Terms and Conditions
PC Australia Wholesale
Terms and Conditions
Effective November 1st, 2009
Updated 10 Feb. 2016
Revision history of these Terms and Conditions is available at the bottom of this page. Please check back regularly for any updates to these Terms and Conditions.
Our Terms and Conditions are broken down by headings. The headings should be treated as a guide only.
By contacting, requesting, ordering or permitting Us to supply any Product Offerings to You or on Your behalf, You irrevocably and unconditionally accept the Terms and Conditions of this agreement and Our offer without derogation or qualification.
As per the Competition and Consumer Act 2010, please note the following Mandatory Repair Notices required by law:
(a)Goods presented for repair may be replaced by refurbished Goods of the same type rather than being
repaired. Refurbished parts may be used to repair the Goods.
(b)Repair of Goods may result in loss of data.
In this document, unless the context requires otherwise:
Terms and Conditions, Terms, Conditions refers to; these Terms and Conditions, or dependant on the context; the Terms and Conditions of a service provider not linked this agreement / document / Our Terms and Conditions.
Includes, Including, refers to; a word without limitation.
PC Australia Wholesale, PC Australia, We, Our or Us refers to; PC Australia Wholesale [ABN26 679 429 265] and includes affiliates, partners, suppliers, contractors, service providers and associated wes/companies.
Customer, Customers, You or Your refers to; the person or legal entity, requesting any Product Offering from Us, or using a Product Offering provided by Us.
Good or Goods refers to; but not limited to, tangible items, and software.
Service or Services refers to; any services (Excluding Web-Services defined separately)
Product Offering, Product Offerings refers to; All Goods, All Services and All Web-Services that We provide, sell, supply, recommend and perform, to or for You, or on Your Behalf.
Debts Owing refers to; any money owed to Us by You before or after this agreement for any Product Offerings We provide to You, or have already provided to You, or You have committed to purchase whether a deposit has been paid or not.
Hourly Rate, Service Prices refers to; Our pricing schedule advertised on Our website under Prices.
Business Hours refers to; Monday to Friday 8am to 6pm, and Saturday to Sunday 9am to 5pm, excluding public holidays.
Web-Service, Web-Services, Website-Service or Website-Services, refers to; any goods or services provided to the You in relation to Website Design, Website Design Consultancy, the Web, Word Wide Web, Cloud Storage, Domain Names, Hosting, Email, SEO and SSL Certificates. For the purpose of this definition, “services” is used without limitation, with no exclusions.
1.1The agreement made between Us and these Terms and Conditions, commences on the date We accept the Customer‘s application or request for any Product Offering.
1.2Acceptance of a Customer‘s application or request for any Product Offering, is deemed to be the date We start work as requested or as instructed by the Customer, or process orders/requests for any Product Offering, or start provisioning/actioning or supply any Product Offering to fulfil Your request or application.
1.3All Product Offerings are provided on an "as is, as available, best efforts" basis.
1.4None of Product Offerings are considered to be mission critical, or guarantee a 100% uptime or to be error and fault free.
1.5We may vary the Terms and Conditions of this agreement, Our pricing for any Product Offering, or the terms of the operation of any Product Offering at any time by updating this document, Our website, by email or in writing. All changes will become effective upon publication of the changes, and You agree to check back regularly, at least every 30 days to check for any alterations.
1.6This agreement is governed by and must be construed by the laws of the State of New South Wales, Australia.
1.7The Customer is required to provide Us with correct and up to date contact details for billing, technical, and Service/Web-Service delivery purposes, Including notifications and reminders.
1.8We take no responsibility for disruption to Services or Web-Services due to the inability to contact the Customer, for any reason.
1.9If We issue You with a store credit, store credits cannot be cashed out, or exchanged for money, and must be used on one of Our Product Offerings within 6 months of issue.
1.10You agree and warrant to Us that You are the owner of, or have been authorised by the owner, to be in possession of and make decisions regarding any Goods, Services, Web-Services, access, security clearance, data, media or equipment provided to Us, Including any Goods, Services, Web-Services, access, security clearance, data, media or equipment that has been provided to the owner/You by a third party.
You agree that in order to complete a Product Offering request, We may need to make changes to Your existing Product Offerings, Including Goods, Services and Web-Services provided/supplied to You by a third party. You acknowledge that You own, or have authorisation from the owner to be in possession and make decisions regarding the Goods or Services provided by the third party. Furthermore You authorise Us to make any changes necessary to complete the Product Offering request under the conditions of this clause.
You also indemnify Us against any disruption, expenses, costs, damages or liability arising from any claims, demands or law suits resulting from breach of this cluse.
1.11You warrant that You have a valid and current license to any software that is provided to Us by You, and that You have the right and/or permission to use the software. Further, We are not responsible to You or any third party for any breach of any software licence, and You indemnify Us against any loss, damages, costs, harm or other expenses arising directly or indirectly as a result of installing any software.
1.12Any period or date stated by Us for the delivery of any Product Offering is proposed as an estimate and not a contractual commitment. We attempt to use reasonable endeavours to meet any periods or dates of delivery.
1.13All Product Offerings are chargeable.
1.14We give no warranty, express or implied, for the Services or Web-Services We provide.
1.15We will not be held liable for reimbursement of financial losses due to any disruption of Services or Web-Services provided by Us, Including disruption to any third party Services or Web-Services as a result of Us supplying any Product Offering, or disruption to third party persons/entities.
1.16You must use, and ensure all users use all Product Offerings in accordance with the recommendations and guideless specified by the manufacturer or provider, and You must do so at Your own expense and risk.
1.17You must perform, or pay to have performed, general maintenance, testing, updates or upgrades as recommended by the manufacturer or provider, to ensure reliability, safety, and performance of the Product Offering, at Your own expense and risk.
1.18The Terms of the agreement between Us and the Customer for the supply of Our Product Offerings is not limited to the Terms of this document; some Goods, Services and Web-Services We advertise or supply are provided/manufactured/supplied by external companies or services providers. These external companies and service providers, have their own terms and conditions which You are bound to, in addition to the Terms and Conditions outlined in this document. We accept no liability for any third party terms and conditions.
Our primary Web-Services Provider Terms are set out here (Link Correct as at 08/02/2016) https://retailclient.partnerconsole.net/execute/includeHTML?file=terms-and-conditions.html
If You find these links are invalid, please advise Us before proceeding, or requesting any Product Offering from Us.
The providers terms and conditions may set out conditions, not limited too; minimum charges, additional charges, penalties, excess fees, supply fees, consultation fees, or other fees or charges chargeable to You, and these monies may be payable directly to Us as the referring reseller, or We may receive a commission for Your payments to the provider.
2.1You are solely responsible for actively seeking and applying any patches or updates to Your Web-Services, and is liable for any modifications needed to the Web-Services required by Us as result of the patches/updates.
2.2You are solely responsible for maintaining a full backup of Your Web-Services, Including at minimum any data, settings and configurations. This backup should be stored in a safe off-site location for restoration purposes at all times. We recommend keeping regular historical versions backups in the event of delayed discovery of data loss or corrupted Including databases, equipment failure, and security breach or data loss/corruption.
2.3We do not guarantee any continuity of Our Web-Services. We endeavour to keep Your Web-Services and Web-Services data safe and secure, however We cannot guarantee safety or security, and You indemnify Us against all safety, security and data loss related claims.
2.4In the event of equipment failure or data corruption, We will attempt restore Your Web-Services as soon as possible, without making any guarantees of restoration time, restoration success, data accuracy or consistency of files, settings, configuration or databases.
2.5We will not be liable for incomplete, out-of-date, corrupt or otherwise deficient Web-Services, Including data / settings / configuration and databases.
2.6The Customer is responsible for and must provide equipment and software necessary to access the Web-Services. We make no representations, warranties, or assurances that the client's equipment will be compatible with Our Web-Services.
2.7You are responsible for all the input and output to/from the Web-Services provisioned for You.
2.8You must regularly scan Your Web-Services for virus’s, malware, spyware, malicious code and security concerns. If We detect any virus, malware, spyware, malicious code, or security concerns with Your Web-Service, We may quarantine Your Web-Service Including all data, or suspend Your account, or in severe cases, based on Our opinion, We may delete Your Web-Services data from Our Infrastructure, without notice.
2.9We must perform scheduled and unscheduled maintenance to Web-Services infrastructure from time to time, We will attempt to scheduled maintenance at times which will affect the fewest Customers.
2.9.1Maintenance may Include hardware, software or operating system changes, replacements, updates and upgrades.
2.9.2You are responsible for upgrading and patching any Web-Services You have with Us to ensure Your Web-Services are compatible with any maintenance work We perform.
2.10We will determine in its absolute discretion from time to time the data centre location and service providers from which Your Web-Service is provided. We reserve the right to migrate Your Web-Service to a new service provider, or operating system platform, if Our operating system supplier ceases to provide support, or if the server from which the Web-Service is provided fails or, in Our opinion becomes unreliable, or insecure, or We have any concerns regarding the continuity of the data centre service provider.
2.11We will use reasonable endeavours to notify You via the contact details in Our database but do not take any responsibility for Web-Service failure if You have failed to keep Your contact details up-to-date or if You have not checked the operation of Your Web-Service post-migration and notified Us of any required changes to the Web-Service configuration
2.12We endeavour to provide the best Web-Services and Web-Service Solutions possible by Our developers, from the criteria provided by Our Customers to Us:
2.12.1Design works will be completed and in some cases a single revision round may be offered if it is agreed to in writing prior to the original design work starting.
2.12.2If the Customer is not happy with the proposed site design, functionality or features, You can request a new design, functionality or feature at a cost which will be amended to the invoice and payable immediately, unless otherwise agreed as part of the original project scope.
2.12.3If the Customer is not happy with the subsequent design, functionality or features, the Customer may choose to terminate the project, at which time any invoices issued must be paid in full Including any other Debts Owing, and amounts not yet invoiced for any work We have performed.
Any work or consultation We have performed must be paid for in full to Us or Our providers where applicable. Any amounts owing for the supply of Our Web-Services on a terminated project will be payable in the amount of the full project fee, or charged at Our Hourly Rate, or as per the milestone payment agreement if provided in the project scope, plus any changes, revisions or modifications that were billable.
2.12.4Any changes, modifications, additions or subtractions, to the agreed scope are billable at Our standard Hourly Rate, or as agreed by a fixed quote for the new works requested, and must be paid for in advanced.
2.13If You request Us to move Your Web-Service from another company over to Our infrastructure, or if We must move Your Web-Service to another provider due to circumstances outside PC Australia Wholesales control:
2.13.1You agree and understand that this will be done as a, best efforts, as is migration, with no guarantees of any kind, and You waive all liability for anything that goes wrong.
2.13.2You understand and fully indemnify and limit Our liability against, but not limited to, all costs, incomplete data and Web-Service down time relating to but not limited to failures in the data copy/migrating process, incompatibility of server hardware/software/settings, transfer processing time and DNS delegation time.
2.13.3You understand it is Your responsibility to have a complete historical off-site backup of all Your hosting data, settings and service data, and to migrate any changes made to Your previous live site data during the transfer process and DNS delegation process.
2.13.4You understand that some Websites or databases which are designed or purchased have copyright and usage agreements attached, permitting only one copy of the data to be stored on an internet accessible Web server at a time, therefore once We have successfully migrated Your Web-Service to Our Infrastructure and DNS records have been changed, We will remove the old files and data from the old host.
2.13.5We will only copy data from Your Public_HTML or PublicHTML, or HTTPDOCS folder (unless otherwise agreed) and database(s), however We offer no guarantee or warranty to accuracy of data or settings.
2.13.6Cpanel settings, email accounts (and their contents), are the responsibility of the Customer to backup, and migrate/restore on the new Web-Services infrastructure provided by Us.
2.14You are bound by Our Web-Services Acceptable Use Policy, along with any additional Acceptable Use Policies or Terms and Conditions set out by Our Product Offering Service Providers – these are available upon signup should they differ from Our Acceptable Use Policy published on Our Site.
2.15Should Our Acceptable Use Policy or Terms in this agreement conflict with the Product Offering Service Provider, We will continue to fully limit all Our liability to You in relation to any Product Offerings and any type of loss or damage You sustain, and the terms offering the most protection and limitation of warranties and liabilitys to Us will prevail.
2.16If You have any concerns regarding any contradictions between Our Terms or Acceptable Use Policy, and the Terms or Acceptable Use Policy of the Web-Services provider, please contact Us prior to requesting or ordering any Product Offerings.
3.1From time to time, some repairs are unable to be fixed or diagnosed on-site and will require the technician to take Your device(s) back to Our workshop for repairs, and sometimes to a third party for diagnostics or repairs.
3.1.1If Your device(s) are taken to a third party, You permit Us to share Your private information, Including but not limited to Your name, address, contact details, device password(s), and any other information that might be required or may assist with diagnosing or fixing the problem.
You also acknowledge and permit the third party to access Your device and data, and share Your details with other third parties required to assist with the diagnosis or repair.
3.2You acknowledge that prior to requesting any of Our Product Offerings, or Us performing any works for You, You have taken a full external backup of all Your devices, Services and Web-Services, Including any devices, Services, or Web-Services that may connect to them at any time for any reason.
In the event that We take a backup for You, either on Our own directive or on Your request, You acknowledge that it is a best efforts backup, and You fully indemnify Us and agree not to hold Us liable for any incomplete, missing or corrupt data, or the complete loss of data for any reason.
3.3For any Services or Web-Services where We are required to go out on-site to Your premises, or alternate premises instructed by You, You must ensure:
3.3.1If You are not available at the time of the appointment, You must delegate someone to be present who
is 18 years of age or older, with permissions to act on Your behalf that We can contact, and You permit this person to make decisions in the same capacity as You and be bound by these Terms and Conditions. This persons full name must be provided on the booking, or in writing to Us prior to the technician performing works.
3.3.2The premises has working reliable electrical power, internet and phone service (land line or mobile)
3.3.3The working environment and working space are safe, free of hazards, and have adequate light and air flow.
3.3.4You have all credentials to access necessary devices and services, in order for Us to perform Our Services
3.3.5That We have full access to areas necessary to provide Our Product Offerings.
3.4For any Services or Web-Services where We are required to work remotely, then You must ensure:
3.4.1If You are not available at the time of the works being performed, You must delegate someone who is 18 years of age or older, with permissions to act on Your behalf that We can contact, and You permit this person to make decisions in the same capacity as You and be bound by these Terms and Conditions.
3.4.2You or Your delegated person identified in the sub-clause above must be available to setup Our remote support software on Your devices prior to work being performed.
3.4.3The premises, where the devices that We are working on, have working and reliable electrical power, internet and phone service (land line or mobile)
3.4.4You have all credentials to access necessary devices and services, in order for Us to perform Our Services
3.5If the Service involves or requires the installation or re-installation of any software or operating systems, You must provide the installation or recovery media to Us along with a valid product key.
3.6Under certain circumstances it may be deemed that external Providers or Contractors be required to perform certain Services and provide their own Goods (For example electricians), these Goods and Services are billed at the rate specified by the third party provider or contractor and billed on top of Our invoice price / Service Prices..
3.7No Fix, No Fee Guarantee- You will not be charged for the Services provided when We are unable to provide a solution to Your problem, this excludes call out fees where applicable, and applicable surcharges for out of Business Hours and public holiday work unless otherwise agreed in writing.
If We provide You with a solution, advice or information on how to fix the problem or advise You what is required in order for Us to fix the problem, You agree that We have met Our commitment in providing a solution to Your problem. Examples Include: the Hard Drive of Your PC is faulty and You decide not to purchase a new hard drive, or where a technician is unable to rectify an issue due to the Customer no longer holding the original software from the Vendor, such as recovery CD's or Operating System Disks, and the Customer electing not to purchase replacements.
A Solution may also Include being referred to another professional or experts in the field of Your particular problem for special cases We are not able to fix Your issue for a range of reasons, Including but not limited too; complex data recovery, forensics, electrical/circuitry work and custom software applications (Including customisations).
4.1Payment for Goods are required prior to Us placing an order with Our warehouse, and prior to the delivery of the Goods to You. In Most cases, We do not guarantee stock for any order or quote, until Our Order is placed with Our supplier and stock is allocated to Our order.
4.2You acknowledge that We are not a manufacturer of any Goods, and therefore have no control over the quality, reliability or safety of the Goods, and We supply Goods strictly “As Is”.
4.3We will make every effort to ensure that all Goods advertised, supplied or recommended contain accurate information, Including:
4.3.6Availability / Stock levels
4.4However, We do not make any guarantees to the accuracy, inaccuracy, typographical errors, errors or differences of the aforementioned Goods information inclusions, and when We supply or recommend You with a Good, You agree to indemnify Us and not hold Us liable for any claims as a result of the same. All Goods information inclusions should be used as a point of reference.
4.5If You purchase Goods from Us, You agree that You are satisfied that the Goods are suitable for the intended purpose and as required by You.
4.6If You purchase Goods from Us or a third party based on a recommendation from Us, You agree that You have conducted Your own independent research, and agree that the Goods are suitable for its intended purpose, and as required by You.
4.7In some circumstances, at Our full discretion, We may allow Customers to return or exchange Goods purchased if:
4.7.1You notify Us within 3 days of receiving the Goods;
4.7.2Goods are not opened, not used and are still in pristine, resalable condition;
4.7.3You accept a minimum restocking fee of 20% of the purchase price; (restocking fees vary from product to product and will need to be confirmed on a case by case basis)
4.7.4You return the item, We will offer You a credit minus any restocking fees, surcharges, order delivery costs, and any delivery costs for the Goods to be sent back to Our Suppliers where applicable.
4.7.5We may reject the return upon inspecting the condition of the Goods or for any reason, and will return the Goods to the Customer at the Customer’s expense.
4.8Unless agreed otherwise:
4.8.1We will arrange for shipment of Goods to the Customer for a charge.
4.8.2Delivery and Transport of Goods is Free On Board (F.O.B.) delivery point, meaning title to the Goods and risk of loss or damage passes to You upon delivery or pickup of the Goods to the transport/delivery carrier.
4.8.3The risk and insurance of all Goods, Including theft and damage passes to You immediately when the Good is delivered to Your premises or delivery address nominated by You.
4.9All software is provided subject to the license agreement of the software maker. You agree to be bound by any software license agreement once any of the following occurs:
4.9.1the seal on the package is broken
4.9.2You use the installation media
4.9.3You are able to view or record the product key.
4.9.4You use the product key
4.9.5Any other events or conditions outlined by the software maker.
4.10We are not responsible for delays in delivery, and associated loss or damages for any reason, for events beyond Our reasonable control, Including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
5.Payment, Prices, Charges
5.1You must pay for all Product Offerings as notified to You by Us in accordance with Our published prices, Hourly Prices, quotes, or otherwise agreed prices in writing.
5.2All Service and Web-Service Prices advertised or quoted are for works performed during Business Hours. Works performed outside Business Hours may attract additional surcharges.
5.3Services and Web-Services are billed in half hour (30 minute) blocks after the first hour. Example: For a 1 hour and 15 minute appointment, You will be charged for 1 hour and 30 minutes.
Minimum charge is 1 hour, plus any applicable surcharges.
5.4Any Goods supplied by Us in order to complete a Service or Web-Service are charged separately from the Service or Web-Services Prices advertised or quoted.
5.5We accept Cash, Direct Debit / Internet Banking Transfers and Credit Cards (Credit Cards attract 3% surcharge)
5.6Customers paying via credit card acknowledge that You are either the Card Account Holder or are authorised by the Card Account Holder to make payments. You irrevocably authorise Us to transmit and charge the credit card details provided for any Debts Owing, plus the applicable credit card surcharges, and act on Your behalf in relation to the payment of any outstanding Debts Owing.
5.7Customers paying via Cheque attract a $15 administration charge per cheque or invoice, whichever is more.
5.8Some Services and Web-Services, are billable monthly or yearly depending on the arrangement You enter with Us. All monthly or yearly accounts, must be paid in advanced 1 period ahead of time, or as agreed otherwise.
5.9Customers will be sent email reminders when their Services or Web-Services are due to expire, and nearing expiry. Where payment of the invoice is not received by the day of expiry, Customers accounts may be deactivated and files deleted. Some expired Services or Web-Services may attract a reinstating fee, Including; domain names, and hosting services.
5.10Prices published on Our Website are inclusive of any government taxes or charges if/where applicable unless otherwise noted, and exclude any domain registration charges unless otherwise noted.
5.11All Our Product Offering Prices are advertised, quoted and sent out at a discounted rate based on Your full payment of the invoice by its due date. Late payments may be subject to revised Invoice Product Offering Prices, usually 30% more than the invoiced price.
5.12Until the Customer account and all Debts Owing are paid in full, We retain all rights, the title and all other rights to the Goods and Services that have been supplied to the Customer at any time by Us.
5.13If You breach the Terms of this agreement or fail to pay Debts Owing in full by the due date:
5.13.1We may without notice:
22.214.171.124enter any premises where We suspect the Goods may be and remove them, notwithstanding that they may have been attached to other Goods not the property of Us, and for this purpose You irrevocably license Us to enter such premises and shall also indemnify Us and hold Us harmless from and against all breaches, damages, losses, claims, demands or actions by any party arising from such action.
126.96.36.199access any device or Service We suspect is connected to the Customer or related to the Services performed, or will allow Us to gain access to devices on which Service(s) were performed in order to revoke, disable, roll back, or remove any Services We have performed, and for this purpose You irrevocably license Us to access any device and shall also indemnify Us and hold Us harmless from and against all breaches, damages, losses, claims, demands or actions by any party arising from such action.
188.8.131.52Amend the invoice(s) and remove any discounts applied to Your invoice(s), and adjust reduced rates for Our Goods and/or Services to the advertised rates on Our Site or RRP for Goods
5.13.2You will become liable for the cost of collection/recovery of Debts Owing to Us, Including any legal and debt collection fees We incur, in addition to any overdue amounts will be charged at a compounded daily rate of 8% per annum, from the due date of the payment.
5.14Payment for Services and Web-Services are due at the time the Service or Web-Services is performed/provisioned unless otherwise stated at the time of booking, application, request, checkout or unless otherwise agreed in writing.
5.15In the event that any costs are incurred by Us in relation to the provision of any Product Offerings, We may adjust Our prices Including fixed quotes or invoices to account for these changes, without giving notice to You. This Includes but not limited to parking fees, electricians, painters, builders, roofing contractors, Service connection fees, and any other building or service related contractor charges.
5.16We reserve the right to amend any incorrectly quoted or advertised prices, and the inclusions of the prices.
6.Warranties, Indemnities, and Liabilities
6.1You warrant that:
6.1.1If You (the person agreeing to these Terms and Conditions and/or requesting any Product offering) are not the Customer, You have the power and authority to enter into this agreement on behalf of the Customer and will indemnify Us for any breach of this agreement by the Customer.
6.1.2You are at least 18 years of age.
6.1.3You will keep secure any passwords used with the Product Offerings We Provided, or connected with the Product Offerings We Provide.
6.1.4You hold and will continue to hold the copyright in the Customer Data or that You are licensed and will continue to be licensed to use the Customer data; and,
6.1.5You will conduct such tests and virus scanning as may be necessary to ensure data uploaded by You onto or downloaded by You from the Services and Web-Services does not contain any computer virus/malware/spyware and will not in any way, corrupt the data or systems of any person.
6.1.6You are bound, and continue to be bound, by Our Terms and Conditions, and Our Acceptable Use Policy, for any Product Offerings We have provided, and any future Product Offerings You request or We provide to You, whether directly or indirectly linked to previous Product Offering provided.
6.2You indemnify Us against all costs, expenses, loss or liability that We may suffer(directly or indirectly) resulting from:
6.2.1Your breach of these Terms and/or of Our Acceptable Use Policy
6.2.2Late Payment or Non-payment
6.2.3Your use or misuse of the Product Offerings We supply.
6.2.4The use or misuse of the Product Offerings by any person using Your account; and,
6.2.5Publication of defamatory, offensive or otherwise unlawful material on any medium forming part of the Product Offerings We have provided to You.
6.3You agree not to hold Us liable and indemnify Us fully against any and all immediate or consequential claims, directly or indirectly arising out of, in connection with or as a result of, these Terms and Conditions, or the supply/provision of any Product Offerings provided by Us, or the following without limitation for any:
6.3.1loss of data, settings, configuration, databases, time
6.3.2costs associated with data recovery in the event of data loss
6.3.3loss or corruption of any software or data stored on Your device(s), and any device(s) which may connect to it, at any time for any reason.
6.3.4loss, damage, alteration and loss of functionality to any Product Offering or data, at any time for any reason.
6.3.5Loss or theft of Your device(s) or Goods, Including when in our possession, or in transit.
6.3.6actions We perform which were authorised through expressed or implied permission, by You, Your Employee, Your site contact, or anyone acting on Your behalf.
6.3.7accident, missuse, alteration, modification, changes of any Product Offering by anyone other than Us, unless the person is licensed to perform these actions by the manufacturer, or Us in writing.
6.3.8Any type of damage during any relocation, movement, installation, re-installation, modification, update or transportation of any Product Offering
6.3.9Power surge or power failures
6.3.10Acts of god, or acts outside Our reasonable control, Including acts of third parties and Our contractors, providers, affiliates, suppliers or associated businesses.
6.3.11normal usage, wear and tear, or conditions that arise out of normal operating circumstances
6.3.12failure to meet delivery dates
6.3.13Cancelled, suspended, poor performing Product Offerings for any reason
6.3.14Loss of profit, income, revenue or finances
6.3.15Loss of reputation or damage to good will
6.3.16Personal or business interruption costs or expenses
6.3.17Remediation or repair costs
6.3.18Failure to realise expected sales, profit, revenue, benefit or deadline
6.3.19Liability to third parties
6.3.20Punitive damages, fines or penalties
6.3.21Other loss, damages, costs or expenses of any nature.
6.4Except to the extent of the law, and extend already excluded or limited under these Terms and Conditions, Our maximum liability to You under these Term and Conditions, or the Product Offerings, shall be limited to: $100 or the cost of the Product Offering We have supplied, provided, performed or sold, whichever is the lesser of the two.
6.5You acknowledge that any Goods, Services or Web-Services presented to Us for repair or maintenance, may have pre-existing physical damage or logical damage, or other problems. We accept no responsibility for any damage, further damages, or further problems that may result from existing conditions. We will attempt to perform an initial assessment for damage, and notify You of any other problems We become aware of, but You understand that some damage or problems may be hidden, or only be noticeable under specific conditions.
You also acknowledge that any problems that occur after We perform any work, or supply any Goods to You, may be unrelated to the provision of the Goods, Services, Web-Services or works We performed for You, and is therefore outside the scope of any guarantees, warranties, and satisfaction guarantees.
6.6You acknowledge that Due to the nature of technology, problems can be unpredictable, and can sometimes be more complicated than initially diagnosed. You understand that You acknowledge, that in the course of Us performing any Service, supplying any Goods, or fixing a problem, another problem may come to light or may result from the works We have performed, and You indemnify Us against any claims should this occur.
6.7We do not warrant that:
6.7.1the Product Offerings under this agreement will be uninterrupted or error free;
6.7.2The operation of any Product Offering We supply, install, provision or perform will be uninterrupted or error free, nor will We accept liability or provide compensation for any bugs, failures to meet vendor advertised features, or incompatibility of third party software or hardware.
6.7.3the Product Offerings will meet Your requirements, other than as expressly stated in this agreement; or
6.7.4the Product Offerings will be free from external intruders(hackers), virus or worm attack, denial of service attack, or other persons having unauthorized access to the Product Offerings We provide.
6.8All Goods sold by Us carry standard manufacturer’s warranty unless otherwise stated by Us. Consumable products generally carry limited or no warranty. Refurbished items generally carry a shorter and limited coverage warranty than what is specified by the manufacturer.
6.9Original Proof Of Purchase (Invoice) is compulsory for all warranty claims, or other claims.
6.10If You request Us to diagnose a fault in order to return a product and/or component under warranty, labour is charged at Our standard prices/hr.
6.11For any warranty returns found not faulty by Us, the manufacture or third party repairer, a service charge will apply plus delivery costs. Usually a minimum of $80 + labour or 10% of the item RRP (which ever is more) + Delivery. Payment must be cleared prior to the Goods being returned.
6.12The full cost, risk and insurance of Your Goods in transport, even when in Our possession, is Your responsibility. You are required to take out insurance, request for insurance and pay the additional charges associated with any insurances required, in order to cover Your Goods against loss, damage, data loss, and any other claims arising out of transportation of Your Goods, Including when in Our possession.
6.13We agree to abide by any conditions and obligations (if any) that are implied or imposed under applicable State or Commonwealth laws concerning the supply of the goods and services, and nothing in these Conditions seeks to restrict, modify, limit or exclude such terms, conditions or obligations. Our express warranty and guarantee are in addition to and do not affect Your statutory rights and remedies (if any).
6.14Except as expressly provided to the contrary in this agreement, We exclude all liability for indirect and consequential loss or damage of any kind, loss, data loss, corruption of data, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort(Including negligence), under any statute or otherwise arising from or relating in any way to this agreement and/or its subject matter.
7.1You may terminate the Services or Web-Services provided by Us by giving 30 days written notice, under no circumstances are setup fees, domain registration fees, unused portions of any Services, Web-Services, Website Design and consultancy fees, or other Debts Owing to Us for any Product Offerings refundable, nor does it limit or reduce Your obligations to pay out fully the remaining contract, agreement, subscription or Product Offering pricing due or owing.
7.2We may end Our agreement with You and cease providing Services or Web-Services for any reason, on 14 days written notice to You, or immediately without notice if the Customer breaches the Terms of this agreement or breaches the agreement between You and one of Our Service Providers, or for any other events or circumstances that are reasonably out of Our control, or the service providers control.
7.3We reserve the right, in its sole discretion, to deactivate the Customer‘s Services or Web-Services without notice, for reasons Including but not limited to breaching Terms of this agreement, any unpaid Debts Owing to Us or credit problems Including, but not limited to, delinquent payments.
7.4If Your account is closed for any reason You must pay all outstanding charges and Debts Owing to Us or Our Service Providers immediately and We may delete all Customer Data immediately upon closure or termination.
8.Representation and reliance
8.1You agree that We or any person acting on behalf of Us, Our Contractors or Providers have not made any representation to enter into this agreement, except for the representations set out in this agreement.
8.2You confirm that You have not entered into this agreement based on any representation or reliance by Us or behalf of Us, except for representations set out in this agreement.
8.3You confirm that Your decision to enter into this agreement is not based on any promise, statement, warranty or representation made or given by Us or any other person, and that You have relied on Your own skill and judgement in deciding to purchase and obtain any Product Offerings from Us.
8.4Neither party will be liable for failing to perform its obligations under this agreement as long as the failure is triggered by something beyond its reasonable control. This clause does not excuse payment of monies due.
You agree that the above Terms and Conditions constitute the full and complete understanding
between Us and the Customer of the obligations and responsibilities of both parties to
the other, and form the full agreement between Us and the Customer.
If You have any questions regarding any clauses of this contract, You can contact Us via email for clarification.
10/Feb/2016 – combined all Terms and Conditions for Goods, Services and Web-Services into one document.