In these terms and conditions the following words shall have the following meanings unless inconsistent with the context;
"ICT Network Solutions" means ICT Network Solutions ABN 92 915 542 493 and includes technicians, employees, agents and contractors;
"Conditions" means these conditions or provision of goods or services;
"Contract" means any contract pursuant to which products and/or services are supplied or to be supplied by ICT Network Solutions to the customer and computer software incorporated therein is licensed or to be licensed by ICT Network Solutions for use by customer;
"Customer" means the person or company to whom Products and/or Services are supplied and includes that company's successors and permitted assigns;
"Products and/or Services" means the products and/or services supplied by ICT Network Solutions to the Customer pursuant to a Contract and specified on the invoice dispatched by ICT Network Solutions;
"we/us/our" means ICT Network Solutions;
"you/your" you being the person(s) whose orders for the products and services is accepted by us;
"Party" and "Parties" means severally and not jointly ICT Network Solutions and/or the customer as the context requires;
TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF ICT NETWORK SOLUTIONS SERVICE AND YOUR RELATIONSHIP WITH ICT NETWORK SOLUTIONS. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OURS.
1.1 PLEASE NOTE
Purchase of goods and services from ICT Network Solutions are subject to the following terms and service conditions. By purchasing or receiving goods or services from ICT Network Solutions, you agree that you have read and understood the Terms indicating your agreement to be bound by all of the terms and conditions set forth in this document.
1.2 ICT Network Solutions may change these terms and service at any time, with or without notice. Accordingly, you should refer to www.ictnetwork.com.au website for changes of the terms and service conditions.
2. Contract Information
2.1 ICT Network Solutions services involve visiting customer location requested by the customer (Premises). When ICT Network Solutions technician visit customer premises, the customer must acknowledge have read and understood these Terms before ICT Network Solutions will provide services.
2.2 ICT Network Solutions in some cases may provide phone/remote services. ICT Network Solutions will not be able to provide Phone/remote services unless we are given remote access to customer computer. Customer may agree that ICT Network Solution to do so. By allowing to do so, customer is agreeing to have downloaded software on the customer computer. The customer must acknowledge have read and understood these Terms/Conditions distributed either by email or available on ICT Network Solutions website before ICT Network Solutions will provide services. When ICT Network Solutions access customer computer remotely, ICT Network Solutions will respect customer confidentiality and the privacy of customer information. For more details see the "Information Privacy" section below or at http://www.ictnetwork.com.au.
2.3 Unless otherwise stated by ICT Network Solutions in writing, these terms and conditions apply entirely to every contract for the sale of goods or services by ICT Network Solutions to the Customer.
2.4 Any written quotation provided by ICT Network Solutions to the Customer for proposed supply of goods or services is valid for 15 days and is an invitation only to the Customer to place an order based upon that quotation.
3. Charges and Payment
3.1 Customer confirm that any quotes or estimates provided by our telephone operators or technicians prior to the provision of Products or Services are non-binding estimates only and that the final price payable by you may vary from such quotes or estimates. ICT Network Solutions may not charge for work done or parts supplied in excess of the estimate without prior consent of the customer.
3.2 Payment for goods and services must be made by bank cheque, credit card or cash prior or upon the delivery of the services to ICT Network Solutions.
3.3 Unless the Customer is approved authorised account holders that hold scheduled site visits with ICT Network Solutions, payment must be made in full prior to dispatch of goods either in cash or by bank cheque, or on approval, by company cheque, direct deposit or accepted credit card. Authorised account holders are defined by displaying Support Unit Agreement on customer receipt. Any payment overdue the goods/services title will not pass from ICT Network Solutions to the customer until such time as full payment is received. ICT Network Solutions may on it discretion; withdraw credit facilities in the event of any breach of this term by the customer.
3.4 All visits provided through ICT Network Solutions are chargeable and are charged in full one hour block.
3.5 All good supplied by ICT Network Solutions are charged separately from the services.
3.6 Where there is any change in the cost incurred by ICT Network Solutions to the goods or services, ICT Network Solutions may vary its price for goods or service on order to take in account of any such change, giving notice to the Customer of the change.
3.7 A "Cancellation fee" will be charged if a booked job is cancelled, without prior notice of within 48 hours of the start time.
3.8 If the correct information required to be supplied by you is not available upon arrival of the ICT Network Solutions technician resulting in an abort visit, a minimum fee will be charged for the abort visit and the service will need to be rescheduled at full cost.
3.9 You agree to pay for any loss or extra cost incurred by ICT Network Solutions through your instructions or lack of instructions or through your failure or delay in taking delivery or through any act or default on your part.
4.0 If a customer has an outstanding balance with ICT Network Solutions, ICT Network Solutions reserve the right not to service the client until the balance is paid in full.
4.1 New and upgraded computer require payment upfront. Please be aware that ICT Network Solutions have a limited amount space for storage, and as a result can not hold onto equipment longer than 30 days. We do our best to contact Customer by phone or email, but in the event ICT Network Solutions are not able to reach you it is the Customer responsibility to retrieve the equipment in a reasonable period of time.
4.2 The customer agrees that payment for services and carriage is non-refundable and parts or equipment fitted or supplied will be replaced only if found faulty and/or covered by the manufacturer's warranty.
5. Credit/Payment Default
5.1 If the Customer defaults in payment by the due date of any amount payable to ICT Network Solutions, or if any cheque drawn by the Customer is dishonoured, then all money which would become payable by the Customer to ICT Network Solutions, becomes immediately due and payable without requirement of any notice to the Customer and ICT Network Solutions may influence to any other remedy available to it as below:
(a) charge the Customer interest at the rate prescribed by the "Penalty Interest Rate Act" plus 4% from the date payment is due until the date payment is made.
(b) charge the Customer for all expenses and costs (including legal cost on a solicitor/own client basis and dishonoured cheque fees)incurred by it resulting from the default and in taking whatever action it deems appropriate to recover any sum due
(c) terminate or suspend by notice in writing any contract with the Customer, without effect on the accrued rights of ICT Network Solutions under any contract.
5.2 If a cheque is drawn against insufficient funds in an account there will be a $30 administrative fee added to the account balance.
5.3 If a credit card payment is not authorised, payment of another type must be made within 5 working days.
5.4 Clause 5.1 (c) may also be relied upon, at the option of ICT Network Solutions;
(a) where the Customer is an individual and becomes bankrupt or enters into any scheme arrangement.
(b) where the Customer is a corporation and it enters into any scheme of arrangement or any assignment or composition with or for the benefit of its creditors or any class of its creditors generally, or has a liquidator, provisional liquidator or any action is taken for, or with the view to, the liquidation (including provisional liquidation), winding up or dissolution without winding up of the customer.
6. Risk/ Ownership
6.1 Prior to full payment of the Price and all other sums owing by the Customer to ICT Network Solutions in relation to any goods, the Customer shall have no right to sell or dispose of any or all of the goods.
6.2 Until payment for the goods has been made by the Customer the goods are only entrusted to the Customer as a fiduciary, and ICT Network Solutions remains the legal and beneficial owner of the goods with full power to resell and regain possession in the event of the Customer's default of payment. Risk in the goods will remain with Customer at all times unless ICT Network Solutions retakes possession of the goods in accordance with this clause.
6.3 ICT Network Solutions may with notice, enter any premises where it suspects the goods may be and remove them, in spite of that they may have been attached to other goods not the property of ICT Network Solutions.
7. Risk and Insurance
7.1 ICT Network Solutions will insure goods against such risks that ICT Network Solutions considers appropriate for the transport of the goods from ICT Network Solutions place of business to that of the Customer or the Customer's nominated location.
8. Delivery Of Goods
8.1 Goods will be delivered to the delivery address specified by Customer.
8.2 Please note that orders may take up to 2-7 working days from receipt of payment to despatch.
8.3 Any period or date for delivery of goods is intended as an estimate only and is not a contractual commitment. ICT Network Solutions will use its best reasonable endeavours to meet delivery dates of goods on time but does not accept liability for failure to deliver within the stated time.
8.4 If goods have been lost in transit, Customer must inform the carrier in writing within that period. If goods have been damaged or supplied short then theCcustomer must keep those goods in one place separate from any other goods and let us inspect them if required before we decide what action to take. If a whole consignment of goods is lost then the customer must inform one of ICT Network Solutions agent in writing within 10 days of the invoice date.
9.1 ICT Network Solutions offers a "no fix, no fee" policy. Under this policy we agree to spend whatever time is necessary to satisfactorily complete the job, in the event that ICT Network Solutions technicians cannot satisfactorily complete the reported job we will refund the price of the service. ICT Network does not guarantee that we can fix every problem as inevitably some problems cannot be fixed without required action or recommendations being carried out by the Customer. In cases where Customer are unwilling to take the action required and in circumstances where other unforeseen issues arise Customer are liable to pay in full the charges that are incurred for goods and/or services provided by ICT Network Solutions at time of booking.
9.2 ICT Network agrees that all warranties are applicable from time to time will be passed unaltered from the manufacturer of the goods to the Customer. ICT Network Solutions does not warrant any goods of its own accord and all remedies, repairs or replacement for any goods will be at the ultimate discretion of the manufacturer PROVIDED THAT NO UNAUTHORISED MODIFICATIONS to the goods or to the system of which the goods forms part have taken place. ICT Network Solutions is not responsible for the cost of labour or other expenses incurred in repairing defective or non-conforming parts.
9.3 Warranties are normally specific to individual goods, please see the documentation provided / supplied with your goods.
9.4 If ICT Network Solutions instruct the customer to return the goods direct to any ICT Network Solutions agents, the goods must be in its original packaging, with all relevant accessories, manuals, CD's, cables etc.
9.5 ICT Network Solutions does not warrant that the operations of software our technician installs or service will be uninterrupted or error free. Customer acknowledge that software (and information technology and communications products generally), including customer software, may have errors and may encounter unexpected problems, and accordingly, customer may experience downtime and errors in the use of software.
9.6 As part of ICT Network Solutions services, we may provide you with the guidance on software installation and maintenance. Customer hereby acknowledge that it's the customer responsibility for obtaining all necessary third party licences for software or other intellectual property or products, and warrant that ICT Network Solutions are not in breach of any relevant licences and that customer compliant with all relevant applicable laws.
10. Customer Responsibilities
Customer understand and agree that prior to contacting or allowing ICT Network Solutions to perform diagnostic repair on your computer, it is the customer's responsibility to back-up the data, software, information or other files stored on your computer disks and/or drives. If for some reason customer cannot back-up the data, ICT Network Solutions technician will provide this service for the customer for a fee as part of our On-site services. Customer acknowledges and agrees that ICT Network Solutions and or its third party service shall not be responsible under any circumstance for any loss or corruption of data and/or software.
10.1 Customer shall be solely responsible for all data inputs, the manner of use of the software by all those to whom it provides access and all outputs derived, and all other results of such processing.
10.2 Customer will meet the terms, at its own expense with any recommendation and guidelines with respect to use of the software, including any adjustments or replacement required in respect of equipment and software that is incidental or collateral to the use of the software.
10.3 Customer will comply with software operator guidelines and user procedures supplied by the licensor agreement.
10.4 Customer without delay needs to report errors in the operation of any aspect of the software or the service provided in accordance through ICT Network Solutions conditions.
10.5 Customer may perform general housekeeping, testing, adjustment and or maintenance as requested by ICT Network Solution in respect of any equipment and software used by the customer.
10.6 Customer agrees to exercise with care and precautions when required by ICT Network Solutions to perform task conjunction with clause 10.5.
10.7 Customer needs to provide a safe working environment, working space and electrical power. If ICT Network Solutions technicians determine that these conditions are not met, services may be denied.
10.8 Subject to customer's reasonable security requirements, customer need to provide ICT Network Solutions with access to and use of all information and system facilities, including user IDs and passwords, necessary provide timely support.
10.9 Customer understands and agrees when an ICT Network Solutions technician provides support, there can be no guarantee that the issue will not occur again or that a similar issue may occur with same manifestations as the issue already addressed.
10.10 Our rules of conduct require that customer have an adult of 18 years of age or older present throughout each onsite visit from ICT Network Solutions technician. If ICT Network Solutions technicians discover that these conditions are not met, services will be denied and a cancellation charge will be assessed.
12.1 ICT Network Solutions shall not be responsible for any misinformation provided to it by the Customer or any third party.
12.2 ICT Network Solutions limits its liability for any loss or damages attributable to the provision of its goods and/or services ("Loss or Damage"), at its option, to the delivery of the relevant goods or services again or payment for the relevant goods or services to be provided again.
12.3 In particular, ICT Network Solutions shall not be liable for any direct or consequential Loss or Damage including without limitation, direct or indirect damages for personal injury, loss of business profit, business interruption, loss of business information or any other pecuniary loss arising out of the use of the recommendations and solutions provided under this agreement. These conditions follow under:
12.3.1 malfunctions or failures caused directly or indirectly by:
a) any third part;
b) actions of ICT Network Solutions that were expressly or impliedly authorised by customer, or by customer's employees or agents;
c) accident, misuse or abuse by anyone other than the ICT Network Solutions;
d) alteration or modification of the software by anyone other than ICT Network Solutions;
e) damage during any movements, such as relocation or re-install of the software;
f) power surge;
g) acts of god or act of outside ICT Network Solutions control;
h) normal wear and tear;
i) Y2K disclaimers
ICT Network Solutions makes no representation or warranty with respect to the Y2K compliance of third party product sold.
12.4 The Customer shall indemnify ICT Network Solutions and hold ICT Network Solutions harmless from and against any and all third party claims which may be asserted against or suffered or incurred by ICT Network Solutions that arise during the course of these conditions unless such claims result from acts of ICT Network Solutions which constitute serious and wilful misconduct by ICT Network Solutions.
12.5 For the purpose of the indemnity above, ICT Network Solutions includes: ICT Network Solutions; its employees, directors, sub-contractors and agents; its sub-contractors' and agents' employees, directors, sub-contractors and agents; and so on down the line.
12.6 ICT Network Solutions will not be liable to the customer or any third party for any breach of any software licence in respect of software provided to ICT Network Solutions by the customer to be installed on customer computer.
12.7 ICT Network Solutions shall not be liable for any claims regarding the physical functioning of the equipment/media or the condition or existence of data stored on the media supplied before, during or after services.
12.8 ICT Network Solutions reserve the right to cancel an order or suspend or delay delivery of it without being liable for any loss or damage if supply of the goods is prevented or delayed by reason of war (whether declared or not), civil strife, riots, adverse weather conditions, fire, flood, labour disputes, accidents, strikes or any other causes or circumstances beyond our control. If this lasts more than 2 months this Agreement may be terminated by either party without compensation.
13. Removal of Equipment
13.1 ICT Network Solutions technicians will not take custody of hardware or software and/or remove it from the customer premises. ICT Network Solutions technicians will advise the customer if any item requires attention by a third party or manufacturer or supplier. ICT Network does not operate a dispatch service for customer equipment.
14. Information Privacy
14.1 At ICT Network Solutions great care is taken to ensure personal information is kept secure and take reasonable steps to protect it from misuse, loss, unauthorised access, modification or disclosure. All customer information ICT Network Solutions collect will be handled sensitively, securely and with proper regards for privacy as applicable to Australia data privacy law and regulations. When ICT Network Solutions provides you with services, sometimes access to, and incidental copying of your personal and confidential data is unavoidable. ICT Network Solutions will take reasonable steps to destroy or permanently de-identify personal information if its not longer requires.
14.2 ICT Network Solutions, its agents, or subcontractors shall not divulge confidential Customer information associated with any Products or Services provided to any third party, without the Customer's consent. However, ICT Network Solution shall bear no responsibility for disclosure where such information or data is publicly available, is already in the possession of ICT Network Solutions, known to ICT Network solutions, or is obtained by ICT Network Solutions from a third party.
15. Entire Agreement
15.1 This Contract is the entire agreement between the Customer and ICT Network Solutions and no representation or statement not expressly contained in this contract or incorporated herein by reference, shall be binding on either party.
15.2 Customer must pay all outstanding invoices to ICT Network Solutions within 30 days failing which all ICT Network Solutions provided to Customer including BUT NOT LIMITED TO maintenance and monitoring services will be suspended until such time as Customer has paid.
15.3 Pricing for all Products and Services shall be provided by ICT Network Solutions to Customer on a case by case basis and in accordance with the Customer's partnership status.
15.4 ICT Network Solutions shall from time to time publish pricing updates and Customer shall either accept the pricing update by continuing to have ICT Network Solutions provide the Products and/or Services or terminate this Agreement and perform all Services work for itself.