Safety Ninja Safety and Compliance Services Agreement

This Safety and Compliance Services Agreement (“Agreement”) is made and entered into as of the Commencement Date (as defined below) by and between Safety Ninja (“Company,” “we,” “us,” or “our”) and the property owner (“Property Owner,” “you,” or “your”).

Services

Company agrees to provide safety and compliance services (“Services”) to Property Owner’s property or properties (“Property”), as described in the attached Schedule (“Schedule”). Services may include smoke alarm, gas, and electrical safety and compliance services, as well as additional works as agreed upon.

Each Service is subject to specific terms and conditions (“Service Terms”) as outlined in the Schedule. In the event of any conflict between these Terms and the Service Terms, these Terms shall prevail.

Acceptance of Terms

By accepting any or part of our Services, Property Owner acknowledges and agrees to be bound by these Terms.

Company may modify these Terms from time to time, including terms related to fees, charges, cancellations, and modifications to Services.

Property Owner is also bound by Company’s Privacy Policy upon entering into this Agreement. Property Owner consents to the collection, use, and disclosure of personal information (as defined in the Privacy Act 1988 (Cth)) by Company in accordance with the Privacy Policy.

Definitions

In this Agreement, the following terms shall have the meanings set forth below:

Additional Electrical Services : Additional services related to electrical safety and compliance for properties enrolled in the electrical safety service.
Additional Gas Services: Additional services related to gas safety and compliance for properties enrolled in the gas safety service.
Additional Works: Additional Gas Services and/or Additional Electrical Services.
Agent: Property Owner’s duly appointed agent for property management as of the Commencement Date.
Australian Consumer Law: Consumer legislation set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Callout:Travel to a Property to carry out Additional Works, including the first 15 minutes of labor.
Commencement Date: For each Service, the date the Service begins for an Enrolled Property; for the Safer Home Plan, the date the subscription starts.
Enrolled Property: A property enrolled to receive Services from the Company.
Excluded Property: A property that is not a domestic residential dwelling, not a property type ordinarily serviced by the Company, not enrolled in the Service, begins to be managed by a different agent during the Term, or has had the Service suspended or terminated.
Law: Any statute, regulation, instrument, by-law, or order relevant to the Services, including the Australian Consumer Law.
Property: Any residential dwelling owned by the Property Owner.
Quotation: An offer to complete Additional Works at an agreed price and terms.
Related Entities: Entities related to Safety Ninja as per the Corporations Act 2001 (Cth).
Safer Home Plan: A subscription package for multiple Services.
Service: An individual safety or compliance service provided by the Company.
Services: All safety and compliance services provided by the Company.
Service Terms: Specific terms and conditions for each Service outlined in the Schedule.
Term: The period from the Commencement Date to the Termination Date.
Termination Date: The date the Services end in accordance with these Terms.

Entire Agreement

This Agreement, including the Schedule and Privacy Policy, constitutes the entire agreement between the parties and supersedes all prior agreements, negotiations, and understandings, whether oral or written, relating to the subject matter hereof.

Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Victoria, Australia.

Notices

All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, by confirmed email, or by registered or certified mail, return receipt requested.

Provision of Services

During the Term of this Agreement, Company shall provide the Services to the Enrolled Property in exchange for payment of the Fees, as described in Section 5 below.

Fees and Payment

Fees for the Services shall be based on the specific Services the Enrolled Property is enrolled in. Company or Agent shall notify Property Owner of the applicable Fees at the time of enrollment, together with these Terms.

Property Owner hereby authorizes Agent to pay Company on Property Owner’s behalf for any Fees due and owing.

Company may adjust Fees from time to time, with prior written notice to Property Owner.

Suspension and Termination

Property Owner may terminate the Services for the Enrolled Property at any time by providing written notice to Company. Upon termination, the Property ceases to be an Enrolled Property and becomes an Excluded Property.

Company may immediately suspend Services if:

An invoice for one or more properties remains unpaid after the due date;
Property Owner or Agent breaches any term of this Agreement;
Property Owner or Agent fails to provide necessary information, including changes to previously provided information;
Instructions, information, documentation, approvals, or authorizations are not provided as required;
Property Owner or Agent does not provide access to the Property, including tenant contact details, keys, or right of access;
Property Owner, Agent, or tenant advises against entering the Property due to health concerns; or
Property Owner fails to follow professional advice to ensure compliance of tested and maintained equipment.

Upon suspension, Company may terminate this Agreement by written notice to Property Owner or Agent.

Consequences of Suspension or Termination

Upon suspension or termination, the Property becomes an Excluded Property and is no longer eligible for Services.

Company is entitled to recover unpaid Fees accrued up to the termination date.

Company disclaims all liability for compliance obligations or installation, repair, or maintenance of equipment tested or maintained as part of the Services (“Serviced Equipment”).

Property Owner assumes all risks and liabilities associated with Serviced Equipment and compliance obligations.

If termination is due to Agent no longer managing the Property, Property Owner indemnifies Agent for any fees owed to Company.

Cancellation Policy

Cancellation or termination of the Safer Home Plan is subject to Company’s Cancellation Policy.

Restrictions and Exclusions

Statutory Warranties:

Safety Ninja’s obligations regarding the Services are limited to ensuring they are:

Provided with reasonable care, skill, and technical knowledge;
Fit for their intended purpose or achieve agreed-upon results; and
Delivered within a reasonable timeframe if no end date is specified.These are collectively referred to as “Statutory Warranties.”

Company’s Agreed Liabilities:

Safety Ninja shall be liable to Property Owner for:

Damage to the Property caused by Safety Ninja’s fault, negligence, or fraud during the provision of Services; and
Death or personal injury caused by Safety Ninja or its personnel.These are collectively referred to as “Our Agreed Liabilities.”

Contributory Negligence:

If Property Owner contributes to any loss or damage, Safety Ninja’s liability will be reduced proportionately.

Exclusion of Warranties and Limitation of Liability:

Subject to any non-excludable rights under the Australian Consumer Law or other applicable legislation, Property Owner acknowledges and agrees that:

Safety Ninja provides no warranties and accepts no liability beyond the Statutory Warranties and Agreed Liabilities. Any implied warranties are excluded to the fullest extent permitted by law.
Safety Ninja is only liable for Services in which Property Owner or Agent has validly enrolled and disclaims all liability for unenrolled Services.
Safety Ninja disclaims all liability for indirect or consequential losses, including loss of profits, business, revenue, data, system performance, equipment value, or anticipated savings, in connection with the Services or reliance on information provided by Safety Ninja outside of these Terms.

Reasonable Timeframe:

Safety Ninja will provide Services within a reasonable timeframe, considering demand and uptake. Dates for service provision are best estimates and not guarantees.

Force Majeure:

Safety Ninja shall not be liable for delays or non-performance caused by circumstances beyond its reasonable control, such as equipment failure, communication issues, unauthorized access, natural disasters, labor disputes, or government restrictions.

Excluded Properties:

Safety Ninja is not liable for acts or omissions regarding Excluded Properties. From the date a property becomes Excluded, Property Owner indemnifies Safety Ninja for any claims, costs, liabilities, or damages related to that property, including those for personal injury, death, or property damage.

Limitation of Property Owner’s Liability

roperty Owner shall not be liable to Safety Ninja for any indirect or consequential losses arising from a breach of these Terms.

Survival, Governing Law, and Assignment

Obligations related to post-suspension/termination, restrictions and exclusions, indemnities, and this clause shall survive termination or expiry of this Agreement.

This Agreement is governed by the laws of the state or territory where the Property is located. If any provision is unenforceable, it shall be severed, and the remaining provisions shall remain in effect.

Property Owner may transfer or assign their rights (if assignable). Safety Ninja may transfer or assign some or all of its rights and obligations.

Schedule: Service Terms

Smoke Alarm Safety & Compliance Service

Your Obligations Under the Law

This Schedule outlines the Service Terms for the annual Smoke Alarm Safety & Compliance Service (“Scheduled Smoke Alarm Service”) and Guarantee Services (together, “Smoke Alarm Services”). The Service Fee for each Scheduled Smoke Alarm Service is $99 (plus GST).

The term “Smoke Alarm” collectively refers to any of the following:

Wireless Smoke Alarm: Detachable, portable, battery-powered smoke alarms.
Wired Smoke Alarm: 240v mains-powered smoke alarms hardwired to the mains.
FIP Linked Smoke Alarm: Smoke alarms linked to a security system or fire indication panel.
Interconnected Smoke Alarm: Smoke alarms interconnected with other smoke alarms at a property.

Scheduled Smoke Alarm Service

For each Enrolled Property (excluding Excluded Properties), Safety Ninja will perform a Scheduled Smoke Alarm Service at least annually. This service includes:

Annual maintenance checks on each Smoke Alarm, including cleaning, testing, and checking expiry.
Annual battery checks for all Smoke Alarms.
Assessment of positioning and functionality against legal requirements, identifying any Excess Smoke Alarms (those exceeding legal requirements).
Replacement or rectification of non-compliant, faulty, or expired Smoke Alarms (excluding Interconnected, Excess, and Low Voltage Smoke Alarms linked to fire indication panels). Replacing Wired Smoke Alarms may require an electrician, arranged at no extra cost to you. Temporary Wireless Smoke Alarms may be installed while awaiting electrician attendance. If interconnection is required due to building regulations, Safety Ninja will provide a quote.
Creation of a report for each service and maintenance of a photo database of all Smoke Alarms for audit purposes.

Smoke Alarm Guarantee Services

For each Property that has received the annual service (and is not an Excluded Property), call-out and rectification costs for all Smoke Alarms (excluding Interconnected, Excess, and FIP Linked Smoke Alarms) will be covered for 12 months following each Scheduled Smoke Alarm Service. This is known as the “Service Guarantee.” If a Property becomes an Excluded Property, the Service Guarantee is void.

Relocating & Replacing Smoke Alarms

Safety Ninja technicians will take reasonable care when relocating or replacing Smoke Alarms, but they are not professional painters/plasterers. Any residual damage from the original installation or the relocation/replacement process is not covered by Safety Ninja. Property Owner may request a quote for professional repair at their own expense.

Smoke Alarm Services – Exclusions

In certain circumstances, the Smoke Alarm Service might reveal the need for asbestos removal. If this occurs, the costs associated with asbestos removal by a specialist contractor are not included in Safety Ninja’s services and will be the responsibility of the Property Owner.

Gas Safety & Compliance Service

This section of the Schedule details the Service Terms for the biennial (every 2 years) Gas Safety & Compliance Service (“Scheduled Gas Service”) and any Additional Gas Services (collectively referred to as “Gas Services”).

Service Fee:

The Service Fee for each Scheduled Gas Service is $449 (plus GST).
If the Property has only one Gas Appliance, the fee may be reduced to $249 (plus GST).
Additional Gas Services are billed according to a Quotation, or if none is provided, as per the pricing in Schedule 4.

Gas Appliance:

The term “Gas Appliance” refers to any gas appliance provided by the Property Owner at the Property. It excludes appliances supplied by tenants and includes, but is not limited to:

Cooktop
Hot Water Continuous Flow (External/Internal)
Space Heater (Room Sealed/Cupboard)
Ducted Heating (External/Roof)
Hot Water Storage Tank (External/Internal)
Wall Furnace (Power Flue)
Wall Oven/Free Standing Oven
Room Sealed Instantaneous Hot Water
Hydronic Heating
Gas Log Fire
Solar Hot Water
Pool Heating
Gas Potbelly/Space Heater
Mains Connected Gas BBQ

Scheduled Gas Service

For each Enrolled Property (excluding Excluded Properties), Safety Ninja will conduct a Scheduled Gas Service at least once every two years. This service includes:

Gas safety and compliance check of all accessible gas installations, Gas Appliances, and fittings by or under the supervision of a registered ‘Type A servicing’ gas fitter. This includes a full service, maintenance check, and, where applicable, a safety and spillage check with a carbon monoxide analyzer and negative pressure test.
A digital Gas Safety & Compliance Report following each service.
Pressure retention test of the main gas line into the Property.

Additional Gas Services

In addition to the Scheduled Gas Service, Property Owner or Agent may request Additional Gas Services at an Enrolled Property. These services can be provided in the following ways:

With Property Owner or Agent’s approval of a Quotation for Additional Gas Services, in accordance with the terms of the Quotation; or
Upon valid submission of an Urgent Job Request by Property Owner or Agent.

Inclusions for Safer Home Plan Properties

For Properties subscribed to the Safer Home Plan that includes the Scheduled Gas Service (and are not Excluded Properties), Safety Ninja will provide, at no additional charge to the Property Owner:

Callouts for confirmed safety issues related to gas installations, appliances, and fittings, as reported under the Urgent Jobs Framework.
Callouts for Gas Appliance breakdowns, including pilot light relights (as detailed in Schedule 4).
Certain free parts (e.g., thermocouple replacements), including installation, as outlined in Schedule 4.

However, recurring faults in a Gas Appliance are excluded if the Property Owner declines the recommended rectification.

Gas Services – Exclusions

The cost of asbestos removal by a specialist contractor, if necessary, is not included in the Gas Services and is the responsibility of the Property Owner.

Any gas installation, appliance, or fitting that is inaccessible is excluded from the Scheduled Gas Service. Inaccessible means the item cannot be reached due to circumstances beyond Safety Ninja’s control, such as:

Location under the house, in the roof, on the roof, or obscured by heavy or immovable objects.
Positioning above a safe operating height.
An area where a renter refuses access or safe access.

Safety Ninja will notify the Property Owner if an item is deemed inaccessible. Any additional costs to gain access are not included in the service and are the responsibility of the Property Owner. Safety Ninja may offer a solution through a Quote but is not obligated to do so.

Electrical Safety & Compliance Service

This section outlines the terms for the biennial (every two years) Electrical Safety & Compliance Service (“Scheduled Electrical Service”) and any additional electrical services requested (collectively, “Electrical Services”).

Electrical Appliance:

“Electrical Appliance” refers to any electrical appliance provided by the Property Owner at the property. This excludes solar installations and appliances supplied by tenants. Examples include electric ovens, heaters, hot plates, air conditioners, hot water units, dishwashers, and range hoods.

Scheduled Electrical Service

For each Enrolled Property (excluding Excluded Properties), Safety Ninja will perform a Scheduled Electrical Service at least biennially. This service entails:

A comprehensive safety and compliance check of all accessible electrical installations, fittings, and Electrical Appliances by a qualified electrician or under their supervision.
Issuance of a digital Electrical Safety & Compliance Report after each service.
A thorough inspection of the switchboard, including a condition and safety check, insulation resistance test, and RCD/safety switch test.
Inspection of all accessible power points, including earth loop and polarity tests.
Safety check of Electrical Appliances, assessing damage to plugs, leads, and casings.

Additional Electrical Services

Beyond the Scheduled Electrical Service, Property Owner or Agent may request Additional Electrical Services. These can be provided:

Upon approval of a Quotation for Additional Electrical Services, as per the Quotation’s terms; or
Upon submission of a valid Urgent Job Request, in accordance with Schedule 4 (Additional Works).

Electrical Services – Exclusions

In some cases, the Electrical Service might reveal the need for asbestos removal. If this happens, the cost of such removal by a specialist contractor is not included in Safety Ninja’s services and will be borne by the Property Owner.

Electrical installations, fittings, or Electrical Appliances that are inaccessible due to circumstances beyond Safety Ninja’s control are excluded from the Scheduled Electrical Service. Inaccessibility can be temporary or permanent and may include situations where the item is:

Located under the house, in the roof, on the roof, or behind objects that cannot be safely moved due to weight or potential damage.
Positioned at a height exceeding safe working standards.
In an area where a tenant denies access or safe access.

Safety Ninja will inform the Property Owner if an item is deemed inaccessible. Any additional costs incurred to gain access are not covered by Safety Ninja and are the sole responsibility of the Property Owner. While Safety Ninja may offer a solution through a Quotation, it is not obligated to do so.

Additional Works

This section of the Schedule outlines the pricing for Additional Works, which include both Additional Gas Services and Additional Electrical Services.

For Enrolled Properties (excluding Excluded Properties), Safety Ninja will perform Additional Works according to the pricing specified below, subject to the Property Owner fulfilling their obligations under these Terms.