DEFENSOR SECURITY SYSTEMS – TERMS OF SERVICE
Effective Date: 1 March 2025
1. Introduction and Acceptance of Terms
Welcome to Defensor.com.au (referred to as “Defensor”, “we”, “us”, or “our”). These Terms of Service (“Terms”) govern your access to and use of our website and all services we offer. By accessing our website, requesting a quote, issuing a purchase order, paying any deposit, allowing Defensor to commence Services, or otherwise using our services, you (“you” or “Client”) agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our website or services.
We may update or modify these Terms from time to time to reflect changes in our services or for legal reasons. If we make significant changes, we will provide notice by updating the “Effective Date” at the top of this document and, if feasible, by additional means (such as a notice on our homepage or via email). By continuing to use the website or our services after changes to the Terms, you agree to the revised Terms. We encourage you to periodically review these Terms for the latest information on your rights and obligations.
2. Definitions and Interpretation
2.1 “Defensor,” “we,” “us,” or “our” refers to Defensor Security Systems & CCTV, ABN 83 651 795 890, based in Daisy Hill QLD, Security Advisor & Installer Licence #4834434, ASIAL #42489.
2.2 “Client,” “you,” or “your” means the individual, company, body corporate, or entity who accesses our Site, requests a quote, purchases goods or services from Defensor, or otherwise uses our Services.
2.3 “Goods” means all security equipment, hardware, and materials supplied by Defensor.
2.4 “Services” means all security consultations, installation of security camera (CCTV) systems, alarm systems, fogging systems, intercom and access control systems, Wi-Fi assessments, after-sales support, maintenance, advisory, call-out, support, or any other related security or information technology services offered through our website or by our company.
2.5 “Site” or “Website” refers to the Defensor.com.au website, including all content and features available at that domain.
2.6 “Agreement” means these Terms of Service, together with any written Quote or Proposal accepted by the Client.
3. Scope of Services and Quotations
3.1 Defensor will provide Goods and Services as outlined in our written Quote or Proposal. Our core offerings include, but are not limited to: * Security Camera (CCTV) Installation * Alarm System Installation * Fogging Security Systems * Intercom and Access Control Systems * Wi-Fi Assessments and Network Security * Consultation and Support
3.2 Variations, additions, or omissions to the agreed scope must be confirmed in writing and may incur additional costs.
3.3 All Quotes are valid for 30 days from the date of issue, unless otherwise stated.
3.4 The Client must ensure Defensor is given accurate site information. Any unforeseen site issues (such as hazardous materials, structural obstacles, access limitations, or unsuitable existing wiring/infrastructure) may result in revised pricing or delays.
4. Pricing, Payment, and Retention of Title
4.1 All prices are in Australian Dollars (AUD) and include GST unless otherwise stated.
4.2 Payment is due in full upon acceptance of Quote, unless otherwise agreed in writing. Progress or staged payments may be required for larger projects.
4.3 Invoices must be paid by the due date specified. Late payments may incur interest at 2% per month, calculated daily, plus reasonable debt recovery/legal costs.
4.4 Ownership of Goods remains with Defensor until all amounts owed (including fees, interest, and costs) are paid in full. If payment is overdue, Defensor may recover or disable Goods, including by restricting remote access or management, as legally permitted.
5. Delivery, Installation, and Site Access
5.1 The Client must provide safe, timely, and reasonable access to all areas required for delivery, installation, or maintenance.
5.2 Delays or extra costs caused by restricted access, unprepared sites, or required waiting time may be charged to the Client.
5.3 Defensor complies with all workplace health and safety (WHS) requirements, but the Client is responsible for informing Defensor of known hazards and ensuring the general safety of the site.
5.4 Defensor assumes existing wiring, infrastructure, and power supply on site are suitable for the installation of new Goods unless otherwise specified in the Quote. Any remediation required due to unsuitable existing infrastructure will be an additional cost and may cause delays.
6. Warranties and Guarantees
6.1 Hardware Warranty: Defensor provides a 3-year manufacturer’s warranty on all new hardware supplied and installed, subject to the manufacturer’s terms and limitations.
6.2 Workmanship Guarantee: Defensor guarantees its installation work for 5 years from the date of completion, covering defects arising directly from faulty or negligent installation.
6.3 Exclusions: Warranties do not cover: * Damage caused by misuse, neglect, vandalism, unauthorised modifications, or third-party tampering. * Environmental/external factors beyond Defensor’s control (e.g., storms, lightning, floods, power surges, vermin). * Normal wear and tear, including but not limited to battery degradation over time, cosmetic blemishes not affecting functionality, or minor operational noise within manufacturer specifications, or hard drive failure beyond manufacturer coverage. * Client-supplied or third-party equipment, or systems not supplied by Defensor. * Failure to follow Defensor’s care or maintenance instructions.
6.4 How to Claim: Warranty claims must be submitted in writing with proof of purchase and a description of the issue.
6.5 Australian Consumer Law: These warranties apply in addition to, not instead of, your rights under Australian Consumer Law (ACL). Nothing in these Terms excludes, restricts, or modifies your statutory rights.
7. Client Responsibilities
7.1 The Client must ensure suitable access and a safe working environment for Defensor’s staff and subcontractors.
7.2 The Client is responsible for: * Maintaining passwords, access codes, and system security. * Promptly reporting any faults or issues. * Ensuring only authorised persons alter, repair, or adjust the installed system. * Ensuring their own property and contents insurance is adequate and current. * Backing up and managing all system footage and data (unless otherwise agreed in writing).
7.3 The Client is responsible for obtaining all necessary permits, strata/body corporate, landlord, or regulatory approvals before installation. Defensor is not liable for delays or additional costs due to missing permissions.
7.4 User Obligations: By using our Site or Services, you agree that you will: * Provide Accurate Information: Provide accurate, current, and complete information about yourself (and your property, if requesting services) when filling out forms or communicating with us. If you create an account or submit contact details, you are responsible for maintaining the confidentiality of any login credentials and for all activities that occur under your account. * Authorization: Ensure that you have the legal authority to engage our Services. If you are requesting services on behalf of a company or another person, you warrant that you have the authority to bind that entity to these Terms. * Cooperation: Cooperate with us as reasonably needed to deliver Services.
8. Use of the Website and Acceptable Use Policy
8.1 We grant you a limited, non-transferable, non-exclusive license to access and use our Site for personal or internal business purposes – for example, to learn about our Services, request quotes, or communicate with us. Your use of the Site must comply with these Terms and all applicable laws. You agree to use Defensor.com.au and our Services only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Site by, any third party.
8.2 Acceptable Use Restrictions: You must not misuse our Site or Services. In particular, you agree not to: * Interfere or Disrupt: Attempt to interfere with the proper working of the Site or our systems. This includes not introducing viruses, malware, or any other harmful code, and not engaging in activities that impose an unreasonable or disproportionately large load on our infrastructure (such as denial-of-service attacks or excessive automated scraping of content). * Illegal or Prohibited Activities: Use the Site or Services for any unlawful purpose or in any way that violates any local, state, national, or international law or regulation. This includes refraining from using any security products or installations we provide for unlawful surveillance or any other illegal activities. * Unauthorized Access: Attempt to gain unauthorized access to any portion of our Site, our servers, other users’ accounts, or any systems or networks related to the Site. You also agree not to probe, scan, or test the vulnerability of our systems or networks without permission. * Impersonation and False Information: Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity when interacting with us. You must not provide false or misleading information when requesting services or support.
9. Limitation of Advice and System Capabilities
9.1 Defensor provides recommendations and advice in good faith regarding system selection and configuration. However, we do not guarantee that any system or configuration will prevent all loss, theft, or unauthorised entry. The Client remains solely responsible for assessing their specific security risks and determining if the system meets their own risk profile, insurance requirements, and compliance obligations.
10. Limitation of Liability and Indemnity
10.1 To the extent permitted by law, Defensor’s liability is limited to, at its option: (a) the cost of supplying Goods or Services again; (b) repair or replacement of Goods; or (c) payment of the cost of resupply or repair.
10.2 Defensor is not liable for indirect, incidental, special, or consequential loss (including lost profit, data loss, or business interruption) even if advised of the possibility.
10.3 Defensor is not liable for failure of third-party components, software, apps, cloud services, or remote access platforms.
10.4 The Client indemnifies Defensor against all claims, loss, or damage arising from the Client’s own negligence, breach of contract, misuse of Goods, or failure to comply with these Terms.
10.5 To the maximum extent permitted by applicable law, Defensor (including our directors, employees, contractors, and agents) will not be liable for any indirect, incidental, special, consequential, or exemplary damages of any kind, or for any loss of profit, loss of revenue, loss of anticipated savings, loss of data, loss of goodwill, or other intangible losses, arising out of or related to your use of (or inability to use) the Site or our Services. This limitation applies regardless of the cause of action (whether in contract, tort, negligence, strict liability, or any other legal theory) and even if we have been advised of the possibility of such damages.
10.6 To the extent we are found liable for any claim or demand notwithstanding the above exclusion, you agree that (except where prohibited by law) our total aggregate liability for all claims arising out of or relating to these Terms, the Site, or the Services provided, is limited to the lesser of: (a) the amount actually paid by you to Defensor for the specific Service or product that directly gave rise to the claim; or (b) AUD $100. If the claim is related to your use of the free aspects of our Site (where no specific payment was made by you), our liability in that case will be capped at AUD $100. This limitation is cumulative and not per-incident (multiple claims will not expand the cap).
10.7 Release: Except for liability that we cannot exclude or limit by law, you release Defensor and our officers, employees, contractors, and agents from any and all liability, claims, and damages arising out of or in connection with your use of the Site or our Services. This release applies to any loss or damage you may suffer, to the extent permitted by law, and is intended to cover all rights or claims (if any) that can be legally waived or released.
11. Call-Outs, Support, and Remote Access
11.1 Service call-outs, remote support, or repairs caused by user error, third-party interference, environmental damage, or issues not covered by warranty may incur additional charges, including after-hours or emergency rates.
11.2 If any amounts remain unpaid, Defensor may withhold or suspend access codes, remote management, documentation, or support services to the extent permitted by law.
12. Security Footage, Data, and Backups
12.1 Defensor does not provide ongoing data storage, backup, or retrieval of CCTV footage or system data, unless a separate managed service agreement is in place.
12.2 The Client is solely responsible for ensuring adequate data backup, retention, and compliance with privacy or evidentiary requirements.
13. Client-Supplied Equipment
13.1 If the Client requests installation of equipment not supplied by Defensor, Defensor offers no warranty or liability for performance, defects, or compatibility, and reserves the right to charge additional fees for troubleshooting or integration.
14. Insurance
14.1 The Client is responsible for maintaining property and public liability insurance covering risks including system downtime, failure, or damage. Defensor’s liability does not extend to the Client’s uninsured losses.
15. Intellectual Property
15.1 All intellectual property rights in all content on Defensor.com.au, including but not limited to text, graphics, logos, icons, images, audio clips, videos, and website design elements (collectively, “Content”), are owned by or licensed to Defensor and are protected by copyright, trademark, and other intellectual property laws. “Defensor”, “Defensor Security”, and associated logos are trademarks or registered trademarks of our company.
15.2 All intellectual property, designs, documents, manuals, and software provided by Defensor in the course of providing Services remain Defensor’s property unless otherwise agreed.
15.3 The Client receives a limited, non-transferable licence to use such materials and Content only as intended with the installed Goods and for personal or internal business purposes when evaluating or using our Services. Any copies of the Content must retain all copyright and proprietary notices.
15.4 Restrictions: Unless expressly permitted by us in writing or allowed by law, you must not: * Use any Content from the Site or any materials provided for commercial purposes (for example, by redistributing it, or using it to promote a business that is not Defensor). * Modify, translate, adapt, or create derivative works based on any Content on the Site or any materials provided. * Use any of our trademarks, logos, or branding without our prior permission in a way that suggests an affiliation or endorsement by us. * Engage in “framing” or “mirroring” of any part of the Site on any other website or server, or use metatags or hidden text using our name or trademarks, without our express written consent.
15.5 User-Submitted Content: If you submit any content to us or through the Site (for example, feedback, testimonials, or comments), you grant Defensor a worldwide, royalty-free, perpetual license to use, reproduce, modify, adapt, publish, and display that content for the purpose of operating, promoting, or improving our services. You represent that you have all necessary rights to any content you submit and that such content does not infringe any third-party rights or violate any laws. We reserve the right (but have no obligation) to monitor, edit, or remove any user-submitted content that violates these Terms or applicable laws.
16. Photography, Marketing, and Social Media
16.1 Defensor may photograph or record installed systems (excluding images of occupants or personal identifiers) for quality assurance, warranty, or marketing purposes, unless the Client objects in writing.
16.2 Defensor may, from time to time, publish images of completed works, including exterior images of client properties, on its website or social media platforms for marketing or educational purposes. No addresses, identifying information, or personal details will be disclosed. If the Client does not wish images of their property to be used in this way, they must notify Defensor in writing before completion of the installation.
17. Confidentiality and Privacy
17.1 Both parties must keep confidential any non-public information received in connection with this Agreement, except as required by law or with written consent.
17.2 Your privacy is important to us. Our collection and use of personal information in connection with the Site and our Services are described in our Privacy Policy (available on our website at [Insert Website Link to Privacy Policy]). By using our Site or Services, you consent to the collection, use, and disclosure of your personal data as outlined in these Terms and our Privacy Policy. We will handle your personal information in compliance with applicable Australian privacy laws, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles, as well as any relevant Queensland privacy regulations.
18. Subcontracting
18.1 Defensor may engage licensed subcontractors to perform all or part of the Services. Defensor remains responsible for their work, subject to these Terms.
19. Variations, Cancellations, and Refusal of Service
19.1 Changes to the scope of work must be agreed in writing and may result in revised pricing or scheduling.
19.2 Cancellations within 24 hours of a scheduled job, or after Goods have been procured, may incur a cancellation fee and any non-recoverable costs.
19.3 Decommissioning, removal, or disposal of old equipment is not included unless specified in the Quote and may incur additional charges.
19.4 We reserve the right to decline a service request or cancel a service agreement (with appropriate notice and a refund of any payment for undelivered services) if: (a) fulfilling the request would violate any applicable law or regulation; (b) unexpected conditions at the site make the job unsafe or unfeasible (for example, undisclosed structural issues or hazards); or (c) you fail to meet a material obligation (such as not paying a required deposit or not providing access to the site on the scheduled date). We will communicate with you about any issues and attempt to find a solution before cancellation.
20. Force Majeure
20.1 Defensor is not liable for delay or failure to perform due to events outside reasonable control (including severe weather, fire, flood, pandemic, industrial action, supplier failures, or government directives).
20.2 If a force majeure event causes a delay impacting project costs, Defensor reserves the right to revise pricing to cover actual and reasonable increased costs incurred due to the delay, which will be communicated in writing to the Client. If the event continues for more than 90 days, either party may terminate by written notice. The Client must pay for all Goods and Services supplied and costs reasonably incurred by Defensor up to the point of termination.
21. Ongoing Services, Monitoring, and Maintenance
21.1 Unless explicitly stated in a separate written agreement (such as a managed service agreement), the initial Goods and Services provided by Defensor cover only the supply and installation as per the agreed Quote.
21.2 Ongoing monitoring, cloud storage, regular preventative maintenance, system health checks, remote support (beyond warranty claims), and advanced technical support are separate services that require a distinct service agreement and associated fees. Without such an agreement, the Client is responsible for their own system upkeep, data management, and monitoring.
22. System Handover and Training
22.1 Upon completion of the installation, Defensor will provide basic operational training on the installed system. This training will typically be limited to a reasonable duration (e.g., up to 1 hour).
22.2 Additional training or refresher sessions may be available at an extra cost. Defensor will also provide relevant user manuals or links to online resources where available.
23. Compliance with Standards
23.1 Defensor ensures that all Goods supplied and Services provided comply with relevant Australian Standards for security installations and applicable building codes.
24. Returns Policy
24.1 Goods cannot be returned for change of mind. Returns for faulty goods are subject to the warranty terms in Section 6. Special orders or custom-configured goods are non-returnable unless faulty.
25. Disclaimers of Warranties (Website and Services)
25.1 Website Information: While we strive to keep the information on our Site accurate, up-to-date, and useful, the content on the Site is provided for general informational purposes only. It may not always reflect the most current developments in security technology, pricing, or regulatory requirements. Defensor does not guarantee the accuracy, completeness, or reliability of any information on the Site. Any reliance you place on such information is at your own risk. The Site is provided on an “as is” and “as available” basis, without warranties of any kind (either express or implied) except to the extent expressly provided by us or required by law.
25.2 Third-Party Content and Links: Our Site may include links to third-party websites or resources, or references to third-party products and services (for example, we might mention a brand of camera or link to a manufacturer’s website for additional information). Such third-party content is not under our control, and we provide these links or references for convenience only. We do not endorse, guarantee, or assume responsibility for the accuracy or reliability of any information, content, products, or services provided by third parties. If you decide to access any third-party websites or services linked from our Site, you do so at your own discretion and risk, and you may be subject to the terms and conditions of those third parties.
25.3 Services and Security Outcomes: Defensor will use reasonable skill and care in providing our Services. However, you acknowledge and agree that: * No security system or measure can guarantee complete safety or prevent all incidents. Our installations (CCTV, alarms, fogging devices, etc.) are intended to deter or mitigate security risks, but Defensor does not warrant or guarantee that the use of our products or services will prevent all burglaries, break-ins, thefts, property damage, personal injuries, or other incidents at your premises. Unforeseeable or unavoidable events may still occur despite having security systems in place. * Any technical advice or recommendations we provide (whether on our Site, via communications, or in person) are given in good faith based on our expertise and the information you provide to us. However, general advice may not be fully applicable to your specific situation. You should exercise your own judgment and consider seeking additional professional advice when making decisions about security measures. * The performance of installed equipment (such as cameras, alarms, sensors, or network devices) can depend on factors outside our control, including but not limited to: proper use by the customer, maintenance (e.g., keeping camera lenses clean, replacing batteries when required), quality of third-party internet or power services, and manufacturer quality of the devices. We will pass along to you any manufacturer warranties for the products we install, and we may assist you in making warranty claims, but we are generally not the guarantor or insurer of third-party products. Any defects in equipment will typically be covered by the manufacturer’s warranty and addressed through repair or replacement of the defective component as per that warranty.
25.4 No Other Warranties: To the fullest extent permitted by law, we disclaim all warranties or conditions not expressly stated in these Terms or in a specific service agreement. This includes, but is not limited to, any implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Site will be uninterrupted or error-free, that any errors will be corrected, or that the Site (or servers that operate it) are free of viruses or other harmful components (although we take reasonable measures to secure our systems).
26. Dispute Resolution
26.1 Defensor is committed to resolving any disputes in a fair, efficient, and amicable manner. If you have any concern or dispute with us, we encourage you to contact us first to try to resolve the issue informally. You can reach out via the contact information provided in Section 28 (Contact Information) below. Please provide a description of your issue, any relevant details (such as dates or persons involved), and what outcome you are seeking. We will attempt to respond and resolve the matter as soon as practicable.
26.2 Good Faith Negotiation: Both you and Defensor agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or our Services by negotiation in good faith.
26.3 Mediation (Optional): If a dispute cannot be resolved through direct negotiation within a reasonable time (for example, 30 days), either party may suggest mediation. We agree to consider mediation in Queensland (for instance, through a recognized mediation service or the Queensland Civil and Administrative Tribunal (QCAT) if appropriate for the matter).
26.4 Legal Action: If we cannot resolve the dispute through negotiation or mediation, either party may pursue remedies through formal legal proceedings. Subject to any rights you may have under applicable consumer protection laws, you and Defensor agree that any litigation will be brought in a court of competent jurisdiction in Queensland, Australia.
26.5 Consumer Assistance: Nothing in this section is intended to limit or prevent you from seeking assistance or advice from consumer protection authorities.
27. General Provisions
27.1 Entire Agreement: These Terms, together with our Privacy Policy and any additional terms expressly agreed to in writing (for example, terms in a service quote or a separate written contract with you), constitute the entire agreement between you and Defensor regarding the use of our Site and Services. They supersede all prior and contemporaneous understandings, agreements, representations, and warranties (both written and oral) related to the same subject matter. In the event of a conflict between these Terms and any specific written agreement for a particular service, the terms of the specific agreement will prevail to the extent of that conflict.
27.2 Amendments: Except as stated in the Introduction (Section 1) regarding updates we may make to these online Terms, any other amendment or modification to a contract between you and Defensor must be agreed in writing. You cannot alter these Terms unilaterally, but additional terms may be mutually agreed for specific services.
27.3 Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction, that provision will be deemed severed (removed) from these Terms to the minimum extent necessary, and the remaining provisions will continue in full force and effect. The invalid provision will, to the extent permissible, be interpreted or reformed to fulfill its intended purpose and comply with the law, or if that is not possible, replaced by a valid and enforceable provision that achieves as closely as possible the same effect.
27.4 No Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision. Any waiver of any provision of these Terms by us must be in writing and signed by an authorized representative of Defensor. A waiver on one occasion shall not operate as a waiver of any other breach or default, or of the same breach or default on a future occasion.
27.5 Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Any attempt by you to assign the agreement without consent will be null and void. Defensor may assign or transfer its obligations under these Terms to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, provided that the assignment does not reduce the protections for the consumer under these Terms.
27.6 Relationship of Parties: Nothing in these Terms is intended to create any partnership, joint venture, employment, or agency relationship between you and Defensor. We are independent contractors. You agree that you are not represented as our agent or representative and you do not have any authority to bind us in any respect.
27.7 Governing Law and Jurisdiction: These Terms (and any dispute or claim arising out of or in connection with them or the Services) are governed by and shall be construed in accordance with the laws of the State of Queensland, Australia, and, where applicable, the federal laws of Australia. You and Defensor agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia for the resolution of any disputes arising under or in connection with these Terms or our Services.
27.8 Notices: Any official notices or communications to Defensor under these Terms should be sent using the contact information provided in Section 28 (Contact Information) or as otherwise directed by us. We may send you notices by email to the address you have provided, by postal mail to any address you have given us, or by posting a notice on our Site. It is your responsibility to keep your contact information up-to-date with us.
28. Contact Information
If you have any questions, concerns, or comments about these Terms or any of our Services, please feel free to contact us. We believe in clear communication and will strive to address your inquiry promptly and fairly. You can reach us via the following methods:
Email: [email protected] Phone: 0412 853 618 Mailing Address: Defensor Security Systems & CCTV, Daisy Hill, QLD 4127
By accepting a quote, instructing Defensor to proceed, or by payment, you acknowledge that you have read, understood, and agreed to these Terms of Service. We value your trust and are committed to providing high-quality, reliable security solutions in accordance with these Terms and all applicable laws. Stay safe and secure with Defensor!
