General Terms and Conditions
These Terms and Conditions govern the supply of goods and services by DegTech Pty Ltd. They apply to every quote, order, plan, contract or other arrangement in connection with the supply of goods or services by us to you. Please read them carefully.
General
1. Definitions and Interpretation
In these Conditions, the Rate Schedule and every Quote, Order, Plan, contract, or other arrangement in connection with the supply of Goods or Services by DegTech Pty Ltd, the following words have the following meanings:
- “After Hours” means from 17:00 to 09:00 Monday to Friday and all day Saturday and Sunday, including Public Holidays;
- “Business Hours” means Monday to Friday from 09:00 to 17:00 hours excluding Public Holidays;
- “Client”, “You” or “Your” means a person who seeks or obtains a quote for, or who orders, Goods or Services from Us, and includes a person whose name is on the Order or on an email to which an order is attached, a person who places an order, and a person on whose behalf an Order is placed or appears to be placed, and in each case their heirs, successors and assigns;
- “Conditions” means these terms and conditions;
- “Goods” means any goods and/or services sourced or provided by Us, including computer hardware and Software and any goods or services provided in connection with any of those things;
- “GST” has the meaning given to it under A New Tax System (Goods and Services Tax) Act 1999 (Cth);
- “Order” means any order requested by You to Us for Goods or Services in any form;
- “Quote” means a quote provided to You by Us;
- “Period” means a particular number of half-days, days, weeks, fortnights, months, or any other period, as agreed between Us and You as the period during which some Services will be provided;
- “Plan” means any arrangement between Us and You for Services (including unlimited support) and/or the provision of Goods under an arrangement in connection with Work agreed to be done for or on behalf of You or any other person at Your request, including as set out in a Plan Schedule;
- “Plan Schedule” means the key terms applicable to Plans as set, and as may be varied by Us, from time to time in its absolute discretion without notice to You;
- “Public Holidays” means any day which is a public holiday throughout Victoria;
- “Rates” means the hourly rates and other charges for Services (including any call-out fees and Return/Cancellation Fees) set out in the Rates Schedule, a Plan, Plan Schedule, Quote, contract or arrangement entered into by Us and You or in these Conditions, and includes any monies payable to Us on a quantum meruit basis for any work done;
- “Rate Schedule” means the schedule of rates, charges and conditions for Our services as set, and as may be varied, by Us from time to time in its absolute discretion without notice to You;
- “Reasonable Assistance Limits” has the meaning set out in clause 17;
- “Return/Cancellation Fee” means a fee charged pursuant to clause 12 as set by Us from time to time;
- “Service Request” means a request for service such as adds, moves, changes and technical assistance;
- “Services” means the provision of any services by Us including Work, advice and recommendations;
- “Software” includes software and any installation, update, associated software and any services provided in connection with any of these things;
- “Us”, “Our” or “We” means DegTech Pty Ltd (ABN 81 631 801 744) and its heirs, successors and assigns; and
- “Work” means anything We may do, provide, customise, produce or acquire, whether or not in connection with, or for the purposes of, You or Your use or benefit, and includes testing, troubleshooting, installation and configuration of new equipment or software, consulting, scoping, planning, documenting and quoting for complex items.
In these Conditions, unless the contrary intention appears: words denoting the singular include the plural and vice versa; a reference to any gender includes every other gender; a reference to any Act, Statute or Regulation includes any amendment in force at the relevant time and any Act, Statute or Regulation enacted in substitution; headings and bold words are for convenience only and do not affect interpretation; all references to dollars ($) are to Australian Dollars; a reference to time is to the Melbourne, Australia time zone; a reference to an individual or person includes a corporation, partnership, joint venture, association, authority, trust, state or government and vice versa; a reference to “includes” means includes without limitation; a reference to “will” imports a condition not a warranty; and a reference to bankruptcy or winding up includes all analogous insolvency events under any applicable jurisdiction.
2. Applications of These Conditions
Unless otherwise agreed by Us in writing, these Conditions are deemed incorporated in and applicable to (and to the extent of any inconsistency will prevail over) the terms of every Quote, Order, Plan, contract, or other arrangement in connection with the supply of Goods and/or Services by Us to You. The invalidity or unenforceability of any one or more provisions will not invalidate or render unenforceable the remaining provisions.
3. Commitment Term
The minimum term that You acquire the service for is outlined in Our Quote to You, beginning from the first of the next month after the date of signing or approving the Quote. After the expiry of the Committed Term, an extension will automatically commence for the same period as the original Committed Term and will continue indefinitely, unless earlier terminated by You as specified in Clause 4 (Termination).
4. Termination
This Agreement may be terminated by You upon ninety (90) days’ written notice if We:
- fail to fulfil in any material respect Our obligations under this Agreement and do not cure such failure within thirty (30) days of receipt of written notice;
- breach any material term or condition and fail to remedy the breach within thirty (30) days of receipt of written notice; or
- terminate or suspend Our business operations, unless succeeded by a permitted assignee under this Agreement.
This Agreement may be terminated by Us upon ninety (90) days’ written notice to You. If either party terminates this Agreement, We will assist You in the orderly termination of services, including timely transfer of the services to another designated provider. You agree to pay Us for rendering such assistance at Our normal rates as outlined in Our current Rate Schedule. Should You wish to terminate before the end of the commitment term, You agree to pay all remaining payments up until the end of the commitment term.
5. Representations
You acknowledge that no employee or agent of Ours has any right to make any representation, warranty or promise in relation to the supply of Goods or Services other than as may be contained in these Conditions.
6. Notices
Any notices given under these Conditions shall be in writing and sent by email to Your last notified email address.
7. Governing Law
These Conditions are governed by and construed in accordance with the laws of Victoria and the parties submit to the non-exclusive jurisdiction of the Courts of Victoria.
8. Assignment
You may not assign Your rights and obligations under this Agreement without Our prior written consent.
9. Variation of These Terms and Conditions
We may at any time vary these Terms and Conditions by publishing the varied Terms and Conditions on Our website. You accept that by doing so, We have provided You with sufficient notice of the variation. We are under no other obligation to notify You of any variation.
Goods and Services
10. Quotes
Term and effect: Quotes are valid for 7 days unless otherwise specified in the Quote. A Quote is merely an invitation to You to place an Order with Us, and acceptance of a Quote by You will not create a binding contract between You and Us. Expiry dates inform Us when a quote is still active or to be discarded; once discarded, the quote must be requested again.
Once a quote has been confirmed by Us, the prices in the quote will be confirmed as the final agreed price. A quote is confirmed as ‘final’ as soon as both parties agree the final price after any last changes requested by You. The price in the final quote may vary from the original request if any price or product changes are requested by You. We reserve the right to alter products and prices in the quote until it has been confirmed with You.
Quotes and estimates are deemed to correctly interpret the original specifications and are based on the cost at the time given. If You later require changes and We agree, those changes will be charged at Our prevailing rate. Once confirmed and converted to an Order, the Order is subject to Our normal Terms and Conditions of Sale. The general minimum turnaround time for a quote request is usually 24 hours; please let Us know if a quote is required urgently.
Where a special price or discount offer is applied, no other special promotion, discount or bonus offer will apply. Where products are subject to price and supply fluctuations outside Our control, We reserve the right to update price and product accordingly. If a product is no longer available, it will be replaced or substituted based on Your request and subject to Your final approval. Prices on non-stocked products can only be confirmed once the Quote is turned into an Order.
ETA information is an estimate provided by Our vendors and is not a promised date. Freight charges will be added to the Order unless otherwise stated. We do not keep inventory and only order items once a completed order is received; restocking fees may apply to returns or cancellations, subject to distributor approval. Prices are based upon total Quote purchase. Unless specified, all items on a quote are covered by the manufacturer’s warranty for parts and labour on hardware only, on a return-to-depot basis.
Varying or withdrawing Quotes: We may vary or withdraw a Quote at any time in Our absolute discretion and without prior notice, for any reason We consider fit, including where Goods or Services become unavailable or the cost price increases after the date of the Quote.
11. Orders
Order forms: You may place an Order for Goods and/or Services with Us. Normally We require that You provide either a completed Order form or approve the quote electronically by email or web-based system, with the date and Your details, including Your full legal name or description and any applicable ABN or ACN number (including the full name of any person on whose behalf the order is placed), and Your address, together with any relevant Quote number and date.
Approval of Orders: You will sign the Order or have it duly executed on Your behalf, unless the Order is sent by email or via the web-based ordering system, in which case it will be deemed signed by or on behalf of You by the person whose name appears as the sender or submitter.
Reliance on appearance of validity: Absent actual knowledge to the contrary, We may rely upon the apparent validity of an Order. Where an Order is signed, emailed or approved by a named person, that person warrants the Order is deemed in Our favour to be signed by and duly authorised by both that person and the sender, and duly authorised by the person on whose behalf it is placed.
Acceptance and Orders: An Order has no effect unless or until it is accepted by Us in writing and until We have received payment in clear funds for the Order and any related freight, delivery and (where applicable) in-transit insurance costs.
No obligation to deliver: We are not obliged to deliver any Order until We have received payment in clear funds for the Order and related costs, or where We are unwilling or unable to complete the Order for any reason, provided We refund any payment made by You in respect of the Order.
Credit checks: For the purposes of ascertaining the credit standing or history of a prospective customer to whom We are considering extending credit or payment terms, You consent to Us undertaking a credit reference check in respect of You.
Cancellation of Orders: You will not cancel an Order unless We agree in writing in Our absolute discretion. You acknowledge We cannot cancel an Order once the manufacturer or supplier has despatched the relevant Goods, which often occurs the same day the Order is placed.
Processes and Procedures: We have processes and procedures that We follow in the provision of Our Services and the supply of Goods. You agree to co-operate with Us and to comply with such processes and procedures as advised from time to time.
12. Pricing and Rates
Rates exclude tax: All rates and amounts charged or quoted are exclusive of GST and any other applicable taxes or government charges unless otherwise stated in writing by Us.
Rates Schedule: You must pay for Goods and Services at the Rates set out in any applicable Plan and the Rate Schedule as applicable from time to time.
Vary Rates: We reserve the right to vary any Rate and/or the Rate Schedule from time to time (subject to any fixed pricing for specific periods in any Plan), in Our absolute discretion and without notice to You.
Call-out fees: Call-out fees may be charged in addition to the Rates at Our absolute discretion, with the amount depending on where the Services are provided.
Return/Cancellation Fee: Where We arrange a return or refund on Your behalf, or where an Order is cancelled by You after acceptance, We may charge a Return/Cancellation fee to cover Our administration costs, and may deduct it from any monies otherwise due to be refunded to You.
Expenses: You must pay any out-of-pocket expenses incurred by Us in providing the Services, in addition to the Rates, charges and call-out fees, upon written demand. Such expenses may include travel, flights, car hire, fuel, insurance, taxi fares, accommodation, meal allowances, tolls and parking. Where appropriate, We will obtain prior written authorisation before such expenses are incurred.
Separate charges: We may in Our absolute discretion charge for Goods separately from Services, or together.
Calculation of increments: Where a charge is calculated in time increments (e.g. 1 hour or 30 minutes), We will charge the applicable rate for the whole increment even if work is done during only part of it.
Change in underlying costs: Where there is any increase in Our underlying costs in connection with the supply of Goods or Services, We may, in Our absolute discretion, vary any of Our Rates.
Pre-Paid Blocks of Service: Where You agree to buy Pre-Paid Blocks of Service during a Period, payment must be made in advance at the applicable rate, less any discount agreed in writing. Such Services are calculated in accordance with the applicable minimum time periods and increments in the Rates Schedule and are only provided during the applicable Period. Services unused in a Period cannot be rolled over, and We are not liable to refund, reimburse or otherwise compensate You for unused Services.
13. Services and Plans
Service and Plan variations: We offer the Services and Plans referred to in the Rates Schedule and any Plan Schedule. We may withdraw, vary the scope or terms of, or add to or change the Services without notice to You, from time to time in Our absolute discretion.
Copies on request: We will provide a copy of the current Rates Schedule upon request. Plan Schedules are tailored for particular Plans and available to Clients participating in the Plan.
14. Contracting
We may subcontract any or all of the Services to be performed, but shall retain prime responsibility for the Services under these terms.
15. Delivery, Title and Risk
Delivery liability: We will use all reasonable endeavours to despatch Goods by the due date, but do not accept liability for non-delivery or late delivery caused by circumstances beyond Our reasonable control, including supply failures or delays caused by third parties such as delivery companies or manufacturers.
Availability to accept delivery: You must be available to accept the Goods at Your nominated delivery address during Business Hours unless otherwise arranged.
Passing of risk: Delivery is deemed to take place when the Goods are delivered to Your nominated address, whereupon all risks of loss, breakage and damage pass to You. This does not affect title to the Goods.
Obligation to insure: You will ensure that Goods are adequately insured from the time of delivery.
Retention of title: Until We receive full payment in cleared funds for any monies due to Us on any account: title to and property in the Goods remains vested in Us; You must hold the Goods as fiduciary bailee and agent for Us and must not sell them; You must keep the Goods separate and maintain their labelling and packaging intact; where You sell the Goods in breach of these Conditions, You must hold the proceeds on trust for Us in a separate account; and We may, without prior notice, enter any premises where We suspect the Goods may be and take possession of them, and You indemnify Us against any costs or claims arising from such entry or repossession. You irrevocably appoint Us as Your attorney to do anything necessary to enter such premises and repossess the Goods.
16. Returns and Claims for Goods and Services
General returns policy: You acknowledge that We supply Goods subject to all applicable conditions, including returns and claims policies, of any relevant manufacturer or supplier. You will accept Goods subject to these Conditions and indemnify Us in respect of any failure or default on the part of that manufacturer or supplier.
Customised Goods not returnable: Where Goods have some element of customisation, are special or unusual, are obtained from overseas or from a supplier no longer trading, or are otherwise not readily returnable by Us, You may not return the Goods or cancel the related services.
Duty to inspect: You will inspect all Goods immediately upon delivery. Within 7 days of delivery You may give written notice of any matter for which You wish to return the Goods, ask for a refund or make a claim. If no such notice is given on time, You will accept the Goods without any such return, refund or claim.
Return condition: Where entitled to return Goods, You must return them in their original condition and unopened, except where, upon opening, the Goods are different to what is described or are faulty.
Return costs: You will pay all costs incurred by Us in arranging the return of Goods and/or cancellation of related services, unless the manufacturer or supplier pays such costs.
Consequences of use: You indemnify Us in respect of all claims in respect of Goods once they have been used, installed, customised or re-sold by You.
17. Computer Utility, Functionality and Fitness for Purpose
Service limitations: You acknowledge that a reasonable incident of the Services may involve trial and error, applied in novel or unknown circumstances. Services may involve tests, troubleshooting, advice and recommendations that may prove incorrect or inappropriate. While We will make all reasonable endeavours to provide appropriate tests, troubleshooting, sound advice and good recommendations, You will indemnify and hold Us harmless in the provision of Our Services.
Reasonable Assistance Limits: We are only obliged to provide what We consider, in Our absolute discretion, to be reasonable assistance in the circumstances under any Plan, and You will pay for additional work at the Rates unless otherwise agreed. Reasonable assistance is normally limited to work done during Business Hours over a period not exceeding any period We have allowed or estimated for the Work.
Recommendations, suitability and fitness for purpose: We may recommend that You purchase Goods provided by third parties. We have no control over many factors involved with the suitability, function or fitness for purpose of Goods in an existing or new computer environment, including compatibility or the behaviour of third-party suppliers. The Goods may fail to meet Your expectations or may not be fit for the purposes sought. Accordingly You accept sole responsibility for, and indemnify Us in respect of, decisions whether to follow Our recommendations, decisions whether to purchase or customise Goods or obtain Services, and any failure or defect in suitability, function or fitness for purpose, including the responsibility to obtain Your own independent advice. Where We provide Services with a view to achieving Your purposes, You must pay for those Services on time without set-off or counter-claim, whether or not those purposes are achieved, provided We have acted in good faith and made all reasonable endeavours.
Testing procedures: You will follow Our instructions regarding testing or troubleshooting, and if those do not resolve the problem, We will allocate such resources as We consider reasonable towards resolution.
18. Force Majeure
If We are unable to supply any Goods or Services due to circumstances beyond Our reasonable control, We may cancel the Order (even if already accepted) or cease to provide the Services by written notice to You, in which case You will hold Us harmless. We will not be liable for any breach of contract due to any matter beyond Our control, including failures by third parties to supply goods, services or transport, stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, wars, riots or civil commotion, intervention of public authority, explosion or accident.
19. Product Specifications
Alterations to specifications: We make every effort to supply the Goods in accordance with the Order, however We may supply alternate Goods subject to minor variations in dimensions and specifications where these are changed by the manufacturer after the Order date and before delivery.
Substitute Goods: If We cannot supply the Goods ordered, We may supply alternate Goods of equal or superior quality, provided You will not pay a higher price than that quoted or agreed for the Goods ordered.
20. Warranties
Reliance on manufacturer’s warranty: You will rely on the warranties provided by the manufacturer of Goods supplied by Us (where applicable) and will deal directly with the manufacturer for all claims covered by such warranties.
No claim for manufacturer’s default: You indemnify and hold Us harmless in respect of the performance (or otherwise) by any manufacturer of its obligations in respect of such Goods, including any breach by the manufacturer of its warranties.
21. Liability
Exclusion: Except as specifically set out herein and so far as permitted by law, any term, condition or warranty in respect of the quality, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Goods or Services, whether implied by statute, common law, trade usage, custom or otherwise, is expressly excluded.
No liability for program or data loss: You indemnify and hold Us harmless in respect of any claim for any program or data loss or damage arising directly or indirectly from the supply of the Goods or Services. You acknowledge You are solely responsible for backing up Your programs and data to mitigate Your own potential loss.
Limit on consequential damage: You indemnify and hold Us harmless in respect of any claim for any indirect or consequential losses, howsoever caused, including loss of turnover, profits, business or goodwill.
Limit on damage from a failure in supply: You indemnify and hold Us harmless for any claim for loss or damage where We have failed to meet any delivery date or have cancelled or suspended the supply of Goods or Services.
General limit on liability: Except as otherwise expressly stated, We are not liable for any loss or damage of any kind however caused (including by Our negligence) suffered or incurred by You in connection with: the Goods, Services or any Work; these Terms and Conditions; Your use of Our website or any linked website; the non-availability of Goods or Services for any reason; any act or omission of Ours or the provision of inaccurate information by You; or for any other reason whatsoever.
Limitation options: To the extent that any legislation implies a condition or warranty that cannot be excluded but can be limited, the general limit above does not apply and Our liability for any breach is limited, at Our election, to: replacing the Goods or supplying equivalent Goods, Services or Work; repairing the Goods or the Work; paying the cost of replacing the Goods or Work or acquiring equivalents; or paying the cost of having the Goods or Work repaired.
Laws still apply: Nothing in these Conditions excludes, restricts or modifies the application of any State or Federal legislation applicable to the supply of the Goods or Services which cannot be excluded, restricted or modified.
Severance: If any provision is unlawful, invalid or unenforceable, it may be severed without prejudice to the validity and enforceability of the remaining provisions.
22. Errors and Omissions
We make every effort to ensure that all prices and descriptions quoted are correct and accurate. In the case of an error or omission, We may rescind the affected contract by written notice to You, notwithstanding that We have already accepted Your Order and/or received payment. Our liability in that event is limited to the return of any money You have paid in respect of the Order.
Our Responsibilities
23. Privacy Statements and Your Rights
We collect Your personal information for the fulfilment of Quotes, Orders and the provision of Goods or Services to You, and may retain and use it for any such purposes (“Authorised Purposes”). You are required to provide Your personal information to Us for Authorised Purposes.
We may disclose Your personal information to other persons for the purposes of fulfilling Quotes, Orders and Work for You or in order to provide Goods or Services to You, to verify the information You provide, for enquiries about Goods or Services that may be suitable for You, to confirm Your requirements, to anyone proposing to supply Goods or Services to You, or to acquire Goods or Services on Your behalf. Otherwise We will not disclose Your personal information without Your consent unless authorised by law.
Your personal information will be held by Us at Our principal place of business and You can contact Us to request access to or correction of it. We rely on You to submit correct information; You accept that You may incur additional expenses if You submit incorrect information.
Compliance with privacy law: We will handle Your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Our Privacy Policy, available on Our website, forms part of these Conditions and sets out how We collect, hold, use, disclose and secure personal information.
Data breach notification: Where We become aware of an eligible data breach affecting Your personal information that We hold, We will notify You without undue delay and will reasonably co-operate with You to meet any obligations either party has under the Notifiable Data Breaches scheme. Each party remains responsible for its own notification obligations to the Office of the Australian Information Commissioner and to affected individuals.
24. Our Website
We make no representations or warranties in relation to information available on Our website, including without limitation: that the information is complete or correct; that the website will be continuously available or free from any delay, virus, communications failure, internet access difficulties or malfunction in hardware or software; or that We endorse any internet site linked to Our website or any third-party products or services referred to on it.
25. Insurance Coverage
We will maintain at Our own expense commercial general liability insurance for personal injury and property damage for a general aggregate of $2,000,000. At Your request We will provide certificates, including renewal certificates, evidencing such coverage within thirty (30) days of commencing this Agreement, at every renewal, and at other times as may be reasonably requested.
We will also maintain professional indemnity insurance and cyber liability insurance appropriate to the nature and scale of the Services. At Your request We will provide certificates of currency evidencing such coverage. Nothing in this clause requires Us to maintain cover beyond what is commercially available on reasonable terms, and the existence of any insurance does not expand Our liability beyond the limits set out in these Conditions.
Your Responsibilities
26. Lodging of Service Requests
In order for Us to provide You with the agreed Service, You agree to follow Our process for lodging Service Requests as outlined in Appendix A.
27. Access to Systems, Sites and People
In order to provide You with the agreed Service, You agree to give Us access to various items of Yours including, but not limited to, equipment, people and sites as and when required. You agree to allow Us to install software on Your equipment that allows Our technicians to access Your systems at any time. This software allows Us to view system statuses, send monitoring information, see users’ desktops and control Your PCs. This may require that devices are left on overnight or on weekends.
28. Third Party Authorisations
At times We may need to contact Your third-party providers on Your behalf, such as Your internet provider. Some of these providers may require Your authorisation for Us to deal on Your behalf. It is Your responsibility to ensure that We are able to deal freely with these providers.
29. Payment, Late Payment and Default
Payment due date: All invoices issued to You are due and payable within the terms stated on the invoice (unless otherwise agreed in writing), by cash, cheque, credit card or direct deposit in accordance with these Terms and Conditions and as set out in the invoice.
7 days late: Where You fail to pay an invoice within seven (7) days of the due date, We may, in Our absolute discretion and without prior notice, suspend or discontinue the supply of Goods and/or Services to You.
Recoveries: All legal and other costs and expenses incurred in connection with the recovery of late payments will be added to the amount due and recoverable from You, in addition to the original invoice cost. If You default in payment of any invoice on time, monies which would have become due at a later date become immediately due and payable without further notice. Collectively, these monies are referred to as a “Sum Due”.
Interest: If payment of any Sum Due is not made on time, We will charge interest daily on the Sum Due at the maximum rate allowed by law, calculated from the due date until paid in full.
Application of funds: All payments of a Sum Due will be applied: first towards any costs (including legal costs), dishonoured cheque fees and collection costs; secondly towards any interest due; and thirdly towards Your debts to Us in order from the longest standing to the most recently incurred.
Security: We may require You to provide security over Your property (including the Goods or other property) as collateral for any Sum Due or as a condition of continued supply.
Payment arrangements: Where a repayment arrangement is made and supply resumed, but a repayment is not made on time, We may again suspend or discontinue supply in Our absolute discretion and without prior notice.
Power of attorney: You irrevocably appoint Us as Your attorney to do anything We consider fit for the recovery of the Sum Due or the creation, perfection or enforcement of any collateral held as security.
Other remedies: We may exercise any of Our rights and remedies, including taking legal action for the recovery of any monies due, notwithstanding We may have exercised other rights under these Conditions.
30. Non-Solicitation of Clients and Employees
You agree that employees are one of Our most valuable assets and that Our employees should not seek employment with, or be offered employment by, You during the course of engagement and for a period of two (2) years thereafter (or the maximum permissible by a Court). You agree that Our damages resulting from breach of this clause would be impracticable to ascertain. Therefore, in the event You violate this provision, You agree to immediately pay Us 100% of the employee’s total annual salary as liquidated damages, and We may terminate this Agreement without further notice or liability. The liquidated damages are not intended as a penalty and are reasonably calculated based upon the projected costs We would incur to identify, recruit, hire and train suitable replacements.
31. Software
All Software licences are Your responsibility and not Ours. It is Your duty to store all licences for all Software used, so they can be reproduced if and when required. This includes all Software installed by Us. You indemnify and hold Us harmless against any claim, loss, damage or expense arising directly or indirectly from: any unauthorised Software use by You; any breach of any Software licence in respect of Software provided to Us by You to install on Your computers; Us installing Software where You are not authorised to use it; and any problem, defect or malfunction associated with any Software (or related services) supplied by third parties. All copyright in custom software remains the sole property of Ours unless alternate arrangements are made as part of a separate software agreement.
32. Copyright and Confidentiality
Warranty and breach: You warrant that any confidential or copyright information or intellectual property provided by You to Us belongs to You. In the event of any breach of this warranty, You will pay all sums due to Us as if such warranty had not been breached, and You indemnify Us in respect of any claims, loss, costs or expenses in connection with such breach.
Retention of title: All copyright and other intellectual property rights in any Work created, commissioned or acquired by Us in the course of supplying Services to You will be Our exclusive property unless otherwise agreed in writing.
Confidential information: We acknowledge that in the course of providing Services to You We may learn certain non-public personal and confidential information relating to You, including Your customers, consumers or employees, and We shall regard all such information as confidential. You also acknowledge that all information, services, consulting techniques, proposals and documents disclosed by Us constitute valuable assets and confidential/proprietary information to Us. Both parties shall take all commercially reasonable steps not to disclose, copy, sell, transfer, assign or distribute any part of such information to any person or entity, except as permitted in writing by the disclosing party or as required by applicable law.
Appendix A — Service Requests
Service Request Lodgement Process
When you contact us to lodge a service request, only the methods below must be used:
- Phone: 03 8764 3944
- Email: info@degtech.com.au
- Web Portal: degtech.com.au
Include a short description of the problem and any screenshots of errors to assist in the resolution of the issue. If the issue is lodged by phone or external email, you must include your name, company and return contact details. Service requests must not be lodged directly with technicians, as this detracts them from resolving the current issue.
Service Requests Outside of Our Business Hours
Service requests that must be addressed outside of business hours must be lodged by phone (charges apply for after-hours work). If not, the service request will be viewed on Our next Business Day.