Customer Service Agreement - Brilliant Technology Solutions
Standard Terms and Conditions
- This Customer Service Agreement (CUSTOMER SERVICE AGREEMENT) commences on the Agreement
- For Payment Plans, this CUSTOMER SERVICE AGREEMENT continues until the end of the Initial Term and then will automatically renew on a month to month basis until such time as either party gives the other one (1) month’s prior notice of termination. The Customer may terminate this CUSTOMER SERVICE AGREEMENT during the Initial Term by giving one (1) months’ notice to Brilliant, however Early Termination Fees will apply in accordance with clause 13
- Brilliant will give notice to the Customer prior to the expiry date to advise of the automatic renewal, providing the Customer with the opportunity to opt for termination on the expiry date instead.
2. COOLING OFF PERIOD
- This CUSTOMER SERVICE AGREEMENT may be subject to a Cooling Off Period in accordance with the applicable legislation regarding unsolicited consumer agreements (as this term is defined in the Competition and Consumer Act 2010 (Cth)).
- Where a Cooling Off Period applies:
- Brilliant will not accept any payment during the Cooling Off Period;
- Brilliant will not provide any Security Services during the Cooling Off Period;
- Brilliant will not supply any Equipment exceeding five hundred Australian Dollars ($500) in value during the Cooling Off Period;
- the Customer may cancel this CUSTOMER SERVICE AGREEMENT within this period without penalty by giving Brilliant notice verbally or in writing. The Customer may use the notice in the prescribed form contained in the CUSTOMER SERVICE AGREEMENT.
- If the Customer cancels this CUSTOMER SERVICE AGREEMENT during the Cooling Off Period and Equipment was supplied during that period, the Customer agrees to provide Brilliant with reasonable access to the Site during Standard Hours to remove the Equipment within thirty (30) days of cancellation. Failure to provide Brilliant with such access will result in the Customer being invoiced for the cost of the
3. BRILLIANT’S OBLIGATIONS
- In consideration of payment of the Fees by the Customer, Brilliant agrees to supply the Equipment and/or the Security Services described in the CUSTOMER SERVICE AGREEMENT to the Customer, in accordance with the terms and conditions herein, including any schedules, forms, specifications and other referenced materials (if any).
- Supply of Equipment. If the Customer has purchased equipment as part of this CUSTOMER SERVICE AGREEMENT, Brilliant shall use all reasonable endeavours to deliver the Equipment by the time specified in the CUSTOMER SERVICE AGREEMENT (if any) during Standard Hours. The Customer acknowledges and agrees that delivery dates or periods quoted by Brilliant are estimates only, and are subject to timely receipt of all Customer information, other material, and permits from the Customer necessary to allow Brilliant to proceed with the delivery of the Equipment. Brilliant shall not be liable to the Customer in any event for any direct for indirect loss, damage, expense or cost of any nature and howsoever arising, suffered or incurred by the Customer as a result of any delay or failure to deliver the Equipment at the time specified. Risk in the Equipment shall pass to the Customer upon delivery to the Customer in accordance with the CUSTOMER SERVICE AGREEMENT. Title to and ownership of the Equipment shall pass to the Customer upon receipt by Brilliant of payment in full for the
- Equipment Installation. If the Customer has elected Equipment Installation as part of this CUSTOMER SERVICE AGREEMENT, Brilliant will install the Equipment at the Site on the Commissioning Date during Standard The Customer must pay Brilliant for the Equipment and for Equipment Installation in the manner specified in the CUSTOMER SERVICE AGREEMENT (Part G). Any necessary structural alterations to the Site and the provision of 240v mains power connections are not included in the Equipment Installation, and additional charges will apply, unless specified otherwise in the CUSTOMER SERVICE AGREEMENT. If the Equipment Installation has not been achieved within forty-five (45) working days of the estimated installation date due to factors outside the Customer’s control, unless otherwise agreed by the Customer, the Customer may cancel this CUSTOMER SERVICE AGREEMENT without penalty. Following completion of the installation of the Equipment, Brilliant will issue a commissioning certificate to the Customer stating the installation completion date.
- Third Party Software. If the Equipment and/or Security Services include the supply and installation of third party software, the Customer allows Brilliant to act as the Customer’s agent to perform the installation, including the acceptance of any applicable end user licence agreement with such third party. The Customer remains at all times solely liable for compliance with any end user licence agreement required to use the
- Warranty against defects. Brilliant warrants that the Equipment will be free from defects for the Warranty Period and Brilliant will perform all Warranty Work to rectify such defects during the Warranty Period. The Customer shall inspect all Equipment upon delivery, and must, within five (5) business days of delivery, give notice to Brilliant if the Equipment or any part thereof is not in accordance with this CUSTOMER SERVICE AGREEMENT. If the Customer experiences any operational faults or defects in the Equipment during the Warranty Period, the Customer must contact Brilliant as soon as possible to permit Brilliant to carry out the Warranty Work. Any Equipment or part thereof that is proved to be defective will be repaired or replaced by Brilliant at its option, at no cost to the The Customer acknowledges and agrees that the Equipment warranty provided under this CUSTOMER SERVICE AGREEMENT does not cover:
- any defect, fault, damage or malfunction caused by the Customer’s failure to regularly maintain and test the Equipment in accordance with the applicable Australian Standards and the manufacturer’s recommendations;
- fair wear and tear;
- any defect, fault, damage or malfunction caused by the Customer’s negligence, fault, neglect, abuse or incorrect installation, connection or use of the Equipment or as a result of vandalism, fire, water damage, power surge, lightning, electrical storm or any other circumstance outside of Brilliant’s control or that of the manufacturer;
- any defect, fault, damage or malfunction caused by the Customer’s failure to replace consumables required for the use and operation of the Equipment (such as, without limitation, batteries or light bulbs); or
- any actual or attempted unauthorized repair, modification, removal or reinstallation of, interference with or work on, the Equipment by any person, technician, installer or company other than Brilliant Technology Solutions or not Authorised by Brilliant Technology Solutions.
Warranty Work will be performed when reasonably requested by the Customer during Standard Hours unless otherwise agreed. Brilliant will not be liable to the Customer for any claims made for injury, loss or damage to any person, resulting from Brilliant’s failure to provide the Warranty Work if the Customer fails to give Brilliant access to the Site. If, after the expiry of the Warranty Period, the Customer requests (either in person, in writing or via telephone) Brilliant to diagnose and rectify a defect, fault or malfunction in the Equipment, Brilliant may charge the Customer a fee for such diagnosis, rectification or advice at its standard rates published by Brilliant from time to time.
The warranty against defects under this clause is provided in addition to the consumer guarantees that may apply pursuant to clause 6. This warranty is provided by Brilliant Technology Solutions, (ABN 37706533496 ). Registered office: Level 9, 2 Phillip Law Street, Canberra 2601, ACT, Australia. Phone: 1300 646 959. Website: http://www.Brillianttechnology.com.au.
For the avoidance of doubt, this clause 3-5 does not apply to any Pre-Existing Equipment.
6. Equipment returns. To the extent permitted by applicable law, Brilliant reserves the right to decline the return of Equipment, including without limitation, returns for change of mind (except where clause 2 of this CUSTOMER SERVICE AGREEMENT applies).
7. Provision of Security Services. Brilliant will provide the Security Services to the Customer for the Term. Preventative Maintenance Services will be carried out within the Standard Hours. If, at any time during the Initial Term, Brilliant becomes unable to provide the Security Services to the Customer due to reasons or circumstances beyond Brilliant’s control, Brilliant will notify the Customer as soon as reasonably practicable and, at the election of the Customer, either refund any Fees paid for those Security Services which cannot be provided, or terminate this CUSTOMER SERVICE AGREEMENT with immediate effect and waive the payment of any Early Termination Fees (provided that where a Security Service is no longer being provided by Brilliant, that Security Service was elected by the Customer at the time of the Agreement Date). For the avoidance of doubt, the Customer will still be required to pay to Brilliant any Fees due and payable on account of Security Services performed up to the date of the
4. CUSTOMER’S OBLIGATIONS
- Payment. In consideration of Brilliant supplying the Equipment, the Equipment Installation, the Warranty Work and/or Security Services, the Customer shall pay the Fees to Brilliant as specified in this CUSTOMER SERVICE AGREEMENT without any set-off or
- Customer Site.
- Safety. The Customer is liable to ensure the Site will at all times be a safe working environment for Brilliant’s employees, contractors, agents and authorized representatives and (without limitation) does not contain asbestos or similar hazards or any infections or building diseases. The Customer must notify Brilliant in advance of any unsafe condition at the Site that may affect the performance of work at the Site. Brilliant reserves the right to refuse to perform any work at the Site (including without limitation Equipment Installation, Preventative Maintenance, or Warranty Work) without any liability to the Customer, if in Brilliant’s reasonable opinion the Site is not a safe working environment, until such time as the Site has been made safe at the Customer’s cost (including professional removal of all asbestos product from that part of Site where asbestos is present). Any such delay or suspension of the Warranty Work, Equipment Installation and/or Security Services will not constitute a breach of this CUSTOMER SERVICE AGREEMENT and will entitle Brilliant to an extension of time to complete the required The Customer shall not be entitled to claim any liquidated damages (whether liquidated or unliquidated) by reason of such delay or suspension and will be solely liable for any damage, loss or cost incurred or suffered as a result thereof (including without limitation, the failure of fire alarm monitoring equipment, telecommunication carrier lines, power supply, costs relating to Emergency Services charges, or relocation of any equipment).
- Pre-existing utilities. The Customer shall identify and notify Brilliant of, either verbally or in writing, the location of any existing services, concealed pipes, wires and cables for water, gas, electricity, telephone or other services affecting the Site. In the absence of such notice, Brilliant will have no liability to the Customer for any delay, cost, loss or damage arising from the location of such services (including any damage thereto) or any consequence resulting directly or indirectly from such delay, cost, loss or damage (including without limitation, any loss of production, loss of contract, loss of profit or income or any financial loss), and the Customer hereby agrees to indemnify Brilliant and keep Brilliant indemnified against any claim whatsoever for any loss or liability of any nature under this
- Access. The Customer must procure free, continuous and unobstructed access to the Site during Standard Hours to enable Brilliant to provide the Warranty Work, Equipment Installation and/or Security If access is delayed, impeded or interrupted, additional charges may apply and will be payable by the Customer to Brilliant. The Customer shall ensure that its employees, agents, invitees and other contractors shall not interfere with or disrupt, delay or hinder Brilliant, its employees, agents, subcontractors, agents or other persons engaged by Brilliant or prevent them from carrying out their work or cause them to incur additional cost, and reasonably cooperate with Brilliant and its employees, agents and subcontractors.
- Facilities. The Customer shall provide adequate facilities at the Site at no cost to Brilliant, including parking, lavatories, power, lifting equipment, scaffolding, scissor lifts, and rubbish removal
3. Equipment maintenance. The Customer must carry out regular monthly testing of the Equipment and/or Pre-Existing Equipment and its connection, comply with all operating and maintenance instructions and applicable Australian Standards for the Equipment and/or Pre- Existing Equipment, and otherwise do all things reasonably required to maintain the Equipment and/or Pre-Existing Equipment in good working Australian Standards recommend the servicing of Equipment at least once every twelve (12) months in order to maintain it in effective working condition.
4. Equipment operation. The Customer must not place any direct or indirect obstacles in front of the Equipment or Pre-Existing Equipment as such action will either partially or completely restrict the effectiveness of the Equipment or Pre-Existing
5. User training. The Customer must ensure that all of its authorized users have received adequate training in the use of the Equipment and/or Pre-Existing Equipment before its operation and undertake to ensure that any additional authorised users receive similar training and if applicable, to pay Brilliant’s reasonable fees for this The Customer shall promptly arrange for its authorized users to be fully conversant with the procedures contained in any manuals or guides for the Equipment, the Pre-Existing Equipment and the Security
Services, whether or not issued by Brilliant, and undertakes to ensure that additional authorized users are also made fully conversant with these procedures. The Customer will promptly notify Brilliant if the Customer or any of its authorised users have any difficulty in understanding or implementing the provisions contained in any owner’s guide for the Equipment or user guides for the Security Services that may be issued by Brilliant. Without limiting the foregoing, the Customer shall also ensure that all of its authorised users are fully aware of the Monitoring Instructions and the provisions of clause 5 below.
6. Notifications to Brilliant. Without prejudice to any other provision of this CUSTOMER SERVICE AGREEMENT, the Customer must provide Brilliant with all data, documents, specifications and information as may be requested by Brilliant to enable Brilliant to fulfil its obligations under this CUSTOMER SERVICE AGREEMENT and must promptly notify Brilliant in the following cases:
- if any defect, fault or malfunction in the Equipment or Pre-Existing Equipment is discovered at any time during the Term, including during or after testing;
- if the use, characteristics or layout of the Site changes from that existing at the Agreement Date;
- if any line of telecommunication (including without limitation, telephone lines and/or digital mobile communication) is disconnected, severed or disabled for any reason, accidentally, negligently, maliciously or otherwise; or
- if any break-in or attempted break-in occurs the Site.
7. Customer acknowledgments. The Customer acknowledges and agrees that:
- the Fees are based on the value of the Equipment and/or the Security Services and are not related to the value or nature of the Customer’s property or the property of others located on the Site;
- Brilliant is not an insurer and any insurance against loss or damage to property, business interruption and personal injury must be obtained by the Customer at its own cost; the Customer acknowledges and agrees that the Security Services and installation of the Equipment at the Site are not and cannot be guaranteed to deter or prevent unauthorized entry, personal injury or loss or damage at the Site; in addition to effecting and maintaining suitable insurance coverage, it is the Customer’s sole responsibility to exercise at all times all reasonable precautions that can be expected from a prudent and diligent owner, controller, manager or occupier of premises;
- the performance of the Equipment, the Pre-Existing Equipment and/or the Security Services can be affected by equipment and telecommunication services which are provided to the Customer by Carriers or other third party providers. Without limiting any other provision of this CUSTOMER SERVICE AGREEMENT, Brilliant shall have no liability to the Customer for Equipment, Pre-Existing Equipment or Security Services performance issues which are attributable to equipment and/or services not supplied by Brilliant; in particular, the Customer, acknowledges and agrees that Brilliant will not be able to provide the Security Services until such time as the telephone line communication and/or digital mobile communication is restored;
- there are varying levels of line integrity between different Monitoring technologies and the Customer has elected to utilize the technology specified in the CUSTOMER SERVICE AGREEMENT (Part D);
- in respect of digital dialer line based monitoring, Brilliant will not be aware of a communications failure if the telephone line is severed or disabled between Brilliant and the security panel in the Equipment or Pre-Existing Equipment, until the next time the panel is programmed to send a test System Event to Brilliant;
- a “line fail” System Event may indicate malicious damage to the telephone line connecting the Site to Brilliant and may indicate a break-in or other unlawful activity at the Site;
- if a digital dialer is fitted to the Equipment or Pre-Existing Equipment, it is programmed to send regular test System Events to Brilliant’s monitoring centre;
- the Customer is solely liable for the costs and charges of all power, telephone, data usage, connections and any other telecommunications equipment and/or services required for the performance of the Equipment, Pre-Existing Equipment and/or the Security Services;
- the performance of the Equipment, the Pre-Existing Equipment and/or the Security Services may be affected by environmental conditions (separately or in any combination) such as weather (including, without limitation, rain, wind, storms and lightning), temperature, geographical location, humidity, dust, dirt, debris, insects, the presence of pets or other animals; Brilliant is not liable in any way to the Customer for any defect, fault, damage or malfunction of the Equipment, Pre-Existing Equipment or Security Services caused by or contributed to by such environmental conditions;
- the Customer is solely liable for ensuring that its actual or proposed use of Security Services and associated Equipment or Pre- Existing Equipment complies with all applicable laws and regulations, including, without limitation, those pertaining to surveillance and the privacy of individuals in which the monitored premises are located, and if required must ensure it has obtained the consent from all relevant persons, and displayed appropriate notices. The Customer shall indemnify Brilliant and keep Brilliant indemnified at all times against any claim, demand, liability, proceedings, loss, damage, cost or expense by any party arising in any way out of or in connection with any alleged or actual breach of such laws and regulations; and
- the Customer acknowledges and agrees that Equipment and Security Services connected to the internet, third party networks or peripheral devices (such as, without limitation, USB) are at risk of malicious cyber-attacks or malware and must take adequate precautions to minimize these threats and mitigate their consequences; Brilliant shall not be liable in any way to the Customer for any damage, loss or malfunction of the Equipment, Pre-Existing Equipment or Security Services or any other loss, damage, cost or expense directly or indirectly caused or contributed to by such malicious cyber-attacks or
5. SPECIAL CONDITIONS
- Provisions applicable to all Monitoring services and Preventative Maintenance
- The Customer acknowledges that any security system (including any Pre-Existing Equipment and Equipment supplied and/or installed by Brilliant for the purpose of Monitoring) must be Decommissioned upon termination of this CUSTOMER SERVICE AGREEMENT for any reason, otherwise the Customer may continue to incur telephone or telecommunications charges. The Customer acknowledges and agrees that it is the Customer’s sole responsibility to decommission the Equipment or Pre-Existing Equipment and that the cost of Decommissioning is not included in the Fees. Should the Customer request Brilliant to carry out the Decommissioning of the Pre-Existing Equipment or the Equipment, the provisions of clause 7 will
- The Customer acknowledges and agrees that:
- Brilliant will not take any action on receiving a System Event except as specifically and explicitly directed by the Customer in the Monitoring Instructions;
- the Customer is solely responsible to ensure that the Monitoring Instructions to Brilliant are at all times accurate, consistent, current, correct and tailored to suit the Customer’s individual requirements;
- Brilliant will use all due care and skill to comply with the Monitoring Instructions;
- any expenses charged by any Emergency Services notified by Brilliant in accordance with this CUSTOMER SERVICE AGREEMENT must be paid by the Customer (including, without limitation, any false alarm); and
- Emergency Services will not be contacted unless specifically and explicitly directed in the Monitoring Instructions and then only in a manner consistent with prevailing Emergency Services procedures relevant to the location of the Site. The Customer is hereby advised that in some Australian locations, Emergency Services may only attend in limited circumstances which may change from time to time outside of Brilliant’s control. Where the Monitoring Instructions and prevailing Emergency Services protocols conflict, the Emergency Services protocols shall prevail every time, and in such event Brilliant will not be liable in any way to the Customer for failure to comply with the Monitoring Instructions;
- if the Monitoring Instructions contain conflicting or manifestly wrong information or are manifestly inconsistent with the Security Services, the Customer authorizes Brilliant to resolve the conflict, correct the wrong information or inconsistent Monitoring Instructions to the extent possible and such corrected information or instructions shall then constitute the Monitoring Instructions to Brilliant will notify the Customer either in writing or verbally of the corrected information as soon as practicable.
- The Customer acknowledges and agrees that:
2. Provisions applicable to Alarm Response Services
- Alarm Response Services will be dispatched only in accordance with the Monitoring
- Each Alarm Response Service will be charged at the Alarm Response Services Provider’s standard rates for those services at the time of request unless otherwise specified in the CUSTOMER SERVICE AGREEMENT (Part D). Current standard rates are available on request and generally comprise a call out flat fee and a per minute charge rate for attendance at the Site.
- The Alarm Response Officer will, on attendance at the Site in response to a System Event:
- visually inspect all points of entry where access is unhindered;
- visually inspect all glazed areas on ground level where access is unhindered;
- report any observed security breaches to Brilliant;
- implement nominated after hours instructions (if any);
- provide an attendance report to Brilliant; and
- only if the Alarm Response Officer holds keys and codes for the Site, will also if and as directed in the Monitoring Instructions:
- inspect internal alarmed areas;
- re-arm or re-set the alarm panel in the Equipment; and
- if expressly instructed by the NC, use best endeavours to engage a Guard Service to resecure the Site at the Customer’s cost. Placement of a guard will result in a minimum four (4) hour charge at standard rates applicable at the time.
- The Alarm Response Officer will not:
- apprehend offenders where there is a potential safety risk or enter an area of potential risk; or
- in cases where the Alarm Response Officer does not hold keys to the Site; will not enter the Site including entry through secured gates or into areas where access cannot be gained, or re-arm the Equipment or Pre-Existing
- Should the Alarm Response Officer detect a security breach or break and enter the Alarm Response Officer will:
- contact Brilliant with details of the break and enter. Brilliant will attempt to contact a NC to seek instructions;
- conduct a visual check of the break and enter area, if practical, lawful and instructed to do so attempt to secure the crime scene and assist in ensuring potential evidence is not destroyed or compromised; and
- await the attendance of Emergency Services or the NC and not leave until authorized to do so by Brilliant or the NC; and
- take appropriate action to minimize loss and/or damage as per the NC’s instructions and at the Customer’s
- Alarm Response Services are shared with other users and the Customer agrees and acknowledges that exceptionally busy periods and/or unforeseen circumstances may occasionally prevent or delay attendance at a Customer’s
5.3 Provisions applicable to IP Monitoring.
- IP Monitoring is connected to either the Customer’s network or virtual private network. The service meets the requirements of AS 2201.5 Part 3.8 with regards to signalling
- The IP Monitoring Interface sends the Customer’s security data to Brilliant using a network service. Typically this service is delivered using one of the following technologies: ADSL, cable modem, satellite, wireless broadband or frame relay. If the network connection is inoperable, impaired, congested, or if the Customer is in an area with restricted network access, then the data delivery may be affected.
- During installation and Commissioning, all reasonable care will be taken by Brilliant not to affect the overall operability of the Customer’s
- It is the Customer’s responsibility to configure and provide all necessary IP network requirements prior to Brilliant attending the
- If the IP Monitoring Interface is not transmitting any data (e.g. alarm and polling messages) over the primary network for any reason (including congestion or failure of the Customer’s network), the data will only be transmitted if the security system has dual path capabilities and is configured for backup. The security system will not be monitored by Brilliant until at least one communication link has been restored.
- The IP Monitoring Interface is regularly polled by Brilliant to ensure alarm path integrity. If the Customer does not have the required bandwidth available or bandwidth is reduced, the data (e.g. alarm and polling messages) may be delayed or lost.
- The Customer is responsible for all the Telecommunication Network charges (including bandwidth consumption and excess usage charges) associated with the use of IP Monitoring
- Should the Customer make changes to any Telecommunications Network settings which disrupt the IP Monitoring Interface’s data transmission and as a result a technician is required to rectify the Security Services, Brilliant’s standard fees relating to a call out will apply and are payable by the Customer in addition to the
- In the unlikely event of the IP Monitoring Interface affecting the Customer’s Telecommunications Network, which may share the same network as other services, Brilliant is not liable for any loss or damage, including consequential losses, caused by any Telecommunications Network failure, corruption, or
5.4 Provisions applicable to Wireless Alarm Monitoring
- If the Customer has elected Wireless Alarm Monitoring (CUSTOMER SERVICE AGREEMENT Part D), Brilliant will provide the Security Services via a cellular mobile Telecommunications
- The Customer acknowledges that the provision of Wireless Alarm Monitoring by Brilliant may be interrupted and may not be error
- Brilliant shall not be liable for any loss or damage sustained or incurred by the Customer in the course of Brilliant providing the Wireless Alarm Monitoring as a result of or in relation to the failure to receive or transmit any data or the receipt or transmission of incorrect
data relating to or resulting from, whether directly or indirectly, any defect, limitation, error or malfunction in the Telecommunications Network.
- The Customer agrees to use the SIM Card(s) provided by Brilliant, unless otherwise agreed by
- The Customer acknowledges that the SIM Card(s) provided as part of the Wireless Alarm Monitoring will at all times remain the sole property of Brilliant, and that nothing in this CUSTOMER SERVICE AGREEMENT shall confer upon the Customer any right of property or interest in, or title to, the SIM Card(s) and that Brilliant will cancel the SIM Card(s) in the event that the Equipment or Pre-Existing Equipment is Decommissioned for any
5.5 Provisions applicable to Smoke Alarm Services
Where the Customer has elected Smoke Alarm Services (CUSTOMER SERVICE AGREEMENT Part D), and a smoke detector alarm System Event is received, subject to clause 5.1(b) Brilliant will use reasonable endeavours to contact the fire brigade if the Customer has specifically and explicitly requested such Emergency Services procedures as part of the Monitoring Instructions.
The Customer acknowledges that smoke detector devices:
- are intended only to provide an early warning system in the event of fire or smoke;
- are not intended for the purposes contemplated by, and do not comply with, AS1670.1-2004 Fire Detection, Warning Control and Intercom Systems, the Building Code of Australia and applicable legislation and Australian standards relating to fire alarm equipment and installation;
- must be serviced in accordance with the manufacturer’s specifications, and that it is solely the responsibility of the Customer to arrange such servicing. Brilliant, on the written request of the Customer, can arrange servicing of the smoke detection equipment for an additional fee payable by the Customer; and
- are not lifesaving equipment and must not be relied on by the Customer for the purposes of meeting any obligation under any Commonwealth or State legislation, Australian standards, local regulations or the Building Code of Australia or for insurance purposes.
5.6 Provisions applicable to Duress Alarm Service
If Duress Alarms Service (CUSTOMER SERVICE AGREEMENT Part D) are selected by the Customer, the Customer acknowledges and agrees that a duress System Event will not result in automatic notification to Emergency Services or their attendance at the Site.
5.7 Provisions applicable to GPS Location Monitoring Services
If GPS Location Monitoring (CUSTOMER SERVICE AGREEMENT Part D) is selected by the Customer:
- GPS Location Monitoring uses the Global Positioning System space-based navigation system to locate the Customer and a telecommunications network to transmit the System Events to Brilliant’s monitoring
- The Customer acknowledges that the provision of GPS Location Monitoring by Brilliant may be interrupted and may not be error
- Brilliant shall not be liable for any loss or damage sustained or incurred by the Customer in the course of Brilliant providing the GPS Location Monitoring as a result of or in relation to the failure to receive or transmit any data or the receipt or transmission of incorrect data relating to or resulting from, whether directly or indirectly, any defect, limitation, error or malfunction in the Telecommunications Network.
5.8 Provisions applicable to Interactive Services
If the Interactive Services (CUSTOMER SERVICE AGREEMENT Part D) are selected by the Customer:
- the Customer acknowledges that the Interactive Services require the installation and/or activation of compatible Brilliant Equipment and:
- to access the Interactive Services via the Brilliant App, a compatible smart phone or tablet with internet and e-mail access; and/or
- to access the Interactive Services via the web portal, a compatible computer, smart phone or tablet with internet and e-mail access.
- The Customer acknowledges and agrees that if enabled by the Customer, the Interactive Services may use location-based services to locate the
- If the Interactive Services include video cameras, the video images and video clips captured by such cameras may only be viewed by the Customer for a limited time, based on the quantity of storage ordered by the
- The Customer acknowledges and agrees that Brilliant may use the services of third party providers to deliver part or all of the Interactive These providers may store the video images and video clips captured by the compatible Equipment on their own servers and in their data centres.
- The Customer acknowledges and agrees that the quality of video images and video clips may be affected by, without limitation, lighting conditions and bandwidth limitations and may not be clear at all
- The Customer acknowledges that the video images and video clips captured, may be interrupted and not available at certain times due errors or malfunctions in the Customer’s Home Network or Telecommunication Network.
- The Customer acknowledges that video images and video clips will not be viewed by or visible to Brilliant’s operators and that they will not use video captured by the system to verify the nature of site generated
- The Customer hereby acknowledges and agrees that Brilliant shall in no event be liable for any claim, injury, loss, cost, expense or damage sustained or incurred by the Customer or any third party arising directly or indirectly out of or in connection with any defect, limitation, error or malfunction in the Telecommunication Network in the course of Brilliant providing the Interactive
6. WARRANTY – CONSUMER ONLY
- This clause 6 only applies if the Customer is a consumer for the purposes of the Competition and Consumer Act 2010 (Cth).
- Nothing in this CUSTOMER SERVICE AGREEMENT limits or excludes the application of the Competition and Consumer Act 2010 (Cth) including the Australian Consumer Law. If the Customer is a “consumer” as defined in the Australian Consumer Law, the consumer guarantees under the Australian Consumer Law apply in addition to other rights and remedies of the consumer under applicable laws relating to the Equipment or Security Services and prevail over the provisions of clauses 3.5 and 3.6 to the extent of any
Brilliant’s goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, the Customer is entitled:
- to cancel the agreement with Brilliant; and
- to a refund for the unused portion, or to compensation for its reduced
- The Customer is also entitled to choose a refund or replacement for a major failure with goods. If a failure with the goods or a service does not amount to a major failure, the Customer is entitled to have the failure rectified in a reasonable time. If this is not done the Customer is entitled to a refund for the goods and to cancel the agreement for the service and obtain a refund of any unused portion. The Customer is also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or
- Where a failure occurs under clause 6.2 or 6.3, the Customer is entitled to submit a warranty claim by notifying Brilliant (verbally or in writing) as soon as possible. The costs of return of any Equipment (including postage and packaging) will be at the Customer’s expense, unless they are significant. When returning the Equipment, the Customer must ensure it is properly packaged so that no damage occurs during transit, include the original or a copy of the proof of purchase and, where possible, an explanation of the problem. Where Brilliant repairs the Equipment pursuant to clause 6.2 or 3:
- Equipment presented for repair may be replaced by refurbished goods of the same type rather than being Refurbished parts may be used to repair the goods; and
- if the Equipment is capable of retaining user-generated data, the repair of the Equipment may result in the loss of the
- If the Customer requests Brilliant to provide Additional Services, the terms of the CUSTOMER SERVICE AGREEMENT will apply to the Additional Services and the Customer must pay for the Additional Services at the following rate(s):
- if Brilliant has quoted an amount before providing the Additional Services, the amount quoted; and
- if Brilliant has not given any quote, an amount calculated at Brilliant’s standard rates for such Additional Services applicable at that time.
- Brilliant will provide an estimated time to complete the Additional Services based on the description of the likely Additional Services that will be
- Any variations to the Equipment and/or Security Services required by the Customer must be agreed in writing by both parties prior to becoming
- All additional costs arising from clause 7.1 above and any alteration to the specifications required by the Customer including any interruption or delays by the Customer, its employees, contractors, agents, invitees or any other trades or third parties not within the control of Brilliant during the course of work performed may result in additional charges including the reasonable costs of
- In the event that Brilliant has agreed to deliver the Security Services by a date agreed between the parties and such delivery is delayed by the occurrence of an event as described in clause 15 or by any third party, or the Customer or its employees, contractors, agents or invitees, Brilliant shall be entitled to a reasonable extension of time to complete the Security Services and compensation for all additional costs reasonably
8. INTELLECTUAL PROPERTY
- In this clause, “Intellectual Property Rights” means all current and future registered and unregistered rights in respect of copyright, designs, software, domain names, circuit layouts, trade names, trademarks, trade secrets, know-how, confidential information, patents, inventions and discoveries and all other intellectual property as defined in article 2 of the Convention Establishing the World Intellectual Property Organisation 1967 (as amended from time to time) subsisting anywhere in the world in respect of the Equipment, the Security Services and any documentation, record or material in any form or media (whether tangible or tangible) prepared or provided by Brilliant under this CUSTOMER SERVICE AGREEMENT, and applications for any of the
- Brilliant retains all rights, title and interest subsisting in the Intellectual Property Rights. Brilliant grants to the Customer a royalty-free, non- exclusive, non-transferrable, revocable licence to use the Intellectual Property Rights to the extent necessary for the purpose of using the Equipment and/or the Security Services in Australia in accordance with the CUSTOMER SERVICE AGREEMENT. The Customer must not in any way modify, adapt or reverse-engineer the Equipment and/or the Security
9. CREDIT INFORMATION
- Without limiting clause 10, if the Customer has applied to Brilliant for credit, the Customer acknowledges and agrees that for purposes of this CUSTOMER SERVICE AGREEMENT, Brilliant may collect, use, store, give, obtain and exchange personal information about the Customer’s creditworthiness, credit history or credit capacity on terms which attract the operation of the Privacy Act 1988 (Cth), and authorises Brilliant to do so in accordance with Brilliant’s privacy
- If at any time during the Term, Brilliant assesses the Customer’s creditworthiness under this clause 9 and determines in its absolute discretion that there are reasonable grounds for believing the Customer will be or become unable to pay the Fees due under this CUSTOMER SERVICE AGREEMENT, Brilliant may terminate this CUSTOMER SERVICE AGREEMENT with immediate effect by written notice to the
- If the Customer does not provide Brilliant with the personal information requested, it will affect or prevent Brilliant’s ability to effectively provide the Customer with the Security Services, and Brilliant may elect to terminate the CUSTOMER SERVICE AGREEMENT immediately without further liability to the Customer. The Customer must actively cooperate with Brilliant to ensure that all personal information of the Customer held by Brilliant is accurate, up-to-date, complete, relevant and not
- By entering into this CUSTOMER SERVICE AGREEMENT, the Customer agrees and acknowledges that Brilliant may:
- forward to the Customer from time to time promotional material and information regarding any of its security goods and services, unless the Customer requests Brilliant (either by phone, e-mail, letter or facsimile) to stop using the Customer’s personal information for the purpose of direct marketing; and
- disclose the Customer’s personal information to other organisations (including without limitation, Related Bodies Corporate, Emergency Services, service providers and government bodies and entities) that assist Brilliant in the provision of the Security Services.
- If the Customer has provided Brilliant with personal information about another person (including any of the Customer’s Nominated Contacts), the Customer must inform that person that personal information has been supplied to Brilliant, the reason why it has been supplied and that they can contact Brilliant to obtain access to or update or correct their personal
11. FEES AND PAYMENT
- Unless otherwise agreed in writing, a quotation provided by Brilliant shall remain valid for acceptance up to thirty (30) days from the quotation
- The Customer must pay all Fees to Brilliant without set-off or deduction in the manner and at the times specified in the CUSTOMER SERVICE AGREEMENT (Part G). The Monitoring Fees and the Equipment Fees are fixed for the Initial
- Monitoring Fees are paid by equal monthly or quarterly instalments or annually in advance; the first payment is due on the Agreement Date and if paid in instalments, thereafter on the same date each relevant cycle, until the Fees are paid in
- Equipment Fees are paid in full on the Agreement Date, or by way of a Payment Plan. When a Payment Plan is selected, a deposit at the time of installation is optional. The full amount or the balance will be divided by the number of months selected for the Payment Plan as specified in the CUSTOMER SERVICE AGREEMENT (Part E) and billed each month following the Agreement Date until paid in
- Fees for Alarm Response and Guard Fees, if applicable, are invoiced to the Customer at the applicable rates prevailing at the time of provision of those Security Services. Such fees are payable within fourteen (14) days of invoice date. Indicative rates for these services are available by calling Brilliant on 1300 124
- Fees for Preventative Maintenance, if elected by the Customer at the time of the Agreement Date, are fixed for the Initial Term. Fees for such services are paid by equal monthly instalments in advance, the first of which is payable on the Agreement Date and thereafter as per the monitoring and equipment cycle as specified in the CUSTOMER SERVICE AGREEMENT (Part D) on the same date as the Agreement Date until the Fees are paid in
- If the Customer has elected to pay any part or the whole of the Fees to Brilliant by direct debit of the Customer’s bank account, the Customer undertakes to promptly sign a direct debit authority and deliver the signed authority to Brilliant to give effect to this undertaking. The Customer agrees and acknowledges that the Direct Debit Contract applies to the Customer’s direct debit payments of those Fees. If the Customer fails to make a payment for any Security Service required to be made under this CUSTOMER SERVICE AGREEMENT, the Customer authorises Brilliant to deduct from the Customer’s account on the next day that a payment is due, an amount equal to all amounts then outstanding and due and payable to
- Should the Customer fail to pay the Fees when or before they become due in accordance with this CUSTOMER SERVICE AGREEMENT, Brilliant shall have the right to charge interest on the outstanding amount at the current Westpac Unsecured Personal Loan Rate applied on outstanding amounts calculated daily from the due date and until all outstanding amounts are received by Brilliant in full. The Customer will also be liable for the payment all expenses that are reasonably incurred by Brilliant in the recovery of any payment, including debt collection agency fees and legal costs incurred in the enforcement of payment on a solicitor and own client
- Payment of the Fees by the Customer in accordance with the CUSTOMER SERVICE AGREEMENT is a fundamental term of this CUSTOMER SERVICE AGREEMENT. To the full extent permitted by law, without prejudice to its rights under clause 2, Brilliant may also suspend the provision of the Security Services, until payment is received in clear funds.
- The Fees may be adjusted annually (after the Initial Term) to take into account any changes in the national consumer price index and any increase/fall in costs. Any increase in Fees will be notified to the Customer in writing at least thirty (30) days prior to such increase becoming effective and the Customer may elect to terminate this CUSTOMER SERVICE AGREEMENT upon fourteen (14) days written notice prior to the increase becoming
- All Fees include GST unless otherwise
- Nothing in this CUSTOMER SERVICE AGREEMENT is intended to exclude, restrict or modify the application of the provisions of any statute (including the Competition and Consumer Act 2010 (Cth)) where to do so would contravene that statute or cause any part of this CUSTOMER SERVICE AGREEMENT to be
- To the full extent permitted by law and subject to the consumer guarantees and other provisions of the Australian Consumer Law (if applicable), the Customer acknowledges and agrees that Brilliant will have no liability for any statements, representations, guarantees, conditions or warranties that are not expressly contained in this CUSTOMER SERVICE AGREEMENT.
- To the full extent permitted by law, where Brilliant breaches its obligations under this CUSTOMER SERVICE AGREEMENT, Brilliant shall at its election:
- re-supply the Equipment or Security Services; or
- refund to the Customer the Fees paid for Security Services not performed or performed incorrectly; or
- pay to have the Security Services supplied again or for the replacement, repair or repayment of the Equipment, up to a maximum total value of the Fees paid by the Customer under this CUSTOMER SERVICE AGREEMENT.
- To the full extent permitted by law, the Customer agrees that any liability of Brilliant under this CUSTOMER SERVICE AGREEMENT will be reduced to the extent that any non-performance, defective performance, loss, damage or expense was caused or contributed to by the Customer or a third party including through breach of this CUSTOMER SERVICE AGREEMENT, negligence, fault, lack of care or through any other act or omission of the Customer, its employees, subcontractors and agents or a third party and, in any event, Brilliant’s total aggregate liability to the Customer under this CUSTOMER SERVICE AGREEMENT, whether in contract, tort (including negligence), by way of indemnity or otherwise, will be limited to a maximum amount of four (4) times the total value of payments received by Brilliant from the Customer under this CUSTOMER SERVICE AGREEMENT in the last twelve (12) months immediately before the liability arose.
- The Customer acknowledges and agrees that it is reasonable for Brilliant to limit its liability under this CUSTOMER SERVICE AGREEMENT and that the Fees charged by Brilliant are based solely on the value of the Security Services and/or Equipment
- Termination by the Customer
- The Customer may terminate this CUSTOMER SERVICE AGREEMENT without cause:
- at any time and without Early Termination Fees during the Cooling Off Period in accordance with clause 2;
- at any time during the Initial Term by giving Brilliant one (1) month’s prior written notice, and subject to the payment of the Early Termination Fees to Brilliant; or
- after the Initial Term has expired, at any time and without Early Termination Fees by giving Brilliant thirty (30) days prior written notice.
- The Customer may terminate this CUSTOMER SERVICE AGREEMENT for cause:
- immediately and without Early Termination Fees, if Brilliant has committed a substantial breach of its obligations under the CUSTOMER SERVICE AGREEMENT and Brilliant has not commenced rectification within thirty (30) days of notification in writing to Brilliant, provided always that all outstanding amounts due by the Customer under this CUSTOMER SERVICE AGREEMENT which remain unpaid to Brilliant, if any, become immediately due and payable on the date of termination;
- with immediate effect in the event Brilliant becomes insolvent, bankrupt or enters into a scheme of arrangement with creditors;
- without Early Termination Fees, in accordance with clause 15; or
- as otherwise provided in the CUSTOMER SERVICE AGREEMENT.
- The Customer may terminate this CUSTOMER SERVICE AGREEMENT without cause:
- Termination by Brilliant
- Brilliant may terminate this CUSTOMER SERVICE AGREEMENT without cause at any time by giving the Customer sixty (60) days prior notice in
- Brilliant may terminate the CUSTOMER SERVICE AGREEMENT for cause:
- without charging an Early Termination Fees, in accordance with clause 15;
- if the Customer is in breach of a payment obligation under this CUSTOMER SERVICE AGREEMENT, and the breach is not rectified within thirty (30) days of notification; for purposes of this sub-clause, the first reminder correspondence from Brilliant to the Customer will be deemed notice to the Customer to rectify the payment breach within thirty (30) days;
- any breach (other than failure to pay) by the Customer in respect of any provision of this CUSTOMER SERVICE AGREEMENT which is not rectified within thirty
(30) days of notification by Brilliant, will entitle Brilliant to terminate this CUSTOMER SERVICE AGREEMENT for breach, and to charge Early Termination Fees;
- with immediate effect in the event the Customer becomes insolvent, bankrupt or enters into a scheme of arrangement with creditors; or
- as otherwise provided in the CUSTOMER SERVICE AGREEMENT.
- For the avoidance of doubt, termination under this clause shall be without prejudice to any rights that may have accrued for either of the parties before termination and all sums due under this CUSTOMER SERVICE AGREEMENT shall become payable in full when termination takes
14. COMPLAINTS AND DISPUTES
- Complaints – Billing and payment
If the Customer has a complaint about an invoice or payment, the Customer may contact Brilliant by calling 1300 124 822 (Option 3)and Brilliant will endeavour to resolve the Customer’s complaint within three (3) working days. If the Customer is not satisfied with the resolution, or if Brilliant has not resolved the Customer’s complaint within that time, the Customer may escalate the complaint by calling 1300 124 822 and Brilliant customer service will either resolve or escalate the complaint for resolution by a supervisor.
14.2 Complaints – General
If the Customer has a complaint about the Security Services or the Equipment (except for billing and payment disputes), the Customer may contact Brilliant by calling 1300 124 822 and Brilliant will endeavour to resolve the complaint within five (5) working days. If the Customer is not satisfied with the resolution, or if Brilliant has not resolved the Customer’s complaint within that time, the Customer may escalate the complaint by calling 1300 124 822 and requesting to speak with a supervisor.
15. FORCE MAJEURE
15.1 Neither party will be in breach of this CUSTOMER SERVICE AGREEMENT or be liable to the other party if it fails to perform or delays in the performance of an obligation as a result of an event beyond its reasonable control, including but not limited to electrical shortages, telecommunication outages, power failure, computer failure, strikes, industrial disputes, earthquake, volcanic eruption, fire (including bushfire), flood, tidal wave, lightning strike, storm, cyclone, hurricane, act of God, war (including civil war), insurrection, vandalism, sabotage, invasion, riot, national emergency, piracy, hijack, acts of terrorism, embargoes, blockades or restraints, extreme weather or traffic conditions, temporary closure of roads, legislation, regulation, order or other act of any government or governmental agency. If such event continues for more than sixty
(60) days, either party may terminate the CUSTOMER SERVICE AGREEMENT by giving fourteen (14) days’ prior written notice to the other party.
16. NBN TRANSITION
- Without limiting other provisions therein, where the Customer is not using the NBN at the date of this CUSTOMER SERVICE AGREEMENT, the Customer must inform Brilliant as soon as possible:
- if the Customer decides to use the NBN to enable the connection of the Equipment of Pre-Existing Equipment; or
- if the NBN is installed at the Site, at any time during the
- The Customer must also inform its Carrier of the existence of Security Services at the
- In the event of 16.1(a) or 16.1(b) occurring, the Customer agrees and acknowledges that:
- Brilliant may need to attend the Site to ensure compatibility of the Customer’s security system with the NBN and that the Equipment and/or Pre-Existing Equipment are properly connected to enable the provision of the Security Services; such visit will be charged to the Customer and Brilliant will advise the cost of the visit prior to attendance; and
- the Customer may be required to procure additional equipment from the Carrier and/or Brilliant as a result, at the Customer’s
- The Customer acknowledges that compliance with the obligations contained in this clause is essential to ensure that the performance of the Security Services is not disrupted. For the avoidance of doubt, Brilliant will not be liable for any disruption to the Security Services (including any failure to provide the Security Services or defect in the Security Services) where any such disruption is caused or contributed to by the Customer’s non-compliance with this clause
17. GENERAL PROVISIONS
- If the Customer purports to cancel any order, contract or this CUSTOMER SERVICE AGREEMENT, including prior to the completion of the Initial Term, Early Termination Fees may apply. Please refer to clause 13.1 above and to the definition of Early Termination Fees in the Keywords section of the CUSTOMER SERVICE AGREEMENT.
- The Customer must not assign or novate its interests in this CUSTOMER SERVICE AGREEMENT without Brilliant’s prior written consent, which may be withheld at Brilliant’s discretion. Brilliant may at any time assign or novate any part of its rights and obligations under this CUSTOMER SERVICE AGREEMENT to a reputable and competent organisation (including a Related Body Corporate) without the Customer’s consent. Brilliant may subcontract its rights and obligations under this CUSTOMER SERVICE AGREEMENT without
- This CUSTOMER SERVICE AGREEMENT shall be subject to the laws of New South Wales and each party submits to the exclusive jurisdiction of the courts of New South Wales.
- This CUSTOMER SERVICE AGREEMENT constitutes the entire agreement between the parties and supersedes all prior representations, contracts, statements and understandings, whether verbal or in writing. All other terms and conditions are excluded to the fullest extent permitted by law including any terms and conditions which the Customer may seek to impose. The terms, provisions and conditions of this CUSTOMER SERVICE AGREEMENT may only be varied by an agreement in writing signed by both
- No right under this CUSTOMER SERVICE AGREEMENT will be deemed to be waived except by notice in writing signed by each party and any failure or delay by Brilliant to enforce any clause of this CUSTOMER SERVICE AGREEMENT will not be construed as a waiver of Brilliant’s rights under this CUSTOMER SERVICE AGREEMENT.
- The CUSTOMER SERVICE AGREEMENT is entered into subject to satisfactory credit approval of the Customer by
- Any provision of this CUSTOMER SERVICE AGREEMENT that is illegal, void or unenforceable will not form part of this CUSTOMER SERVICE AGREEMENT to the extent of that illegality, voidness or unenforceability. The remaining provisions of this CUSTOMER SERVICE AGREEMENT will not be invalidated by an illegal, void or unenforceable
- The section headings in this CUSTOMER SERVICE AGREEMENT are used for convenience only, are not substantive, and shall not be interpreted to define, describe, or otherwise limit the interpretation of the provision under the section headings or of the CUSTOMER SERVICE AGREEMENT as a
- Either party may give the other notice under this CUSTOMER SERVICE AGREEMENT by letter, e-mail or facsimile, addressed in the case of a letter at the address last known to the party giving the notice and otherwise as advised by each party to the other from time to time, and any such notice will be considered given when the letter, e-mail or facsimile would have been delivered in the ordinary course of post or
- If there is an inconsistency between the documents forming the CUSTOMER SERVICE AGREEMENT, specific requirements will prevail over general
BRILLIANT TECHNOLOGY SOLUTIONS CUSTOMER SERVICE AGREEMENT KEYWORDS
Any additional Equipment and/or Security Services requested by the Customer and not previously elected by the Customer in the CUSTOMER SERVICE AGREEMENT.
The date on which the Customer accepts the invoice. Billing under the CUSTOMER SERVICE AGREEMENT will begin on the Commissioning Date or upon the Security Services becoming effective, or where a Cooling Off Period applies, at the end of the Cooling Off Period, whichever is the later.
Alarm Response Fees
The fees charged for and on behalf of the Alarm Response Service Provider and payable by the Customer within fourteen (14) days.
Alarm Response Officer
Means an agent or employee of the Alarm Response Service Provider.
Alarm Response Service
The attendance of an Alarm Response Officer at the Site if requested by the Customer under the Monitoring Instructions, as soon as practicable during Alarm Response hours. Such hours as applicable in the area where the Site is located may be confirmed by contacting Brilliant. Minimum response times are set out in Australian Standard AS4421-1996. The availability of this service is not guaranteed at the time of a System Event.
Alarm Response Service Provider
Means Brilliant’s preferred provider to undertake the Alarm Response Service unless otherwise nominated by the Customer on the Monitoring Instructions. Brilliant does not guarantee the attendance of any Alarm Response Service Provider.
The supplier or suppliers engaged directly by the Customer to provide telecommunications at the Site that enable the Security Services to be provided to the Customer by Brilliant.
Brilliant Technology Solutions ABN 37706533496 . Registered office: Level 9, 2 Phillip Law Street, Canberra ACT 2601 Australia. Tel: 1300 646 959 www.brillianttechnology.com.au. Brilliant includes its employees, contractors, agents and authorized representatives acting in the course of their work employment or authorized work.
Software applications downloaded on the Customer’s compatible mobile device to use and control the Interactive Services. Example but not limited to: iFob Control, Alarm.COM, Hik-connect, DMSS, Micron IP Viewer, Pocket Secure and any other app recommended by Brilliant to use your security system.
Commissioning / Commissioned
The enabling of the Equipment or Pre-Existing Equipment to ensure that a System Event is transmitted from the Equipment or Pre-Existing Equipment to a receiver.
The date that the Equipment or Pre-Existing Equipment is Commissioned.
Cooling Off Period
Where this CUSTOMER SERVICE AGREEMENT is subject to unsolicited consumer agreement legislation, a ten (10) business day cooling off period applies.
The person or persons or legal entity named in the Customer Service Agreement (CUSTOMER SERVICE AGREEMENT) Part A.
CUSTOMER SERVICE AGREEMENT
The Customer Service Agreement which comprises these standard terms and conditions, the Keywords, and all parts of the Customer Service Agreement.
Decommissioning / Decommissioned
The disabling of the Equipment or Pre-Existing Equipment required to ensure no further System Event is transmitted from the Equipment or Pre- Existing Equipment to a receiver.
The one-off fee payable by the Customer to enable Brilliant to decommission the Equipment or Pre-Existing Equipment on the expiry or termination of the CUSTOMER SERVICE AGREEMENT.
Direct Debit Contract
The direct debit arrangement in the CUSTOMER SERVICE AGREEMENT (Part F).
Duress Alarm Service
Monitoring of System Events activated by the Customer pressing the duress button on the Equipment for medical duress and panic duress (including hold-up alarms).
Early Termination Fees
The Customer will be charged 100% of the balance of the Fees (for Equipment and Services) payable for the remaining Initial Term, or, if the Initial Term has expired, for the remaining period.
- if the Customer was on a 24-month plan and terminates the CUSTOMER SERVICE AGREEMENT in month 11, the Fees for the remaining 13 months of the Initial Term are payable as a result of the termination;
(b) if the Initial Term has expired and the Customer terminates at day 10 of a 1-month period, the Fees for the remaining 20 days are payable as a result of the termination (and will be retained by Brilliant if the Customer pays the Fees monthly in advance).
The providers of emergency services, including without limitation, ambulance, fire brigade, and/or police.
The items and products listed in the CUSTOMER SERVICE AGREEMENT (Part C) which the Customer purchased for installation by Brilliant at the Site. Pre-Existing Equipment means equipment previously supplied and installed at the Site before the commencement of the CUSTOMER SERVICE AGREEMENT.
The fees for the purchase of the Equipment and for Equipment Installation, if elected by the Customer, as set out in the CUSTOMER SERVICE AGREEMENT (Part C).
The installation and Commissioning of the Equipment at the Site.
The fees for the Security Services which comprise:
- Monitoring Fees
- Equipment Fees, if applicable
- Alarm Response Fees, if applicable
- Guard Service Fees, if applicable; and
- Fees applicable for any other Security Service, Additional Service or as otherwise provided in the CUSTOMER SERVICE AGREEMENT.
GPS Location Monitoring
Monitoring of the Customer’s location using the GPS (Global Positioning System), a radio based navigation system that allows users with an unobstructed view of multiple satellites to determine their location anywhere in the world.
Any tax in the nature of a tax on or on the supply of goods, real property, services, or other things (or similar tax) levied, imposed or assessed by the Commonwealth of Australia or any State or Territory of Australia, which may operate at any time during the validity of this CUSTOMER SERVICE AGREEMENT, other than any interest, fine, penalty, fee or other payment imposed on or in respect of such tax.
The attendance of a security officer to guard the Site until such time as the Customer’s Nominated Contact (NC) makes other arrangements. This is an ad-hoc service provided to the Customer if instructed to do so by the NC or as part of the Monitoring Instructions. This service is additional to the Alarm Response Service and attracts separate and additional Guard Service Fees.
Guard Service Fees
The fees charged by the Guard Service provider for the Guard Service and payable by the Customer. The Guard Service provider will be either Brilliant’s preferred provider for Guard Services, or the provider otherwise designated by the Customer in the Monitoring Instructions or by the NC, as applicable.
A home network is a type of local area network with the purpose to facilitate communication among digital devices present inside or within the close vicinity of a home.
The period of one (1), twelve (12), twenty-four (24) or thirty-six (36) month(s) from the Agreement Date (as elected by the Customer in the CUSTOMER SERVICE AGREEMENT).
A service where the Customer can remotely control and view their compatible Brilliant Equipment using a compatible device connected to the internet. With this service, video images from the Security Equipment will be visible by the Customer; they will not be actioned by the monitoring centre.
Means the signal transmission medium is via the Customer’s internet connection.
IP Monitoring Interface
The device that enables the Customer’s security system to transmit via the Customer’s internet connection for purposes of IP Monitoring.
The service of monitoring and actioning System Events received from the Equipment and/or the Pre-Existing Equipment as soon as practicable in accordance with the Monitoring Instructions and Australian Standard AS2201.2.
The fees for Monitoring payable by the Customer to Brilliant in accordance with this CUSTOMER SERVICE AGREEMENT.
Detailed written instructions from the Customer regarding its requirements for the provision and timing of the Security Services. The initial Monitoring Instructions must be set out in the CUSTOMER SERVICE AGREEMENT (Part E) and are the procedures to be followed by Brilliant in the event of a System Event. The Customer may alter or update its Monitoring Instructions at any time during the Term of the CUSTOMER SERVICE AGREEMENT by notifying Brilliant by phone, e-mail, facsimile or letter. The updated Monitoring Instructions will then become effective and supersede the initial or previous Monitoring Instructions upon twenty-four (24) hours of receipt by Brilliant.
Means the National Broadband Network, the fibre network being designed, constructed, implemented and/or operated by or on behalf of NBN Co Limited (ABN 86 136 533 741) and its related body corporates, officers, employees, agents and contractors, and includes any other network, systems, equipment and facilities used by NBN Co Limited in connection with the supply of its services.
Nominated Contact (NC)
The person or persons the Customer nominates as its authorized representative(s) for the purposes of the Monitoring Instructions, and who Brilliant may contact in respect to its provision of the Security Services. The Customer warrants and represents to Brilliant that the NC has been granted full authority by the Customer to act for and on behalf of the Customer as the Customer’s agent. Instructions given by the NC will be deemed to be instructions given by the Customer and will bind the Customer accordingly. It is the Customer’s sole responsibility to ensure that the NC is duly authorized, able and willing to act as the Customer’s agent under the CUSTOMER SERVICE AGREEMENT and that the NC details are up to date at all times during the Term of the CUSTOMER SERVICE AGREEMENT.
A payment plan is the breakdown of the costs of equipment and monitoring into equal monthly instalments over a fixed period as determined by the Customer. Multiple term options are available to Customers including 1, 12, 24 and 36 month terms.
Inspection and operational testing of the Equipment and/or Pre-Existing Equipment up to the number of times specified in the CUSTOMER SERVICE AGREEMENT (Part C) in any twelve (12) or twenty-four (24) month period to ascertain whether the Equipment and/or Pre-Existing Equipment is in proper working order.
Related Body Corporate
Has the meaning assigned to this term in s50 of the Corporations Act 2001 (Cth).
Means one or more of the following:
- Alarm Response;
- Dialler Monitoring;
- Duress Alarm Service;
- Equipment supply
- Equipment Installation (including Commissioning)
- GPS Location Monitoring;
- Guard Service;
- Interactive Services;
- IP Monitoring;
- Preventative Maintenance;
- Smoke Alarm Services; and/or
- Wireless Alarm Monitoring,
as selected by the Customer in the CUSTOMER SERVICE AGREEMENT and/or Additional Service:
The location specified in the CUSTOMER SERVICE AGREEMENT (Part B) as the installation site or premises to be monitored.
Smoke Alarm Services
Monitoring of System Events relating to smoke detection.
- Monitoring: 24 hours a day, 7 days a week
- Additional Services, Commissioning, Decommissioning, Equipment Installation, Preventative Maintenance, Warranty Work: Monday to Friday excluding public holidays, from 08:30 to 18.00 in the State or Territory where the Site is located, subject to alteration by Brilliant from time to time at its
The indication of an alarm event received by Brilliant from the Equipment or Pre-Existing Equipment at the Site. This includes, without limitation, intruder alerts, and fault and reporting signals (including fault signals, timer tests and low battery alerts).
Means the signal transmission medium nominated by the Customer for the alarm system connected at the Site.
The Initial Term together with any renewal period under clause 1.
Twelve (12) months commencing on the Commissioning Date. The Warranty Period does not apply to Pre-Existing Equipment. The Warranty might be terminated if any technician, supplier or installer carried out any type of work with the system and not authorized by Brilliant.
The work required to be done to repair an inherent defect affecting the functionality of the Equipment but excludes (i) any work required to be done to repair the Equipment which is caused by the Customer’s neglect, abuse or incorrect use or caused by circumstances beyond Brilliant’s control or the control of the manufacturer of the Equipment, including without limitation vandalism, fire, water damage, power surge or other event described in clause 15 and (ii) any work required in relation to Pre-Existing Equipment.
Wireless Alarm Monitoring
Monitoring which utilises a cellular mobile telecommunication network such as GPRS, 2G, 3G, 4G or GSM for communications between the monitored Site and the monitoring centre.