Protectcorp Pty Ltd – Terms & Conditions of Service

Effective 1 July 2025 
Protectcorp Australia

ABN: 45 604 594 514
Address is 1/28-34 Dominions Road, Ashmore QLD 4214

T: 1300 60 70 70 E: enquiries@protectcorp.com.au

1. Definitions

• Agreement – these Terms & Conditions together with any accepted quotation, proposal, schedule or annexure.
• Client – the person, firm or entity named on the quotation that engages Protectcorp to supply Services.
• Protectcorp – Protectcorp Pty Ltd, ABN 45 604 594 514 and all of its officers, employees, contractors and agents.
• Services – the security-related services described in an accepted quotation (for example guarding, patrols, cash-in-transit, close protection, event security, consultancy or monitoring).
• Personnel – any person supplied or engaged by Protectcorp to perform the Services.
• Site – the Client’s premises or any location where the Services are delivered.

2. Scope of Agreement

1. A quotation issued by Protectcorp is open for acceptance for thirty (30) days unless stated otherwise.
2. Acceptance occurs when the Client signs, emails or otherwise confirms the quotation in writing.
3. This Agreement supersedes all prior negotiations or representations unless expressly incorporated.
4. If there is any inconsistency, the wording of the quotation prevails over these Terms & Conditions.

3. Deliverables & Service Levels

• Personnel – Protectcorp will supply suitably licensed, trained and uniformed personnel in accordance with applicable security legislation.
• Service times – Services will be provided on the dates, at the locations and for the durations specified in the quotation (or as later agreed in writing).
• Equipment & vehicles – Protectcorp will provide communications equipment, GPS-tracking devices, firearms (where licensed) and vehicles suited to the risk profile.
• Reporting – Daily occurrence logs, incident reports and patrol verification (NFC, GPS or photographic) will be provided electronically unless the parties agree otherwise.
• KPIs – Where a Service Level Schedule sets key-performance indicators, Protectcorp will use reasonable endeavours to achieve them; failure to meet a non-critical KPI is not a material breach.

4. Client Responsibilities

• Provide safe access, site induction, emergency procedures, parking and amenities for Personnel.
• Supply all policies, risk assessments, maps and contact lists needed for the Services.
• Maintain the Site in compliance with Work Health & Safety legislation.
• Obtain all permits, landlord or venue approvals that are necessary.
• Issue, and remain responsible for, all keys, access cards and alarm codes required.

5. Fees, Invoicing & Payment

1. Charges are as stated in the quotation and may include hourly labour, kilometre allowances, public-holiday loadings, equipment hire and expenses.
2. A four-hour minimum applies to every guard shift unless otherwise agreed.
3. Protectcorp will invoice weekly in arrears unless the quotation specifies a different cycle.
4. Invoices are payable within fourteen (14) days of the invoice date. Overdue amounts accrue interest at eight percent (8 %) p.a. calculated daily.
5. Additional duties requested by the Client or caused by circumstances beyond Protectcorp’s control will be invoiced at prevailing rates.
6. Unless expressly stated, all prices are exclusive of GST.

6. Confidentiality & Privacy

• Each party must keep confidential all proprietary or sensitive information obtained under this Agreement, except where disclosure is required by law.
• Protectcorp handles personal information in accordance with the Privacy Act 1988 (Cth) and its Privacy Policy (see separate page).

7. Insurance & Indemnity

• Protectcorp maintains the following insurances:
  • Public & Products Liability – AUD 20 million per occurrence
  • Workers Compensation – as required by law
  • Professional Indemnity – AUD 10 million
  • Cash & Crime (for CIT) – up to the value specified in the quotation
• Protectcorp indemnifies the Client against damage caused by the wilful misconduct or gross negligence of Protectcorp Personnel.
• The Client indemnifies Protectcorp against claims arising from hazards on the Site, inaccurate instructions, or unlawful acts requested by the Client.

8. Limitation of Liability

• Protectcorp’s aggregate liability is limited to the lesser of AUD 10 million or the total fees paid by the Client in the preceding twelve months.
• Protectcorp is not liable for indirect, special or consequential loss (including loss of profit, revenue or reputation).
• Nothing in these Terms limits any non-excludable rights under Australian Consumer Law.

9. Weapons & Use of Force

• All armed Personnel hold current firearms licences and complete annual competency assessments.
• Force will be used only where reasonably necessary to protect life or prevent serious injury or property loss, and always in accordance with law and Protectcorp SOPs.

10. Work Health & Safety

• Protectcorp will conduct a WHS risk assessment before commencing Services.
• Incidents, injuries or near misses will be reported to the Client within twenty-four (24) hours (or sooner if serious).
• All Personnel are subject to a zero-tolerance drug and alcohol policy.

11. Force Majeure

Neither party is liable for delay or failure to perform caused by events beyond reasonable control (including natural disaster, pandemic, industrial action or government order). The affected party must notify the other and resume performance as soon as practicable.

12. Term & Termination

• This Agreement begins on acceptance and continues until completion of the Services or earlier termination.
• Either party may terminate ongoing Services for convenience with thirty (30) days’ written notice (shorter notice may apply to one-off events).
• Either party may terminate immediately if the other materially breaches and fails to remedy within fourteen (14) days of notice.
• Upon termination the Client must pay for all Services rendered up to the effective date plus any unavoidable costs already incurred.

13. Subcontracting & Assignment

• Protectcorp may subcontract elements of the Services to vetted providers but remains responsible for their performance.
• Neither party may assign this Agreement without the written consent of the other (consent not to be unreasonably withheld).

14. Intellectual Property

All training materials, reports, logs and plans created by Protectcorp remain its intellectual property; the Client receives a non-exclusive licence to use them internally.

15. Dispute Resolution

• The parties will attempt to resolve disputes by senior-management discussion within fourteen (14) days.
• If unresolved, either party may refer the dispute to mediation administered by the Australian Disputes Centre.
• Court proceedings may not commence until mediation is complete, except for urgent interlocutory relief.

16. Governing Law

This Agreement is governed by the laws of the State or Territory where the Services are primarily delivered. Each party submits to the non-exclusive jurisdiction of those courts.

17. Notices

Notices must be in writing and delivered by email, courier or registered post to the addresses last notified. A notice is deemed received:

• when the sender’s email server records successful transmission;
• on recorded courier delivery; or
• three business days after posting by registered mail.

18. General Provisions

• 18.1 Variations – Any change to this Agreement must be in writing and signed by both parties.
• 18.2 Severability – If a clause is unenforceable it will be severed and the remainder will continue in force.
• 18.3 Waiver – A waiver is effective only if in writing and applies to the specific instance waived.
• 18.4 Relationship – Protectcorp is an independent contractor; nothing creates a partnership, joint venture or employment relationship with the Client.
• 18.5 Counterparts – This Agreement may be executed electronically and in multiple counterparts.

Questions? Contact Protectcorp Legal & Compliance on 1300 60 70 70 or enquiries@protectcorp.com.au