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Terms & Conditions


RDCCO Pty Ltd Trading As Permaconn

  1. DEFINITIONS & INTERPRETATION
    1. Definitions

      The following definitions apply in this agreement unless the context requires otherwise:

      1. Alarm Receiving Centre: means the firm or corporation which monitors the Permaconn System.
      2. Atlas Web Platform: means the web-based platform that enables the retrieval of status information,
        control and management of Permaconn Units.
      3. Pocket Secure: means the App that enables the End User to arm and disarm their alarm panel.
      4. Business Day: means a day that is not a Saturday, Sunday or public holiday in Sydney, Australia.
      5. Customer means the entity who:
        • markets distributes and installs the Permaconn System, or
        • monitors the Permaconn System as the Alarm Receiving Centre, or
        • provides both services referred to in clause 1.1.5 above two.
      6. Commencement Date: means the date on which the Permaconn System is activated.
      7. CSRU: means the Central Station Receiver Unit which is installed at the Alarm Receiving
        Centre and receives transmissions from the Permaconn Unit.
      8. End User: means the person, entity or corporation who either purchases the Permaconn
        Unit from the Customer or who contracts the Alarm Receiving Centre to monitor its premises
        utilising the Permaconn System.
      9. Initial Term: means 90 days calculated with effect from the Commencement Date.
      10. Keyholder: means a person, agency or authority which is authorised by the End User to be
        contacted in the event of the alarm at the End User’s premises being set off.
      11. Permaconn Air Time: means the monthly charge to access the Permaconn System.
      12. Permaconn System: means the alarm monitoring system provided by RDCCO Pty Ltd in
        terms of this agreement, including the Permaconn Unit, the Atlas Web Platform, the Sim Card,
        the CSRU which utilises the GPRS 3G 4G mobile telecommunication network and IP to link the
        End User’s premises to the Alarm Receiving Centre.
      13. Permaconn Unit: means the device that is installed at the End User’s premises.
      14. PPSA: means Personal Property Securities Act 2009 (Cth).
      15. RDCCO: means RDCCO Pty Ltd (ABN 90 625 818 395) of Unit 3, 9-11 South Street, Rydalmere NSW 2116.
      16. Services: means the alarm monitoring services provided by RDCCO Pty Ltd utilising the Permaconn System.
      17. SIM Card: means the detachable smart cards contained in the Permaconn Unit and the
        CSRU which remains the property of RDCCO Pty Ltd.
    2. Interpretation

      Unless a contrary intention clearly appears

      1. words importing: 
        • the singular include the plural and vice versa and
        • natural persons include created entities (corporated or unincorporated) and the government
          and vice versa.
      2. When any number of days is prescribed in this agreement, same shall be calendar days.
      3. Any headings used herein are for convenience in reference only and are not a part of this
        agreement, nor shall they in any way affect the interpretation hereof.
      4. The word "including" or "includes" means "including but not limited to" or "including without limitation".
      5. The rule of construction that the contract shall be interpreted against the party responsible
        for the drafting or preparation of the agreement, shall not apply.
  2. THE PERMACONN SYSTEM
    1. The Permaconn System is designed to reduce the risks of loss or damage to the End User’s
      property or the property of others located on the End User’s premises utilising the Permaconn
      System. However, RDCCO Pty Ltd does not guarantee that the Permaconn System cannot be
      removed, tampered with or made to stop working by the End User or the Customer or by any
      unauthorised person, that particular losses or injuries will be prevented by using the Permaconn
      System, that the Permaconn System will work continuously and without errors, including where
      interruptions or errors are due to something beyond RDCCO Pty Ltd’s reasonable control or that
      the Permaconn System, like all mechanical and electronic devices will not develop faults.
    2. The Customer and End User agree that use of the Atlas Web Platform and Pocket Secure as part
      of the Permaconn System is at their own risk. The display of events or actions at the End User's
      premises on the Atlas Web Platform is indicative only and RDCCO Pty Ltd does not warrant or
      guarantee the actual occurrence of any events or actions displayed on the Atlas Web Platform.
    3. RDCCO Pty Ltd does not know the value of the End User’s personal safety, premises or its
      contents or the property of others located on the End User’s premises and the Customer’s
      liability to the End User. The purpose of this agreement is not to act as insurer for the Customer
      in respect of the End User’s personal safety, premises or its contents or the property of others
      located on the End User’s premises or for any loss, claim or liability which the Customer may
      suffer pursuant to providing the Permaconn System to the End User.
    4. The amount paid under this agreement is based upon the services RDCCO Pty Ltd performs and
      the limited liability RDCCO Pty Ltd assumes under this agreement, and is unrelated to the value of
      the End User’s property or the property of others located on the End User’s premises or for any
      loss, claim or liability which the Customer may suffer pursuant to providing the Permaconn
      System to the End User. Subject to the provisions of this agreement and to the maximum extent
      allowed by law, in the event of any loss or injury to any person or property, the Customer agrees
      to look exclusively to its insurer to recover damages and waives all subrogation and other rights
      of recovery against RDCCO Pty Ltd that any insurer or other person may have as a result of paying
      any such claim, loss, liability or injury.
  3. CUSTOMER’S OBLIGATIONS

    The Customer must:

    1. if it is an Alarm Receiving Centre:
      1. provide RDCCO Pty Ltd with access to its premises so that RDCCO Pty Ltd may install the CSRU
        and remove same after this agreement has expired or is terminated.
      2. maintain a dedicated power supply to each part of the CSRU.
    2. provide information about the End User, the End User’s premises and any other relevant
      information to enable RDCCO Pty Ltd to provide the Services. The Customer must advise RDCCO
      Pty Ltd of any changes to this information.
    3. install and operate the Permaconn System according to the relevant Australian Standards and
      specifications and any instructions and information which RDCCO Pty Ltd provides or advises the
      Customer of from time to time.
    4. immediately inform RDCCO Pty Ltd:
      1. of any defect or fault in the Permaconn System.
      2. if anyone tampers with the Permaconn System.
      3. if the Permaconn System is damaged or stolen.
      4. if the Permaconn System has been subjected to any unusual operating or environmental conditions.
    5. must not move or interfere with or attempt to repair the Permaconn System or allow others to do so.
    6. must not transfer or assign any of its rights or obligations under this agreement.
  4. RDCCO PTY LTD’S OBLIGATIONS
    1. RDCCO PTY LTD accept that it must make sure that the Permaconn System is of merchantable
      quality, is suitable for the purpose set out in this agreement.
    2. RDCCO PTY LTD is not liable for:
      1. losses due to the acts or omissions of any other person including the Customer, End User,
        telecommunications network providers, other authorities or third parties.
      2. delays, interruptions or suspensions in providing the Services, which are due to any other
        person (including the Customer or the telecommunication providers), thing or event which
        RDCCO Pty Ltd could not reasonably be expected to prevent.
      3. losses resulting from:
        • the police, fire or other authority or party, including a Keyholder failing to act in accordance
          with an emergency response or the alarm being set off.
        • a signal transmitted from the Permaconn Unit to the Alarm Receiving Centre not being
          received by the Alarm Receiving Centre for reasons beyond their control.
        • a loss of power supply to any part of the Permaconn System.
        • any other cause beyond RDCCO Pty Ltd’s reasonable control and not caused by its lack of
          reasonable care.
  5. PRICE AND PAYMENT
    1. RDCCO Pty Ltd will invoice the Customer for the charges as specified in any proposal or
      quotation or as provided under this agreement. All amounts referred to in this agreement or any
      proposal or quotation are exclusive of any taxes unless indicated otherwise.
    2. Charges for Permaconn Air Time are invoiced monthly in advance.
    3. All invoices, including for charges for Permaconn Air Time, are due and payable by the Customer
      to RDCCO Pty Ltd within 30 days of the invoice date, without set-off, deduction or deferment on
      account of any claim or counterclaim.
    4. All amounts not paid within 30 days of the invoice date will bear interest at the lesser of the
      maximum amount allowed by law or one and one-half percent (1.5%) per month. If any amount
      becomes overdue, then all amounts recorded on the Customer’s account are deemed to be
      immediately due and payable. The Customer must pay all costs and expenses (including all legal
      costs) which may be incurred by RDCCO Pty Ltd in recovering overdue amounts.
    5. In the event the Customer disputes (by notice to RDCCO Pty Ltd) an invoice relating to charges
      for Permaconn Air Time, the Customer agrees it can only claim, and if agreed by RDCCO Pty Ltd,
      recover disputed amounts from invoices dated within the 3 month period prior to the date of the
      dispute notice.
    6. After the Initial Term, RDCCO Pty Ltd can increase the charges, including Permaconn Air Time
      charges, to cover any increase in the cost of providing the Services. RDCCO Pty Ltd will advise the
      Customer in writing, 14 days prior to such increase being effective.
    7. If the Customer does not agree to such increase in the charges, the Customer must within 7 days
      after receipt of the notice referred to in clause 5.6 terminate this agreement by giving 90 days
      notice in writing to RDCCO Pty Ltd. Until the end of that 90 day notice period, the Customer will
      still have to pay the charges for the Services without the increase, including charges for
      Permaconn Air Time, and RDCCO Pty Ltd will continue to provide the Services.
    8. The Customer must also pay RDCCO Pty Ltd extra charges at its current rates for labour and
      materials, where the following apply:
      1. faults to the Permaconn System have been caused by the Customer or any other person, thing
        or event which RDCCO Pty Ltd could not reasonably be expected to prevent.
      2. any replacements, repairs or modifications to the Permaconn System not covered by the
        warranty or are needed as a result of a change in a relevant standards or regulations governing
        the Permaconn System or the Services.
      3. The Permaconn System needs inspecting, resetting, reprogramming, repairing or replacing in
        circumstances where:
        • the Customer or any other person has failed to follow operating instructions or has interfered
          with the Permaconn System.
        • the Customer, or equipment or devices which RDCCO Pty Ltd has not supplied have caused a
          false alarm or a failure of the Permaconn System.
        • the Customer’s actions or failures, or those of any other person other than RDCCO Pty Ltd,
          require RDCCO Pty Ltd to inspect or make repairs or replace any part of the Permaconn
          System.
        • adverse weather conditions cause damage to or activation of the Permaconn System.
  6. TERMINATION OR SUSPENSION
    1. Except as otherwise provided for in this agreement, either party may terminate this agreement
      by giving the other party at least 90 days notice in writing at any time. Until the end of that 90
      day notice period, the Customer will still have to pay all of the charges for the Services, including
      charges for Permaconn Air Time, and RDCCO Pty Ltd will continue to provide the Services.
    2. Either party may terminate this agreement immediately on notice in writing to the other if
      RDCCO Pty Ltd cannot arrange or keep the telecommunications facilities needed to transmit the
      signals between End User’s premises and the Alarm Receiving Centre.
    3. If the Customer fails to make payment in accordance with clause 5, RDCCO Pty Ltd may
      immediately terminate this agreement or suspend the Services provided under this agreement,
      on notice in writing to the Customer and in respect of a suspension, for a period RDCCO Pty Ltd
      considers appropriate. RDCCO Pty Ltd will have no responsibility during the period of suspension.
      If this agreement is suspended, RDCCO will inform the Customer in writing upon the lifting of
      such suspension.
    4. Except as otherwise provided for in this agreement, either party (“Aggrieved Party”) may
      terminate or suspend this agreement if the other party:
      • commits any material breach of this agreement which is not remedied within 30 days of notice
        from the Aggrieved Party.
      • commits an act which is or would be an act of insolvency, or if a receiver, receiver and a
        manger, liquidator, administrator, trustee or similar official is appointed over its assets or business.
      • enters into or proposes to enter into an arrangement, composition, or compromise with its
        creditors or any class of them, or there is declared by a competent court or authority, a
        moratorium on the payment of indebtedness by either party or other suspension of payment generally.
      • ceases to carry on business.
    5. RDCCO Pty Ltd’s responsibility and liability under this agreement immediately ceases if this
      agreement expires or terminates or if the Services are suspended under clause 6.3.
    6. If RDCCO Pty Ltd has extended a discount from its normal charges on the basis that this
      agreement will continue for a certain minimum period, and prior to expiry of that minimum
      period this agreement is terminated by the Customer under clauses 5.7 or 6.1 or by RDCOO Pty
      Ltd for any reason except under clauses 6.1 or 6.2, the Customer must promptly pay to RDCCO
      Pty Ltd the difference between the normal (undiscounted) charges that would otherwise have
      applied and the discounted charges for the period this agreement was in effect.
    7. If this agreement expires or is terminated for any reason:
      1. RDCCO Pty Ltd will cease providing the Services.
      2. The Customer must immediately deliver or procure the delivery of the Permaconn System, or
        any part of the Permaconn System to RDCCO Pty Ltd.
      3. all amounts owing to RDCCO Pty Ltd will become immediately due and payable.
  7. RETENTION OF OWNERSHIP
    1. Unless otherwise agreed in writing by RDCCO Pty Ltd, no legal or equitable title to the
      Permaconn System passes to the Customer.
    2. The parties acknowledge:
      1. the Customer holds the Permaconn System as bailee of RDCCO Pty Ltd returnable at the will of
        RDCCO Pty Ltd and without prior demand of RDCCO Pty Ltd.
      2. without limiting clause 7.2.1, on demand by RDCCO Pty Ltd, the Customer must immediately
        deliver or procure the delivery of the Permaconn System, or any part of the Permaconn System to
        RDCCO Pty Ltd.
      3. the Customer authorises RDCCO Pty to enter the premises where the Permaconn System is
        stored for the purposes of taking possession of all or any part of it.
      4. the Customer hereby indemnifies RDCCO Pty Ltd for any damage arising in connection with
        the recovery of possession of the Permaconn System or any part of the Permaconn System by
        RDCCO Pty Ltd.
      5. RDCCO Pty Ltd retains and holds all legal and equitable title and ownership in the Permaconn System.
    3. The parties acknowledge:
      1. without limiting clause 7.2, all goods supplied to the Customer by RDCCO Pty Ltd under this
        agreement (the Goods) shall be subject to a security interest as that term is defined in the PPSA to
        secure payment of all moneys owing by the Customer to RDCCO Pty Ltd. RDCCO Pty Ltd shall treat
        the security interest in the Goods as continuing and subsisting security with priority over any
        registered general security and any unsecured creditors.
      2. the security in the Goods described in clause 7.3.1 extends to any proceeds arising from the
        sale of the Goods or in any accessions in the Goods or, if the Goods become an accession, the
        accession and the Goods, to secure the Customer’s obligations to RDCCO Pty Ltd under this
        agreement.
      3. the Customer is responsible for all costs incurred by RDCCO Pty Ltd in registering the security
        interest created under this agreement under the PPSA and all costs of enforcement of that security
        interest.
      4. to the maximum extent permitted by law:
        • for the purposes of sections 115(1) and 115(7) of the PPSA:
          • RDCCO Pty Ltd need not comply with sections 95, 118, 121(4), 125, 130, 132(3)(d) or 132(4).
          • sections 142 and 143 are excluded.
        • for the purposes of section 115(7) of the PPSA, RDCCO Pty Ltd need not comply with sections 132 and 137(3).
        • any other right in favour of the Customer that can be lawfully contracted out of under the
          PPSA is excluded.
      5. the Customer agrees to immediately notify RDCCO Pty Ltd of any change in its name, address
        and contact persons details required to enable RDCCO Pty Ltd to register a financing change
        statement if required. In the absence of such notification, the address held in RDCCO Pty Ltd‘s
        records is deemed to be the Customer’s relevant address.
      6. the Customer will not agree, encourage or allow any other person or entity to register a
        financing statement or security interest in respect of the Goods without the express written consent
        of RDCCO Pty Ltd and shall notify RDCCO Pty Ltd as soon as the Customer is aware of any other
        person taking steps to register an interest in the Goods.
  8. WARRANTIES
    1. RDCCO Pty Ltd warrants that the Permaconn System supplied are free of defects in materials
      and workmanship for a period of 24 months from the Commencement Date.
    2. RDCCO Pty Ltd shall be relieved of all obligations in terms of this clause 8, if:
      1. repairs or modifications to the Permaconn System have been made by persons other than
        RDCCO Pty Ltd, unless such repairs or modifications are made with the prior written consent of
        RDCCO Pty Ltd.
      2. the Permaconn System has not been operated or maintained in accordance with RDCCO Pty
        Ltd’s instruction, or under normal use; or the Permaconn System was not properly installed.
      3. incorrect adjustments by the Customer or others of any part of the Permaconn System.
      4. consumable items of all kinds failing (where consumable items are items with a finite life such
        as batteries, communication chips).
      5. work carried out by any telecommunications agency or other party.
      6. the provisions of clauses 3 and 4.2 are not complied with.
    3. Except as expressly provided in this agreement and except for any condition or warranty the
      exclusion of which could be void or otherwise contravene the Competition and Consumer Act
      2010 (Cth) or any other applicable law (Non Excludable Condition), RDCCO Pty Ltd makes no
      warranty or representation, either express or implied, with respect to the Permaconn System or
      any other goods or services it supplies under this agreement, Where legislation implies into this
      agreement a Non Excludable Condition, RDCCO Pty Ltd’s liability for breach of such Non
      Excludable Condition is limited in accordance with the provisions of clause 8.3.
    4. Neither party shall be liable to the other for loss of profit, income or saving or for any indirect,
      consequential or special damages regardless of whether the liability is based on a claim for
      negligence, indemnity, breach of contract, tort, misrepresentation or any other basis. In no event
      shall RDCCO Pty Ltd’s liability under this agreement or any transaction contemplated by this
      agreement exceed the total amount paid to RDCCO Pty Ltd by the Customer under this
      agreement during the previous six months. The Customer hereby releases RDCCO Pty Ltd from all
      obligations, liability, claims or demands in excess of the limitation.
  9. FORCE MAJEURE
    1. Neither party shall be in default under this agreement by reason of any failure or delay in the
      performance of any obligation under this agreement where such failure or delay arises out of any
      cause beyond the reasonable control of such party. Such causes include, without limitation,
      storms, floods, other acts of nature, fires, explosions, riots, war of civil disturbance, strikes or
      other labour unrests, embargoes and governmental actions or regulations that would prohibit
      either party from providing the Services or from performing any other aspects of the obligations
      under this agreement.
  10. GST
    1. A party must pay GST on a Taxable Supply made to it under this agreement to any
      consideration (excluding GST) that is payable for that Taxable Supply. It must do so at the time
      and in the same way as it is required to pay consideration for the Taxable Supply.
    2. A party making a Taxable Supply to another party under this agreement must issue a Tax
      Invoice to the other party, setting out the amount of the GST payable by that other party.
    3. For the purposes of clause 10 “GST”, “Input Tax Credit”, “Taxable Supply” and “Tax Invoice”
      have the meanings attributed to those terms in A New Tax System (Goods and Services Tax) Act 1999.
  11. REPRESENTATIONS
    1. The parties represent and warrant to each other that at any time during the continuance of this agreement:
      1. each party has full power to perform any business activity contemplated by this agreement.
      2. each party has procured any consent for the execution and performance of this agreement.
      3. the execution or performance of this agreement by any party does not and will not contravene
        any provision of the constitution of that party or any law or agreement binding on that party.
  12. NOTICES
    1. A notice, demand, consent, approval or communication under this agreement (Notice) must be:
      1. in writing and signed by a person duly authorised by the sender.
      2. hand delivered or sent by post to the recipient's registered address or principal place of
        business, as varied by any Notice given by the recipient to the sender.
      3. A Notice given in accordance with clause 12.1 takes effect when taken to be received (or at a
        later time specified in it), and is taken to be received.
      4. if hand delivered, on delivery.
      5. if sent by post, 2 Business Days after the date of posting;
        but if the delivery is not on a Business Day or is after 5.00pm on a Business Day, the Notice is
        taken to be received at 9.00am on the next Business Day.
  13. GENERAL
    1. It is agreed and understood that the basis upon which RDCCO PTY LTD does business with the
      Customer is that, notwithstanding anything contained to the contrary in any other
      documentation or discussion, including any invoice, delivery note or Customer enquiry, the terms
      and conditions contained in this agreement shall operate in respect of any and all business
      between the Customer and RDCCO PTY LTD.
    2. RDCCO PTY LTD may amend the terms and conditions contained in this agreement at any time
      by notifying the Customer in writing 14 days prior to the amended terms and conditions taking
      effect. If the Customer does not agree to the amended terms and conditions, the Customer must
      within 7 days after receipt of the notice terminate this agreement by giving 90 days notice in
      writing to RDCCO PTY LTD. For the avoidance of any doubt, until the end of that 90 day notice
      period, the Customer will still have to pay all of the charges for the Services, including Charges for
      Permaconn Air Time, and RDCCO PTY LTD will continue to provide the Services.
    3. The Customer is an independent contractor and nothing in this agreement shall create, or be
      deemed to create, a partnership or the relationship of principal and agent or employer and
      employee between the parties.
    4. If a provision of this agreement is invalid or unenforceable in a jurisdiction it is to be read
      down or severed in that jurisdiction to the extent of the invalidity or unenforceability and it does
      not affect the validity or enforceability of that provision in another jurisdiction or the remaining
      provisions.
    5. A waiver by a party of a provision or of a right under this agreement is binding on the party
      granting the waiver only if it is given in writing and is signed by the party or an officer of the party
      granting the waiver. A waiver is effective only in the specific instance and for the specific purpose
      for which it is given. A single or partial exercise of a right by a party does not preclude another or
      further exercise or attempted exercise of that right or the exercise of another right. Failure by a
      party to exercise or delay in exercising a right does not prevent its exercise or operate as a waiver.
    6. The termination of this agreement will not release either party from its obligations under
      clauses 2, 4, 6.6, 7, 8 and 9 or which by its nature must survive termination or in respect of any
      accrued rights.
    7. Except as otherwise provided for under this agreement, this agreement may be amended only
      by a document signed by all parties.
    8. This agreement together with any documents referred to in this agreement or executed in
      connection with this agreement is the entire agreement of the parties about the subject matter
      of this agreement.
    9. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the
      courts of New South Wales and waives any claim or objection based on absence of jurisdiction or
      inconvenient forum.
    10. This agreement is governed by the laws of New South Wales.