Terms & Conditions

Definitions

“Backup” shall mean any method (software and/or hardware) used to copy or duplicate Customers data.

“Customer” shall mean any person or business requesting any goods or services from Warringah IT.

“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.

“GST” shall mean the goods and services tax within the meaning of the GST Act.

“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.

“Quote” or “Quotation” shall mean written specification of the services as discussed between the Customer and Warringah IT.

“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.

“Terms” shall mean the Terms and Conditions herein this document.

Prices, Terms & Payments

• Prices for labour (Services) performed by Warringah IT can be found here: 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.
• Payment in full is required by the due date of the invoice.
• Payment methods can be viewed here: warringahit.com.au/payment
• 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, we may charge, in addition to any other costs recoverable under these terms and conditions:
  • An amount of the greater of twenty dollars ($20) or ten percent (10%) of the amount overdue shall be levied for administration fees which sum shall become immediately due and payable; and,
  • Any costs and expenses (including any commission payable to any commercial or mercantile agents and legal costs) incurred by Warringah IT in recovering any unpaid amounts under these terms; and,
  • The expenses incurred by Warringah IT in regard to unsuccessful mediation if the Customer is ordered by a judgment to pay the outstanding amount in full or in part.

Variations and Additional Services

• If, at the request of or with prior consent from the Customer, Warringah IT has performed work or rendered other performance which goes beyond the substance or scope of the agreed services, the Customer shall pay for that work or performance according to Warringah IT’s usual rates.
• The Customer accepts that additional work may affect the agreed or expected time of completion of the services and the mutual responsibilities of the Customer and Warringah IT.
• Insofar as a set price has been agreed for the services, Warringah IT shall, upon request, inform the Customer either orally or by way of email or quotation about the financial consequences of the extra work or performance that has been requested.

Cooperation by the Customer

• The Customer shall always furnish Warringah IT in a timely manner with all data or information which is useful and necessary to execute the Terms properly and provide full cooperation, including furnishing access to its buildings.
• The Customer shall bear the risk of selecting, using and applying in its organisation the equipment, software, websites, databases and other products and materials.
• If the Customer does not provide Warringah IT with the data, equipment, software or employees necessary to execute the Terms, Warringah IT shall be entitled to suspend execution of the Terms in whole or in part.
• In the event that employees of Warringah IT perform work on-site at the Customer’s, the Customer shall provide the facilities reasonably desired by those employees free of charge, such as a working space with computer and telecommunications facilities.

Termination

• Warringah IT reserves the right to suspend or terminate the supply of Goods and Services at any time to a Customer who has overdue invoices.

Cancellation Policy

• A minimum of 24 hours notice is required for cancellation of appointments. Failure to do so may result in a cancellation fee of $66.00 including GST.

Risk & Title

• The rise of loss or theft of or damage to objects, products, software or data which are the subject of these Terms shall pass to the customer at the time they have been placed at the actual disposal of the Customer.
• All Goods delivered to the Customer shall remain the property of Warringah IT until all amounts owed by the Customer have been paid fully to Warringah IT.
• Warringah IT can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Customer.

Delivery of Goods and Services

• Warringah IT shall not be liable for any loss or damage whatsoever due to the failure by Warringah IT to deliver the Goods or Services promptly or at all.

Warranty

• For Goods not manufactured by Warringah IT, the warranty shall be the current warranty provided 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: failure on the part of the Customer to properly maintain the Goods; failure to follow any instructions provided by Warringah IT; use of the Goods otherwise than specified; continued use of Goods after a defect becomes apparent; or fair wear and tear, any accident or act of God.

Data & Backup

• The Customer is solely responsible for: the selection of the data they wish backed up; the scheduling of the backup; ensuring the successful backup has occurred; periodically ensuring that data can be restored from backup; rectification of defects, errors or computer viruses in any software or hardware including Ransomware; and any act of negligence of the Customer’s employees resulting in the exposure of any Backup software to Ransomware or other related viruses.
• Warringah IT does not warrant that any Backup is secure against any loss or corruption.
• Warringah IT makes no warranty in relation to the Backups and will not be liable for any damages or loss of any kind.
• Backup and recovery setup and assistance is offered by Warringah IT on a ‘good faith’ basis, and under no circumstances does Warringah IT guarantee recovery of any data or further loss.
• The Customer indemnifies Warringah IT against all and any demands, claims, actions and proceedings whatsoever arising in connection with and arising out of any Backup.
• Warringah IT shall not be liable for any non-performance, delay, errors, data loss or other loss caused by any event reasonably beyond Warringah IT’s control including, but not limited to, Ransomware or other related viruses, acts of God, war, fire, flood, earthquake, or any law, proclamation, regulation, ordinance or other act or order of any court, government or governmental agency.

Severability

• These Terms and Conditions replace and supersede all previous Terms and Conditions Warringah IT have issued.

Force Majeure

• A Party shall not be obliged to perform any obligation if it is prevented from doing so by a situation of force majeure, including a situation of force majeure for Warringah IT’s suppliers, improper performance of obligations by suppliers prescribed by the Customer, as well as defects in objects, materials or software of third parties which the Customer has required Warringah IT to use.
• If a situation of force majeure lasts for more than 90 days, the Parties shall be entitled to terminate the Terms by rescinding it in writing.

Governing Law

• The terms and conditions are governed by the law of New South Wales and each party submits to the non-exclusive jurisdiction of the courts of that State in respect of any proceedings arising in connection with these Terms and Conditions.