Please Note: If you use another providers service for making calls and using internet including hardware supplied by them such as Engin, VoIP It Up, Telstra, Optus and any other provider, then you will abide by their terms and conditions as we Harrisontech Pty Ltd are not providing the services direct. When VoIP services is charged to you by Harrisontech, then we source services from our wholesale providers directly and are bound by their service terms and conditions of use.
These following Terms of Service constitute the agreement (“Agreement”) between Harrisontech and the user (“you,” “user” or “Customer”). This Agreement governs both the Service and any devices, such as a VOIP gateway box, IP phone, Telephone Terminal Adapter, or any other IP connection device, (“Device” or “Equipment”) used in conjunction with the Service.
By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms.
You means the customer who makes the Application and where two or more persons have applied, means those persons individually and every two or more of them jointly (and your will have a corresponding meaning). Harrisontech is a division of Harrisontech Pty Ltd (ABN 11 105 336 696) any Related Harrisontech Entity which supplies the Service to you (and our will have a corresponding meaning).
VoIP Terms and Conditions
1.0 Service
1.1 Term
Harrisontech services are offered on a pre-paid basis for Harrisontech Broadband customers. The prepaid services require the monthly fees, if applicable, and call charge credit to be paid in advance every month and begin on the date that Harrisontech activates your Service and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew monthly without further action by you unless you give Harrisontech written notice of non-renewal at least (10) Business Days before the end of the monthly term in which the notice is given.
You are purchasing the Service for full monthly terms or contract terms, meaning that if you attempt to terminate the Service prior to the end of a monthly or contract term other than a Money Back Guarantee period if offered, you will be responsible for the full month’s or contract terms charges to the end of the then current term, including without limitation, un-billed charges all of which immediately become due and payable. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement.
If you terminate during the Money Back Guarantee period and provided you return in sound and undamaged condition any devices purchased by you then you will be refunded all costs other than call charges.
Any telephone number provided by Harrisontech in conjunction with the service is part of the service and will be relinquished if you cancel the service.
1.2 Porting Telephone Numbers – You must not deactivate your existing service when porting. Telephone numbers can only be ported while active. You can only withdraw your authority to port this telephone number before the Electronic Cutover Advice is sent to your current Service Provider, which will be on or after the preferred cutover date specified in this form.
Harrisontech and its Service Providers/Carriers, provides no guarantee that it can port your telephone number from your current Service Provider. Your current Service Provider may reject this port request if the information you provide is incorrect or does not match the data held by them. In this case you authorise Harrisontech and its Service Providers/Carriers to correct the information and resubmit the request to port your telephone number or dispute the rejection by your current Service Provider. A porting request may also be rejected for other reasons as stated in the LNP Industry Code.
Harrisontech and its Service Providers/Carriers provides no guarantee that the telephone number will be ported within any specified timeframe. Porting Hours of Operation are 8am to 5pm AEST/AEDST Monday to Friday, excluding National Public Holidays. Cutover can only be initiated at least 2 business days after the porting Notification Advice is sent by Harrisontech and its Service Providers/carriers to your current Service Provider.
If a port request is rejected and needs to be resubmitted, cutover cannot take place for at least another 2 business days after the request is resubmitted. In the event of a port, withdrawal, or reversal. Harrisontech and its Service Providers/Carriers is not responsible for any period of outage.
You may have outstanding contractual obligations and costs owed to your current Service Provider. Harrisontech and its Service Providers/Carriers is not liable for any such costs. Only your telephone number will be transferred to Harrisontech and its Service Providers/Carriers and this may result in the loss of any Value-Added Services that are associated with the service provided by your existing Service Provider (e.g. Voicemail).
If you wish to port your telephone number from Harrisontech and its Service Providers/Carriers, to another Service Provider, then you must contact the other Provider.
Harrisontech and its Service Providers/Carriers reserves the right to charge a fee for porting your telephone number to or from Harrisontech and its Providers. Local Number Portability (LNP) does not guarantee you can keep your telephone number if you move to a different geographic location.
Harrisontech and its Service Providers/Carriers shall use reasonable endeavours to provide the Services, but it shall not be liable if it is prevented, hindered, or delayed from providing the Services for any reason whatsoever.
While Harrisontech and its Service Providers/Carriers will endeavour to provide Services of a reasonable quality, Harrisontech and its Service Providers/Carriers does not warrant the quality or availability of the Services.
1.3 Lawful Use of Service and Device
You agree to use the Service and Device only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in Harrisontech’s sole judgment the transmission, receipt or possession of such communication or material
(i) Would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or
(ii) Encourages conduct that would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. Harrisontech reserves the right to terminate your service immediately and without advance notice if Harrisontech, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month’s charges to the end of the current term, including without limitation un-billed charges, plus a disconnect fee, all of which immediately become due and payable and may at Harrisontech’s discretion be immediately charged to your credit card.
1.4 Loss of Service Due to Power Failure or Internet Service Outage or Termination or Suspension or Termination by Harrisontech
You acknowledge and understand that the Service does not function in the event of power failure. You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet, in the event of an outage of, or termination of Broadband Internet service, the Service will not function, but that you will continue to be billed for the Service unless and until you or Harrisontech terminate the Service in accordance with this Agreement. Should there be an interruption in the power supply or Internet Broadband outage, the Service will not function until power is restored or the Internet outage is resolved. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilising the Service. Power disruptions or failures or Internet outages will also prevent dialling to emergency service numbers including the Emergency 000 calling feature. Should Harrisontech suspend or terminate your Service, the Service will not function until such time as Harrisontech restores your Service (which may require payment of all invoices and reconnection fees owed by you or cure of any breach by you of this Agreement).
1.5 Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software
The Service and Device and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on Harrisontech website are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively “marks”) of Harrisontech and shall remain the exclusive property of Harrisontech and nothing in this Agreement shall grant you the right or license to use any of such marks. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
1.6 Tampering with the Device or Service
You agree not to change the electronic serial number or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from Harrisontech in each instance which Harrisontech may deny in its sole discretion. Harrisontech reserves the right to terminate your Service should you tamper with the Device, leaving you responsible for the full month’s charges to the end of the current term, including without limitation un-billed charges, plus a disconnect fee, all of which immediately become due and payable. You agree not to hack or disrupt the service or to make any use of the Service that is inconsistent with its intended purpose or to attempt to do so.
1.7 Theft of Service
You agree to notify Harrisontech immediately, in writing or by calling the Harrisontech customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. Until such time as Harrisontech receives notice of the theft or fraudulent use, you will be liable for all use of the Service using a Device stolen from you and any and all stolen Service or fraudulent use of the Service.
2.0 Emergency Services – 000 Dialling
2.1 Power Failure or Disruption
You acknowledge and understand that 000 dialling does not function in the event of a power failure or disruption. Should there be an interruption in the power supply, the Service and 000 dialling will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilising the Service or 000 dialling.
2.2 Broadband Service / Internet Outage or Termination / Suspension by Harrisontech
You acknowledge and understand that service outages or suspension or termination of your Broadband service will prevent utilising the Service including 000 dialling.
2.3 Service Outage Due to Suspension of Your Account
You acknowledge and understand that service outages due to suspension of your account as a result of billing issues will prevent utilising the Service including 000 dialling.
2.4 Other Service Outages
You acknowledge and understand that if there is a service outage for ANY reason, such outage will prevent utilising the Service including 000 dialling. Such outages may occur for a variety of reasons, including, but not limited to those reasons described elsewhere in this Agreement.
2.5 Limitation of Liability and Indemnification
You acknowledge and understand that Harrisontech’s liability is limited for any Service outage and/or inability to dial 000 from your line or to access emergency service personnel, as set forth in this document. You agree to defend, indemnify, and hold harmless Harrisontech’s, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorney’s fees) by, or on behalf of, Customer or any third party or user of Customer’s Service relating to the absence, failure or outage of the Service, including 000 dialling and/or inability of Customer or any third person or party or user of Customer’s Service to be able to dial 000 or to access emergency service personnel.
3.0 Changes To This Agreement
Changes To This Agreement
Harrisontech may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on to the Harrisontech website. Such changes will become binding on Customer, on the date posted to the Harrisontech website and no further notice by Harrisontech is required. This Agreement as posted supersedes all previously agreed to electronic and written terms of service, including without limitation any terms included with the packaging of the Device and also supersedes any written terms provided to Retail Customers in connection with retail distribution, including without limitation any written terms enclosed within the packaging of the Device.
4.0 Charges/Payments/Default/Taxes/Termination
4.1 Billing
You must give us a valid credit card number (Visa, MasterCard, or any other issuer then accepted by Harrisontech) when the Service is activated. Harrisontech reserves the right to stop accepting credit cards from one or more issuers. If the card expires, you close your account, your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise Harrisontech at once. We will bill all charges, applicable taxes and surcharges monthly in advance. Any usage charges will be billed in increments that are rounded up to the nearest minute.
4.2 Payment
Harrisontech accepts payments only by credit card as set forth in Section 4.1.Your initial use of the Service authorises Harrisontech to charge the credit card account number including any changed information given Harrisontech if the card expires or is replaced, or if you substitute a different card, for Harrisontech charges as set forth in Section 4.1.This authorisation will remain valid until 30 days after Harrisontech receives your written notice terminating Harrisontech’s authority to charge your credit card, where upon Harrisontech will charge you the disconnect fee and any other outstanding charges and terminate the Service. Harrisontech may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with Harrisontech is declined or reversed, your credit card expires and you have not provided Harrisontech with a valid replacement credit card or in case of any other non-payment of account charges. Termination of Service for declined or expired card, reversed charges or non-payment leaves you fully liable to Harrisontech for all charges before termination.
4.3 Termination/Discontinuance of Service
Harrisontech reserves the right to discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. You will be responsible for the full month’s charges to the end of the current term including and without limitation unbilled charges, all of which immediately become due and payable.
4.4 Re-activation
Harrisontech reserves the right to suspend the Service if you fail to make monthly advance payment due to card expiry or any other reasons. The Service may be re-activated with a payment of activation fee plus the normal monthly fee if the period of suspension is less than 14days.
5 Warranty & Liability Limitations/Indemnification
5.1 Limitation of Liability
Harrisontech shall not be liable for any delay or failure to provide the Service, including 000 dialling, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
· act or omission of an underlying carrier, service provider, vendor or other third party;
· equipment, network or facility failure;
· equipment, network or facility upgrade or modification;
· force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions;
· equipment, network or facility shortage;
· equipment or facility relocation;
· service, equipment, network or facility failure caused by the loss of power to Customer;
· outage of Broadband Internet service;
· act or omission of Customer or any person using the Service or Device provided to Customer; or
· any other cause that is beyond Harrisontech’s control, including without limitation a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications (including without limitation 000 dialling) to be connected or completed or degradation of voice quality.
5.2 Disclaimer of Damages
In no event shall Harrisontech, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to customer in connection with this agreement or the service be liable for any direct, incidental, indirect, special, punitive, exemplary or consequential damages, or for any other damages, including but not limited to loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use the service, including inability to be able to dial 000 or to access emergency service personnel through the service. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, product liability, tort and any and all other theories of liability and apply whether or not Harrisontech was informed of the likelihood of any particular type of damages.
5.3 No Warranties on Service
Harrisontech makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness of the service for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance or any warranty that the service will meet customer’s requirements. Without limiting the foregoing, Harrisontech does not warrant that the service will be without failure, delay, interruption, error, degradation of voice quality or loss of content, data or information. Neither Harrisontech nor its officers, directors, employees, affiliates or agents or any other service provider or vendor who furnishes services or products to customer in connection with this agreement or the service will be liable for unauthorised access to Harrisontech’s or customer’s transmission facilities or premises equipment or for unauthorised access to, or alteration, theft or destruction of, customer’s datafiles, programs, procedures or information through accident, fraudulent means or devices or any other method, regardless of whether such damage occurs as ar esult of Harrisontech or its service provider’s or vendors’ negligence. Statements and descriptions concerning the service or device, if any, by Harrisontech or Harrisontech’s agents or installers are informational and are not given as a warranty of any kind.
5.4 No Third Party Beneficiaries
No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
5.5 Content
You are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that your or User’s use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. Harrisontech reserves the right to terminate or suspend affected Services, and/or remove your or Users’ content from the Services, if Harrisontech determines that such use or content doer not conform with the requirements set forth in this Agreement or interferes with Harrisontech’s ability to provide Services to you or others or receives notice from anyone that your or Users’ use or Content may violate any laws or regulations. Harrisontech’s actions or inaction under this Section shall not constitute review or approval of your or Users’ use or Content. You will indemnify and hold Harrisontech against any and all liability arising from the content transmitted by or to you or to Users using the Services. A “User” means any person, whether authorised or unauthorised, using the Service and/or Device provided to you.
6.0 Governing Law
The Agreement
The Agreement and the relationship between you and Harrisontech shall be governed by the laws of the State of Western Australia. The failure of Harrisontech to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
7.0 Entire Agreement
7.1 Entire Agreement
This Agreement and the rates for Services found on Harrisontech’s website constitute the entire agreement between you and Harrisontech and govern your use of the Service, superseding any prior agreements between you and Harrisontech and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon Harrisontech unless and until posted in accordance with Section 3hereof.
7.2 Severability
If any part of this Agreement is legally declared invalid or un-enforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
8.0 Privacy
Privacy
Harrisontech Service utilises, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Harrisontech is not liable for any lack of privacy which may be experienced with regard to the Service.
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Terms and conditions: Please be advised: Website building services – updates any previous policies relating to website services: POLICY 1 Following is a copy of the terms and conditions that you must agree to and is subject to change without notice: Applies to the supplied/leased web based online software and website building services. 3.1.2 Data Supply Requirements (used for SC1, SC2, SC3, and SC4 shopping systems only. * Definition of Data Line : if your combined amount of data stored (being current orders, processed orders, customers, categories and products ) exceeds the data line quota at any one time; the excess data line charge will apply for excess data stored for the particular month or part thereof. You can elect to increase your data line quota for a very small minimal monthly fee. Online system/s excess data line use charge “if exceeded” is AUD $10.00 per month or part thereof: If you are still in excess of the data line quota stored at the beginning of the next month (from the 1st of each month) the default data line excess charge will apply again. Excess data line charges are non negotiable. You will receive an automated e-mail every time your system is utilised in excess of data line storage. If you believe your data line storage will keep exceeding, please contact your selling agent to upgrade to a higher level plan to avoid the data line excess charge. Before deletion of any data; all data can be exported from the Data Export section within the relevant system. Excess usage: Website Building Services: Harrisontech will build website(s) as requested by client(s), demonstrated by either party, even products sourced/supplied from open source application(s), plus implement themes as obtained, purchased or supplied. It is the client(s) responsibility to supply all content, data, Images and any other relevant material to be implemented into the website for viewing, unless otherwise stated within the agreement. Harrisontech will complete the website development work within 28 days from when all content, data, Images and any other relevant material is supplied to Harrisontech. Harrisontech will take no responsibility for late completion if any part of the material for the website development is not supplied. Harrisontech will also take no responsibility for late completion should the customer not complete a task required to maintain the completion of the website development. When a task set or arranged by the client is completed and all other materials have been supplied, then the completion date will be within 28 days unless otherwise stated within the agreement between Harrisontech and the client. Web based online software supplied/leased terms and conditions agreement: IMPORTANT NOTE: before you (the purchaser/merchant/user/agent) click on I Accept – please read this complete section carefully as terms and conditions apply to use this web based online software. You (the purchaser/merchant/user/agent) must agree and accept these terms and conditions in its entirety to proceed any further. If you do not agree to any part of these terms and conditions whatsoever do not use this web based software in any manner and click on the I Decline button below then refer and advise your selling agent. If you (the purchaser/merchant/user/agent) click on the I Accept button “just once” your acceptance will be logged and confirms you do agree and accept these terms and conditions at all times. You also accept and agree the terms and condition are subject to change without notice and you have been advised to check these terms and conditions regularly as changed terms and condition will replace and hold in force from any previous terms and conditions that may have been displayed. APPLIES TO These terms and conditions of use are for merchants, business directors, licensees, licensors, franchisees, franchisors, resellers, contractors, developers and agents, and includes terms and conditions the end user is to abide by. The end user terms and conditions is entirely the purchaser/merchant and/or person or user(s) responsibility to ensure the end user meets the required terms and conditions of use. If you (the purchaser/merchant/user/agent) click on the I Accept button “just once” you are agreeing to use the web based online software supplied/leased to you by Harrisontech Pty Ltd or its agents. Types of web based online software that can be supplied by Harrisontech Pty Ltd or its agents are e-commerce, live payment gateways, shopping carts/stores and catalogue systems, quotation systems, invoicing systems, VoIP systems, bill payment systems, web hosting plus other related and newly developed IT products and software. Please note: Where a word is shown where you will see (s) at the end of that word; as an example business(s) the (s) referrers to (es) as well. For example business(s) will mean business and businesses. The (s) is the expansion of the word. You as a user may elect to select one or multiple supplied/leased web based online software. PARTIES TO THE AGREEMENT This agreement is between; AND Any third party being the reseller(s), agent(s), franchisee(s), franchisor(s), contractor(s), licensee(s), licensor(s), business director(s) including merchant(s) and any person(s), body(s), business(s), company(s) or any other legal entity that will utilise the Harrisontech Pty Ltd supplied/leased web based online software. 1. INTRODUCTION 1.1: Harrisontech Pty Ltd or its agents are the suppliers of the web based online software and has the agreed right with the owners and developers to lease and charge for the conduct of the selected services issued by the owners and developers which may be one or many and may consist of e-commerce, live payment gateways, shopping carts/stores and catalogue systems, quotation systems, invoicing systems, VoIP systems, bill payment systems, web hosting plus other related and newly developed IT products and software comprising: 1.1.1: this software supplied and offered to you (the purchaser/merchant/user/agent) for use has been developed for and on behalf of Harrisontech Pty Ltd by the technical development team of Harrisontech Pty Ltd and its’ associated contracted developers. The web servers which operate this software is supplied are managed by the owners and developers for the entire and/or selected range of web based online software offered by Harrisontech Pty Ltd; and 1.1.2: the use of an optional payment gateway which is managed and mainly developed by Payment Technologies which resides within their technical facility and manages a connection through the owners and the developers developed interface to a final payments clearance system (the “Merchant Software”); and 1.1.3: the use of assorted third party payment integrated methods for taking and receiving payment, plus the use of assorted third party software for integration such as postal software for freight and currency conversion. At all times the developers and code writers and suppliers of any software is held harmless should any type of issue be evident or arise (the “Merchant Software”); 1.2: All web based online software we offer is more fully described at the website of Harrisontech Pty Ltd. All web based online software is operated within the correct security certificate protocols and with full 128 and 256 bit encryption certificate(s) where required. 2. DURATION 2.1: This agreement shall commence when you (the purchaser/merchant/user/agent) first accept either by a written and signed agreement or when you first access any of the web based online software supplied/leased to you via this agreed terms and conditions page and clicking the I Accept button and will apply from that date and/or shown at a schedule and shall continue until terminated by our mutual agreement or as provided for this agreement. Unless otherwise stated in a separate signed written agreement the agreed period is for a minimum of a twenty four (24) month term. Termination/temporary suspension may occur without any notice whatsoever for all services, should a payment not be paid in full by the due date. Recovery action cost will be at your (the purchaser/merchant/user/agent) expense and a re-activation fee also applies at your (the purchaser/merchant/user/agent) expense. 3. LICENCE(S) 3.1: We grant to you (the purchaser/merchant/user/agent) a non-exclusive right to use the licence of the Harrisontech Pty Ltd supplied/leased web based online software to utilise by customer on a single use basis per customer including use of our Payment Gateway if purchased and Merchant Software subject strictly to the terms and conditions of this agreement. At no time do you own this supplied/leased web based online software; it is leased to you only on a predetermined period. At no time can you request or access the source code or purchase this supplied/leased web based online software outright. 4. ACCESS TO THE SYSTEM 4.1: During this agreement we will provide you (the purchaser/merchant/user/agent) with access to the selected supplied/leased web based online software upon the acceptance of the terms and conditions of this agreement including any schedules and/or changes made/requested. 5. TITLE 5.1: You (the purchaser/merchant/user/agent) acknowledge that there is no transfer of title or ownership to you of the supplied/leased web based online software and/or the documentation and/or any modifications, updates, or new releases of the supplied/leased web based online software. 6. YOUR GATEWAY OBLIGATIONS 6.1: During this agreement you (the purchaser/merchant/user/agent) shall: 6.1.1: if elected to use your own Gateway (Merchant Software) – enter into, maintain and abide by an agreement with a bank or other financial institution which permits you (the purchaser/merchant/user/agent) to clear debit or credit card payments using electronic communication (the Financial Institution Agreement); 6.1.2: if elected to use your own Gateway (Merchant Software) – ensure your use of the supplied/leased web based online software and the Merchant Software is strictly in accordance with your Financial Institution Agreement; 6.1.3: if elected to use your own Gateway (Merchant Software) – ensure that all terms and conditions of use and/or warning notices which server hosting provider may prescribe for display to online customers using commerce sites which use the supplied/leased web based online software are displayed strictly in accordance with the server hosting provider directions. However this subclause does not create any obligation to create and/or recommend any appropriate terms and conditions of use and/or warning notices; 6.1.4: establish a fair policy for dealing with refunds and disputes about financial transactions made using the Merchant Software and the supplied/leased web based online software transactions; 6.1.5: maintain for a period of at least twelve (12) months a copy of each audit log sent to you (the purchaser/merchant/user/agent) and each reference number supplied by us for transactions; 6.1.6: you (the purchaser/merchant/user/agent) must accept and comply with all requirements which apply to you in the supplied/leased web based online software and any E-Commerce Merchant Software or Installation and Implementation Documents supplied; and 6.1.7: only permit use of and/or access to the System for transactions you (the purchaser/merchant/user/agent) reasonably believe are legitimate; 6.2: During this agreement you (the purchaser/merchant/user/agent) shall not: 6.2.1: permit use of or access to the supplied/leased web based online software except by operation of the Merchant Software and by any person other than as contemplated by this agreement; 6.2.2: make or publish or cause to be made or published any false, Mis-leading, deceptive or Mis-descriptive statement or information in relation to the supplied/leased web based online software, the Payment Gateway and/or the Merchant Software which may give rise to any liability to Harrisontech Pty Ltd and its developers and owners; 6.2.3 disclose any personal and credit card information about the holder of any personal credit card numbers or about any transactions to any person other than: 6.2.4: us; 6.2.5: the issuer of the personal credit card number; 6.2.6: the bank or financial institution which is a party to a Financial Institution Agreement with the Merchant and/or supplier of the Merchant Software; 6.2.7: as required by law; 6.2.8: The developers of the supplied/leased web based online software and/or one of its divisions; 6.2.9: and any such information shall be securely stored; 6.2.10: copy, alter, modify, reproduce or rent the Merchant Software without the developers and/or suppliers written consent except and only to the extent permitted by law notwithstanding this limitation and except to the extent authorised by this agreement; 6.2.11: reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile the whole or any part of the Merchant Software. 6.2.12: not hold and delete any credit card information as soon as the order request has been received. 6.2.13: hold Harrisontech Pty Ltd and the developers and suppliers of web server services of the supplied/leased web based online software and any of its divisions harmless should customer credit card information be Mis-used or any of our systems be tampered with by means of hackers, malicious script(s) and/or similar. 7. HANDLING OF DATA 7.1: Harrisontech Pty Ltd and/or the developers of the supplied/leased web based online software may monitor, record and store any data or information transmitted, received or stored by you (the purchaser/merchant/user/agent) using any Merchant Software or the supplied/leased web based online software (The Data). 7.2: We will treat the Data as confidential and will not without your prior written consent disclose such confidential information to a third party except as required by law. 7.3: We will use our best endeavours to secure the Data from unauthorised access and will require our employees, business directors, licensees, licensors, franchisees, franchisors, resellers, contractors, developers and agents and who have access to the Data to execute a non-disclosure agreement. 7.4: Our obligation under this clause / shall survive the termination of this agreement. 7.5: Try to ensure all data can be maintained at all times 8. FEES 8.1: You (the purchaser/merchant/user/agent) will pay the licence fee if specified in the schedule (the Licence Fee”) and the transaction fees if specified in the schedule (The Transaction Fees”) at the time and in the manner specified in the schedule. 8.2: You (the purchaser/merchant/user/agent) will pay an annual Licence fee if specified at the times and in the manner specified in the schedule and/or in any subsequent schedule from us (the Annual Licence Fee). 8.3: You (the purchaser/merchant/user/agent) will pay all fees in advance on time and as per the term agreed, this includes monthly fees as specified in the schedule and can be called Shopping Cart Hosting or Shopping Cart Supply or similar meaning) at the times and manner specified in the schedule and/or in any subsequent schedule or addition from us. 8.4: You (the purchaser/merchant/user/agent) will pay any rate and/or fee increases applied if and when deemed necessary even if an agreement is in place. It is expected rate increases will be aligned to CPI per individual state or country. 8.5: The terminology used within these terms and conditions of: the supplied/leased web based online software such as; License Fee, The Transaction Fees, the Annual License Fee, Rate, Store, Catalogue, Hosting, Shopping Cart Hosting, Fee Increases and/or similar can all be referred to within a schedule or as commonly known as a quotation or quote. It is agreed that should you (the purchaser/merchant/user/agent) click on I Accept you have accepted the pricing structure as submitted to you either in writing or verbally as a merchant and/or user and you will not be set up and activated until the initial pricing for a minimum of one month has been paid in advance or part thereof in full including all or any other fees applicable. 8.6: We will generally request an automatic deduction form be utilised and set in place before any set up or activation of service as we do not operate accounts as a rule. 9. PAYMENT 9.1: Unless expressly stated in writing by Harrisontech Pty Ltd all fees and charges are inclusive of government taxes and imposts applicable to the supply of goods and services or licence to use the supplied/leased web based online software including without limitation to additional sales taxes, import duty and services tax. If any such taxes or imposts are/or become applicable, an amount equal to them shall be added to the fees and charges under this agreement and shall be payable by you (the purchaser/merchant/user/agent) to Harrisontech Pty Ltd. 9.2: If you (the purchaser/merchant/user/agent) default in any payment to us: 9.2.1: we may without any notice whatsoever suspend or cancel all services and access to the supplied/leased web based online software (whether those services are services under this agreement or any other services provided by us); and 9.2.2: you (the purchaser/merchant/user/agent) will pay all collection costs and the legal fees incurred by us as a result of that default. 9.2.3: suspend the service without any notice that will not be reactivated until payment and reconnection fees are paid in full. 9.3: We may increase the Transaction Fees or the Annual Licence Fee or the Agreed Fee(s) at any time if deemed necessary. 9.4: The Transaction Fees are not refundable (whether in whole or in part) to you (the purchaser/merchant/user/agent). 9.5: Additional charges apply for additional services requested by you the client or purchaser or any member of your staff or associated to you (the purchaser/merchant/user/agent). We ask that you pay any new requests in advance when requested unless otherwise agreed to avoid any disruption. 9.5.1: Additional charges will be charged and deducted at the clients request in advance prior to work being performed by the client or purchaser or any member of your staff or associated to you (the purchaser/merchant/user/agent) deemed with authorisation by us. We will deduct regular monthly fees and additional fees for additional work and/or duties performed at the request of the client or purchaser or any member of your staff or associated to you deemed with authorisation by us from their credit card. Clients who have bank direct debit payment request also authorise for the supplied/leased web based online software supplier to take an extra payment when required without any written request and verbal request to perform additional duties is acceptable. We request payment up front before any additional work is started unless otherwise agreed. 9.5.2: If at any point in time you (the purchaser/merchant/user/agent) decide to sell, close or transfer your business the current agreement remains in place until it is paid out to us in full. If your business is sold to a new entity, whether the new entity takes over the operating name or restructures with a new operating name it is your responsibility to ensure they are clear with the agreement you have in place with us and it will transfer automatically to them if you allow. If they default on payment you will be liable for the remainder of the term with us and you accept that you will incur recovery action costs incurred to recover the outstanding amounts as a private individual or existing or new business owner. We request written advice of new ownership or closure of business, plus where necessary a new debit request form is to be completed for payment. 9.5.3: Failed payments will incur a minimum handling charge of AUD $25.00 and a maximum of AUD $55.00 for each and every failed payment payable before reactivation of services. You duly authorise Harrisontech or its agents to deduct the nominated failed payment(s) fee when due at their discretion. 10. WARRANTIES AND SUPPORT 10.1: We warrant that: 10.1.1: we have the right to enter into this agreement and to grant to you (the purchaser/merchant/user/agent) the rights herein granted; and 10.1.2: the supplied/leased web based online software including relevant Merchant Software will operate in conformity with any other relevant Documentation in all material aspects. 10.2: If at any time during this agreement you (the purchaser/merchant/user/agent) believe there is a defect in the supplied/leased web based online software and the Merchant Software you shall notify us. We may refer such matters to other providers at our discretion. 10.3: Except for the warranties in subclause 10.1 and any warranty which can not be excluded by law all other warranties whether express, implied statutory or otherwise relating in any way to this agreement, including, without limitation any warranty that any of the goods or services provided under this agreement are fit for a particular purpose are excluded. 10.4: We shall not be obliged to put in place any substitute or alternative system should there be a failure of or delay in the provision of the supplied/leased web based online software or merchant software. 10.5: We shall use our best endeavours to achieve 99.9% or higher availability of the supplied/leased web based online software other than outages to which clause 13 and 20 applies. 10.6: You (the purchaser/merchant/user/agent) acknowledge that: 10.6.1: the performance of the supplied/leased web based online software is dependent on a number of factors outside our control, including traffic and data centres and technical difficulties with the Internet, including the performance of the financial payments clearance system and the availability of terminals and telephone lines including malicious scripts and/or merchant software; 10.6.2: access to the supplied/leased web based online software may not be continuous or uninterrupted; 10.6.3: the supplied/leased web based online software is secure within certain technical boundaries which you (the purchaser/merchant/user/agent) have considered; 10.6.4: the supplied/leased web based online software may not provide you (the purchaser/merchant/user/agent) with a totally secure or confidential means of communication; 10.6.5: payment and payment clearance operates on the terms and conditions of your Financial Institution Agreement and/or another outside third party financial institution; 10.6.6: the Data transmitted or received by you (the purchaser/merchant/user/agent) through the use of the supplied/leased web based online software and Merchant Software may not be accurate or virus free; 10.6.7: there may be interruption or failure of the supplied/leased web based online software and Merchant Software; 10.6.8: the supplied/leased web based online software and Merchant Software may have defects and may operate with interruptions or errors, and you (the purchaser/merchant/user/agent) agree that, without limitation, all liability you or a third party may incur due solely or in part as a result of one or more of these factors is your responsibility. 10.6.9: although we do backup daily, back up files can be corrupted when a failure occurs within web servers, so backup of your own supplied/leased web based online software is strongly suggested as in a worst case scenario although not likely; should by nature or any other reason we and you (the purchaser/merchant/user/agent) experience a total system failure your supplied/leased web based online software will have to be rebuilt; as an example, an online store/shop would mean re-implementing new categories and attaching products as soon as achievable. 10.6.10: should malicious scripts attacks (sending mass spam or data as an example) are directed to any of our web servers for any reason you (the purchaser/merchant/user/agent) consent to the data centre (these are the buildings that store and manage our web servers) to switch off a part or all of the supply of services when they deem necessary as a security measure. The web services will not be re-activated until it is determined that necessary steps have taken place to avoid the sort of attack from happening again. You will also recognise that some data (mainly emails) could be lost should this occur 11. LIABILITY 11.1: Other than for a breach of this agreement we shall not be liable to you (the purchaser/merchant/user/agent) for any loss or damage including without limitation, consequential loss or damage suffered by you whether arising directly or indirectly from the supply of any goods or services under this agreement. 11.2: Where the law implies any term in this agreement, which cannot by law be excluded, then that term is included in this agreement. Our liability for any breach of such an implied term will be limited, at our option, to the following: 11.2.1: in the case of the provision of services to the supplying of those services again, or the reasonable cost of supplying those services again; and 11.2.2: in the case of the provision of goods to the replacement of those goods or the supply of equivalent goods (or the reasonable cost of the same, the repair of those goods or the reasonable cost of repairing those goods). 11.3 Without limiting subclause 11.1 we shall not be liable to you (the purchaser/merchant/user/agent): 11.3.1: for any transaction disputed by any person in any way or manner; 11.3.2: for any claims resulting from fraudulent use of a personal credit card number or a credit card; and/or 11.3.4: any breach of the Financial Institution Agreement. 11.4: In no event will we be liable to you (the purchaser/merchant/user/agent) for any remote, indirect consequential special or incidental damages, including without limitation, damages resulting from loss of data, loss of profits or business interruption or cost of cover, whether based on breach of contract, tort (including negligence), product liability or otherwise. This limitation will apply even if we have been advised of the possibility of such damages. 11.5: Regardless of the form of action our aggregate liability to you (the purchaser/merchant/user/agent) for all claims by you against us arising under this agreement or our performance of this agreement shall not exceed the monthly sum paid to us by you under this agreement. 12. TERMINATION 12.1: Termination will be as per any attached agreement schedule including clauses 12.3. 12.2: This agreement can be terminated by Harrisontech Pty Ltd or the owners and developers should you (the purchaser/merchant/user/agent) breach any of the clauses stated within this agreement as the clauses are the terms and conditions of use to utilise the use of the supplied/leased web based online software and any Merchant Software either supplied or third party supplied. 12.3: If there is no other written and/or signed agreement(s); then acceptance of this agreement applies. Clauses 12.3.1 and 12.3.2 will apply at all times regardless which agreements are in place. 12.3.1: Termination of this agreement can only be exercised when the agreed term has expired not before. Should termination be required before the agreed minimum period then the purchaser/merchant/user/agent must pay in full all monies owing to the end of the agreement term. 12.3.2: Should the purchaser/merchant/user/agent elect to terminate their agreement at the end of the agreement term or after the agreement term, the purchaser/merchant/user/agent must provide a minimum of Thirty (30) days written notice prior to the end of the agreement term, but no earlier than Sixty (60) days before the end of the agreement term. The Thirty (30) days written notice period will take effect from the first day of the following month. Clause 12.3.2 applies for all services provided by the selling agent and its owners and developers. 13. FORCE MAJEURE 13.1: Neither party shall be liable for any delay or failure to perform its obligations pursuant to this agreement if such delay is due to fire, flood, meteorological event, strike, industrial action, war, civil disturbance, Act of God or any other event outside the reasonable control of a party which causes the delay or failure by the party in the performance of its obligations under this agreement. 14. SUB-CONTRACTING 14.1: We may in our discretion sub-contract for the performance of this agreement or any part of this agreement. Currently we operate from multiple servers and data centres and sub-contract servers from separate parties. We also use multiple gateway providers for software integration and live transacting with banks. It is possible more development relationships may be developed as we are being approached by numerous providers to integrate to them. 15. ASSIGNMENT 15.1: This agreement shall not be dealt with in any way by you the purchaser/merchant/user/agent (whether by assignment sub-licensing or otherwise) without our prior written consent and the endorsed prior written consent of the owners and developers of the software. 16. ENTIRE AGREEMENT 16.1: This agreement in conjunction with the contract terms and conditions between the company and the client as defined in the agreement schedule constitute the entire agreement between the parties for the subject matter of this agreement. 17. SEVERABILITY 17.1: If any provision of this agreement is held invalid, unenforceable or illegal for any reason, this agreement shall remain otherwise in full force apart from such provision which shall be deemed deleted. 18. GOVERNING LAW 18.1: The owners and developers of the supplied/leased web based online software for this agreement shall be governed in all respects by the laws of Queensland Australia. The parties to irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland Australia. 18.2: Business directors, licensees, licensors, franchisees, franchisors, resellers, contractors, developers and agents have rights to re-sell and re-brand as agreed by the owners and developers of the supplied/leased web based online software from their perspective state of Australia or country throughout the world. Should a ruling be required between the merchant and/or business directors, licensees, licensors, franchisees, franchisors, resellers, contractors, developers and agents; that ruling can be held between those parties within their perspective state and is not to bring into debate the supplied/leased web based online software as the owners and developers are held harmless at all times; but should a ruling be required that involves the supplied/leased web based online software this shall be governed in all respects by the laws of Queensland Australia. All countries outside of Australia will be governed by clause 18.1. 19. GUARANTEE 19.1: Harrisontech Pty Ltd along with the owners and developers of the supplied/leased web based online software will not and does not offer any guarantee or guarantees whatsoever including any form of guarantee for monetary returns and clearly states: 19.2: If any operating loss or any monetary loss is sustained over any period, Harrisontech Pty Ltd along with the owners and developers of the supplied/leased web based online software will not refund any loss or losses; 19.3 There are no guarantee(ed) terms for all services offered by Harrisontech Pty Ltd along with the owners and developers of the supplied/leased web based online software purchases. 19.4: If at any time a Guarantee should be offered this does not extend to the cost of the Harrisontech Pty Ltd along with the owners and developers of the supplied/leased web based online software purchase and will only be for the particular offer between the dates advertised. 19.5: There are no Guarantees! 20. UPTIME 20.1: As the supplied/leased web based online software is web based and operates from web servers and data centres, the purchaser or merchant and/or person or user leasing the web based software service(s) needs to be aware and accept things can go wrong from time to time with servers and data centres (these are what allow web services to operate and products to display on the web) and hold Harrisontech Pty Ltd including the owners and developers, including any associated business directors, licensees, licensors, franchisees, franchisors, resellers, contractors, developers and agents and providers of any service harmless at all times should this occur, although the expected uptime is 99.9% or higher there may be times when the purchaser or merchant and/or person or user of the service may not be able to access the supplied/leased web based online software due to a problem or issue outside of their control. 20.2: The supplied/leased web based online software was built and developed with the upmost integrity and good faith and the supplied/leased web based online software has been extensively tested and tried. Should for any reason you (the purchaser/merchant/user/agent) experience a fault where the supplied/leased web based online software may not be functional to a satisfactory standard required; should this extremely rare occasion occur no responsibility or liability will be directed to the owners and developers including business directors, licensees, licensors, franchisees, franchisors, resellers, contractors, developers and agents and providers of any service. 20.3: Security is of the highest priority and has been considered throughout the development of this supplied/leased web based online software and should the supplied/leased web based online software be subject to a malicious attack or attacks by a corrupt third party source; the services for the supplied/leased web based online software may be suspended for a short period of time whilst action is taken to rectify, recover and/or restore the data and/or system files. If in the extreme rare occasion where a malicious attach may take place and the data and/or system files have been damaged or lost then the system will be restored to the most recent backup taken and may mean some current data may be lost and not recoverable. The owners and developers will monitor security requirements and take necessary steps to endeavour to provide a hassle free service. 20.4: Harrisontech Pty Ltd along with the owners and developers, and at times associated business directors, licensees, licensors, franchisees, franchisors, resellers, contractors, developers and agents may perform system upgrade(s) and/or maintenance as deemed necessary when and as required. This may result in a slowing of the service and/or a short suspension of the service whilst the upgrade or maintenance takes place. Upgrades and maintenance does not reflect in the expected uptime of 99.9% as it is classed as an essential service. 20.5: Should you (the purchaser/merchant/user/agent) experience any of the stated/listed issue(s) at clause: 20, 20.1, 20.2, 20.3 and 20.4 you will hold Harrisontech Pty Ltd including the owners and developers including any of its business directors, licensees, licensors, franchisees, franchisors, resellers, contractors, developers and agents harmless at all times and recognise they are not committed to notify you. 21. CONFIDENTIAL INFORMATION 21.1: You (the purchaser/merchant/user/agent) must treat the development and supplied/leased web based online software as confidential information at all times and is to remain confidential and commercially valuable and will not use if for any purpose other than carrying out its duties or obligations under this agreement nor will you disclose any confidential information of the other party to any third person or company without the prior written consent of the owners and developers. 21.2: The merchant and/or business directors, licensees, licensors, franchisees, franchisors, resellers, contractors, developers and agents acknowledges that all confidential information is the property of the Harrisontech Pty Ltd and confidential to it and undertakes to use the supplied/leased web based online software as is intended to; but not take, borrow, show or deliver any part or content or source code from within the supplied/leased web based online software development and undertakes to keep confidential to themselves and will not divulge or disclose any part to any other person or corporation. 21.3: The merchant and/or business directors, licensees, licensors, franchisees, franchisors, resellers, contractors, developers and agents further acknowledges that each customer of the respective merchant and/or business directors, licensees, licensors, franchisees, franchisors, resellers, contractors, developers and agents is and shall remain their customer and is not to be approached unless otherwise agreed. 22. INTELLECTUAL PROPERTY RIGHTS 22.1: The supplied/leased web based online software is and will remain the Intellectual Property of Harrisontech Pty Ltd. This means the supplied/leased web based online software is copyright (including future copyright) and can not be used for any purpose either being part or fully than for the agreement in place, and will include trade marks (registered and unregistered), designs and patents (whether registered or registrable), semiconductor and circuit layout rights, trade, business and company names, trade secrets, or any other proprietary rights, and any rights to registration of those rights, whether created before or after the date of this Agreement, and whether existing in Australia or elsewhere. ACCEPTANCE NOTE:- If you (the purchaser/merchant/user/agent) click on the I ACCEPT button below you are accepting the terms and conditions to enter and use this supplied/leased web based online software for yourself or business you represent as a merchant and/or for business directors, licensees, licensors, franchisees, franchisors, resellers, contractors, developers and agents or third party including the use by end users of the supplied/leased web based online software. Once entered into this system you have undeniably accepted the supplied/leased web based online software terms and conditions including any updates that may be applied. IF YOU DO NOT AGREE If you (the purchaser/merchant/user/agent) do not agree with any part of this agreement DO NOT USE and click on the I DECLINE button below and refer your selling agent to give advice of your decision. To use any of the supplied/leased web based online software you must accept all terms and conditions which are non negotiable. To obtain any of our free web sites, you must web host your free web site with us for a 24 month period. Hosting rates and services (packs) are as follows: (you can upgrade to a higher pack at any time).
Terms and conditions apply to obtain one of the Harrisontech free web sites, these terms are as follows: The client (you) must agree to the following to obtain any of the Harrisontech free websites: 1:- Your new website is to be hosted with Harrisontech, so the client (you) must agree to web host the free website with Harrisontech for a minimum of 24 months (36 months for bundle pack offers). You can select from a range of stated Hosting Packages (packs) as listed above. 2:- Pay Hosting Fees monthly or part thereof in advance by credit card or direct debit (if pre arranged). 3:- Abide by the Data Supply requirements; refer 3.1.1 4:- No direct access will be given to the web-servers for a period of 24 months. 5:- Should default of payment occur the total amount owing for the 24 month period is to be paid in full and will incur a $55.00 service fee charge (non negotiable). 6:- Should default of payment occur in error, the web hosting service will be suspended immediately and without notice until the specified amount is paid in full. A $25.00 service fee will also be charged for re-connection (non negotiable). 7:- Free web sites consist of 6 web site pages with 6 images web readied and optimised as standard, plus logo. 8:- Additional web pages including, shopping, catalogues, bill payment systems, electronic forms, flash, animation and images etc, will incur extra charges being agreed to, prior to any additional work being performed. 9:- Your web hosting space provided with your free website is 100 megabytes of web space and includes 1gigabyte of data transfer per month calculated from the 1st of each month to the months. If the monthly data allowance is exceeded you will incur a monthly charge of $5.00 per gigabyte or part thereof. Most people do not exceed this data use limit, as your site would have to be used extensively to exceed these limits. 3.1.1 Data Supply Requirements: 3.1.1.1. All data that is to be included into the free web site must be supplied by way of electronic format being e-mail, word, power point, excel access, disc or similar to Harrisontech. 3.1.1.2. All pictures / images that are to be included into the web site must be supplied by way of electronic format being sent in; e-mail format, gif, jpeg, tiff. bmp, wbmp, png or animated gif and can be burnt onto disc and posted directly if so desired. All information can be posted to PO Box 4461, Robina Town Centre – Queensland Australia 4230. 3.1.1.3. Note: Should you require Harrisontech to scan, type, enter, convert, change or implement your data in any way or means; at your request, – agreed charges will apply. 3.1.1.4. Harrisontech will grant two (2) changes free of charge (for changes to data within the free web site) after the free web site has initially been exposed to the World Wide Web. 3.1.1.5. After the two free changes have been utilised, should a request for a change be forthcoming – charges will apply at a minimum fee of $25.00 per change. Web hosting and email services: 1. SERVER USE 1.1. Personal accounts are to be used by the account holder only. Personal account holders are not permitted sell, resell, store or give away web-hosting services of their website to other parties. Web hosting services are defined as allowing anyone other than the account holder to host content on the owner’s web site, with the exception of ad banners, classified ads, and personal ads. Harrisontech reserves the right to refuse service and /or access to its servers to anyone. Harrisontech do not allow any of the following content to be stored on its servers: 2. BANDWIDTH 2.1 Each site has an allocated bandwidth allowance. If the allocated bandwidth is exceeded the account holder is liable for the cost of the exceeded bandwidth amount and will incur a monthly charge of $5.00 per gigabyte or part thereof. 3. HIGH RESOURCE USER POLICY 3.1. Resources are defined as bandwidth and/or processor utilisation. 4. PAYMENT POLICIES 4.1. All accounts are set up on a prepay in advance basis. Although Harrisontech reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment is due on each yearly anniversary or monthly on the date the account was established. 5. PAYMENT OPTIONS 5.1.In order to streamline our accounting procedures and keep costs down Harrisontech runs a limited number of payment options being Credit / Debit Cards – Mastercard, Visa and Bankcard, American Express and Diners Club including Direct Debit with selected banks within Australia. A credit / debit card number will still be required if customers require the facility to purchase domains and other services on-line. 6. 30 DAY TRIAL 6.1. For customers opening their first account the initial 30 days are available on a trial basis. 7. CANCELLATION AND REFUNDS 7.1 Harrisontech reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes these terms of service, a no refunds of any kind will be given. 8. DOMAIN NAMES 8.1. The customer shall be given a free domain name with bundle pack offers as per the terms and conditions. 9. EXTRA CHARGES 9.1. Extra charges apply under the following terms: 10. GOVERNING LAWS 10.1. This agreement shall be governed in all respects by the laws of Queensland Australia. The parties to irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland Australia. 11. SEVERABILITY 11.1. ach provision of this agreement including these terms of service is severable and if provisions of this agreement or Terms of service are held to be invalid or unenforceable such provisions may be removed and the remaining provisions may be enforced. 12. INDEMNIFICATION 12.1. The Customer agrees that it shall defend, indemnify, save and hold Harrisontech harmless from any and all demands, liabilities, losses, costs and claims, including legal costs (on an indemnity basis or solicitor/client basis, whichever is higher) claimed or asserted against Harrisontech, its agents, its customers, officers and employees, that may arise or result from any service provided or omitted, performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless Harrisontech against liabilities arising out of; 13. DISCLAIMER 13.1. Harrisontech will not be responsible for any damage, loss or liability the customer or any third party may suffer. Harrisontech makes no warranties of any kind, expressed or implied for services we provide. 14. SERVICE SUPPLY 14.1. Harrisontech provides World Wide Web page hosting. Harrisontech reserves the right to suspend or cancel a customer’s access to any or all services provided by Harrisontech when Harrisontech decides (at its absolute discretion) that the account has been inappropriately used or otherwise.
1. Introduction 2. What Information Do We Collect? 3. How Do We Use Personal Information We Have Collected? 4. Security 5. Other Disclosure By You 6. How To Access & Correct Your Personal Information 7. Children’s Privacy 8. Complaints 1. Following is a copy of the terms and conditions that you must agree to, to receive our bundle pack offer. This is an extract from the web terms and conditions, and is subject to change without notice, therefore is advisable to regularly check the terms: 1.2. The term for bundle pack are 36 months where stated and the term of 36 months can also apply for one off services/product special offers. 1.3. The free domain name offer is valid for 2 years. Harrisontech will supply the domain name of your available choice to your for two (2) years at no cost to you. After the initial 2 years when the renewal of the domain name is due it then becomes the responsibility of the domain name holder. Domain names must be searched and order requested at http://www.harrisontech.com.au Terms & Conditions For VoIP Service & Supply including Hardware/Equipment Supply Terms and conditions apply for the hardware.equipment supply, installation and service provision including VoIP services to the company, business, person or persons, client, customer, group, organisation, or any other person or persons authorised to act (referred to as “the Client”). The Client will have a separate signed agreement in place relative to their VoIP installation known as (“the Agreement”). Following are the terms and conditions for the following sections: VoIP Service & Supply inc Lease and Rental VoIP Service & Supply 1 TIME OF COMPLETION 1.1. The Services shall be commenced as soon as feasibly possible and only after the first payment has been received and funds cleared. Once funds are cleared all equipment will be ordered immediately, and then sent to technical staff to be configured. 1.2. Once configuration has taken place all equipment will be posted to your facility for installation by you onsite or by an installer should you have selected this option. 2 EXPENSES The Client agrees to reimburse all reasonable expenses authorised in advanced by the Client for any unforeseen expenses that may be incurred in the connection of the VoIP system/network where it is not listed with your Agreement. 3 INDEPENDENT CONTRACTOR Technical consultants are independent contractors and not an employee of the Client, and unless otherwise stated within your Agreement, are not entitled to any of the benefits normally provided to the employees of the Client. 4 CONFIDENTIALITY 4.1. The Consultant and its employees including any contractors acknowledges that he/she may have access to the Client’s confidential and proprietary information. Such confidential information may include, without limitation: 4.2. All parties involved agree to not disclose to any other person (unless required by law) or use for personal gain any Confidential Information at any time during or after the term of the Agreement, unless Client grants express, written consent of such a disclosure. In addition, all parties involved will use his/her best efforts to prevent any such disclosure. 4.3. Confidential Information will not include information that is in the public domain, unless such information falls into public domain through Consultant’s unauthorised actions. 5 OWNERSHIP OF PREPARED MATERIALS 5.1. Unless otherwise stated within the Clients agreement, all physical hardware received by the Client is solely owned by the Client (referred to as the “Prepared Materials”). 5.2. The Consultant hereby assigns and transfers any and all rights, title and interest that he/she may have in the Prepared Materials, including any rights under copyright law, to the Client. The Consultant agrees to assist the Client, upon request, by taking any reasonable action that may be necessary for the perfecting, securing and completing of these rights. The Prepared Materials do not, however, include any items or materials that pre-existed the Agreement (“Pre-existing Materials”) and does not include allocated telephone numbers and the virtual PBX being operated from within the Harrisontech control panel. The Consultant hereby gives the Client a nonexclusive, worldwide, royalty-free license to use, execute, display or perform any Pre-Existing Materials included or contained in the Prepared Materials. 5.3. The virtual PBX and allocated telephone numbers including channels are operated under and within the Harrisontech controlled virtual control panel and the numbers including channels is supplied to the Client within the monthly service fee. Extra channels and lines will incur extra expenses. All calls made from the supplied line(s) and channel(s) including any expenses associated with the service supply number(s) and channel(s) will be paid by direct debit request, requested by Harrisontech from the Clients nominated bank account monthly. A copy of the calls and charges will be provided to the Client as the same time the direct debit request is made. 6 LIABILITY 6.1. Other than for a breach of this agreement Harrisontech shall not be liable to you for any loss or damage including without limitation, consequential loss or damage suffered by you whether arising directly or indirectly from the supply of any goods or services under the agreement. 6.2. Where the law implies any term in the agreement, which cannot by law be excluded, then that term is included in the agreement. Harrisontech’s liability for any breach of such an implied term will be limited, at our option, to the following: 6.2.1. in the case of the provision of services to the supplying of those services again, or the reasonable cost of supplying those services again; and 6.2.2. in the case of the provision of goods to the replacement of those goods or the supply of equivalent goods (or the reasonable cost of the same, the repair of those goods or the reasonable cost of repairing those goods). 6.2.3. Without limiting subclause 6.1. Harrisontech shall not be liable to you: 6.2.4. for any transaction disputed by any person in any way or manner; 6.2.5. for any claims resulting from fraudulent use of a personal credit card number or a credit card; and/or 6.2.6. any breach of the Financial Institution Agreement. 6.2.7. In no event will Harrisontech be liable to you for any remote, indirect consequential special or incidental damages, including without limitation, damages resulting from loss of data, loss of profits or business interruption or cost of cover, whether based on breach of contract, tort (including negligence), product liability or otherwise. This limitation will apply even if Harrisontech have been advised of the possibility of such damages. 6.2.8. Regardless of the form of action our aggregate liability to you for all claims by you against Harrisontech arising under the agreement or our performance of the agreement shall not exceed the monthly sum paid to Harrisontech by you under the agreement. 6.3. If at any point in time you (the “Client”) decides to move, transfer, sell, close, wind-up, cease, rename, rebrand or give away your business the current Agreement remains in place until it is paid out to Harrisontech in full including the return of all equipment back to Harrisontech in good clean working order and condition. This applies to leased and or rented equipment only. 6.3.1. When or if equipment is returned or repossessed and the hardware supplied is not complete as to the original order supplied to the Client and is not in good clean working order, then you the Client is liable to replace the equipment with new. 6.3.2. If your business is moved, transferred, sold, closed, wound-up, ceased, renamed, rebranded or given away to a new entity or location, whether the new entity takes over the operating name or restructures with a new operating name it is the Client’s responsibility to ensure they are clear with the Agreement the Client has in place with Harrisontech and it will transfer automatically to them if you allow and request new operating details and or bank account details to be changed. 6.3.3. If the new Client defaults on payment the original Client and Director will be liable for the remainder of the term with Harrisontech and you the Client accept that you will incur all recovery and legal action costs incurred by Harrisontech to recover the outstanding amounts as a private individual or existing or new business owner. By accepting these terms and signing a new agreement you are also accepting and providing Harrisontech a Directors Guarantee. 6.3.4. Should the client default in payment, Harrisontech has the right to disable any services operating from their leased and or rented hardware. If the default payment is not rectified within 24 hours or as otherwise agreed Harrisontech has the right to enter onsite without notice and repossess all leased and or rented equipment. The equipment will only be returned once all payments have been made in full. To reinstall equipment will incur charges to the Client at standard industry rates. 6.3.5. If equipment is repossessed the Client is still liable to pay out the remainder of the Agreement term(s). 6.3.6. We request written advice of new ownership or closure of business, plus where necessary a new debit request form or signed letter head of the previous Client is to be completed for payment. 6.3.7. If you do not agree to this liability to commit to the term, terms and conditions, do not sign the Agreement to proceed. 7 SERVICES 7.1. For the supply of your VoIP service(s), you being the Client will engage multiple service providers who are required to supply the services you require. Some of the main suppliers of the services are Harrisontech, Engin and GoTalk (referred to as “the Consultant”) who can jointly provide you equipment, sales support, technical support and VoIP provision services as a whole. 7.2. The Consultant will not provide any equipment or service whatsoever unless you accept all the terms and conditions of use including the Agreement supplied to you. 7.3. If any provision of the agreement is held invalid, unenforceable or illegal for any reason, these terms and conditions shall remain otherwise in full force apart from such provision which shall be deemed deleted. 8 TERMINATION 8.1. Termination will be as per any attached Agreement schedule or term stated. 82. This agreement can be terminated by Consultant should you breach any of the clauses stated within as the clauses are the terms and conditions of use to utilise the use of the supplied service(s). If there is no written and/or signed Agreement(s); then acceptance of this Agreement applies. 9 RETURN OF PROPERTY 9.1. Upon termination or completion of this Agreement, the Consultant will promptly return all Client property, drawings, documents and other tangible manifestations of Confidential Information (and all copies and reproductions thereof). 9.2. In addition, the Consultant will return any other property belonging to Client including without limitation: computers, equipment, office supplies, money and documents. 10 CONTINUING OBLIGATIONS Notwithstanding the termination of this Agreement for any reason, the provisions of this and the supplied Agreement will continue in full force and effect following such termination. 11 CONSULTANT’S EMPLOYEES AND CNTRACTORS To the extent required by law, the Services shall be performed by individuals duly licensed and authorized by law to perform the Services. 12 CONSULTANT’S INSURANCE Consultant warrants that he/she is adequately insured for injury to him/herself or his/her employees incurring loss or injury as a result of the acts of Consultant or its employees. 13 BINDING EFFECT The covenants and conditions contained in these terms and your Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties. 14 WAIVER The failure of either party to enforce any provisions of the Agreement shall not be deemed a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement. 15 FORCE MAJEURE 16 GOVERNING LAW The agreement and these terms and conditions shall be governed in all respects by the laws of Queensland Australia. The parties to irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland Australia. 17 GUARANTEE 17.1. There are standard guarantee terms for supplied equipment by the manufacturer including the pre-configured router supplied being 12 months from date of purchase from the manufacturer. Should you experience a fault with hardware such as telephone, router or modem the Consultant may wish to loan a replacement piece of equipment until the repaired or new equipment arrives. 17.2. Quality of VoIP services is very dependant on ISP networks and internal traffic usage and the right ISP plan. We strongly recommend you use a Peer with Pipe network provider with a minimum 512/512 upload/download for ISP services to maintain voice quality. For virtual PBX service supply, call quality and broadband services the Consultant will not and does not offer any guarantee or guarantees whatsoever including any form of guarantee for monetary returns and clearly states: 71.3. If any operating loss or any monetary loss is sustained over any period the Consultant will not refund any loss or losses; 17.4. There are no Guarantees, but all reasonable endeavours will be taken to ensure the configuration of the service supply is at its optimum at all times. 18 UPTIME 18.1. As the supplied service operates from web servers and data centres, the person or company using the service(s) needs to be aware and accept things can go wrong from time to time with servers and data centres (these are what allow the services to operate) although the expected uptime is 99% or higher there may be times when the purchaser of the service may not be able to access or use the supplied service due to a problem outside of our control. 18.2. The supplied service is supplied with the upmost integrity and good faith and has been extensively tested and tried. Should for any reason you experience a fault where the supplied service may not be functional to a satisfactory standard required; should this extremely rare occasion occur no responsibility or liability will be directed to the Consultant’s and providers of any of the services supplied. Note: Policy 1 – standard document for virtual services with purchased hardware Policy 1 (used for virtual services) Terms and conditions apply for the supply, installation and service provision of VoIP services to the company, business, person or persons, client, customer, group, organisation, or any other person or persons authorised to act (referred to as “the Client”). The Client will have a separate signed agreement in place relative to their VoIP installation known as (“the Agreement”) 1 TIME OF COMPLETION 2 EXPENSES 3 INDEPENDENT CONTRACTOR 4 CONFIDENTIALITY 5 OWNERSHIP OF PREPARED MATERIALS 6 LIABILITY 7 SERVICES 7.2. The Consultant will not provide any equipment or service whatsoever unless you accept all the terms and conditions of use including the Agreement supplied to you. 8 TERMINATION 9 RETURN OF PROPERTY 10 CONTINUING OBLIGATIONS 11 CONSULTANT’S EMPLOYEES AND CONTRACTORS 12 CONSULTANT’S INSURANCE 13 BINDING EFFECT 14 WAIVER 15 FORCE MAJEURE 16 GOVERNING LAW 17 GUARANTEE 18 UPTIME Policy 1 (used for rental or lease supply) Terms and conditions apply for the supply, installation and service provision of VoIP services to the company, business, person or persons, client, customer, group, organisation, or any other person or persons authorised to act (referred to as “the Client”). The Client will have a separate signed agreement in place relative to their VoIP installation known as (“the Agreement”) 1 TIME OF COMPLETION 2 EXPENSES 3 INDEPENDENT CONTRACTOR 4 CONFIDENTIALITY 5 OWNERSHIP OF PREPARED MATERIALS 6 LIABILITY 7 SERVICES 7.2. The Consultant will not provide any equipment or service whatsoever unless you accept all the terms and conditions of use including the Agreement supplied to you. 8 TERMINATION 10 CONTINUING OBLIGATIONS 11 CONSULTANT’S EMPLOYEES AND CONTRACTORS 12 CONSULTANT’S INSURANCE 13 BINDING EFFECT 14 WAIVER 15 FORCE MAJEURE 16 GOVERNING LAW 17 GUARANTEE 17.2. Quality of VoIP services is very dependant on ISP networks and internal traffic usage and the right ISP plan. We strongly recommend you use a Peer with Pipe network provider with a minimum 512/512 upload/download for ISP services to maintain voice quality. For virtual PBX service supply, call quality and broadband services the Consultant will not and does not offer any guarantee or guarantees whatsoever including any form of guarantee for monetary returns and clearly states: 18 UPTIME SCHEDULE OF TERMINATION Termination will result in either of the following: Should the client be in breach of their agreement the Consultant has the right to terminate and repossess their equipment when deemed necessary to do so. Should repossession of hardware, equipment and materials occur the client will be liable for any outstanding monies owed to the Consultant including any costs incurred by the Consultant to recover outstanding monies and debt and remaining term payments. Upon termination of the agreement between the Consultant and the Client the client agrees to the following: The client will return to the Consultant all hardware and equipment including power leads, power boards, cables, paperwork, manuals and any other supplied and relevant material in good working order to the address the Consultant advises the Client within Australia. The equipment is to be clean and undamaged excluding fair wear and tear. Should the hardware, equipment and materials be damaged in anyway outside of fair wear and tear it is the responsibility of the Client to pay for the replacement of damaged equipment. Should any hardware, equipment or materials be missing when repossessed or returned to the Consultant by the Client, the Client will be liable to pay for replacement of any missing hardware, equipment or materials including any costs incurred to recover or replace equipment. If the Client does not agree to any of the terms and conditions, or any of the termination requirements DO NOT SIGN THE AGREEMENT. Equipment Installation and Ownership Terms Terms and conditions apply for the supply and installation of all hardware and/or equipment including materials and service to the company, business, person or persons, client, customer, group, organisation, or any other person or persons authorised to act (referred to as “the Client”). The Client will have a signed agreement in place relative to their purchase of hardware, materials and equipment VoIP installation known as (“the Agreement”) 1. All hardware and/or equipment including materials and service supplied by Harrisontech Pty Ltd/Consultant will remain the property of Harrisontech Pty Ltd/Consultant until it is paid for in full. 2. Should the Client pay a deposit regardless of the amount, this does not give the Client ownership of the hardware and/or equipment including materials and service until the Agreement amount is paid to Harrisontech Pty Ltd/Consultant in full and cleared. 3. The client agrees that non-payment to Harrisontech Pty Ltd/Consultant by the agreed terms, then Harrisontech has the right to enter the premises where their hardware and/or equipment including materials and service has been installed to reclaim all hardware and/or equipment including materials regardless of the circumstances. 4. The Client can not relocate any of the hardware and/or equipment including materials and service to any other location until the Agreement amount is paid to Harrisontech Pty Ltd/Consultant in full and cleared. 5. The Client can not sell, lend lease, rent, hire, pass on or give away the hardware and/or equipment including materials and service to any other location until the Agreement amount is paid to Harrisontech Pty Ltd/Consultant in full and cleared. If the Client does not agree to any of the terms and conditions, or any of the termination requirements DO NOT ACCEPT THE AGREEMENT. When we install a phone system we uniquely provide five business days of free support, directly from the day of installation. The reason we offer this support is that we believe it is ample time for you as the client to assess the functionality, and to ensure all is working to your satisfaction. After the free five days support has elapsed there is no more free support and a support package will be required. Harrisontech will support its own installations and quality of work 100%. Should we find an issue, which would be directly related to the quality of workmanship by a Harrisontech member, the repair/service will be performed at no charge and you will be advised of the situation accordingly? Support options are: 2. Purchase a pre-paid support package usable in 15-minute increments (economical method) 3. Pay as you go, credit card must be supplied (more expensive method). We strongly suggest you ensure your ‘What If Plan’ is in place should this rare occurrence happen to ensure there is minimal disruption to your business. 4. Support charges will also apply for all support via phone. Should you be seeking advice on performing changes yourself, training charges will apply and is only available by credit card in advance. 5. Please be advised that support will be denied unless one of the above support options has been purchased. 6. For us to assist you faster and to keep the costs down, please provide us with as much detailed information as possible. 7. Although we may suggest an ITVSP and ISP for you to use to fit within your business circumstance, we take no responsibility for any issues that may arise as this is completely out of our control. We also take no responsibility for the account provider regardless if it is the likes of Telstra, Optus, Engin etc… As their services supplied are again completely our of our control. 8. If you or another party tamper with, modify or adjust any of the equipment and or settings (without our consent) from when we have installed and configured the equipment, we can take no responsibility whatsoever and charges will apply to rectify any issues, and some circumstances may even void your warranty. 9. Unless the installer is qualified, it is illegal to tamper with the telephone lines into the building including data cables and points, as this requires an ACMA (Australian Communications and Media Authority) registered technician such as Harrisontech personnel. Due to strict requirements put upon us, proof of the accredited cable and data installer (person who cabled your site) must be provided if requested (must have an ACMA license. 10. Any new or add on requests will be charged at support rates, plus any equipment used or supplied, this also includes any firmware updates. 11. Product and hardware warranty is a standard twelve months from date of purchase unless you have selected an extended warranty service. All products and hardware is a back to base warranty, therefore charges will apply for on-site access, labour and freight. Options to purchase an extended warranty on equipment purchased is available within the first 6 months, and a further option for next day delivery of hardware is also available for purchase. We ask all clients to please go via the correct channels when seeking support (being landline numbers or email ticket system) as your support request will be handled promptly using these correct channels. Please do not call mobiles as this is not the correct procedure to go through for support, due to the nature of our work we do not take mobiles with us a lot of the time as it is inconvenient on certain sites. Support – The direct support numbers are: Access to our support ticket system is at http://www.harrisontech.com.au/ticket/ To purchase a support package please visit http://www.cart.com.au/harrisontech/view/9/502236/ A “what if plan” needs to be put in place! What if you have an outage such as power, Internet or VSP? Therefore you need to consider what you will and can do should this type of situation arise. We always recommend – regardless what sort of telecommunication connection(s) you have and which provider(s) you use you should always ensure you have a ‘what if plan’ in place. If the Client does not agree to any of the terms and conditions, or any of the termination requirements DO NOT ACCEPT THE AGREEMENT. We Are Here – Terms and Conditions including User Agreement 1. We Are Here – Search Engine Friendly Directory Service being (the “Service Provider”) and its associated websites being (the “Material”) are accessible within Australia and worldwide to anyone who has internet access. Granting access to use of the services supplied by the Service Provider and the Material within are subject to the terms and conditions of this User Agreement and is copyright to Harrisontech Pty Ltd. 1.1. By accessing and using all services supplied by the Service Provider and using the Material you accept, all applicable laws and regulations, including laws and regulations governing copyright and trademark without limitation or qualification, and all of the terms and conditions in this User Agreement. 1.2. Harrisontech Pty Ltd advises any third party being the reseller(s), agent(s), franchisee(s), franchisor(s), contractor(s), licensee(s), licensor(s), business director(s) including merchant(s) and any person(s), body(s), business(s), company(s), active directory member(s), non active directory member(s) or any other legal entity that will utilise the Harrisontech Pty Ltd developed We Are Here service reserves the right to change these terms and conditions at anytime. The changes will appear on this webpage address. By using the services provided by the Service Provider and the Material, you agree in advance to accept any changes. 2. We Are Here a division of Harrisontech Pty Ltd is the Service Provider of the Material that is made available to view, use and download from this and other web servers managed and owned by Harrisontech Pty Ltd, and is the copyrighted work of Harrisontech Pty Ltd. Use of the Material and its applications is governed by the terms as stated and shown within this agreement. 2.1. All information used and displayed by the Service Provider and the Material, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of Harrisontech Pty Ltd. 2.1.1. Those entries published by third parties being active directory member(s) are protected by copyright, trademark and other laws and are the property of Harrisontech Pty Ltd or the active directory member(s) respectively. 2.1.2. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of Harrisontech Pty Ltd or the appropriate active directory members respectively. 3. The Service Provider and the Material may contain information, facts and opinions from various individuals and organisations. The Service Provider and the Material are provided in good faith and the Service Provider including all its associated interests is held harmless at all times. Harrisontech Pty Ltd will take all care we deem possible but accept no responsibility. 3.1. The Service Provider and its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees has the right to cancel or suspend any active directory member(s) should it be deemed the active directory member is being dishonest or performing or displaying material that is not deemed appropriate. At all times the Service Provider and the Material will be held completely harmless to Harrisontech Pty Ltd and its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees including any infringements created by the active directory member(s) content. 3.2. The active directory member(s) agree not to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law. The active directory members will be responsible for, and indemnify and hold harmless Harrisontech Pty Ltd, its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees against, any claim arising from any material that you post or transmit. You acknowledge that Harrisontech Pty Ltd and its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees do not control the information available or displayed on the web and it is the complete responsibility of the active directory member(s) at all times. 3.4. Any communication or material you post or transmit to the Service Provider and/or the Material is, and will be treated as, non-confidential and non-proprietary. You assume full responsibility for anything you post or transmit, and you grant Harrisontech Pty Ltd and its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees the right to request to you to change, edit, delete or post Material if it is deemed necessary. This request is non negotiable as it is at the discretion of Harrisontech Pty Ltd and its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees. 4. To use the Service Provider services and hardware including the Material is at your own risk. Neither Harrisontech Pty Ltd, nor any of its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees shall be liable to you or anyone else for any loss or injury or any direct, indirect, incidental, consequential, special, punitive or similar damages arising out of your access or use of, or your inability to access or use, the service and the sites and the information available on the service and the sites or arising out of any action taken in response to or as a result of any information available on the service and the sites. You hereby waive any and all claims against Harrisontech Pty Ltd, and its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees arising out of your use of the service and the Material and the information available thereon. 4.1. Harrisontech Pty Ltd and its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees do not review or monitor any websites linked to the Service Provider and the Material, and are not responsible for the content of any such linked websites. Your linking to such websites is at your own risk 4.2. You should be aware that if you voluntarily disclose personal information such as name and email address on the We Are Here search engine friendly directory services listing on any other user or member generated pages, that information can be collected and used by others and may result in unsolicited messages from other parties. 4.3. This User Agreement and any disputes arising out of or related to the Service Provider and the Material shall be governed by, and construed and enforced in accordance with, the laws of the Australia Government. 5. The names of actual companies and products listed in the We Are Here search engine directory service websites or affiliated websites may be the trademarks of their respective owners. The example companies, organisations, products, people and events depicted herein are fictitious. No association with any real company, organisation, product, person, or event is intended or should be inferred. 6. Fees vary depending on the customer requirements; this applies to services outside the standard offerings. All fees are to be paid one year in advance by direct debit request with direct debit authorisation for each yearly renewal when the anniversary date falls due. 6.1. Credit card use will incur a surcharge as additional work is required to maintain and manage credit card accounts. By using direct debit will accord you a saving of approximately $26.00 per year for the standard We Are Here directory offer. 6.2. Please select carefully as we do not give refunds regardless of circumstances. 7. We offer no warranty: 7.1. As the We Are Here service operates from web servers and data centres, you are aware and accept things can go wrong from time to time with servers and data centres (these are what allow web services to operate and products to display on the web) and hold Harrisontech Pty Ltd including its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensee harmless at all times should this occur, although the expected uptime is 99.9% or higher there may be times when you may not be able to access the service due to a problem or issue outside of their and our control 7.2. The web based online software was built and developed with the upmost integrity and good faith and the software has been extensively tested and tried. Should for any reason you experience a fault where the online software may not be functional to a satisfactory standard required; should this extremely rare occasion occur no responsibility or liability will be directed to the owners and developers its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees of any service. 7.3. Security is of the highest priority and has been considered throughout the development of this online software and should the online software be subject to a malicious attack or attacks by a corrupt third party source; the services for the online software may be suspended for a short period of time whilst action is taken to rectify, recover and/or restore the data and/or system files. If in the extreme rare occasion where a malicious attack may take place and the data and/or system files have been damaged or lost then the system will be restored to the most recent backup taken and may mean some current data may be lost and not recoverable. The owners and developers will monitor security requirements and take necessary steps to endeavour to provide a hassle free service. 7.4. Harrisontech Pty Ltd along with its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees may perform system upgrade(s) and/or maintenance as deemed necessary when and as required. This may result in a slowing of the service and/or a short suspension of the service whilst the upgrade or maintenance takes place. Upgrades and maintenance does not reflect in the expected uptime of 99.9% as it is classed as an essential service. 8. Harrisontech Pty Ltd and its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees will not and does not offer any guarantee or guarantees whatsoever including any form of guarantee for monetary returns and clearly states: 8.1. If any operating loss or any monetary loss is sustained over any period, Harrisontech Pty Ltd along its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees will not refund any loss or losses and be held harmless at all times; 8.2. There are no guarantee(d) terms for all services offered by Harrisontech Pty Ltd and its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees for the We Are Here search engine friendly directory service. 8.3. Although we are confident with our directory product, we can not guarantee you placement and ranking on search engines. The We Are Here product was developed in good faith and we have tested its ability to produce and report exceptional results. We will always endeavour to constantly maintain and build quality products for a results driven success to our customers. 9. This agreement can be terminated at anytime for active directory member(s) who have purchased a yearly subscription. Should a member elect to cancel during their or any twelve month term no refund will be given for any remaining month(s). 10. Other than for a breach of this agreement we shall not be liable to you for any loss or damage including without limitation, consequential loss or damage suffered by you whether arising directly or indirectly from the supply of any goods or services under this agreement. 10.1. Where the law implies any term in this agreement, which cannot by law be excluded, then that term is included in this agreement. Our liability for any breach of such an implied term will be limited, at our option, to the following: 10.1.1 in the case of the provision of services to the supplying of those services again, or the reasonable cost of supplying those services again; and 10.1.2. in the case of the provision of goods to the replacement of those goods or the supply of equivalent goods (or the reasonable cost of the same, the repair of those goods or the reasonable cost of repairing those goods). 10.1.3. for any transaction disputed by any person in any way or manner; 10.1.4. for any claims resulting from fraudulent use of a personal credit card number or a credit card; and/or 10.1.5. any breach of the Financial Institution Agreement. 10.2. In no event will we be liable to you for any remote, indirect consequential special or incidental damages, including without limitation, damages resulting from loss of data, loss of profits or business interruption or cost of cover, whether based on breach of contract, tort (including negligence), product liability or otherwise. This limitation will apply even if we have been advised of the possibility of such damages. 10.3. Regardless of the form of action our aggregate liability to you for all claims by you against us arising under this agreement or our performance of this agreement shall not exceed the monthly sum paid to us by you under this agreement. 11. You must treat the development and supplied online software as confidential information at all times and is to remain confidential and commercially valuable and you will not use if for any purpose other than carrying out its duties or obligations under this agreement nor will you disclose any confidential information of the other party to any third person or company without the prior written consent of the owners and developers. 11.1. You acknowledge that all confidential information is the property of the Harrisontech Pty Ltd and confidential to it and undertakes to use the We Are Here online software as is intended to; but not take, borrow, show or deliver any part or content or source code from within the We Are Here online software development and undertakes to keep confidential to themselves and will not divulge or disclose any part to any other person or corporation. 11.2. You further acknowledge that each customer of Harrisontech Pty Ltd is and shall remain their customer and is not to be approached unless otherwise agreed. 12. The We Are Here online software is and will remain the Intellectual Property of Harrisontech Pty Ltd. This means the We Are Here online software is copyright (including future copyright) and can not be used for any purpose either being part or fully than for the agreement in place, and will include trademarks (registered and unregistered), designs and patents (whether registered or registrable), semiconductor and circuit layout rights, trade, business and company names, trade secrets, or any other proprietary rights, and any rights to registration of those rights, whether created before or after the date of this Agreement, and whether existing in Australia or elsewhere. Any rights not expressly granted herein are reserved. |
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Digital Signage Terms and Conditions
By using the Harrisontech Pty Ltd Digital Signage service (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
The Service is provided by Harrisontech Pty Ltd (Harrisontech) and its Divisions with a postal address of PO Box 4461, Robina Town Centre, Queensland 4230. Digital Signage is provided through Harrisontech via its UView Digital Signage product suite/service.
Harrisontech reserves the right to update and change the Terms of Service from time to time without notice. Any new features that expand or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. Harrisontech may use a variety of digital signage products which are available from other digital signage providers to meet customer needs and demands. These provider terms and conditions must be honoured at all times. Mostly Harrisontech will manage these services for you as complexities can be overwhelming.
Violation of any of the terms below will result in the termination of your Account. While Harrisontech prohibits such conduct and content on the Service, you understand and agree that Harrisontech cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Sections titles below are for informational reasons only and do not alter the meaning of the individual terms therein.
Accounts Terms & Conditions
- Managed Services and accounts by Harrisontech do not permit online access to the player software. All changes and updates are performed by Harrisontech in a timely manner unless a schedule is determined and agreed upon. You are liable for the Internet security at your premises.
- With managed Services the purchase of our digital signage player (Player) is required or you can lease a pre-configured player supplied for the minimum term. If the lease option is selected then the Player is the property of Harrisontech and is to be returned to Po Box 4461, Robina Town Centre Queensland 4211 upon cancellation of the service. Failure to return the Player, power supply will result in a $299 ex GST Player charge.
- Installation of the Player is the responsibility of the client being you. Remote support is available if required.
- Online accounts and self-managed accounts you must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- When using non-managed Services and you are asked by the Service, you must provide your legal full name, a valid email address, and any other information requested in order to proceed. Provide dummy or false information is strictly prohibited. This entity will be registered as the Account Holder.
- Your login may be used by more than one person. The Service does not prevent multiple simultaneous logins but cannot be held liable for any security issues that arise from such use. You confirm that all persons that you provide access to your Account have agreed to these Terms.
- You are responsible for maintaining the security of your player, your account and password. Harrisontech cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You, the Account Holder, and all users that you have provided access to your Account, are responsible for all Content posted and broadcasted, as well as all activity that occurs under your Account.
- You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment, Refunds, Upgrading and Downgrading Terms for the Service
- A valid credit card, direct debit, PayPal or Stripe account is required for paying accounts and/or purchasing Physical Goods.
- All payments through our website are cleared via the Stripe.com payment service. In some cases, your credit card company may decide to perform an independent check to verify your identity in order to help combat fraud.
- The Service is billed in advance on a monthly or annual basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade or downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees and payments are exclusive of GST and all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
- For any upgrade or downgrade in plan level (that is, the maximum number of monitors that you can manage through the Service), the credit card that you provided may be automatically charged instantly or on the next billing cycle. You are responsible for providing up to date credit card information to the Service so that a charge does not fail, leading to service disruption.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Harrisontech does not accept any liability for such loss.
Purchasing Physical Goods
- All transactions should be carried out online, through your Account. In carrying out any such transaction, you are agreeing to purchase the product(s) in your order for the stated price in accordance with these Terms & Conditions.
- Harrisontech reserves the right to discontinue or alter the supply of any product at any time, and to cancel any sale under reasonable conditions, at its sole discretion. In the event of Harrisontech having to cancel an order prior to shipping, the customer will be refunded the total payment for the product(s).
- Any group of products paid for by a single payment method on one occasion will be deemed an order. Each individual order will be dealt with separately and may be shipped partially depending in the circumstances.
- Harrisontech’s services and systems are regularly maintained and updated to the best of Harrisontech’s ability to ensure the provision of accurate information. Nevertheless, Harrisontech cannot always guarantee continued availability of all items and services and occasionally a product or service may become unobtainable owing to circumstances beyond Harrisontech’s control. In such situations, Harrisontech will notify you as soon as possible and you will be given the opportunity to review your order and, if you choose to cancel the sale, to receive a refund for the item or services in question.
- Harrisontech cannot process or dispatch your order until the full payment sum for setup and/or device(s) has been cleared.
- Harrisontech will endeavour to process and dispatch your order as soon as possible. Generally, you should allow a few working days from order until dispatch. While we aim to provide a good forecast of delivery date, it should be remembered that these are estimates and we cannot be held liable for any loss arising from a late delivery.
- We cannot guarantee delivery in the periods specified.
- For detail on shipping and delivery, please contact us.
The Service and Physical Goods
- Harrisontech provides a Player and its power supply for the Service and provides the required playback capabilities. The connecting lead from the player to the display is the responsibility of the client, however Harrisontech can supply this upon request.
- Harrisontech retains the right to adjust its price as exchange rates fluctuate and Harrisontech’s purchase prices from vendors change.
- Depending on the service selected Harrisontech may provide Player units at no cost, along with a prepaid annual subscription to the Service. In such case, the payment is provided for the access to the Service and is subject to Service-related terms, while the Physical Goods are provided for free the Player remains the property of Harrisontech. Thus, the Service annual fee is non-refundable, even if you choose to return the Physical Goods acquired through this process.
- With managed Services the purchase of our digital signage player (player) is required or you can lease a pre-configured player supplied for the minimum term. If the lease option is selected then the player is the property of Harrisontech and is to be returned to Po Box 4461, Robina Town Centre Queensland 4211 upon cancellation of the service. Failure to return the player, power supply will result in a $299 ex GST player charge..
Health & Safety
- All physical goods should be used in accordance with manufacturing guidelines and you are advised to read carefully all literature that accompanies your purchase(s) and use each product only for the purpose intended by the original manufacturer.
- Harrisontech accepts no responsibility for any death or injury to any person(s), or damage to property, arising from use or misuse of products or services supplied or purchased.
- In the event of doubt as to correct usage, you are advised to contact the original manufacturer directly with any queries before using the product(s) or contact Harrisontech support.
Service Cancellation and Termination
- You are solely responsible for properly cancelling your Account. Please send a cancellation request email to accounts@harrisontech.com.au. Note: unless a return email or phone call is received back to you the request to cancel your account is not considered cancellation. We would suggest a follow up phone call.
- If you cancel the Service before the end of your current paid up month or year, your cancellation will take effect by the end of your current paid month or year and you will not be charged again. No refunds will be issued.
- Harrisontech, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account.
- Service cancellation does not entitle you to any kind of additional Physical Goods return rights or refund rights.
- Harrisontech reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Service Prices
- Harrisontech reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all parts of the Service, including but not limited to monthly and annual subscription plan fees to the Service, are subject to change upon a 30 days’ notice from Harrisontech. Such notice may be provided at any time by posting the changes to the Service itself.
- Harrisontech shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- Harrisontech shall not claim any intellectual property rights over the media and content you provide to the Service. Your profile and materials uploaded remain yours.
- You are solely responsible for any content that you broadcast or display through the Service. You hereby confirm that you are authorized or licensed to display any media, content, data and information you provide to the Service, in the way that the Service reproduces it.
- Harrisontech does not pre-screen Content, but Harrisontech and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is broadcasted via the Service.
- All code and content provided to you by Harrisontech through the Service, is copyrighted and no other use, besides through the Service, is allowed.
- All code, content and information provided by you to Harrisontech through the Service, will not be used by Harrisontech outside the scope of the Service. Harrisontech will not disclosure any type of information to any 3rd party without your explicit written consent, except a) the fact that you are using the Service, b) incorporating your usage patterns into reports and statistics about the Service.
- In case of customisations (including, but not restricted to, custom Widgets) developed by Harrisontech, all relevant code and content provided is copyrighted by Harrisontech, unless otherwise expressly stated by Harrisontech in writing.
- Harrisontech may review customisations (custom Widgets) you have uploaded for screening unlawful derivative works from existing code copyrighted by Harrisontech. By uploading such derivative works, you grant Harrisontech with an irrevocable and non-restrictive license to use, modify and distribute the derivative works in any way Harrisontech sees fit.
- The look and feel of the Service is copyrighted. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Harrisontech.
General Conditions
- You understand our use of private data, as stated in our Privacy Policy, and you agree with all statements therein.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is provided to all Account holders, with priority to paying Account holders. Technical support is only available via email. Response times for technical support inquiries are not guaranteed.
- You understand that Harrisontech uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- Harrisontech take all care however cannot accept any responsibility or be liable for any hardware failure and/or software, networking, storage, and related technology required to run the Service. Where hardware has failed and we are providing a managed service, we will provide a replacement unit in a timely manner being as soon as practical.
- You must accept that provider(s) terms and condition can change at any time, therefore you must also accept any changes providers enforce onto Harrisontech could affect the Service supplied to you. Should in the unlikely event that this does happen, Harrisontech will provide another solution in a timely manner.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Harrisontech.
- Harrisontech may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- We retain the right to contact you from time-to-time via email. You can remove yourself easily from the related communication list.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Harrisontech customer, employee, member, or officer will result in immediate Account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices. - You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- Harrisontech does not warrant that
(i) the service will meet your specific requirements,
(ii) the service will be uninterrupted, timely, secure, or error-free,
(iii) the results that may be obtained from the use of the service will be accurate or reliable,
(iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
(v) any errors in the Service will be corrected. - You expressly understand and agree that Harrisontech shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from:
(i) the use or the inability to use the service;
(ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
(iii) unauthorised access to or alteration of your transmissions or data;
(iv) statements or conduct of any third party on the service;
(v) or any other matter relating to the service or related physical goods. - The failure of Harrisontech to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Harrisontech and govern your use of the Service, superseding any prior agreements between you and Harrisontech (including, but not limited to, any prior versions of the Terms of Service).
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