Terms & Conditions
1. APPLICABILITY AND ACCEPTANCE OF THESE CONDITIONS
1.1 These Conditions apply to each service/order that Eleven-IT Pty Ltd ABN 45 208 377 414 carries out. These Conditions do not apply for which there are separate terms and conditions specifics to other products and services.
1.2 Your acceptance of goods and services from us means that you accept these Conditions. No variations by you of these Conditions will be valid unless our authorized representative gives you written confirmation that that variation is accepted.
1.3 Eleven-IT Pty Ltd reserves the right to change these conditions from time to time.
2. PRICES, CHARGES AND PAYMENT
2.1 You agree to pay in full the amount specified on any invoice rendered by us for goods and services supplied to you on completion of service (C.O.D payment terms), unless we agree otherwise in writing.
2.2 Where we make individual deliveries of goods or deliveries in instalments, you may be invoiced separately for each delivery in which case, you agree to pay each invoice according to its terms.
2.3 There is a “No Fix, No Charge” policy. This means that if we cannot provide a solution to the problem, we will not charge you for our services. In some cases, the solution may be that you need to upgrade or replace your software or hardware. If we advise you to do so and you choose not to upgrade or replace your software or hardware, you acknowledge that we have met our commitment to you by providing a solution to your problem, whether or not you choose to implement that solution.
2.4 A customer “call back” is a no charge visit resulting from the issue not being fixed on first visit. If the original issue that was booked for was not directly addressed, no solution was offered and the problem persists there will be a second service to attempt to offer a solution.
2.5 We accept direct deposit, cash, credit card, business cheques and Eftpos. We do not accept payment by American Express and Diners Club cards.
3. RISK AND TITLE
3.1 During service an adult over the age of 18 must be present at all time.
3.2 Product warranty and liability depends on the individual manufacturer and will be followed accordingly.
3.3 You are liable to pay in full the price of any goods or services delivered to you. If you fail to pay for goods by the due date for payment, we will be entitled to retake possession of the goods, resell them and keep the proceeds of the sale.
4. UNANTICIPATED EVENTS
We may cancel or suspend service of any event caused by any delay or non-performance due directly or indirectly to wars, terrorism, strikes, lockouts, delays or defaults of manufacturers or suppliers, act of God, or any other cause beyond our reasonable control.
5. PRIVACY
5.1 You acknowledge that personal information concerning you collected or held by us may be used for a variety of purposes including:
a) To supply goods and services that you have ordered/commissioned
b) To administer your account and to enforce this contract; and
c) For marketing purposes.
5.2 You also agree that if you provide us with personal information about any other individual, you will ensure that the individual is aware:
a) That you have supplied their personal information to us and the reason.
5.3 If you fail to provide any information requested by us, we may be unable to supply the goods and services that you order or request.
5.4 In most circumstances, you have a right to access any personal information which we collect and hold about you and to have it corrected if it is wrong.
5.5 You consent to us sharing your personal information with our service providers.
5.6 If you apply to us for credit terms we may give certain information about you including identity particulars to a credit reporting agency and we will tell you separately about other uses and disclosures of your personal information relevant to your application for, or our provision of, credit
6. GST
6.1 In these Conditions the terms “GST”, “supply” and “tax invoice” have the meaning given to those terms in the A New Tax System (Goods and Services) Tax 1999 (Cth) and the term “GST” also includes any penalties or additional tax imposed in relation to the GST payable in relation to the supply of services under these Conditions.
6.2 Any amount payable by you under clause 2 is inclusive of GST.
6.3 If the amount of GST paid or payable by us on a sale made to you differs from the amount of GST you have paid to us for the goods or services sold, then the amount of GST paid by you will be adjusted either by further payment by you to us or repayment to you by us of the amount of the adjustment.
6.4 In relation to any GST paid by a party under these Conditions, including any adjustment, the payee will provide the payor with a tax invoice.
7. TERMINATION FOR BREACH
Without prejudice to our other rights at law, we may cease supply of goods or services to you immediately by giving notice in writing if you breach any material term of these Conditions.
8. DISCLAIMER OF LIABILITY AND WARRANTIES
8.1 The Trade Practices Act 1974 (Cth) and similar laws may confer rights and remedies on you in relation to the provision by us of goods or services ordered by you which cannot be excluded, restricted or modified (Non-excludable Rights). We do not exclude any Non-excludable Rights but we do exclude all other conditions and warranties implied by custom, law or statute.
8.2 Except as provided for by the Non-excludable Rights:
(a) all goods and services ordered by you are provided without warranties of any kind, either express or implied;
(b) we do not warrant that those goods and services will be complete or free from all errors;
(c) we do not warrant that information will continue to be available to us to enable us to keep those goods and services up-to-date; and
(d) all representations are expressly excluded and you have not relied on any representations in ordering goods and services from us.
8.3 To the fullest extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is limited at our option to supply of the good or service ordered by you again or paying for their resupply.
