These are the Terms and Conditions on which Pro Enterprise Group Pty Ltd ACN 681 415 912 (ProCCTV) will carry out work for you. By accepting our quote and/or proposal, or by providing monies inline with the value of our offer, accepting a service call, you are deemed to have accepted these Terms and Conditions.

1. Definitions

Additional Fees means the fees applicable to Services not foreseen or not requested by the Client before commencement of the work and includes:

(a) work performed outside Standard Business Hours;

(b) requested additional installation, cabling, commissioning, programming or system engineering not outlined in the proposal/scope of works;

Client means the individual or entity requesting the provision of Services from ProCCTV as specified in the proposal/scope of works.

Confidential Information of a party means any information regarding that party’s business or affairs of that party’s customers, employees or other people doing business with that party which is:

(a) by its nature confidential;

(b) designated as confidential by that party at the time of disclosure; or

Confidential information does not include information, documents or materials that are common property, are required to be disclosed by law or are available in the public domain in Australia otherwise than by a breach of these Terms and Conditions.

Fees means the fees payable by the Client as set out in the proposal or scope of works and includes any Additional Fees.

Goods means the equipment and components supplied by ProCCTV to the Client and as described in the proposal or scope of works (including any Goods required as a result of any variation to the original scope of works).

Services means the provision of the Services outlined in the proposal/scope of works provided by Pro Enterprise Group Pty Ltd and may include Goods.

Standard Business Hours means the hours of 7am to 5pm Monday to Friday (excl public holidays in the Brisbane region).

Schedule of Rates means:

(a) Installation $130 per hour excl GST

(b) Commissioning $130 per hour excl GST

2. Provision of Services

2.1 ProCCTV will provide the Services to the Client on dates and times to be mutually agreed between the parties.

2.2 ProCCTV will provide the Services at the location specified in the proposal or scope of works, any works not expressed within the scope of works is deemed excluded and will be billed as per schedule of rates

2.3 The Client may request a variation of the Services by notice in writing to ProCCTV. If ProCCTV accepts such variation, ProCCTV will advise the Client of the date the variation will take effect. The Fees applicable to such Services will vary in accordance with the applicable schedule of rates for services of that type.

2.4 ProCCTV will perform the Services diligently, in accordance with the mutually agreed dates and times agreed between the parties and with all necessary skill expected in the provision of such Services.

2.5 ProCCTV will comply with all relevant statutory obligations and any applicable Australian Standards.

2.6 Work performed out of Standard Business Hours incur a surcharge of $50excl GST per hour above the rates in the Schedule of Rates.

3. Client obligations

3.1 The Client must provide access to the Client’s facilities or site at all reasonable times as reasonably requested by ProCCTV to enable ProCCTV to carry out the Services.

3.2 The Client must provide a safe and healthy environment for ProCCTV to provide the Services. In the event that ProCCTV deems the environment unsafe or unhealthy, the Client must work with and follow the directions of ProCCTV to bring the environment to the standard required by ProCCTV as soon as reasonably practicable.

3.3 Onsite waste management will be utalised to dispose of packaging & waste unless otherwise stated

3.4 Height access will be provided (scaffold or EWP) unless otherwise stated

3.5 Provision of Electrical Services unless otherwise stated

3.6 Locksmith & Door Automation is the responsibility of the client unless otherwise stated

3.7 The internet environment is the whole responsibility of the client unless provided by ProCCTV

3.8 Existing Cabling & Network infrastructure is the responsibility of the client, any significant corrective works are excluded from within this proposal unless otherwise stated

3.9 Patching, painting & rectification works unless otherwise stated

3.10 Onsite Parking unless otherwise stated

4. Goods

4.1 The Client will inspect all Goods on installation and, will, within 48 hours of installation, notify ProCCTV of any alleged shortage in quantity, damage or failure to comply with the scope of works (Defects).

4.2 If the Client believes the Goods or any part of the Goods are defective in any way, the Client will allow ProCCTV an opportunity to inspect the Goods within a reasonable time following installation.

4.3 If the Client does not notify ProCCTV of any defects in accordance with this clause, the Goods will be presumed to be free from Defects and the Client will not be permitted to make any claim against ProCCTV.

5. Services below the ground

5.1 Before any Services are undertaken and where appropriate, the Client shall clearly mark the exact location and identify all services above and below the ground at the site including, but not limited to drains, pipes, sewers, mains, telephone and data cables, to enable ProCCTV to prevent damage to all such services. These plans can be requested from the Dial before you Dig website at www.1100.com.au.

5.2 Should the Client fail to provide ProCCTV with the appropriate plans for the site, as specified the Client shall indemnify ProCCTV from any claim for costs, expenses or losses incurred should services be damaged.

6. Fees

6.1 We charge a minimum service fee of $350 (ex GST). For sites located more than 30 km from the Brisbane or Gold Coast CBD, time is charged for travel in one direction

6.2 The Client must pay the Fees in accordance with the schedule included in the proposal or scope of works.

6.3 The Client must pay the Fees when due and payable as provided for in an invoice issued by ProCCTV to the Client.

6.4 The Client acknowledges and agrees that where ProCCTV’s costs in connection with any quote increase as a result of the introduction of new, or changes to existing government taxes or charges the Client will be liable for such increases and any quote is provided subject to such variations.

6.5 The Client must pay interest on any outstanding Fees at a rate of 10% per annum, calculated daily.

6.6 ProCCTV may, at its sole discretion, suspend the provision of Services until all overdue Fees (including any applicable interest) are paid.

6.7 The Schedule of Rates may be varied from time to time by 14 days’ notice in writing to the Client.

6.8 Unless otherwise noted, the Schedule of Rates and Fees are exclusive of GST.

6.9 In the event that the client cancels the project, terminates the contract after acceptance, or requests deletions from the scope of work, a fee of no less than 30% of the original contract value will be charged. This fee compensates for costs incurred, work completed, and resources allocated in preparation and execution of the scope of works. Any deletions from the scope requested by the client will also be subject to a prorated fee based on the value of the removed scope, in addition to the minimum 30% cancellation fee if applicable.

Furthermore, any equipment ordered specifically for this project is strictly non-refundable, regardless of project status or scope adjustments.

7. Cancellation

7.1 The Client will reimburse ProCCTV for any costs, losses or expenses incurred by ProCCTV in the event that the Client cancels or varies an accepted quote or scope of works (Cancellation Fee).

8. Term and Termination

8.1 If ProCCTV becomes incapable of providing the Services through illness or otherwise, ProCCTV may terminate the Services by notice to the Client effective immediately.

8.2 ProCCTV may terminate the Services immediately without notice and without any right for the Client to claim damages of any kind if:

(a) the Client breaches these Terms and Conditions;

(b) the Client is in any way threatening, abusive, harassing, defamatory or acts in any similar way towards ProCCTV or its contractors;

(c) the Client becomes the subject of bankruptcy, administration, liquidation or winding up procedures or otherwise is or becomes or threatens to become insolvent;

(d) the Client becomes a person whose person’s estate is liable to de dealt with in any way under laws relating to mental health; or

(e) the Client ceases or threatens to cease to carry on business for any reason.

8.3 In the event that the Services are terminated in accordance with this clause, the Client must pay to ProCCTV any Fees due for Services performed up to the date of termination.

9. Retention of title

9.1 Notwithstanding delivery of the Goods or their installation, title in any particular Goods will remain with ProCCTV regardless of whether the Goods are on-sold by the Client, until all Fees are paid.

9.2 Where Goods have been on-sold by the Client, the Client will be taken to hold the proceeds of sale of such Goods upon trust for ProCCTV and to account to ProCCTV for those proceeds. Any payment made by or on behalf of the Client which is later avoided shall be deemed not to discharge ProCCTV’s title in the Goods nor the Client’s indebtedness to ProCCTV and in such an event, the parties are to be restored to the rights which each respectively would have had if the payment had not been made.

9.3 The Client acknowledges that it will be in possession of any Goods solely as bailee until all Fees are paid and until that time:

9.3.1 the Client must not encumber or otherwise charge the Goods; and

9.3.2 the Client shall be fully responsible for any loss or damage to the Goods whatsoever and howsoever caused following delivery or installation of the Goods to the Client.

9.4 The Client hereby irrevocably grants to ProCCTV the right, at its sole discretion, to remove or repossess any Goods from the Client and sell or dispose of them, where any Fees are not paid within the payment terms set out in the proposal or scope of works. ProCCTV will not be liable to the Client or any person claiming through the Client and ProCCTV will be entitled to retain the proceeds of any Goods sold and apply the same towards the Client’s indebtedness to ProCCTV.

9.5 If the Client commits an act of bankruptcy, enters into any form of administration or liquidation, makes any composition or arrangement with its creditors, ceases to carry on business or breaches any fundamental clause of this agreement, then the Contractor may, without prejudice to any other remedies it may have, repossess any Goods delivered to the Client on any account which has not been paid in accordance with these Terms and Conditions and commence proceedings to recover the balance of any monies owing the Contractor by the Client.

10. Warranty

10.1 Non-Excludable Statutory Guarantees

(a) Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL).

(b) For major failures with goods, you are entitled to a replacement or refund and compensation for any other reasonably foreseeable loss or damage.

(c) For major failures with services, you are entitled to cancel the service contract and to a refund for the unused portion, or to have the services re-supplied (or the cost of re-supply) at no extra charge.

(d) You are also entitled to have goods repaired or replaced—or services re-supplied—if they fail to be of acceptable quality and the failure does not amount to a major failure.

10.2 Disclaimer of Additional Warranties

Except as set out in clause 10.1 and the Voluntary Warranty in clause 10.3, and to the maximum extent permitted by law, ProCCTV disclaims all other warranties, representations and guarantees, whether express, implied, statutory or arising from custom or trade, including any warranty of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title or non-infringement.

10.3 ProCCTV Voluntary Warranty

(a) **Hardware replacement** – For any device with an invoiced value of AUD $1,000 (ex GST) or less, ProCCTV will replace the item (parts and labour) for the same period as the manufacturer’s warranty. For Ajax products this is 24 months; for Hanwha products up to 5 years, subject to their published exceptions.

(b) **Workmanship warranty** – All new installations are warranted against defects in installation workmanship for 3 years from practical completion.

(c) **Performance guarantee** – Systems will operate in accordance with the scope of works in your proposal. If performance falls short, ProCCTV will take all reasonable steps (including re-programming, repair or component replacement) to meet the agreed specification.

(d) **Lifetime remote support** – ProCCTV provides complimentary remote diagnostics and configuration support for the life of any system we deploy from 2025. On-site attendance beyond the coverage in paragraph (a) is chargeable at our then-current rates.

(e) **Geographic limit** – The parts-and-labour coverage in paragraph (a) applies to sites within a 30 km radius of the Brisbane GPO. Travel and accommodation outside this area are chargeable.

(f) **Exclusions** – This Voluntary Warranty does not cover:

(i) consumables (batteries, storage media, fuses);

(ii) faults caused by misuse, unauthorised modification, accident, lightning, flood, power anomaly or other external event;

(iii) failure to carry out recommended maintenance (e.g., lens cleaning, firmware updates);

(iv) products not supplied or installed by ProCCTV;

(v) third-party software, networks or internet connectivity.

(g) **Claim procedure** – To claim under this Voluntary Warranty you must, within a reasonable time of becoming aware of the fault:

(i) phone or text 0493 292 311 (which will create a service ticket);

(ii) email support@procctv.com.au with a description of the issue; and

(iii) provide a copy of the original invoice or proof of purchase.

10.4 Remedy Limitation

Where a valid claim is made under clause 10.3, ProCCTV’s sole obligation is, at its election, to repair, replace or re-supply the goods or services, or to pay the cost of doing so.

10.5 Goodwill Support for Systems Installed Prior to 19 December 2024

Products supplied by Pro Site Security Pty Ltd (ABN 84 656 626 292, formerly trading as ProCCTV) remain covered by that entity’s original 12-month voluntary warranty. As a gesture of goodwill, ProCCTV may provide up to 12 months’ discretionary on-site assistance from the date of installation, plus lifetime remote support, but reserves the right to withdraw this goodwill support if a claim is unreasonable or unworkable.:contentReference[oaicite:6]{index=6}

11. Limitation of liability

11.1 To the fullest extent permissible by law, ProCCTV is not liable (whether in contract or tort) for:

11.1.1 faults or defects in any services or Goods provided by third parties in connection with the Services; or

11.1.2 any indirect, special or consequential loss (including loss or corruption of data, loss of profits, revenue, goodwill, anticipated savings and business interruption) howsoever arising, whether or not ProCCTV knew of the possibility of such loss and whether or not such loss is foreseeable.

11.2 To the fullest extent permitted by law, the liability of ProCCTV for a breach of a non-excludable condition is limited to the supplying of the Services again or payment of the cost of having the Services supplied again.

11.3 ProCCTV warrants that it is appropriately qualified, competent and experienced to perform the Services.

11.4 ProCCTV does not warrant any result or objective can or will be achieved or attained from the Services at all during the term or otherwise, whether stated in these Terms and Conditions or elsewhere.

11.5 The Client warrants that ProCCTV and its employees, agents or contractors can at all times work under safe conditions, in accordance with the relevant health and safety regulations and environmental rules and shall indemnify and hold harmless ProCCTV against all loss, expenses or damage arising from or relating to this clause.

12. Indemnity

12.1 The Client indemnifies and holds harmless ProCCTV in respect of all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal fees on a full indemnity basis) in connection with any of the following:

12.1.1 any breach of these Terms and Conditions;

12.1.2 any negligent acts or omissions of the Client;

12.1.3 the Client’s use of the Services, including any third party claims made in connection with or arising out of the Client’s use of the Services, other than use in accordance with these Terms and Conditions; and

12.1.4 breach of third party Intellectual Property.

13. Confidentiality

13.1 Each party agrees to keep confidential, and not to use or disclose except as permitted by these terms and conditions, any Confidential Information of the other party. The Parties agree not to disclose these Terms and Conditions, or any details of the Fees. This obligation of confidence extends to Confidential Information obtained by a party before these Terms and Conditions were in force. Each Party shall refrain from making negative comments about the other Party whether online or in person.

13.2 Each party must take all steps and do all such things as may be necessary, prudent or desirable in order to safeguard the confidentiality of the Confidential Information of the other party.

14. Dispute Resolution

14.1 The parties agree to attempt in good faith to resolve any dispute regarding these Terms and Conditions through negotiation including negotiation with the assistance of an agreed mediator.

14.2 If the dispute or difference is not resolved to the satisfaction of the parties within 30 days, either party may request the matter to be heard by an arbitrator.

14.3 Arbitration shall be effected:

14.3.1 By an arbitrator agreed in writing by the parties; or

14.3.2 In the absence of any such agreement, by an arbitrator appointed in accordance with the provisions of the law relating to arbitration in force in the State of Queensland; or

14.3.3 By an arbitrator appointed by the National President for the time being of the Institute of Arbitrators Australia.

14.4 ProCCTV may pause the provision of the Services to conduct whatever investigations deemed appropriate and, within 90 days of the written notice, seek to resolve the dispute.

15. General

15.1 Any notice under these Terms and Conditions must be in writing, addressed to the other party’s contact person as notified by the other party.

15.2 These Terms and Conditions do not create a relationship of employment, agency or partnership between the parties.

15.3 ProCCTV may sub-contract its obligations under these Terms and Conditions.

15.4 ProCCTV will have no liability to the Client in relation to any loss, damage or expense caused by ProCCTV’s failure to complete the Work or to deliver the Goods as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, the inability of ProCCTV’s normal supplier’s to supply any necessary Goods or any other matter beyond ProCCTV’s control.

15.5 The failure of a party at any time to insist on performance of an obligation under these Terms and Conditions is not a waiver of any of its rights.

15.6 If part or all of the provisions of these Terms and Conditions are illegal or unenforceable, it will be severed from these Terms and Conditions and will not affect the continued operation of the remaining provisions.

15.7 ProCCTV may vary these Terms and Conditions from time to time. Any varied Terms and Conditions will apply to the Services that commences after the date that ProCCTV publishes the varied terms and conditions. The Client’s engagement of Services after that date signifies acceptance of the varied Terms and Conditions.

15.8 These Terms and Conditions are governed by the laws of Queensland and each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland.

15.9 These Terms and Conditions constitute the entire agreement of the parties as to the subject matter and supersede and cancel all prior arrangements, understandings and negotiations in connection with it. Any statement made in negotiations for these Terms and Conditions which is not set out in the Terms and Conditions do not form part of the agreement between the parties.