Terms of Service – Check Systems

Terms of Service

Definitions:

Service Agreement: The Agreement is between Check Systems and the customer that appointed Check Systems as the contractor for the site/s. If a site owner engages Check Systems Directly the agreement is between Check Systems and the site owner.

Site: A property where we have been engaged to conduct service.

Customer: A business or individual that engages our services.

Smoke Alarm: Reference to “Smoke Alarm” means collectively, any or all of the following:

  • A smoke alarm that is: detachable, portable, battery powered smoke alarms (“Wireless Smoke Alarm”);
  • A smoke alarm or detector that is 240v mains powered and is hard wired to the mains (“Wired Smoke Alarm”),
  • but excludes a smoke alarm or detector that is linked to a security system or fire indication panel (“Low Voltage Smoke Alarm”).

Compliance Report: A full evidence based report confirming the compliance status at a site at the time the report is completed and issued to the customer. The compliance report can be used as a smoke alarm compliance certificate. The compliance report will often contain additional safety information to confirm where risks have been identified, mitigated or require further work to mitigate.

Site Enrolment Under An Annual Service Agreement:

When a customer engages our services this will generally be in the form of an annual service agreement.

  • Under an annual service agreement the agreement commences (whichever first) when the following occurs:
  • A site becomes active in our system as a result of a software integration.
  • We receive a work order, email, text or telephone call requesting our services or an invoice for our service in relation to a site.

The annual service agreement fee will be invoiced within 60 days of the agreement commencing. This fee is negotiated prior to the agreement commencing on a customers’ first agreed site.

Customers acknowledge that we can, with their agreement, adjust the Annual Service Agreement Fee, if there is a considerable change to the scope of our service or a significant CPI increase.

Services Rendered Casually or for the Purpose of an Installation Only:

A customer may casually engage our services for the purpose of:

  • A one off compliance inspection and compliance report for a site
  • An installation only
  • To produce a quotation for installation work
    Casual services are billed on completion at an already agreed upon rate.

Termination

You may terminate our services for any property where you have previously engaged our services by providing us with written notice.
Upon termination we will disable scheduling for this property so it will not continue to receive service.

Suspension of service

We reserve the right to suspend servicing of particular property should any of the following occur:

  • Payment of an invoice exceeds 60 days and we have reasonably attempted to recover payment via email and telephone and we have not achieved a suitable outcome to recover the ageing receivable income.
  • You have not been able to provide us with access to the property over an extended period of time extending beyond 60 days of the property inspection or device installation being due.
  • The property tenant/s have not allowed us to access the property over an extended period of time extending beyond 60 days of the property inspection or device installation being due.
  • If we suspend the servicing of a property we will provide you with a written notice of the reason for the suspension and the date from which the service is suspended.
  • Check Systems cannot be held liable for sites if they are non compliant over a period where an inspection was not possible due to circumstances beyond our control or the site has been suspended from service.

Following Suspension or Termination:

Upon the suspension or termination of the Services for any reason, your property is no longer eligible to receive the Services and will be flagged in our office as “inactive” for receiving maintenance, and you acknowledge and agree to the following: where the Services are terminated by you or the Agent, the Annual Fee will be deemed to have been accrued and unpaid as at the date of termination where, at any time in the past 12 months: we have attended your Property to provide Smoke Alarm Services and no Annual Fee has been paid or received;
we shall be entitled to recover from our customers any fees accrued with respect to the provision of the Services that remain unpaid as at the date of termination and such fees will become immediately payable;

Service Inclusions and Guarantees:

Compliance Inspections Under an Annual Service Agreement Include:

  • Unlimited number of compliance inspections in a 12 month period are on request and where necessary.
  • Compliance inspections are guaranteed to take place within 30 days prior to a lease commencing or renewing when requested or trackable via software integrations.
  • Each inspection includes:
  • Full smoke alarm service
  • Physical safety switch check
  • Blind cord mitigation
  • Technical support for tenants
  • Coordination of replacement of smoke alarms under warranty if they are manufactured by Brooks, Cavius, Clipsal or PSA Products.
    Replacement of any other type of alarm that has been installed by us and is under warranty.
  • Evidence base compliance report

Casual Compliance Inspection Includes:

Full Smoke Alarm service conducted once for the inspection only
Physical safety switch check conducted once for the inspection only
Evidence based compliance report

Note: For each property under an annual service agreement we will ensure that a general compliance inspection is carried out within 30 days prior to a New Lease Commencement Date or lease renewal date or in any case, on or about the anniversary of the last Smoke Alarm Service.

Service inclusions and conditions:

Smoke alarm service includes all of the following:

  • Cleaning all smoke alarms.
  • Ensuring 9v backup batteries where applicable are in date and have suitable charge.
  • Ensuring all smoke alarms individually are in working order and comply with the current smoke alarm legislation.
  • Ensuring the configuration and established interconnection of smoke alarms throughout the whole dwelling satisfies current smoke alarm legislation.

Conditions:

  • We will only commence a replacement of alarms under warranty if the alarm being replaced complies with Australian Standard 3786-2014, has an enduring power source and is capable of interconnecting with the rest of the alarms at the site.
  • We will only guarantee compliance at a site within 30 days prior to a lease commencing or renewing when no work order for the site has been received less than 20 days before the lease start or renewal date.
  • If a site requires either a partial or full upgrade of its smoke alarm system in our opinion, a quotation will be provided for us to do this and the property will receive a failed compliance report until the recommended work is completed.

Corded Blind Child Safety Risk Mitigation:

  • For any site that is under an annual service agreement we will systematically mitigate blind cord safety risks every time the site is inspected.
  • Where suitable loose blind cords will be secured to window frames with the use of a cord tensioner or a wall anchor.
  • If securing the blind cord to the window frame is not achievable a warning label will be attached to the blind cord that presents a risk.

Conditions:

  • Our technicians will not adjust blind cords in a way that compromises the function of the blinds.
  • Our technicians will not install wall anchors or cord tensioners to metal window frames or plasterboard.

Relocating & Replacing Smoke Alarms:

To be compliant with the Law, there are requirements in relation to the positioning of Smoke Alarms in your property. Please note when a Smoke Alarm is relocated or replaced, there may be residual damage either from the original installation or resulting from the relocation or replacement of the Smoke Alarm. Our technicians are not professional painters/plasterers but will use reasonable endeavours to avoid causing further damage. Damage that may have been caused by the original installation or from the relocation or replacement can vary due to the type of original Smoke Alarm installed, the size of the cable hole and existing paint coverage and there may be discolouration from the original Smoke Alarm location or from plastering. Where you require repair, a quote for a professional plasterer/painter can be provided upon request. Any such work would be at your own additional cost.

Compliance reports:

  • Compliance reports, when issues, supersede all previous reports for a site.
  • SMOKE ALARMS: If the compliance report states “Pass” for smoke alarms: The property satisfies the current RTA recommendations, The building code of Australia, AS3786-2014 and QFESA 2016 relating to the elements of our audit. If a property does not have 240v alarms our audit assumes the property was built prior to January 1997*. If the compliance report states “Pass” for 2022 smoke alarm legislation: All smoke alarms comply with AS 3786-2014. The property passes all requirements in relation to the Fire and Emergency Service (Domestic Smoke Alarms) Amendment Bill 2016 which came into full effect for properties being sold or leased from 1st January 2022.
  • SAFETY SWITCHES: If the compliance report states “Pass” for safety switches our technician has confirmed safety switches are present and all are in working order after performing a manual function test. Our reports contain evidence to satisfy ESO recommendations based on the information available to the technician while onsite, however which circuits in the dwelling are protected is unconfirmed**.

Disclaimer: Check Systems cannot be held liable if; alarm/s or electrical wiring becomes faulty between inspections, alarms are physically damaged by the occupants, batteries or alarms have been moved or replaced by anybody other than an authorised employee of “Check Systems”, or if alarms installed by another business are malfunctioning or incorrectly installed. *Currently all properties built after 1st July 1997 must have 240v smoke alarms connected to mains power. Should this not be the case and you become aware your property was built after 1st July 1997 and you receive a report stating that your property is compliant please notify us so we can take a corrective course of action. **Rental properties must have safety switches fitted to all power circuits in a dwelling. If you are aware this is not the case and our compliance report states a “Pass” for safety switches you should advise us so we can take corrective action.