Terms and Conditions

These are the terms and conditions upon which Surfcoast Phone and Data Pty Ltd (ABN 44 626 850 075) (“SCP&D”, “us”, “our”, and “we”) provides products and services to customers (“Customer”,”you”, ”your”).   

  1. Acceptance 
  1. SCP&D products and services are offered to you conditionally on your acceptance of these Terms and Conditions.  
  1. By accepting our quote you: 
  1. are communicating your acceptance of these Terms and Conditions; and 
  1. are representing and providing a warranty to SCP&D that you are the owner of the at the premises where the services are to be provided (“the Premises”) or that you have the authority of the owner of the Premises to authorize SCP&D to undertake work at the Premises. 
  1. If you engage SCP&D on behalf of someone else, including on behalf of a business (whether partnership, or company) you represent to SCP&D that you have authority to bind that other person or entity as principal to these terms and conditions. 
  1. Our products and services 
  1. We provide a range of services relating to the installation of technology to suit personal and business needs.  We also have a range of products which are available for purchase directly from us. 
  1. SCP&D makes recommendations based on the information that Customers give us.  Ultimately the decision about the installation of technology is the Customer’s responsibility, and to the extent permitted by law, the Customer assumes responsibility for reliance upon recommendations made by SCP&D. 
  1. Security Camera Installation 
  1. All equipment installed by SCP&D is manufactured by third parties.  The security systems that we install are generally operated through mobile device applications.   
  1. Our representatives will assist Customers to install the relevant manufacturer applications on the Customer’s chosen mobile device.  Once installed, SCP&D will have no further responsibility for the operational aspects of the security system, (unless otherwise required by law).  The Customer must direct all product related inquiries to the manufacturer’s technical support team. 
  1. SCP&D does not guarantee that the installation of security systems will prevent unauthorised access to the Premises and SCP&D is not liable if a break-in occurs at the Premises. 
  1. The quality of footage recorded by security cameras is not guaranteed by SCP&D.  The quality of footage captured by a camera depends upon the resolution of the camera, system settings and how the camera is maintained.   
  1. The Customer is responsible for ensuring that the cameras are maintained and that their view is not obstructed, for example by cob-webs or tree branches.  
  1. Alterations made to the system after installation can result in the failure to save footage.  
  1. Ongoing Monitoring Subscription service 
  1. If the Customer purchases an ongoing security monitoring service, the security system is registered with the manufacturer to SPC&D as the installer.  This will remain in place unless the Customer moves to a different service provider. 
  1. The monitoring services operates through a mobile device application, to allow Customers to view the Premises remotely if an intrusion alarm is triggered.  The monitoring service does not include an attendance at the Premises in response to an alarm.  SCP&D is not notified when the alarm is triggered. 
  1. SCP&D only has the ability to remotely configure the system for technological issues. 
  1. If an intrusion alarm is triggered it is the Customer’s responsibility to take action.   
  1. The cost of the subscription service and payment terms are identified in the quote. 
  1. Wireless data networks 
  1. Wireless data networks created by SCP&D are connected to our cloud account to enable us to remotely manage the service).  SCP&D can only access the network for configuration purposes.  We cannot access the data stored through the network. 
  1. SPC&D cannot guarantee that wireless data networks are secure from third party penetration and is not liable for any unathorised access to the Customer’s wireless data network.  Customers must ensure that all devices connected to the network contain adequate security protection. 
  1. Quotes 
  1. Quotes are open for 30 days after which prices quoted may be subject to change. 
  1. All inclusions in the scope of work are listed in the quote.  Unless provided for in the quote, the following items are not included, and additional fees will apply: 
  • digging trenches;  
  • power and power connections;  
  • ongoing operational costs;  
  • connection fees;  
  • additional work identified during the provision of the services; 
  • repairing damage to existing services that we identify while undertaking the work; and 
  • any additional work required as a result of the installation services that does not arise as a result of our negligence (for example re-plastering). 
  1. For smaller jobs, a verbal quote may be provided by one of our representatives while on-site at your premises.  Your authority to proceed with the work is indicating your acceptance of these terms and conditions. 
  1. Changes and Cancellations 
  1. Customer requests to change the scope of work can be accommodated prior to installation, subject to product availability and payment of any costs incurred by SCP&D in relation to the original scope of work, and any additional deposit required. 
  1. Additional costs may arise as a result of changes to the scope of work.  
  1. While providing the services we may identify that additional work is necessary to enable us to finalise the services.  Where this work is outside of the scope of the work, we will provide you with an estimate of these additional costs before proceeding with the work. 
  1. Pricing and Payment 
  1. Prices are inclusive of GST. 
  1. We may require a deposit to secure your purchase as identified in the quote. 
  1. Unless otherwise stated in the quote, you will be issued with an invoice on completion of the work agreed upon.  Invoices are payable within seven days of the issue date. 
  1. If you fail to pay an invoice by the date payment is due, SCP&D in its sole discretion may cease providing you with products and services until all overdue payments are paid in full.  This includes the right to disable any services that SCP&D has access to without prior notice to you. 
  1. Payments not made by the due date may incur penalty interest daily at a rate that is 1.5% above the rate fixed under the Penalty Rates Interest Act (1983) Victoria that applies at the time that the payment is due. 
  1. You will be liable to pay all expenses incurred by SCP&D arising from a default in payment by you, including but not limited to debt recovery costs, legal fees and disbursements on an indemnity basis. 
  1. Timeframes 
  1. The services will be provided at a mutually agreed time. However, scheduled times may be subject to change.  If we are unable to attend the Premises at the agreed time, we will notify you as soon as possible to schedule a new time.   
  1. Customers acknowledge that the ability of SCP&D to provide certain services is dependent on the weather as we cannot perform certain work in inclement weather.   
  1. Security of Information 
  1. We will maintain reasonable security arrangements in respect of personal data to prevent unauthorised access, collection, use, disclosure, or similar risks.  However, we cannot guarantee that the security of information transmitted through the Internet is impenetrable.   
  1. You are solely responsible for keeping all passwords confidential and configuring the appropriate control settings.  
  1. SCP&D will not disclose any Customer information to any third-party other than: 
  1. with consent; 
  1. as required by law;  
  1. to our professional advisers where such advisers are under a similar duty of confidentiality with regards to the information; or 
  1. If the Confidential Information is already in the public domain (other than by way of a breach of this Clause). 
  1. Health, Safety and Security 
  1. The Customer must ensure that, the Premises and all equipment provided by the Customer to SCP&D for the purposes of carrying out the work are safe.   
  1. Limitation of Liability 
  1. SCP&D is not liable for the ongoing maintenance of technology installed by us unless the Customer has entered into an ongoing service level agreement with SCP&D.  
  1. SCP&D is not liable for connectivity arising from internet connections. 
  1. Nothing in these terms and conditions excludes or limits our liability for any liability that cannot be excluded or limited by law.   
  1. To the extent permitted by law: 
  1. SCP&D excludes all conditions, warranties, representations or other terms not expressly provided in these terms and conditions;  
  1. SCP&D shall not be liable for (a) any indirect, incidental, exemplary punitive, or consequential damages of any kind whatsoever; (b) loss of profits, sales, revenue, data, use, goodwill, or other intangible losses; or (c) damages relating to your use of SCP&D products and services; and 
  1. any liability otherwise arising for services provided by SCP&D is limited to the amount paid by the Customer to SCP&D under these terms and conditions. 
  1. Indemnity 
  1. The Customer agrees to indemnify SCP&D and keep SCP&D indemnified against any action, liability, claim, loss, damage, proceeding or expense suffered or incurred by us arising in connection with the Customer’s breach of these terms and conditions.  
  1. Force Majeure 
  1. Neither party is liable to the other for failing to meet its obligations under these terms and conditions to the extent that the failure was caused by an act of nature or other circumstances beyond the party’s reasonable control.  However, where a party has been unable to perform its obligations for a period of 60 days or more, the affected party may immediately terminate these terms and conditions by giving notice in writing to the defaulting party. 
  1. Severability 
  1. If any clause of these terms and conditions is found to be invalid or unenforceable under an applicable law, that clause should be excluded to the extent of the invalidity or unenforceability without affecting the rest of these terms and conditions.  
  1. Applicable Law 
  1. These terms and conditions are governed by the laws of the Victoria and the parties submit to the jurisdiction of the courts of Victoria.