Terms & Conditions

STANDARD TERMS AND CONDITIONS

 1. DEFINITIONS & INTERPRETATION
1.1 Definitions
The following definitions apply in this agreement unless the context requires otherwise:
1.1.1 “Alarm Receiving Centre” means firm or corporation which monitors the Permaconn System;
1.1.2 “Business Day” means a day that is not a Saturday, Sunday or public in Sydney, Australia.
1.1.3 “Customer” means the entity who:
(a) markets, distributes and installs the Permaconn System; or
(b) monitors the Permaconn System as the Alarm Receiving Centre, or
(c) provides both services referred to in clause1.1.2(a) and (b) above;
1.1.4 “Commencement Date” means the date on which the Permaconn System is activated and the telecommunication
link between the End User’s premises and the Alarm Receiving Centre becomes operational;
1.1.5 “CSRU” means the Central Station Receiver Unit which is installed at the Alarm Receiving Centre and receives
transmissions from the Permaconn Unit;
1.1.6 “CSMU” means the Central Station Management Unit which is installed at the Alarm Receiving Centre and which
enables the retrieval of status information and control of transmissions from the Permaconn Unit;
1.1.7 “End User” means the person, entity or corporation who either purchases the Permaconn Unit from the Customer
or who contracts the Alarm Receiving Centre to monitor its premises utilising the Permaconn System;
1.1.8 “Initial Term” means 90 days calculated with effect from the Commencement Date;
1.1.9 “Keyholder” means a person, agency or authority which is authorised by the End User to be contacted in the
event of the alarm at the End User’s premises being set off;
1.1.10 “Permaconn System” means the alarm monitoring system provided by RDC in terms of this agreement, including
the Permaconn unit, the Sim Card, the CSRU and the CSMU which utilises the GPRS mobile telecommunication
network to link the End User’s premises to the Alarm Receiving Centre;
1.1.11 “Permaconn Unit” means the device that is installed at the End User’s premises;
1.1.12 “RDC” means Spectrum Electronic Systems Pty Ltd in its capacity as trustee of the Radio Data Comms Trust
(ABN 89 228 094 879) of 11/1 Millennium Court Silverwater NSW 2128;
1.1.13 “Services” means the alarm monitoring services provided by RDC utilising the Permaconn System;
1.1.14 “SIM Card” means the detachable smart cards contained in the Permaconn unit, the CSRU and the CSMU.
1.2 Interpretation
Unless a contrary intention clearly appears-
1.2.1 words importing;
(a) the singular include the plural and vice versa; and
(b) natural persons include created entities (corporate or unincorporate) and the government and vice versa;
1.2.2 When any number of days is prescribed in this agreement, same shall be calendar days;
1.2.3 Any headings used herein are for convenience in reference only and are not a part of this agreement, nor shall
they in any way affect the interpretation hereof;
1.2.4 the word "including" or "includes" means "including but not limited to" or "including without limitation"; and
1.2.5 The rule of construction that the contract shall be interpreted against the party responsible for the drafting or
preparation of the agreement, shall not apply.

2. THE PERMACONN SYSTEM
2.1 The Permaconn System is designed to reduce the risks of loss or damage to the End User’s property or the
property of others located on the End User’s premises utilising the Permaconn System. However, RDC does not
guarantee that the Permaconn System cannot be removed, tampered with or made to stop working by the End
User or the Customer or by any unauthorised person, that particular losses or injuries will be prevented by using
the Permaconn System, that the Permaconn System will work continuously and without errors, including where
interruptions or errors are due to something beyond RDC’s reasonable control or that the Permaconn System, like
all mechanical and electronic devices will not develop faults.
2.2 RDC does not know the value of the End User’s personal safety, premises or its contents or the property of others
located on the End User’s premises and the Customer’s liability to the End User. The purpose of this agreement is
not to act as insurer for the Customer in respect of the End User’s personal safety, premises or its contents or the
property of others located on the End User’s premises or for any loss, claim or liability which the Customer may
suffer pursuant to providing the Permaconn System to the End User.
2.3 The amount paid under this agreement is based upon the services RDC performs and the limited liability RDC
assumes under this agreement, and is unrelated to the value of the End User’s property or the property of others
located on the End User’s premises or for any loss, claim or liability which the Customer may suffer pursuant to
providing the Permaconn System to the End User. Subject to the provisions of this agreement and to the
maximum extent allowed by law, in the event of any loss or injury to any person or property, the Customer agrees
to look exclusively to its insurer to recover damages and waives all subrogation and other rights of recovery
against RDC that any insurer or other person may have as a result of paying any such claim, loss, liability or injury.

3. CUSTOMER’S OBLIGATIONS
The Customer must:
3.1 if it is an Alarm Receiving Centre:
3.1.1 provide RDC with access to its premises so that RDC may install the CSRU and CSMU and remove same after
this agreement has expired or is terminated;
3.1.2 maintain a dedicated power supply to each part of the CSRU and CSMU;
3.2 provide information about the End User, the End User’s premises and any other relevant information to enable
RDC to provide the Services. The Customer must advise RDC of any changes to this information;
3.3 install and operate the Permaconn System according to the relevant Australian Standards and specifications and
any instructions and information which RDC provides or advises the Customer of from time to time;
3.4 immediately inform RDC:
3.4.1 of any defect or fault in the Permaconn System;
3.4.2 if anyone tampers with the Permaconn System;
3.4.3 if the Permaconn System is damaged or stolen; or
3.4.4 if the Permaconn System has been subjected to any unusual operating or environmental conditions;
3.5 must not move or interfere with or attempt to repair the Permaconn System or allow others to do so;
3.6 must not transfer or assign any of its rights or obligations under this agreement.

4. RDC’S OBLIGATIONS
4.1 RDC accept that it must make sure that the Permaconn System is of merchantable quality, is suitable for the
purpose set out in this agreement.
4.2 RDC is not liable for:
4.2.1 losses due to the acts or omissions of any other person including the Customer, End User, telecommunications
network providers, other authorities or third parties.
4.2.2 delays, interruptions or suspensions in providing the Services, which are due to any other person (including the
Customer or the telecommunication providers), thing or event which RDC could not reasonably be expected to
prevent.
4.2.3 losses resulting from:
(a) the police, fire or other authority or party, including a Keyholder failing to act in accordance with an
emergency response or the alarm being set off;
(b) a signal transmitted from the Permaconn Unit to the Alarm Receiving Centre not being received by the
Alarm Receiving Centre for reasons beyond their control;
(c) a loss of power supply to any part of the Permaconn System; or
(d) any other cause beyond RDC’s reasonable control and not caused by its lack of reasonable care,

5. PRICE AND PAYMENT
5.1 RDC will invoice the Customer for the fees and services as specified in any proposal or quotation or as provided
under this agreement. All amounts referred to in this agreement or any proposal or quotation are exclusive of any
taxes unless indicated otherwise.
5.2 All invoices are due and payable by the Customer to RDC within 30 days of the invoice date, without set-off,
deduction or deferment on account of any claim or counterclaim.
5.3 All amounts not paid within 30 days of the invoice date will bear interest at the lesser of the maximum amount
allowed by law or one and one-half percent (1.5%) per month. If any amount becomes overdue, then all amounts
recorded on the Customer’s account are deemed to be immediately due and payable. The Customer must pay all
costs and expenses (including all legal costs) which may be incurred by RDC in recovering overdue amounts.
5.4 After the Initial Term, RDC can increase the charges to cover any increase in the cost of providing the Services.
RDC will advise the Customer in writing, 14 days prior to such increase being effective.
5.5 If the Customer does not agree to such increase in the charges, the Customer must within 7 days after receipt of
the notice referred to in clause 5.4 terminate this agreement by giving 90 days notice in writing to RDC. Until the
end of that 90 day notice period, the Customer will still have to pay the charges for the Services without the
increase and RDC will continue to provide the Services.
5.6 The Customer must also pay RDC extra charges at its current rates for labour and materials, where the following
apply:
5.6.1 faults to the Permaconn System have been caused by the Customer or any other person, thing or event which
RDC could not reasonably be expected to prevent,
5.6.2 any replacements, repairs or modifications to the Permaconn System not covered by the warranty or are needed
as a result of a change in a relevant standards or regulations governing the Permaconn System or the Services.
5.6.3 The Permaconn System needs inspecting, resetting, reprogramming, repairing or replacing in circumstances
where:
(a) the Customer or any other person has failed to follow operating instructions or has interfered with the
Permaconn System;
(b) the Customer, or equipment or devices which RDC has not supplied have caused a false alarm or a failure
of the Permaconn System;
(c) the Customer’s actions or failures, or those of any other person other than RDC, require RDC to inspect or
make repairs or replace any part of the Permaconn System;
(d) adverse weather conditions cause damage to or activation of the Permaconn System.

6. TERMINATION OR SUSPENSION
6.1 Except as otherwise provided for in this agreement, either party may terminate this agreement by giving the other
party at least 90 days notice in writing at any time.
6.2 Either party may terminate this agreement immediately on notice in writing to the other if RDC cannot arrange or
keep the telecommunications facilities needed to transmit the signals between End User’s premises and the Alarm
Receiving Centre.
6.3 If the Customer fails to make payment in accordance with clause 5, RDC may immediately terminate this
agreement or suspend the Services provided under this agreement, on notice in writing to the Customer and in
respect of a suspension, for a period RDC considers appropriate. RDC will have no responsibility during the period
of suspension. If this agreement is suspended, RDC will inform the Customer in writing upon the lifting of such
suspension.
6.4 Except as otherwise provided for in this agreement, either party (“Aggrieved Party”) may terminate or suspend this
agreement if the other party:
(a) commits any material breach of this agreement which is not remedied within 30 days of notice from the
Aggrieved Party.
(b) commits an act which is or would be an act of insolvency, or if a receiver, receiver and a manger, liquidator,
administrator, trustee or similar official is appointed over its assets or business; or
(c) enters into or proposes to enter into an arrangement, composition, or compromise with its creditors or any
class of them, or there is declared by a competent court or authority, a moratorium on the payment of
indebtedness by either party or other suspension of payment generally; or
(d) ceases to carry on business,
6.5 RDC’s responsibility and liability under this agreement immediately ceases if this agreement expires or terminates
or if the Services are suspended under clause 6.3.
6.5.1 If this agreement expires or is terminated:
6.5.2 RDC will cease providing the Services;
6.5.3 The Customer must immediately deliver or procure the delivery of the Permaconn System, or any part of the
Permaconn System to RDC;
6.5.4 all amounts owing to RDC will become immediately due and payable.

7. RETENTION OF OWNERSHIP
7.1 Unless otherwise agreed in writing by RDC, no legal or equitable title to the Permaconn System passes to the
Customer.
7.2 Until the legal and equitable title to the Permaconn System passes to the Customer, the Customer:
7.3 holds the Permaconn System as bailee of RDC returnable at the will of RDC and without prior demand of RDC;
7.4 without limiting clause 7.2.1, on demand by RDC, must immediately deliver or procure the delivery of the
Permaconn System, or any part of the Permaconn System to RDC;
7.5 authorises RDC to enter the premises where the Permaconn System are stored for the purposes of taking
possession of them; and
7.6 The Customer hereby indemnifies RDC for any damage arising in connection with the recovery of possession of
the Permaconn System or any part of the Permaconn System by RDC.

8. WARRANTIES
8.1 RDC warrants that the Permaconn System supplied are free of defects in materials and workmanship for a period
of 24 months from the Commencement Date.
8.1.1 RDC shall be relieved of all obligations in terms of this clause, if:
8.1.2 repairs or modifications to the Permaconn System have been made by persons other than RDC, unless such
repairs or modifications are made with the prior written consent of RDC;
8.1.3 the Permaconn System has not have been operated or maintained in accordance with RDC’s instruction, or under
normal use; or the Permaconn System was not properly installed.
8.1.4 incorrect adjustment by the Customer or others of any part of the Permaconn System;
8.1.5 consumable items of all kinds failing. Consumables are items with a finite life such as batteries, communication
chips,
8.1.6 work carried out by any telecommunications agency or other party.
8.1.7 the provisions of clauses 3 and 4.2 are not complied with.
8.2 RDC accepts liability for all warranties implied under the Trade Practices Act 1974 or any other legislation the
effect of which cannot be excluded. Save as provided in this agreement, all assurances, warranties and conditions
implied by law that are capable of exclusion and would, apart from this provision, from part of these terms, are
expressly excluded. Except where by legislation liability may not be limited, or where a limitation of liability would
otherwise render RDC liable to a penalty, RDC’s liability for breach of terms which cannot be excluded is limited in
accordance with the provisions of clause 8.4.
8.3 Neither party shall be liable to the other for loss of profit, income or saving or for any indirect, consequential or
special damages regardless of whether the liability is based on a claim for negligence, indemnity, breach of
contract, tort, misrepresentation or any other basis. In no event shall RDC’s liability under this agreement or any
transaction contemplated by this agreement exceed the total amount paid to RDC by the Customer under this
agreement during the previous six months. The Customer hereby releases RDC from all obligations, liability,
claims or demands in excess of the limitation.

9. FORCE MAJEURE
9.1 Neither party shall be in default under this agreement by reason of any failure or delay in the performance of any
obligation under this agreement where such failure or delay arises out of any cause beyond the reasonable control
of such party. Such causes include, without limitation, storms, floods, other acts of nature, fires, explosions, riots,
war of civil disturbance, strikes or other labour unrests, embargoes and governmental actions or regulations that
would prohibit either party from providing the Services or from performing any other aspects of the obligations
under this agreement.

10. GST
10.1 A party must pay GST on a Taxable Supply made to it under this agreement to any consideration (excluding GST)
that is payable for that Taxable Supply. It must do so at the time and in the same way as it is required to pay
consideration for the Taxable Supply.
10.2 A party making a Taxable Supply to another party under this agreement must issue a Tax Invoice to the other
party, setting out the amount of the GST payable by that other party.
10.3 For the purposes of clause 10 “GST”, “Input Tax Credit”, “Taxable Supply” and “Tax Invoice” have the meanings
attributed to those terms in A New Tax System (Goods and Services Tax) Act 1999.

11. REPRESENTATIONS
11.1 The parties represent and warrant to each other that at any time during the continuance of this agreement:
11.1.1 each party has full power to perform any business activity contemplated by this agreement;
11.1.2 each party has procured any consent for the execution and performance of this agreement;
11.1.3 the execution or performance of this agreement by any party does not and will not contravene any provision of the
constitution of that party or any law or agreement binding on that party.

12. NOTICES
12.1 A notice, demand, consent, approval or communication under this agreement (Notice) must be:
12.1.1 in writing and signed by a person duly authorised by the sender; and
12.1.2 hand delivered or sent by post to the recipient's registered address or principal place of business, as varied by any
Notice given by the recipient to the sender.
12.1.3 A Notice given in accordance with clause 12.1 takes effect when taken to be received (or at a later time specified
in it), and is taken to be received:
12.1.4 if hand delivered, on delivery;
12.1.5 if sent by post, 2 Business Days after the date of posting;
but if the delivery is not on a Business Day or is after 5.00pm on a Business Day, the Notice is taken to be
received at 9.00am on the next Business Day.

13. GENERAL
13.1 It is agreed and understood that the basis upon which RDC does business with the Customer is that,
notwithstanding anything contained to the contrary in any other documentation or discussion, including any
invoice, delivery note or Customer enquiry, the terms and conditions contained in this agreement shall operate in
respect of any and all business between the Customer and RDC.
13.2 The Customer is an independent contractor and nothing in this agreement shall create, or be deemed to create, a
partnership or the relationship of principal and agent or employer and employee between the parties.
13.3 If a provision of this agreement is invalid or unenforceable in a jurisdiction it is to be read down or severed in that
jurisdiction to the extent of the invalidity or unenforceability and it does not affect the validity or enforceability of
that provision in another jurisdiction or the remaining provisions.
13.4 A waiver by a party of a provision or of a right under this agreement is binding on the party granting the waiver only
if it is given in writing and is signed by the party or an officer of the party granting the waiver. A waiver is effective
only in the specific instance and for the specific purpose for which it is given. A single or partial exercise of a right
by a party does not preclude another or further exercise or attempted exercise of that right or the exercise of
another right. Failure by a party to exercise or delay in exercising a right does not prevent its exercise or operate
as a waiver
13.5 The termination of this agreement will not release either party from its obligations under clauses 2, 4, 6.6, 7, 8 and
9 or which by its nature must survive termination or in respect of any accrued rights.
13.6 Except as otherwise provided for under this agreement, this agreement may be amended only by a document
signed by all parties.
13.7 This agreement together with any documents referred to in this agreement or executed in connection with this
agreement is the entire agreement of the parties about the subject matter of this agreement.
13.8 Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South
Wales and waives any claim or objection based on absence of jurisdiction or inconvenient forum.
13.9 This agreement is governed by the laws of New South Wales.

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Terms & Conditions – Permaconn Rewards Promotion

• Prizes will not be transferable, exchangeable or redeemable for cash.
• Radio Data Comms Pty Ltd reserves the right to substitute prizes of equal value should the prizes shown become unavailable.
• All entries must have been purchased between 1/10/09 and 31/12/09 on Permaconn PM1020 and PM2020 units only.
• Entries will be accepted up until 6:00pm on 31/12/09.

Permaconn Rewards will be allocated based on the following:

• One (1) Permaconn PM1020 unit = One (1) reward point
• One (1) Permaconn PM2020 unit = One (1) reward point
• Points will be allocated to the registered ABN holder business.
• Points can be redeemed at any time during the campaign. Companies will be notified of any unredeemed points by either email or phone and must they be redeemed within two months of the closing date (31/12/09).
• A company’s points tally can be accessed at any time during the campaign by contacting Radio Data Comms Pty Ltd. In addition, statements will be sent out during the promotion.
• A capped maximum of 500 points per company per month is applicable for the “Permaconn Rewards” campaign. Points are calculated based on the invoice date of when the Permaconn product is purchased.
• ‘Permaconn Rewards’ only applies to registered ABN holder businesses within Australia.

Disclaimer
Radio Data Comms Pty Ltd has compiled the information contained in this site in good faith and has attempted to ensure it is accurate at the time of inclusion. However, it is provided ‘as is’ and may contain errors or may not be current at the time accessed.

As between you and Radio Data Comms Pty Ltd, Radio Data Comms Pty Ltd owns all copyright in the site and all contents, layout and applets in the site, and such material may be accessed, downloaded or printed for personal use, to inform others about Permaconn and Permaconn products, but otherwise must not be reproduced or modified without prior permission. You may not remove or alter any copyright notice which appears on the site.

To the maximum extent permitted by law, all warranties in respect of the contents of this site and in respect of any site accessed from this site (each a linked site), are excluded. Radio Data Comms Pty Ltd does not have any control over the content of any linked sites and information on such sites does not represent the views of Radio Data Comms Pty Ltd. Radio Data Comms Pty Ltd excludes to the maximum extent permitted by law any liability whatsoever as a result of reliance on, or usage of, information contained in this site or any linked site. This site is intended for residents of Australia only. Use of this site is governed by the laws of New South Wales, Australia.

Privacy Policy
Radio Data Comms Pty Ltd distributors of Permaconn respects your privacy. We are bound by the National Privacy Principles in the Privacy Act 1988 (Privacy Act).

We collect personal information when we provide our goods or services to you or a customer or client requires us to collect information on their behalf. Generally, if appropriate, we will tell you why we are collecting personal information and how we plan to use it or these things will be obvious when we collect the information.

We usually collect personal information such as contact details, job title or position. As a general rule we do not collect sensitive information. However, if we do, it will usually be for the purposes of providing our services and, if the law requires us to, we will collect it with your consent.

We use your information to provide and market our goods and services and to enhance and develop our relationship with you. We may share your information with other members of the Radio Data Comms Pty Ltd, including those who are located outside Australia.

You are not required to provide us with any personal information when visiting our website. However, sometimes we need to collect your information from our website to provide services that you request. For example, when you request information from us about our products or promotional offers.
When you visit our website, or download information from it, our Internet Service Provider, Connect.com, makes a record of your visit and records the following information: your internet address, your domain name if applicable, the date and time of your visit to the website, the pages you accessed and documents downloaded, the previous website you have visited and the type of browser you are using. This information is only used for statistical and website development purposes.

We make limited use of cookies on our website. We only use cookies to improve the functionality of our website, not to store any of your personal information.

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When cookies are used on this site, they are used to store information relating to your visit such as a unique identifier, or a value to indicate whether you have seen a web page. They are used to distinguish your Internet Browser from the thousands of other browsers. This site will not store personal information such as email address or other details in a cookie.

Most Internet browsers are set up to accept cookies. If you do not wish to receive cookies, you may be able to change the settings of your browser to refuse all cookies or to notify you each time a cookie is sent to your computer, giving you the choice whether to accept it or not.

Radio Data Comms Pty Ltd may disclose your information to service providers, agents, contractors and strategic partners from time to time to help us to provide and market our services to you. If we do this we generally require these parties to protect your information in the same way we do.
We will handle personal information relying on the employee and the related bodies corporate exemptions in the Privacy Act, where these exemptions are applicable.

We use a variety of physical and electronic security measures including restricting physical access to our offices, firewalls and secure databases to keep personal information secure from misuse, loss or unauthorised use or disclosure.

The Internet is not a secure environment. If you send us information, including your email address, it is sent at your own risk.

You have a right to access most personal information we hold about you. Please contact us to ask for access to your information or if you have a complaint concerning your information privacy. We may deny your request in some circumstances, if we do this we will tell you why.

If you would like more information about our approach to privacy please contact us at:

Radio Data Comms Pty Ltd
5/20-30 Stubbs Street,
Silverwater, NSW 2128 Australia
Telephone: (02) 9352 1777