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Terms And Conditions

 
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1. General

1.1 Throughout any Agreement, “Computech” shall mean Computech Services  (ABN 54 635 938 525)
1.2 Once an application has been processed and accepted by Computech, Computech will supply and the Customer agrees to acquire the Service(s) (“Service(s)”) specified in the Schedule(s), on these terms and conditions. To the extent of any inconsistency between these terms and conditions, and any Service(s) Schedule(s), these terms and conditions will prevail. By accepting the supply of Service(s), the Customer accepts these terms and conditions.
1.3 The Customer acknowledges that the terms and conditions of this Agreement, including any fees, rates and charges, may be varied from time to time by notification, and without notification if the variation arises because of a change in law or the regulatory environment. Computech notify changes via the web site located at http://www.Computechsa.com.au/policy/terms_and_conditions.html and do not send individual customers notification via email or via post.
1.4 The Customer agrees to provide relevant details and sign any necessary forms or other documents relevant to a(the) Service(s) it has selected, including any documents necessary to effect a transfer of Service(s) to Computech, and the Customer authorises Computech to complete any necessary forms on its behalf.
1.5 Computech shall use reasonable endeavours to provide the Service(s), but it shall not be liable if it is prevented, hindered or delayed from providing the Service(s) for any reason whatsoever.
1.8 The Customer agrees that it will not resell or re-supply any of the Service(s) unless it has prior written approval from an authorised Computech representative.
1.9 Use of the service by the customer will comply with the conditions outlined in the Computech Acceptable Use Policy as modified from time to time. the Computech Acceptable use policy comprises an integral part of this agreement and may be found here: http://www.Computechsa.com.au/policy/aup.html
1.10 No user may use any aspect of the Computech services to display or communicate content that contravenes any State, Territory or Commonwealth law.
1.11 Where the Computech services are used to display content that is considered unsuitable for children, according to the classification act, customers must use appropriate warning or labeling.
1.12 Client will have the ability to reinstate files which are automatically archived by Computech; however, Computech does not guarantee the existence, accuracy, or regularity of its backup services on Virtual Servers and, therefore, Client is responsible for making back-up files in connection with its use of the Services. On Dedicated Servers, we will install the backup script for our clients, but the running of cron jobs and services is the responsibility of the server owner.
1.13 Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at Computech, or otherwise, that mentions or reference any domain hosted on Computech servers or parked on Computech DNS servers. NOTE: THIS POLICY APPLIES TO ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER. (Violators will be fined! Refer to our UCE (SPAM) Policy).
1.14 Client agrees to use only properly licensed third party software in connection with Client's use of the Services
1.15 Customer agree`s that use of service supplied by Computech is a acceptance of Computech`s Terms and Conditions.

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2. Charges and Billing

2.1 Computech shall either (i) debit Client's credit card (where such information is provided by Client) or (ii) deliver by e-mail an invoice to Client in accordance with the applicable Services fees for Computer Service, Dialup or hosting services rendered for the current month. Domain name registration fees must be paid up front via credit card only. Where an invoice is delivered to Client, Client shall remit payment to Computech by no later than 10 days after the specified payment due date. Computech shall be entitled to immediately terminate  this Agreement for Client's failure to make timely payments to Computech. Certain services carry a set-up fee charged by Computech to Client that must be paid by Client in order to have use of the Services. If Client terminates this Agreement in accordance with Section 5 hereunder, Client shall be responsible for any outstanding fees owed to Computech and agrees to pay any and all fees incurred by Client. Because the Services are provided on a monthly basis, unless a contract is in place, Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has retained the Services for one (1) year and has pre-paid Computech for such Services, refunds will be issued for any unused full month month portions less one month of the Services upon Clients request. Therefore, if Client's account is cancelled at any point during the one (1) year term, Client will be entitled to a refund for all but one of the full months remaining after notice given by the 20th of the preceding month.
2.2 The Customer must pay to Computech the charges for the Service(s) plus any applicable GST. The charges for the Service(s) are:
  (a) the fees, rates and charges that are set out in the relevant Service(s) Schedule(s) (Application and other applicable documents) and as otherwise notified to the Customer from time to time; or
  (b) if no charges are set out in the relevant Service(s) Schedule, Computech's standard corporate fees, rates and charges applicable at the time of supply of the relevant Service(s).
  (c) if the customer moves addresses or changes telephone number, either within or after the initial service period, the customer must notify of new details.
2.3 The Customer agrees that, where security is required, it will provide security to Computech within the requested time and if it fails to do so the Service(s) may be immediately suspended and/or disconnected. If a Service(s) is disconnected, a reconnection fee may apply.
2.4 Electronic copy invoices for Access and Installation Service(s) will generally be issued monthly on the first working day of each month. However Computech will debit the customer’s account/credit card on the following bases:
  (b) Balance of first month’s access debited The pro rata charge for the first month will be from the activation date.
  (c) Subsequent month’s access are currently debited one month in advance on, or around, the 1st working day of each month for that month. This date may change if Computech  changes the dates they bill and 30days notice .
  (d) Any excess usage charges are debited on, or around, the 1st of month following the month in which the excess was incurred
2.5 The Customer agrees that Computech’s records are prima face evidence of the Customer’s use of the Service(s) and the charges payable.
2.6 The Customer agrees to receive or view its bills electronically and it acknowledges that the electronic delivery of its bills constitutes notification of the charges contained in those bills and the due date payable and that Computech will not issue a paper copy of those bills.
2.7 The Customer may elect to have its bills paid by direct debit from a valid credit card. Computech may charge the Customer a sum of up to $25.00 if the credit card or bank account nominated by the Customer refuses the charge when applied for by Computech on the agreed debit dates. Computech will charge a minimum of $1.10 for card reprocessing and a further $1.10 per transaction failure.
2.8 Any payment not received by the 14th of the month will be assessed a late fee of one and one-half percent (1 1/2%) per month or the highest rate allowed by applicable law, whichever is lower, with minimum of a $5.50 fee. Customer also shall pay to Computech all expenses incurred by Computech in exercising any of its rights under this Agreement or applicable law with respect to a Payment Default or other breach by Customer, including, but not limited to, reasonable attorneys' fees and the fees of any collection agency retained by Computech.
2.9 In the event the Customer's nominated credit card or bank account defaults on any debit then Computech may suspend the service until such time as all outstanding charges are paid by the Customer.
2.10 Where the customer pays monthly access charges using a credit card Computech will impose a surcharge. Currently the credit card surcharge is 2% per monthly access .
2.11 Computech bills  services one month in advance. In the event that a user transfers away or cancels their Computech service no rebate is given for the unused days unless correct notice has been made.
2.12 Customer agrees to pay all charges and a $30 account fee if a false claim and charge back has been applied to Computech from the clients bank where service was supplied.

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3. Liability

3.1 The parties agree that in no event shall Computech be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Computech from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder

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4. Use and disclosure of Information

4.1 The Customer authorises Computech and its related bodies corporate to use and exchange Customer information before, during and after the provision of any credit to the Customer with any of their agents and any credit reporting agency credit providers, carriers, Customer’s business references in accordance with the relevant State and Federal acts for the following purposes:
  (a) considering or applying Computech’s credit policy to the Customer’s application;
  (b) ongoing credit management of Customer account(s) with Computech or any of its related bodies corporate, including recovery of Customer overdue payments;
  (c) ongoing maintenance of credit records about the Customer;
  (d) to enable Service(s) delivery to the Customer; and
  (e) any other purposes permitted under the Telecommunications Act 1984.
4.2 The customer agrees that information referred to in Clause 4.1 includes:
  (a) details and status of any of the Customer accounts with Computech or its related bodies corporate;
  (b) identification of Customer Service(s) numbers, whether withheld or not, as required by any applicable law;
  (c) Customer credit history, including whether the Customer has made credit defaults, dishonoured debits or credit infringements;
  (d) Information about Customer creditworthiness or capacity.
4.3 “Customer” in this clause is defined to include any director of the Customer submitting this form. Any director submitting this Agreement acknowledges that Computech may do a credit check on him or her in their personal capacity.
4.4 Where the Customer is in default of payment to Computech the Customer agrees that Computech or its agents may utilise any information collected and recorded by Computech or its related bodies corporate in relation to the Customer’s account to assist Computech in the process of debt recovery and may use debt collection agencies for that purpose.
4.5 Calls made to or from Computech’s Customer Service Centre(s) may be recorded for customer service training, improvement programs and verification purposes.
4.6 Computech may obtain an alternative provider to provide Service(s) to the Customer. The Customer agrees to the assignment of Computech’s rights under this Agreement to that alternative provider; and irrevocably authorises Computech to execute on the Customer’s behalf any documents necessary to give effect to that transfer.
4.7 The Customer should keep confidential all passwords it nominates in connection with the Service(s). The Customer acknowledges that Computech will disclose any information in connection with the Customer’s accounts to any person who correctly quotes the passwords.
4.8 Computech excludes all warranties concerning privacy of customer information in the case of an error made by an Computech Pty Ltd employee in carrying out their operational duties or in the case of deliberate fraud on the part of an employee of Computech Pty Ltd

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5. Termination

5.1 After the initial contract period ends Computech may terminate, or vary, this Agreement at any time by giving the Customer twenty one days written notice of its intention to do so. Written notice will be via an email to the email address nominated by the customer on their application or as subsequently varied by the customer using the function provided for this purpose in the Computech User Facilities.
5.2 Computech may terminate this Agreement immediately on notice to the Customer, if the Customer;
  (a) breaches any clause of this Agreement and the breach is not remedied within 7 days of the receipt of email notice from Computech; or
  (b) has a liquidator appointed, has an order made for its winding up, or has an administrator or a receiver appointed over all or a portion of its assets.
5.3 The Customer may terminate this Agreement at any end of month date following the date that the initial contract period ends by using the on line function in the Computech User Facilities or in writing by mail or email using the Computech account email address only and authorised by the nominated account holder of the service. If the customer fails to process the cancellation of their service in this way they will continue to be billed via the direct debiting of their nominated bank account or credit card.
5.4  
5.5 The Customer will remain liable for all charges incurred by the Customer prior to termination of this Agreement for whatever reason.
5.6

Before losing access to the Computech User Facilities the Customer is required to print all previous invoices they may need for tax or other purposes before closing their account. Once the account is closed invoices will no longer be available to the Customer and should the Customer subsequently require a copy of any invoice a considerable delay and charges for providing them will occur.

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6. Governing Law and Entire Agreement

6.1 Unless the parties otherwise agree, this Agreement will also apply to any other Service(s) acquired by the Customer from Computech in the future. If the Customer wishes to acquire additional Service(s), the parties will negotiate and attach an additional Service(s) Schedule to this Agreement.
6.2 These terms plus the terms of the chosen Service(s) constitute the entire Agreement between the Customer and Computech in relation to Service(s). Any condition, warranty, representation or other term which might otherwise be implied into or incorporated into these terms and conditions, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded. Neither party shall have any remedy in respect of any untrue statement made to it upon which it relied in entering into this Agreement (unless such untrue statement was made fraudulently) and each party’s only remedy shall be for breach of contract as provided in this Agreement.
6.3 The Customer must not assign any of its rights or obligations under this Agreement without Computech’s consent.
6.4 Any notice under this Agreement whether required to be written or otherwise may be given by Computech to the Customer by posting on this web site or via an email to the email address nominated by the customer in the Computech ADSL User Facilities..
6.5 These terms are governed by the laws of New South Wales.
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