Scope of Works & Handover

1.1  Installation Works

OG Data (the Contractor) agrees to perform physical installation works, including structured cabling, device mounting, and initial network commissioning, as specified in the accepted quote.

1.2  Concealed site conditions

If concealed site conditions or previously unknown building conditions (including, but not limited to, asbestos, concealed services, structural obstructions, inaccessible roof or wall cavities, or non-compliant existing installations) prevent or materially affect completion of the quoted works, the Contractor may propose a variation to the scope, price, or completion timeframe. No additional work will be undertaken without the Client’s approval, except where required to make the site safe or comply with applicable laws.

1.3  Client responsibilities

The Client must provide the Contractor with safe and reasonable access to the site, adequate power where required, and work areas that are reasonably clear of obstructions. Any delay or additional work resulting from restricted access, unsafe conditions, or site readiness issues may result in additional charges or revised completion timeframes.

1.3A  Waiting time & access delays

Where the Contractor attends site at an agreed time but cannot commence or continue works due to restricted access, an unsafe site, or the site not being ready, waiting time will be charged after the first 15 minutes, in 15-minute increments, at the Contractor's standard hourly rate (see Section 4). Where the Contractor cannot proceed at all due to such circumstances, a reattendance fee (minimum one hour at the standard rate, plus travel) may also apply.

1.3B  Rescheduling & cancellation

The Client must provide at least 24 hours' written notice to reschedule or cancel a confirmed installation date. Where less than 24 hours' notice is given, the Contractor may charge a minimum one-hour call-out fee at the standard rate (see Section 4), plus any direct costs already incurred (including materials ordered specifically for the job).

1.3C  Quote validity

Unless otherwise stated in the quote, all quotes provided by the Contractor are valid for 14 days from the date of issue. After this period, the quote may need to be reissued to reflect current pricing, hardware availability, or lead times.

1.4  Variations to scope

Any work requested by the Client after acceptance of the quote that is outside the agreed scope of works will be treated as a variation. Variations will be priced at the Contractor’s current rates or as otherwise agreed in writing before the additional work is carried out.

1.5  Handover & Acceptance

Upon completion, a formal handover will occur. At that time, the system will have been installed in accordance with the accepted quote, demonstrated to the Client, and accepted by the Client.

1.6  Digital Ownership Transfer

Digital ownership of the Ubiquiti Console or Cloud Gateway will be transferred to the Client upon receipt of full and cleared payment of the final invoice. The Client assumes full responsibility for account credentials, security access, and system administration thereafter.

1.7  Exclusion of ongoing network maintenance

The Contractor provides physical installation and initial deployment configuration services only. The Contractor does not provide ongoing IT administration, network monitoring, helpdesk support, or managed services. Ongoing network management, security monitoring, and user administration remain the sole responsibility of the Client or their nominated third-party Managed Services Provider (MSP).

Warranties & the OG Guarantee

2.1  The OG Guarantee — Workmanship Warranty

The Contractor provides the OG Guarantee: a 5-year workmanship warranty from the date of practical completion and handover, covering physical cable runs, patch panels, wall terminations, mounting fixtures, and enclosure installations. Any failure due to a workmanship or installation fault, including structural mounting failure, will be repaired or replaced at no cost to the Client. This warranty covers only the Contractor's permanent installation works, and excludes removable patch leads, customer-supplied devices, and equipment not installed by the Contractor. The OG Guarantee relates to workmanship only — hardware warranty cover is addressed separately below.

2.2  Hardware Warranty — Standard (2-Year Advance Replacement)

Where the accepted quote specifies core Ubiquiti hardware — such as UNVR consoles, switches, cloud gateways, WiFi access points, and security cameras — it is backed by a 2-year advance replacement program as standard, commencing from the date the deposit is received and the hardware is ordered. The Contractor manages the replacement process on the Client's behalf, including vendor liaison and claim lodgement, with a replacement unit typically dispatched ahead of the faulty unit being returned, but does not guarantee vendor processing, dispatch, or logistics timelines.

Exception: outdoor bridge/point-to-point wireless equipment is covered by the manufacturer's standard warranty only, due to sustained outdoor exposure, unless additional coverage is separately quoted.

2.3  Hardware Warranty — Optional Extended Cover

Extended hardware cover is available for eligible core infrastructure — including gateways, PoE switches, and other single-point-of-failure devices — via the manufacturer's extended care program. Not all hardware is eligible for this program; the Contractor will confirm in the accepted quote which specific items qualify. Where the Client elects to add extended cover, it must be selected and paid for at the time the Contractor places the hardware order — it cannot be added retrospectively once an order has been placed. Where purchased, extended cover lengthens the hardware replacement guarantee beyond the standard 2-year term for the specific devices covered.

2.4  Hardware Warranty — Non-Ubiquiti Installs

Non-Ubiquiti hardware sourced and supplied by the Contractor — including storage media (NVR hard drives) and UPS batteries — is covered by the relevant manufacturer's own warranty from the date the deposit is received. The Contractor manages warranty claims on the Client's behalf, including manufacturer liaison and the RMA process, but does not guarantee manufacturer response or turnaround times.

2.5  Client-supplied Hardware

Where hardware is supplied directly by the Client, the Contractor acts only as an installation agent. Warranty claims for client-supplied equipment must be lodged directly with the manufacturer by the Client. The Contractor will provide reasonable assistance, including confirming the installation date, but accepts no responsibility for manufacturer response times or outcomes.

2.6  Fault Verification

Upon notification of a suspected fault in hardware covered under Clause 2.2, the Contractor will inspect the affected device to confirm whether it is a genuine spontaneous internal failure or attributable to an external cause (such as a damaged or disconnected cable, power interruption, physical damage, or other client-side interference). Only confirmed genuine internal failures are eligible under the applicable warranty term, and where confirmed, claim lodgement will be expedited where vendor programs permit. Where the fault is found to be external, or no fault is found at all, the inspection and any further attendance will be charged at the Contractor's standard rates (see Section 4), regardless of when in the applicable warranty term this occurs.

2.7  First 12 Months

Where a fault in hardware is confirmed under Clause 2.6 as genuine within the first twelve (12) months of the deposit date, the Contractor will swap the faulty unit and re-adopt it into the controller at no charge, in addition to the Clause 2.6 inspection. This complimentary truck roll applies only to hardware covered under Clause 2.2 or 2.3 — it does not extend to non-Ubiquiti hardware (Clause 2.4) or client-supplied hardware (Clause 2.5), where a site visit can still be arranged but is charged at standard rates.

2.8  After the First Year — Labour Charged, Hardware Per Warranty Status

From month 13 onward, on-site labour, travel, and any equipment required to diagnose, uninstall, swap, and re-commission a unit are charged at the Contractor's standard rates (see Section 4), regardless of warranty status or hardware brand. The hardware device itself is replaced at no charge where it remains within an applicable warranty term — the standard 2-year program under Clause 2.2, extended cover under Clause 2.3 for eligible devices, or the relevant manufacturer's warranty period for non-Ubiquiti hardware under Clause 2.4. Where a device is no longer within any applicable warranty term, a replacement unit will need to be purchased new. The Contractor remains available to attend site and carry out any replacement for a fee even where a device is outside its warranty term. This clause does not extend to client-supplied hardware.

2.9  Warranty Exclusions & Photographic Baseline

The OG Guarantee and the hardware warranty cover described above do not apply where damage or failure is caused by any of the following:

  1. Extreme weather events and natural disasters, including but not limited to direct lightning strikes, electrical grid surges, storms, hail, flooding, or water ingress from roof, wall, or structural failures.
  2. Accidental physical damage, vandalism, or building movement (see Clause 2.14 for wildlife, insect, and vegetation-related exclusions).
  3. Any physical modification, removal, or interference with installed equipment or cabling by a third party, including the client, internal IT staff, or other trades.
  4. Firmware or software changes made outside the Contractor's original configuration guidelines.
  5. Failure of third-party electrical infrastructure including inadequate surge protection, unstable mains power, or non-compliant earthing.

* Photographic and digital records captured at handover serve as the reference baseline for the system’s original condition. Where the Contractor reasonably determines that damage or failure resulted from an excluded cause above or unauthorised third-party handling, neither the OG Guarantee nor the hardware warranty cover applies, and any site attendance, inspection, and repair or reinstatement work will be charged at the Contractor's standard rates (see Section 4).

2.10  Notifying a Suspected Fault

Where the Client wishes to make a claim under the OG Guarantee or any hardware warranty described above, the Client must notify the Contractor in writing (email is sufficient), describing the suspected fault in reasonable detail, including when it was first noticed and any relevant photos where practical. This helps the Contractor assess the issue efficiently and is not intended to create a barrier to a genuine claim — the Contractor will work with the Client to clarify details where a notice is incomplete.

2.11  Outdoor Water Ingress & Condensation

Equipment installed externally or otherwise exposed to the elements is subject to unique environmental conditions not present in indoor installations. The OG Guarantee covers water ingress caused strictly by defective installation sealing at the time of handover. It does not cover internal condensation, humidity tracking, or moisture ingress arising from conditions that exceed the affected product's manufacturer-stated IP (Ingress Protection) rating.

2.12  Outdoor PoE Connections — Corrosion & Electrolysis

Because Power over Ethernet (PoE) connections carry continuous voltage, airborne moisture can accelerate corrosion or electrolysis at outdoor connection points over time. Consistent with Clause 2.7, remediation of outdoor RJ45, keystone, or patch connections within the first twelve (12) months where a genuine workmanship fault is confirmed is covered under the OG Guarantee. Beyond twelve (12) months, corrosion or electrolysis at outdoor connection points is considered ordinary environmental wear and tear and is excluded, with any attendance charged at the Contractor's standard rates (see Section 4).

2.13  External Fasteners & Coastal Exposure

Surface rust or cosmetic oxidation on external mounting screws, brackets, or enclosures resulting from coastal salt spray or general weather exposure is excluded from the OG Guarantee, provided the structural mounting itself remains sound. Where such oxidation compromises the structural integrity of a mounting, Clause 2.1 continues to apply.

2.14  Wildlife, Insects & Vegetation

Damage, blockages, or connection drops caused by wildlife, insects nesting within enclosures or obstructing drainage paths, spiderwebs or debris affecting lenses or sensors, or vegetation growth encroaching on or shifting installed equipment, are excluded from the OG Guarantee. Routine cleaning of external lenses and sensors to remove such build-up is a Client maintenance responsibility and is not a workmanship matter.

These warranties are provided in addition to, and do not limit, any rights the Client may have under the Australian Consumer Law (ACL).

Exclusion of Software & Third-Party Firmware Liability

3.1  General Exclusion

In accordance with the Australian Consumer Law (ACL), the Contractor is not liable for system defects, feature loss, network dropouts, or device failure caused by third-party interventions after the point of handover.

3.2  Specific Exclusions

This exclusion strictly includes, but is not limited to: manufacturer-forced or user-initiated firmware updates; operating system upgrades; software bugs; third-party application changes; cloud service outages; and cyber-security vulnerabilities arising after handover.

3.3  Classification of Post-Handover Software Issues

If a manufacturer firmware update or software modification breaks system functionality after the handover date, this is classified as a software maintenance issue, not an installation defect, and is outside the scope of the workmanship warranty.

3.4  Recording Continuity During Software Updates

The Client acknowledges that UniFi Protect periodically requires manufacturer-driven software and firmware updates to maintain security and functionality. During these update cycles, the Protect application briefly restarts, resulting in a short recording and event-detection gap (typically in the order of minutes). Where cameras with local microSD edge-storage capability have been specified in the accepted quote, this feature can provide a degree of local recording redundancy during such interruptions, subject to a compatible microSD card being fitted; where the specified camera model does not include this capability, no local fallback recording exists during the update window. The Contractor does not guarantee continuous, gapless recording and is not liable for any loss of footage, missed detections, or consequential loss (including but not limited to loss arising from an incident occurring during such a gap) resulting from these standard manufacturer update cycles. This is a characteristic of the manufacturer's platform and is outside the Contractor's control.

Post-Handover Labour & Service Fees

4.1  Scope of Post-Handover Services

Any requests for technical support, network troubleshooting, firmware rollbacks, or physical hardware replacement after the handover date are outside the original scope of works and will be treated as a new engagement.

4.2  Standard Service Rates

Service Item Rate (inc. GST) Notes
Standard Call-Out Fee $150.00 Includes first 30 minutes on-site
Hourly Technical Rate $150.00 / hr Billed in 15-minute increments after first 30 minutes
Remote Technical Support $150.00 / hr Billed in 15-minute increments. Minimum 15-minute charge applies per remote session.
Rates are subject to change. The rates applicable at the time of booking will be confirmed in writing before any post-handover service is commenced.

4.3  Additional device integration (small works)

Requests to add, install, or integrate additional hardware devices (such as adding extra security cameras, access points, or smart home automation modules) to an operational system after handover are treated as Small Works. Small Works are subject to the standard call out fee plus the hourly technical rate for physical installation and programming. Hardware supplied for system expansions will be invoiced separately and is subject to the standard manufacturer warranties applicable at the date of purchase.

4.4  After-hours & emergency rates

Where the Client requests works or attendance outside the Contractor's normal business hours, the following multipliers apply to the standard labour rate in Clause 4.2:

Timing Multiplier
Weeknights (6pm–7am) 1.5×
Saturdays 2.0×
Sundays 2.0×
NSW public holidays 2.5×
These multipliers apply to labour only and are based on the standard call-out fee for the first hour of attendance. Any confirmed emergency or after-hours attendance will have applicable rates confirmed in writing prior to work commencing, where practical.

Payment Terms & Retention of Title

5.1  Deposit and Payment Structure

The deposit amount, payment stages, and timing of the final balance for each project are specified in the accepted quote and may vary depending on project scope, hardware lead times, and other risk factors. Where any part of a project falls within a category of work subject to a statutory maximum deposit under applicable NSW legislation, that statutory cap will be complied with regardless of any figure otherwise specified in the quote.

5.2  Progress Payments

For larger projects, progress payments may be billed at intervals specified in the accepted quote, corresponding to physical delivery of materials to site or defined completion stages.

5.3  Retention of title (ownership of goods)

Title to, and legal ownership of, all hardware, cabling, enclosures, and equipment supplied by the Contractor remains strictly vested in the Contractor and shall not pass to the Client until all invoices and associated technical fees are paid in full.

5.4  Credit arrangements & administrative ownership

The Contractor does not extend credit terms. Payment is strictly due upon handover. For existing clients with an established, long-term history of on-time payments, alternative credit terms may be approved strictly at the Contractor's discretion and must be confirmed in writing. In the event of non-payment or delayed settlement at handover, the Contractor may withhold transfer of primary digital ownership (Owner Account) and administrative ownership, and may suspend any ongoing support or warranty assistance, until payment is received.

5.5  Late payment interest and suspension of warranty

Invoices remaining unpaid past the designated due date will accrue interest at a rate of 10% per annum, calculated daily. Furthermore, the OG Guarantee (workmanship warranty), the hardware warranty cover described in Section 2, and the Contractor's warranty administration and support services will be suspended immediately until the account is settled in full. The Client agrees to reimburse the Contractor for reasonable costs incurred in recovering overdue amounts, to the extent permitted by law.

5.6  Personal Property Securities Act (PPSA)

Consistent with Clause 5.3 (Retention of Title), these Terms and Conditions constitute a security agreement for the purposes of the Personal Property Securities Act 2009 (Cth), and create a security interest in all goods and equipment supplied by the Contractor to the Client, whether previously supplied or supplied in the future, until paid for in full. The Client agrees to promptly sign any documents and provide any information reasonably required by the Contractor to register, amend, or maintain that security interest on the Personal Property Securities Register, and to reimburse the Contractor's reasonable costs of doing so.

Limitation of Liability & Force Majeure

6.1  No Guarantee of Uninterrupted Operation

The Contractor does not guarantee 100% uninterrupted uptime, continuous recording, or zero packet loss on any IP-based network or security system. Local network conditions, internet service provider outages, mains power interruptions, and manufacturer-driven software reboots are outside the Contractor's physical control and are not a defect in the Contractor's workmanship.

6.2  Limitation of Liability

To the maximum extent permitted by law, the Contractor's total liability arising from or in connection with the works, whether in contract, tort (including negligence), or otherwise, is limited, at the Contractor’s option, to re-supplying the services, repairing or replacing the goods supplied, or refunding the amount paid for those goods or services.

6.3  Exclusion of Indirect and Consequential Loss

To the maximum extent permitted by law, the Contractor is not liable for any indirect, special, or consequential loss or damage, including but not limited to loss of profits, loss of business opportunity, loss of data, or loss or damage to property or belongings, arising from or in connection with the works, including any loss arising from a security incident, break-in, or theft occurring during a period of reduced or interrupted system operation.

6.4  Customer Acceptance of Risk Where Recommended Safeguards Are Declined

Where the Client declines a safeguard recommended by the Contractor in the accepted quote or otherwise in writing (including but not limited to a UPS/battery backup unit, redundant storage configuration, or edge-recording hardware), the Client accepts all operational risk associated with that decision, and the Contractor is not liable for any loss or gap in coverage that the declined safeguard was intended to mitigate.

6.5  Force Majeure

The Contractor is not liable for any delay or failure to perform its obligations where such delay or failure arises from circumstances beyond its reasonable control, including but not limited to extreme weather events, natural disasters, manufacturer or supplier hardware shortages or shipping delays, internet service provider or telecommunications network outages, power grid failures, pandemic or government-imposed restrictions, and third-party cloud service outages.

Nothing in this Section 6 excludes, restricts, or modifies any right or remedy the Client has under the Australian Consumer Law (ACL) that cannot lawfully be excluded, restricted, or modified.

Documentation & Privacy

7.1  Installation Records

The Contractor may collect and retain installation photographs, network configuration information, equipment serial numbers, and commissioning records solely for the purposes of documentation, warranty administration, compliance, future support, and quality assurance. Such information will be handled in accordance with applicable privacy laws and will not be disclosed except where required by law or for warranty or supplier support purposes.

7.2  Confidentiality

Each party agrees to keep confidential any commercially sensitive information disclosed by the other in connection with the works, including network configurations, pricing, and business processes, and will not disclose such information to a third party except as required by law or as reasonably necessary to perform the works.

7.3  Intellectual Property

Any network diagrams, rack layouts, system designs, or documentation prepared by the Contractor remain the Contractor's intellectual property. The Client is granted a licence to use this documentation for the ongoing operation and maintenance of their own system, but it may not be reproduced, resold, or used for any other purpose without the Contractor's written consent.

7.4  Governing Law

These Terms & Conditions are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

Termination

8.1  Termination for convenience

The Contractor may terminate the agreed works for convenience by giving the Client at least 14 days' written notice, in which case the Client will only be liable for works performed and goods delivered up to the date of termination. The Client may terminate the agreed works for convenience by giving the Contractor at least 14 days' written notice, provided the Client pays for all works performed, goods delivered, and any reasonable costs already incurred (including non-cancellable hardware orders) up to the date of termination.

8.2  Termination for breach

Either party may terminate the agreement immediately by written notice if the other party commits a material breach that is not remedied within 7 business days of being notified in writing, or if the other party becomes insolvent or enters administration or liquidation.

8.3  Effect of termination

On termination for any reason, the Client must pay all amounts owing for works performed and goods delivered up to the date of termination, and each party's accrued rights and obligations up to that date remain unaffected. Clauses which by their nature are intended to survive termination (including retention of title, confidentiality, intellectual property, and limitation of liability) continue in force.

Dispute Resolution & Notices

9.1  Informal resolution

If a dispute arises in connection with these Terms and Conditions, the party raising the dispute must first give the other party 7 days' written notice describing the nature of the dispute. Both parties agree to make reasonable efforts to resolve the dispute informally within that period before pursuing any other remedy, except where urgent relief is required or where a party is entitled to suspend services or pursue recovery of overdue payment under Section 5.

9.2  Notices

Any formal notice under these Terms and Conditions must be in writing and delivered personally, by post (treated as received on the second business day after posting), or by email (treated as received once it enters the recipient's inbox), using the contact details specified in the accepted quote or otherwise provided in writing by the parties.

General

10.1  Entire agreement

These Terms and Conditions, together with the accepted quote, constitute the entire agreement between the parties regarding the works and supersede any prior discussions, quotes, or agreements on the same subject matter.

10.2  Waiver

A failure or delay by either party in exercising any right under these Terms and Conditions does not amount to a waiver of that right. A waiver is only effective if given in writing and applies only to the specific instance for which it is given.

10.3  Severability

If any provision of these Terms and Conditions is found to be void, unenforceable, or voidable, that provision is severable and the remainder of these Terms and Conditions continues in full force and effect.

OG Data — ABN 25 211 529 784 — Illawarra, Shoalhaven & Southern Highlands, NSW
These are OG Data's current standard terms and conditions and apply to all works quoted or invoiced.
Enquiries: oliver@ogdata.com.au  ·  02 4263 0660