Terms and Conditions
These Terms and Conditions (the “Terms and Conditions”) are applicable to all Interakt IT Pty Ltd (“Interakt IT”) services and products. These Terms and Conditions are subject to change without notice.
- Introduction
Purchase of goods and services from Interakt IT are subject to the following terms and conditions. By purchasing or receiving goods or services from Interakt IT, you accept the following terms and conditions, without limitation or qualification.
- Services and Products
2.1 Unless otherwise agreed by Interakt IT in writing, these Conditions apply exclusively to every contract for the sale of goods or services by Interakt IT to the Customer and cannot be varied or supplanted by any other conditions without the prior written consent of Interakt IT.
2.2 Any written quotation provided by Interakt IT to the Customer concerning the proposed supply of goods or provision of services is valid for 14 days unless otherwise specifically stated and is an invitation only to the Customer to place an order based upon that quotation. A quotation may include additional terms and conditions and may include overrides or negations of a general Condition.
- Charges and Payments
3.1 All stated rates and charges exclude GST unless otherwise specifically stated. All prices are quoted in Australian dollars.
3.2 Unless otherwise stated, arranged or agreed, all quoted prices are subject to change without notice.
3.3 Payment for services must be made by cash, cheque or direct deposit as per the credit account terms. Payment for goods (hardware/software) must be made prior to the provision of the goods unless specifically agreed to by Interakt IT. If any agreement is silent with respect to payment terms, then those payment terms default to Interakt IT’s standard 31 days from the date of invoice (end of next month).
3.4 Interakt IT will provide the Customer with a correctly rendered Tax Invoice that clearly identifies the goods or service for which the charge has been incurred. Interakt IT provides all the information necessary for clients to make informed decisions regarding their IT network and infrastructure. No work is done unless a job request is received or Managed Service arrangements are made.
3.5 All Interakt IT visits are chargeable and are charged in 15 minute units. Any part thereof is chargeable at the same rate as a full 15 minute block.
3.6 All goods supplied by Interakt IT are charged separately from the services.
3.7 Where there is any change in the costs incurred by Interakt IT in relation to the goods or services, Interakt IT may vary its price for goods or services on order to take account of any such change, without giving notice to the Customer.
3.8 A call-out fee is applied for all on-site services unless specifically agreed to by Interakt IT. For customers outside of the greater Brisbane area, a higher call-out fee may apply.
3.9 Agreed Managed IT / Preventative Maintenance agreement costs are to be paid with the agreed payment terms. Managed IT / Preventative maintenance agreements allow Interakt IT to access systems remotely anytime and book onsite appointments.
3.10 If the Customer defaults in payment by the due date of any amount payable to Interakt IT, or if any cheque drawn by the Customer is dishonoured, then all money which would become payable by the Customer to Interakt IT at a later date on any account, becomes immediately due and payable without the requirement of any notice to the Customer, and Interakt IT may, without prejudice to any other remedy available to it:-
(a) charge the Customer for all expenses and costs (including legal costs on a solicitor/own client basis and dishonoured cheque fees) incurred by it resulting from the default and in taking whatever action it deems appropriate to recover any sum due;
(b) cease or suspend for such period as Interakt IT thinks fit, supply of any further goods or services to the Customer;
(c) by notice in writing to the Customer, terminate any contract with the Customer so far as unperformed by Interakt IT; without effect on the accrued rights of Interakt IT under any contract.
3.11 Clauses 3.10(c) may also be relied upon, at the option of Interakt IT:
(a) where the Customer is an individual and becomes bankrupt or enters into any scheme of arrangement or any assignment or 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 for, or with the view to, the liquidation (including provisional liquidation), winding up or dissolution without winding up of the Customer.
- Hardware /Software
To the extent that the service is for the sale and supply of hardware or software:
4.1 The risk of loss of or damage to the hardware or software or data passes to the customer on delivery. Your obligation to insure hardware commences when risk passes to you.
4.2 We remain the legal and beneficial owner of all hardware/software sold by us to you until all amounts due in respect of all hardware/software, actually or contingently presently or in future, have been paid to us in cleared funds. This applies even if you install the hardware or integrate it with other goods.
4.3 Interakt IT does not provide a warranty for goods. The hardware manufacturer’s warranty is assigned to the customer, it is the only warranty given in relation to the hardware, to the extent permitted by law. The customer assumes responsibility for any warranty claim or procedure or re-setup costs.
- Liability
5.1 Except as specifically set out herein, any terms, condition or warranty in respect of the quality, suitability for purpose, condition, description, assembly, manufacture, design or performance of the goods or services, whether implied by statute, common law, trade usage, custom or otherwise, is hereby expressly excluded.
5.2 Once goods, a service or solution has been put in place and tested to be working correctly, liability and responsibility for the goods, service or solution passes to the customer. Replacement, repair of the goods or re-supply of the services is at the discretion of Interakt IT and is the absolute limit of Interakt IT’s liability howsoever arising under or in connection with the description, quality, condition, performance, assembly, manufacture, design, merchantability or fitness for purpose of the goods or services or alternatively the sale, use of, storage or any other dealings with the goods or service by the Customer or any third party.
5.3 Interakt IT is not liable for any program or data loss or damage by any Customer arising directly or indirectly from the provision of the goods or services.
5.4 Any replacement of parts under warranty will be carried out at the premises nominated by Interakt IT. The cost and risk of transport of any defective part to the nominated premises is the responsibility of the Customer. The cost of labour services is the responsibility of the customer.
5.5 Interakt IT 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.
5.6 Interakt IT will not be liable for any loss or damage suffered by the Customer where Interakt IT has failed to meet any delivery date or cancels or suspends the supply of goods or services.
5.7 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.
- Termination/Cancellation of services
6.1 If, through circumstances beyond the control of Interakt IT, Interakt IT is unable to effect delivery or provision of goods or services, then Interakt IT may cancel the Customer’s order (even if it has already been accepted) by notice in writing to the Customer. If the Customer gives less than 2 hours notice to Interakt IT to cancel any request for service, then Interakt IT may charge a cancellation fee of at least the full quoted call out fee for the loss and damage caused.
6.2 Cancellation of an order placed by Interakt IT with a third party supplier, manufacturer, wholesaler or subcontractor may not be able to be cancelled and will be subject to any restocking fee charged by the supplier and may be subject to charges for costs incurred by Interakt IT as a result of ordering or subsequently canceling the order.
6.3 Either party may terminate a whole or individual agreement or contract immediately where the other party:
(a) Commits a material breach of the agreement or contract which is not capable of being remedied;
(b) Fails to remedy a material breach of an agreement which is capable of being remedied within 60 days of receipt of a written notice specifying such breach; or
(c) Commits an act of insolvency, comes under any form of insolvency administration or assigns its rights otherwise than in accordance with the agreement.
6.4 On termination of an agreement any accrued rights and remedies of each party remain unaffected.
6.5 The IT services agreement can be cancelled anytime with 30 days notice by either the client or Interakt
- Managed Cloud Hosted Services and Payment
7.1 Interakt acts on behalf of the customer in the procurement of cloud services. Interakt IT refers to multiple Cloud Service Providers and acts on the customers behalf to find the appropriate solution and or solution provider and to provide advice and guidance to the Service providers terms and conditions. Interakt IT provides a management of the customer’s Cloud Service and cannot be held not responsible for the cloud based service provider’s hardware systems or performance. Interakt may provide the customer with the nominated Cloud Services Provider’s Terms & Conditions, and other relevant policies.
7.2 All Cloud Services are to be paid by the customer direct to the provider. If the cloud providers cost is included on the total managed services agreement the all Cloud services are to be paid for by direct debit to the customer’s Credit Card. These payments will be processed monthly and will be for the services provided the previous month. If the Credit Card is declined, Interakt may:
(a) charge the Customer for all expenses and costs (including legal costs on a solicitor/own client basis and dishonour bank fees) incurred by it resulting from the default and in taking whatever action it deems appropriate to recover any sum due;
(b) cease or suspend Cloud Services;
(c) by notice in writing to the Customer, terminate any contract with the Customer.
7.3 All customers of Interakt IT Services agree to indemnify, waive and hold Interakt IT, its officers, directors, shareholders, employees, agents, subsidiaries and affiliates harmless from any and all claims and expenses related to the Cloud Service Providers infrastructure or performance.
7.4 Interakt IT will pass on any unexpected incurred costs from Cloud or Service providers. Interakt IT makes every reasonable attempt to minimize cost variations
- Confidentiality.
8.1 A party must not use or disclose the other party’s confidential information without prior written approval.
8.2 Each party must take all reasonable steps to ensure that its employees and agents do not use or disclose the other party’s confidential information.
8.3 This clause survives termination of this agreement.
8.4 ‘Confidential information’ means all information treated by the owning party (‘discloser’) as confidential and:
8.4.1 provided to the other party (‘recipient’); or
8.4.2 of which the recipient becomes aware – except information that:
(a) the recipient creates or lawfully obtains independently of the discloser; or
(b) is public knowledge (otherwise than as a result of a breach of confidentiality by the recipient).
- Privacy
9.1 The customer grants approval for Interakt IT to store private information pertaining to IT infrastructure, passwords, setup and security.
9.2 Interakt IT only collects information that is necessary for the provision of IT services to its customers.
9.3 All customer information is kept on a secure server, accessible only by Interakt IT support technicians.
- Operating hours
10.1 Interakt IT’s standard operating hours are 8.30am to 5.00pm Monday to Friday.
10.2 After hours support is charged at $250per hour with a minimum charge of 1 hour.