Eyesite Pty Ltd Terms and Conditions of ServiceEffective Date: [Insert Date]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.

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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 AgreementAn 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.

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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. A total of 1 hour per site is provided in the installation charge. If site access time beyond 1 hour, a further $240 per hour will be charged and applied to the customers invoice.
• The Customer warrants that all necessary consents and approvals have been obtained.
• Eyesite may access the Site, at anytime, 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 ResponsibilitiesThe 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. IndemnityThe 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

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

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14. Security Interest

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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).

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15. Privacy & Data

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

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16. Force Majeure

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

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17. Dispute Resolution

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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 Pty Ltd A Division of Kada Technologies
‍1300 393 748 | [insert email] | [insert website URL]

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