Monitoring Terms & Conditions
MONITORING TERMS AND CONDITIONS
1. Contract Term
1.1 At Electra’s sole discretion, or unless otherwise agreed or stated in writing, the Client must commit to Electra’s minimum term for the agreed monitoring plan.
1.2 The minimum Contract Term for a Self-Monitoring is three (3) months.
1.3 The minimum Contract Term for Professional Monitoring is six (6) months.
1.4 Upon expiration of the Contract Term, this agreement will continue on a month-to-month basis, subject to termination without cause by either party with one (1) month’s prior written notice.
1.5 If this agreement is terminated by the Client prior to expiration of the Contract Term, the Client shall incur a termination fee equal to the remaining expected monitoring Charges which would fulfil the agreement’s commitment.
2. Charges and Payment
2.1 The Charges are conditional upon Electra’s ability to reasonably receive signals from the Client’s monitored premises at all times.
2.2 Any additional parts, batteries, components or technical work (e.g. maintenance, phone line preparation, etc.) required for monitoring setup will be considered Extra Work and charged at Electra’s specified rates.
2.3 Electra reserves the right to increase the Charges at any time, provided the Client receives one (1) months prior written notice.
2.4 Subject to the conditions of this agreement, any on-site works and guard services will be considered Extra Work and charged at Electra’s specified rates.
2.5 The cost of the associated annual or biannual service is not included in the Charges.
3. Client’s Responsibilities
3.1 The Client shall immediately advise Electra, in writing, in the event of any changes to their contact details or response requirements.
3.2 The Client shall, at their own cost, maintain the system in good working order and in accordance with the manufacturer’s requirements (including, but not limited to, replacing batteries on a timely basis). The obligations of Electra to provide the Services and to action signals where required, are conditional upon the system being operational, in accordance with the manufacturer’s requirements, and to the satisfaction of Electra.
3.3 The Client cannot transfer, or attempt to transfer, the right to receive the Services or any other right to any other party.
3.4 Upon termination or expiry of the Contract Term:
a. it is the Client’s responsibility to ensure that an alternative service is arranged, if required, and the panel is deprogrammed to stop reporting to Electra; and
b. Electra will not be responsible for any communication costs; and
c. any signals received after the termination or expiry of the Contract Term will not be actioned by Electra.
3.5 The Client agrees that any costs associated with the provision of any services by the Police, Ambulance, Fire or other emergency services to the Client’s monitored premises shall be met by the Client.
4. Monitoring Services
4.1 Self- Monitoring Plan
a. During the contract term, Electra will not respond to activations or events unless the Client has requested, and Electra has agreed in writing to, temporary monitoring under a Professional Monitoring Plan for a specific period.
4.2 Professional Monitoring Plan
a. During the contract term, Electra will respond to activations or event conditions as follows:
- Electra will phone the monitored premises, request the Client’s password and also verify whether or not a genuine response condition exists;
- in the event Electra cannot contact the Client (or their nominated agent) at the monitored premises, Electra will endeavour to contact the Client via the alternative contact numbers, in priority order, as supplied by the Client;
- if Electra is still unable to contact the Client, Electra will contact your nominated guard service to the premises, who will undertake to investigate externally the cause of the alarm, ensure the property is secure and report any signs of forced entry to Electra and the Police. Electra will advise the Client of the results of the guard service’s investigation as soon as practically possible;
- when an emergency or “panic” alarm is received, Electra will also contact the Police;
- for an AC power failure, Electra will phone the monitored premises, and if there is no answer Electra will use its best endeavours to contact the Client and their nominated alternative contact, in priority order, as supplied by the Client. Otherwise the signal will be checked again in twenty-four (24) hours to see if the power has been restored;
- for a low battery warning, Electra will use its best endeavours notify the Client by email and text that a technician needs to attend the nominated premises to replace the battery. The cost of such replacement (battery, labour and travel) will be in addition to the Charges.
4.3 Whilst Electra shall use its best endeavours to provide a timely response to actionable signals, no warranty is given by Electra that your nominated guard service will be available at any time, if at all. Electra shall not be liable for any loss or damage the Client may suffer in connection with any response or the absence of any response.
4.4 If the premises are tampered with and the Client contact is unable to be contacted by phone, the Client authorises Electra to arrange for the Client’s nominated guard service to remain on the premises until the Client is contacted and Electra is given instructions, or the Client has provided instructions to their guard service. Alternatively, Electra is authorised to arrange temporary services to secure the premises with the Client agreeing to pay for such temporary services.
4.5 The Client accepts and acknowledges that in the event Electra acts as an agent on behalf of the Client with a third party, (including but not limited to locksmiths and/or glaziers) the Client agrees to pay for such transactions invoiced by the third party and shall ensure payment is made by the due date.
4.6 Electra may be unable to monitor the system in the event of a communication failure between the alarm panel in the Client’s premises and the monitoring centre, Failures of this nature may be malicious or otherwise. The Client acknowledges that Electra’s obligation to action activation events is suspended at any time the communications link is disrupted between the Client’s premises and Electra’s monitoring room.
5. False Alarms
5.1 In the case of false alarms during the Contract Term, Electra undertakes to promptly attend the monitored premises and adjust the settings of the system to prevent it from occurring again, at no additional cost, provided the system was installed by Electra and is still under warranty. If Electra did not supply and install the system:
a. it cannot warrant the future performance of the system because of issues of age or technical quality; and
b. any attendance and adjustment shall be charged additionally to the Client at Electra’s specified rates; and
c. if the sensor needs to be replaced the hardware price plus installation will be quoted to the Client by Electra.
6. Client’s Acknowledgements
6.1 The Client acknowledges that the provision of the Services may not prevent unlawful entry to the monitored premises occurring and accordingly the Client accepts that loss or damage to property may occur even though Electra’s obligations under this agreement have been satisfied.
6.2 The Client accepts and acknowledges that during the course of the Monitoring Agreement:
a. Electra’s employees shall not be required to carry out any duties of an illegal or strike breaking nature; and
b. Electra is not an insurer of the premises and it is advisable for the Client to effect and maintain all normal and prudent insurance policies in respect of all usual risks including fire, burglary, theft and consequential loss or damage; and
c. systems relating to security of premises are deterrents only and Electra does not represent that those systems will protect the Client against theft, burglary and house breaking.
7. Limitation of Liability
7.1 The Client hereby disclaims any right to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to the Client by Electra and the Client acknowledges that the Services are acquired relying solely upon the Client’s skill and judgment.
7.2 Insofar as the Client, notwithstanding provisions of this clause, may have any claim for damages against Electra, its servants or agents either in contract or in tort and whether arising from negligence or otherwise (it being the intention of this clause that no such damages may be recovered) the same shall be limited to an amount equal to the sum of three (3) months Charges actually paid by the Client in respect of that portion of the particular Services which gave rise to such claim or the sum of $5,000 whichever is less..
7.3 If there is any conflict or difference between the General Terms and Conditions and the Monitoring Terms and Conditions, the Monitoring Terms and Conditions will take precedence.