Introduction
These Terms and Conditions (“Terms”) govern:
- Your use of the Prosecure website (prosecure.co.nz) and any online forms/quotes; and
- The supply of all Goods and Services by Prosecure Limited (“we”, “us”, “Prosecure” or “our”) to you (“you” or the “Customer”).
By accessing our website, requesting a quote, placing an order, or accepting any Services, you agree to these Terms. If you do not agree, you must not use the website or engage our Services.
These Terms prevail over any terms you propose. We may update these Terms from time to time; the version on our website at the time of your order applies. We will notify existing monitoring or maintenance customers of material changes.
1. Definitions
“Goods” means any alarm systems, CCTV cameras and recording equipment, access control systems, intercoms, cabling, or other hardware or software supplied by us.
“Services” means installation, supply, repair, servicing, upgrading, maintenance, 24/7 alarm monitoring, remote access/support, or any other services described in a Quote.
“Quote” means our written quotation, estimate, or proposal.
“Contract” means the agreement formed when we accept your order or commence work.
“Monitoring” means our 24/7 central station monitoring of alarm signals from your system.
“CGA” means the Consumer Guarantees Act 1993.
“Privacy Act” means the Privacy Act 2020.
2. Website Use
The website is provided for information only. We do not guarantee its accuracy, completeness, or availability.
You must not: misuse the site, attempt to hack it, or submit false information in quote requests.
Any online quote request is an enquiry only; a binding Contract forms only when we confirm acceptance in writing.
We may use cookies and analytics; see our separate Privacy Policy (linked on the website) for details.
3. Formation of Contract, Quotes and Orders
Quotes are valid for 30 days unless stated otherwise and are subject to site survey (if required). Prices are exclusive of GST unless stated.
We may withdraw or vary a Quote before acceptance.
A Contract forms when you accept the Quote in writing or we commence the Services (whichever occurs first).
Any variations or additional work must be agreed in writing and may incur extra charges.
4. Customer Obligations
You must:
- Provide safe, timely, and unobstructed access to the premises, power, and utilities.
- Supply accurate site information, plans, and any required consents/permits.
- Ensure the premises comply with all health and safety laws (Health and Safety at Work Act 2015).
- Maintain the system in accordance with our recommendations (including annual servicing for warranty validity).
- Keep access codes, passwords, and remote login details secure and notify us immediately of any changes or suspected breaches.
For CCTV or monitoring Services, you must comply with the Privacy Act (including any signage or notification requirements).
You authorise us (and our contractors) to enter the premises to perform the Services, including remote access to your system for monitoring, diagnostics, or updates where agreed.
5. Performance of Services and Delivery
We will perform Services with reasonable skill and care and in accordance with industry standards.
Installation dates are estimates only. We are not liable for delays caused by you, third parties, or events beyond our control.
Risk in Goods passes to you on delivery (or on installation if we deliver).
We may use subcontractors. We remain responsible for their work.
6. Price and Payment
Payment terms (unless otherwise stated in the Quote):
- Installation/Goods: 50% deposit on order, balance due on practical completion or within 7 days of invoice.
- Monitoring/Maintenance: payable monthly in advance.
All invoices are due by the 20th of the month following the invoice date (or as stated).
We may charge default interest at 2% per month (compounding) on overdue amounts.
You must pay all collection costs (including legal fees on a solicitor-client basis) if we enforce payment.
We may suspend Services or remove Goods if payment is overdue.
Prices may be adjusted for increases in supplier costs, labour, or materials after the Quote date.
7. Ownership, Risk, and Security Interests (PPSA)
Title to Goods remains with us until full payment of all amounts owing.
You must not sell, dispose of, or grant security over the Goods until title passes.
We have a purchase money security interest (and security interest in any processed goods) under the Personal Property Securities Act 1999 (“PPSA”). You agree to do all things necessary to enable us to perfect and maintain our security interest.
We may enter your premises (using reasonable force if necessary) to repossess Goods if you default. You indemnify us for any loss or damage caused during repossession.
8. Warranties and Guarantees
Goods carry the manufacturer’s warranty (usually 12–24 months). We provide a 12-month labour warranty on installation and workmanship from the date of practical completion, provided you maintain the system under our recommended annual servicing programme.
If you are a “consumer” under the CGA, our Services and Goods come with the non-excludable guarantees set out in that Act. Nothing in these Terms limits your CGA rights. For non-consumer (business) customers, all warranties are as expressly stated and all other warranties are excluded to the maximum extent permitted by law.
Warranties are void if the system is tampered with, modified by unauthorised persons, or not maintained as required.
9. Limitation of Liability and Disclaimers
Security systems are deterrents only. We do not guarantee that the Goods or Services will prevent crime, loss, damage, hacking, tampering, or unauthorised access. We do not act as an insurer.
To the maximum extent permitted by law, we exclude all liability for:
- Consequential, indirect, or special loss (including loss of profit, data, or business interruption).
- Any failure of the system caused by power failure, internet outage, third-party interference, or events outside our control.
- Any act or omission by you or third parties.
Our total liability under any Contract is limited to the price paid by you for the specific Goods or Services that gave rise to the claim (or the cost of re-supplying them).
Monitoring response is subject to the information and instructions you provide. We use reasonable endeavours but do not guarantee response times.
Nothing in these Terms excludes liability for death, personal injury caused by our negligence, or any liability that cannot be excluded by law.
10. Privacy
We collect and handle your personal information (and any CCTV footage or alarm data) in accordance with the Privacy Act 2020. Details are in our Privacy Policy (available on the website).
By engaging our Services you consent to us accessing your system remotely for monitoring, maintenance, or diagnostics.
11. Termination
Either party may terminate a monitoring or ongoing maintenance Contract by giving 30 days’ written notice (after the initial term, if any).
We may terminate immediately if you breach these Terms, fail to pay, or become insolvent.
On termination you must pay all outstanding amounts. We may remove our Goods (at your cost) if title has not passed.
12. Force Majeure
We are not liable for any delay or failure caused by events beyond our reasonable control (including strikes, pandemics, extreme weather, or supply chain disruption).
13. General Provisions
Governing Law: These Terms are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the New Zealand courts (Wellington registry preferred).
Entire Agreement: These Terms (plus the Quote and any accepted variations) constitute the entire agreement.
Severability: If any clause is invalid, the rest remain in force.
Assignment: You may not assign the Contract without our prior written consent.
Notices: Must be in writing (email to the address on the Quote is sufficient).
Acceptance
By proceeding with any Services or using our website you confirm you have read, understood, and agree to these Terms.
Questions? info@prosecure.co.nz · 04 242 0345
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