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Standard Terms and Conditions for the Supply of Internet Software, Graphics or
Services. |
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1 |
Terms and Variation |
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1.1 |
These are the standard terms and conditions (Terms) of DataSavvy Pty Ltd. Please
read these Terms carefully as they set out your rights and obligations when you
engage a service you must comply with these Terms. |
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1.2 |
Use of the Service constitutes unconditional acceptance of these Terms. |
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1.3 |
DataSavvy may modify these Terms and/or its Service offerings (by adding,
varying or withdrawing Services including as to pricing, composition or
operation), either by email to your nominated email address, or in its
newsletter or by general notice on the DataSavvy web site. It is your
responsibility to read email alerts, newsletters and check the web site for any
changes to terms and conditions. Any use of the Service after the date of the
email or publication will mean that you have accepted the modification/s. |
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1.4 |
Additional terms and conditions may also apply to specific Services. Any such
additional terms will be deemed incorporated into these Terms and will prevail
to the extent of any inconsistency. |
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2 |
Service |
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2.1 |
You may register for Service by direct communication with DataSavvy or one of
their agents; or by any other means offered by DataSavvy from time to time.
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2.2 |
You warrant that you are over the age of 18 years of age or if you are not over
the age of 18 you have obtained the consent of your parent, guardian or other
responsible adult before registering for the Service.
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2.3 |
You also warrant that all information you provide to DataSavvy is true and
correct. You must notify DataSavvy if any of your relevant details change.
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2.4 |
You, as account holder, are the only person authorized to request account
information, make account changes, or receive customer service or support.
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2.5 |
DataSavvy is not able to provide support for services or products not supplied
by DataSavvy.
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2.6 |
The Service provided is not fault free and relies on factors outside the control
of DataSavvy. The Service is provided to you by such means as DataSavvy decides
from time to time.
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2.7 |
External companies engaged by DataSavvy including but not limited to Printers,
couriers, data carrier are beyond the control of DataSavvy, while DataSavvy will
endeavor to facilitate these external parties, DataSavvy can make no guarantees
as to the reliability of the DataSavvy services. |
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2.8 |
Where you require additional services that fall outside the above listed scope
of works provided by DataSavvy, you will be responsible to negotiate the cost of
such work and will be charged by the third party installation company directly
for any such additional work.
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3 |
Charges |
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3.1 |
You must pay all charges (Charges) for the Service as stipulated by DataSavvy by
the designated due date on the invoice with any GST associated with the Service.
In particular you must pay all labour costs, plan fees, costs paid by DataSavvy
to external companies on your behalf and other amounts you incur (or your
designated users incur) or are incurred as a result of any use of your password
(whether authorised or not) and/or the Service. Charges may also include amounts
for any purchase made through any Service or any surcharges incurred while using
any supplementary networks or third party services. |
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3.2 |
You must pay for all Charges as directed by DataSavvy from time to time. Upon
registration of a credit card account, you give DataSavvy authorisation to
automatically debit your credit card and all subsequent cards issued in renewal
of that card for all charges, including after suspension or termination of your
Service for any reason whatsoever. |
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4 |
Outstanding Accounts |
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4.1 |
Dishonoured cheques will incur an administrative charge of AU$40. |
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4.2 |
In the event an account has not been settled in full by the specified date on
the second reminder notice, (inclusive of administrative fees) DataSavvy may
instigate financial collectors action. |
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4.3 |
DataSavvy may immediately terminate the provision of any or all Services if you
breach any terms. |
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4.4 |
Any expenses, costs or disbursements incurred by DataSavvy in recovering any
outstanding monies including debt collection, agency fees and solicitors costs
shall be paid by the client responsible for this account, providing that those
fees do not exceed the scale charges as charged by that debt collection
agency/solicitor and in any event the commission is not to exceed 18% of the
debt value, plus out of pocket expenses. |
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4.5 |
You consent to DataSavvy obtaining a credit reporting agency containing personal
information (as well as information concerning commercial creditworthiness and
activities) for the purpose of assessment by DataSavvy of an application for
credit (whether commercial or personal) and/or for the purpose of the collection
of DataSavvy payments which are overdue. In accordance with the Privacy Act
1988, DataSavvy may report to a credit reporting agency that you are in default
of the trading terms of these Terms and/or because it was necessary to hand over
the account to a collection agency to obtain payment. |
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5 |
Request for DataSavvy Native Graphic/Coding Files |
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5.1 |
The process of creating the 'finished graphic/coding product' for a client,
requires the construction of native and/or master graphic/coding files. These
files contain intellectual techniques and/or information. Whilst the 'finished
product' is the sole property of the client (upon full payment), the 'native
files' remain the property of DataSavvy. |
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5.2 |
For Industrial Confidentiality and Intellectual Propriety reasons, DataSavvy
native files cannot be accessed by any external company or contractor. |
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6 |
Important notes in the event native graphic files are released to clients |
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6.1 |
DataSavvy will make 'native graphic files' available only once. |
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6.2 |
Part of DataSavvy's duty of care to our clients is to maintain a thorough
storage and back-up procedure. Once confirmation of receipt of native graphic
files has been received from the client, DataSavvy will immediately delete said
native files and subsequent back-ups from our servers. |
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6.3 |
If said 'native graphic files' are amended internally by the client, who then
requests further works on same said graphic files, DataSavvy reserves the right
to refuse if the file quality has diminished due to a lack of best practice
procedure, else charges will apply to restore files to professional standards. |
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6.4 |
Charges may apply to digitally transport large file sizes. |
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7 |
Important notes in the event of non native file requests |
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7.1 |
DataSavvy will construct achievable ‘non-native’ graphic file requests on any
given request, standard hourly charges/rates will apply. |
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8 |
Taxes |
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8.1 |
All Charges are exclusive of GST unless otherwise noted. Where a Service is or
becomes subject to a GST or any other tax, duty or levy (“Tax”), and the Charges
are not already inclusive of the Tax, you authorize DataSavvy to charge you for
the Tax in addition to the Charges paid or payable in respect of the Service.
The Tax is payable at the same time the Charge for the Service is payable. |
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9 |
Customer Costs |
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9.1 |
In addition to all DataSavvy Charges, you must provide and pay for all
communication, connection and equipment charges necessary to use the Service
including telephone lines and all other equipment needed to access the Service
at your own cost. |
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10 |
Use of Service |
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10.1 |
DataSavvy will provide you with unique usernames and passwords which you agree
not to disclose to any third party. |
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You accept responsibility for all information and material you issue over any
Service, and indemnify DataSavvy against any liability in relation thereto. |
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10.2 |
You must not resell or attempt to resell the Service. |
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10.3 |
DataSavvy may monitor your account to ensure that you are complying with these
Terms. DataSavvy may investigate any alleged misuse of the Service and may
involve police or other law enforcement agencies in doing so. Such
investigations may be conducted without notice to you. DataSavvy will also
cooperate with law enforcement agency investigations which may involve
disclosures of information in response to legally binding notices. |
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11 |
Security |
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11.1 |
You are responsible for the security of your account. Measures that you must
take include: • choosing your password and taking steps to ensure it is not
obvious; • not disclosing your password to any third party; • changing your
password at regular intervals; • safely storing your password; • exercising
caution when downloading content and materials over the Internet. Measures we
recommend you take include but are not limited to: • ensuring your computer
system is up to date and secure; • maintaining current anti-virus firewall and
any other appropriate security measures. |
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12 |
Privacy |
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12.1 |
You acknowledge that DataSavvy will, by virtue of the provision of the Services
under this Agreement, come into possession of your information and data. This
information and data ("Data") may include, but not be limited to, data
transmissions (including the originating and destination numbers and IP
addresses, date, time and duration of data transmissions, and other data
gathered as part of providing the Service or necessary for the establishment,
billing or maintenance of the transmission), data containing your personal
and/or private information as defined in the Privacy Act, 1988, and other data
provided to or obtained by DataSavvy in connection with the provision of
Services under this Agreement. You acknowledge and agree that DataSavvy may use,
process and/or transfer Data (including intra-group transfers and transfers to
entities in other countries that do not provide statutory protections for
personal information): (a) in connection with provisioning of Services; (b) to
incorporate the Data into databases controlled by DataSavvy for the
administration, provisioning, billing and reconciliation, verification of your
identity and solvency, maintenance, support and product development, fraud
detection and prevention, sales, revenue and customer analysis and reporting,
and market and customer use analysis; and (c) to communicate to you about
products and services of DataSavvy or its partners via its newsletter or email
from time to time. |
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13 |
Termination |
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13.1 |
Subject to any designated term associated with the Service, the Service may be
terminated by DataSavvy at any time by providing notice in writing which notice
will take effect at the end of the Billing Period in which the notice is
provided. |
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13.2 |
DataSavvy may immediately terminate the provision of any or all Services if: •
you breach any of these Terms; • you have provided false, misleading or
incomplete information to DataSavvy; • where your nominated payment method is
refused or dishonoured; • DataSavvy forms the opinion in good faith that you are
or may be insolvent; • DataSavvy for whatever reason ceases to provide the
Service. All outstanding Charges become immediately payable on giving
DataSavvying of such notice and in no circumstances will you be entitled to any
refund of payments made under this Agreement. |
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13.3 |
Once your account with DataSavvy has been terminated for any reason (including
voluntary closure), DataSavvy may delete all of your data from any storage
media. This data includes, but is not limited to, that contained in backup
tapes, mail boxes and any other personal data. |
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14 |
Suspension of Service |
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14.1 |
DataSavvy may from time to time without notice suspend any Service or disconnect
or deny you access to any Service: • during any technical failure, modification
or maintenance involved in the Service provided that DataSavvy will use
reasonable endeavors to procure the resumption of the Services as reasonably
practicable; • in an emergency or for other security or safety reasons; or • if
you fail to comply with any of these Terms (including failure to pay Charges
due) until the breach (if capable of remedy) is remedied, or if you do or allow
to be done, anything which in DataSavvy's opinion may have the affect of
jeopardizing the operation of any Service. Notwithstanding any suspension of any
Service under this clause you shall remain liable for all charges due throughout
the period of suspension. |
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15 |
Exclusion of Liability |
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15.1 |
DataSavvy is not liable for any cost loss or damage that you or any person using
your account may suffer from using: • (a) the Service (including loss of data,
delays, non-deliveries, mis-deliveries, service interruptions, whether or not as
a result of negligence or act or omission of DataSavvy; or • (b) any content
accessed through the Service (including inaccurate, incomplete or out of date
information). |
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15.2 |
DataSavvy will not be responsible for any third party telecommunication charges
incurred by you in accessing the Service.
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15.3 |
Except for any conditions or warranties DataSavvy is required by law to give,
DataSavvy makes no statement, warranty or promise about the quality or
suitability of the Service. |
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15.4 |
DataSavvy acknowledges that certain commonwealth and state legislation may imply
into these Terms certain warranties and conditions that cannot be excluded,
modified or restricted. However, DataSavvy’s liability for any breach of such
implied term or warranty will be limited at DataSavvy’s option in any way
permitted by the legislation including where so permitted and at DataSavvy’s
election: • the supplying of the goods or Service again; • or the payment of the
costs of having those goods repaired or the Service supplied again. |
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15.5 |
DataSavvy excludes all liability to you or any other person using your account
for any costs, loss, liability or damage (whether direct or consequential
including any loss of profits, business or anticipated savings) arising out of
these Terms or the supply of the Service either in tort, breach of contract,
breach of warranty or for any other reason or cause whatsoever including as a
result of any act, omission or negligence by DataSavvy or its representatives. |
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15.6 |
You acknowledge that in choosing to use the Service you are aware that it is not
continuous or fault free in nature and that you have made your own assessment
that the Service ‘as is’ is sufficient to meet your requirements. You must
ensure that your computer communications and software equipment is compatible
with DataSavvy‘s systems. |
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16 |
Indemnity |
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16.1 |
You indemnify DataSavvy from and against any actions, claims, suits, demands,
costs, loss, or liability (whether direct or consequential) arising out of or in
any way connected to the use of the Service by you or any other person using
your account. |
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17 |
General |
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17.1 |
The Customer cannot assign its rights under any agreement with DataSavvy without
the prior written consent of DataSavvy (which may not be unreasonably refused). |
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17.2 |
Failure by DataSavvy to act immediately on any right under these Terms does not
waive such right. |
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17.3 |
This Agreement is governed by the laws of Western Australia and the parties
submit to the jurisdiction of the Western Australian Courts and Tribunals. |
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