policy at http://www.securely.nz.

11.6  By entering into this agreement, you agree that unless indicated otherwise, we may forward to you from time to time, promotional material and other information regarding any of our services.

11.7  In the event of cancellation or termination of this Agreement, where your alarm is funded by any third party, you authorise Securely to provide contract cancellation or termination information to that third party.

12  Guarantees and Entire Agreement

12.1  Nothing in this Agreement limits or excludes your rights under the Consumer Guarantees Act 1993.

12.2  This Agreement is the entire agreement between us in relation to the subject matter of this Agreement and replaces any prior understandings and agreements whether oral or written relating to the Monitoring Services.

12.3  This Agreement shall be governed by the laws of New Zealand.

13  Complaints Procedure

13.1  Securely abides by the Code of Health and Disability Consumer Rights. If you have a complaint, please contact Securely on the 0800 865 865.  If you believe Securely has not dealt with your complaint fairly, you may complain to the Health and Disability Commissioner.