Terms & Conditions

Introduction

Eyesite Terms and Conditions of Service

Effective Date: March 30th, 2025

These Terms and Conditions ("Terms") govern all agreements for the provision of temporary surveillance services and equipment by Eyesite Pty Ltd ("Eyesite"), a division of Kada Technologies. By engaging Eyesite, the Customer agrees to be bound by these Terms, unless otherwise stated in writing.

1. Definitions

• Agreement: These Terms together with any Quotation, Hire Schedule, or written proposal accepted by the Customer.
• Customer: Any entity or individual who enters into an agreement with Eyesite.
• Equipment: All surveillance hardware, solar units, mounts, signage, and monitoring systems provided by Eyesite.
• Site: The physical location at which the Equipment is installed.
• Hire Period: The duration from the Installation Date until Eyesite retrieves the Equipment.
• Fees: Charges for hire, installation, removal, relocation, servicing, and associated costs.
• Bond: A security deposit, if applicable, held by Eyesite.
• Commencement Date: The date on which the Customer accepts the proposal or the Equipment is installed, whichever is earlier.
• Default Interest: A charge of 10% per calendar month on overdue payments.

2. Formation of Agreement

An Agreement is formed when the Customer accepts a proposal from Eyesite by:

• Signing a quotation, proposal, or hire schedule;
• Making any form of payment;
• Using the Equipment or associated services;
• Providing written or verbal instruction to proceed.

All quotations are valid for 14 days unless otherwise stated.

3. Equipment Hire & Minimum Term

• The minimum Hire Period is three (3) months unless otherwise agreed in writing.
• Hire commences on the Installation Date.
• Early termination within the minimum term incurs a cancellation fee equal to the Installation Fee.
• The Hire continues on a month-to-month basis unless written notice of termination is provided.
• If the Equipment remains on Site past the agreed Hire Period, the Customer will continue to be charged monthly Fees.

4. Access & Site Conditions

• The Customer must provide unobstructed access to the Site for installation, service, and removal.
• The Customer warrants that all necessary consents and approvals have been obtained.
• Eyesite may access the Site without further notice to recover Equipment.

5. Ownership & Risk

• All Equipment remains the property of Eyesite.
• Risk transfers to the Customer upon delivery and remains until retrieval.
• The Customer must not tamper with, relocate, or adjust the Equipment.

6. Payments, Fees & Invoicing

• Fees are invoiced monthly in advance from the Installation Date.
• The Customer must pay all invoices within 14 days.
• A Bond may be required prior to installation and will be refunded less any unpaid charges.
• Default Interest applies on overdue amounts.
• Disputes must be raised in writing within 7 days of the invoice date.
• The Customer may not withhold or offset payments under any circumstances.

7. Relocation or Variation

• Any request to relocate Equipment or alter services must be made in writing.
• Relocation incurs a service charge equivalent to the standard Installation Fee.
• Any variation to services or Fees will be documented and deemed accepted upon continued use.

8. Customer Responsibilities

The Customer must:

• Keep Equipment secure and undisturbed.
• Maintain insurance coverage for theft, loss, or damage.
• Comply with applicable laws and ensure the Site is safe.
• Not modify or relocate Equipment without written approval.
• Report any Equipment damage, malfunction, or interference immediately.

9. Eyesite Obligations

Eyesite will:

• Deliver and install Equipment in good working condition;
• Provide service and monitoring as agreed;
• Repair or replace Equipment that fails through no fault of the Customer;
• Collect Equipment within 7 business days of termination.

10. Service Limitations & Disclaimers

Eyesite is not liable for:

• Network disruptions, environmental interference, or data loss;
• Missed incidents during the system calibration period;
• Consequential, indirect, or financial loss due to Equipment downtime;
• Damage caused by unauthorised relocation or tampering.

11. Termination

• Either party may terminate with 7 days' written notice.
• If terminated after the monthly invoice date, the full month is payable.
• The Customer must immediately cease use and make the Equipment available for collection.

12. Indemnity

The Customer indemnifies Eyesite against any claims, losses, damages, or expenses arising from:

• Breach of these Terms;
• Site access issues;
• Damage, loss, or misuse of Equipment;
• Personal injury or property damage involving the Equipment.

13. Intellectual Property

All proprietary systems, data, and intellectual property remain the exclusive property of Eyesite.

14. Security Interest

Eyesite retains a security interest in all Equipment supplied. The Customer consents to registration of this interest under the Personal Property Securities Act 2009 (Cth).

15. Privacy & Data

Eyesite collects personal information solely for the purpose of delivering and managing services. Our Privacy Policy is available upon request.

16. Force Majeure

Neither party is liable for delays caused by events beyond their control, including natural disasters, strikes, network failures, or government restrictions.

17. Dispute Resolution

Parties agree to attempt good faith resolution of disputes via written negotiation before commencing legal action. Nothing prevents either party from seeking urgent relief.

18. General

• These Terms are governed by Queensland law.
• Any variation must be agreed in writing.
• Failure to enforce a right does not waive that right.
• If any provision is invalid, the remaining terms remain enforceable.

For further information or queries, contact: Eyesite
A Division of Kada Technologies
1300 EYE SITE | sales at eyesite.com.au | www.eyesite.com.au

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