Terms of Service

Client Terms & Conditions: Kessat Pty Ltd 

These Client Terms & Conditions cover the purchase of physical asset tags, hardware, and the engagement of professional on-site or remote tagging services from Kessat Pty Ltd (“Kessat”, “we”, “us”, or “our”).

Kessat Pty Ltd is a Asset Data Management Company, the proprietary services used for asset registration, and the digital databases provided to the client upon completion of services.

1. Acceptance of Terms & Conditions

1.1 By booking a service, purchasing asset tags, or accessing the Kessat Data Management Files, you agree to these Terms & Conditions and our Privacy Policy as a binding legal agreement.

1.2 If you do not agree to these Terms, you may not engage Kessat Pty Ltd for services.

2. Service Use & Conduct

2.1 Scope: We provides asset identification, physical tagging, and digital registry services within Australia.

2.2 Commercial Warranty: You warrant that you are authorized to provide Kessat Pty Ltd access to the assets being tagged and that the service is for legitimate business or organizational purposes

2.3 Prohibitions: You agree:

(a) Not to use the Kessat system for illegal tracking of third-party property;

(b) Not to attempt to reverse-engineer or “scrape” the Kessat digital registry software;

(c) Not to interfere with the safety or security of Kessat personnel during on-site tagging.

3. Pricing & GST

3.1 All prices are quoted in Australian currency (AUD) and are Exclusive of GST.

3.2 Travel Fees: For on-site services, Kessat Pty Ltd reserves the right to charge travel or accommodation fees for locations outside of major metropolitan areas. These will be disclosed and agreed upon prior to the service date.

4. Payment & Deposits

4.1 On-Site Services: A deposit of 35% of the quoted service fee is required to confirm a booking. The remaining balance is due within 7 days of the delivery of the final Asset Report/Registry or Service Level Agreement.

4.2 Product Orders: Full payment for physical tags (standard or custom) must be made at the time of the order.

4.3 Credit Terms: If Kessat Pty Ltd has granted you a credit account, you agree to pay all invoices within the specified credit period (e.g., 7, 14 or 30 days).

5. Acceptance or Rejection of Service/Order

5.1 Kessat Pty Ltd may refuse a service or reject an order if:

(a) The site conditions are deemed unsafe for our staff;

(b) The technical specifications for the tags (e.g., specific chemical resistance) cannot be met by available stock;

(c) The order triggers fraud prevention protocols.

6. Cancellations, Rescheduling & Change of Mind Policy

By Kessat 6.1 We may cancel a service booking or order if site conditions are unsafe, or if we reasonably believe the request breaches these Terms. On cancellation, we will refund any prepaid amounts less costs already incurred.

By Customer – Asset Tags & Barcodes 6.2 Pre-Screening & Draft Approval: Prior to production, Kessat will conduct a pre-screening with the client to confirm asset counts and provide a “Draft Print Specification” showing the barcode/number sequences.

(a) It is the Customer’s responsibility to review and approve this draft prior to service commencement.

(b) Once the Customer provides written or verbal approval of the draft, We will commence pre-printing the physical tags and organise service expectation.

6.3 Custom Barcode Change of Mind Policy: Because barcodes and asset tags are printed with unique, sequential data specific to your organisation, they cannot be “restocked” or reused for other clients.

(a) If you request a change to the number sequence, tag design, or asset count after the Draft Print Specification has been approved and printing has commenced, a Change of Mind Fee of 95% of the total agreed service value will apply.

(b) This fee covers the cost of specialised materials, ink, and the labor required to re-generate and re-print the sequence.

(c) This fee will be deducted from any refund, or if the order was not yet paid in full, an invoice will be issued for the 75% value.

6.4 Standard (Non-Custom) Tags: For generic, non-sequential tags only, if you change your mind within 48 hours of an order (and before shipment/service), we will refund 100% less a $45 administration fee.

By Customer – Service Bookings 6.5 On-Site Service Cancellation:

(a) If cancelled more than 48 hours before the scheduled start: Refund of deposit less a $45 admin fee.

(b) If cancelled less than 48 hours before the scheduled start: The 35% deposit is forfeited to cover labor scheduling and logistical preparation.

7. Delivery & On-Site Performance

7.1 Site Access: It is the customer’s responsibility to ensure Kessat Pty Ltd staff have clear access to all assets. If assets are locked away or inaccessible at the time of the visit, Kessat Pty Ltd is not liable for incomplete registries.

7.2 Data Accuracy: Kessat Pty Ltd will use reasonable endeavors to ensure data accuracy. However, we are not liable for errors resulting from incorrect information provided by the client or illegible original serial numbers on old equipment.

7.3 Completion: A service is considered “Delivered” once the physical tags are applied and the digital CSV or Database file is transmitted to the customer as per the SLA.

8. Risk, Title, and Professional Liability

8.1 Transfer of Physical Risk in all physical asset tags (including but not limited to Anodised Aluminium, Stainless Steel, and Polyester tags) passes to the Customer immediately upon:

(a) Delivery to the C;ient site by Kessat Pty Ltd personnel or an authorized courier; or

(b) Collection by the Customer or their nominated agent. Once risk has passed, Kessat Pty Ltd is not liable for the loss, theft, or accidental damage of the physical tags.

8.2. Retention of Title and Bailee Status Title (full legal ownership) of both the physical tags and the final digital asset registry data remains with Kessat Pty Ltd and does not pass to the client until all outstanding invoices have been paid in full. Until title passes:

(a) Fiduciary Bailee: The Client holds the physical tags as a fiduciary bailee and agent for Kessat Pty Ltd. The Customer must physically and digitally store the tags separately, ensure they are identifiable as Kessat Pty Ltd  property, and maintain them in good condition.

(b) Irrevocable License to Enter: The Client grants Kessat Pty Ltd, its employees, and agents an irrevocable license to enter any premises where the tags are stored or where the tagged assets are located to inspect or repossess the tags if payment is overdue.

(c) Right to Deactivate/Recall Data: Kessat Pty Ltd reserves the right to digitally “lock,” revoke access to, or recall the digital asset registry data until full payment is cleared.

8.2.1 Security Interest (PPSA Compliance) To secure the payment of all moneys or performance of any obligation by the Customer under these Terms:

(a) Security Agreement: The Client acknowledges that these Terms constitute a “Security Agreement” for the purposes of the Personal Property Securities Act 2009 (Cth) (“PPSA”).

(b) Purchase Money Security Interest (PMSI): The Customer grants Kessat Pty Ltd a PMSI in all physical tags and digital data supplied. This interest extends to the proceeds of any sale or insurance claim relating to the tags/data.

(c) Protection in Bankruptcy: In the event of the Clients business failure, administration, or bankruptcy, Kessat Pty Ltd status as a secured creditor ensures that our claim to the value of the unpaid goods and services takes priority over unsecured creditors to the extent permitted by law.

(d) Registration: Kessat Pty Ltd may register its security interest on the Personal Property Securities Register (PPSR). The Customer waives their right to receive notice of such registration.

8.2.2 Financial Recovery & Default Costs If the Customer fails to pay any invoice by the due date or enters into a state of insolvency/bankruptcy:

(a) Immediate Debt: All outstanding moneys become immediately due and payable.

(b) Recovery Costs: The Client is liable for all costs incurred by Kessat Pty Ltd in recovering the debt or repossessing the property, including but not limited to legal fees on a solicitor-client basis and debt collection agency commissions.

(c) Interest on Overdue Accounts: Kessat Pty Ltd reserves the right to charge interest on any overdue amount at a rate of 15% per annum, calculated daily from the due date until the date of full payment.

8.3 Insurance and Liability Framework Kessat Pty Ltd maintains current Public Liability and Professional Indemnity Insurance to cover our operational activities. However, the Customer acknowledges that:

(a) Kessat Pty Ltd only carries risk within the specific parameters defined in these Terms and the individual Service Level Agreement (SLA) executed with the Client.

(b) Full details of our insurance coverage, limits, and specific risk-sharing frameworks are contained within the SLA. In the event of a conflict between these Terms and the SLA, the SLA shall take precedence regarding liability limits.

(c) Kessat Pty Ltd liability is strictly limited to the professional application of tags and the generation of the asset registry. We carry zero risk for the mechanical failure, safety compliance (NCC), or any “harm-to-person” incidents arising from the asset itself and interaction.

8.4 Indemnity The Client agrees to indemnify and hold Kessat Pty Ltd harmless against any third-party claims, losses, or damages (including legal costs) arising from:

• (a) Any unauthorised use or modification of the asset registry data by the Client;
• (b) Any injury or property damage caused by a faulty asset that was tagged by Kessat Pty Ltd (as the tag is for identification, not safety certification);
• (c) Providing Kessat Pty Ltd with incorrect or misleading asset data or locations.

8.5 Limitation of Liability for Data Loss While Kessat Pty Ltd maintains backups for 12 months (as per Section 10.5), we are not liable for any consequential loss, loss of profit, or business interruption caused by the accidental loss of data once the final registry has been delivered to the Client. It is the Client responsibility to maintain their own secure backups of the final digital file.

9. Kessat Service & Product Warranty

9.1 Service Guarantee Kessat Pty Ltd warrants that tagging services will be performed with professional care and skill. We will rectify any errors in tag placement or data entry reported within 14 days of delivery at no cost to the Customer.

9.2 Physical Product Warranty Each label or tag installed by Kessat carries a 6-month limited warranty from the date of installation. This warranty specifically covers manufacturing defects and adhesive failure when used under the intended environmental conditions for each material type:

• Photo Anodised Aluminium & Stainless Steel (316 Grade): Warranted against fading and corrosion in harsh environments.
• Flexible Aluminium Foil: Warranted against peeling on curved or uneven surfaces.
• Premium Polyester (PET): Warranted against standard industrial wear and tear.
• Tamper-Evident / Destructible: Warranted for initial bond; however, the warranty is voided if the tag is broken due to attempted removal (as per its design).

9.3 Minor vs. Major Faults (NSW Fair Trading & ACL) In accordance with NSW Fair Trading and the Australian Consumer Law (ACL), Kessat Pty Ltd distinguishes between Minor and Major failures:

• Minor Faults: A problem that can be fixed within a reasonable time (e.g., a single smudged barcode or one misaligned tag). Kessat Pty Ltd reserves the right to choose whether to repair or replace the specific faulty item.
• Major Faults: A failure so significant that the system is unfit for purpose (e.g., the adhesive fails across an entire batch or the barcode sequence is fundamentally incorrect). In the case of a Major Fault, the Client may choose between a replacement or a full refund for the affected portion of the order.

9.4 Warranty Exclusions This warranty is strictly for the Identification Tag and Data Entry only. It does not cover:

• Standard “wear and tear” or damage caused by customer misuse/vandalism.
• Damage from high-pressure cleaning or unauthorized chemical exposure.
• Asset Maintenance: Kessat Pty Ltd is not responsible for the maintenance, safety, or mechanical integrity of the asset itself. A tag is an identifier, not a safety certification.

9.5 How to Submit a Claim All warranty claims must be submitted formally for assessment. Failure to provide the required information may result in a rejected claim.

• Email To: info@kessat.com.au
• Subject Line: Must include your “Invoice Number | Company Name | Barcode Number “
• Required (3 Photos Minimum): To assess the claim, you must provide:
  1. A Close-up Photo: Clear detail of the specific fault on the tag.
  2. A Distance Photo: Showing the tag’s placement in relation to the asset.
  3. An Asset Photo: A clear shot of the entire asset for identification and context.

9.6 Claims Assessment Upon receipt of the email and the three required photos, we will review the claim against our installation logs and material specifications. We will notify you of the outcome (Minor vs. Major classification) and the proposed remedy within 7-10 business days.

10. Privacy, Data Security & Regulatory Compliance

10.1 Data Protection Commitment: Kessat Pty Ltd is committed to the security of your organizational data. All asset registries, GPS locations, and facility metadata collected during the tagging process are treated as “Confidential Information.” We will not disclose, sell, or distribute your asset data to any third party, except where required by a court order or a formal investigation by a relevant governing body.

10.2 Compliance with Investigations: Kessat Pty Ltd acknowledges its obligations under Australian Law. In the event of an audit or investigation by governing bodies (including those overseeing NCC standards), Kessat Pty Ltd will comply with all lawful requests for information. We will, to the extent permitted by law, notify the Customer of such requests to ensure transparency.

10.3 Data Breach Consultation: In the event that Kessat Pty Ltd identifies a potential data discrepancy or security breach during our auditing process, we will consult directly with the Customer’s nominated representative. We provide a proactive approach to data integrity, ensuring you are informed of any anomalies found within your asset registry before final reports are issued.

10.4 Scope of Service & Liability Limitation: * (a) Identification Only: Kessat’s services are strictly limited to the physical identification and digital cataloging (tagging) of assets for inventory and tracking purposes.

• (b) No Maintenance or Safety Certification: Kessat Pty Ltd does not perform maintenance, safety testing, or structural certifications. Our services do not satisfy the mandatory maintenance requirements set forth by the National Construction Code (NCC) for “Essential Safety Measures” or mechanical integrity.
• (c) Exclusion of Harm: Kessat Pty Ltd is not liable for any injury, loss, or damage caused by the mechanical failure, electrical fault, or lack of maintenance of any asset we have tagged that is considered negligence. The presence of a Kessat Pty asset tag does not imply that the asset is safe to use, functional, or compliant with building safety laws; it is merely an identifier for the Client internal database.

10.5 Data Retention: Kessat Pty Ltd will retain a secure backup of your asset registry for a period of 12 months following the completion of service. This retention is for the sole purpose of:

• (a) Facilitating the printing of replacement/duplicate tags;
• (b) Providing historical reporting for the Customer’s year-end audits;
• (c) Assisting the Customer with database restoration in the event of their own system failure. After 12 months, or upon written request following the settlement of all final invoices, Kessat will permanently delete or de-identify the data in accordance with the Privacy Act 1988 (Cth).

11. General

11.1 Liability: To the extent permitted by law, Kessat Pty Ltd liability is limited to re-performing the service or replacing the physical tags. We are not liable for any consequential loss (e.g., lost business profits) resulting from an asset being incorrectly tagged.

11.2 Severability: If any provision of these Terms is found to be void, that part is severed, and the remainder remains in effect.

11.3 Governing Law: These Terms are governed by the laws of the State or Territory in Australia where the service is performed.