Terms and conditions

ALERTME TERMS AND CONDITIONS

  1. DEFINITIONS
    1. “Agreement” refers to these Terms and Conditions together with the Quote provided.
    2. “Alertme” means Alterme Monitoring Limited.
    3. “Business Hours” means the hours from 0830 to 1700 on Business Days.
    4. “Business Day” includes weekdays excluding Saturdays, Sundays, and public holidays observed in Auckland, New Zealand region.
    5. “Commencement Date” is the agreed start date for Service provision by Alertme.
    6. “Customer” means the individual, firm, company, or other legal entity engaging with Alertme.
    7. “Customer Instructions” are written directions from the Customer detailing how Alertme should respond to alarm signals.
    8. “Customer Contact” refers to the person(s) designated by the Customer in the Customer Instructions.
    9. “Default Rate” is an interest rate charged at 2% above Alertme’s overdraft rate.
    10. “Force Majeure Event” includes circumstances beyond reasonable control, such as natural disasters, wars, government restrictions, mechanical failures, and labour disputes.
    11. “Premises” means the Customer’s specified locations for the provision of the Service.
    12. “Quote” is the written document detailing Services and Service Fees.
    13. “Security System” is the -installed security equipment on the Premises.
    14. “Service Fees” are charges payable by the Customer outlined in the Quote or as otherwise agreed.
    15. “Services” means the services specified under clause 5 (or other services as agreed between Alterme and the Customer) which are selected by the Customer and provided by Alterme.
    16. “Uninvited Direct Sale Agreement” refers to agreements defined under section 36K of the Fair Trading Act 1986.

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  1. TERM OF AGREEMENT
    1. Subject to clause 4, this Agreement begins on the Commencement Date and remains effective until:
      1. the Customer provides Alertme no less than 60 days notice in writing;or
      2. Alertme provides the Customer no less than 14 days notice in writing, of the termination of this Agreement.

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  1. SERVICE DETAILS
    1. Alertme shall provide one (or more) of the following Services as selected by the Customer and agreed to by Alertme:
      1. Continuous Alarm Monitoring – Ongoing monitoring of alarm signals from the Customer’s Security System, actioning alarms as per Customer Instructions.
      2. Random Patrol Checks – Mobile patrol services making periodic visits based on Customer guidelines.
      3. Alarm Response Patrols – Patrol officers responding to alarms using keys provided or conducting external inspections if keys are unavailable.
      4. Security Equipment Services – Provision of installation and maintenance services for security devices upon request.
      5. Immediate Breach Response – Coordination of immediate security measures (e.g., repairs, guards) following a breach, with expenses billed to the Customer.
      6. Other Adhoc Services agreed to between the Customer and Alertme in writing from time to time. 
    2. For the avoidance of doubt, if a Service is not selected in a Quote, the Supplier will not be required to be provide it unless agreed in writing.

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  1. TERMINATION TERMS
    1. Either party may terminate this Agreement immediately if the other party becomes insolvent, assigns their assets to creditors, files for bankruptcy, or has a receiver appointed. 
    2. Customer may terminate this Agreement on five days’ notice from the date of receipt of an Uninvited Direct Sale Agreement.

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  1. CUSTOMER OBLIGATIONS
    1. The Customer will be solely responsible for:
      1. Keeping the Security System fully operational and suitable for monitoring.
      2. Ensuring continuous provision of essential utilities (including electricity, communication services). 
      3. Providing keys to premises either when required due to the nature or the Services requested.
      4. Notifying Alertme promptly of any premises changes affecting security.
      5. Securing and responsibly manage security codes and keys.
      6. Acknowledging limitations inherent in security monitoring services.
      7. Ensuring safe and unobstructed access to the Premises or any other locations access may be required in the provision of the Services for Alertme’s personnel.

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  1. ALERTME OBLIGATIONS
    1. Alertme is responsible for:
      1. Maintaining confidentiality of Customer data and information. 
      2. Delivering effective monitoring and respond promptly according to Customer Instructions. 
      3. Providing prompt notification of any potential issues or security incidents.

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  1. LIABILITY LIMITATIONS
    1. Notwithstanding any Services provided by Alertme under this Agreement Alertment does not guarantee absolute security and is not liable for damages resulting from Force Majeure Events.
    2. Alertme’s total liability to the Customer whether in contract, tort or otherwise is limited strictly to direct damages and capped at the total annual Service Fees charged to the Customer at the time the liability arises.
    3. Alterme is not liable for any indirect, consequential, special, loss of profit or opportunity or any sort of similar loss suffered by the Customer no matter what the cause.

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  1. SERVICE FEES AND ADJUSTMENTS
    1. Service Fees payable are detailed in the Quote. Alterme may undertake periodic reviews of the Service Fee from time to time and will notify the Customer in advance of any fee increases. 
    2. The Customer may terminate the Agreement in accordance with clause 2.1.a if they do not agree with the fee increase. 
    3. All amounts payable by the Customer to Alterme shall be due on the date specified on the GST Invoice. If the Customer fails to make the payment that is due and payable and that default continues for 14 days, the Alterme may provide written notice to the Customer specifying the default and requiring payment within 7 days from the date of the notice. Unless payment has been made by the Customer in full, Alterme may suspend performance of the Services any time after expiration of the notice period.  Alterme must promptly lift the suspension after the Customer has made the payment.  
    4. Regardless of whether or not Alterme suspends the performance of the Services in accordance with this clause 8, Alterme may:
      1. charge interest on overdue amounts from the date payment falls due to the date of payment at the Default Rate; and 
      2. recover the costs of any actions taken by Alterme to recover the debt from the Customer.

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  1. NOTICES
    1. All notices must be provided in writing and delivered either via mail or email.

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  1. HEALTH AND SAFETY
    1. Customer ensures compliance with health and safety regulations, providing safe premises for Alertme personnel.
    2. Alterme has not and will not assume any duty imposed on the Customer pursuant to the Health and Safety at Work Act 2015 in connection with the Agreement.  

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  1. WAIVER
    1. 11.1 Rights under this Agreement may only be waived in writing by mutual agreement.

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  1. NOTICE OF CLAIM
    1. Any claim against the Alertme must be made in writing within 7 days of discovering the issue.

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  1. SEVERABILITY
    1. If any provision is deemed invalid, remaining provisions remain in effect.

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  1. ASSIGNMENT
    1. Customer may not assign rights under this Agreement without written consent from the Alertme.

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  1. ENTIRE AGREEMENT
    1. This Agreement supersedes all prior understandings and agreements between parties.

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  1. CONSUMERS GUARANTEES ACT
    1. The Customer and Alterme agree that where all or any of, the Services are acquired for the purposes of a business the provisions of the Consumer Guarantees Act 1993 are excluded in relation to those Services.  However, nothing in this Agreement shall restrict, negate, modify or limit any of the Customer’s rights under the Consumer Guarantees Act 1993 where the Services acquired are of a kind ordinarily acquired for personal, domestic or household use or consumption and the Client is not acquiring the Services for the purpose of a business.

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  1. DISPUTE RESOLUTION
    1. The Parties shall attempt in good faith to settle any dispute by mediation.

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  1. GOVERNING LAW
    1. This Agreement is governed by the New Zealand law, the New Zealand courts have jurisdiction in respect of this Agreement, and all amounts are payable in New Zealand dollars.

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