Website Terms and Conditions for Transparent Computing – ABN 61 442 759 679

1. Introduction

1.1 These terms and conditions (“Terms”) govern your use of the Transparent Computing website at www.transparentcomputing.com.au (“Website”). Transparent Computing is a trading name of A Stacey and C Scott, ABN 61 442 759 679.

1.2 By using the Website, you accept these Terms in full. If you disagree with any part of these Terms, you must not use the Website.

1.3 You must be at least 18 years of age to use the Website. By using the Website, you warrant and represent that you are at least 18 years of age.

2. Intellectual Property Rights

2.1 Unless otherwise stated, Transparent Computing and/or its licensors own the intellectual property rights in the Website and the material on the Website.

2.2 You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.

3. Acceptable Use

3.1 You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website, or in any way which is unlawful, illegal, fraudulent, or harmful.

3.2 You must not use the Website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

3.3 You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to the Website without Transparent Computing’s express written consent.

4. Limited Warranties

4.1 Transparent Computing does not warrant the completeness or accuracy of the information published on the Website, nor does it commit to ensuring that the Website remains available or that the material on the Website is kept up to date.

4.2 To the maximum extent permitted by applicable law, Transparent Computing excludes all representations, warranties, and conditions relating to the Website and the use of the Website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose, and/or the use of reasonable care and skill).

5. Limitations and Exclusions of Liability

5.1 To the extent that the Website and the information and services on the Website are provided free of charge, Transparent Computing will not be liable for any loss or damage of any nature.

5.2 Transparent Computing will not be liable to you for any direct, indirect, special, or consequential loss or damage arising out of or in connection with your use of the Website.

6. Indemnity

You hereby indemnify Transparent Computing and undertake to keep Transparent Computing indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by Transparent Computing to a third party in settlement of a claim or dispute) incurred or suffered by Transparent Computing arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.

7. Variation

Transparent Computing may revise these Terms from time to time. Revised Terms will apply to the use of the Website from the date of the publication of the revised Terms on the Website.

8. Law and Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Australia, and any disputes relating to these Terms will be subject to the exclusive jurisdiction of the courts of Australia.

9. Contact Information

If you have any questions about these Terms or the Website, please contact Transparent Computing at [email protected]

Service Payment and Liability Waiver Terms for On-Site & Remote Support

Payment Terms:

• Basic Fee: The CLIENT will pay TRANSPARENT COMPUTING (full name: TRANSPARENT COMPUTING) a base charge of $150.00 inc GST. This covers 60 minutes of on-site service.
• Additional Charges: Additional time will be billed in 30-minute increments at $75.00 each.
• Invoice Payment: All charges should be paid upon receiving the tax invoice. Late payments may attract up to 15% in additional fees.
• Technical Support: The CLIENT permits our onsite tech to call our Level 2 support team for expert troubleshooting assistance.

Liability Waiver:

• No Guarantees: TRANSPARENT COMPUTING offers no warranty beyond the manufacturer’s terms for any services or parts provided.
• Potential Risks: Services can pose risks to the CLIENT’s hardware, software, data, and physical environment.
• Waiver: The CLIENT releases TRANSPARENT COMPUTING from any damages or losses resulting from the services.
• Permissions Granted by CLIENT: The CLIENT allows TRANSPARENT COMPUTING to:
  • Access their property and computing setup.
  • Manage their software and data.
  • Disassemble and reassemble computer systems and components.
  • Install or update hardware and software. (Note: The CLIENT must ensure licensing for software provided.)
  • Backups are the CLIENT’s responsibility, unless they request and pay for backup services from TRANSPARENT COMPUTING.
• Solicitation: The CLIENT won’t solicit TRANSPARENT COMPUTING’s team for other jobs for one year after the last service.
• Hardware Left Behind: If the CLIENT leaves hardware with TRANSPARENT COMPUTING and cannot be reached for three months, the hardware and its data become TRANSPARENT COMPUTING’s property. Reasonable communication attempts will be made.
• Scope: This agreement applies everywhere TRANSPARENT COMPUTING serves.

TERMS OF SUPPLY

These are the Terms and Conditions of Quotation and Sale (“Terms and Conditions”) of all products supplied by Transparent Computing, except as otherwise expressly agreed upon in writing between an authorized representative of Transparent Computing and the customer. The following Terms and Conditions apply regardless of any contrary provisions that may appear in any customer document or agreement with Transparent Computing.

1. Definitions
   • “Customer” refers to the individual or entity placing an order for products and/or services offered by Transparent Computing. The customer confirms its authority to enter this agreement and has obtained necessary permissions.
   • “Transparent Computing” refers to the entity the Customer is contracting with, as detailed on quotations, invoices, and other relevant documents.
   • “Quote” encompasses documents that state a price for services, including but not limited to invoices and electronic or handwritten quotations.
   • “Works” signify services provided, products delivered, or any assignments completed by Transparent Computing.
2. Binding Agreement
   • Accepting a Quote, placing an order, making a deposit, or accepting products/services implies the customer’s binding agreement to these Terms and Conditions.
   • Transparent Computing reserves the right to modify these terms, which will be effective upon notification to the customer.
3. Pricing
   • Transparent Computing may adjust a Quote in case of errors or omissions. This right stands even after a Quote’s acceptance.
   • A deposit might be required upon accepting a Quote, at Transparent Computing’s discretion.
   • Prices in a Quote remain valid for 30 days. After this period, Transparent Computing may amend the Quote.
   • Deposits may be partially or fully non-refundable, reflecting the estimated costs incurred.
   • Quotations may be adjusted upon customer requests or if not fulfilled within 30 days. Any changes require mutual agreement before resuming work. Payments for alterations are due immediately.
4. Payment Terms
   • Payments must align with the Quote unless credit is approved by Transparent Computing.
   • Failure to pay allows Transparent Computing to demand upfront payments for further work, charge interest on overdue amounts, recover owed amounts, and cease ongoing or future work.
   • Customers cannot offset or deduct any claimed sums from the payment due to Transparent Computing.
5. Completion Timeline
   • Transparent Computing will aim to meet the estimated delivery or completion dates, but any delays don’t grant the customer cancellation or refusal rights or claims for damages.
6. Inspection
   • Customers should inspect delivered products immediately. Claims for defects or damages must be made in writing within 14 days of delivery.
   • For products to be installed by Transparent Computing, customers should avoid tampering with them.
7. Ownership and Risk
   • Product ownership remains with Transparent Computing until full payment is received. The customer is responsible for the products once delivered.
8. Force Majeure
   • Transparent Computing is not liable for delays or failures due to unforeseen events beyond its control, including natural disasters, strikes, and government interventions.
9. Product Substitution
   • Transparent Computing may replace unavailable products with reasonable alternatives.
10. Warranties

• Transparent Computing offers a 12-month defect warranty on its services, aligned with statutory requirements. Exclusions apply based on improper use, wear and tear, and unauthorized tampering.

11. Customer Responsibilities

• Customers must verify orders, ensure uninterrupted work conditions, and provide clear site access. Transparent Computing isn’t liable for site damages or visual/noise concerns of installed products.

12. Termination

• Transparent Computing can suspend deliveries and recover unpaid products if the customer defaults or faces bankruptcy or liquidation.

13. PPSA Provisions

• The customer acknowledges that these terms create a security interest under the PPSA and Transparent Computing can register this interest.

14. Privacy Considerations

• Transparent Computing collects and retains personal information for internal use and complies with the Privacy Act 1988.

15. General Provisions

• These terms are governed by local laws, and any invalid clauses don’t invalidate the entire agreement. Transparent Computing limits its liability to the order’s contract sum.

16. Amendments

• Customers should contact Transparent Computing for clarifications or changes. Proceeding after receiving these terms is considered acceptance.