Terms & Conditions

Standard Terms of Service

Thank you for choosing Smoke Detect PTY LTD. The Services are provided by Smoke Detect Pty Ltd (SD) ABN: 70641364123

Email: info@smokedetect.com.au

By using our Services, you are agreeing to the following terms.

Smoke Detect currently offers the following services:

  • Smoke Alarm Installation, Service and Compliance
  • Minor Electrical works

Our Services are provided on an annual subscription basis for Services that are Packaged together.

Details of the Packages and their pricing can be found on our website at www.smokedetect.com.au, which is updated from time to time.

All our prices are quoted inclusive of G.S.T.

Services are available to property owners or their authorised real estate agents. In this document, reference to “us” (or similar personal pronoun) is a reference to Smoke Detect, and reference to "you" (or similar personal pronoun) is a reference to the person who has engaged our Services under this document.

By using our services you appoint us to perform the services you selected in your Property Enrolment Form, which incorporates this document by reference, and we agree, subject to the terms and conditions in this document (as amended from time to time), to perform Services during our appointment. We will carry out our Services in accordance with our Standard Operating Procedures, which are incorporated in this document.

By engaging in our services, you have agreed to these terms and acknowledged that you have read and understood this document, including the terms, procedures and disclosures set out in or incorporated in this document and your Property Enrolment Form. Only when we have accepted your Property Enrolment Form and made a first attendance at the property will you and Smoke Detect have entered into a binding agreement. If we do not accept your Property Enrolment Form or our first attendance report indicates that we will not provide services to your property for whichever reason, this offer will lapse. However, you will still be obliged to pay us for any work done or Service provided, and we will not incur any liability.

Smoke Alarms

Packages

By purchasing an annual Package for an enrolled property, we will test and service smoke alarms in the enrolled property for a 12-month period and attend to any faulty, expired, missing or beeping smoke alarms at that property (T & C’s apply).

Please see the packages available for further information on varying inclusions and exclusions. Please see our Terms & Conditions for Third Party Upgrades (3PU)

During the applicable 12-month subscription period, we will ensure that the smoke alarms and installations in the relevant property comply with current smoke alarm legislation applicable in the State of Queensland. We are not a building surveyor, and do not know the relevant date that a property was built or renovated, it is your responsibility to notify us of the date when the property was built or substantially renovated and its classification if relevant (see below What is a Smoke Alarm Service Report).

In certain instances, changes in our service delivery or relevant legislation may require an automatic change to a new Package and additional charges may apply.

Please note, that by changing to a new Package you acknowledge that any existing Packages, benefits, service offerings and fee structures will no longer be valid, and the terms of the changed Package will apply. A change cancels all offerings and pricing from your current subscription and is replaced with that of the new Package.

Attending to a property

You authorise us to collect copies of your keys from you or your agent (see below Keys for Enrolled Properties) and –

  • if your enrolled property is a rental property, you authorise us to arrange directly with your tenant to attend at the property;
  • if your property is being managed, you authorise us to arrange directly with your agent to attend at the property;

We will only attend a property subject to our property attendance policy and procedures and:

  • for properties that are enrolled under a Package upon an annual inspection; or
  • if we receive a Work Order via email, and we accept that Work Order

Our procedures for attending to a property are detailed in our Standard Operating Procedures, which may change from time to time.

Competitor Takeover Service

This service is to be negotiated on a case-by-case basis and separate contracts will be drawn to reflect the terms and conditions agreed upon by both parties.

Alarms not required for compliance

Provided that a smoke alarm is functional and within its expiry date then we will service and maintain the smoke alarm under the relevant Service offering. However, if an alarm is not required for compliance and the alarm is a nuisance alarm, faulty, damaged or expired, we will:

  • Not service and maintain the smoke alarm
  • According to Queensland legislation, we will remove the smoke alarm and notify you of the reason for its removal.

Smoke Alarm Services we will not supply

Buildings other than Class 1a and Class 2 (sole occupancy) Buildings

We will not provide Smoke Alarm Compliance Services or other Services in respect of buildings classified as any class other than Class 1a or Class 2 (sole occupancy) buildings.

Smoke Alarm Installation, Relocation and Removal Services

We may install, relocate or remove smoke alarms in compliance with the requirements of the relevant legislation.

  • In Queensland alarms currently installed will need to be upgraded or replaced prior to 2022 if they are not compliant to requirements that will come into force at the start of 2022.

If we determine that a smoke alarm is defective, we will repair or replace the smoke alarm as soon as practically possible subject to gaining access.

  • No legal liability is incurred or accepted during the period between determining that a smoke alarm is defective and replacing the smoke alarm and we have no duty or responsibility to take steps other than to notify you and make reasonable efforts to obtain access and replace the defective smoke alarm.
  • Smoke Detect may install temporary alarms in the property in order to ensure that the property remains compliant (T & C’s apply)

Standard of smoke alarms

We confirm that all the Smoke Alarms that we install as part of our Services:

  • comply with the relevant standards under the applicable Australian Standard AS3786;
  • have the Standards Australia Mark or are Scientific Services Laboratory (SSL) certified; and

Removal of Alarms

In Queensland, expired, faulty or damaged smoke alarms, must be removed from the property and you authorise us to make such removals and dispose of accordingly.

Cover plates and Base plates

In certain circumstances, cover plates must be used and you authorise us accordingly.

We will have no obligation to make good any reasonable damage caused by the removal, relocation or installation of smoke alarms or smoke alarm installations.

  • Where smoke alarm base plates cannot be removed without causing superficial damage (such as when base plates are painted on or they cover damage or holes in ceiling) we will leave the base plate in place, provided that we can install the smoke alarm in another location that is compliant with measurement criteria.
  • If we are able to remove smoke alarm base plates and the location is still compliant for the installation of a smoke alarm, we will endeavour to re-use or cover the existing screw holes with the new base plate.
  • If we cannot re-use or cover the existing screw holes, then the existing screw holes will be filled with gap filler

Smoke Alarm Services Report

Smoke Alarm Services Reports are offered as an inclusion in some of our annual subscription Packages.

We provide Smoke Alarm Services Reports regarding smoke alarms and smoke alarm installations in specific types of residential properties and subject to the relevant Queensland legislation. We provide a Smoke Alarm Services Report after attending a property and inspecting the smoke alarms and smoke alarm installations. Compliance or non-compliance of smoke alarms and smoke alarm installations at the enrolled property is dependent on various factors including the relevant Queensland legislative requirements for smoke alarms and smoke alarm installations for the Building Class in force on the inspection date. If the smoke alarms and smoke alarm installations at the enrolled property do not comply, we will (subject to the terms of the relevant Package and our Third Party Upgrade Policy)

  • notify you or your agent;
  • rectify the non-compliant smoke alarm or smoke alarm installation (including missing smoke alarms) during the inspection or arrange a time for one of our qualified electricians to return and rectify the non-compliant smoke alarm or smoke alarm installation
  • provide an estimate for approval to rectify the non-compliant smoke alarm or smoke alarm installation

Installation, removal or relocation of smoke alarms to meet compliance requirements may incur additional charges. Additional fees may include a call out fee, charges per new smoke alarm supplied and installation.

What is a Smoke Alarm Service Report?

Our Smoke Alarm Service Reports give notice of whether a property does or does not meet the Queensland legislative requirements for smoke alarms and smoke alarm installations for the building classification of the building on the property in force on the inspection date.

If applicable, and an electrical contractor license number appears on the face of our Smoke Alarm Service Report, the Report also certifies that the relevant smoke alarm installations and electrical installations, removal, repair, inspection or testing, are electrical work as defined in the relevant legislation. Such electrical works have

been tested to ensure it is electrically safe and is in accordance with the requirements of the wiring rules and any other standard applying to the electrical installation under the legislative requirements. Such electrical equipment, to the extent it is affected by the electrical work, is electrically safe in terms of the legislative requirements.

A Smoke Alarm Service Report is an opinion expressed by us based on our understanding of your instructions and information you provide at the date of the inspection, as well as our inspection of the enrolled property, training, and experience in doing similar work in assumed similar circumstances. As such, the Smoke Alarm Service Report does not constitute legal or professional advice, or an expression of a legal or professional opinion regarding the relevant Queensland legislative requirements for smoke alarms and smoke alarm installations for the Building Class in force on the inspection date. The Smoke Alarm Service Report is provided in order that you may make an informed decision in choosing to take steps to ensure your smoke alarm and smoke alarm installations are compliant and the future maintenance and compliance of your smoke alarm and smoke alarm installations.

What a Smoke Alarm Service Report is not

Smoke Alarm Service Reports are NOT a building compliance certificate.

A report provided by Smoke Detect indicating that the smoke alarms or smoke alarm installations do not meet legislative requirements does not necessarily mean that a building compliance certificate, or other such certificate, is not valid. Building compliance certificates relate to compliance with building plans and approvals granted by local, state and federal governments under various Building Acts and related construction and renovation requirements. Building certificates, and other types of certificates relating to construction and renovation safety, issued by building certifiers, or other safety officials, refer to different points in time and different regulations.

Safety Switch Function Testing Service

We carry out a safety switch function test only when requested in a Work Order and in conjunction with a scheduled smoke alarm inspection.

If the safety switch flicks off and cuts the power, we turn the safety switch back on, and confirm the power is restored. We do not check to determine which lights or appliances, or power sockets are protected by the safety switch. We do not check the time it takes for the safety switch to turn off the power.

To the maximum extent permitted by law, we do not accept any liability if a safety switch does not function fully (turning off within its stipulated time-frame or not turning power back on when reset), whether before, during, or after the Safety Switch Function Testing. We will notify you of a faulty safety switch if it does not pass the Safety Switch Function Testing and it is your responsibility to attend to it by having it repaired or replaced.

We will not carry out Safety Switch Function Testing in instances where we are attending to a faulty or beeping alarm, nor will we attend a property to carry out

Safety Switch Function Testing as a separate or individual service unless prior arrangements have been made.

When we carry out Safety Switch Function Testing, we endeavour to ensure that all individuals in the premises are aware of the testing by way of the entry notice or verbally if the tenants are home at the time of the testing. We endeavour to ensure individuals at the property are aware that if they are using an electrical device it may be interrupted by the testing process.

We accept no liability for loss or damages incurred during Safety Switch Function Testing.

Terms applicable to all Services and Materials

Package Subscription

Packages are charged on a subscription basis:

  • your Package subscription will continue annually until cancelled.
  • the fees for the Package are due annually in advance.
  • Payment options will be listed on your invoice sent 30 days prior to payment due date

Additional Services

Fees for Additional Services are charged on a pay-per-service basis.

Fees charged for time, materials and other expenses, including call out charges not included in a Package, may be excluded from fees charged for the Packages or Additional Services.

Payment

Package subscription

Package fees are due in full before the Services commence. Our Property Enrolment Forms may contain additional terms or requirements, which shall apply as though incorporated in this document.

Invoices

Invoices are immediately due and are payable within 30 days of issue.

Our invoices may contain additional terms or requirements, which shall apply as though incorporated in this document.

Failure to pay

Packages

If you fail to make a subscription payment for a Package, we may suspend our Service delivery to you.

Upon failure to make a payment:

  • we will have no obligation or duty to provide Services or attend to your property or incur such expense until receipt of payment. This will not breach any duty or incur any liability as a result. Any outstanding Work Orders received after the payment date will be placed on hold.

Failure to pay an invoice

If you fail to pay an invoice, whether for a Package or any expense or otherwise, we may suspend all our Service deliveries to you until the invoice has been paid.

Work Orders

Except for the Services provided automatically under a Service Package, we will provide services only in accordance with a Work Order sent by you (or your agent) and accepted by us.

Work Orders On-Hold

If your account is not paid up to date, including if you have subscribed for a Package but have not paid according to this agreement, Smoke Detect may place any or all, of your current Work Orders, and all new Work Orders we may receive from you, on-hold.

If a Work Order is on-hold, then notwithstanding the submission date or due date on your Work Order, that Work Order will not be accepted but will be registered as 'on-hold'. Smoke Detect will notify you (or your agent) that your Work Order has been put on-hold, and the reason for that hold.

Smoke Detect will not be liable for any penalties or costs or consequences for failure to produce the documentation on due date if your Work Order is on-hold or if your instructions, information, documentation, approvals, or payments have not been provided in accordance with this agreement. Smoke Detect will have no duty and will not breach this agreement while a Work Order is on-hold.

When you have remedied the reason for Work Orders being on-hold to our satisfaction we will accept your Work Order and remove it from being on-hold. The submission date of your Work Order will now be the date on which we remove your Work Order from being on-hold. Service delivery will otherwise resume in accordance with this agreement.

Your other obligations

Agents details

You must provide your agent's contact details to Smoke Detect in writing by filling in the details of your agent on your Property Enrolment Form.

  • You hereby authorise the agent whose contact details you fill in on your property Enrolment Form to provide instructions to us regarding the delivery of Services to you and for your account.

Lawful conduct

You will comply with all applicable laws and standards in respect of the enrolled property.

Any lease applicable to an enrolled property is valid and in force and you are entitled and authorised to permit our entry on to and into the enrolled property in accordance with this agreement.

Information and documentation

You will provide Smoke Detect with all necessary information for us to supply our Services effectively and efficiently and notify us of any changes to the information already provided to us.

Smoke Detect will endeavour to ensure that Services are delivered, and any relevant documentation is provided by the due dates, provided all the information, approvals, comments, instructions, fees and Work Orders are received within sufficient time frames. We will not be liable for any penalties, costs or consequences for failure to deliver Services or produce documentation on due date if your instructions, information, documentation, approvals, or payments have not been provided in accordance with this agreement.

You acknowledge that Smoke Detect rely on the information provided by you, or your agent, and it is not our responsibility to verify or ensure that the information provided is correct.

Providing Smoke Detect with inaccurate or misleading information indemnifies us against all claims suffered or incurred arising from such misleading information. Any errors relating to dates, tenant details, details of the enrolled property, addresses provided, access to the property or information otherwise provided by you or your agents may incur additional charges and may cause delay in the delivery and completion of the Services. We are not liable for any loss, damages, costs, or claim resulting from such a delay or any incident which occurs at the property prior to our attendance at the property arising during such delay.

Keys for enrolled properties

We are required to take possession of the keys for the enrolled properties in order to deliver our Services. This also includes collecting information with respect to their location and for what property the keys may be utilised. We confirm that all information relating to the collection, utility, and location of the keys for the property remains confidential and is only used for the purpose of providing our Services.

You authorise us, our technicians, and representatives to collect the above information, take possession of the keys and access the relevant property according to work orders provided. We will return the keys to the place from which they were collected unless otherwise instructed. We do not accept any responsibility or liability for any damage arising from the use or loss of keys prior to keys being collected or following the return of keys to you by our technicians or representatives.

Smoke Detect will make all reasonable attempts to enter a property with the keys provided to them by the Real Estate. If Smoke Detect are unable to access a property with the keys provided the Real Estate will be notified that the keys do not work. Smoke Detect will then attempt to make arrangements with the tenant to carry out the works at a time that suits. If Smoke Detect are unable to make a suitable

appointment time with the tenant, or the tenant is not able to be contacted, the Real Estate will be notified that Smoke Detect have been unable to complete the work order.

If Smoke Detect return to a property at a later date with keys that have been issued by the Real Estate and that property has been previously noted as a property whose keys do not work, and the keys still do not work, the Real Estate will be issued with an $85 call out fee.

Attending to the same property numerous times due to keys that do not work is time consuming and costly for Smoke Detect and a nuisance for the tenant.

Confidentiality

You and Smoke Detect agree, that neither parties may disclose any confidential information to any other person except where the disclosure is:

  • to any of its agents or related bodies corporate in respect of Services in connection with this agreement;
  • in connection with any proceedings arising out of or in connection with this agreement;
  • required by an order of a court of competent jurisdiction whether in pursuance of any procedure for discovering documents or otherwise;
  • pursuant to any law or regulation or requirement of any Governmental Agency in accordance with which that party is required or accustomed to act;
  • to any governmental, banking or taxation authority of competent jurisdiction;
  • required in connection with the bona fide enforcement or protection of rights under this agreement;
  • in connection with any other entity or person that the parties in their reasonable discretion, believe has a need to know or evaluate such information, provided such person has agreed in writing to the confidentiality restrictions contained in this clause; and
  • as otherwise agreed in writing between you and Smoke Detect.

Information collection and use

In accordance with our obligations under the law (The Privacy Act 1988), we disclose that we collect information, including personal and sensitive information, to provide the services, conduct and market our business, and to meet our legal obligations.

By using our Services, you consent to our collection, use and disclosure of your personal information (including sensitive information) and you authorise us to obtain from and disclose to third parties (including a court or tribunal or other authorities) such personal or sensitive information as may be required in order to provide the Services, conduct and market our business, and to meet our legal obligations in accordance with our privacy policy. You warrant that personal, and sensitive, information you provide us is to the best of your knowledge true, accurate and up to date.

Electronic Communication

Like other means of communication, electronic mail, Short Message Services and other electronic messaging services (together electronic communication) carries with it the risk of inadvertent misdirection, security breaches or non-delivery of confidential or personal material. You recognize that the Internet and electronic mail are not secure and there are risks if legally, commercially, or personally sensitive information is sent either to, or by you, using electronic communication. Where you provide us with an electronic communication address or number in which we are to communicate with, which materials are to be sent, or you use or continue to use any electronic communication in dealing with us, you agree (unless you notify us in writing to the contrary prior to using our Services) that:

  • you consent to the use of electronic communication.
  • a communication from an electronic communication address or number that you provided to us, or that we established for you, indicates your intention as though you had signed communication at the date and time we read it.
  • an electronic communication address or number that you provided to us or that we established for you, is your address for service. Any communication by us to such address shall be delivered to you at the date and time we sent it and we may rely on this regardless of when you receive or read the communication.
  • you will carry out effective procedures and conduct yourself to protect the integrity of electronic communications.

Termination

You can cancel your subscription for a Package at any time (with 30 days’ notice) and you will continue to have access to the Package Services through to the end of the applicable billing period immediately preceding cancellation.

In such circumstances, payments are non-refundable and we do not provide refunds or credits for any partial Package periods or prepaid but unused Services or any prepaid or supplied time, materials or products.

Upon the termination of this agreement for any reason, whether by you or your agent, all fees up to the date of the termination will be charged and become immediately payable. In addition, you shall reimburse us for any non-cancellable obligations, any cancellation penalties, and, unless we terminate the agreement without cause, any expenditures reasonably made or undertaken in order to perform the Services that were to occur had cancellation not occurred.

This agreement may be terminated by either of us, with or without cause, upon written notice to the other.

The sale of an enrolled property terminates this agreement automatically on the date that is one day before the sale contract is executed, regardless of whether you notify us of your intention to sell the property or the sale of the property.

Third Party Upgrades

This policy covers any and all smoke alarm works carried out by any other contractor or third party other than Smoke Detect Pty Ltd

If a property currently under a Smoke Detect service plan is upgraded by a third-party provider, Smoke Detect may refuse to service the property for excessive fault call outs. If Smoke Detect are required to attend to the property repeatedly due to the installation, the quality of the alarms installed, or to rectify any further issues, additional call out fees of $85 + GST will apply.

If Smoke Detect attend to a property that has been upgraded by a third-party provider and Smoke Detect deem this property to not meet the new 2022 legislation, the Real Estate will be issued with a report stating that Smoke Detect find the property to not meet the requirements for the new legislation. The Real Estate will be notified immediately and the responsibility for the compliance and safety of this property will be handed back to the Real Estate at once. Smoke Detect will no longer accept further responsibility for the safety and compliance of this property until either the property is upgraded to meet legislation, or Smoke Detect receives a work order to rectify. Smoke Detect will provide the Real Estate with a report and a quote to bring the property in to line to meet the new requirements.

If Smoke Detect attend to a property that has been upgraded by a third party and Smoke Detect deem the alarms to be faulty, the Real Estate will be notified at once and Smoke Detect will seek approval to replace these alarms immediately. If Smoke Detect do not receive immediate approval, the responsibility for the property is handed back to the Real Estate and Smoke Detect will no longer accept further responsibility for the safety and compliance of this property until either the property is upgraded to meet legislation, or Smoke Detect receives a work order to rectify.

Smoke Detect will NOT replace any faulty or expiring alarms that have been installed by a third-party provider for free. All faulty alarms will be left onsite for the third party/landlord to claim warranty/replace. Smoke Detect will not complete any warranty works for alarms not installed by Smoke Detect unless a work order has been received and invoicing arrangements have been made.

Smoke Detect will NOT replace any damaged alarms free of charge under a Smoke Detect service plan – if a Smoke Detect installed alarm is damaged by a tenant, Smoke Detect will replace the alarm to ensure that the property remains compliant, and an invoice will be sent to the real estate. If an alarm is damaged and it was a third party install, Smoke Detect will seek approval to replace and invoice for this alarm immediately. If Smoke Detect does not receive approval to replace the alarm, the responsibility for the compliance and safety of this property will be handed back to the Real Estate at once. Smoke Detect will no longer accept further responsibility for the safety and compliance of this property until either the property is upgraded to meet legislation, or Smoke Detect receives a work order to rectify. Smoke Detect will provide the Real Estate with a report and a quote to bring the property in to line to meet requirements.

Smoke Detect recommends installing the same brand of alarms throughout a property. Multiple brands may fault when interconnected.

Notice of Risk: Smoke Detect will not be held liable for any fire, property damage, personal injury or death resulting from a property that has been left non-compliant by a third-party upgrade or a property that has been upgraded by third party resulting in incorrect or faulty electrical wiring.

Smoke Detect take no responsibility for a property that has been upgraded to meet 2022 legislative requirements and hardwired alarms have been capped and hidden behind 10YR alarms. If Smoke Detect become aware that this is the case, Smoke Detect will notify the Real Estate and mark the property as not meeting new legislative requirements until further investigation has been carried out by the Real Estate with an explanation as to why the existing hardwired alarms have been replaced, or a work order is issued by the Real Estate to rectify. Smoke Detect will no longer accept further responsibility for the safety and compliance of this property until either the property is upgraded to meet legislation, or Smoke Detect receives a work order to rectify. Smoke Detect will provide the Real Estate with a report and a quote to bring the property in to line to meet requirements.