TBAC SMOKE ALARMS TERMS OF SERVICES

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.

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. You are deemed to be bound by these Terms (as modified from time to time) for so long as your Property is an Enrolled Property, or these Terms (or part of them) are otherwise expressed to continue to bind you as an owner of a Property.

Please also review our Privacy Policy learn more about how we use information we procure in the provision of the Services, noting that you will be taken to be bound by our Privacy Policy upon the entry into of these Terms, and you consent to the collection, use and disclosure of your ‘personal information’ (as that term is defined in the Privacy Act 1988 (Cth)) being treated by us in accordance with that policy.

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.
“TBAC Smoke Alarms” means each of our Related Entities incorporated from time to time which shall be referred to collectively as "Two Brothers and Co.", "Two Brothers & Co.", “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 (including by your breach of these Terms).
“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, and includes any amendment to, re-enactment of or enactment in replacement of such laws.
“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 Two Brothers and Co. Pty Ltd ABN 21 653 924 611.
“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.

THE SERVICES

Your property is an Enrolled Property and will receive the Services during the Term in return for payment of the Fees.

FEES AND PAYMENT

The fees payable by you will be based on the Services the Enrolled Property is enrolled in and will be notified to you by us or by your Agent at enrolment, together with these Terms.

You authorise your Agent to pay us on your behalf in respect of any Fees due.

In relation to all products, materials and Services, such as smoke alarms and smoke alarm installations, supplied by us, risk and title in the products, materials and Services will pass to you immediately on the earlier of:

payment in full for the product or material or service as per our invoice to you; or
upon delivery of the products or materials or services to you at the enrolled property.

Where your Property is enrolled in the Annual Safety Package, Fees will be payable on or around the Commencement Date and then on each anniversary of that date, unless you notify us of your decision to terminate the Services in writing in accordance with the ‘Suspension and Termination’ paragraph below. You acknowledge that we may adjust the Fees from time to time, but only with prior notice to you.

Where your Property is enrolled in one or more individual Services (and not in the Annual Safety Package), Fees will be payable within thirty (30) days of the invoice date without set off or deduction.

Upon date of installation the property will receive 3 months of complimentary after care. Any additional call outs after this 3 month period will incur a $99 fee.

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, and any products or materials, including without limitation 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 do not provide us with access to your property, including relevant contact details of any tenant residing at your property, keys or right of access;
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:

We shall be entitled to recover from you 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.

In the event that these Terms are terminated by your Agent because your property is no longer managed by your Agent, then you agree and undertake to indemnify your Agent for any fees payable to us.

REFUND POLICY

1. Full refund - You will be entitled to a refund of the Fees for a Cancelled Property if, at the date of cancellation, Two Brothers and Co. has not attended the Cancelled Property for any Service, or for warranty/call outs connected to any Service during the current subscription period. Any refund payable will exclude the value of any rebate.

2. No/partial refund - You will not be entitled to a full refund of the Fees paid for a Cancelled Property if, at the date of cancellation, Two Brothers and Co. has attended the Cancelled Property for any Service, or for a warranty/call out connected to any Service during the current subscription period. Where such attendance has occurred in respect of a Service, that Service will be deemed to have been delivered and the value of that Service ("Service Value"), and any rebate, will be deducted from the Fees prior to any refund being paid to you.

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:

Unless otherwise provided in these Terms, any damage to your Property which has been caused by the fault, negligence 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, and notwithstanding any other provisions in these Terms to the contrary, 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) with our prior written consent. We may transfer or assign some or all of our rights and/or obligations under these Terms and Services Terms.

Phone: 0481 814 771

Email: enquire@tbacsmokealarms.com.au

LEGAL ADVICE

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 4th February 2022

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.

SMOKE ALARM SERVICE

For each Enrolled Property, the Smoke Alarm Service shall include (but is not necessarily limited to):

Conducting a Smoke Alarm battery replacement for all Smoke Alarms at a Property (except those Smoke Alarms that have 10-year lithium batteries), prior to January 1st 2022;
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
Creating a Report in respect of each Smoke Alarm Service and maintaining a photo database with time/date/location stamps of all Smoke Alarms (in accordance with our Privacy Policy). In the event of an incident at a Property, digital records are available as an audit trail of the Services provided.

GUARANTEE SERVICES

Reference to “Guarantee Services” means the following:

Free replacement of faulty Smoke Alarms where supplied by us (within three months of installation date) and under manufacturer’s warranty (excluding Excess Smoke Alarms). For clarity, we do not provide a free replacement of Smoke Alarms installed by you or a third party. We will advise on the costs with respect to the replacement of those Smoke Alarms installed by you or a third party via a quotation at or as close as possible to the time of service;

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 an 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 AND 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 use reasonable endeavours 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, without limitation, 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.