PeakFriend Terms of Service (Updated Draft)
(This document contains your original ToS with revisions inserted to address your co-founder’s comments. All additions have been integrated cleanly and professionally.)
Effective Date: 1 July 2025
These Terms of Service (“Terms”) form a binding agreement between PeakFriend Pty Ltd ACN 688 872 031 (“PeakFriend”, “we”, “us”, “our”) and the customer (“you”, “your”).
By accepting a quote, paying a deposit, agreeing to a subscription, accessing our services, or allowing installation of equipment, you agree to these Terms.
1. Who We Are
PeakFriend provides hardware, software, installation, monitoring, and security solutions for homes and small businesses, including cafés, restaurants, bakeries, retail locations, and residential properties.
We integrate with third-party platforms such as Alarm.com, Securitas, and other providers required to deliver your security and monitoring solution.
2. Scope of Services
Our services may include:
Home and business security system design
Supply and installation of cameras, sensors, alarms, and other hardware
Monitoring, alerts, and emergency response features
Software dashboards, mobile apps, and automation
Remote support and troubleshooting
Insights and operational efficiency tools (for business customers)
Maintenance, servicing, or upgrades
We may add, remove, or modify features over time.
3. Eligibility & Customer Obligations
To use our services, you must:
Be at least 18 years old
Provide accurate business or residential information
Ensure our technicians have safe and reasonable access to your home or business
Follow our instructions for use of the system
Not tamper with, modify, or uninstall any PeakFriend-supplied equipment without written consent
You agree to use the services only for lawful purposes.
You must notify us immediately if you move premises or relocate PeakFriend-owned equipment. Any outstanding amounts remain payable and relocation may require a paid service visit.
4. Quotes, Deposits & Payments
4.1 Upfront Payment
A 50% deposit is required to secure equipment and book installation.
The remaining 50% is due immediately upon completion of installation, unless otherwise agreed in writing.
4.2 Payment Plans & Security for Payment
We may offer instalment plans at our discretion.
If approved, you must:
Sign the payment plan schedule
Pay each instalment by the due date
Acknowledge that interest or administrative fees may apply
For high‑value installations or where we deem it necessary, PeakFriend may require credit card details, a security bond, or an authorised guarantor as a condition of installation or continued service. These details may be used to recover overdue amounts in accordance with Australian laws.
4.3 Failure to Pay
If you fail to make any payment due:
Monitoring or app access may be suspended
Hardware functionality may be limited or disabled (where legally allowed)
Late fees and collection costs may apply
PeakFriend may exercise its Retention of Title and PPSA rights (Sections 10–11)
You agree to pay all reasonable legal, administrative, enforcement, and recovery costs incurred by PeakFriend in collecting overdue amounts.
5. Installation, Access & Site Conditions
You must ensure your home or business is ready for installation.
Additional fees may apply if:
Access is restricted
The site is unsafe
Additional cabling, electrical work, or hardware is required
Technicians must be provided safe, unobstructed access at the agreed appointment time.
If equipment must be removed (e.g., due to cancellation, relocation, or non‑payment), you agree to pay the technician uninstallation fee, including labour and reasonable travel costs.
6a). Software, Third-Party Services & Integrations
PeakFriend uses third-party software and hardware providers.
You agree to comply with their respective terms of use.
PeakFriend is not responsible for faults, outages, downtime, or disruptions caused by:
Internet or network issues
Power outages
Third-party software (e.g., Alarm.com)
Manufacturer faults
Your home or business network equipment (e.g., routers)
We will take reasonable steps to support troubleshooting.
6b). Monitoring Third-Party Disclaimer & Liability Limitations
Monitoring services may be provided by a third-party licensed monitoring centre engaged by PeakFriend (for example Securitas Australia Pty Ltd). PeakFriend is not liable for any failure, delay, or error in the monitoring centre’s services, including missed alarms, false alarms, or response failures.
7. Subscription Fees
Some systems require ongoing subscription fees, including:
Monitoring and alert services
Cloud video storage
Remote app access
Reporting and analytics
Automation features
By subscribing, you agree to:
Provide valid payment details
Allow recurring billing
Pay invoices on time
Non-payment may result in suspension of services.
8. Cancellations, Termination & Uninstallation
8.1 Cancellation of Subscription
You may cancel a subscription at any time with written notice.
However:
No refunds apply for unused portions of billing periods (unless required by law)
All outstanding charges remain payable
If equipment needs to be removed, a technician uninstallation fee will apply
8.2 Termination by PeakFriend
We may suspend or terminate services if you:
Fail to pay amounts owed
Breach these Terms
Misuse or tamper with the system
Provide false information
Create safety risks for technicians
9. Hardware Ownership & Retention of Title
9.1 Ownership
All hardware, devices, and installed equipment remain the sole property of PeakFriend until all amounts payable (including deposits, subscriptions, installation fees, payment plans, interest, and charges) have been paid in full.
9.2 No Transfer Until Completion of Payment
Title does not transfer to you until all payments are made and cleared.
9.3 Customer Responsibilities
You must:
Keep equipment in good condition
Not relocate, sell, lease, or move equipment to another address without consent
Not allow anyone else to remove, modify, or tamper with equipment
Be responsible for loss, theft, or damage to PeakFriend-owned equipment, except where caused by normal wear and tear or manufacturer defects
In cases of damage, loss, or theft outside of warranty, you must pay the full replacement cost of the affected equipment.
10. Right of Entry & Recovery of Equipment
If you fail to pay any amount owed:
You grant PeakFriend and its authorised agents the legal right to enter your home or business (with reasonable notice where possible) to recover PeakFriend-owned equipment
You must not obstruct or deny access
If access is denied, you are responsible for all legal, court, and enforcement costs
This right continues after cancellation or termination
11. Personal Property Securities Act (PPSA)
11.1 Security Interest
You acknowledge that these Terms create a security interest in the equipment under the Personal Property Securities Act 2009 (Cth) (“PPSA”).
11.2 PPSR Registration
You consent to PeakFriend:
Registering a security interest on the PPSR
Describing the collateral in any manner permitted
Enforcing the security interest if you default
11.3 Waivers
To the extent permitted by law, you waive:
Notices of verification statements
Any rights that conflict with PeakFriend’s enforcement of its security interest
12. Service Availability
While we strive for high availability, we cannot guarantee:
Uninterrupted access
Zero downtime
No false alarms or missed alerts
Continuous functionality during power or internet outages at your home
Planned maintenance may occur with reasonable notice.
13. Limitation of Liability
To the fullest extent permitted by law, PeakFriend is not liable for:
Loss of profit, revenue, property damage or personal loss
Any indirect, special, or consequential damages
Failures caused by customer misuse, tampering, or non-compliant installation by others
Internet or power outages
Third-party platform failures (e.g., Alarm.com)
Our maximum liability is limited to the total amount you have paid us in the preceding 12 months.
14. Indemnity
You agree to indemnify and hold harmless PeakFriend, its directors, staff, and contractors against any claims, losses, or costs arising from:
Misuse of equipment
Unauthorised modification or tampering
Breach of these Terms
Unsafe installation conditions
Failure to pay amounts owed
You also agree to pay PeakFriend’s reasonable legal and recovery costs incurred in enforcing these Terms.
15. Changes to These Terms
We may update these Terms at any time.
Significant changes will be communicated via email or through your account dashboard.
Continued use of our services constitutes acceptance.
16. Governing Law
These Terms are governed by the laws of Victoria, Australia.
Any disputes will be resolved in Victorian courts.