Terms of Service - Queensland Safety & Compliance Services
Introduction to Us and our Services
Thank you for using Detector Inspector for your owned property or properties (“Property”).
Please read these terms (“Terms”) including the Schedule carefully as they apply to our provision to you of ongoing safety and compliance services, including smoke alarm safety and compliance services and, where applicable, other services that we provide from time to time at your Property (each a “Service”, collectively “Services”). Each Service is provided on specific terms and conditions relevant to that Service (“Service Terms”) as set out in the Schedule. Not all Services are available in all Australian states. To the extent of any inconsistency between these Terms and any Service Terms, these Terms prevail. By accepting any or part of our Services you acknowledge and agree to be bound by these Terms.
You acknowledge that these Terms may be modified by us from time to time, including but not limited to terms relating to fees and charges, cancellation and modifying the Services your Enrolled Property receives. You will be notified of any changes to these Terms by us on http://bit.ly/safertermsqld.
In these Terms (and where the context permits), the singular includes the plural and vice versa, and a reference to:
- “Agent” means the duly appointed agent for the management of your property at the Commencement Date.
- “Annual Fee” means the fee per Enrolled Property payable per year for the Services, as set out in the Service Terms and updated from time to time.
- Commencement Date” means the date a Service begins for an Enrolled Property, as notified to you in writing from time to time.
- “Detector Inspector” means each of our Related Entities incorporated from time to time shall be referred to collectively as "Detector Inspector", “we”, “us”, or “our”.
- “Enrolled Property” means a property that is enrolled to receive a Service or Services from us that is otherwise not an Excluded Property.
- “Excluded Property” means, in respect of a Service, a property that:
- is not a domestic residential dwelling;
- is not a property type ordinarily serviced by us, as determined by us from time to time and notified to you;
- is not enrolled in the Service by act or omission of your Agent or by you;
- during the Term, begins to be managed by an agent other than the Agent; or
- has had the Service suspended or otherwise terminated by you, by your Agent or by us.
- “Law” means any statute, regulations, instruments and by-laws and all other subordinate legislation or orders made by any authority with jurisdiction over the Services, including without limitation Australian Consumer Law.
- “New Lease” means with respect to an Enrolled Property, any new lease on new terms entered into with a new Tenant or renewal or extension of an existing lease.
- “property” includes both a rental property and an owner-occupied property, and includes all synonyms for property, including but not limited to flat, apartment, premises, residence etc.
- “Related Entities” is given its meaning in the Corporations Act 2001 (Cth) and includes but is not necessarily limited to Detector Inspector Pty Ltd ABN 87 118 191 727 and Detector Inspector (QLD) Pty Ltd ABN 27 628 528 772.
- “Term” means the period from the Commencement Date until the Termination Date.
- Termination Date means the date upon which the Services are terminated in accordance with these Terms.
- "you" (or similar personal pronoun) is a reference to the property owner of the Enrolled Property.
Your property is an Enrolled Property and will receive the Services during the Term in return for payment of the Annual Fee.
Fees and Payment
In return for us agreeing to provide the Properties with the Services, you agree to pay the Annual Fee within thirty (30) days of the invoice date without set off or deduction, such invoice to be issued on or before the anniversary of the last invoice for the Services or services that are substantially similar to the Services, regardless of whether we were the previous provider of the Services. You acknowledge that we can adjust the Service Fee, but only with your agreement.
As set out in the Service Terms, the Annual Fee may vary depending on whether the Property is an Upgraded Property or not and you acknowledge that we may adjust the Annual Fee from time to time, but only with prior notice to you. You authorise your Agent to pay the Annual Fee to us on your behalf as and when it is due.
Suspension and Termination
You may choose to terminate the Services in respect of the Enrolled Property at any time by providing us with written notice. Upon termination, the property will cease to be an Enrolled Property and will automatically become an Excluded Property.
Notwithstanding anything else in these Terms and to the maximum extent permitted by Law, we shall immediately suspend your Services where any of the following occurs:
- an invoice in respect of one or more of your properties remains unpaid after the specified due date;
- you or your Agent breach any of these Terms;
- you or your Agent fail to provide us with all necessary information for us to effectively and efficiently supply the Services (including prompt notification as to a New Lease Commencement Date) including notifying us of any changes to the information already provided to us;
- your instructions, information, documentation, approvals, or authorisations have not been provided to us in accordance with these Terms, either by you or the Agent;
- you or your Agent or your tenant advise us that we may not enter the Property due to health concerns; and/or
- you have not taken steps in accordance with our professional advice and recommendations to ensure that your plant and equipment tested and maintained by us pursuant to these Terms are compliant.
Should we suspend the Services pursuant to these Terms, we may terminate these Terms by written notice to you or your Agent.
Following Suspension or Termination
Upon the suspension or termination of the Services for any reason, your property is no longer eligible to receive the Services and is automatically deemed to be an Excluded Property, and you acknowledge and agree to the following:
- where the Services are terminated by you or the Agent, the Annual Fee will be deemed to have been accrued and unpaid as at the date of termination where, at any time in the past 12 months:
- we have attended your Property to provide either the Smoke Alarm Service or Guarantee Services; and
- no Annual Fee has been paid or received;
- we shall be entitled to recover from you (or from your Agent) any fees accrued with respect to the provision of the Services to you that remain unpaid as at the date of termination and such fees will become immediately payable;
- we accept no risk regarding your compliance obligations at Law or the installation, repair or ongoing maintenance of the items of plant or equipment that we are required to ordinarily test and/or maintain as part of the Services (“Serviced Equipment”); and
- you immediately assume and accept all risks at Law associated with the Serviced Equipment and your compliance obligations at Law.
Restrictions and Exclusions
The extent of our obligations in respect of the Services is to ensure they are:
- provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage;
- fit for the purpose or give the results that you had agreed to; and
- delivered within a reasonable time when there is no agreed end date,
(collectively, “Statutory Warranties”).
We are liable to you for:
- any damage to your property which has been caused by the fault, negligence or fraud by us or our personnel during the conduct of the Services; and
- death or personal injury caused by us or our personnel;
If you have contributed to any loss or damage you are claiming against us, our liability is reduced to the extent of your contribution.
(collectively, “Our Agreed Liabilities”).
Subject to your rights under Australian Consumer Law or any other applicable legislation which cannot be lawfully excluded or limited by us, you acknowledge and agree as follows:
- we do not give any warranty nor accept any liability in relation to the performance or non- performance of the Services outside of the Statutory Warranties or Our Agreed Liabilities, and if any warranty would be implied by law, custom or otherwise, that warranty is excluded to the fullest extent permitted by law;
- we are only liable to you for those Services which you or your Agent have validly enrolled in pursuant to these Terms and we disclaim all liability or responsibility for Services in which you or your Agent have failed or neglected to validly enrol;
- we disclaim all liability for all indirect or consequential losses, loss of profits, loss of business, loss of revenue, loss of data or the poor performance or non-performance of our systems, loss of use or value of equipment, loss of anticipated earnings or savings, in connection with: (A) the provision of the Services; or (B) your use of or reliance upon any of the information provided by us to you in carrying out the Services that does not form part of these Terms; and
- we will provide the Services within a ‘reasonable time frame’, having regard to the uptake and demand for the provision of the Services and your obligations regarding notifying us in a timely manner as to the particulars of any New Lease as set out in the subparagraph titled “Suspension and Termination”, including (without limitation) the New Lease Commencement Date. You acknowledge and agree that the provision of dates by which Services will be provided is done on a best endeavours basis and nothing in these Terms is to be treated as a guarantee by us that we will provide any Services by any fixed date or time.
To the maximum extent permitted by Law, we will not be liable or deemed to be in default for any:
- act or failure by us to act with respect to an Excluded Property, including the failure by us to provide Services with respect to such Excluded Property. On and from the date your property is deemed to be an Excluded Property, you agree to indemnify us for any claim, cost, action, liabilities, expense, loss or damage (including legal costs on a full indemnity basis) howsoever or wheresoever arising that we may suffer or incur including (without limitation) for (a) the injury or death of any person; or (b) damage to real or personal property; and
- delay or failure in performance or interruption of the delivery of the Services that may result directly or indirectly from any cause or circumstance beyond our reasonable control. This may include (without limitation) events such as the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
Limiting your Liability
You will not be liable to us for any indirect or consequential losses that we suffer as a result of a breach by you of these Terms.
Survival, Governing Law and Assignment
Those obligations under the subparagraph titled “Following Suspension or Termination”, the paragraph titled “Restrictions and Exclusions”, this paragraph and any other indemnities provided under these Terms survive the termination or expiry of these Terms.
The Terms and Service Terms are governed by the laws of the state and territory in which your property is located. If part of these Terms and/or Services Terms is not legally enforceable, that part will be cut from these Terms and/or Services Terms and all other parts of these Terms and/or Services Terms shall continue.
You may transfer or assign your rights under these Terms (where those rights are assignable). We may transfer or assign some or all of our rights and/or obligations under these Terms and Services Terms.
You agree that any information, advice or material we provide to you in the supply of Services by us is for guidance purposes only and does not constitute legal advice. You are responsible for obtaining your own legal advice with respect to any such information, including any obligations at Law that you may have with respect to the Serviced Equipment.
These Terms were last updated on 9 June 2020
Schedule: Service Terms
Smoke Alarm Safety & Compliance Service
Your obligations under the Law
This Schedule includes the Service Terms for the Smoke Alarm Safety & Compliance Service (“Smoke Alarm Service”) and the Guarantee Services (collectively, “Services”).
Reference to “Smoke Alarm” means collectively, any or all of the following:
- A smoke alarm or detector that is detachable, portable, battery powered smoke alarms (“Wireless Smoke Alarm”);
- A smoke alarm or detector that is 240v mains powered and is hard wired to the mains (“Wired Smoke Alarm”),
but expressly excludes a smoke alarm or detector that is linked to a security system or fire indication panel (“Low Voltage Smoke Alarm”).
Reference to “Upgraded Property” means a Property that has had its Smoke Alarms upgraded in accordance with the requirements of the Building Fire Safety (Domestic Smoke Alarms) Legislation Amendment Regulation 2016 (“BFS Law”), including ensuring that the Smoke Alarms are interconnected, photoelectric and installed in accordance with the BFS Law in every bedroom, on every storey and in a range of other prescribed locations.
Reference to “Non-upgraded Property” means a Property that is not an Upgraded Property.
The Service Fee for the Smoke Alarm Service (including the Guarantee Services) is:
- $129 (GST-inclusive) per annum for a Property that is an Upgraded Property; and
- $99 (GST-inclusive) per annum for a Property that is a Non-upgraded Property.
Smoke Alarm Service
For each Enrolled Property, we will (subject to fulfilment of your obligations under the Terms) ensure that a Smoke Alarm Service is carried out within 30 days prior to a New Lease Commencement Date or in any case, on or about the anniversary of the last Smoke Alarm Service. The Smoke Alarm Service shall include (but is not necessarily limited to):
- Conducting a maintenance check on each Smoke Alarm, which includes cleaning, running smoke and button tests and checking status relative to each Smoke Alarm’s expiry period;
- Conducting a Smoke Alarm battery replacement for all Smoke Alarms at a Property (except those Smoke Alarms that have 10-year lithium batteries);
- Assessing positioning and functionality of each Smoke Alarm as against requirements at Law and identification of any installed Smoke Alarm that is excess to such requirements (‘Excess Smoke Alarm');
- Where appropriate, providing a quotation in writing for the estimated cost of completing the work needed to transition a Non-upgraded Property to an Upgraded Property; and
Reference to “Guarantee Services” means the following:
- Free callouts for Enrolled Properties for fault investigation, where unable to be resolved reasonably through telephone support;
- Free replacement of faulty Smoke Alarms where supplied by us and under manufacturer’s warranty (excluding Excess Smoke Alarms);
- Where the Property is a Non-upgraded Property, we will provide a free replacement of faulty or expired Smoke Alarms with a same or similar Smoke Alarm (excluding interconnected Wireless Alarms and Excess Smoke Alarms), provided that such fault or expiration happens prior to the Property becoming an Upgraded Property or 1 January 2022 (whichever is earlier);
For each Enrolled Property, we will provide the Guarantee Services at no charge to the Owner during the Term (“Service Guarantee”). For the sake of clarity, if a Property becomes an Excluded Property for any reason, the Service Guarantee is void from that date.
In some circumstances, replacing a Wired Smoke Alarm may require a qualified electrician to attend the property. Where this is required, a qualified electrician will be booked to attend to install a replacement at no additional cost to you. Where the Wired Smoke Alarm is non-compliant or faulty, a temporary Wireless Smoke Alarm will be installed close to the position of the faulty Wired Smoke Alarm pending the electrician attendance.
Relocating & Replacing Smoke Alarms
To be compliant with the Law, there are requirements in relation to the positioning of Smoke Alarms in your property. Please note when a Smoke Alarm is relocated or replaced, there may be residual damage either from the original installation or resulting from the relocation or replacement of the Smoke Alarm. Our technicians are not professional painters/plasterers but will make reasonable efforts to avoid causing further damage. Damage that may have been caused by the original installation or from the relocation or replacement can vary due to the type of original Smoke Alarm installed, the size of the cable hole and existing paint coverage and there may be discolouration from the original Smoke Alarm location or from plastering. Where you require repair, a quote for a professional plasterer/painter can be provided upon request. Any such work would be at your own additional cost.
Corded Blinds Safety & Compliance Add-On Service
This Schedule includes the Service Terms for the Corded Blinds Safety & Compliance Add-On Service (“Corded Blind Service”), which may be provided as an add-on to the Smoke Alarm Safety & Compliance Service.
“Cleat” means a device that has a bar with arms around which a Cord can be wound, and that can be attached to a wall or other structure.
“Cord” means a rope, strap, string, chain, line or wire used to manipulate a Corded Blind.
“Corded Blind” means a corded internal window covering that is:
(a) a window covering, such as a curtain or blind; or
(b) fittings used with a window covering, such as a traverse rod or track;
that can be used inside a building and has a Cord.
“Corded Blind Regulations” means the Trade Practices (Consumer Product Safety Standard – Corded Internal Window Coverings) Regulations 2010 and the Competition and Consumer (Corded Internal Window Coverings) Safety Standard 2014.
“Cord Guide” means a device designed to retract, tension or secure a Cord.
The Service Fee for the Corded Blind Service payable in addition to the Smoke Alarm Service Fee is $27.50 (GST-inclusive) per annum per Enrolled Property.
Corded Blinds Service
For each Enrolled Property, we will (subject to fulfilment of your obligations under the Terms) ensure that a Corded Blind Service is carried out on or by the anniversary of the last Corded Blind Service and in any case, as an extension to the carrying out of a Smoke Alarm Service.
The Corded Blind Service shall include (but is not necessarily limited to):
- Ensuring compliance of all Corded Blinds at an Enrolled Property with the Corded Blind Regulations unless subject to an Exclusion (see below);
- Unless listed as an Exclusion below, free replacement or installation of missing or damaged:
- Cleats or Cord Guides (as those terms are defined in the Corded Blind Regulations); and
- warning labels or swing tags; and
- Cord shortening, where the Cord is a standard beaded metal chain;
- Digital records including time, date & GPS tracked photos of each Corded Blind in the Enrolled Property. In the event of an incident at a Property, digital records are available as an audit trail of the Services provided.
The following items (“Exclusions”) are expressly excluded from the Corded Blind Service excludes the following:
- Replacement of roller mechanisms and cords;
- Cord shortening where the Cord is not a standard beaded metal chain and any Corded Blind where the Cleats or Cord guides cannot be affixed eg where there is no frame, just glass or where there are tiles. Note that where either of these issues is present, a specialist will need to be engaged by the owner to complete required works at the owner’s cost. In this instance, the Cord may be temporarily tied off at a safe height and a safety notice attached before leaving the property; and
- Rectification of damage to walls or other surfaces connected to the Corded Blinds (unless caused by us).