All goods and services provided by Communicat are supplied subject to the terms and conditions herein.
1. Business to Business
All goods and services are provided on a Business to Business basis and therefore are not provided as consumer transactions, therefore are not subject to consumer purchase legal obligations.
2. Payment Terms
Communicat provides diverse range of information technology products and services. The nature of our business requires that products and services are subject to different payment terms depending upon the type of product/service.
Please refer to the separate “Payment Terms” document which explains the terms of payment required for different types of purchases.
Within this document Communicat is the supplier and is referred to as “we” or “our”.
The customer is referred to as “the client” or “you”.
4. Transfer of Ownership does not take place until goods and services are paid for
Ownership of equipment, software and other goods will not pass to you until payment in full has received by us for all amounts owed on your Communicat account. By accepting these terms you confirm your acceptance that we may, at our discretion, register your purchases with the Personal Property Securities Register www.ppsr.gov.au.
Once goods and services have been delivered and/or provided to you then any remaining outstanding payment will be due immediately.
5. Additional consequence for the client not complying with payment terms.
In addition to the limitation on transfer of ownership described at paragraph 4, also, if you do not comply with the payment terms stated on Communicat’s Payment Terms document then we reserve the right to withdraw services and to enter your premises, or any premises where goods are located and to recover any goods that have been provided, as compensation for amounts owed. We will not be held responsible for any damages, consequential or otherwise, which result from the withdrawal and/or removal of our goods and/or services.
6. Some services require your approval and payment before the due date to protect your asset.
Internet domain names and certificates are valuable intellectual property for your business. These registrations are issued for a limited and specified period and must be renewed before the designed payment required for payment (i.e. prior to the expiry date).
Our procedure will require you to confirm that you wish to renew your registration, that you agree to the terms and that you have paid the fees required. Communicat will advise you by email prior to the required payment date (i.e. prior to the expiry date). We will raise an invoice and bill your Communicat account or your credit card. If you do not respond to Communicat’s advice and pay the invoice you will be at risk of the registration expiring, in which case you will forfeit your rights. If fail to pay these invoices and do not renew your registration then your website will become inoperative and may be taken over by an unethical organisation. Communicat cannot be held responsible if your lose your internet registrations due to your failure to respond to our renewal and payment requests.
Therefore you may wish to accept our internet domain name “Auto-Renew” option (see separate agreement).
7. Links to Third-Party Websites.
Information supplied by Communicat may include links to third-party websites. These linked sites are not under the control of Communicat and Communicat is not responsible for the contents of any linked site or any link contained in a linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Communicat of the site. Your use of the third-party website may be subject to that third party’s terms and conditions.
8. Return Policy.
Goods and service supplied are provided on an “as is” basis and are not sold subject to “sale or return” conditions. Therefore you are not entitled to return goods or services that you have purchased from us.
If you purchase goods or services from us and then subsequently change your mind, please let us know and we will enquire with our supplier whether there is any opportunity to return the item to them. Once the product or service has been unpacked and/or provided to the client there will be no entitlement to return the item to our supplier.
9. Legal jurisdiction.
All transactions are conducted under the legal jurisdiction of the Victoria, Australia. Where possible, and by mutual agreement between Communicat and the client, any dispute will be negotiated by arbitration rather than in the courts of law.
10. Warranties and limitation of remedies.
To the extend permitted under Victorian law, Communicat and its suppliers make no express or implied warranties, guarantees or conditions, including for merchantability, quality, fitness for a particular purpose, workmanlike effort, title or non-infringement. Products or services are sold subject to the manufacturer’s Warranty.
Your purchase and use of goods and services is at your own risk.
We provide products and services “as is”, “with all faults” and “as available”.
You assume the risk as to their quality and performance.
You assume the entire cost of all necessary servicing or repair.
Communicat does not guarantee the accuracy or timelines of information available from Communicat. You acknowledge that computer and telecommunications systems are not fault-free and downtime may occur.
If, despite these Conditions of Sale, you have any basis for recovering damages arising out of or relating to any product or service offered, to the extent permitted by law, including but not limited to the Competition and Consumer Act 2010 (cth), your exclusive remedy is to recover from Communicat or its suppliers, resellers, distributors and content providers direct total damages up to (a) the price or fee for one month of any service, subscription or similar fee (not including the purchase price for hardware, software, support or extended warranties) or (2) A$100.00 if there was no service, subscription or similar fee.
You may have certain rights under Victorian Law or your local law. Nothing in this contract is intended to affect those rights, if they apply.
11. Limitation of Liability.
To the extent permitted by the applicable law, you agree that you cannot recover any other damages or losses, including consequential, special, indirect, incidental, or punitive damages, or lost profits. The limitations of liability under this agreement apply even if you incur damages and even if we knew or should have known about the possibility of the damages. Some states or territories do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
To the maximum extent permitted by the applicable law, these limitations and exlusions apply to all claims, under any legal theory, related to the terms of sale, or any prodcut or service offered, including loss of content, any virus or or malware affecting your use of services or any product or service purchased from Communicat.
12. Interpreting these terms.
All parts of these Conditions of Sale apply to the maximum extent permitted by the relevant law; you may have greater rights in the jurisdiction of your principal place of business (or residence for an individual person). If it is determined that Communicat cannot enforce a part of these Terms of Sale as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but these Conditions of Sale will not change. These Terms of Sale are solely for your benefit and our benefit.
To the extent permitted by applicable law, we may assign, transfer or otherwise dispose of our rights and obligations under these Terms of Sale, in whole or in part, at any time without notice to you. You may not assign or transfer any rights under these Conditions of Sale.
Communicat Terms of Account v05