Plug & Protect 24/7 – Sign-Up form

I authorise you to debit my account with the amounts of direct debits from HSM MONITORING LIMITED with the authorisation code specified on this authority in accordance with this authority until further notice.
I agree that this authority is subject to:
• The bank's terms and conditions that relate to my account. and
• The specific terms and conditions listed below.

Specific conditions relating to notices and disputes
I may ask my bank to reverse a direct debit up to 120 calendar days after the debit if:
• I don't receive a written notice of the amount and date of each direct debit from the initiator, or
• I receive a written notice but the amount or the date of debiting is different from the amount or the date specified on the notice.

The initiator is required to give you a written notice of the amount and date of each direct debit no less than 10 calendar days before the date of the debit.
If the bank dishonours a direct debit but the initiator sends the direct debit again within 5 business days of the dishonour, the initiator is not required to give you a second notice of the amount and date of the direct debit.

1. The Initiator:
1.1 Will provide notice either:
1.1.1. in writing; or

CONDITIONS OF THIS AUTHORITY

1.1.2. by electronic mail where the Customer has provided prior written consent to the Initiator.
1.2 Has agreed to give advance Notice of the net amount of each Direct Debit and the due date of the debiting at least 10 calendar days (but not more than 2 calendar months) before the date when the Direct Debit will be initiated.
1.2.1 The advance notice will include the following message:
"Unless advice to the contrary is received from you by (date*), the amount of $ ........... will be directly debited to your Bank account on (initiating date*)."
*This date will be at least two (2) days prior to the initiating date to allow for amendment of Direct Debits.
1.3 May, upon the relationship which gave rise to this Instruction being terminated, give notice to the Bank that no further Direct Debits are to be initiated under the Instruction. Upon receipt of such notice the Bank may terminate this Instruction as to future payments by notice in writing to me/us.
2. The Customer may:
2.1 At any time, terminate this Instruction as to future payments by giving written (or by the means previously agreed in writing) notice of termination to the Bank and to the Initiator.
2.2 Stop payment of any Direct Debit to be initiated under this Instruction by the Initiator by giving written notice to the Bank prior to the Direct Debit being paid by the Bank.
3. The Customer acknowledges that:
3.1 This Instruction will remain in full force and effect in respect of all Direct Debits passed to my/our account in good faith notwithstanding my/our death, bankruptcy or other revocation of this Instruction until actual notice of such event is received by the Bank.
3.2 In any event this Instruction is subject to any arrangement now or hereafter existing between me/us and
the Bank in relation to my/our account.
3.3 Any dispute as to the correctness or validity of an amount debited to my/our account shall not be the concern of the Bank except in so far as the Direct Debit has not been paid in accordance with this Instruction. Any other disputes lie between me/us and the Initiator.
3.4 Where the Bank has used reasonable care and skill in acting in accordance with this Instruction, the Bank accepts no responsibility or liability in respect of:
3.4.1. the accuracy of information about Direct Debits on Bank statements; and
3.4.2. any variations between notices given by the Initiator and the amounts of Direct Debits.
3.5 The Bank is not responsible for, or under any liability in respect of the Initiator's failure to give notice in accordance with clause 1.1, nor for the non-receipt or late receipt of notice by me/us for any reason whatsoever. In any such situation the dispute lies between me/us and the Initiator.
4. The Bank may:
4.1 In its absolute discretion conclusively determine the order of priority of payment by it of any monies pursuant to this or any other Instruction, cheque or draft properly signed by me/us and given to or drawn
on the Bank.
4.2 At any time terminate this Instruction as to future payments by notice in writing to me/us.
4.3 Char e its current fees for this service in force from time to time.

Monitoring Terms and Conditions

1. Definitions:

“Agreement” means the provision of services and products as set out in the Security Management Contract, these terms and conditions and documents referred to herein and the HSM Terms and Conditions; “Agreement Date” is the date when the Security Management Contract has been accepted and signed by both the Customer and HSM Group as set out in the Security Management Contract; “Closest Guard Goes” policy means HSM Group may dispatch the nearest guard company to respond to a System activation; “Commencement Date” is the date on which the Services shall commence as set out in the Security Management Contract; “Customer” means the customer identified in the Security Management Contract; “Fees” means the fees specified in the Security Management Contract as may be varied pursuant to Clause 4; “HSM Group” means HSM Group Holdings Ltd and/or HSM Installations Ltd and/or HSM Monitoring Ltd and/or Consulting Security Arm (HB) Ltd; “HSM Terms and Conditions” means the detailed terms and conditions of HSM Group which can be viewed at our website at www.hsmgroup.co.nz; “Initial Term” shall mean the period commencing on the Agreement Date and expiring on the date which is 36 months from and including the Commencement Date unless otherwise specified in the Security Management Contract; “Renewal Term” shall mean a period of 12 months commencing on the expiry of the Initial Term or the expiry of any preceding Renewal Term; “Product” means any product provided by HSM Group as specified in the Security Management Contract or as may be required to perform the Services or to install or operate the System; “Services” means the services described in the Security Management Contract; “System” means any electronic alarm equipment which may or may not be connected to the monitoring base station (also known as the “Alarm Monitoring System”) or any other electronic equipment installed by HSM Group or an authorised representative.

2. Term and validity

This Agreement shall be valid from the Agreement Date for the Initial Term and shall automatically be extended for additional Renewal Terms unless the Customer has given to HSM Group written notice at least 90 days prior to the expiry of the Initial Term or the Renewal Term that it wishes to terminate the Agreement.

3. Services

3.1 Monitoring Services – the System will be monitored on a continuous 24-hour a day basis. Monitoring will commence once the System has been installed and connected to a suitable network, and all necessary information has been obtained. Calls made from the equipment at the Customer’s premises to the monitoring base station will be monitored and responded to in accordance with the Customer’s instructions as notified to HSM Group in the monitoring information form annexed to this Agreement.

3.2 Installation/Maintenance Services – HSM Group will install the System in the Customer’s premises as specified in the Security Management Contract. Any repair work resulting from neglect or misuse by the Customer or events beyond the control of HSM Group shall be paid for by the Customer. HSM Group will carry out a regular 6 or 12 month service on the System as elected in the Security Management Contract at the cost specified therein.

3.3 Guard Services - HSM Group will respond to calls made from the System to the monitoring base station in accordance with the Customer’s instructions. HSM Group may choose to appoint a Closest Guard Goes policy to fulfil any of its obligations under this Agreement.

3.4 The service fee includes labour costs but excludes the cost of parts and/or materials.

3.5 Service call out charges shall be charged in accordance with HSM Group’s standard fees for such services.

3.6 Unless otherwise specified the warranty of equipment provided by HSM Group is set out in the HSM Terms and Conditions together with the site charges and assumptions relating to work performed.

4. Payment and Fees

4.1 The Customer shall pay the Fees monthly in advance by automatic bank payment unless otherwise agreed in writing by both the Customer and HSM Group. HSM Group shall issue a monthly invoice for the Fees until automatic bank payment forms are returned to HSM Group by the Customer

4.2 The Customer agrees to pay HSM Group the amount specified in the invoice within 7 working days and/or by the due date without set-off, deduction or discount of any kind unless prior arrangements have been agreed in writing. Should the Customer delay in making payment, HSM Group shall have the right to charge a 21% administration fee on all outstanding amounts which charges shall continue to accrue monthly until the account is paid in full.

4.3 HSM Group may adjust the Fees on an annual basis in respect of an increase/fall in the cost of any annual services and increased/decreased costs.

4.4 The Customer shall pay all reasonable expenses including legal costs incurred in the recovery of any unpaid Fees.

4.5 Where any supply of Products or Services is or becomes subject to GST, an amount equal to GST paid or payable for that supply will be added to the amount exclusive of GST paid or payable for that supply under this Agreement.

5. Liability

5.1 HSM Group does not in any way guarantee the System will prevent unlawful entry to the Customer’s premises.

5.2 Save as provided in Clause 5.3, HSM Group shall not be liable to the Customer for any claim, loss or damage suffered by the Customer arising out of any breach by HSM of any of its obligations expressed or implied under this Agreement or arising at common law.

5.3 If the Customer suffers any loss, claim, cost or damage directly caused by the negligence of HSM Group, HSM Group shall be liable for such loss but its liability shall be limited to the lesser of $1,000 or a sum equal to the yearly monitoring fee due under this Agreement.

5.4 Notwithstanding anything else in this Agreement, HSM Group will not be liable for:

5.4.1 any indirect, consequential or special or economic loss, cost, liability, damage or expense howsoever arising; or

5.4.2 loss of profit, loss of use, loss of income, loss of rental or other benefit, loss of production, loss of actual or potential business opportunity or loss of reputation to HSM Group.

6. Consumer Guarantees Act

Nothing in this Agreement is intended to have the effect of contracting out of the provision of the Consumer Guarantees Act 1993 except to the extent permitted by the Act. The Customer agrees that if it is acquiring the System for the purpose of a business, the Consumer Guarantees Act 1993 shall not apply.

7. Credit Evaluation and Information

7.1 The Customer acknowledges as further set out in Clause 9 of the HSM Group Terms and Conditions that it may, in compliance with the Privacy Act 1993, obtain and collect information about the Customer including any information relating to credit worthiness and may disclose information regarding credit worthiness of the Customer.

7.2 HSM Group’s obligations hereunder are subject to satisfactory credit evaluation and HSM Group reserves the right to withdraw any quotation, cancel the services, and terminate this Agreement should such credit evaluation be or become unsatisfactory.

8. Termination

8.1 HSM Group may terminate the Agreement (and will notify the Customer accordingly) if the Customer does not pay any Fees due within 7 days of receiving written notice from HSM requiring payment to be made.

8.2 If the Agreement is terminated, HSM will no longer provide services in respect of the Alarm Monitoring System and if HSM Group retains ownership of such system it shall be entitled upon giving reasonable notice to the Customer to enter the Customer’s premises and remove the equipment.

8.3 If the Customer terminates the Agreement before the expiry of the Initial Term or any Renewal Term, the Customer shall pay HSM an amount equivalent to the fees for the remainder of such term.

8.4 Disconnection from the monitoring services provided under this Agreement is the responsibility of the Customer. The alarm dialler must be reprogrammed and written confirmation received of the disconnection before HSM Group can discontinue the service. Failure to complete these steps will result in ongoing charges until they have been completed.

9. HSM Group Terms and Conditions

The HSM Group Terms and Conditions form part of this Agreement and should be read in conjunction with these Terms and Conditions. To the extent that any inconsistency prevails between these Terms and Conditions and the HSM Terms and Conditions, these Terms and Conditions shall prevail.