Terms of Sale

1. Application

These Terms of Sale, together with the specific quote you accept, form the whole agreement between Owls Nest Solutions Pty Ltd (ABN 32 699 767 587, "we", "us", "our") and you ("Customer") for the work described in that quote. They apply from the moment you accept a quote - by signature, email confirmation, paying a deposit, or asking us to proceed, whichever happens first. If anything in your purchase order or similar document conflicts with these terms, these terms take precedence unless we agree otherwise in writing.

2. Quotes and pricing

A quote is valid for 30 days from the date it's issued unless a different period is stated on the quote itself. Prices are in Australian dollars and include GST unless stated otherwise. Quoted prices are based on the scope described in the quote - if the scope changes once work has started (for example, unexpected cabling runs, access issues, or a client-requested addition), we'll let you know before doing the extra work and agree a variation in writing before proceeding, except where immediate action is reasonably necessary for safety or to prevent damage.

3. Deposits and payment

Where a deposit is required, it's stated on the quote and is payable before work is scheduled. The balance is payable on completion unless the quote sets out a different payment schedule (for example, staged payments on a larger installation). Invoices are payable within 14 days unless otherwise agreed. Late payment may attract interest at the rate prescribed under the Western Australian Civil Judgments Enforcement Act 2004, and we reserve the right to suspend ongoing services (such as managed services or monitoring) for overdue accounts after reasonable notice.

4. Cancellation

You can cancel a scheduled job by giving us at least 2 business days' notice before the scheduled date, in which case any deposit paid is refunded in full less any costs we've already reasonably incurred (such as materials ordered specifically for your job). Cancellation with less notice, or on the day, may forfeit part or all of the deposit to cover callout and scheduling costs already incurred. We may cancel or reschedule a job with reasonable notice if something outside our control prevents us attending (illness, extreme weather, a supplier delay).

5. Cooling-off period

Most of our work is quoted following a specific request from you (an enquiry, a site visit, or a quote you've asked for), so it doesn't fall within the unsolicited consumer agreement provisions of the Australian Consumer Law that trigger a statutory cooling-off period. If a quote you accept was genuinely unsolicited (for example, we approached you directly rather than you requesting a quote), the 10 business day cooling-off period under the Australian Consumer Law applies and will be stated on that quote.

6. Consumer guarantees

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law (or any other law) that can't lawfully be excluded. Where our liability for a failure to meet a consumer guarantee can lawfully be limited, our liability is limited, at our option, to resupplying the services or paying the cost of having the services resupplied.

7. Workmanship warranty

We warrant that installation work is performed with due care and skill, and that materials and equipment we supply are fit for the purpose described in the quote. Unless a longer period is stated on your quote, we warrant our own installation workmanship for 12 months from completion against defects arising from that workmanship - this doesn't cover manufacturer defects in equipment (which are covered by the manufacturer's own warranty, and we'll help you claim it), damage from misuse, unauthorised modification, or normal wear and tear. To claim under this warranty, contact us and we'll arrange to inspect and, where the claim is valid, remedy the defect at no cost to you.

8. Data handling

Delivering most of our services means we hold data that belongs to you or relates to people connected with your organisation - network credentials and configuration data for managed services, camera footage and access logs for physical security and CCTV installations, and personal information about individuals who aren't our direct client for investigations or mercantile/debt-recovery work (for example, a person being located, a debtor, or a subject of an investigation). In every case, we handle it strictly to the extent necessary for the lawful purpose of your engagement, in accordance with our Privacy Policy and, where applicable, our security and inquiry agent licensing obligations. Specifically:

• We hold data collected for or generated by your engagement only for as long as necessary for that engagement and any legal, regulatory or contractual retention requirement (for example, a client-specified CCTV footage retention period, or logs needed to support a managed-services SLA), then securely destroy or de-identify it.
• We don't share your data with any third party except as necessary to deliver the engagement (for example, a manufacturer's support team for a warranty claim, a licensed WA debt collector we act as subcontractor for on mercantile work, or a subprocessor listed on our Third-Party Relationships page), or where required by law.
• Where we hold administrative access to your systems (managed services, managed security, monitored CCTV), that access is limited to what's needed to deliver the agreed service and is protected by our own information security controls.
• If we become aware of a data breach affecting data held in connection with your engagement, we'll notify you without undue delay, and provide reasonable assistance if you need to meet your own notification obligations under the Privacy Act 1988 (Cth), the Notifiable Data Breaches scheme, or other applicable law.
• You remain responsible for your own obligations regarding any data you provide to us or collect using systems we've installed or manage for you (for example, ensuring you have a lawful basis to operate CCTV covering a given area, or to collect and disclose information to us).

9. Limitation of liability

To the extent permitted by law, and subject to Section 6 (Consumer guarantees), our total liability arising from or in connection with an engagement is limited to the amount you paid us for that engagement. We're not liable for indirect or consequential loss, including lost profits or lost data, except where that liability can't lawfully be excluded.

10. Confidentiality

Each party will keep confidential any non-public information disclosed by the other in connection with an engagement, and only use it for the purpose of that engagement, except where disclosure is required by law or already agreed in writing.

11. Dispute resolution

If a dispute arises, please contact us first so we can try to resolve it directly. If we can't resolve it between us within 30 days, either party may refer the dispute to mediation before starting court proceedings, except where urgent interim relief is needed.

12. Governing law

These Terms of Sale are governed by the law of Western Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Western Australia.

13. Changes to these terms

We may update these Terms of Sale from time to time. The version that applies to your engagement is the one current when you accepted your quote - later changes don't apply retrospectively to work already agreed.

14. Contact us

Owls Nest Solutions Pty Ltd
ABN 32 699 767 587 · Security & Inquiry Agent Licence: 82217


PO Box 246, Joondalup WA 6919

This document is a general-purpose Terms of Sale drafted for a small Western Australian security and compliance services business. It hasn't been reviewed by a solicitor - if a dispute or an unusual engagement arises, get specific legal advice rather than relying on this page alone.