Terms and Conditions
General trading terms and conditions for Orgitool Pty Ltd ABN 58 113 239 624 trading as Organise Internet are detailed below. They are provided for information purposes and are effective as of 2nd March 2009.
These policies have been established to provide a consistent and clear framework within which Organise Internet will transact business with its customers. It outlines roles and responsibilities within the purchasing process, and provides a formal avenue for resolution of any issues that may arise.
Policy Changes or Updates:
Changes to these policies will be published via this web site, and as the current policy at time of purchase will apply, returning customers are required to check for updates upon each new purchase.
We may modify or withdraw this policy at any time, by providing 7 days notice published via this web site.
"Organise Internet / Us / We / Our" refers to Orgitool Pty Ltd and any of its authorized employees. Contractors or third party associates are not covered by this classification.
"You / Customer / Client" refers to any person accepting services, free or paid, from Orgitool Pty Ltd.
Conditions of Purchase:
In purchasing any product or service from Organise Internet, you are deemed to have understood and agreed to the following conditions of purchase:
- The information you provide us during the purchasing process must be true and accurate.
- You must not misrepresent yourself in any way to Organise Internet, this includes reporting a false billing address or using another persons credit card without authorisation.
- Australian customers must not misrepresent their location for the purposes of avoiding GST.
- All purchases are processed in Australian dollars.
- Australian customers will be charged an additional taxation rate of 10% GST.
- You agree that the product or service purchased will not be used, either directly or indirectly, in support of any activity that is deemed illegal under Australian law.
- The product will not be used in the direct or indirect support of any illegal organisation as defined by the Australian government.
- You have read, understood and agree to abide by the 'Organise Internet Trading Terms & Conditions' as described at time of purchase.
- While Organise Internet will retain your access details or product information securely, you are ultimately responsible for the storage and preservation of this information.
- Customers are responsible for their own additional tax obligations in relation to the purchase.
- Invoiced products should be paid within 7 days from invoice. Unpaid balances beyond 30 days may attract a percentage based late payment fee (maximum of 5% per month), compounded and payable monthly, of the total outstanding balance in Australian dollars. The customer agrees to pay this fee should it be applied. Unpaid balances beyond 45 days may be subject to immediate termination of services and/or legal action. The customer agrees that Organise Internet is not liable for any costs associated with services terminations in the event of unpaid invoices.
If purchasing a product or service that involves Organise Internet providing you with an ongoing line of credit, or in arrears facility of any type, a formal credit check may be required.
Customer disputed transactions raised against Organise Internet, that are proven to be valid purchases may incur a charge equal to our expenses in resolving the issue. If during the process of resolving an invalid transaction dispute penalties or legal costs in excess of $20 AUD are incurred by Organise Internet, we may hand these costs onto the customer for payment. In this case the customer agrees to pay these expenses (in full) within 30 days from the date the penalty fees are applied.
General discounts may be applied for volume purchases or at the discretion of Organise Internet. Discount information will be displayed individually on a per product basis. Current available discounts do not imply a permanent discount on the product, and may be revoked at any time without notice.
Termination of services:
All requests for service terminations must be either of the following:
- Email but with return email confirmation by a Organise Internet representative
- Entry into the Organise Internet case system (either by you or a Organise Internet representative)
Verbal termination requests are not acceptable. In the event of a disputed termination Organise Internet will request a written copy of the termination letter or email with confirmation from Organise Internet that it has been received.
You agree to give Organise Internet 1 months notice for all terminations.
Dispute Resolution Procedure:
We prefer to keep our dispute and complaints handling policy as simple as possible. We operate on the principle of honesty and fairness. Our focus when dealing with disputes or complaints is on producing a result that will satisfy all concerned.
If you have a complaint, you will be refreshed by our willingness to work the issue through to a reasonable conclusion. All we ask is that you remain fair and objective yourself, and we will work to resolve the issue until you are satisfied.
Price Variation & Currency:
All purchases are billed in Australian dollars and the customer is responsible for any currency exchange or taxation implication this may have upon them.
Organise Internet may vary pricing at any time without liability, but as a standard policy notification of pricing changes will be clearly displayed on this web site at least 4 weeks prior to the change.
Title to and risk of hardware products is the responsibility of the customer from the point of dispatch. Liability for bundled software products or pre-loaded software packages remains in effect as per the standard Organise Internet terms and conditions for software based products and services.
In cases where Organise Internet is acting in a channel or sales only capacity, and no handling of hardware has occurred by Organise Internet, liability is transferred to the manufacturer or group responsible for dispatch. In such cases the customer agrees not to hold Organise Internet liable for any equipment damage or defect.
The customer understands and agrees that the final purchase forms a contract for warranty and liability with the hardware manufacturer and/or their distributors, not Organise Internet. As such the customer agrees to hold Organise Internet immune to any resulting warranty claims, damage or loss.
Online Services Liability:
Organise Internet will make every reasonable effort to ensure quality and security in the delivery of its online services. This involves the regular review and auditing of our handling and distribution processes. Additionally, we will ensure that security methods are as comprehensive and controlled as reasonably possible. There are, however, some circumstances under which Organise Internet cannot extend this control. In such cases the customer agrees to hold Organise Internet and its representative immune to any liability or damage that may arise. These circumstances include:
- A deliberate and successful attack upon Organise Internet security or data storage facilities resulting in data loss, partial corruption, electronic virus transmission through our systems or exposure of customer information.
- An illegal or malicious act that results in data loss, electronic virus transmission through our systems or exposure of customer information.
- Any accident outside Organise Internet's reasonable control that results in data loss, electronic virus transmission through our systems or exposure of customer information.
- Any act of war, act of terrorism, civil disturbance, natural event or legal enforcement that negatively impacts the customers dealings with Organise Internet.
- Third party negligence that results in data loss, electronic virus transmission through our systems or exposure of customer information.
- Any violation of a customers privately held third party contracts or agreements.
- Any uncontrollable system failure that results in data loss, electronic virus transmission through our systems or exposure of customer information.
- Any act that through dealing with the customer unknowingly associates Organise Internet with an illegal outcome, as defined under current Australian law.
- Organise Internet will test and review all developments to ensure the highest possible standard of quality control. We will take every reasonable effort to ensure the product you receive is the one that matches your requirements.
- In the case of web sites and other web based applications Organise Internet will warrant all work for a period of 45 days after handover in a staging environment. In the event that a product is defective or does not function according to specification Organise Internet will promptly rectify the problem. Our focus is on ensuring you receive the best possible experience and gain maximum benefit from your purchase, and we will make every reasonable effort to help you do so. The customer agrees that all out of scope work requested will be paid for over and above the price quoted.
Disclaimers & Third Party Policy:
Any Organise Internet specified warranties, disclaimers or third party policies associated with your purchase are deemed to be in effect at all times.
In the event a third party policy appears to contradict a Organise Internet policy, you must not make assumptions about the policy intention or which condition has supremacy. In this case you must contact Organise Internet for clarification.
You agree to abide by these at all times. You agree to hold Organise Internet immune to any liability or damage you may suffer from third party policy, negligence or action.
Protection of Intellectual Property:
You agree not to reproduce, copy, imitate, distribute or on sell any information/images/data/concepts/products contained on this site or in any Organise Internet supplied collateral.
Web site design often requires stock images from a third party library. You agree to hold Organise Internet immune to any liability for the incorrect use of these images.
Technical Support Services:
All standard and enterprise support services that do not include a direct onsite delivery, are considered to be 'best effort' services. This means that Organise Internet will make every reasonable effort to provide timely, accurate and helpful support advice. Free support programs are limited to advice concerning our product range. Issues that move significantly into areas such as Operating System support or hardware support will generally be refereed back to your appropriate supplier.
Because Organise Internet personnel are not present at your location at the time the support advice is given, we do not have direct control or confirmation that our instructions are being carried out exactly as prescribed. For this reason Organise Internet accepts no liability, expressed or implied, for any damages that may arise from such advice or any subsequent action you may choose to take as a result of your interpretation of our technical advice.
The decision to act upon our technical advice, how our advice is interpreted and how it is ultimately implemented, is the final responsibility of the customer. In purchasing any product form Organise Internet or accepting any remote offsite support, the customer agrees to these conditions and agrees to hold Organise Internet immune to any damage that may occur as a result of such advice.
Onsite support, including training, carries some degree of liability. Organise Internet accepts responsibility for advice given when directly onsite and in such circumstances where the customer has made Organise Internet aware of all relevant issues. In such cases Organise Internet limits its financial responsibility to the cost of replacement of any software based component that may fail in the implementation of any support action. Hardware failures are not covered by this extension of liability, except in cases when liability is clearly implied by Australian Federal Law. Laws of all other countries, states or territories are rescinded in such cases and the customer agrees to abide by these terms in accepting any onsite support services from Organise Internet.
If you have any questions concerning this policy please contact us on 02 4325 1298 If calling from outside Australia +61 2 4325 1298.
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