TERMS AND CONDITIONS
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 obtaining services from the “Seller
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. The Seller's services are available based on a 5 day working week (Monday through Friday), 12 hours per day (7am-7pm). Customers acknowledge that instant & immediate access during these times may not always be possible.
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 goods and/or the 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 if applicable) within the time frame specified on the invoice or service delivery confirmation. 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, (where applicable) upon confirming their order.
Reasonable Use – Where services are offered on an "Unlimited" basis, reasonable use shall apply. At the Seller's sole discretion a Customer may have such privileges withdrawn if the Seller believes that the Customer's use of the service is not reasonable. For example; with 1:1 personal Skype calls (& other direct forms of communication) it is reasonable for a Customer to make use of the service several times a week. It is not reasonable to make use of said services several times each day.
Personal Communication- At the discretion of the Seller, the medium for personal communication will be either a Skype voice call, Skype online text chat, telephone call or personal meeting. Such calls will be arranged at times that are mutually convenient for both Seller & Customer & must always be pre-booked via email or the Seller's Help Desk.
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 estimates.
The Customer acknowledges that the Seller relies upon the Internet as a platform for all services delivered & will not hold the Seller responsible for any delays or interruptions to services that are a result of disruption to the internet.
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 & ongoing support/membership programs require 30 days cancellation notice, in advance & 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. Refunds of part subscription/support/membership programs are not permissible – except where the seller agrees in writing to process same.
Title – Property and ownership in the services and their results will not pass to the Customer but will remain with 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.
Overdue accounts – Any account that is more than 7 days overdue will be subject to an overdue payment fee of $15.00 per calendar month. Should an account remain overdue for longer than 30 days the Seller reserves the right to suspend all services until the account is brought up to date. Suspended accounts will incur an additional fee of $20.00 to reactivate the service.
- Debt collection costs – Should any account remain overdue for more than 45 days the Seller reserves the right to initiate recovery proceedings without further notice to the Customer. 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.
- Where payment of the customer’s account was originally agreed as being through a Trade organisation (such as Bartercard or BBX) & the account has remained overdue for longer than 45 days, payment will no longer be accepted in Trade but must be settled, in full, by cash payment.
Disputes – Any disputes between the Seller and Customer will be dealt with under the laws and jurisdiction of Queensland, Australia.