MTI BUSINESS SERVICES PTY LTD TERMS AND CONDITIONS OF SALE AND SERVICES ‐ GENERAL
INFORMATION REGARDING THIS LEGAL CONTRACT
This “MTI Business Services Pty Ltd Sales and Services Terms” agreement is a legal contract binding the Customer and MTI Business Services Pty Ltd. The Customer automatically accepts this legal contract by making a purchase, placing an order, or otherwise shopping on the Site. The terms and conditions of this Legal Sale Contract are subject to change without prior notice, except that the terms and conditions posted on the Site at the time of order / or modification or order by the customer will govern the order in question.
This Legal Sale Contract constitutes the entire agreement between the Customer and MTI Business Services Pty Ltd relating to the purchase or sale of goods or services on the Site www.mti.net.au In the event of any conflict between terms and conditions listed on this Legal Contract / any terms and conditions on our invoice and your purchase order terms and conditions, you agree that the provisions of this Legal Sale Contract and our invoice shall overrule.
References made in this legal contract to "You" or "Your" shall relate to the Customer. References made in this legal contract to MTI Business Services Pty Ltd or “Our”, “We” or "Us" shall refer to MTI Business Services Pty Ltd.
All payments are to be made prior to or upon delivery of the purchased item(s), unless customers have gained approval for a credit account with Us. Certain orders may be subject to a 50% deposit prior to processing the order, depending upon the nature of Your order. This is at Our discretion.
Ownership of goods and services sold do not and will not pass on to You unless payment is received in full by Us. We reserve the right to collect the goods if We believe that full payment is in question or doubt.
Loss or damage that occurs during shipping by a carrier/courier selected by Us is Our responsibility. Loss or damage that occurs during shipping by a carrier/courier selected by the You is Your responsibility. Titles to all software supplied by Us will remain with the applicable licensor(s).
WARRANTY ON GOODS AND SERVICES SUPPLIED
We provide a one year Return‐to‐Base warranty on all individual components and equipment sold. All warranty claims must be supported with a copy of the original invoice.
We will replace any product under warranty that we find to be faulty within one month from the product date of purchase, subject to product availability. For printers, scanners and monitors, You must deal with the manufacturer directly. Please contact us if you require assistance finding contact details of manufacturers.
All warranty, freight and handling costs are to be covered by You.
At Our discretion, the item(s) in question will be tested and evaluated before deciding whether the item should be repaired or replaced. Any extra warranties will only be justified in writing on the specific invoice. We reserve the right to choose whether or not we will repair or replace a part under the manufacturer’s warranty. We will assist with manufacturer’s warranties wherein it is within its power to do so. Warranty does not cover data backup, virus removal, third party software, or support of any hardware that was not purchased from us.
Please contact Us for any further information regarding our warranty policy.
PRE‐PAID SUPPORT CREDIT
All pre‐paid support credit may only be used for support and selected services. Credit may never be transferred in exchange for hardware, software or cash refunds unless prior arrangements have been made with both parties agreeing to in writing.
CANCELLATION OR CHANGE OF ORDERS
We may decide not to refund in full because the customer has had a change mind. We reserve the right to retain up to 30% of the full invoice amount payment for such cases. This includes change of orders.
We reserve the right to only provide a full refund in an unlikely situation such as the rare possibility that a product may be found to be faulty or defective upon delivery. Compatibility issues or changes of mind will not constitute for a full refund on the item(s) in question. However, We will provide a full refund if we are found to have been inadequate in providing correct compatibility technical advice. We will not offer refunds on the basis of incorrect typographical or graphical information displayed on our website or brochures.
We require full payment to be made within the stated credit terms by either cash, credit card or EFT from the date of the invoice. A detailed invoice is sent after information has been entered into our system. Amounts outstanding after the due date shall bear interest at the rate of 10% per month. In the event that payment is not forthcoming, you will be responsible for all expenses ‐ including debt collection, interest and legal fees ‐ incurred by Us in collecting such amounts.
PRICING SPECIFICATIONS AND AVAILABILITY
We reserve the right to change pricing specifications and / or availability and thus such information is subject to change without any notice. All text and image based specifications listed for products and services are subject to correction / change without notice. Listed prices do not include shipping charges or insurance.
CUSTOMER INFORMATION AND PRIVACY
We respect the confidentiality of your personal information. We use the following guidelines to protect any information you submit to us when you use Our website and/or complete any of our forms:
1. Any confidential information provided by you is utilised to:
‐ Provide the service you have requested of us.
‐ Allow us to communicate with you more effectively.
‐ Allow us to develop, recommend or sell products and services that meet your needs.
2. We does not sell or provide third parties with any of your personal information.
3. Your privacy is protected by limiting access to your personal information to staff who require it to provide the service you have requested of us.
NO CONSEQUENTIAL DAMAGES
Under no circumstances or event shall We or Our affiliates or their respective employees, officers, directors, representatives or agents (collectively, "MTI Business Services Pty Ltd") be liable for special, incidental, punitive, consequential, indirect, or other special damages, including but not limited to, loss of data, use, or profits, however caused, whether for breach of contract, negligence, or otherwise.
LCD DEAD PIXEL POLICY
LCD Dead Pixel Policy will vary between manufacturers. Please check manufacturer details for policy information regarding LCD dead pixels before making a purchase.
MTI BUSINESS SERVICES PTY LTD TERMS AND CONDITIONS OF SALE AND SERVICES ‐ WEBSITE SERVICES
These are the Standard Terms and Conditions for Website Design and Development to in the foregoing contract between Us and Our Clients. The following terms and conditions apply to all Website, Software, Graphic and Application design created by Us.
FEES, APPROVALS AND PAYMENTS
Fees Payable for Website Design and Development
A 50% deposit of the total fee payable under the contract is due immediately upon the signing of the contract. The remaining 50% shall become due when the work is completed to Your reasonable satisfaction, but subject to the terms of the Approval of Work and Rejected Work clauses. We reserve the right not to begin the Work until the said deposit has been paid in full. The deposit is not refundable if the development work has been started and the client terminates the contract by no fault of Ours. The fee quoted in this contract does not include the cost of domain registration or web hosting.
SUPPLY OF MATERIALS
You are to supply all materials and information required for Us to complete the Work in accordance with the agreed specification. Such materials may include, but are not limited to, photographs, written‐copy, logos and other printed materials. Where Your failure to supply such materials leads to a delay in completion of the work, We have the right to extend previously agreed deadlines for the completion of the Work by a reasonable amount. Where Your failure to supply materials prevents progress on the Work for more than 21 days, We have the right to invoice You for any part or parts of the work already completed.
DESIGN AND DEVELOPMENT VARIANCES
During the Website Design phase, You are offered the opportunity to receive multiple proposals and revisions to the design. We have the right to limit the number of design proposals to a 'reasonable' amount, and may charge for additional designs if You make a change to the original design specification. The Website Development phase will be flexible and allow certain variances to the original specification. However,
any 'major' deviation from the specification above will be charged at the rate of $97.50 per hour. Any changes deemed to be 'major' will be identified and quoted before development proceeds.
PROJECT DELAYS AND CLIENT LIABILITY
The proposed time frames are contingent upon Your full cooperation, and complete & final content and photography for the web pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from Your side, and be made available on a daily basis in order to expedite the feedback process. Furthermore, incomplete content, or content requiring alteration during the development phase can add delay to the project. We cannot be held to the agreed delivery date if the above conditions are not met. If the website development is delayed for more than 2 weeks You, or is halted indefinitely, We can request full and final payment for the services specified in this proposal. If this occurs, additional costs may be imposed if the project is resumed at a later date.
APPROVAL OF WORK
On completion of the Work, You will be notified and have the opportunity to review it. You should notify Us, in writing, of any unsatisfactory points within 14 days of receipt of such notification. Any of the Work which has not been reported in writing to US as unsatisfactory within the 14 day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected, and the contract will be deemed to have been completed and the 50% balancing payment will become due. The Contract will remain in effect until all obligations have been completed in terms of this Clause.
If You reject the Work within the 14 day review period, or will not approve subsequent Work performed by Us to remedy any points reported by You as unsatisfactory, and We consider that You are unreasonable in Your repeated rejection of the Work, the contract will be deemed to have expired and We can take any legal measures to recover both payment for the completed Work and reasonable expenses incurred in recovering payment.
Upon expiry of the 14 day review period, We will invoice You for the 50% balancing payment in accordance with the clause "Fees Payable for Website Design and Development" hereof, which, in the absence of agreement to the contrary, is to be paid by You within 30 days of the date that the invoice was issued.
REMEDIES FOR OVERDUE PAYMENT
If payment has not been received by the due date, We have the right to suspend ongoing work for You until such time that full payment of the outstanding balance has been received. If full payment has still not been received 30 days after the due date, We have the right to replace, modify or remove the Web Site and revoke the Your license to the Work until full payment has been received. By revoking Your license to the Work or removing the web site from the Internet, We do not remove Your obligation to pay any outstanding monies.
SEARCH ENGINE OPTIMIZATION
Due to the unpredictable nature of the internet with the evolution of search engine and indexing algorithms, We can not and will not guarantee search engine rankings and positioning discussed at the time of quoting, order and billing. We will not take responsibility if any discrepancies do exist with results discussed and results delivered to the customer. As a result We will not be liable for special, incidental, punitive, consequential, indirect, or other special damages, including but not limited to, loss of data, use, or profits, however caused from this or for our service downtime.
Website and Software Design
Website, Software and Applications designed and created by US should be treated as Trade Secrets and remain Our property. Such creative works or the information contained within them must not be passed to third parties or publicly disseminated without Our prior written authorization. This includes, but is not limited to technical features, functionality of the applications, graphic design, user interface, and pricing information.
WARRANTY BY CLIENT AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You will obtain all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks or any other material You supplies to US and/or include in Your website or web applications. The conclusion of a contract between Us and You shall be regarded as a guarantee by You to Us that all such permissions and authorities have been obtained and that the inclusion of such material on the Website or in the software would not constitute a criminal or civil offense. By agreeing to these terms and conditions, You remove Our legal responsibility and indemnify Us from any claims or legal actions however related to the content of Your website or software.
Once We have received full payment of all outstanding invoices and the work has been approved by You in accordance with the Approval of Work clause, You will be granted a license to use the website and its related software and contents for the life of the website. We assume all content supplied by You is free of copyright, and We take no responsibility whatsoever for using copyrighted material on the site or in the software that has been supplied by You. The License of use can be transferred to another party if that party has bought or acquired the business from You. Written notification must be made to Us if the License is to be transferred.
Any website code that is not freely accessible to third parties and not in the public domain, and to which We or Our suppliers own the copyright, may not be copied, published, distributed or passed to any third parties in any form without prior written consent from US. Unless previously agreed otherwise in writing, no modifications may be made by the You or any third party to code to which We or Our suppliers own the copyright. We acknowledge Your intellectual property rights. Information passed in written form to Us, and that You have indicated is confidential or a trade secret, will not be published or made available in any other way to third parties without Your prior written consent.
CHANGES OF TERMS AND CONDITIONS
We reserve the right to change and update any part of the legal contract found on this website. These terms and conditions are governed and construed by the laws (but not the rules governing conflicts of law) of the State of Victoria, Australia.