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1. About These Terms
These Terms and Conditions of Sale and Provision of Services (Terms) apply to all quotes, sales, deliveries, and installations made by OzSpy Security Solutions and its franchisees and authorised representatives trading under the OzSpy brand (OzSpy, we, us, our). By accepting a quote, placing an order, paying a deposit, taking delivery, or allowing installation, the customer (Customer, you) agrees to these Terms.
2. Quotes and Orders
- Quotes are valid for the period stated (or 60 days if not stated) and may be withdrawn or corrected for error.
- Orders are accepted when OzSpy issues written confirmation or commences supply/installation.
- Changes requested after acceptance may incur additional charges.
3. Prices, Taxes and Payment
- Prices are in AUD and include GST unless stated otherwise.
- Payment methods: Cash, EFT/bank transfer, card/EFTPOS, approved online gateways, or approved third-party finance.
- Deposits (if stated) are payable on acceptance. Balances are due on completion or as otherwise stated on the invoice.
- Late payments may attract a reasonable administration fee and interest at up to 8% p.a. until paid in full.
- Where finance is arranged, you authorise release of necessary information to the finance provider. Finance approval is independent of OzSpy.
4. Delivery, Site Access and Installation
- Delivery/installation dates are estimates. We will take reasonable steps to meet agreed timeframes.
- You must provide safe, timely access to the premises, ceilings/roof spaces, power, internet, and any required consents.
- For domestic installations, mains power may be temporarily isolated for short periods as required to ensure safety and compliance with applicable electrical and workplace safety regulations.
- Installations are performed in accordance with OzSpy’s Installation Policy and applicable ACMA/WHS requirements. Current policies are referenced at the time of supply on our website/intranet.
- Where cabling routes, mounting locations, or product substitutions are required for safety, performance, or compliance, the installer’s decision is final (acting reasonably and after discussion with you).
- If installation, commissioning, or training is delayed, interrupted, or requires a return visit due to circumstances outside OzSpy’s control (including but not limited to unavailable power or internet, restricted site access, the Customer being unavailable, or postponement or cancellation with less than 24 hours’ notice), OzSpy reserves the right to charge reasonable additional labour, travel, or rescheduling fees.
5. Inspection and Acceptance
- You must inspect goods and completed works on delivery/completion and promptly advise us of any issues. Absent notice within a reasonable period (and in any event within 7 days), the goods/works are deemed accepted, without limiting your rights under the Australian Consumer Law.
6. Retention of Title and Risk
- Ownership (title) in all goods remains with OzSpy until we receive full, cleared payment for all amounts due for those goods and related services.
- Risk (loss or damage) passes to you on delivery to site or upon installation, whichever occurs first.
- Until title passes, you hold the goods as bailee, must keep them in good condition, not sell or dispose of them, and must allow reasonable access for us to inspect or recover goods if you default (to the extent permitted by law).
- OzSpy may register and maintain any security interest arising under these Terms on the Personal Property Securities Register.
7. Debt Recovery and Default
- If payment is not received within the stated terms, OzSpy may engage a debt recovery agency or commence civil proceedings to recover the outstanding balance, associated costs, and any applicable interest.
- For business or commercial accounts, OzSpy reserves the right to register a payment default or credit notation with an appropriate credit reporting body once permitted by law and after providing required notice.
- All reasonable collection, legal, and administrative costs incurred in recovering overdue amounts may be added to the debt and become payable by the Customer.
- Any mobile applications, cloud services, or remote access software provided by OzSpy, whether paid or complimentary, are provided on a subscription or licence basis. Access to these services is conditional upon the account being paid in accordance with agreed terms. OzSpy reserves the right to suspend or terminate access where payment is overdue or the account is otherwise in default.
8. Returns, Warranty and Consumer Guarantees
- Nothing in these Terms excludes, restricts, or modifies any rights you have under the Australian Consumer Law (ACL).
- OzSpy’s standard product warranty periods and procedures (e.g., 3 years on CCTV equipment, 12 months on other products) are set out in the OzSpy Warranty Policy. Non-OzSpy accessories used in installations (e.g., monitors, routers, drives) are covered by the original manufacturer’s warranty period capped at 3-years.
- For support or warranty claims, follow the OzSpy Support Policy and lodge requests via the official support page. We may direct you to the relevant manufacturer where appropriate.
- Change-of-mind returns are at OzSpy’s discretion and may attract restocking or service charges.
9. Customer Responsibilities
- Provide accurate information, approvals, and safe access (including management of pets and site hazards) and ensure required power/internet are available.
- Back up data and settings on any existing devices prior to installation. OzSpy is not responsible for loss of stored footage or settings unless caused by our negligence.
- Comply with reasonable instructions for care, use, and maintenance of the system.
10. Software, Networking and Third-Party Services
- Some features (e.g., remote access, push notifications, cloud or app services) depend on third-party networks or platforms outside OzSpy’s control. Performance may vary and is not warranted by OzSpy.
- We are not responsible for your ISP, router configuration, mobile app ecosystems, or telco interruptions, but we will provide reasonable guidance within our scope.
11. Intellectual Property
- All OzSpy intellectual property (including documentation, designs, software configurations and training materials) remains OzSpy’s property. You receive a non-exclusive licence to use configurations supplied for your system.
12. Indemnity and Limitation of Liability
- To the fullest extent permitted by law and except for ACL consumer guarantees: OzSpy excludes liability for indirect or consequential loss, loss of profit, loss of data/recordings, or business interruption.
- Where liability cannot be excluded, OzSpy’s total aggregate liability arising under these Terms is limited (at OzSpy’s option) to: re-supplying the goods/services; repairing the goods; or paying the cost of equivalent re-supply or repair.
- Security systems deter and record; they do not guarantee prevention of unlawful acts. You are responsible for insurance appropriate to your risk profile.
13. Termination and Suspension
- If you materially breach these Terms (including non-payment), we may suspend work, disable remote access features, and/or terminate the agreement after reasonable notice, without prejudice to our other rights.
- On termination, all amounts owed become immediately due and payable.
14. Force Majeure
OzSpy is not liable for delays or failure to perform due to events beyond our reasonable control (including supply chain issues, extreme weather, labour shortages, utility/telco outages, government directives). We will resume performance as soon as reasonably practicable.
15. Privacy
Personal information is handled in accordance with the OzSpy Privacy Policy. OzSpy does not collect or store credit card information; payments are processed via secure third-party providers.
16. Governing Law and Disputes
- These Terms are governed by the laws of the Australian State or Territory in which the OzSpy franchise or outlet is located that supplied the goods or services. The parties submit to the non-exclusive jurisdiction of its courts.
- Before starting legal proceedings (other than urgent relief), the parties will attempt to resolve disputes in good faith, including senior-level discussion or mediation.
17. Notices and Communication
- Notices may be given in writing by email to the addresses last notified by the parties. Email is deemed received when sent, unless an error message indicates failure.
18. Variations and Entire Agreement
- OzSpy may update these Terms from time to time.
- These Terms, together with the accepted quote/invoice and any referenced OzSpy policies (Installation, Warranty, Support, Privacy), form the entire agreement and prevail over the Customer’s purchase terms (if any).
19. Definitions
- Goods: equipment, parts, software licences and materials supplied by OzSpy.
- Services: installation, configuration, training, maintenance, bug sweeping services, and related professional services.
- Policies: OzSpy’s current public policies referenced in these Terms (Installation, Warranty, Support, Privacy).