To engage our services, please agree below.
Authorised Representative means the person nominated by the Customer on acceptance of a Quote, instruction to proceed, Credit Application and any other person as nominated in writing by the Customer to the Supplier from time to time;
Credit Application where applicable means the Supplier’s credit application form completed by the Customer;
Consultation, Deployment & Project Pricing brochure and the Technical Expertise Support Pricing Matrix brochure mean documents described as such on the Website or otherwise provided by the Supplier to the Customer and as varied from time to time by the Supplier;
Continuing Agreement means when the Supplier agrees to supply Services and/or Goods to the Customer as part of an Engagement which the Supplier has approved for more than a single transaction, whether or not on a credit basis;
Customer means the customer or applicant named in this Agreement or the Credit Application;
Engagement means whenever the Supplier agrees to supply Goods and/or Services to the Customer and includes any Substantial Change or other agreed variation to the terms of the Engagement;
Goods means any and all goods supplied by the Supplier to the Customer from time to time under this Agreement;
Order means any request by the Customer to the Supplier by e-mail, online booking or other means agreed to by the Supplier for the supply of Goods and/or Services.
Personal Guarantee means the personal guarantee annexed to the Credit Application or other binding Personal Guarantee agreement;
Standard Pricing means the prices for the Supplier's Goods and Services as recorded in the Consultation, Deployment & Service Pricing brochure or as otherwise agreed;
Purchase Price means the price of the Goods and/or Services as calculated under this Agreement;
Supplier means Tech Help Direct Pty Ltd ACN 150356791;
Quote means the Supplier's quote, tender or proposal provided to the Customer for the supply of Services and/or Goods under this Agreement, including any Substantial Change;
Services means any services supplied by the Supplier to the Customer from time to time that relate to any work or service contemplated by this Agreement and the Quote;
Substantial Change means any variation to a Quote that may in any way affect the scope of Services and/or Goods as agreed to by the Supplier;
Tax Invoice means the tax invoice supplied by the Supplier to the Customer;
Terms and Conditions means these terms and conditions; the Personal Guarantee; the terms of a Quote; the Consultation, Deployment & Project Pricing brochure and the Technical Expertise Support Pricing Matrix brochure. In the case of a Continuing Agreement every single or on-going Engagement or provision of Services and/or Goods is subject to these Terms and Conditions.
Website means the Tech Help Direct website at www.techhelpdirect.com.au.
(a) the Customer signs this Agreement on paper or digitally at the Tech Help Direct Website;
(b) the Credit Application is signed by the Customer or their Authorised Representative on paper or digitally;
(c) the Customer accepts a Quote online by clicking the acceptance link on the emailed Quote issued by the Supplier; or
(d) the Customer instructs the Supplier to supply the Services and/or Goods.
(a) the price agreed between the Supplier and the Customer in writing;
(b) the price set out in an accepted Quote; or
(c) where the Supplier does not issue the Customer with a Quote, the amount of the Tax Invoice.
(a) if that appointment is requested and/or Services are required between 5:30PM and 10:00PM or between 6:30AM and 8:30AM, Monday to Friday, or between 8:30AM and 5:30PM on a Saturday, any Services will be calculated at the 'Out of Office Hours' rate in the Standard Pricing.
(b) if that appointment is requested and/or Services are required between 10:00PM and 6:30AM, Monday to Friday, or between 12:00AM and 8:30AM or between 5:30PM and 11:59PM on Saturdays, or all day on Sunday or a Public Holiday, any Services will be calculated at the 'Emergency Support' rate in the Standard Pricing.
(c) if the Customer does not cancel that appointment no less than 2 hours prior to the scheduled time of the appointment, the Supplier may issue a Tax Invoice for 1 hour of labour pursuant to the Standard Pricing.
(a) between 0-20, 21-40, 41-60, 61-90 and 91-120 Kilometres from 140 Bundall Road, Bundall QLD 4217, Australia as per the Standard Pricing
(b) between 0-20, 21-40, 41-60, 61-90 and 91-120 Kilometres from 720 MacArthur Avenue Central, Pinkenba QLD 4008, Australia as per the Standard Pricing.
(a) must be made by either direct deposit into the Supplier's nominated bank account or through the credit card portal listed on the Tax Invoice;
(b) must be made within 7 days of the date as noted on the Tax Invoice or as otherwise directed by the Supplier; and
(c) must be made in the manner as stated on the Tax Invoice.
(a) will not accept the return of Goods by the Customer and the Customer acknowledges that the Supplier is not required to accept the return of Goods; and
(b) has the sole discretion to accept return of defective Goods.
(a) that all information provided to the Supplier is accurate and acknowledges that the Supplier has placed reliance on the information provided and is not required to make any enquiries to determine the validity of the information provided;
(b) the Authorised Person has the authority to perform and authorise any action that the Customer may undertake; and
(c) that all times throughout the term of this Agreement the Customer will notify the Supplier if there is a change to the Customers Authorised Person.
(a) the extent permitted by law, collect, retain and use any information about the Customer; and
(b) disclose any information obtained by any person for the purposes of delivering the Services and/or Goods.
(a) any penalty or liability incurred by the Supplier for any breach by the Customer of this Agreement; and
(b) all actions, claims, demands, losses, damages, costs and expenses which the Supplier may sustain or incur or for which the Supplier may become liable whether during or after the term of this Agreement, by reason of any act or omission or negligence by the Supplier and its respective employees or any other authorised person.
(a) full and complete payment of the Purchase Price or the amount of the Tax Invoice as appropriate has been received by the Supplier; and
(b) any other obligations under this Agreement have been fulfilled by the Customer
(a) where practicable the Goods must be kept separate and identifiable until the Supplier has received full payment of the Purchase Price and all other obligations of the Customer are met;
(b) until such time as ownership of the Goods shall pass from the Supplier to the Customer the Supplier may give notice in writing to the Customer to return the Goods or any of them to the Supplier. Upon such notice the rights of the Customer to obtain ownership or any other interest in the Goods shall cease;
(c) the Supplier shall have the right of stopping the Goods in transit whether or not delivery has been made;
(d) if the Customer fails to return the Goods to the Supplier then the Supplier or the Suppliers' agent may enter upon and into land and premises owned, occupied or used by the Customer, or any premises as the invitee of the Customer, where the Goods are situated and take possession of the Goods;
(e) the Customer is only a bailee of the Goods and until such time as the Supplier has received payment in full for the Goods then the Customer shall hold any proceeds from the sale or disposal of the Goods, up to and including the amount the Customer owes to the Supplier for the Goods, on trust for the Supplier;
(f) the Customer must not deal with the money of the Supplier in any way which may be adverse to the Supplier;
(g) the Customer shall not charge the Goods in any way nor grant nor otherwise give any interest, including but not limited to a security interest, in the Goods while they remain the property of the Supplier;
(h) the Supplier can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Customer; and
(i) until such time that ownership in the Goods passes to the Customer, if the Goods are converted into other products, the parties agree that the Supplier will be the owner of the end products.
(a) to cancel your service contract with us; and
(b) to a refund for the unused portion, or to compensation for its reduced value.
(a) makes default in any payment;
(b) breaches any terms contained in this Agreement;
(c) commits any act of bankruptcy or goes into bankruptcy;
(d) is insolvent, or is likely to become insolvent, within the meaning of the Corporations Act 2001 (Cth);
(e) has an administrator, liquidator or provisional liquidator, receiver and manager, or controller appointed over the Customer;
(f) is subject to a winding up application under the Corporations Act 2001 (Cth); or
(g) has a judgment awarded against it by any court or tribunal which is not satisfied within 14 days; then Supplier may terminate this Agreement and all Tax Invoices and other monies owing to the Supplier become immediately due and payable.
(a) elect to apply an interest charge against the Customer's account at the rate of 5% of the outstanding monies per month or part thereof;
(b) charge an administration fee each month, or portion thereof, that an amount owing by the Customer is overdue;
(c) commence proceedings against the Customer or enforce any personal guarantee;
(d) call and act upon any security interest that the Supplier is entitled to enforce;
(e) recover against the Customer all monies that are owed to the Supplier including incidental costs that are incurred in relation to the Customer's default;
(f) list the default in payment with the appropriate credit reporting agency; and
(g) perform any other action that the Supplier deems appropriate to enforce this Agreement and recover monies owed.
(a) where the Customer is the owner of land, realty or any other asset capable of being charged, the Customer agrees to mortgage and/or charge all of its interest in the said land, realty or any other asset to the Supplier or the Suppliers' nominee to secure all amounts and other monetary obligations payable under these terms and conditions;
(b) the Customer acknowledges and agrees that the Supplier (or the Suppliers' nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met;
(c) should the Supplier elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer shall indemnify the Supplier from and against all of the Suppliers' costs and disbursements including legal costs on a solicitor and own client basis; and
(d) the Customer agrees to irrevocably nominate constitute and appoint the Supplier or the Suppliers' nominee as the Customer's true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause.
(a) the Services and/or Goods (including but not limited all calculations and documents associated with the Services and/or Goods); and
(b) all designs, drawings, technical information and documents created, owned or held by the Supplier, remain the property of the Supplier.
(a) present and after-acquired property of the Customer in relation to which the Customer can be grantor of a security interest under the Personal Properties Security Act 2009; and
(b) Property (including any proceeds of that Property) supplied on retention of title terms to the Customer by the Supplier pursuant to the terms of this Agreement.
(a) constitutes a security agreement;
(b) creates a security interest in all Goods previously supplied by the Supplier to the Customer; and
(c) creates a security interest in all Goods that will be supplied in the future by the Supplier to the Customer.
(a) register a financing statement or financing change statement in relation to a security interest on the Personal Properties Security Register;
(b) register any other document required to be registered by the Personal Properties Security Act 2009; or
(c) correct a defect in a statement referred to in this clause.
(a) Section 96;
(b) Section 115; and
(c) Section 125 of the Personal Properties Security Act 2009.
(a) Section 95;
(b) Section 118:
(c) Section 121(4);
(d) Section 130;
(e) Section 132(3)(d); and
(f) Section 132(4) of the Personal Properties Security Act 2009.
(a) Section 142; and
(b) Section 143 of the Personal Properties Security Act 2009.
(a) Delivered personally;
(b) Posted to their address specified in the Credit Application, or as later notified by them, in which case it will be treated as having been received on the second business day after posting;
(c) Faxed to the facsimile number of the party with acknowledgment of receipt received electronically by the sender, when it will be treated as received on the day of sending; or
(d) Sent by email to their email address, when it will be treated as received on that day.
(a) this will not affect the validity and enforceability of the provision or part in other jurisdictions;
(b) the provision or part will only be ineffective to the extent of the prohibition, invalidity, voidness or illegality; and
(c) the provision or part will be severed and will not affect the validity or enforceability of the remaining provisions or parts of this Agreement.