TERMS AND CONDITIONS

U-Security will always provide the best possible solution for your security needs, and here’s our Terms & Conditions of Sale and Provision of Services to show our good faith.
(TL:DR – We will never scam you or mislead you regarding our services. We seek to inform and provide, not to manipulate or exploit)

Definitions

Customer Materials means any document, goods or material provided by the Customer or on behalf of the Customer to U-SECURITY in relation to this agreement

Customer Personnel means any subcontractor, employee, agent or officer of the Customer or such other person engaged by or representing the Customer from time to time.

Force Majeure means an event beyond the control of U-SECURITY, including but not limited to strikes, industrial disputes, fire, flood, acts of God, war, insurrection, vandalism, sabotage, riot, national emergency, privacy, hijack, terrorism, embargoes, or restraints, extreme weather or traffic conditions, temporary closure of roads, changes in Legislative Requirements.

Site means the land or premises specified in the details.


  • Sale of goods / Provision of services


1.1. U-SECURITY provides the goods and/or services subject to these ‘Terms and Conditions’, unless otherwise agreed in writing.

1.2. When a person makes an offer or order to purchase goods and/or services (“the Purchaser/Customer”) and that offer, or order is accepted by U-SECURITY, the Purchaser/Customer agrees and acknowledges that these Conditions will be binding on both Parties for the purposes of the sale of the goods and/or provision of services.

1.3. These Conditions may only be amended or varied by written agreement signed by both Parties.

1.4. Engaging U-SECURITY for the supply of any product or service is automatic acceptance by the consumer of our ‘Terms and Conditions’.


  • Orders


2.1. Information provided by U-SECURITY in respect of the goods and/or services (including price lists) does not constitute an offer to sell but an invitation to treat only.

2.2. An order or offer to purchase is an offer to purchase goods and/or services at the price set by U-SECURITY as at the date of delivery (plus delivery and other applicable charges).

2.3. U-SECURITY reserves the right to accept or reject any order (in whole or in part) for any reason.

2.4. Without limiting clause 2.3, U-SECURITY may reject an order or offer if the Purchaser/Customer’s application for credit is rejected, the Purchaser/Customer fails to pay for other goods and/or services ordered, the goods are unavailable, there is an error in the price or the description of goods and/or services, or an error in the order.


  • Specifications


3.1. U-SECURITY reserves the right to change the specifications of goods and/or services from time to time without notification to the Purchaser/Customer.

3.2. U-SECURITY is not responsible for typographical or illustrative errors.  Some pictures on our website and/or documentation may be visually enhanced to demonstrate usage.


  • Price/Fees


4.1. Unless otherwise notified by U-SECURITY in writing, all prices for goods and/or services:

(a) are in Australian dollars;

(b) are subject to change without notice;

(c) exclude delivery and other applicable charges.

(d) where goods are ordered internationally prices quoted are subject to exchange rate variation price adjustment.

4.2. Unless otherwise agreed in writing, the price payable for the goods and/or services is the price set by U-SECURITY at the date of delivery (plus delivery and other applicable charges).

4.3. Are based on having continuous, uninterrupted, and unhindered access to the required people, equipment, facilities, utilities, and areas where Work is to be carried out;

4.4. Are based on current workplace agreements

4.5. Do not cover extraneous work, including but not limited to patching/painting, carpet lifting or refitting, building work or decoration and emergency service call-outs and

4.6. Do not cover any costs associated with the discovery of unforeseen conditions or any other event beyond the reasonable control of U-SECURITY.

4.7. U-SECURITY may adjust the pricing on an annual basis in respect of an increase/fall in the cost of any annual services and increased/decreased costs. Should the Customer object to U-SECURITY’s proposed adjustment of pricing, the Purchaser/Customer may terminate this Agreement on the provision of 20 Business Days written notice to U-SECURITY.

4.8. If it becomes necessary 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 Fee.

4.9. Emergency service call-outs will be charged in accordance with U-SECURITY standard fees/Purchaser/Customer Contract for such emergency services. These fees can be provided on request. Purchaser/Customer Contracts are issued at time of acceptance.


  • Payment


5.1. The Purchaser/Customer must pay the price (and delivery and other applicable charges) for the goods and/or services in accordance with the payment terms specified on the invoice provided by U-SECURITY. U-SECURITY reserves the right to pass on to the Purchaser/Customer all costs associated with particular forms of payment (for example merchant fees charged on credit card payments). Where a payment is due on a weekend or public holiday in Queensland, payment is required by the preceding working day.

5.2. Where the Purchaser/Customer fails to make full payment by the due date, U-SECURITY may, in its absolute discretion:

(a) refuse to supply the Purchaser with further goods and/or services; or

(b) require the Purchaser to pay for further goods and/or services in full prior to delivery.

5.3. Time is of the essence in respect of the Purchaser/Customer’s obligation to make payment for goods and/or services.

5.4. Any payments the Purchaser/Customer makes to U-SECURITY will be applied as follows:

(a) first, as reimbursement for any collection costs and expenses incurred

(b) second, in payment of any interest charged to the Purchaser/Customer in accordance with clause 15.3 and

(c) third, in satisfaction or part satisfaction of the oldest portion of the Purchaser/Customer’s account.

5.5. Where U-SECURITY owes a debt to the Purchaser/Customer, U-SECURITY may deduct (set-off) the amount of that debt against any amount paid to U-SECURITY by the Purchaser/Customer.


  • Goods and Service Tax (GST)


6.1. Unless otherwise stated, all amounts payable for the goods are expressed exclusive of any goods and services tax (“GST”). U-SECURITY reserves the right to recover from the Purchaser/Customer all GST payable in respect of the supply of the goods and/or services.


  • Title of Goods


7.1. Ownership in the goods remains with U-SECURITY and title does not pass to the Purchaser/Customer until U-SECURITY has received payment in full for the goods and all sums owing on Purchaser/Customer’s accounts with U-SECURITY.

7.2. From the time the goods are provided to the Purchaser/Customer until the time title passes to the Purchaser/Customer in accordance with clause 8.1, the Purchaser/Customer takes custody of the goods and retains them as the Bailee of U-SECURITY.

7.3. If the Purchaser/Customer fails to pay U-SECURITY for the goods by the due date for payment, the Purchaser/Customer (without prejudice to any other right or remedy U-SECURITY Solutions may have) agrees to deliver the goods to U-SECURITY upon demand, and consents to U-SECURITY entering the premises at which the goods are stored or installed and retaking possession of the goods


  • Recalls


8.1. In the event of a product recall over the goods, the Purchaser/Customer agrees to give U-SECURITY such assistance as is reasonably required in relation to that recall.

  • Warranty and Product Returns

9.1. The Purchase/Customer must inspect all purchased Products upon delivery by U-SECURITY and, within 7 Business days of delivery, give written notice to U-SECURITY if any of the Products provided are not in accordance with this Agreement.

9.2. All Products carry a 365 (three hundred and sixty-five) days limited (Return to Base) warranty unless otherwise indicated. U-SECURITY will replace or repair any products found to be defective during this Warranty period.

9.3. U-SECURITY will not honour any other warranty, implied or otherwise, including those of merchantability and fitness for a particular purpose. Intentional or accidental damage to the equipment resulting from the wrong voltage applied to the system, reverse polarity, power surge, lightning, improper usage or repaired/altered without authorisation will automatically void any warranty.

9.4. U-SECURITY is solely dependent on the suppliers and/or the distributors for warranty claim times. U-SECURITY will at all times do what it can to expedite the process.

9.5. U-SECURITY are not obligated to provide advance replacement under any circumstances.

9.6. Except to the extent that it cannot be lawfully excluded, U-SECURITY will not be liable to any person for any loss or damage (consequential or otherwise) suffered or incurred by that person:

(a) Any losses resulting from the time it takes to have the faulty item replaced or repaired and

(b) In relation to the goods and/or services; and

(c) Caused by or resulting directly or indirectly from any failure, defect or deficiency of any kind of or in the goods and/or services.


  • Warranty turnaround time


10.1. Turnaround time for warranty claims largely depends on the suppliers or the distributors. We will try our best to speed up the process. Please understand the time involved for a warranty claim will include: our time to test the item, shipping back to the supplier, supplier’s own test and replacement/repair, and the shipping back to us.

10.2. We do not provide advance replacement under any circumstances. Please keep this in mind when you place your order. U-SECURITY is not responsible for any losses resulting from the time it takes to have the faulty item replaced or repaired.


  • Force majeure


11.1. If a Party is prevented from or delayed in complying with an obligation (other than to pay money) under these Conditions by an event beyond its reasonable control, performance by it of that obligation is suspended during the time, but only to the extent that compliance is prevented or delayed.


  • Quotation Validity


12.1. Unless otherwise agreed in writing, a quotation provided by U-SECURITY may be accepted up to 14 (fourteen) days from the quotation date, after which U-SECURITY reserves the right to amend or withdraw it. If any amounts are quoted in a foreign currency, the applicable exchange rate (as published by the Reserve Bank of Australia) shall be as at the date of the quotation.


  • Intellectual Property Rights


13.1. U-SECURITY retains all rights, title and interest subsisting in any design, documentation, diagrams, plans, or other information and materials supplied to the Purchaser/Customer in relation to this Agreement.

13.2. All intellectual property rights in Customer Materials supplied by the Purchaser/Customer for the purposes of this Agreement remain the property of the Purchaser/Customer but the Purchaser/Customer grants U-SECURITY a perpetual, irrevocable, royalty free, non-exclusive license to use, reproduce and modify the Customer’s Materials for any purpose related to this Agreement.

13.3. The Purchaser/Customer agrees to accept full responsibility for the Customer Materials and to indemnify U-SECURITY for any action, claim, liability, cost or expense arising out of a claim in Relation to any intellectual property infringement arising out of U-SECURITY’s use of the Customer Materials.


  • Indemnity


14.1. To the fullest extent permitted by law, the Purchaser/Customer indemnifies U-SECURITY and agrees to keep U-SECURITY indemnified, against all loss, liability, costs (including legal costs) and expenses arising directly or indirectly as a result of or in connection with the supply of goods and/or services.

14.2. The liability of the Purchaser/Customer in clause 12.1 is reduced proportionately to the extent that U-SECURITY has contributed to the loss, liability, cost or expense.


  • Default


15.1. The Purchaser/Customer will be in default if the Purchaser/Customer breaches these Conditions.

15.2. Without limiting clause 15.1, the Purchaser/Customer breaches these Conditions if:

(a) payment in full for the goods and/or services is not made by the due date;

(b) the Purchaser attempts to assign or transfer the benefit of these Conditions without obtaining the consent of U-SECURITY;

(c) if the Purchaser/Customer is an individual and declares or commits an act of bankruptcy, enters into an arrangement or composition with its creditors or signs an authority under Part X of the Bankruptcy Act; or

(d) if the Purchaser/Customer is a corporation and suffers the appointment of controller, administrator, receiver or liquidator, has winding up proceedings initiated against it or ceases or threatens to cease carrying on business.

15.3. If the Purchaser/Customer is in default under clause 15.1, U-SECURITY may:

(a) Charge interest on all amounts the Purchaser/Customer owes to U-SECURITY at the rate of 1% per month calculated daily for each day following the due date for payment until payment is made in full;

(b) Be reimbursed for and recover from the Purchaser/Customer, all costs and expenses incurred by U-SECURITY in seeking to collect debts, including without limitation, the costs of any collection agents and legal costs (on a solicitor and client basis);

(c) Demand immediate payment for all goods and/or services supplied by U-SECURITY, notwithstanding that the payment of those goods and/or services would not otherwise have been then due and payable;

(d) Terminate or suspend delivery of any order for goods and/or services; and/or

(e) Terminate any agreement and cease supplying the Purchaser/Customer with goods and/or services.


  • Purchaser/Customer’s specific obligations


16.1. The Purchaser/Customer shall:

(a) provide U-SECURITY with sufficient access to the Site as reasonably required for the purpose of allowing U-SECURITY to perform its obligations under any Agreement

16.2. Ensure that the Purchaser/Customer and the Customer’s Personnel:

(b) Do not interfere with or disrupt, delay or hinder U-SECURITY, its employees, agents, subcontractors or other persons engaged by U-SECURITY or prevent them from carrying out Work or cause them to incur additional cost; and

(c) Reasonably cooperate with U-SECURITY and its employees, agents and subcontractors;

(d) Advise U-SECURITY of the existence of any conditions affecting the Site, including but not limited to: concealed pipes, wires and cables for water, gas, electricity, telephone, or asbestos, and shall confirm the location of such conditions to U-SECURITY technicians before Work commences. In the absence of such notice U-SECURITY accepts no liability for any loss or damage as a result of such conditions and the Purchaser/Customer agrees to indemnify U-SECURITY against any claim whatsoever for any loss or liability under this clause;

16.3. Provide the Customer Materials as required by U-SECURITY for the delivery of the Products and/or performance of the Services by the date agreed between the parties or otherwise within a reasonable time after the date of any Agreement;

16.4. Provide U-SECURITY Solutions, within a reasonable time of a request made by U-SECURITY, any further data, specifications and information required by U-SECURITY to fulfil its obligations under any Agreement;

16.5. Provide adequate facilities at the Site at no cost to U-SECURITY, including but not limited to parking, power, lifting equipment, scaffolding, scissor lifts, rubbish removal skips and lockable storage; and

16.6. Ensure that the Site is at all times a safe working environment and complies with all applicable OHS Laws. The Purchaser/Customer acknowledges that U-SECURITY has not been engaged as the principal contractor for the purposes of OHS Laws in carrying out Work.

16.7. If U-SECURITY considers that the Site is unsafe, it may delay or cease delivery of Work until the Site is restored to a safe condition. In addition to any of U-SECURITY rights under this Agreement, the Purchaser/Customer acknowledges that any such delay or cessation of Work:

(a) Will not constitute a breach of any Agreement; and

(b) Will not entitle the Purchaser/Customer to the payment of liquidated damages or a financial penalty or any other damages

16.8. The Customer indemnifies U-SECURITY against any claims (including claims made by third parties) for the failure of equipment due to events beyond U-SECURITY’s reasonable control, including but not limited: to the failure of telecommunication carrier lines, power supply, and servers;

(a) Costs relating to emergency services charges; and

(b) The relocation of equipment.

16.9. The Purchaser/Customer agrees U-SECURITY has the right to alter from the original design, scope or quotation, without written notice or consent from the purchaser/customer, any equipment locations during installation, under the following conditions, but not limited to:

(a) Unforeseen site challenges that could not be determined during prior site inspections;

(b) Cabling options and/or cabling obstacles;

(c) Barriers to mounting or obstructions for mounting;

(d) To ensure installation best practice;

(e) To improve the original design and achieve surveillance or security advantages;

(f) In the case of CCTV cameras, to achieve the desired view with regard and consideration to site artificial and natural lighting conditions and lens width, depth and height.

(g) To comply with legislation, code or regulations;

(h) To comply with safe work practices;

(i) To avoid installation delays.


  • Security capabilities and policy for transmission of payment card details:


17.1. When purchasing from U-SECURITY, your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. 128-bit SSL encryption is the current industry standard. If you have any questions regarding our security policy, please contact our support staff at admin@u-security.com.au


  • Consumer data policy


18.1. U-SECURITY is dedicated to keeping your details private. Any information we collect in relation to you is kept strictly secured. We do not pass on, sell or swap any of your personal details with anyone. We use this information to identify your orders and to personalise your experience with us. Whenever you use our web site, or any other web site, the computer on which the web pages are stored (the Web server) needs to know the network address of your computer so that it can send the requested web pages to your Internet browser. The unique network address of your computer is called its “IP address,” and is sent automatically each time you access any Internet site. From a computer’s IP address, it is possible to determine the general geographic location of that computer but otherwise it is anonymous. We do not keep a record of the IP addresses from which users access our site, except where you have specifically provided us with information about yourself, in which case we also record your IP address for security purposes. An example of this would be when submitting a support request or inquiry form containing a request you may wish to make. After completing the form provided, your IP address will be identified as part of the transaction.

 

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