TERMS AND CONDITIONS
PLEASE READ CAREFULLY
Definitions
"WIT" shall mean Warringah IT and any person acting on behalf and with the authority of Warringah IT.
"Customer" shall mean any person or business requesting any goods or services from Warringah IT.
"Prices" shall mean the cost to the customer of any goods and services provided by Warringah IT as described on the invoices, quotations or any other forms as provided by Warringah IT to the customer.
"Goods" shall mean all items or equipment supplied by Warringah IT as described on the invoices, quotations or any other forms as provided by Warringah IT to the customer.
"Services" shall mean all work performed by Warringah IT and includes any advice or recommendations as described on the invoices, quotations or any other forms as provided by Warringah IT to the customer.
"Backup" shall mean any method (software and/or hardware) used to copy or duplicate Customers data.
Prices, Terms & Payments.
* Prices for labour (Services) performed by WIT can be viewed here - www.warringahit.com.au/rates
* Prices are subject to change and review
* Prices for quotations are subject to change in the event of a variation of the quote and/or the availability of items
* Payments are required by the due date of the invoice
* Payment methods can be viewed here - www.warringahit.com.au/payment
* WIT reserves the right to suspend or terminate the supply of Goods and Services at any time to a Customer who has overdue invoices.
* Interest on overdue invoices shall accrue daily from the date when the payment becomes due, until the date of the payment, at a rate of two and one half percent (2.5%) per calendar month and such interest shall compound monthly.
* If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20) or ten percent (10%) of the amount overdue (up to a maximum of two hundred dollars ($200)) shall be levied for administration fees which sum shall become immediately due and payable.
Title
* WIT and the Customer agree that ownership of the Goods shall not pass until the Customer has paid WIT all amounts owing for the particular Goods.
* WIT can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Customer.
Deliver of Goods and Services
* WIT shall not be liable for any loss or damage whatsoever due to the failure by WIT to deliver the Goods or Services promptly or at all.
Warranty
* For Goods not manufactured by WIT, the warranty shall be the current warranty provided by the manufacturer of the Goods. WIT shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
* The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
(i) failure on the part of the Customer to properly maintain the Goods
(ii) failure on the part of the Customer to follow any instruction or guidelines provided by WIT
(iii) any use of the Goods otherwise than for any appplication specified on a quote order form
(iv) the continued use of any Goods after any defect becomes repairing the Goods apparent or would have become apparent to a reasonably prudent operator or user
(v) fair wear and tear, any accident or act of God
* The warranty shall cease and WIT shall therafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without WIT's consent
Data & Backup
* The Customer is solely responsible for the following:
(i) the selection of the data they wish backed up
(ii) the scheduling of the backup
(iii) ensuring the successful backup has occured
(iv) periodically ensuring that data can be restored from backup
* WIT does not warrant that any Backup is secure against any loss or curruption
* WIT makes no warranty in relation to the Backups and will not be liable for any damages or loss (including indirect or consequential loss) of any kind.
* WIT makes no warranty (whether express or implied) in relation to merchantability or fitness for a particular purpose in relation to the Backup.
* The Customer shall not copy, alter, modify or reproduce any backup software in whole or part or permit another to do so without WIT's prior written consent.
* All software provided by WIT is on an "AS IS" basis with no warranties of any kind and WIT will not be liable for any damages of any kind arising from its use. WIT further disclaims all warranties, expressed and implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose.
* All Backup documentation provided by WIT is on an "AS IS" basis with no warranties of any kind and WIT will not be liable for any damages of any kind arising from its use. WIT further disclaims all warranties, expressed and implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose.
* Backup and recovery setup and assistance is offered by WIT on a 'good faith' basis, and under no circumstances does WIT guarantee recovery of any data or further loss.
* The Customer indemnifies WIT against all and any demands, claims, actions and proceedings whatsoever and howsoever arising in connection with and arising out of any Backup
* WIT shall not be liable for any nonperformance, delay, errors, data loss or other loss caused by any event reasonably beyond WIT’s control including, but not limited to, acts of God, war, hostilities, revolution, civil disorder, national emergency, strikes, lockouts, unavailability of supplies, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any law, proclamation, regulation, ordinance or other act or order of any court, government or governmental agency.
* The customer acknowledges that WIT may change these terms and conditions from time to time and will provide updated terms and conditions on our website at www.warringahit.com.au/terms
|
