Disclaimer

The information contained in this Site is liable to change regularly.  Every effort is made to keep material on this Site up to date and accurate, however, there may be delays, errors or omissions.  This Site does not represent or warrant the suitability, completeness, accuracy or currency of any information contained on this Site.

The material and information on this Site is provided for general guidance and is not intended to be advice.
 

Interpretation

Fees and Payment

Manner of payment - The customer will pay computersbehavingbadly the service fee and reimbursement for parts in Australian dollars by either cheque, money order, cash, or Electronic Funds Transfer.

Invoice - computersbehavingbadly will invoice the customer for the Service after each visit and the customer must pay to computersbehavingbadly the amount of each invoice within 10 days after receipt.

Interest - If the customer is in arrears in any payment due to computersbehavingbadly for services, the customer may have to pay, in addition to the arrears, interest at the rate of 1.5% per month, calculated daily, on all arrears for each day during which the default continues.

Refusal to provide service - Without limiting any other right or remedy available to computersbehavingbadly, computersbehavingbadly may, without having to account for or to repay any money previously paid to it, refuse to deliver any service on computersbehavingbadly's part to be observed or performed in the event the customer:

• fails to pay any moneys to computersbehavingbadly; or
• otherwise defaults in the due observance and performance of these terms and conditions.

Review of fee - computersbehavingbadly may alter fees and charges without notice.
 

Confidential Information

Disclosure - Each party may disclose the confidential information of any other party only to those of its officers and employees who have a need to know (and only to the extent that each has a need to know). The disclosing party must:

• ensure that all officers and employees to whom it discloses the confidential information sign a confidentiality agreement in a form as agreed between the parties;
• comply with computersbehavingbadly's directions as to the procedures to be followed in connection with the Paragraph "Disclosure"; and
• enforce those confidentiality agreements at its expense.

Obligations - The obligations of confidentiality do not extend to information that (whether before or after a service is executed):

• is rightfully known to or in the possession or control of the receiving party and not subject to an obligation of confidentiality on the receiving party;
• is public knowledge (otherwise than as a result of a breach of any agreement between the parties); or
• the receiving party is required by law to disclose.
   

Consequences of Termination or Expiration

In the event of expiration or termination for any reason whatsoever:

• the customer shall, pursuant to the provisions within the confidential information clause, continue to hold in complete confidence all computersbehavingbadly's confidential information, including all information received from computersbehavingbadly and to the extent that such information shall become public knowledge as evidenced by its general availability in written form;
• the customer shall abide by the provisions within the confidential information clause even after such termination or expiration.
   

Limitation of Liability

Exclusion - All and any express or implied warranties (including but not limited to any warranty as to the merchantability or fitness for any purpose or use of the customer equipment), are expressly excluded and disclaimed. computersbehavingbadly or computersbehavingbadly's Personnel will not be liable for any Loss including but not limited to any incidental or consequential damages or loss of revenues, whether foreseeable or not, occasioned by any defect to the customer equipment or any component replaced in the customer equipment in order to provide and/or operate a service or the provision of a service to the customer, any delay in the provision of a service to the customer or any failure by computersbehavingbadly to provide such service or any other cause whatsoever.

Liability - computersbehavingbadly will not be liable to the customer, customer personnel or any other person claiming by or through the customer for any damage whether foreseeable or not (no matter how that damage may arise) suffered as a result of:

• any operating defect in the customer equipment caused by an external source;
• the infringement of patent or copyright, trademark or other intellectual property rights.

Property or Persons - computersbehavingbadly will not be liable to the customer, customer personnel or any other person claiming by or through the customer for damage or injury to property or persons including sickness and death.

Interruption - computersbehavingbadly will not be liable to the customer, customer personnel or any other person claiming by or through the customer for:

• any loss of revenue or profits or any indirect or consequential damage or indirect or consequential economic loss, whether foreseeable or not, arising from;
• computersbehavingbadly's performance or non-performance of its obligations under this document;
• any other act or omission of computersbehavingbadly or computersbehavingbadly personnel which has caused any damage or loss to the customer, customer personnel or any other person claiming by or through the customer, including, but not limited to, any act or omission which is negligent.

No Exclusion - Nothing in this clause will exclude, restrict or modify any condition, warranty, right or liability implied in this document or protected by law where to do so would render this clause void.
 

GST

For the purposes of this clause, “GST” means a goods and services tax, consumption tax or any similar tax.

The customer agrees that if computersbehavingbadly becomes liable to pay GST in respect of the provision of services, then the customer must pay or reimburse to computersbehavingbadly, in addition to any moneys payable pursuant to the provision of services, the amount of GST for which computersbehavingbadly has become liable.

The customer must make the payment or reimbursement referred to in the above clause at the time when payment of the various fees are due or at such other time or times as the parties may agree in writing.

If the customer fails to make the payment or reimbursement referred to in the above clause when it is due, that failure shall constitute a failure to pay moneys to computersbehavingbadly and shall constitute a default by the customer in performance of its obligations pursuant to this document. computersbehavingbadly may recover the amount of such payment or reimbursement along with any other payments due as a debt due to computersbehavingbadly.
 

Dispute Resolution

Notice of Dispute - A party may not commence any court or arbitration proceedings in relation to any dispute arising out of the subject matter of this document, except where the party seeks urgent interlocutory relief, unless:

• it gives written notice to the other party specifying the nature of the dispute;

• then endeavours to resolve the dispute with the other party expeditiously using formal dispute resolution techniques such as mediation, expert evaluation or determination or similar techniques agreed by them.

Resolution of Dispute - If the parties do not agree within seven (7) days of service of the notice of dispute (or such further period as they may agree in writing) as to:

• the dispute resolution technique and procedures to be adopted;
• the timetable for all steps in those procedures;
• the selection and compensation of the independent person required for such technique
• the parties must mediate the dispute in accordance with the guidelines for conducting mediation as outlined at www.justice.qld.gov.au/mediation/home.htm and execute an agreement to mediate in a form approved by the Department of Justice and Attorney-General.
   

Force Majeure

Force Majeure -  "Force Majeure" means anything outside the reasonable control of a party, including but not limited to, acts of God, fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, war, rebellion, insurrection, sabotage, epidemic, quarantine restriction, labour dispute, labour shortage, transportation embargo, failure or delay in transportation, act or omission (including laws, regulations, disapprovals or failures to approve) of any government or government agency.

Obligations - If a party is wholly or partially precluded from complying with its obligations under this document by reason of Force Majeure, then that party's obligation to perform in accordance with this document will be suspended for the duration of the Force Majeure.

Notification - As soon as practicable after an event of Force Majeure arises, the party affected by Force Majeure must notify the other party of the extent to which the notifying party is unable to perform its obligations under this document.
 

Notices

In addition to any other means of giving notice, any notice will be taken to have been given if it is in writing and signed by or on behalf of the party giving the notice and either delivered electronically to the other party or sent by ordinary post to the other party residential, business or such other address as may be advised in writing. A notice will be taken to have been given at the time of delivery or on the day following the date of sending or posting (whether actually received or not).
 

No Partnership or Agency

Nothing in this Site shall constitute or be deemed to constitute a partnership or joint venture relationship between the parties or be deemed to constitute a party as agent of the other party for any purpose.  Neither party has any authority or power to bind the other party or to contract in the name of the other party nor to create a liability against the other party in any way or for any purpose except as otherwise provided in this document.
 

Governing Law

This document will be governed by the laws of Queensland. The parties submit to the jurisdiction of the courts of Queensland and agree to issue any proceedings relating to this document in those courts.
 

Severance

Every provision of this document is independent of the other. Any provision which is prohibited or unenforceable in any jurisdiction will be ineffective to the extent only of such prohibition or unenforceability, and the other provisions will remain in force.

 

Copyright and Trade Marks

All contents of this Site and its selection and layout are protected by copyright under the laws of Australia and other countries.  You may view this Site and its contents and save a copy of this Site solely in the usual operation of your web browser in visiting this Site.  Except as permitted by statute, you must not otherwise copy, transmit, broadcast, adapt, modify, sell, publish or otherwise use any of the material on this Site without the owner's prior written consent.

The names of companies and products mentioned in this Site may be the trade marks of their respective owners.
 

Site Linking

This Site contains links to third party sites.  The links are provided solely for your convenience and do not indicate any endorsement by myself of the site or the products or services provided at those sites.  You access those sites and use the products and services made available at those sites solely at your own risk.

 

Virus Checks

This Site does not represent or warrant that the material on this Site is free from computer viruses or other harmful defects and it recommends that, prior to using any downloaded file, you carry out an appropriate virus check.