ITSWITCH PTY LTD (ACN 128 098 500)
- Ownership in any hardware or software (the Goods) sold to the Customer remains with ITswitch until paid for in full. Until paid the Customer holds the Goods as fiduciary bailee and the Goods shall not form part of any other equipment owned by the Customer.
- Any quotation given for the supply of Goods remains valid for 30 days only.Any services to be rendered by ITswitch shall be charged for unless a fixed quotation is provided to the Customer. While ITswitch will use its best endeavours to complete the task within the shortest time possible, any indication as to the time to be taken in completing any task shall be an estimation only. ITswitch will not under any circumstances be liable for loss or damages whether direct or consequential for failure to complete any task within the estimated time.
- ITswitch shall not under any circumstances be liable to the Customer for any direct or consequential loss or damages and the Customer shall not be entitled to make any claim against ITswitch due to:
- A. The supply of damaged or defective Goods;
- B. The failure of the Goods;
- C. The rendering of ITswitch’s services;
- D. Any of the matters set out in paragraph 9 hereunder.
- The liability of ITswitch shall at all times be limited to one of the following determined by ITswitch namely:
- A. In the case of supply of Goods;
- B. To the replacement of Goods or the supply of equivalent Goods; or
- C. The repair of the Goods; and
- D. In the case of service;
- E. The supply of the services again; or
- F. The cost of obtaining the service to be supplied again.
- The customer hereby acknowledges and agrees that ITswitch shall have a lien over all Customers’ equipment in its possession belonging to the Customer to secure payment of any or all amounts outstanding from time to time.
- In the event of any increase in any costs of material, components, accessories, labour, insurance, freight, rail age, delivery, duties and rates if exchange between the date on which the contract is entered into and the date of delivery of the Goods to the Customer, the contract price shall be increased accordingly.
- In the event of payment not being made within 7 days of the date of this invoice, ITswitch shall be entitled to charge a late payment fee of 2% of the total amount or $44 per month (whichever is greater) compounding monthly, from the due date of the payment. Failure to remit payment within this time may result in your account being referred to Dun & Bradstreet for collection purposes. All costs and expenses incurred in recovering any amount owed will be added to the debt including collections, solicitors and legal costs. I/We also agree that ITswitch Pty Ltd may give information about me/us to any credit reporting agency to obtain a consumer/commercial credit report about me/us or to allow a credit reporting agency to create or maintain a credit information file containing information about me/us, listing defaults and exchanging information with other credit providers (under section 18(E)(1) and 18(K) of the Privacy Act 1988).
- ITswitch shall not be liable or responsible whether directly or consequently following the supply of services or Goods, for:
- A. Any data loss suffered by the Customer;
- B. Any conflict between the Goods supplied and the Customer’s existing equipment;
- C. Any security breaches, internal or external;
- D. Lack of compatibility between the Goods and the Customers existing equipment;
- E. The support of third party applications, or any hardware or software installed by ITswitch;
- F. The functionality of hardware and software except as provided in 5 above;
- G. Data loss or corruption to the Goods or the Customer’s equipment due to viruses irrespective of whether or not antivirus software was installed;
- H. Backup of data or update of antivirus software.
