Conditions of Service
Definitions
- "Alarm New Zealand" shall mean Alarm New Zealand Limited or Alarm New Zealand and/or any agents or employees thereof.
- "Customer" shall mean the customer, any person acting on behalf of and with the authority of the customer as per the Billing Information Schedule, or any person purchasing goods or services from Alarm New Zealand.
- "Goods" shall mean all goods, chattels supplied by Alarm New Zealand to the customer and shall include any fee or charge associated with the supply of goods by Alarm New Zealand to the customer.
- "Services" shall mean all services provided by Alarm New Zealand to the customer and shall include, without limitation, the provision of all alarm systems, installation and maintenance, monitoring response, services and supplies, all charges for labour and work, hire charges, insurance charges, or any fee or charge associated with the supply of services by Alarm New Zealand to the customer.
- "Price" shall mean the cost of the goods or services as agreed between Alarm New Zealand and the customer, subject to clause 14(f) of this contract.
- "CPI" means the official New Zealand CPI (All Groups CPIQ SE9A) consumer price index published quarterly by Statistics New Zealand or its successor (or, if that index ceases to be published or otherwise ceases to be available to ALARMNZ and the Customer, means such other index as measures, in a manner which most closely resembles the manner in which the consumer price index (all groups) measures inflation or deflation in New Zealand immediately prior to becoming unavailable to ALARMNZ and the Customer or ceasing to be published).
- "Alarm" means an installation of apparatus, which performs specific fire, security or safety-related functions in response to the operation of a device, detector, manual call point, mobile phone or other input, as defined in relevant NZ Standards.
- "FENZ" Fire Service Emergency NZ or its appointed agent.
- "NZP" means the New Zealand Police or its appointed agent.
- "NZAS" New Zealand Ambulance Service or its appointed agent.(i.e. St Johns )
- "MSD" Ministry of Social Development.
- "FPA" Fire protection Association.
- "NZSA" New Zealand Security Association.
- "TSANZ" Telecare Association of New Zealand.
- "Service Agent" means a party that is contracted by the customer to maintain and repair the customer's alarm.
- "System" means the collection of equipment, software, transmission links and processes necessary to transport messages between alarms and the customer, its service agents and, if required, FENZ.
- "Lease Equipment" shall mean all goods supplied by Alarm New Zealand to the customer where a rental fee or one-time lease fee is applied to the transaction. All such goods referred to as Lease Equipment shall remain the property of Alarm New Zealand.
- "Maintenance" Service charged to the customer for consumables such as replacement of batteries etc.
2. Connection
- Alarm New Zealand does not guarantee that connection of the Alarm to the System will be continuous or fault-free but will take all precautions to ensure the best possible service and will attempt to notify the Customer immediately upon any fault or disconnection of service.
- Circumstances beyond the control of Alarm New Zealand may cause the connection to be interrupted. Interruption to the connection may also be required to comply with legislative requirements or in order to repair or work on equipment.
- The Customer must comply with all applicable statutory requirements and codes of practice.
- The Customer must, on 24 hours' written notice, grant access to FENZ (Fire Emergency New Zealand), NZP, or Alarm New Zealand personnel to inspect the Alarm and the Protected Premises at reasonable times during normal working hours.
- Prior to the connection of an Alarm to the System, the Customer must provide to Alarm New Zealand all data specified by Alarm New Zealand necessary to allow contact to be made at any time by Alarm New Zealand or FENZ/NZP. If, during the term of this agreement, any of the data changes, the Customer must immediately inform Alarm New Zealand of those changes.
3. Access
- The Customer must supply to FENZ/NZP master keys or sets of keys (or equivalent, e.g., access cards or codes) allowing access to all parts of the Protected Premises. The number of keys in the set shall not exceed six.
- The Customer must immediately advise Alarm New Zealand of any changes to the security for which keys, access cards, or codes have been supplied and supply any further keys, access cards, or codes as necessary.
- Where access to the Protected Premises is through part of a larger complex which does not have alarm monitoring, keys for those outer areas are also required.
- Alarm New Zealand will provide the Customer with the address of the FENZ/NZP station to which the Customer shall deliver the keys, and in which the keys will be held.
- The Customer acknowledges that if it does not provide keys in accordance with clause 3(a), FENZ/NZP may force access to the Protected Premises in the event of a call-out. Any damage to the Protected Premises as a result of such forced access shall be at the cost of the Customer.
4. Alterations
- The Customer shall give prior notification to Alarm New Zealand of any intended alterations to the Alarm or any material factor that may in any way affect the operation of the Alarm.
- Alterations to the Alarm shall comply with the relevant New Zealand Standards.
- The Customer will allow FENZ or NZP to inspect any alterations to a Fire Alarm.
- The Customer shall give 20 Business Days' notice in writing to Alarm New Zealand prior to any change in ownership of the Alarm, or any change in the level of protection afforded by the Alarm.
- The Customer shall give Alarm New Zealand immediate written notice of any change to its Service Agent.
5. Disconnection / Cancellation
Alarm New Zealand may disconnect the Alarm from the Monitoring System following at least fourteen days written notice to the Customer:- For repeated false alarms that result in the attendance of FENZ or NZP personnel and vehicles;
- If testing is not carried out satisfactorily and any abnormalities in the Alarm are not remedied by the Customer promptly, to the satisfaction of Alarm New Zealand;
- For failure to comply with relevant New Zealand Standards relating to Alarms; or
- Alarm New Zealand shall, without any liability, and without any prejudice to any other right it has in law or equity, have the right by notice to suspend or cancel in whole or in part any contract for the supply of goods or services to the customer if the customer fails to pay any money owing after the due date except where genuinely disputed and where notification of such has been given to Alarm NZ, or the customer commits an act of bankruptcy as defined in section 19 of the Insolvency Act 1967. The Customer agrees that ALARM NZ can contact the appropriate government funding agency direct to recover any unpaid charges.
- Any cancellation or suspension under clause 5(a) shall not affect Alarm New Zealand's right to claim any money owed at the time of cancellation or suspension, nor will it affect Alarm New Zealand's right to seek damages for any breach of the contract or for any other obligations the Customer owes under this agreement.
- f) If either party wishes to terminate the agreement that party shall give at least one months notice in writing to the other party, and the agreement shall expire at the expiration of such period. In event of failure to give such required notice the Customer agrees to pay Alarm New Zealand a sum equal to one months monitoring charge from the date of termination.
- The Customer's Alarm may be disconnected immediately if it is adversely affecting the use of the Monitoring System by other customers or impacting the overall efficiency or security of the Monitoring System, and the Customer is unwilling to fix the Fault causing the issue.
- The Customer acknowledges that if the Alarm is disconnected, it may be required to be certified prior to reconnection.
- This agreement shall not be deemed terminated until the communication device connected to the Customer's Alarm ceases to communicate with Alarm New Zealand.
6. Protection of equipment on property
- The Customer shall immediately notify Alarm New Zealand if there is any issue with equipment owned by Alarm New Zealand on the Protected Premises.
7. Alarm Data Information
The Customer must, during any investigation by Alarm New Zealand, FENZ, or NZP into the cause of a false alarm, provide Alarm New Zealand and/or FENZ or NZP with:
- Access to the Protected Premises during normal working hours;
- Any information requested by Alarm New Zealand, FENZ, or NZP relating to the false alarm;
- Any assistance reasonably required by Alarm New Zealand, FENZ, or NZP.
8. Customer Notification
If a critical event or system failure occurs that is unlikely to be resolved within the service level response times outlined in Section 24, Alarm New Zealand must notify the Customer of both the failure and the resumption of service. This notification shall be made by telephone using the Customer's contact numbers or via email, so that a mutually agreed contingency plan can be implemented.
Sample Notification Order Table:
| Name | Position | Phone | ||
|---|---|---|---|---|
| 1st | ||||
| 2nd | ||||
| 3rd | ||||
| 4th |
Note: This Order may be adjusted by the Customer at any time.
9. Customer Acknowledgements
- The Customer acknowledges that any data collected by Alarm New Zealand and forwarded to the FENZ/NZP/NZAS may be used by those agencies in furtherance of the their statutory functions and no recompense shall be due or payable to the Customer. The FENZ/NZP/NZAS will not divulge the identity of any individual Customer.
- The Customer acknowledges that the FENZ/NZP/NZAS shall not be liable in law for any direct or indirect losses, damages or claims suffered by the Customer or third parties in the event of a Alarm being disconnected in accordance with this Agreement, if continuous connection to the System is not provided or if the FENZ/NZP/NZAS terminates the contract with Alarm New Zealand.If FENZ/NZP/NZAS does terminate the contract between either agency and Alarm NZ, Alarm NZ will notify the Customer immediately.
10. False Alarm Charges
- The Customer acknowledges that the Fire Service Act 1975 enables FENZ to impose false alarm charges on the Customer in accordance with a scale laid down by the FENZ Commission. Notwithstanding section 47C(4) of the Fire Service Act 1975, where the Customer is a body corporate as defined under the Unit Titles Act 1972, the Customer agrees and acknowledges that it is liable to pay any charge levied by FENZ for attending a false fire alarm at the Protected Premises, whether or not that false alarm occurred in the common property or within any particular unit of the Protected Premises.
- The Customer agrees to indemnify FENZ against all costs incurred by FENZ in recovering any money owed by the Customer under this Agreement. This obligation shall survive the termination of this Agreement.
11. Acceptance
a) Any instructions received by Alarm New Zealand from the Customer for the supply of Goods or Services shall constitute acceptance of the terms and conditions contained herein.
12. Collection and use of information
a) The Customer authorizes Alarm New Zealand to collect, retain, and use any information about the Customer for the purpose of assessing the Customer's creditworthiness or enforcing any rights under this Agreement.
13. Price
a) Where no price is stated in writing or agreed to orally, the Goods or Services shall be deemed to be sold at the current amount charged by Alarm New Zealand at the time of the contract.
b) The Customer shall be responsible for all onsite utility charges, such as telephone and power, required by or associated with the supply of Goods and Services by Alarm New Zealand.
14. Payment
a) Unless prior arrangements have been made, payment for Goods or Services relating to installation shall be made in full on the 20th day of the month following the date of the invoice ("the Due Date"). Payment shall be made by automatic payment or direct debit.
b) The Customer shall pay Alarm New Zealand's fees for monitoring services by quarterly payments made in advance.
c) Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such instrument has been cleared and paid in full.
d) The Customer shall not be entitled to retain any portion of payment by way of retention, except where a charge is genuinely disputed. In such cases, the Customer may withhold only the disputed portion pending timely discussion and resolution of the dispute.
15. Quotation
Where a quotation is given by Alarm New Zealand for Goods or Services:
a) The quotation shall be valid for one (1) month from the date of issue; and
b) The quotation shall be exclusive of Goods and Services Tax (GST) unless specifically stated otherwise; and
c) Where Goods or Services are required in addition to those listed in the quotation, the Customer agrees to pay for the additional costs of such Goods or Services.
16. Risk
a) Risk in the Goods remains with Alarm New Zealand until delivery to the Customer. However, once title passes to the Customer pursuant to clause 18(b) of this Agreement, the Goods shall be at the Customer's risk, whether or not delivery has been made.
b) Delivery of Goods shall be deemed complete when Alarm New Zealand gives possession of the Goods to the Customer, or when the Customer receives the Goods from a common carrier instructed by Alarm New Zealand.
17. Agency
a) The Customer authorizes Alarm New Zealand to contract, either as principal or agent, for the provision of Goods or Services under this Agreement, but only with the Customer's prior written consent (which shall not be unreasonably withheld).
b) Where Alarm New Zealand enters into a contract of the type referred to in clause 17(a), such contract shall be read with and form part of this Agreement, and the Customer agrees to pay any amounts due under that contract.
18. Title
a) Where the Goods are ascertained and in a deliverable state, title in the Goods passes to the Customer when the Customer has made payment in full for all Goods supplied by Alarm New Zealand.
b) Where the Customer has not paid for any Goods or rental fees for Lease Equipment in its possession:
(i) ownership of such Goods shall remain with Alarm New Zealand; and
(ii) the Goods shall be held by the Customer as bailee.
If the Goods are attached, fixed, or incorporated into any property of the Customer, through any manufacturing or assembly process by the Customer or a third party, title in the Goods shall remain with Alarm New Zealand until full payment for all such Goods has been made.
19. Return of Goods
a) The Customer shall be deemed to have accepted the Goods supplied and Services provided unless the Customer notifies Alarm New Zealand otherwise within seventy-two (72) hours of delivery of the Goods.
b) No Goods will be accepted for return by Alarm New Zealand without prior written approval.
20. Liability
a) Alarm New Zealand will make every possible effort to ensure that they do not perform any negligent acts and will indemnify the customer for a sum no greater than the sum paid to Alarm New Zealand in a single calendar year for any direct losses incurred as a result of this. Alarm New Zealand also agree to indemnify the customer in the same terms above for any direct losses caused due to breaches of contract due to deliberate, wrongful or negligent acts.
b) Without limiting the generality of clause 20(a), Alarm New Zealand shall not be liable for delays or losses caused by the action of third parties unless contracted by Alarm New Zealand, vehicle accidents or breakdowns, power failure, earth movement, faulty censors, wiring or other occurrences outside the control of Alarm New Zealand
c) In addition to the provisions of Clause 20a) hereof it is understood and accepted between the parties hereto:
d) The Alarm New Zealand is not an insurer; and that any insurance will be obtained by the Customer at their own cost.
e) The Alarm New Zealand does not represent that the monitoring systems utilized by Alarm New Zealand may not be circumvented but all due care is taken to prevent this.
21. Consumer Guarantees Act
The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the customer acquires goods or services from Alarm New Zealand for the purposes of a business in terms of section 2 and 43 of that Act.
22. Warranty
Alarm New Zealand does not provide any warranty for the NAD installation until all signals have been tested through to the Fire Service and there are no remaining faults or installation errors with regard to the NAD (Network Access Device).
New parts installed are warranted to be free from defective workmanship and materials for a period of one (1) year from the date of delivery, provided such parts are correctly installed by a qualified person and used under normal conditions. However, no warranty shall exceed the manufacturer’s warranty provided to the Customer at the time of purchase.
23. Customer Alarm Monitoring Response Service
Alarm New Zealand aims to respond to Alarm activations in normal circumstances within the following time frames.
All Times - Alarm New Zealand will achieve the following monitoring response service levels:
| Priority Measure | Fire/Medical | Security/Safety | Asset Security | Equipment | Connection |
|---|---|---|---|---|---|
| Priority | Critical | Urgent | High | Medium | Low |
| Min Resolution Time | 15 seconds | 60 seconds | 2 minutes | 5 minutes | 15 minutes |
| Max Resolution Time | 3 minutes | 5 minutes | 10 minutes | 30 minutes | 60 minutes |
24. Customer Service Availability & Support
Alarm New Zealand aims to provide a high level of service availability with no planned outages during business hours (8.00am – 5.30pm Monday to Friday). Most services are available after hours (outside business hours), however, only a few are supported. The services that are supported after hours are for severity 1 - critical calls only (see the Priority Table in section 24 of this document). The following table outlines availability and support for each service:
| Service | Business Hours | After Hours | ||
|---|---|---|---|---|
| Available | Supported | Available | Supported | |
| Add/Delete/Modify Service | ✓ | ✓ | ✓ | ✗ |
| Modify Personal Details | ✓ | ✓ | ✓ | ✓ |
| Emergency Service Dispatch | ✓ | ✓ | ✓ | ✓ |
| Functionality Test of Service | ✓ | ✓ | ✓ | ✓ |
| Fault Support | ✓ | ✓ | ✓ | ✗ |
| Hardware Support | ✓ | ✓ | ✗ | ✗ |
| Software Support | ✓ | ✓ | ✗ | ✗ |
| Training | ✓ | ✓ | ✗ | ✗ |
| Internet Access | ✓ | ✓ | ✓ | ✗ |
| Advice, Guidance & Information | ✓ | ✓ | ✓ | ✗ |
25. Technical Service Level Response Times
This section describes the priority levels and response times for all calls logged with the Alarm Technical Service Desk.
Priority Levels:
| Priority | Definition |
|---|---|
| Severity 1 - Critical | Problem or outage affecting a high risk individual or a large group of customers (>50), business critical functions or essential services |
| Severity 2 - Urgent | Customer cannot perform normal activities or business functions due to problem, or customer needs immediate assistance to complete a task. |
| Severity 3 - High | Customer is significantly inconvenienced by an issue but can work around it until resolved. |
| Severity 4 - Medium | Customer requests a service within 48 hours. |
| Severity 5 - Low | Customer requests a service within 7 days. |
Resolution Time:
Resolution time is the time taken from logging a call in the Action request tracking system, to the restoration of the service.
Note: Where the resolution is dependent on the services of an external provider, the request may be given a status of "On Hold" for a reasonable period of time Alarm New Zealand will ensure that resolution by an external provider is not unreasonably delayed, but cannot guarantee the timeliness of the external provider's response. Alarm New Zealand will ensure updates are received from the external provider and will communicate these to the customer as requested.
Service Levels:
Business Hours - Alarm New Zealand will achieve the following service levels
| Measure | Critical | Urgent | High | Medium | Low |
|---|---|---|---|---|---|
| Resolution Time | 2 hours | 4 hours | 24 Hours | 2 Days | 7 days |
| Percentage Met | 90% | 90% | 90% | 90% | 90% |
After Hours - Alarm New Zealand will achieve the following service levels
| Measure | Critical | Urgent | High | Medium | Low |
|---|---|---|---|---|---|
| Response Time | 1 hour | 2 hours | 4 Hours | 2 Days | 7 days |
| Percentage Met | 90% | 90% | 90% | 90% | 90% |
26. Reporting Requirements
The following sections outline the reporting provided as part of the service level agreement. Reports will be provided online for download from the ALARM New Zealand web site at any time.
| Performance Measure | Reporting Requirement |
|---|---|
| Device Management | Lists of all Device events by Customer |
| Incident Management | Lists of Priority events by Customer |
| Service Requests | List of all Actions Requested by Customer |
| Response Policies | List of all Response Plans Required by Customer |
Note: A service policy guide is required to be provided by the customer to ensure the response plans are matched with their specific needs. If this is not provided the default Alarm New Zealand response plans will be used.
27. Miscellaneous
- The customer shall not assign all or any of its rights or obligations under this contract without the written consent of Alarm New Zealand unless required to by Government or Legislation.
- Alarm New Zealand adheres to all MSD, FPA, NZSA, and TSANZ codes of practice, conduct and disciplinary actions for the supply and delivery of Alarm services.
- Alarm New Zealand shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
- Failure by Alarm New Zealand to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations Alarm New Zealand has under this contract.
- The law of New Zealand shall apply to this contract except to the extent expressly negated or varied by this contract.
- Where the terms of this contract are at variance with the order or instruction from the customer, this contract shall prevail.
- If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
- Any dispute between the parties is to be dealt with in accordance with the Arbitration Act 1996.
- The Customer shall notify Alarm New Zealand of any proposed structural alteration to the premises. Any alteration to Alarm New Zealand's monitoring equipment which may thereby become necessary shall be carried out at the expense of the Customer.
- Alarm New Zealand reserves the right to suspend the monitoring service of an alarm system or a zone which is activating falsely where the Customer has been notified by Alarm New Zealand of the fault but has not remedied the problem within seven days of notification. Alarm New Zealand will reinstate the monitoring service when notified by the Customer that the fault has been repaired.
- In every respect, in the discharge of the services described herein, Alarm New Zealand is vested with the full authority of the Customer or persons in lawful occupation of the premises.
- Unless the Customer advises otherwise at the time of each connection Alarm New Zealand are authorised to notify existing electronic alarm service providers on the Customers behalf that their services are terminated.
28. Acceptance
Once this document has been signed by both companies the terms and conditions contained within are in force. Payments made by the customer to Alarm New Zealand for these services requested also means the terms and conditions within this service Level Agreement are in force.
Signed on behalf of:
Alarm New Zealand Ltd
Alarm New Zealand Ltd
PRINT NAME
DESIGNATION
DATE
Customer Name
Please refer to AlarmNZ's terms and conditions agreement here.