One Click Technology Solutions
ABN 41 326 164 810
DEFINITIONS OF THE CONDITIONS:
In these conditions:
-“Conditions” means these Conditions of Provision of Goods and Services;
-“Customer” means a person, firm or corporation jointly and severally if there is more than one, acquiring goods or services from One Click Technology Solutions;
-“Goods” means goods supplied by One Click Technology Solutions to the Customer;
-“On-Call Service” means One Click Technology Solutions standard on-site service;
-“Services” means services supplied by One Click Technology Solutions to the Customer; and “One Click Technology Solutions” means the trading name of One Click Technology Solutions (ABN 41 326 164 810)
BASIS OF CONTRACT
Unless otherwise agreed by One Click Technology Solutions in writing, these Conditions
apply exclusively to every agreement for the sale of goods and services by
One Click Technology Solutions to the Customer and cannot be varied or supplanted by any other
conditions without the prior written consent of One Click Technology Solutions.
Any written quotation written by One Click Technology Solutions to the customer concerning
the proposed supply of goods or services is valid for 7 days and is an invitation only to the Customer to place an order based on the quotation. The conditions may include the additional terms in One Click Technology Solutions quotation which are not inconsistent with the Conditions.
PERFORMANCE OF CONTRACT
Any period or date for delivery of goods and provision of services stated by One Click Technology Solutions is intended as an estimate only and is not a contractual commitment.
One Click Technology Solutions will use its best reasonable endeavours to meet any estimated dates for delivery of the goods or completion of the services.
One Click Technology Solutions may be required to make more than one visit to client’s premises to correctly diagnose any problem. If more than one visit is required, any visit after the first will be chargeable.
The decision as to whether a solution has been diagnosed is in the reasonable discretion of One Click Technology Solutions.
If Customer requests onsite service and no problem is fond or reproduced, Customer shall be billed at the current applicable rates.
Hardware/System Support – Service Provider shall provide support of all hardware and systems under Service Agreement provided that all Hardware is covered under a currently active Vendor Support Contract; or replaceable parts be readily available, and all Software be Genuine, Currently Licensed and Vendor-Supported. Should any hardware or systems fail to meet these provisions, they will be excluded from this Service Agreement. Should 3rd Party Vendor Support Charge be required in order to resolve any issues, these will be passed onto the Client after first receiving the Client’s authorisation to incur them.
Attempted recovery from damages caused by virus infection not detected and quarantined by the latest Antivirus definitions is covered under the terms of this Agreement. This Service is limited to those systems protected with a currently licensed, Vendor-supported Antivirus solution.
Monitoring Services – Service Provider will provide ongoing monitoring and security services of all critical services of all critical devise as indicated in Appendix B. Service Provider will provide monthly reports as well as document critical alerts, scans and event resolutions to Client. Should a problem be discovered during monitoring, Service Provider shall make every attempt to rectify the condition in a timely manner through remote means.
NETWORK HEALTH ASSESSMENT
Network Health Assessment is designed to provide a picture of Customers
current Network and PC Health. IT Support and Service is not included under this Agreement.
One Click Technology Solutions Warranties
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.
This warrantee 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
which they were intended;
(c) the goods were repaired, modified or altered by any person other
than One Click Technology Solutions;
(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
One Click Technology Solutions or the manufacturer;
(g) the Customer is in breach of the Conditions;
(h) the Customer has altered the hardware or software configuration of
the Customer’s computer after the completion of the services; or
(i) the Customer has terminated the services of One Click Technology Solutions before, in the
reasonable opinion of One Click Technology Solutions, the services have been completed.
In no event shall One Click Technology Solutions be held liable for indirect, special,
incidental or consequential damages arising out of service provided hereunder,
including but not limited to loss of profit or revenue, loss of use of
equipment, lost data, costs of substitute equipment, or other costs.
Replacement or repair of the goods or resupply of the services is the
absolute limit of One Click Technology Solutions’ liability howsoever arising under or in
connection with the description, quality, condition, performance, assembly,
manufacture, design, merchantability or fitness for the purpose of the goods or
services or alternatively the sale, use of, storage or any other dealings with
the goods or services by the Customer or any third party.
Any replacement of parts under warranty will be carried out at the premises
nominated by One Click Technology Solutions. The cost and risk of transport of any defective part
to the nominated premises is the responsibility of the Customer.
One Click Technology Solutions 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.
One Click Technology Solutions will not be liable for any loss or damage suffered by the
Customer where One Click Technology Solutions has failed to meet any delivery date or cancels or
suspends the supply of goods or services.
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.
COPYRIGHT IN SOFTWARE
One Click Technology Solutions will not be responsible to the customer or any third
party for any breach of any software licence in respect to software provided to
One Click Technology Solutions by the Customer to be installed on a Customer’s computer.
The Customer hereby indemnifies One Click Technology Solutions against any loss, damage,
costs, harm or other expense whatsoever arising either directly or indirectly
as a result of One Click Technology Solutions installing software at the request of the Customer.
FEES AND PAYMENT SCHEDULE
Payment of Goods and Services must be made by cash, cheque or EFT on or prior to the completion of the provision of goods and services.
Fees will be invoiced to Customer upon job completion as once off service charge or if customer requires ongoing service support we will invoice the customer on a monthly basis, and will continue to be invoiced on the first day of each month.
If Customer on Service Agreement, fees will continue to be invoiced on the first day of each month and due and payable on the 15th of each month.
Services will be suspended if payment not received within 10 days following the due date.
The charges for On-Call service are (all charges listed are exclusive of 10% GST):(a) for Standard Service, $110 per hour, with a minimum charge of $110. (b) for Same-Day Service, $150 for first hour, and Standard service rates thereafter, with a minimum charge of $150.
After the minimum charge of $110 One Click Technology Solutions visits are charged in half hour units. Any part thereof is chargeable at the same rate as a full half hour.
If the Customer chooses to terminate a One Click Technology Solutions Service Agreement then the cancellation fee will be one month’s charge of the Agreement.
All goods supplied by One Click Technology Solutions are charged separately from the Service Agreement.
It is understood that any Federal or State taxes applicable (including GST) shall be added to each invoice for services or materials rendered.
If the customer defaults on payment by the due date of any amount
payable to One Click Technology Solutions, or if any cheque drawn by the Customer is dishonoured,
then all money that would become payable by the Customer to One Click Technology Solutions at a
later date on any account, becomes immediately due and payable without the
requirement of any notice to the Customer, and One Click Technology Solutions may,
without prejudice of any other remedy available to it:-(a) charge the Customer interest on any sum due at the 15 per cent per
annum for the period from the due date until the date of payment in full;(b) charge the Customer for all reasonable expenses and costs (including legal costs) incurred by One Click Technology Solutions as a result of the Customers default in
payment;(c) cease or suspend for such period as One Click Technology Solutions thinks fit, supply
of any further goods or services to the Customer;
(d) by notice in writing to the customer, terminate any contract with
the customer so far as unperformed by One Click Technology Solutions;
without effect on the accrued rights of One Click Technology Solutions under any contract.
Clauses 4.1(c) and 4.1(d) may also be relied upon, at the option of
One Click Technology Solutions:(a) where the Customer is an individual and becomes bankrupt or enters into any scheme of arrangement or any assignment of composition with or for the benefit of his or her creditors or any class of his or her creditors generally;
or(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, administrator, receiver or receiver and manager appointed, or any action is taken, or with the view to, the liquidation (including provisional liquidation), winding up or dissolution without winding
up of the Customer.
PASSING OF PROPERTY
Until full payment in cleared funds is received by One Click Technology Solutions for
all goods supplied by us to the Customer, as well as other amounts owing to
One Click Technology Solutions by the customer:-(a) title and property in all goods remain vested in One Click Technology Solutions and do
not pass to the Customer;(b) the Customer must keep the goods separate from its goods and
maintain the labelling and packaging of the goods;(c) One Click Technology Solutions may without notice, enter any premises where it suspects goods may be and remove them, notwithstanding that they may have been attached to other goods not the property of One Click Technology Solutions, and for this purpose the Customer irrevocably licences One Click Technology Solutions to enter such premises and also indemnifies One Click Technology Solutions from and against all costs, claims, demands or actions
by any party arising from such action.
The risk in the goods and all the 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
If, through circumstances beyond the control of One Click Technology Solutions, One Click Technology Solutions is unable to effect delivery or provision of goods or services, then One Click Technology Solutions may cancel the Customer’s order (even if it has already been accepted) by notice in writing to the Customer.
Signed Agreements may be terminated by the Customer upon sixty (60) days written notice if the Service Provider:(a) Fails to fulfil in any material aspect its obligations under the Agreement and does not cure such failure within thirty (30) days receipt of such written notice.(b) Terminates or suspends is business operations, unless it is succeeded by a permitted assignee.
Signed Agreements may be terminated by One Click Technology Solutions upon sixty (60) day written notice to the Customer.
If either party terminated the Agreement, One Click Technology Solutions will assist Customer in the orderly termination of services, including timely transfer of the services to another designated provider. Customer agrees to pay One Click Technology Solutions to pay Service Provider actual costs of rendering such assistance.