1.0 DEFINITIONS

1.1 “Agreement” refers to these Terms and Conditions together with the Quote provided.

1.2 “Business Hours” means the hours from 0830 to 1700 on Business Days.

1.3 “Business Day” includes weekdays excluding Saturdays, Sundays, and public holidays observed in the relevant New Zealand region.

1.4 “Central Station” indicates the monitoring centre operated by Above Media Limited.

1.5 “Commencement Date” is the agreed start date for Service provision by the Supplier.

1.6 “Customer” means the individual, firm, company, or other legal entity engaging with the Supplier.

1.7 “Customer Instructions” are written directions from the Customer detailing how the Supplier should respond to alarm signals.

1.8 “Customer Contact” refers to the person(s) designated by the Customer in the provided instructions.

1.9 “Default Rate” is an interest rate charged at 2% above the Official Cash Rate set by the Reserve Bank of New Zealand.

1.10 “Force Majeure Event” includes circumstances beyond reasonable control, such as natural disasters, wars, government restrictions, mechanical failures, and labour disputes.

1.11 “Initial Term” is the first term of 12 months or as otherwise defined in the Quote.

1.12 “Premises” means the Customer’s specified locations for Service provision.

1.13 “Quote” is the written document detailing Services and associated fees.

1.14 “Security System” is the Customer-installed security equipment on the Premises.

1.15 “Service Fees” are charges payable by the Customer outlined in the Quote or agreed upon separately.

1.16 “Services” are the security-related monitoring and response services selected by the Customer.

1.17 “Supplier” refers to Above Media Limited.

1.18 “Uninvited Direct Sale Agreement” refers to agreements defined under section 36K of the Fair Trading Act 1986.

2.0 TERM OF AGREEMENT

2.1 This Agreement begins on the Commencement Date and remains effective for the Initial Term.

2.2 After the Initial Term, the Agreement automatically continues unless terminated per Section 4.

3.0 SERVICE DETAILS

3.1 Continuous Alarm Monitoring – Ongoing monitoring of alarm signals from the Customer’s Security System, actioning alarms as per Customer Instructions.

3.2 Random Patrol Checks – Mobile patrol services making periodic visits based on Customer guidelines.

3.3 Alarm Response Patrols – Patrol officers responding to alarms using keys provided or conducting external inspections if keys are unavailable.

3.4 Security Equipment Services – Provision of installation and maintenance services for security devices upon request.

3.5 Immediate Breach Response – Coordination of immediate security measures (e.g., repairs, guards) following a breach, with expenses billed to the Customer.

4.0 TERMINATION TERMS

4.1 Either party may terminate with 30 days’ notice after the Initial Term, or immediately if there is a breach or insolvency event.

4.2 Customer may terminate immediately upon rejecting Service Fee adjustments or within five days under an Uninvited Direct Sale Agreement.

5.0 CUSTOMER OBLIGATIONS

5.1 Keep Security System fully operational and suitable for monitoring. 5.2 Ensure continuous provision of essential utilities (electricity, communication services). 5.3 Provide keys to premises when requested. 5.4 Notify Supplier promptly of any premises changes affecting security. 5.5 Secure and responsibly manage security codes and keys. 5.6 Acknowledge limitations inherent in security monitoring services. 5.7 Ensure safe and unobstructed access for Supplier’s personnel.

6.0 SUPPLIER OBLIGATIONS

6.1 Maintain confidentiality of Customer data and information. 6.2 Deliver effective monitoring and respond promptly according to Customer Instructions. 6.3 Provide prompt notification of any potential issues or security incidents.

7.0 LIABILITY LIMITATIONS

7.1 Supplier does not guarantee absolute security and is not liable for damages resulting from Force Majeure Events. 7.2 Supplier’s liability is limited strictly to direct damages and capped at the total annual Service Fees.

8.0 SERVICE FEES AND ADJUSTMENTS

8.1 Fees payable are detailed in the Quote, with periodic reviews conducted and communicated to the Customer in advance.

9.0 NOTICES

9.1 All notices must be provided in writing and delivered either via mail or email.

10.0 HEALTH AND SAFETY

10.1 Customer ensures compliance with health and safety regulations, providing safe premises for Supplier personnel.

11.0 WAIVER

11.1 Rights under this Agreement may only be waived in writing by mutual agreement.

12.0 STRIKE EXEMPTION

12.1 Supplier employees will not undertake duties related to strike-breaking activities.

13.0 NO EMPLOYMENT RELATIONSHIP

13.1 Supplier personnel remain independent contractors, with no employment relationship implied.

14.0 NOTICE OF CLAIM

14.1 Any claim against the Supplier must be made in writing within 7 days of discovering the issue.

15.0 SEVERABILITY

15.1 If any provision is deemed invalid, remaining provisions remain in effect.

16.0 ASSIGNMENT

16.1 Customer may not assign rights under this Agreement without written consent from the Supplier.

17.0 ENTIRE AGREEMENT

17.1 This Agreement supersedes all prior understandings and agreements between parties.

18.0 PRIVACY ACT

18.1 Supplier handles personal information according to the Privacy Act 1993 and relevant privacy policies.

19.0 DISPUTE RESOLUTION

19.1 Parties agree to attempt resolution through mediation in Auckland prior to legal proceedings.

20.0 GOVERNING LAW

20.1 This Agreement is governed by the laws of New Zealand.