1. Introduction and definitions
a) Downtime Assassin or We or Us or Our means Rule Technology Pty Ltd ATF Rule Technology Unit Trust (ABN 30 992 099 408) trading as Downtime Assassin.
b) You or Your means you Our customer and if more than one party then jointly and severally.
c) This is Our contract with You (Customer Terms). In addition to this document You may be sent a proposal (IT Services Agreement) which is incorporated into these Customer Terms. In the event of any inconsistency between these Customer Terms and any IT Services Agreement the terms and conditions of the IT Services Agreement shall prevail.
2. Your Customer Terms
a) We may supply service (which may include equipment) on these Customer Terms.
b) All information You provide to Us must be true, correct, complete and not misleading. We rely on the accuracy of all information You provide.
c) In processing Your Customer Terms, We may collect, use and disclose personal information about You, including Your name, address and credit information, in accordance with the Privacy Act 1988.
3. Billing and payment
a) You must pay Us all applicable charges quoted to You and other amounts due under these Customer Terms for any IT equipment or services We provide to You.
b) If any information You provide or fail to provide renders the service more costly because of factors You knew, or reasonably ought to know, or which are beyond Our reasonable control, We may decline to proceed with service unless You agree to revised charges.
c) Invoices may be issued to Your email or postal address and, depending on the type of equipment or service, will be for charges in advance or arrears.
d) Invoices are due within 14 days of issue unless a different timeframe is stated on Your invoice or in Your IT Services Agreement.
e) If any invoice is not paid by You on time, We may charge:
i) a reasonable late fee, and
ii) interest at 0.5% a month from the due date until it is paid in full, and
iii) the full amount of any legal or collection fees and expenses that We incur.
f) Our records of what You owe Us are deemed to be right unless You show them to be wrong. If You dispute an invoice, You must pay it on time. We will credit You if it is later determined that You are entitled to a credit.
g) You may not raise a billing dispute more than 12 months after an invoice is issued, and We will not pay any refund or give any credit in respect of a period prior to that.
4. GST (Goods and Services Tax)
a) Our prices are taken to be GST exclusive unless they are expressed to be GST inclusive. Where any amount is GST inclusive, it is the gross amount, inclusive of any GST payable in respect of any taxable supply for which that amount is paid.
b) We may recover any GST payable under this clause in the same manner as Our charges.
5. Your co-operation
You must give Us all reasonable cooperation that We require in order to provide a service to You, and fixing any problems that arise, and resolving any disputes that may arise or complaints that You may have.
If You have any complaints in connection with the service (including complaints about Your invoice), You should contact Us first to resolve the complaint via the contact details available on Our website or Your invoice. We will handle all complaints in accordance with Our complaint procedures.
7. Errors in Our documents
a) Clerical or computation errors and misprints in any document that We provide to You may be corrected by Us reissuing the document or by otherwise giving You notice of the error or misprint with reference to the original document.
You are not entitled to a reduction or variation in the price of the services by reason of any such errors or misprints.
8. Supplied equipment
a) This clause applies if We supply equipment to You.
b) You assume risk in equipment upon delivery.
c) We or Our partners or other 3rd parties retain title to:
i) Equipment rented or loaned to You – at all times;
ii) Any other equipment – until full payment has been made.
d) If You use any equipment We have not approved or provided:
i) It must comply with all applicable technical and interconnection standards and requirements, including those set by its supplier or the manufacturer;
ii) You are responsible for ascertaining what those interconnecting standards are since We will not be familiar with the equipment; and
iii) We will not be liable to You for any losses or expenses You incur in relation to Your use of the equipment, except to any extent We cause or contribute to it by Our negligence.
9. Delivery of equipment
a) We will try to deliver equipment to You at the address (Site) You provide to US or as indicated on Your Proposal during normal business hours in that area.
b) Variations at Your request to delivery date are at Our discretion and may be subject to conditions, including extra charges.
10. Installation of equipment and onsite service
a) This clause applies if We expressly agree to install equipment or provide an onsite service.
b) We will install the equipment or provide an onsite service at the Site during normal business hours in that area unless otherwise specified in Your contract or agreement. You must provide us with safe access to the Site.
c) You must prepare the Site for installation or service (in accordance with any directions or specifications issued by us) at Your own expense, including providing:
i) appropriate electricity supply and fittings;
ii) appropriate environmental conditions;
iii) a secure location for the equipment;
iv) all relevant facilities for the location of the equipment;
v) access to all relevant personnel including Your technical personnel;
vi) where relevant, permission for Us and Our representatives and agents to enter the site and install the equipment including making any minor physical modifications reasonably necessary for the purpose.
d) You warrant to Us that as at the date of installation or onsite service, You will have notified any relevant parties and obtained all relevant consents for Us to enter onto the site, install equipment and/or provide an onsite service.
e) You must indemnify Us against any claim made against Us, or loss incurred by Us (including legal costs on a full indemnity basis), in connection with such entry and installation, except to any extent that we cause or contribute to it by Our negligence.
f) If installation or onsite service must be rescheduled because You breach this clause, We may make a reasonable charge for Our additional costs.
11. Governing law
Your Contract is governed by and must be construed in accordance with the laws of Western Australia. You and We submit to the exclusive jurisdiction of the courts of Western Australia and the Commonwealth of Australia.
12. No waiver
A failure, delay, relaxation or indulgence by Us in exercising any power or right conferred does not operate as a waiver of the power or right.
13. Limitation of liability
a) For goods or equipment We supply to You, Your rights are governed by the Competition and Consumer Act, and any applicable manufacturer’s warranty.
b) You may report a fault by contacting Us or other relevant parties if You have a maintenance agreement with them. Contact numbers can be found on Your invoice or via Our website.
c) Subject to clause 13a and to the extent permitted by law:
i) any representation, warranty, condition or undertaking that would be implied into these Customer Terms by legislation, common law, equity, trade, custom or usage, or otherwise is excluded; and
ii) We accept no liability whatsoever for any indirect or consequential loss including but without limitation any economic loss, business interruption, loss of revenue or profits, actual or potential business, anticipated savings, loss of data, arising out of the provision of or failure of a service or equipment.
Current Charge Rates:
$180 ex GST per hour charged in 15m increments. Minimum 15m charge.
$90 ex GST call out fee for on site engagements.
50% loading for weekends and out of business hours work.
75% loading for public holidays.