AUSBIZLINKS
TERMS AND CONDITIONS
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Interpretation – The word ‘Seller’ in these Conditions shall be deemed to refer to “Ausbizlinks”, and the term “Customer” shall be deemed to refer to the person offering to contract on the terms of the order.
Availability – Any statement or agreement by the Seller is contingent on its ability to secure the goods and/or the material for the establishment and supply of the services that form the basis of the subject of such agreement or statement.
Alterations to Order – Orders cannot be altered, varied or modified, once confirmed, without written consent of the Seller and then upon such further terms and conditions as shall be specified by the Seller. It is at the Seller’s absolute discretion as to whether additional charges will apply to such approved changes.
Prices – The prices quoted are subject to variation to include the increase in cost of materials by the Seller at any time prior to the date of delivery unless the order shall be endorsed by the Seller to the effect that the price is to be fixed and not subject to variation.
Payment – The Customer shall pay the total purchase price (including GST) within the time frame specified on the invoice. For services where payment is split over a period, each invoice is to be paid under the terms as specified on that invoice.
Pre-Payment for Personalised services – The Customer shall pay 50% of the total purchase price (including GST) upon confirming their order.
Delivery – The estimated time of delivery for orders will be advised at the time of commencement. This is an estimate only of when services may be completed and the Seller shall not be liable in any way for failure to deliver within the stated time, unless such stated time forms a part of the original agreement and was implicit in terms of acceptance by both Seller and Customer. Where delays are caused by the Customer the Seller reserves the right to demand final payment for the service(s) – even though said services may not have been fully completed. Such demands from the Seller shall only be made where delays are in excess of 60 days of original completion date projections.
Materials – The Customer warrants that all materials provided to the Seller are legally acceptable and that copyright rests with the Customer for the Seller to use said materials for delivery of the Customer’s service(s). Further, the Customer warrants that any disputes arising from third parties in relation to copyrighted materials they provide to the Seller are to be handled by the Customer who is liable for all costs associated with such disputes.
Agreement – This order and its acceptance shall be deemed to constitute the entire agreement between the parties and to the extent permitted by law, all terms, conditions and warranties express or implied are expressly excluded.
Cancellation – Customer orders, once approval to proceed has been received, are subject to cancellation fees. For all services (excluding webhosting) this fee is the equivalent of 50% of the total price quoted for the service. Where work on delivery of the service has already commenced then cancellation fees will be 100% of the value of the service unless previously agreed otherwise and confirmed by the Seller in writing. Cancellation of webhosting services require 30 days cancellation notice, in writing,
Refund – If the services supplied are not as described or if delivery of said services is delayed for longer than 30 days, the customer is entitled to a full refund of purchase price for said services. Provided such delays are the fault of the Supplier.
Title – Property and ownership in the services and their results will not pass to the Customer but will remain in Ausbizlinks until payment in full of the purchase price of the services is made. Copies of any data relating to the services provided to the Customer are kept purely for record keeping requirements. It is the Customer’s responsibility to ensure that they maintain copies of such data as they require for the ongoing operation of their business.
Debt collection costs – Any expenses, costs or disbursements incurred by the Seller in recovering outstanding monies owed by the Customer to the Seller under this Agreement, including debt collection agency fees and solicitors costs, shall be paid by the Customer to the Seller when demanded by the Seller on an indemnity basis.
Interest is payable by the Customer to the Seller on any outstanding monies owed by the Customer to the Seller under this Agreement in accordance with the applicable rate of interest of the Supreme Court of Queensland at the time of the making of the order.
Disputes – Any disputes between the Seller and Customer will be dealt with under the laws and jurisdiction of Queensland, Australia.
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