Terms & Conditions

Our Terms & Conditions

Quotations and Estimates

All quotations and estimates provided by Altitude IT for software development are valid for a period of 14 days from date of issue. Quotations not accepted within this timeframe must be re-issued.

All quotations are required to be accepted using the supplied Quotation Acceptance Form and returned to Altitude IT within the 14 day period from date of issuance.

Estimates may be provided by Altitude IT to offer the client a guide on the projected costing of a project prior to any discovery or research for said project. All estimates will be clearly marked as such and are not an indication of the exact final cost to develop the application.

All estimates will need to be formalized to a quotation or invoice before acceptance by either party as the final cost of the application.

Payment Terms

All quotations provided by Altitude IT require a 50% deposit upon acceptance.

Unless prior arrangement has been made, final payment is strictly net 7 days from the date of completion.

Any cost arising from payment clearings or transaction charges are solely the responsibility of the client and will be charged as such.

Altitude IT will only commence work on the quoted application once any deposited funds have cleared.

Residency Requirements

Minimum requirements for where the completed application will reside, will be provided on all Altitude IT quotations.

The quoted cost on an Altitude IT quotation is only valid if the minimum residency requirements are met or exceeded for said quotation.

Altitude IT can provide, as an additional service, a package that will meet the stated requirements. The package offered will provide the most streamlined and cost-effective installation of the quoted application.

If an Altitude IT package is not used to host the completed application, Altitude IT will not be liable for any additional time or resources, above and beyond that already included in the quotation, required to get the completed application installed where the client has asked it to reside.

Altitude IT will bill any additional time and or resources, above and beyond that already included in the quotation, required to get the completed application installed on the clients host at $135 ex. GST per hour.

Intellectual Property

Unless specified all quotations provided by Altitude IT, do not include any source code license.

All source code and associated intellectual property relating to said source code, developed by Altitude IT, solely remains the property of Altitude IT, except where specific code license has been issued to the client and said issuance has been indicated in writing from Altitude IT.

Any alteration, reverse engineering, or manipulation of any kind on the code, compiled or otherwise, created by Altitude IT for the quoted application may be a breach of trademark and copyright laws. If said breach is confirmed, penalties will apply under the relevant acts.

Any costs incurred by Altitude IT for third party code license required to complete the quoted application are the responsibility of the client and will be solely borne by the client. Any such third party code license will be attached to the existing Altitude IT code license for the quoted application.

Cancellations

Should the client wish to cancel acceptance of the quotation, Altitude IT will invoice the client for any work completed to date, as a percentage of the total work involved.

The minimum cancellation fee will be 50% of the signed quotation.

The client must advise Altitude IT in writing of the request not to proceed with work.

Content

Clients are required to ensure that the content of the application being quoted adheres to all the current Australian legislation regarding publication.

The client shall further indemnify Altitude IT in respect of any claims, costs and expenses that may arise from any material included within the quoted application by Altitude IT at the client’s request.

Altitude IT reserves the right not to include any material supplied by the client within the quoted application if Altitude IT deems said material inappropriate or offensive.

Altitude IT will not populate the application with the final content unless said content is delivered to Altitude IT in digital format prior to commencement of work. Said content, if available, will be used for testing purposes and may not be formatted how the client requires it. If content is not available mock placeholder content will be used.

Permissions and Copyrights

The client will obtain all necessary permissions and authorities with respect to the use of all copy, graphics, logos, names and trademarks and any other material supplied by the client to Altitude IT.

Supply of said material by the client to Altitude IT shall be regarded as a guarantee from the client that all such permissions and authorities have been sought and obtained for said material.

No responsibility will be accepted by Altitude IT for damages or losses incurred by the client from the use of material for which permission or authority has not been obtained.

Errors and Liabilities

Altitude IT will pursue due care to ensure applications create by Altitude IT are free of errors. Altitude IT will correct any errors made by Altitude IT staff in the undertaking of the quoted application before the application has been signed off as completed.

Altitude IT does not accept responsibility for losses or damage arising from errors within any application.

Altitude IT does not accept responsibility for errors, damages, losses or additional costs that relate to third party products that Altitude IT may require completing the quoted application.

Alterations

Any alterations requested by the client after development has begun will incur extra development and regression testing time.

Dependent upon the alteration or change requested an average of 1 day extra development time per alteration should be allowed for.

The 1 day average may not be indicative of the time required and can be extended commensurate of the time involved to implement said changes.

Altitude IT will not accept responsibility for any alterations performed by the client or any third party which may cause or induce errors within the quoted application.

If Altitude IT are required to correct said alterations or errors resulting from said alterations, induced, injected or otherwise caused by parties other than Altitude IT, the client will be charged at the hourly rate that is current for Altitude IT at the time said errors are to be fixed.

Completion of Work

All timeframes offered by Altitude IT to the client are estimates. The intrinsic nature of software development and its intricacies do not offer Altitude IT the luxury of defining definite timeframes.

Altitude IT will endeavour to complete all work within the estimated timeframes discussed with the client in the quotation. However, Altitude IT will not be liable for any penalties, monies or hardships otherwise incurred by the client if the application cannot be delivered within the estimated timeframe.

Altitude IT will not release the quoted application unless all payments have been met under the obligations of the quotation or work agreement.

If Altitude IT does not have control over the residence (see Residency Requirements) where the finished work will reside then full payment must be made prior to said work being released by Altitude IT.

The quoted application remains the property of Altitude IT Software until all obligations have been met for release of said application to the client.

If Altitude IT is working as a third party to another company, said company is responsible in meeting the obligations for release of the quote application to their client.

The final product delivered will be referenced back to the original project scope documentation in any case where the client feels the final product does not meet their requested requirements, this document will act as the guide to confirm that the original requests have been met.



Within the scope of these Terms and Conditions and any documents accompanying these Terms and Conditions:

Application and quoted application refers to the product that is being quoted or referenced to within the quotation, estimate or invoice.

Client refers to the person or body that is referenced within the quotation, estimate or invoice as being the requestor of said document or a representative of the requestor acting on their behalf.

Third party product refers to any code, product, library or reference that is not solely created by Altitude IT or representatives of Altitude IT.

Code and source code refers to any programmatic files that Altitude IT need, create, use or require during the course of developing the quoted application.

Residency is the term used for where the developed application will reside once completed, this could be, but not limited to; a web server, in-house server, external server, or client desktop computer.

Privacy Policy

The protection of your personal information is important to us. The following document outlines Altitude IT’s privacy policy and how it affects you. To protect your privacy you can visit our website at any time without identifying or revealing any information about yourself. This privacy policy is intended to comply with the Privacy Act, 1998.

Your Personal Information

Altitude IT will not collect any information about you without your consent. However, when you place an order with us, use our website (by registering or logging on), or our services, you may be requested to supply us with the following types of personal information relating to you or your company: your name, your company name, e-mail address, mailing address, delivery address, special delivery instructions, phone number, details of your technology systems, account number etc. Collecting this information ensures that you receive the most appropriate service.

Altitude IT will only share this information with third parties where it is absolutely necessary for processing your order; for example, credit approval with your financial institution, processing payments, or giving your delivery details to the shipping company that delivers your order

Other types of information may be used for marketing purposes by Altitude IT only, for example feedback on our services, technology developments and updates and promotion of our products. If at any time you do not wish to receive communications from Altitude IT, please call us on 1300 889 599 and we will arrange this for you.

At times Altitude IT may employ a third party contractor to perform services on our behalf. In these cases, your personal information will only be passed on to the said third party contractor, if we receive your verbal consent.

Except where required by law, we will only disclose information in the above-mentioned circumstances. We do not sell, trade, barter, rent or use your personal information in any unauthorised way. At no time will we give access to your details to any other organisation.

Our site contains links to other sites. Altitude IT is not responsible for the privacy practices or the content of other websites.

To make the use of our web site and services as convenient as possible, we use cookies. A cookie is a small amount of information sent from a web server to your computer. We use cookies when someone logs into our site, to maintain that log in and to retain log in information. If you do not wish to receive any cookies, you may set your browser to refuse cookies. This may however mean you will not be able to use our online services. Please note that we do not use cookies to track your internet activity before or after you leave our site. No other company has access to our cookies.

Storage and Security of Your Information

If at any time you would like to know what information we hold about you, please e-mail us on info@altitudeit.com.au and we will provide you with this. If you wish to have any information we hold about you deleted, we will take all reasonable and legal steps to delete it.

Altitude IT uses security software and hardware to ensure that unauthorised users are unable to access your information. While we strive to protect your information through all reasonable endeavours, we cannot ensure the security of the information you transmit to us, so we urge you to take every precaution to protect your personal data when you are on the internet.

Where it has been agreed with our clients, Altitude IT may have both remote and/or onsite access to your computer systems. Altitude IT ensures that this access is only used for the purposes of servicing your systems when required, and will not be accessed at any other time.

Changes to Our Policy

As Altitude IT is a dynamic company we will continually be evolving our products and services for our customers. As a result of this, this privacy policy may be subject to change. If we amend this policy we will notify our customers by placing an updated version of this policy on this website.

If you have any questions, suggestions or concerns regarding your privacy, or your personal information held by Altitude IT, please do not hesitate to e-mail us on info@altitudeit.com.au or call us on 1300 889 599.

Terms & Conditions of Website Usage

Access to Altitude IT’s site is expressly conditional upon the customer’s acceptance of; and compliance with, the terms, conditions, notices and disclaimers contained or referred to in this document (“Website Terms of Use”), without limitation or qualification.

Copyright and Restrictions on Use of Content

The contents of this site including, but not limited to information, text, material, images, software and advertisements contained herein and their arrangement are subject to copyright. The copyright is owned by Altitude IT (A.B.N 86 099 685 766), or in the case of some material a third party. This content is protected by Australian and international copyright and trademark laws.

Contents on this site may be viewed and downloaded using an industry standard web browser and may be electronically copied and printed in hard copy for personal, non-commercial use only. No one is authorised to use this site in any manner or for any purpose which is unlawful or violates any right of Altitude IT which is prohibited by the Terms of Use. This includes the reproduction, modification, distribution, transmission, republication, display or performance of, the content of this site.

The customer acknowledges that any password, account or pricing information given to the customer is the confidential information of Altitude IT and the customer must not disclose this information to any third party without the written express authorisation of Altitude IT.

Disclaimer and Limitation of Liability

The customer agrees that access to, and use of, this site is subject to these terms and all applicable laws and is at the customer’s own risk. This site and it’s contents are provided “as is” and without representations or warranties of any kind either express or implied as to the operation of this site, the information content, materials or products included on this site, except as explicitly stated, or otherwise provided under applicable laws.

Aside from expressed warranties included with hardware products, information provided on this site does not make any warranties as to the fitness for a particular purpose of any particular product or service.

Altitude IT will not be liable for any damages whatsoever arising out of, or in any way related to, the use of this site or any content and any other site linked to this site. This limitation applies to direct, indirect, incidental, consequential, special, punitive or other damages the customer or any other person may suffer, as well as damages for loss of profits, business interruption or the loss of data or information.

The information on this site is free of charge and for informational purposes only.

Altitude IT does not warrant that any function on this site will be uninterrupted or error-free, that any defects will be corrected or that this site or the server which stores and transmits content to the customer or any other person accessing this site are free of viruses or any other harmful components.

Third Party Sites

This site contains hyperlinks and pointers to third party sites. Altitude IT is not responsible for the condition or content of those sites or any hyperlink contained in a linked website. Access to those sites and/or the site’s products or services is solely at the customer’s own risk. The links are provided for the customer’s convenience only and do not indicate, expressly or impliedly, an endorsement by Altitude IT of the sites, products or services provided on the sites. The customer links to any such website entirely at its own risk.

In some instances this site may contain links to advertisements, representations or offers by third parties which the customer may accept by linking to the advertiser’s site and executing the relevant transaction. Such offers are made by the third party advertisers and not Altitude IT, and the third party advertisers are solely responsible to the customer for the delivery of any goods or service the customer purchases on third party sites.

This site contains information on goods and services which the customer may purchase including product descriptions and specifications. All product information has been provided by the relevant, original equipment manufacturer and/or vendor and not Altitude IT. Altitude IT has included this information on our site for the customer’s convenience only. The customer should confirm all product descriptions and specifications with the relevant original equipment manufacturer or vendor or speak with an Altitude IT technician, before purchasing.

Applicable Legal Documentation

This site is created, owned and controlled by Altitude IT (A.B.N 86 099 685 766). The customer’s use of this site is governed by, construed and enforced in accordance with the laws of New South Wales, Australia. Disputes arising from the customer’s use of this site are irrevocably subject to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

This site may be accessed throughout Australia and overseas. Altitude IT makes no representations that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.

If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

The customer’s use of, and/or access to this site also confirms its agreement to the terms of each of the following:

  • Terms and Conditions
  • Privacy Policy

Altitude IT reserves the right to amend the Website Terms of Use at any time. As the customer is bound by these terms of use, you should refer to them periodically of your own accord as Altitude IT will notify the customer of any changes by posting them on this site.

Terms & Conditions For Sales & Services

Altitude IT’s Terms and Conditions apply to all customer orders for products and supply of service, consultation, training, installation and maintenance of IT systems. By purchasing or receiving goods or services from Altitude IT you accept the following terms and conditions without limitation or qualification.

Prices, Charges and Payment

The customer must pay the supplier the applicable price for the relevant service or goods order as outlined in the payment time frame terms in the invoice. If discount rates are arranged all invoices will be updated to reflect this change and the customer must pay the amended amount. The customer must also pay all delivery, handling and freight fees outlined on the invoice.

Quoted prices are subject to change due to elapsed time periods between the time the price was quoted and the date the invoice is issued. In all cases the invoiced amount is the amount payable.

The customer will be liable to pay any charges incurred by the supplier as a result of the customer not paying in the agreed upon time frame including but not limited to:

  • Any interest on any amount due at the rate of interest specified by the supplier;
  • Any legal or other costs the supplier may need to assume in order to enforce payment;
  • Any fees charged to the supplier by financial institutions due to failed payments;


The following forms of payment are accepted:

  • Bankcard, Master card or Visa
  • Electronic Funds Transfer directly into the bank account details below:

    Account Name: Altitude IT
    Bank: National Australia Bank
    Branch: Sydney
    BSB: 083 004
    Account No: 70 226 5732


    Please include your invoice number and client name in the description field if paying by direct debit.
  • Cash on delivery of goods or at the conclusion of the service is our preferred method of payment.
  • We do not extend credit accounts to any customers unless otherwise agreed upon in writing with the supplier.


Unless otherwise stated in these terms, all prices quoted are exclusive of taxes, handling, delivery, duties, agents’ charges and any other charges imposed in Australia or overseas in connection with the supply of equipment or programs.

The customer must pay the supplier on demand, any taxes, duties or charges imposed subsequent to the date of this agreement in respect of the equipment, program/s, any matter or thing done under these terms or any payment receipt or other transaction contemplated by these terms, including goods and service, value added tax, customs duty, sales tax, excise duty, stamp duty, other duty, governmental charge, fee, levy or impost, together with any fine, penalty or interest payable.

All Altitude IT visits are chargeable unless otherwise stated by the supplier and are charged in hourly units. Any part thereof is pro rata based on this rate with a minimum charge of 30 minutes.

All goods supplied by Altitude IT are charged separately from services.

Calls out fees are applied at rates dependant on the customers distance from Altitude IT’s offices.

Warranties

If Altitude IT is not able to determine the cause of any system, hardware or software problem, then no charge will apply to the customer. Altitude IT does not guarantee that it will be able to fix or diagnose all IT system and equipment faults or that the service will be uninterrupted.

The supplier warrants that it believes that all goods and services supplied by us are free from defects in materials and workmanship.

Any defects in equipment or issues arising from workmanship must be reported within six (6) days of the delivery of the product (or as specified by the manufacturer) or thirty (30) days of the supply of the original service. Any reported service incidences post this time period will not be covered by warranty. Any product faults post this time period should be reported directly to the manufacturer and will be covered by the manufacturer’s warranty.

Where faulty workmanship or goods are reported within the given timeframes they will be fixed under either the supplier or manufacturer’s warranty. This will expressly include only work and goods supplied in the original consultation.

Software cannot be returned if it has been opened and/or damaged by the customer. If the software has been found to be damaged and/ or faulty by the customer within six (6) days of purchase it may be returned to the supplier who will undertake to return it to the manufacturer and provide a replacement product to the customer.

This warranty does not apply where:

  • The goods have not been supplied by Altitude IT;
  • The goods were used for a purpose other than that which they were intended;
  • The goods were repaired, modified or altered by any person other than Altitude IT;
  • The defect has arisen due to misuse, neglect or accident;
  • The goods were not stored or maintained as recommended by the manufacturer;

 

Liability

Altitude IT will not be under any liability to the customer or any other person under any circumstances for any loss of use, profit, revenue, interest, goodwill, data, expenses or damage (incidental, indirect or consequential) or for any injury or death to any person, sustained or incurred by the customer which may arise directly or indirectly in respect of goods or services supplied pursuant to this agreement or in respect of a failure or omission on the part of the supplier to comply with its obligations under these terms.

The customer warrants that at the time of entering into this agreement they are not relying on any representation made by Altitude IT which has not been stated expressly in this agreement or on any descriptions or specifications contained in any other document, including catalogues or publicity material which Altitude IT has produced.

The customer indemnifies Altitude IT and holds Altitude IT harmless against any liability in relation to any loss (including reasonable legal costs and expenses) or liability reasonable incurred or suffered by any of those indemnified arising from any proceedings against those indemnified where such loss or liability was caused by:

  • A breach by the customer of its obligations under this agreement; or
  • Any wilful, unlawful or negligent act or omission of the customer.


Altitude IT is not liable to the customer or any other person for any cost, loss or liability (including loss of profit or other consequential damage) arising from the service or failure or meeting the delivery date, cancelling or suspending the supply of goods or services; or for the content, context or confidentiality of any communications made using the service.

Termination

Altitude IT may terminate this agreement and the provision of service or sale of goods immediately and without prior notice if:

  • The customer breaches these terms and conditions;
  • The customer becomes, threatens, resolves to become or is in jeopardy of becoming subject to any form of insolvency administrations;
  • The customer, being a partnership dissolves, threatens or resolves to become or is in jeopardy of dissolving;
  • The customer, being a natural person, dies;
  • The customer ceases or threatens to cease operating it’s business in a normal manner.


Altitude IT or the customer may terminate this agreement by giving thirty (30) days written notice to the other party.

Upon termination, any outstanding fees shall be payable immediately by the customer.

Ancillary Provisions

Force Majeure

  • No party will be required to perform an obligation under this agreement, if that party was prevented in performing that obligation as a result of circumstances beyond the reasonable control of that party.
  • If a delay or failure by a party to perform its obligations due to force majeure exceeds sixty (60) days, either party may immediately terminate the agreement on providing notice in writing to the other party without penalty
  • If this agreement is terminated due to force majeure, the supplier shall refund monies previously paid by the customer pursuant to this agreement for goods or services not provided by the supplier to the customer.


Waiver

  • Any right created under this agreement, may not be waived except in writing signed by the party granting the waiver, or varied except in writing signed by the parties.
  • Any failure by the supplier to enforce any clause of this agreement, or any forbearance, delay or indulgence granted by the supplier to the customer, will not constitute as a waiver of this agreement, nor will it affect or impair the right to enforce those rights at a later time or to pursue remedies for any breach of this agreement.


Governing Law

  • This agreement, all purchases and services are governed by and construed according to the laws of Australia.


Severability

  • Any illegal, unenforceable or invalid provision of this agreement will be severable and all other provisions will remain in full force and effect apart from such provisions which shall be deemed deleted.


Entire Agreement

  • This agreement constitutes the whole of the agreement between the parties and supersedes any and all other representations, agreements, statements and understandings by either party whether verbal or in writing made prior or subsequent to the date of this agreement.


Assignment

  • This agreement may only be amended in writing signed by the parties.
  • The customer shall not assign the benefit of this agreement without the prior written consent of Altitude IT.
  • Altitude IT may assign its rights and obligations under this agreement at will and without reference to the customer.

 

Orders & Delivery

Delivery is either via courier or in person and cannot be to a Post Office Box. An authorised signatory needs to be at the delivery address to sign for and collect the goods and must be over the age of 18. The supplier may refuse to deliver the goods if the person receiving the goods is unable or unwilling to provide evidence of proof of age.

The supplier will use reasonable endeavours to deliver the goods to the customer on the delivery date at the site during the customer’s normal business hours.

Any charges relating to the delivery of goods will be charged to the customer and these charges will be included in the total costs of the goods.

Altitude IT may vary prices in the event of price changes or mistakes made by suppliers on reasonable prior notice to the customer. In such cases the customer may cancel the order by giving notice to Altitude IT within seven (7) days of the notification of the increase.

If there is no one at the delivery address or no-one of appropriate age to receive the order Altitude IT will on-charge fees it incurs in attempting to make the delivery.

Once the goods are delivered to the customer, it is the customer’s responsibility if they are lost or damaged.

Altitude IT will not be liable for any loss, damage or delay suffered or incurred by the customer arising from late or non-delivery of the products

Returns

Altitude IT is entitled to supply certain No Fault Products on a ‘No Returns Basis’, which means that Altitude IT will not accept returns on No Fault Products.

To the extent permitted by law, Altitude IT reserves the right to apply the No Returns Basis policy to any product as is deemed necessary by the manufacturer’s specifications. Altitude IT will use all reasonable endeavours to ensure such products are promoted as being sold on a No Returns Basis.

Altitude IT will endeavour to undertake all action possible to obtain a refund for its customers.

Where Altitude IT is able to refund or credit customers for returned products, the customer must notify Altitude IT within six (6) working days, or as otherwise specified by the manufacturer.

All products returned for credit must be in a pristine and unopened condition with all seals intact and proof of purchase attached.

All freight costs will be the responsibility of the customer, unless otherwise agreed with the supplier in writing, and Altitude IT will not accept responsibility for any damage or loss suffered by the customer.

Altitude IT will arrange to pick up any goods that are not in working order on arrival, damaged in transit, or incorrectly shipped.

Where a product has been returned by a customer because it was faulty but the supplier or manufacturer after testing the product deem it to be in full working order, or any damage or defects were caused after the customer took receipt of the product, it will be returned to the customer. Where this is the case, the customer will be invoiced a processing fee and any freight costs associated with the return.

If a customer receives a product that is damaged in transit from Altitude IT , the customer should:

  • Refuse to accept delivery of the product;
  • direct the courier to “Return Goods to Sender”; and
  • notify Altitude IT immediately (if a customer has already accepted delivery, then Altitude IT must be notified immediately upon the customer being aware that the product is faulty)


For all other product returns, the customer must ensure that the product is suitably packaged in order to prevent damage during return shipping. Altitude IT will not accept responsibility for goods which are damaged whilst in return transit.

The customer is responsible for all costs associated with returned products including return freight costs.

If Altitude IT or the manufacturer decides that the product is defective, we will either issue the customer a full refund or credit for the original purchase price and associated freight costs

Altitude IT accepts no responsibility for any products lost or damaged during return transit.

Where products are not dead on arrival, damaged in transit or incorrectly shipped, the manufacturer may impose a restocking fee and the cost of this will be borne by the customer.

All product returns will be subject to the manufacturer’s return policy and no costs associated with these return policies will be borne by Altitude IT.

If a manufacturer offers to accept an opened product for return, Altitude IT will honour this.

All repair timeframes are subject to each manufacturer’s warranty repair and service policy.

Upon receipt of a faulty product, the supplier will return the product to the manufacturer for assessment. If the fault could not have been detected at purchase, and is not due to wear and tear or misuse, Altitude IT will offer the customer a repair, replacement, refund or credit as appropriate.

We will not accept any opened product which is not faulty unless the product is returnable under the manufacturer’s warranty.

If a faulty product is not returned within the specified time period of the manufacturer’s warranty, then the customer will not receive a credit or refund and the product will be unable to be returned.

Opened software that is not damaged or faulty will not be accepted for return.

All refunds granted will be made by either cash, cheque or applying a credit against the credit card used for the original purchase, or issuing a credit note to the customer. The method of refund will depend upon the manufacturers refund policy and the payment method used for the original purchase.

Where equipment is supplied by Altitude IT and is deemed to be faulty by the supplier and the manufacturer, the equipment will be removed free of charge.

Site Preparation and Data Integrity

The customer shall at it’s own expense prepare the site, and access to the site prior to the consultation and/or delivery. In doing, so, the customer shall comply with any specifications issued by the supplier.

The customer shall ensure the supply at the site of:

  • Adequate electrical current;
  • adequate electrical and mechanical fittings; and
  • appropriate environmental conditions.


The supplier shall, upon request from the customer, supply such information and assistance as the supplier considers reasonable and necessary to enable the customer to prepare the site.

If the installation of equipment or delivery of products is delayed due to inadequate site preparation or access, the customer shall be liable for all costs and expenses incurred by the supplier directly or indirectly as a result of such delay.

In the case of clause iv, the customer will also be liable for payment of a call out fee based on the customer’s location.

The supplier is not responsible for any data lost during the course of a consultation service.

The customer is solely responsible for backing up all data before the consultation.

Any backups required to be executed by the supplier will be done as instructed by the customer at a price set by the supplier and as disclosed in the invoice form.

Installation, Service and Training

The supplier shall install the equipment and/or program/s at the site on the installation date. In the absence of agreement to the contrary, the installation shall be effected during the supplier’s normal business hours.

If the customer requires technical support outside of the suppliers business hours differing fee rates may apply and will be outlined in the invoice form.

If the customer requests installation or service in advance of the original agreed upon installation or service date, the supplier shall use all reasonable endeavours to re-schedule the appointment accordingly but shall be under no obligation to comply with the customer’s request.

Any service or installation is not inclusive of training.

The supplier will provide training in the use of equipment and/ or program/s, if requested by the customer, subject to payment of additional fees.

Notices

Any notice, demand or other communication required to be given or made in writing under this agreement, may be delivered by hand, sent by post, email or facsimile transmission to the supplier.

Notice will be deemed to be received by the party to which it was sent:

  • In the case of hand delivery, upon written acknowledgement of receipt by a duly authorised person;
  • In the case of post within Australia, on the third (3rd) day following the date of the dispatch;
  • In the case of facsimile and/or email transmission at the commencement of the first (1st) business day post the transmission, provided that, following the transmission, the sender receives a transmission confirmation report.

 

Disputes

If a dispute arises relating to this agreement, the party seeking to resolve the dispute must notify the existence and nature of the dispute to the other party.

If the dispute cannot be resolved by negotiation between the parties within thirty (30) days from the date of the notification, the parties must refer the dispute to mediation under the rules of conciliation through the Australian Commercial Dispute Centre Limited, where the proceedings will be held in Sydney, New South Wales.

If the dispute has not been resolved within thirty (30) days post the mediation the dispute shall be submitted to arbitration in accordance with the rules for the Conduct of Commercial Arbitrations for the time being of the Institute of Arbitrators Australia. During such arbitration both parties may be legally represented.

Nothing in this clause shall prevent a party from seeking interlocutory relief through courts of appropriate jurisdiction.

Copyright in Software

Any software supplied under these terms is supplied subject to the terms and conditions of the relevant licence agreement applicable to it.

Software licence agreements may be packaged with the software and provided to the customer for execution or may require on screen acceptance by the customer. The customer agrees to use the software product in accordance with the terms and conditions of the relevant licence agreement.

Altitude IT will not be responsible for any breach of any software licence in respect of software provided to Altitude IT by the customer to be installed on a customer’s computer.

The customer hereby indemnifies Altitude IT against any loss, damage, costs, harm or other expense whatsoever arising either directly or indirectly as a result of Altitude IT installing software at the request of the customer, or the customer installing software supplied by Altitude IT.

Intellectual Property

The customer acknowledges that:

  • All trademarks, copyright and other intellectual property rights embodied in or in connection with the products and any related documentation, parts or software are the sole property of Altitude IT or its suppliers; and
  • All intellectual property of Altitude IT or its suppliers may only be used by the customer with the express written consent of Altitude IT or its suppliers, during the continuance of any relevant contract, and such consent extends only to essential use for the purposes stated in it.
  • The customer must not register or use any trademarks, trade name, domain name, commercial designation or design used by Altitude IT or its suppliers in connection with the products.
  • The customer will indemnify Altitude IT against all liabilities, damages, costs or expenses which Altitude IT may suffer or incur as a result of any work performed by Altitude IT in accordance with the customers specifications or as a result of the combination or use of the products with other equipment, parts or software not supplied by Altitude IT, and which results in the infringement of any intellectual property of any person.

 

Sub-Contracts

The supplier may sub-contract for the performance of this agreement or any part of this agreement upon obtaining the customer’s prior written consent.

The customer shall not unreasonably withhold consent for the engagement of a sub-contractor.

The supplier may, without the consent of the customer, engage individuals on a sub-contract or consultancy basis whether or not operating under a corporate structure, to assist in the provision of services pursuant to this agreement.

Confidentiality

Each party must treat all confidential information owned by the other party as confidential and a party shall not, without the prior written consent of the other party, disclose the other parties confidential information, except in circumstances where it is legally compelled to disclose the other parties confidential information.

Each party shall take all reasonable steps to ensure that its employees, agents and any sub-contractors engaged for the purposes of this agreement, do not make public or disclose the other parties confidential information.

The supplier may disclose the terms of this agreement (other than confidential information of a technical nature) to its related companies, solicitors, auditors, insurers and accountants.

Title and Risk

Until full payment in cleared funds is received by Altitude IT for all goods supplied to the customer as well as all other amounts owing to Altitude IT by the customer, title and property for all goods remain vested in Altitude IT and do not pass to the customer.

The risk or loss or damage of goods and all insurance responsibility for theft, damage or otherwise passes to the customer immediately upon delivery of the goods to the premises nominated by the customer.

General

Altitude IT may modify these terms at any time and any such modification will be notified to the customer by mail, email, or by posting on the Altitude IT website.

Definitions

In this agreement unless the contrary intention appears,

“Additional Charge” means a charge in accordance with the supplier’s standard rates in effect from time to time;

“Agreement” means the agreement for the supply and installation of the equipment and/or program/s or engaging in a consulting service;

“Conditions” means these conditions of provision of goods and services;

“Confidential Information” means the confidential information of a party which relates to the subject matter of the agreement and includes information relating to:

  • The technology and design of the equipment and/or program/s;
  • The personnel, policies or business strategies of the supplier;
  • The terms upon which the equipment and/or program/s has been supplied or installed pursuant to this agreement.


“Consulting Services” means the work completed by the supplier’s technician or trainer as will appear on the invoice form provided to the customer;

“Customer’s Normal Business Hours” means the normal hours during which the customer is open for business;

“Customer” means a person, firm or corporation that is acquiring products or services from Altitude IT;

“Delivery Date” means the date or period for the delivery of the equipment and/or program/s;

“Equipment” means the equipment, which is to be supplied by the supplier to the customer, pursuant to this agreement;

“Force Majeure” means a circumstance beyond the reasonable control of the parties which results in a party being unable to observe or perform on time an obligation under the agreement. Such circumstance shall include but is not limited to:

  • Acts of God, lightening strikes, earthquakes, floods, storms, explosions, fires and any natural disaster;
  • Acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution; and c. strikes.


“Installation Date” means the date (if any) for the installation of the equipment and/or program/s;

“Intellectual Property Rights” means copyright, trademark, design, patent, semiconductor, circuit layouts;

“No fault product” means a product returned by the customer to Altitude IT where the return is not due to the fault of the supplier or manufacturer or any fault with the product;

“Party” means either the supplier or the customer as the context dictates;

“Price” means the price of the equipment and/ or program/s and the charge of any services provided by the supplier, as will appear on the invoice form;

“Products” or “Goods” means any products (including software) or services (where applicable) supplied by Altitude IT to the customer and described in Altitude IT’s invoice;

“Program/s” means the software, which is to be supplied by the supplier to the customer, pursuant to the agreement;

“Services’ means services supplied by Altitude IT to the customer;

“Site” means the location for the delivery and installation of the equipment and/or program/s or where the consulting service is to take place;

“Supplier’s Normal Business Hours” means the normal hours during which the supplier is open for business.

Should any part of this policy be made invalid by relevant legislation, the remainder of the policy shall remain in force.

Hosting Terms & Conditions

By placing an order with Altitude IT, you confirm that you are in agreement with and bound by the terms and conditions below.

Definitions

The Client : The company or individual requesting the services of Altitude IT.

Altitude IT: Primary hoster/designer/site owner & employees or affiliates.

General

Altitude IT will carry out work only where an agreement is provided either by email, mail or fax. An 'order' is deemed to be a written contract between Altitude IT and the client, this includes email agreements.

Services

We may provide services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third party suppliers.

Hosting setup

Quoted times for account activation are estimates and we do not guarantee or imply activation within the quoted time frame. We may delay or refuse activation if:

  • Payment is not cleared or received in full
  • We believe the order, information or payment is fraudulent
  • You have any funds outstanding with relation to any other account
  • The domain name quoted does not exist, is in a non-usable state (e.g pending renew) or deemed to be proposed for use that voids our Acceptable Use policy
  • There is any other reason which we deem satisfactory


We may send notification of hosting activation however:

  • Your contact details must be correct and up to date
  • This is not final word that your hosting is fully active and ready for use, you must ensure the hosting is fully functional


You release us of any claim arising from failed hosting activation whether at fault of our system, our staff or any other factor out of our reasonable control.

Loss of service

We will endeavour to maintain network stability and satisfactory service levels, however:

  • We may from time to time perform routine maintenance, service and upgrades. We will endeavour to act on such instances at the most convenient times and provide reasonable notice by any means we deem satisfactory
  • We may experience outages beyond our control caused by any of the following; force majeure (any 'act of god' including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or failure of utilities (electricity, telephone, etc), failure of hardware (our hardware as well as third party), failure of software, failed software or hardware upgrade or any other failure as caused by Altitude IT, our suppliers or any third party
  • We may, at our discretion provide notification of outages whether planned or unplanned
  • You release us from any claim or potential claim with relation to outages and any loss of business/service suffered by you or any third party
Payment

We are entitled to recover (on a full indemnity basis) any costs, fees and charges (including legal costs) incurred in recovering any amounts owing by you to Altitude IT. Without limitation to the above, we may charge an administration fee of $30.00 for any dishonoured cheques.

You acknowledge that should we not receive renewal payment prior to the date of expiry we reserve the right to suspend services immediately without notice. We may provide a 30 day grace period whereby we will hold your information and data on our servers. Should this period expire without payment we reserve the right to purge all data pertaining to your account with us.

Suspension and cancellation

We reserve the right to suspend/cancel any/all service, including all domain names if:

  • You have any outstanding invoice or account
  • Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination
  • You fail to comply with any provision in this agreement or those referenced in this agreement
  • There is evidence of fraudulent, illegal, defamatory, offensive activies, or any activity in breach of a third party's rights
  • We deem your use of our services may jeopardize the operation of the service, Altitude IT or our suppliers
  • We deem any other reason as satisfactory to protect Altitude IT, our staff and/or our suppliers

Any suspension or cancellation is subject to our Refunds Policy.

If your account is cancelled under this agreement:

  • You must pay all outstanding charges to us immediately
  • We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation
  • We may immediately delete all data held prior to cancellation
  • We may perform any action without notice
Acceptable use policy

It is your responsibility at all times to:

  • Use our service and services in a manner which does not violate any applicable laws or regulations
  • Respect the conventions of the newsgroups, lists and networks that you use
  • Respect the legal protection afforded by copyright, trademarks, license rights and other laws to materials accessible via our service
  • Respect the privacy of others
  • Use the service in a manner which does not interfere with or disrupt other network users, services or equipment
  • Refrain from acts that waste resources or prevent other users from receiving the full benefit of our services
  • Ensure your use of our services remains ethical and in accordance with accepted community standards

You must at all times comply with law. You will be in breach of this policy on violation of state, federal or international laws.

It is not acceptable to use our service(s) to:

  • Violate copyright or other intellectual property rights
  • Illegally store, use or distribute software; transmit threatening, obscene or offensive materials
  • Engage in electronic 'stalking' or other forms of harassment such as using abusive or aggressive language
  • Misrepresent or defame others
  • Commit fraud
  • Gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet
  • Damage, modify or destroy the files, data, passwords, devices or resources of Altitude IT, other users or third parties
  • Engage in misleading or deceptive on-line marketing practices
  • Conduct any business or activity or solicit the performance of any activity that is prohibited by law
  • Make an unauthorised transmission of confidential information or material protected by trade secrets
  • "Spam" or engage in "spamming" activities
  • Engage obscene speech or materials, this includes, advertising, transmitting, storing, posting, displaying or otherwise making available; child pornography, offensive sexual content or materials or any other obscene speech or material
  • Post or transmit defamatory, harassing, abusive or threatening language
  • Create, distribute or provide information/data regarding internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing or denial of service attacks
  • Facilitate a violation of this Acceptable Use Policy
  • Perform any other action through utilization of any service which we deem unsatisfactory
  • Attempt to do any of the above

You also agree not to attempt any of the following:

  • Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, scripts, FTP, PHP, HTTP, Mail, etc
  • Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed
  • Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD
  • Run any software that interfaces with an IRC (Internet Relay Chat) network.
  • Run any gaming servers/services
  • Any activity which causes the server to crash / restart

You agree that we may at our discretion and by order of any law enforcement agency disclose information relating to your account and use of services. We may also report any action we find in breach of this agreement, local, state, federal or international laws and cannot be held liable for any outcome resulting in our actions.

Any breach of our AUP can result in immediate termination of services and loss of all data held on provided services. You release us, our staff and our suppliers of any liability resulting in such instances.

Liability and indemnity

You agree that we shall have no liability to you or any other person with respect to any loss of service, data, business, indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit/goodwill for any matter whether such liability is asserted on the basis of contract, tort, breach of warranties either expressed or implied.

You agree to defend, indemnify, save and hold us, our staff and suppliers from any and all demands, liabilities, losses, costs and claims, including reasonable legal fee's asserted against us, our agents, our clients, our offices and employees, that may arise or result from any service provided, performed or agreed to be performed or any product sold by a customer, their agents and employees.

You agree to defend, indemnify, and hold us harmless against liabilities arising out of:

  • Any injury to person or property caused by any products sold or otherwise distributed in connection with Altitude IT
  • Any material supplied by the customer infringing or allegedly infringing on the proprietary rights, legal and/or civil rights of a third party
  • Any breach of any representation or warranty provided herein
  • Any negligence or wilful misconduct by you
  • Any allegation that your account infringes a third person's copyright, trademark, or intellectual property right, or misappropriates a third person's trade secrets
  • Any defective products sold to customers from our server

By accessing any service hosted on our network you understand, agree and are bound to this indemnification and any other indemnification mentioned in our service agreement and agreements referenced to therein.

Should we be notified of pending legal action or intention to seek legal advice, we may seek written confirmation from you concerning your obligation to indemnify Altitude IT. Failure to provide such confirmation may be considered a breach of this agreement.

We cannot be held responsible for any damages your business/operation may suffer. We provide no warranties, expressed or implied, for service we provide. Nor do we guarantee your web site or applications will be error free on our servers. We are not responsible for loss of data resulting from delays, software incompatibility, hardware or software issues, outages, failed deliveries and any service interruption caused by Altitude IT, our employees or our suppliers.

Should any part of this policy be made invalid by relevant legislation, the remainder of the policy shall remain in force.