Terms and Conditions

Using our Web Site

Introduction

Thank you for visiting our website. This website is owned by AUSTRALIA WIDE I.T. Pty. Ltd.

Your use of our website is subject to the following terms and, by using our website, you agree to be legally bound by them. This applies whether you register your details with us or not. Please read these terms carefully before using our website. If you do not agree to these terms, please do not use our website.

We may revise these terms from time to time. Please read these legal statements from time to time to review them, since you are legally bound by them. Certain areas of our website may be subject to additional terms, or terms that supersede these ones. You will be informed of this on those pages.

You may use our website without registering your details with us. Certain areas of our website will only be available to you if you register, however.

Privacy Statement

We regard your privacy as important and the details that we collect from you, if you have chosen to provide them to us, is to enable us to send you information about products and services in which you register an interest.

It is a requirement of using this site that at all times you will provide true and accurate details in registration forms and via other information request points on our site and also that you do not share any log in details with third parties without our express consent. You agree to notify us immediately if you suspect that a password used by you has been used by a third party.

If you provide or if we have reasonable grounds to suspect that you have provided any information that is untrue, inaccurate, not current or incomplete, AUSTRALIA WIDE I.T. has the right to suspend or terminate your use of our site and refuse any and all current or future use of the site (or portion of the site.)

Licence

You are permitted to print and download extracts from our website for your own use only (and on no account for commercial purpose), provided that:

you do not modify any documents or their related graphics in any way
you do not use graphics separately from corresponding text

This licence does not extend to the commercial use of our website, any collection or use of any product listings, descriptions of our products or services, our pricings or any access to, and downloading of details of any third party who may be identified from any of the contents of our website.

You are granted a non-exclusive and revocable licence to create a hyperlink to our home page. Your hyperlink must not portray AUSTRALIA WIDE I.T., our products and services, our agents, associates and affiliates in an offensive manner, or be misleading or false. You may not use our trademarks as part of your link without our written agreement for you to do so.

You acknowledge that AUSTRALIA WIDE I.T. may terminate or suspend your right to use this website if you breach, or if we have reasonable grounds to suspect that you have breached the provisions of these Terms of Use.

Your use of the AUSTRALIA WIDE I.T. Website

Apart from your personal information, any other material that you may post to our website will be considered non-confidential and non-proprietary. AUSTRALIA WIDE I.T. shall have no obligations with regard to such material. AUSTRALIA WIDE I.T. shall be free to copy, disclose, distribute, incorporate and use this material and all things embedded in it for its own commercial and non-commercial purposes.

When you use our website, you may not use it in any way that may be technically harmful (such as infecting it with computer viruses, logic bombs, Trojan horses, worms or any other harmful components, corrupted data, malicious or harmful software).

You may not use our website for any fraudulent or illegal purpose or in connection with a criminal offence.

You may not post or transmit material to, from or through our website that may be threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial or religious hatred, discriminatory, scandalous, inflammatory, blasphemous or that may infringe the rights of any third party.

You may not cause annoyance or inconvenience to any person by using our website.

AUSTRALIA WIDE I.T.shall co-operate with any law enforcement authorities or court order requesting or directing AUSTRALIA WIDE I.T. to disclose the identity or locate anyone posting any material in breach of any of these provisions.

Links to Other Websites

Links to third party websites on our website are provided solely for your convenience. If you use these links, you will leave our website. AUSTRALIA WIDE I.T. has not reviewed all of these third party websites and does not control and is not responsible for them or their content or availability. AUSTRALIA WIDE I.T. does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to our website, you do so entirely at your own risk.

Completing Forms on the AUSTRALIA WIDE I.T. website

If you choose to provide us with information via a form on the AUSTRALIA WIDE I.T. website we will use that information only to complete the request specified by that form, or to update you regarding similar products and services to those purchased.

If you choose to complete any AUSTRALIA WIDE I.T. form, we will collect your information by an automated process.
We will not share your information with any third party, other than as described above in Your Use of the AUSTRALIA WIDE I.T. Website.
We will retain the information provided by you only for so long as is reasonably appropriate under the Data Protection Act 1998.

Copyright Statement

All content within our website and software, passwords and code used or supplied in connection with its operation is the property of AUSTRALIA WIDE I.T. or its licensors unless stated otherwise.

You expressly agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of this website or connected AUSTRALIA WIDE I.T. websites or content, products or service made available via those sites.

Disclaimer

While we endeavour to ensure that the information on our website is correct, AUSTRALIA WIDE I.T. does not make any warranties or representations about the accuracy and completeness of the material on it. AUSTRALIA WIDE I.T. may make changes to the material on the website, or to the products and prices described in it, at any time without notice. The material on our website may be out of date, and AUSTRALIA WIDE I.T. makes no commitment to update such material. AUSTRALIA WIDE I.T. expressly disclaims liability for errors and omissions in the contents of our website. Users should seek appropriate advice before proceeding on the basis of any information.

The material on our website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with our website on the basis that AUSTRALIA WIDE I.T. excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill which, but for this legal notice, might have effect in relation to the website.

AUSTRALIA WIDE I.T. accepts no responsibility for any loss which may arise from reliance on any information contained on this website or any other sites linked from this site. You agree that AUSTRALIA WIDE I.T. is excluded from all liability of any kind arising from any third party content or information on or linked from this site.

You acknowledge that use of the Internet is not guaranteed to be continuous or error free. AUSTRALIA WIDE I.T. shall not be liable for damage, costs or loss arising from events outside its control including without limitation flood, fire, theft, power outage, terrorist attack, loss or interruption of communications service, or strike.

Liability

The liability of AUSTRALIA WIDE I.T. for all loss directly resulting from the use of, or inability to use, its website is limited to HK500. Save for that limit, AUSTRALIA WIDE I.T. and any of its group companies of AUSTRALIA WIDE I.T. and the officers, directors, employees, shareholders, contractors or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party through the use of, or your inability to use, our website, or through the content of our website. This includes (but this list is not exhaustive) any indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or use of money. This limitation applies whether your damages or losses may arise in tort (including without limitation negligence) or contract.

Nothing in this legal notice shall exclude or limit the liability of AUSTRALIA WIDE I.T. for:

(a) a death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.

If your use of material on our website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs of such.

Nothing in these Terms of Use shall affect your statutory rights.

General

Notices served in relation to these Terms of Use must be in writing and may be served by post or e-mail.

Governing Law and Jurisdiction

These legal notices shall be governed by and construed in accordance with the legal requirement of the State of Victoria or the Commonwealth of Australia. Disputes arising in connection with these legal notices shall be subject to the exclusive jurisdiction of the courts of the Commonwealth of Australia.

Trading Terms and Conditions

Definitions
In these conditions:
"Australia Wide I.T." means employees and other agents working on behalf of Australia Wide I.T. Pty. Ltd. ATF The Goudge Family Trust A.B.N: 38 986 559 168
"break-fix" means the work done by Australia Wide I.T. to fix an immediate computer problem or fault and does not include user training;
"Conditions" means these Terms and Conditions; "Customer" means the Customer, and may be a person, firm or corporation, jointly and severally if there is more than one, acquiring Goods or Services from Australia Wide I.T.; "Goods" means goods supplied by Australia Wide I.T. to the Customer; "maintenance" means the work done according to the Maintenance Procedures for the Customer's technology systems that are designed by Australia Wide I.T. and any additional work done with the aim of preventing a larger problem, as determined by Australia Wide I.T.; "Services" means the services supplied by Australia Wide I.T. to the Customer; "Maintenance Plan" means the ongoing Maintenance Plan provided by Australia Wide I.T. to the Customer as described in both the Maintenance Plan Agreement and the "Australia Wide I.T. Maintenance Plans" brochure; "Starting Date" means the date on which the contract will start;
2. Basis of Contract
2.1 Unless otherwise agreed by Australia Wide I.T. in writing these Conditions apply exclusively to goods and services provided by Australia Wide I.T. and cannot be varied or supplanted by any other conditions without the prior written consent of Australia Wide I.T.
2.2 It is the Customer's responsibility to ensure the information supplied is correct, and notify Australia Wide I.T. in writing of any changes that occur. If the Customer fails to give notice of any such changes, Australia Wide I.T. retains the right to cease supply of goods and/or services.
2.3 Any written quotation provided by Australia Wide I.T. to the Customer for Goods or Services is valid for 7 days and is an invitation only to the Customer to place an order based on that quotation.
3. Charges and Payment
3.1 The Customer must pay any outstanding overdue invoices prior to the commencement of any work or supply of any goods.
4. Payment Default
4.1 If the Customer defaults in payment by the due date of any amount payable to Australia Wide I.T., or if any cheques drawn by the Customer is dishonoured, or if Direct Debit payment is dishonoured after two attempts are made (as per the Direct Debit Service Agreement), then without the requirement of any notice to the Customer, Australia Wide I.T. may, without prejudice to any other remedy available to it:-
a) charge the Customer for interest on any sum due at the prevailing rate pursuant to the Penalty Interest Rates Act 1983 plus 4 per cent for the period from the due date until the date of payment in full;
b) charge the Customer for all expenses and costs (including legal costs on a solicitor/own client basis and any administrative costs, fees, charges or damages) incurred by it resulting from the default and in taking whatever action it deems appropriate to recover any sum due;
c) require all money which would become payable by the Customer to Australia Wide I.T. at a later date on any account, to become immediately due and payable;
d) cease or suspend for such period as Australia Wide I.T. thinks fit, supply of any further Goods or Services to you;
e) by notice in writing to the Customer, terminate all contracts with the Customer so far as unperformed by Australia Wide I.T.:
Without effect on the accrued rights of Australia Wide I.T. under this contract.
4.2 Clauses 4.1(c), 4.1(d) and 4.1(e) may also be relied upon, at the option of Australia Wide I.T.:
a) where the Customer breaches a term of any agreement made and is not remedied within 7 days of breach;
b) where the Customer is an individual and becomes bankrupt or enters into any scheme of arrangement or any assignment or composition with or for the benefit of his or her creditors or any class of his or her creditors generally; or
c) where the Customer is a corporation and, it enters into any scheme of arrangement or any 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, administrator, receiver or receiver and manager appointed, 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.
5. Passing of Property
5.1 Until full payment in cleared funds is received by Australia Wide I.T. for all Goods supplied by it to the Customer, as well as all other amounts owing to Australia Wide I.T. by the Customer:-
a) title and property in all Goods remain vested in Australia Wide I.T. and do not pass to the Customer;
b) the Customer must hold the Goods as fiduciary bailee and agent for Australia Wide I.T.;
c) the Customer must keep the Goods separate from its goods and maintain the labelling and packaging of the Goods;
d) the Customer is required to hold the proceeds of any sale of the Goods on trust for Australia Wide I.T. in a separate account however failure to do so will not affect the Customer's obligation to deal with the proceeds as trustee;
e) Australia Wide I.T. may without notice, enter any premises where it suspects the Goods may be and remove them, notwithstanding that they may have been attached to other goods not the property of Australia Wide I.T., and for this purpose the Customer irrevocably licences Australia Wide I.T. to enter such premises and also indemnifies Australia Wide I.T. from and against all costs, claims, demands or actions by any party arising from such action.
6. Risk and Insurance
The risk in the Goods and all insurance responsibility for theft, damage or otherwise in respect of the Goods will pass to the Customer immediately upon delivery of the Goods to the premises nominated by the Customer.
7. Performance of Contract
Any period of date for delivery of Goods or provision of services stated by Australia Wide I.T. is intended as an estimate only and is not a contractual commitment. Australia Wide I.T. will use its best reasonable endeavours to meet any estimated dates or times for delivery of the Goods or Completion of the Services.
8. Australia Wide I.T. Warranties
8.1 All Goods and Services supplied shall be free from defects in materials and workmanship for a period of 30 days from the date of delivery.
8.2 This warranty does not apply in circumstances where:
a) the Goods or Services are not defective;
b) the Goods were used or services required for a purpose other than for which they were intended;
c) the Goods were repaired, modified or altered by any person other than Australia Wide I.T.;
d) the defect has arisen due to misuse, neglect or accident;
e) the defect has arisen due to normal wear and tear on the Goods;
f) the Goods have not been stored or maintained as recommended by Australia Wide I.T. or the manufacturer;
g) the Customer is in breach of the Conditions; or
h) the Customer has altered the hardware or software configuration of the Customer's computer or server after completion of the Services or installation of the Goods;
8.3 This warranty is in addition to any manufacturer, wholesaler or supplier warranty.
9. Liability
9.1 Except as specifically set out herein, any term, condition or warranty in respect of the quality, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Goods or Services, whether implied by statute, common law, trade usage, custom or otherwise, is hereby expressly excluded.
9.2 Replacement or repair of the Goods or resupply of Services is the absolute limit of Australia Wide I.T. liability howsoever arising under or in connection with the description, quality, condition, performance, assembly, manufacture, design, merchantability or fitness for purpose of the Goods or Services or alternatively the sale, use of, storage or any other dealings with the Goods or Service by the Customer or any third party.
9.3 Australia Wide I.T. is not liable for any program or data loss or damage by any Customer arising directly or indirectly from the provision of the Goods or Services.
9.4 Any replacement of parts under warranty will be carried out at the premises nominated by Australia Wide I.T.. The cost and risk of transport of any part to the nominated premises is the responsibility of the Customer.
9.5 Australia Wide I.T. is not liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party.
9.6 Australia Wide I.T. will not be liable for any loss or damage suffered by the Customer where Australia Wide I.T. has failed to meet any delivery date or cancels or suspends the supply of Goods or Services.
9.7 Nothing in the Conditions is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified by law.
9.8 Australia Wide I.T. is not liable for data loss of any kind, it is the Customers responsibility to make and maintain their own data backups. During the course of repairing your computer data loss may occur, the Customer hereby indemnifies Australia Wide I.T. against damages arising from any such data loss.
10. Copyright in Software
10.1 Australia Wide I.T. will not be responsible to the Customer or any third party for any breach of any software licence in respect of software provided to Australia Wide I.T. by the Customer to be installed on a Customer's computer.
10.2 The Customer hereby indemnifies Australia Wide I.T. against any loss, damage, costs, harm or other expense whatsoever arising either directly or indirectly as a result of Australia Wide I.T. installing software at the request of the Customer.
11. Cancellation
11.1 If, through circumstance beyond the control of Australia Wide I.T., Australia Wide I.T. is unable to effect delivery or provision of Goods or Services, then Australia Wide I.T. may cancel the order by notice in writing to the Customer.
11.2 If the Customer gives less than 2 hours notice to Australia Wide I.T. to cancel any booking for service, then Australia Wide I.T. may charge a cancellation fee of at least $50 for the loss and damage caused or the full quoted call out fee, whichever is greater.

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