Accurate IT Support Terms and Conditions of Trading
Definitions
"Business Customer" means a customer who is not a Consumer.
"Consumer" means an individual who is not acting for the purposes of his or her business or profession.
"Accurate IT Support" means Accurate IT Support also referred to as "we" or "us" in these terms and conditions.
"Catalogue" means the catalogue of products and services offered by Accurate IT Support.
“Service” means the provision of web site or email account hosting services
"Force Majeure" means any cause affecting the performance by Accurate IT Support of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.
"Normal Working Hours" means 9 am to 5:30pm on a Working Day.
"Working days" means Monday to Friday, excluding Public holidays.
Orders
All contracts of sale made by Accurate IT Support shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party ("the Customer") with whom Accurate IT Support is dealing. Cancellation of orders by business to business customers is not accepted as many orders are despatched on the same day the order is placed. Cancellation of orders by Consumers will be accepted in accordance with the Consumer Protection legislation at the time of the transaction. Nothing in these terms and conditions is intended to impinge upon a Consumer's statutory or contractual rights to reject faulty goods.
All orders are subject to acceptance and to availability of the goods ordered: Accurate IT Support is entitled to refuse any order placed by you.
You undertake that:
1. all details you provide to us for the purpose of purchasing goods or services offered by us are correct, and
2. the credit or debit card you use to make a purchase from us is your own card or your company's card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
Please note, Accurate IT Support may record and / or monitor inbound and outbound calls and electronic traffic for training purposes.
Prices
Goods and services, together with GST (if applicable), are invoiced at the price prevailing at time of order.
Accurate IT Support reserves the right to modify the prices from time to time.
Delivery, Title and Risk
Accurate IT Support shall use reasonable endeavours to despatch goods by the date agreed with the customer, but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. If a delay is likely, we shall contact the customer and advise of the delay. A customer who is a Consumer shall be entitled to cancel an order when advised of a delay if the revised delivery date is not acceptable.
In the case of a Business Customer, if Accurate IT Support is unable to deliver the goods within 30 days of the agreed delivery date, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to Accurate IT Support in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to Accurate IT Support after the above date but before delivery of the goods or notification from Accurate IT Support that the goods are ready for delivery. This Clause does not apply to Consumers.
In the case of Business Customers, Accurate IT Support does not accept liability for shortages or damage to deliveries unless the Customer notifies Accurate IT Support of the shortage or damage in writing within 48 hours of receipt of the delivery. Consumers should notify shortages or damage within a reasonable period of becoming aware.
Business Customers are required to be able to accept the goods when they are ready for delivery within Normal Working Hours.
Delivery is deemed to take place when the goods are delivered to the Customer's nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.
Title in the goods does not pass to the Customer until payment is received in full by Accurate IT Support.
If the Customer cannot accept delivery, Accurate IT Support may at its option: (a) store and insure the goods at the Customer's expense and risk or (b) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or (c) re-arrange delivery provided that Accurate IT Support may charge the Customer for the additional delivery costs incurred.
The Customer may request a Proof of Delivery, provided that this request is made in writing within 3 months of the date of delivery and Accurate IT Support shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.
Upon delivery of the goods, the Customer will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility of the Customer to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. Accurate IT Support shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment.
Payment
Accurate IT Support’s standard terms of payment are seven (7) days from the date of the invoice, and these will apply except in the case of transactions where different terms are agreed in writing.
For Web Hosting, you must pay to us the Hosting Fee and Setup Fee in advance. The Hosting Fee is exclusive of any government taxes or charges and exclusive of any registration or delegation charges imposed by domain name authorities. For SSL (Secure Sockets Layer) certificates you must pay the yearly licence fee in advance before the certificate will be registered or renewed.
You must pay all amounts billed in accordance with the invoice details.
We may increase our fees and charges, upon giving you not less than 14 days' notice in writing prior to the expiration of this agreement or any renewed term and will take effect upon the commencement of the renewed term of this agreement.
Where you have authorised us to charge Service Fees against your credit card you authorise us to charge Service Fees immediately as and when they become due and payable (irrespective of whether an invoice has been issued). However, you may cancel that authorisation at any time by notice in writing to us provided that any such cancellation will not have any effect until all moneys owed by you to us have been charged to your credit card.
You consent to us obtaining a credit agency report containing personal information (as well as information concerning commercial creditworthiness and activities) for the purpose of assessment by us for the purpose of the collection of payments which are overdue.
We may discontinue all services as a result of non payment within 7 days of the due date of an invoice.
If payment is not made on the due date, Accurate IT Support will be entitled to charge interest daily on the outstanding balance at the rate of 3% above Commonwealth Bank of Australia base lending rate from time to time. All legal costs incurred in recovering the debt will also be added to the customers invoice, and be recoverable from the customer, in addition to the original invoice cost.
Product specifications
Accurate IT Support makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer.
If Accurate IT Support cannot supply the goods ordered by the Customer, Accurate IT Support reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to Accurate IT Support in respect of that order, including carriage charges. This shall be the sole remedy of the Customer in these circumstances.
Due to the current manufacturing methods of active matrix display panels, a small percentage of sub-pixel anomalies (i.e. a pixel stuck on or off) are accepted by the industry as unavoidable. Accordingly, because the manufacturing yield of perfect active matrix panels is low, displays may have some sub-pixels that are either always on or off. The cost of accepting only theoretically perfect displays would almost double the price of a portable computer using an LCD screen. Please be aware of this before purchasing a TFT screen. Accurate IT Support has to adhere to the manufacturer's guidelines stipulating that a given number of pixel failures are deemed acceptable before the TFT screen is accepted for replacement on grounds of fault.
Web and email hosting services
Access to the Services shall be provided strictly in accordance with the terms of this agreement including the following conditions:
We may assign you a user name and password which will provide you with access to the Accurate IT Extranet. This password is for your use only. Extra usernames/passwords should be arranged if other company representatives wish to view the Extranet. These details can be set up on request.
Scheduled Maintenance - We must perform scheduled maintenance to servers from time to time. We will attempt to perform all scheduled maintenance at times which will affect the least amount of customers.
Unscheduled maintenance may need to be performed from time to time.
We will post details of maintenance events to the Service News page of the Accurate IT Extranet or inform individual clients of maintenance events at times deemed to be appropriate by Accurate IT, where the maintenance events may tend to cause interruptions to services and/or loss of data and/or impact on live services in other ways. Only clients with extranet access authority will be able to view the Service News page.
We will archive your data onto backup mechanisms on a regular basis for the purposes of disaster recovery. In the event of equipment failure or data corruption, we will restore from the last known good archive. In the event of corruption of all of our archives, or in the event that an old archive is used to restore data, you should be prepared to upload your data to your Web Site. This process requires that you maintain a recent copy of your data at your premises at all times.
We shall not be obliged to put in place any substitute or alternative system should there be a failure of or delay in the provision of the Service.
Except to the extent specified to the contrary in this agreement, we shall not be obliged to support the Service, whether by providing advice, training, error correction, modification, updates, new releases or enhancements or otherwise.
Warranties and Liabilities of provision of the service
To the maximum extent permitted by law:
The use of the Service by the Customer (which includes the contents thereof and any storage or use of information) is at the Customer's sole risk.
Accurate IT Support and its information providers, licensors, licensees, employees or agents do not:
1. make any warranty as to the results obtained from the use of the Service.
2. warrant that the provision of the Service or any part of the Service will be continuous or uninterrupted;
3. warrant that the provision of the Service or any part of the Service will provide you with a secure or confidential means of communication;
4. warrant that data transmitted or received by you, your clients, or any person through the use of the Service will be accurate or virus free;
5. warrant that the Service or any part of the Service is free from defects;
6. warrant that the Service or any part of the Service will operate without interruption or errors.
The Service is provided on an "as is" basis and to the extent permitted by law without warranties of any kind, either expressed or implied including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose or use.
Neither Accurate IT Support nor its information providers, licensors, licensees, employees, and agents nor anyone else involved in creating, producing or delivering the Service shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the Service or inability to use the Service or out of any breach of any warranty.
The Customer hereby indemnifies and shall keep indemnified Accurate IT Support and its information providers, licensors, licensees, employees or agents in respect of any loss or damage, action, claim, suit, or proceeding suffered by or brought against Accurate IT Support and its information providers, licensors, licensees, employees or agents by any person:
1. in relation to or concerning any use of the Accurate IT Support network or the Service by the Customer or a Designated User; or
2. as a result of the transmission of any illegal and/or fraudulent or offensive material by the Customer or a Designated User; or
3. as a result of any breach of the Agreement by the Customer or a Designated User; or
4. as a result of any wilful, unlawful or negligent act or omission of the Customer or a Designated User.
You shall not make or prosecute any claim or demand against us or our contractors arising from a failure of or delay in the provision of a Service
The provisions of this Clause will survive any termination of the Agreement.
Except as expressly provided to the contrary in this agreement, all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this agreement, are excluded. Where any statute implies in this agreement any term, and that statute avoids or prohibits provisions in a contract excluding or modifying the application of or liability under such a term, then the term will be taken to be included in this agreement. However, our liability for any breach of the term will, if permitted by that statute be limited, at our option, to the resupply of the services again; or payment of the cost of having the services supplied again by Accurate IT Support.
You warrant that
1. at the time of entering into this agreement you are not relying on any representation made by us which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document directly relating to the project or individual service at hand;
2. you will conduct reasonable tests and computer virus scanning as may be necessary to ensure that data uploaded by you onto or downloaded by you from the Server or emailed to us or sent to us in any digital form does not contain any computer virus and will not, in any way, corrupt the data or systems of any person. A virus maintenance fee of at least $67.50 will be billed for each virus that is detected in a document supplied to Accurate IT Support. A request for Accurate IT Support to view a document is deemed as an authorisation to perform virus maintenance on the document. Pro-rata hourly support fees may be incurred if the job of virus maintenance initiated by supply of an infected document to Accurate IT Support becomes substantial;
3. you will keep secure any passwords used to upload data to the Server or to access the Extranet;
You accept responsibility for all information and material you issue over any Service, and indemnify us and hold us harmless against any liability in relation thereto. In particular you undertake that you shall not publish or issue any information which is illegal. You also acknowledge that we do not vet or approve any information or material available through the Service and that we do not accept any liability. To the full extent permitted by law you access and use such information and material at your own risk.
You are solely responsible for dealing with persons who access your data or data presented on your web site or presented by you or by an agent for you or by Accurate IT Support on your behalf, and must not refer complaints or inquiries in relation to such data to us, except where an alternative agreement has been placed in effect for a temporary period.
Risk of loss of or damage to your computer system including, loss or damage to data or software or configuration or functionality, and whether or not arising from the implementation or use of the Service or any part of the Service at all times remains with you.
We shall not be liable for any loss or damage you suffer if a terminal or telephone line or any other piece of equipment or software is not working.
Suspension of Service
We may from time to time without notice suspend the Service or disconnect or deny your access to the Service:
1. During any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavours to procure the resumption of the Services as soon as reasonably practicable; or
2. if the Customer fails to comply with any agreement (including failure to pay charges due) until the breach (if capable of remedy) is remedied, or does, or allows to be done, anything which in our opinion may have the affect of jeopardising the operation of the Service. Notwithstanding any suspension of any Service under this clause you shall remain liable for all charges due throughout the period of suspension.
Conditions of Service
The Customer shall adhere to the Rules in force from time to time.
We may monitor or keep any records that it deems necessary of the Customer's use of the Service.
The Customer shall not use the Service nor shall the customer permit the Service to be used:
1. in such a manner as may reasonably be expected by Accurate IT Support to impair the use of the Service by other customers of Accurate IT Support; or
2. for any activities of an illegal or fraudulent nature, including activities prohibited under the Telecommunications Act 1997 (Cth), the Copyright Act 1968 (Cth), the Privacy Act 1988 (Cth) or under other applicable Australian State and Commonwealth laws.
The client will make documentation specific to the business requirements of the web site available to the development team, together with staff assistance as necessary.
The development team build software modules based on specifications and designs that expand or enhance existing software components that will remain the property of the development team and/or its original copyright owners. These components will be made available to the client on a non-exclusive basis for use in conducting their normal course of business. (E.g. display of components, file transfer of components.)
Except where specified to the contrary, you acknowledge that there is no transfer of title or ownership to you of software or documentation provided with or as part of the Service, or any modifications, updated or new releases of the software or documentation provided with or as part of the Service.
You shall not modify or alter the Service or merge all or any part of the Service with any other Service without our written permission.
This agreement shall apply to the Service as modified or altered.
You shall not reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile the whole or any part of the Service.
Trade names and Trade Marks
Trade names and marks (other than Accurate IT Support’s) are not always indications of the actual manufacturer of a particular product and may rather be indicative of general use systems and machines associated with such products.
In the case of component purchases, Customers requiring a particular brand of product should, before placing an order, check with Accurate IT Support the identity of the manufacturer of component it is proposed to purchase.
Warranties and Returns
Accurate IT Support is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below.
Unless otherwise stated in the manufacturer's documentation, all goods delivered to a Australian mainland address carry a 12-month manufacturer's warranty.
If you purchase goods in the course of your business, the following provisions of this Clause shall apply. Other than the express provisions set out in these terms and conditions, all other terms and the implied terms or warranties relating to the supply of goods are excluded to the fullest extent permitted by law. Goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing.
If you purchase services in the course of your business, the following provisions of this Clause shall apply. Accurate IT Support shall use its skill and expertise to carry out any contracted works to a standard equivalent to that of a competent computer professional, and shall warrant our work as free from defects, for a period of 30 days after completion. In particular, we cannot be held responsible for any fault or damage not caused by Accurate IT Support services' engineers or its contracted agents. In the event of a claim arising relating to the level of skill and judgement applied in the course of providing Services, Accurate IT Support reserves at its sole discretion the right to appoint an independent expert in the field to appraise the work carried out in the execution of the Service(s). Additionally, Accurate IT Support cannot be held responsible for equipment installed or configured when the equipment has subsequently been altered or configured by persons other than Accurate IT Support. Except as set out here, all other express or implied terms or warranties relating to the Services are excluded to the fullest extent permitted by law.
Subject to the statutory right of Consumers to return goods for refund, Accurate IT Support does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering.
In the event that Accurate IT Support, at its discretion agrees to accept the return for credit of unwanted products, the goods must be returned with Accurate IT Support’s prior written agreement within 14 days of delivery. The goods must be unopened and in perfect re-saleable condition. All goods returned in these circumstances will be subject to a handling fee of 15% of Accurate IT Support’s sale price for the goods, or $50, whichever is the greater.
Subject to testing to verify any alleged fault, we will accept the return of defective goods for full refund or replacement at our option, if, but only if, the goods are returned within 14 days of delivery. Consumers who wish to return defective products are not obliged to follow the processes set out below, but are recommended to do so as this helps us to provide a more efficient returns service.
Accurate IT Support’s technical support staff or Customer Support staff, as appropriate, will advise you of which method of delivery to use to return the products. Depending on the nature of the product purchased, we will either arrange a courier collection, or request that you return the product directly to us. If the goods are found on inspection to be defective, the cost of returning the item will be refunded to you. Authorised product returns must be sent to: Customer Returns, Accurate IT Support, 117 McGregor Rd, Gisborne, 3437 , Victoria, Australia.
Accurate IT Support offers a "no charge" collection, repair and delivery service (on the Australian mainland only) for hardware which is shown to be faulty provided that the fault is reported within 14 days of delivery. If we have arranged for a courier collection of your product, we are unable to specify the collection time, and it is your responsibility to ensure that someone will be present at the collection address when the courier arrives.
All returned goods (except those returned under Clause 13) must be accompanied by Accurate IT Support’s Returns Authorisation number ('RA Number') which can be obtained by contacting Customer Support. Returned goods will not be accepted without an RA Number. Do not write directly on the manufacturer's packaging. Please write the RA number on the address label provided with the Returns Authorisation and attach it to the returned package. Any defacement of the manufacturer's packaging or damage caused by inadequate packaging may result in the rejection of the return or an additional restocking fee, at Accurate IT Support’s sole discretion.
Accurate IT Support cannot accept liability for packages damaged during transit. It is the Customer's responsibility to wrap the product adequately to prevent damage.
Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to insure the goods for their full value.
On receipt of the returned product, we will test it to identify the fault you have notified to us.
If following the testing process, the product is found to be in good working order without defect, we will return the product to you, and the carriage costs of this return will be your responsibility. Please note that if you have, in the meantime, required us to provide you with a replacement product before completion of the testing process, you will have to pay for this product also.
Unless otherwise stated in the manufacturer's documentation, all goods delivered to an Australian address carry a 12-month manufacturer's warranty. Customers who wish to make a warranty claim must comply with the manufacturer's instructions and warranty procedure. In order to resolve your problem as quickly as possible, we may refer you to the product manufacturer who will deal directly with the return. In these instances, we will provide you with the contact information for the relevant manufacturer. If you are a consumer, this does not affect your statutory rights.
This warranty shall not apply if the goods have been worked upon, altered or damaged in any way by the Customer or its employees or agents, or to goods not used in accordance with the manufacturer's instructions.
No software on which seals have been broken can be returned for credit. If any software discs are faulty, the manufacturer will replace them. If you are a consumer this does not affect your statutory rights. Please note Software Licences are non returnable unless the software is materially non-compliant with its specification or the physical media on which it is supplied is defective.
Some manufacturers require goods to be returned within 14 days or less in order to secure refund. In such instances the manufacturer's time limit will apply and therefore Accurate IT Support will only accept a return within 14 days of purchase or the manufacturer's time limit, if that limit is less than 14 days. We can only accept the return of a defective product that does not meet the description, if they are returned to us within 14 days. Beyond that period you will be deemed to have accepted the goods and you must therefore check the goods promptly on receipt.
Accurate IT Support’s liability
In its dealings with Business Customers, Accurate IT Support shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships loss of data and other financial loss. ("Financial loss" in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). Accurate IT Support’s liability in respect of all other losses shall be limited to the invoiced amount of the relevant order.
Nothing in this agreement shall limit Accurate IT Support’s liability for death or personal injury caused by its negligence.
Health and Safety
Accurate IT Support confirms that the goods it supplies as a distributor do not present a hazard to health and safety
1. when properly used for the purpose for which they are designed; and
2. if the Customer takes reasonable and normal precautions in their use.
Force Majeure
Where, in spite of its reasonable efforts, Accurate IT Support is unable to perform an obligation due to circumstances beyond its reasonable control, it shall not be deemed to be in breach of its contract with the Customer.
Errors and Omissions
Accurate IT Support makes every effort to ensure that all prices and descriptions quoted are correct and accurate. In the case of an error or omission, Accurate IT Support will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer's order and/or received payment from the Customer. Accurate IT Support’s liability in that event will be limited to the return of any money the Customer has paid in respect of the order.
General
Nothing in these terms and conditions affects your statutory rights as a Consumer.
If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
Any waiver of a breach of this Agreement must be in writing.
Any variation of this Agreement must be in writing and signed by a duly authorised Accurate IT Support official.
The headings are for convenience only and shall not affect the interpretation of this Agreement.
Any notices given under this Agreement shall be in writing and sent (a) by registered mail to the last known address of the party; or (b) by fax to their last known fax number; or (c) by e-mail to the last notified e-mail address of the party.
These terms and conditions shall be governed by and construed in accordance with the laws of Australia and the parties submit to the non-exclusive jurisdiction of the Australian courts.
Accurate IT Support may at its discretion record telephone transactions for staff training and quality control purposes.
