These are the only terms and conditions under which we are willing to provide services to you. These terms will continue to form the basis of the contract between us until we provide new terms.
The terms and conditions:
These are the only terms and conditions under which "we" are willing to provide services to you. These terms will continue to form the basis of the contract between us until we provide new terms.
The terms and conditions definitions that apply to this agreement:
"We" means: CCTEK: City to Country Technical Solutions
"You" means: The individual
"An Authorized Representative " means you are a authorized representative of the business engaging the services of CCTEK."
A Business" means you are engaging our services as a business customer and acknowledge that a customized set of terms and conditions may apply that are more specific to the assignment being undertaken between "you" as a business and us "CCTEK" as the supplier of services.
"Assignment" means an identifiable piece of consultancy work we shall do for you
"Customized Set of Terms and Conditions" means that this set of terms and conditions maybe modified to included any special conditions required by CCTEK and you as a business in order to complete an assignment. These conditions may included items relating but not exclusive to additional costs relative to working conditions, location, travel distances types, times and accommodation. Payment schedules may differ by agreement in Custom Terms and Conditions.
"Up front cost" means a form of payment in advance.
"Confidential Information" means all information about your person or business and ours, without limit.
"Intellectual Property" means intellectual property of every sort, and including, among others, patents, trademarks, unregistered marks, designs, copyrights, software, domain names, discoveries, literary or artistic creations and inventions over which the person, who has created it, exercises a moral right to its exclusive use and a right to prevent anybody else from copying or adapting the said work in any form whatsoever.
Support Type Definitions
"SOE" means "Standard Operating Environment"
"Phone Support" means technical support over the the phone. Phone support is a style of support designated to guide and advise users of varying skill levels to through basic troubleshooting techniques and system configuration checks of the users SOE in order to resolve basic technical difficulties. The Time Block allocated to a Phone Support Session is 40 Minutes. After 40 minutes rates are calculated proportionally in 15 minutes increments rounding to the nearest increment. Proportional costs are 25% of the total cost of a Phone Support Session.
"Remote Assistance" means a service technical support through the use of a remote control application tolls. This service is designed to observe, take control of a remote control application session in order to make minor system configuration changes of the users SOE, in order to resolve user identified technical difficulties. Remote Assistance allows an support engineer to investigate root cause and resolve through real time configuration changes via a remote application control session. The Time Block allocated to a Remote Assistance Session is 45 Minutes. After 45 minutes rates are calculated proportionally in 15 minutes increments rounding to the nearest increment. Proportional costs are 25% of the total cost of a Remote Assistance Session.
"Site Visits" means "we" travel to the "your" designated location to resolve a pre-defined technical difficulty. The Time Block allocated to a Site Visit is 45 Minutes. After 45 minutes rates are calculated proportionally in 15 minutes increments rounding to the nearest increment. Proportional costs are 25% of the cost of a site visit without travel, within our local area.
2 Consultant's/ Engineer's fees and expenses
2.1 Our work time charging details are provided to you in writing, prior to any works being commenced by CCTEK as a consumer or a business. CCTEK reserves the right to provided mutually exclusive pricing to businesses and consumer customers alike.
Site Visit Charging
After 45 minutes rates are calculated proportionally in 15 minutes increments rounding to the nearest increment. Proportional costs are 25% of the cost of a site visit without travel, within our local area.
2.2 Prior to the Commencement of Works
DepositsIn some circumstances a 25% deposit of the total amount including good and service tax will be required "upfront" to secure the services of CCTEK, prior to any work commencing by CCTEK.
CCTEK agrees that the deposit amount is to be deducted from the "total cost" of the assignment charges.
Where circumstance exist where a deposit would be required can the deposit requirement be excluded. The conditions for exclusion "is" where additional special circumstances exist and then only with he express permission and written consent of the owner of CCTEK will works commence without a deposit being paid. An employee of CCTEK does not have the right to make this decision on behalf of the his employer.
Circumstances where deposits are required
Where a representative of CCTEK has to travel to a customer location for an assignment 25 - 50 Kilometres outside CCTEK established "Local Support Radiuses" for CCTEK City and Country Locations a 25% deposit is required "upfront". This amount is to be paid prior to any services being provided by CCTEK.
2.3 Our charging rate for travel is variable and is dependent on distant is travelled.
A set rate have been established for areas within 5 kilometres
A set rate for distances over 5 - 25 kilometres has been established
A set rate for distance of 25 kilometres and over has been established.
All costs are disclosed and agreed upon in writing prior to any works commencing by CCTEK.
Travel Over 100 Kilometres
CCTEK will not travel more than 100Km outside its established City and Locations to provide support services to "consumer" customers. there is no restriction on travel for "Business" customers. Travel Cost will be included in any set of "Custom Terms and Conditions".
2.4 We undertake at all times to maintain accurate and up-to-date records of the time spent by our staff upon each Assignment. Time shall be recorded in 15 minutes units rounding to the nearest unit.
2.5 Your invoice will include whatever reasonable expenses we have incurred in working on any Assignment
2.6 You must pay the sum specified in the invoice within 7 working days of our sending it.
2.7 CCTEK reserves the right to increase the its rates for work at any time without notice, providing we are not supply services to you at the time.
2.8 CCTEK agrees to provide notice of any price change to any new customers wish to engage its services for a reasonable period after a change in price for services.
2.9 We reserve the right to charge you interest in respect of the late payment of any money due under this agreement (both before and after judgment) at the rate of 5 per cent above the base rate from time to time of the Reserve Bank of Australia from the due date until receipt of payment.
3.0 - Business Customers will have the cost outlined in the "Custom Set of Terms and Conditions"
3.1 Identification of our Consultancy Services
You acknowledge that:
3.2 You buy as either a consumer as a business
3.3 As a business, you may be supplied a different set of terms and conditions relative to the assignment being undertaken by mutual consent between "CCTEK" and "you" as a business, but that these terms and conditions constitute the basis of the an agreement between us until we provide new terms
3.4 you understand exactly what is included in our Consultancy Services (the “Services”)
3.5 you are satisfied that the Services are suitable and satisfactory for your requirements;
3.4 this agreement does not create any partnership or joint venture between the parties.
3.5 by agreeing to these terms and conditions you have not relied on any representation or information from any source other than the conditions listed before on this page
3.6 Confidentiality
We are both aware that in the course of business, we will each have access to and be entrusted with information in respect of the business and operation of the other and their dealings, transactions and affairs, and/or any and all other proprietary information belonging to the other relating to his or hers private, business or businesses and/or related affairs, all of which information (written, oral or otherwise) is or may be confidential. Accordingly, you and we hereby undertake for us and every employee or sub-contractor whose services we may use both during and after completion of the Agreement:
3.7 that neither we nor they will divulge to any person whatever or otherwise make use of (and shall use their best endeavors to prevent the publication or disclosure of) any trade secret or confidential information.
3.8 that both of us shall make all of them aware of the confidentiality of information and the provisions of this paragraph and to take all such steps as shall from time to time be necessary to ensure compliance with these provisions.
3.9 Intellectual Property Rights
Software code and graphic images owned by a third party are not affected by this agreement. During and after completion of any Assignment and unless otherwise specified in this agreement ownership of Intellectual Property shall be as follows:
4.0 Software code written by us prior to the date of this agreement and incorporated in any Assignment belongs to us.
4.1 Code written specifically for the Assignment belongs to you.
4.2 All other Intellectual Property created or changed in the course of the Assignment will be your property.
4.3 We now grant an exclusive license to you for any code written by us prior to the date of this agreement and incorporated in any Assignment for use by you for a period of 99 years.
4.4 Limitation of liability
4.5 The following provisions set out our entire liability (including any liability for the acts and omissions of our employees) to you in respect of:
4.6 any breach of our contractual obligations arising under this agreement; and
4.7 any representation statement or tortuous act or omission including negligence arising under or in connection with this agreement;
4.8 Any act or omission on our part, falling within this paragraph shall be known as an "Event of Default";
4.9 Our entire liability in respect of any Event of Default shall be limited to damages of an amount equal to the total Price paid by you for this Assignment;
5.0 We shall not be liable to you in respect of any Event of Default for loss of profits, goodwill or any type of special indirect or consequential loss (including loss or damage suffered by you as a result of an action brought by a third party) even if such loss was reasonably foreseeable or us had been advised of the possibility of you incurring the same.
5.1 If a number of Events of Default give rise to substantially the same loss then they shall be regarded as giving rise to only one claim under this agreement.
5.2 Duration and termination
This agreement shall continue until terminated by one of the following events:
5.3 completion of the Assignment; or
5.4 one of us giving "24 hours" notice of termination to the other; or
5.5 by us at any time without notice if you fail to pay any sum due within 14 days of the date of submission of an invoice; or
5.6 Consultant's other work
We may engage in any other work or office or employment provided:
5.7 the other work is not for a business or organisation competitive with any business of yours.
5.8 we are available for work in accordance with the accepted terms of each Assignment as a business or consumer consultant.
5.9 Force majeure
Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control including fire, natural disaster, war or military hostilities and strikes of its own employees, and the date of delivery of the work/assignment be extended to the extent of any delay resulting from such force majeure event. And in such a situation:
6.0 Each of the parties agrees to give notice immediately to the other upon becoming aware of an event of force majeure such notice to contain details of the circumstances giving rise to it.
6.1 If a default due to force majeure shall continue for more than 6 weeks then the party not in default shall be entitled to terminate this agreement. Neither party shall have any liability to the other in respect of the termination of this agreement as a result of force majeure.
6.2 Notices
Any notice to be served on either of the parties by the other shall be sent by Australia post or pre paid recorded delivery or by facsimile and shall be deemed to have been received by the addressee within 72 hours of posting or 24 hours if sent by facsimile to the correct number.
6.3 Not withstanding termination of this agreement for whatever reason, all the provisions that are intended to operate or have effect after termination or expiration shall continue in full force and effect.
6.4 Without regard to the reason why this agreement ends, you will pay us for all work done to the time the notice of termination is received by us, calculated to the nearest one hour.
6.5 Successors to the agreement
6.6 The benefit and obligations of this agreement shall be binding on any successor in title.
6.7 Neither party shall be entitled to assign this agreement nor all or any of their rights and obligations hereunder without the prior written consent of the other.6.8 Dispute Resolution
In the event of a dispute arising out of or in connection with this Contract and which has not been resolved following discussions and negotiations between a person or persons appointed or authorized by you and us then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
6.9 Waiver
The failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this Contract shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Contract.
7.0 Jurisdiction
This agreement shall be interpreted according to the Laws of Australia and the parties agree to submit to the exclusive jurisdiction of the Australian courts.
Terms and conditions for CCTEK Information Technology Consultancy Services
Before submitting a support call via email, you must read and agree to the terms and conditions listed above.
7.1. To log a Support Call via Email
7.2. Fill in your details of the form below to log a support call.
7.3 To avoid errors submission errors, please complete all fields of the email form before submitting your request.
7.4 Click check box to acknowledge your agreement, then press submit.
Copyright
This Document is property of CCTEK - City to Country Technical Solutions but remains under copyright to Net Lawman Ltd, 2002-2009.