Australia Wide:
1300 66 85 85



Untitled Document

Terms and conditions:
Terms and conditions do apply to use any of our products and services we supply. Following are the standard terms and conditions that do apply and will hold in force at all times. We encourage you to ensure you have a copy of the correct terms and conditions at all times.

Please be advised:
Terms and conditions are subject to change without notice and in some cases are customer reletave to their respective system(s) and or service(s). We strongly advise you to ensure you have the latest and most up-to-date terms and conditions of use at all times. This website page will always display the latest terms and conditions.

Website building services - additional to web policies 1, 2, 3 & 4 - Last updated 24-07-2009 - Section 9.
Free website offer - Last updated 13-05-2002 - Section 9.
Web hosting and email services - Last updated 13-05-2002 - Section 14, 14
Data supply requirements - Last updated 18-06-2003 - Secrion 3.1.1.5.
Bundle Pack - Last updated 25-11-2004 - Section 1.3.
Web based online software supplied/leased - Last updated 09-07-2006 - Section 22, 22.1.
Privacy Policy - Last updated 09-07-2006 - Section 6, 6.1,6.2, 7, 8.
Terms and conditions - Last updated 04-05-2007 - Section 12.1.
Payments - Last updated 09-05-2007 - Section 9.5.3
Terms & Conditions for VoIP Service & Supply inc Lease and Rental
- Last updated - no updates.
Equipment Installation and Ownership Terms - Last updated - no updates.
Business telephone support - Last updated - no updates.
We Are Here - directory service - Last updated - 10-02-2008

Website building services - updates any previous policies relating to website services:

POLICY 1

Following is a copy of the terms and conditions that you must agree to and is subject to change without notice:

Applies to the supplied/leased web based online software and website building services.

3.1.2 Data Supply Requirements (used for SC1, SC2, SC3, and SC4 shopping systems only.

* Definition of Data Line : if your combined amount of data stored (being current orders, processed orders, customers, categories and products ) exceeds the data line quota at any one time; the excess data line charge will apply for excess data stored for the particular month or part thereof. You can elect to increase your data line quota for a very small minimal monthly fee. Online system/s excess data line use charge “if exceeded” is AUD $10.00 per month or part thereof:

If you are still in excess of the data line quota stored at the beginning of the next month (from the 1st of each month) the default data line excess charge will apply again. Excess data line charges are non negotiable.

You will receive an automated e-mail every time your system is utilised in excess of data line storage. If you believe your data line storage will keep exceeding, please contact your selling agent to upgrade to a higher level plan to avoid the data line excess charge.
Deletion of unnecessary data such as processed orders, old customers will ensure excess data is not stored and assist in avoiding excess data charges.

Before deletion of any data; all data can be exported from the Data Export section within the relevant system.

Excess usage:
Website gigabytes - if you exceed the monthly data allowance you will incur a monthly charge of $5.00 per gigabyte or part thereof payable within 7 days form invoice.

Website Building Services:

Harrisontech will build website(s) as requested by client(s), demonstrated by either party, even products sourced/supplied from open source application(s), plus implement themes as obtained, purchased or supplied.

It is the client(s) responsibility to supply all content, data, Images and any other relevant material to be implemented into the website for viewing, unless otherwise stated within the agreement.

Harrisontech will complete the website development work within 28 days from when all content, data, Images and any other relevant material is supplied to Harrisontech.

Harrisontech will take no responsibility for late completion if any part of the material for the website development is not supplied. Harrisontech will also take no responsibility for late completion should the customer not complete a task required to maintain the completion of the website development.

When a task set or arranged by the client is completed and all other materials have been supplied, then the completion date will be within 28 days unless otherwise stated within the agreement between Harrisontech and the client.

Web based online software supplied/leased terms and conditions agreement:

IMPORTANT

NOTE: before you (the purchaser/merchant/user/agent) click on I Accept - please read this complete section carefully as terms and conditions apply to use this web based online software.

You (the purchaser/merchant/user/agent) must agree and accept these terms and conditions in its entirety to proceed any further. If you do not agree to any part of these terms and conditions whatsoever do not use this web based software in any manner and click on the I Decline button below then refer and advise your selling agent.

If you (the purchaser/merchant/user/agent) click on the I Accept button "just once" your acceptance will be logged and confirms you do agree and accept these terms and conditions at all times. You also accept and agree the terms and condition are subject to change without notice and you have been advised to check these terms and conditions regularly as changed terms and condition will replace and hold in force from any previous terms and conditions that may have been displayed.

APPLIES TO

These terms and conditions of use are for merchants, business directors, licensees, licensors, franchisees, franchisors, resellers, contractors, developers and agents, and includes terms and conditions the end user is to abide by. The end user terms and conditions is entirely the purchaser/merchant and/or person or user(s) responsibility to ensure the end user meets the required terms and conditions of use.

If you (the purchaser/merchant/user/agent) click on the I Accept button "just once" you are agreeing to use the web based online software supplied/leased to you by Harrisontech Pty Ltd or its agents. Types of web based online software that can be supplied by Harrisontech Pty Ltd or its agents are e-commerce, live payment gateways, shopping carts/stores and catalogue systems, quotation systems, invoicing systems, VoIP systems, bill payment systems, web hosting plus other related and newly developed IT products and software. Please note: Where a word is shown where you will see (s) at the end of that word; as an example business(s) the (s) referrers to (es) as well. For example business(s) will mean business and businesses. The (s) is the expansion of the word. You as a user may elect to select one or multiple supplied/leased web based online software.

PARTIES TO THE AGREEMENT

This agreement is between;
Harrisontech Pty Ltd
ABN: 11105336696
Registered Office: Po Box 4461 in Robina Town Centre, Queensland 4230 AU being the "the Vendor"

AND

Any third party being the reseller(s), agent(s), franchisee(s), franchisor(s), contractor(s), licensee(s), licensor(s), business director(s) including merchant(s) and any person(s), body(s), business(s), company(s) or any other legal entity that will utilise the Harrisontech Pty Ltd supplied/leased web based online software.

1. INTRODUCTION

1.1: Harrisontech Pty Ltd or its agents are the suppliers of the web based online software and has the agreed right with the owners and developers to lease and charge for the conduct of the selected services issued by the owners and developers which may be one or many and may consist of e-commerce, live payment gateways, shopping carts/stores and catalogue systems, quotation systems, invoicing systems, VoIP systems, bill payment systems, web hosting plus other related and newly developed IT products and software comprising:

1.1.1: this software supplied and offered to you (the purchaser/merchant/user/agent) for use has been developed for and on behalf of Harrisontech Pty Ltd by the technical development team of Harrisontech Pty Ltd and its' associated contracted developers. The web servers which operate this software is supplied are managed by the owners and developers for the entire and/or selected range of web based online software offered by Harrisontech Pty Ltd; and

1.1.2: the use of an optional payment gateway which is managed and mainly developed by Payment Technologies which resides within their technical facility and manages a connection through the owners and the developers developed interface to a final payments clearance system (the "Merchant Software"); and

1.1.3: the use of assorted third party payment integrated methods for taking and receiving payment, plus the use of assorted third party software for integration such as postal software for freight and currency conversion. At all times the developers and code writers and suppliers of any software is held harmless should any type of issue be evident or arise (the "Merchant Software");

1.2: All web based online software we offer is more fully described at the website of Harrisontech Pty Ltd. All web based online software is operated within the correct security certificate protocols and with full 128 and 256 bit encryption certificate(s) where required.

2. DURATION

2.1: This agreement shall commence when you (the purchaser/merchant/user/agent) first accept either by a written and signed agreement or when you first access any of the web based online software supplied/leased to you via this agreed terms and conditions page and clicking the I Accept button and will apply from that date and/or shown at a schedule and shall continue until terminated by our mutual agreement or as provided for this agreement. Unless otherwise stated in a separate signed written agreement the agreed period is for a minimum of a twenty four (24) month term. Termination/temporary suspension may occur without any notice whatsoever for all services, should a payment not be paid in full by the due date. Recovery action cost will be at your (the purchaser/merchant/user/agent) expense and a re-activation fee also applies at your (the purchaser/merchant/user/agent) expense.

3. LICENCE(S)

3.1: We grant to you (the purchaser/merchant/user/agent) a non-exclusive right to use the licence of the Harrisontech Pty Ltd supplied/leased web based online software to utilise by customer on a single use basis per customer including use of our Payment Gateway if purchased and Merchant Software subject strictly to the terms and conditions of this agreement. At no time do you own this supplied/leased web based online software; it is leased to you only on a predetermined period. At no time can you request or access the source code or purchase this supplied/leased web based online software outright.

4. ACCESS TO THE SYSTEM

4.1: During this agreement we will provide you (the purchaser/merchant/user/agent) with access to the selected supplied/leased web based online software upon the acceptance of the terms and conditions of this agreement including any schedules and/or changes made/requested.

5. TITLE

5.1: You (the purchaser/merchant/user/agent) acknowledge that there is no transfer of title or ownership to you of the supplied/leased web based online software and/or the documentation and/or any modifications, updates, or new releases of the supplied/leased web based online software.

6. YOUR GATEWAY OBLIGATIONS

6.1: During this agreement you (the purchaser/merchant/user/agent) shall:

6.1.1: if elected to use your own Gateway (Merchant Software) - enter into, maintain and abide by an agreement with a bank or other financial institution which permits you (the purchaser/merchant/user/agent) to clear debit or credit card payments using electronic communication (the Financial Institution Agreement);

6.1.2: if elected to use your own Gateway (Merchant Software) - ensure your use of the supplied/leased web based online software and the Merchant Software is strictly in accordance with your Financial Institution Agreement;

6.1.3: if elected to use your own Gateway (Merchant Software) - ensure that all terms and conditions of use and/or warning notices which server hosting provider may prescribe for display to online customers using commerce sites which use the supplied/leased web based online software are displayed strictly in accordance with the server hosting provider directions. However this subclause does not create any obligation to create and/or recommend any appropriate terms and conditions of use and/or warning notices;

6.1.4: establish a fair policy for dealing with refunds and disputes about financial transactions made using the Merchant Software and the supplied/leased web based online software transactions;

6.1.5: maintain for a period of at least twelve (12) months a copy of each audit log sent to you (the purchaser/merchant/user/agent) and each reference number supplied by us for transactions;

6.1.6: you (the purchaser/merchant/user/agent) must accept and comply with all requirements which apply to you in the supplied/leased web based online software and any E-Commerce Merchant Software or Installation and Implementation Documents supplied; and

6.1.7: only permit use of and/or access to the System for transactions you (the purchaser/merchant/user/agent) reasonably believe are legitimate;

6.2: During this agreement you (the purchaser/merchant/user/agent) shall not:

6.2.1: permit use of or access to the supplied/leased web based online software except by operation of the Merchant Software and by any person other than as contemplated by this agreement;

6.2.2: make or publish or cause to be made or published any false, Mis-leading, deceptive or Mis-descriptive statement or information in relation to the supplied/leased web based online software, the Payment Gateway and/or the Merchant Software which may give rise to any liability to Harrisontech Pty Ltd and its developers and owners;

6.2.3 disclose any personal and credit card information about the holder of any personal credit card numbers or about any transactions to any person other than:

6.2.4: us;

6.2.5: the issuer of the personal credit card number;

6.2.6: the bank or financial institution which is a party to a Financial Institution Agreement with the Merchant and/or supplier of the Merchant Software;

6.2.7: as required by law;

6.2.8: The developers of the supplied/leased web based online software and/or one of its divisions;

6.2.9: and any such information shall be securely stored;

6.2.10: copy, alter, modify, reproduce or rent the Merchant Software without the developers and/or suppliers written consent except and only to the extent permitted by law notwithstanding this limitation and except to the extent authorised by this agreement;

6.2.11: reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile the whole or any part of the Merchant Software.

6.2.12: not hold and delete any credit card information as soon as the order request has been received.

6.2.13: hold Harrisontech Pty Ltd and the developers and suppliers of web server services of the supplied/leased web based online software and any of its divisions harmless should customer credit card information be Mis-used or any of our systems be tampered with by means of hackers, malicious script(s) and/or similar.

7. HANDLING OF DATA

7.1: Harrisontech Pty Ltd and/or the developers of the supplied/leased web based online software may monitor, record and store any data or information transmitted, received or stored by you (the purchaser/merchant/user/agent) using any Merchant Software or the supplied/leased web based online software (The Data).

7.2: We will treat the Data as confidential and will not without your prior written consent disclose such confidential information to a third party except as required by law.

7.3: We will use our best endeavours to secure the Data from unauthorised access and will require our employees, business directors, licensees, licensors, franchisees, franchisors, resellers, contractors, developers and agents and who have access to the Data to execute a non-disclosure agreement.

7.4: Our obligation under this clause / shall survive the termination of this agreement.

7.5: Try to ensure all data can be maintained at all times

8. FEES

8.1: You (the purchaser/merchant/user/agent) will pay the licence fee if specified in the schedule (the Licence Fee") and the transaction fees if specified in the schedule (The Transaction Fees") at the time and in the manner specified in the schedule.

8.2: You (the purchaser/merchant/user/agent) will pay an annual Licence fee if specified at the times and in the manner specified in the schedule and/or in any subsequent schedule from us (the Annual Licence Fee).

8.3: You (the purchaser/merchant/user/agent) will pay all fees in advance on time and as per the term agreed, this includes monthly fees as specified in the schedule and can be called Shopping Cart Hosting or Shopping Cart Supply or similar meaning) at the times and manner specified in the schedule and/or in any subsequent schedule or addition from us.

8.4: You (the purchaser/merchant/user/agent) will pay any rate and/or fee increases applied if and when deemed necessary even if an agreement is in place. It is expected rate increases will be aligned to CPI per individual state or country.

8.5: The terminology used within these terms and conditions of: the supplied/leased web based online software such as; License Fee, The Transaction Fees, the Annual License Fee, Rate, Store, Catalogue, Hosting, Shopping Cart Hosting, Fee Increases and/or similar can all be referred to within a schedule or as commonly known as a quotation or quote. It is agreed that should you (the purchaser/merchant/user/agent) click on I Accept you have accepted the pricing structure as submitted to you either in writing or verbally as a merchant and/or user and you will not be set up and activated until the initial pricing for a minimum of one month has been paid in advance or part thereof in full including all or any other fees applicable.

8.6: We will generally request an automatic deduction form be utilised and set in place before any set up or activation of service as we do not operate accounts as a rule.

9. PAYMENT

9.1: Unless expressly stated in writing by Harrisontech Pty Ltd all fees and charges are inclusive of government taxes and imposts applicable to the supply of goods and services or licence to use the supplied/leased web based online software including without limitation to additional sales taxes, import duty and services tax. If any such taxes or imposts are/or become applicable, an amount equal to them shall be added to the fees and charges under this agreement and shall be payable by you (the purchaser/merchant/user/agent) to Harrisontech Pty Ltd.

9.2: If you (the purchaser/merchant/user/agent) default in any payment to us:

9.2.1: we may without any notice whatsoever suspend or cancel all services and access to the supplied/leased web based online software (whether those services are services under this agreement or any other services provided by us); and

9.2.2: you (the purchaser/merchant/user/agent) will pay all collection costs and the legal fees incurred by us as a result of that default.

9.2.3: suspend the service without any notice that will not be reactivated until payment and reconnection fees are paid in full.

9.3: We may increase the Transaction Fees or the Annual Licence Fee or the Agreed Fee(s) at any time if deemed necessary.

9.4: The Transaction Fees are not refundable (whether in whole or in part) to you (the purchaser/merchant/user/agent).

9.5: Additional charges apply for additional services requested by you the client or purchaser or any member of your staff or associated to you (the purchaser/merchant/user/agent). We ask that you pay any new requests in advance when requested unless otherwise agreed to avoid any disruption.

9.5.1: Additional charges will be charged and deducted at the clients request in advance prior to work being performed by the client or purchaser or any member of your staff or associated to you (the purchaser/merchant/user/agent) deemed with authorisation by us. We will deduct regular monthly fees and additional fees for additional work and/or duties performed at the request of the client or purchaser or any member of your staff or associated to you deemed with authorisation by us from their credit card. Clients who have bank direct debit payment request also authorise for the supplied/leased web based online software supplier to take an extra payment when required without any written request and verbal request to perform additional duties is acceptable. We request payment up front before any additional work is started unless otherwise agreed.

9.5.2: If at any point in time you (the purchaser/merchant/user/agent) decide to sell, close or transfer your business the current agreement remains in place until it is paid out to us in full. If your business is sold to a new entity, whether the new entity takes over the operating name or restructures with a new operating name it is your responsibility to ensure they are clear with the agreement you have in place with us and it will transfer automatically to them if you allow. If they default on payment you will be liable for the remainder of the term with us and you accept that you will incur recovery action costs incurred to recover the outstanding amounts as a private individual or existing or new business owner. We request written advice of new ownership or closure of business, plus where necessary a new debit request form is to be completed for payment.

9.5.3: Failed payments will incur a minimum handling charge of AUD $25.00 and a maximum of AUD $55.00 for each and every failed payment payable before reactivation of services. You duly authorise Harrisontech or its agents to deduct the nominated failed payment(s) fee when due at their discretion.

10. WARRANTIES AND SUPPORT

10.1: We warrant that:

10.1.1: we have the right to enter into this agreement and to grant to you (the purchaser/merchant/user/agent) the rights herein granted; and

10.1.2: the supplied/leased web based online software including relevant Merchant Software will operate in conformity with any other relevant Documentation in all material aspects.

10.2: If at any time during this agreement you (the purchaser/merchant/user/agent) believe there is a defect in the supplied/leased web based online software and the Merchant Software you shall notify us. We may refer such matters to other providers at our discretion.

10.3: Except for the warranties in subclause 10.1 and any warranty which can not be excluded by law all other warranties whether express, implied statutory or otherwise relating in any way to this agreement, including, without limitation any warranty that any of the goods or services provided under this agreement are fit for a particular purpose are excluded.

10.4: We shall not be obliged to put in place any substitute or alternative system should there be a failure of or delay in the provision of the supplied/leased web based online software or merchant software.

10.5: We shall use our best endeavours to achieve 99.9% or higher availability of the supplied/leased web based online software other than outages to which clause 13 and 20 applies.

10.6: You (the purchaser/merchant/user/agent) acknowledge that:

10.6.1: the performance of the supplied/leased web based online software is dependent on a number of factors outside our control, including traffic and data centres and technical difficulties with the Internet, including the performance of the financial payments clearance system and the availability of terminals and telephone lines including malicious scripts and/or merchant software;

10.6.2: access to the supplied/leased web based online software may not be continuous or uninterrupted;

10.6.3: the supplied/leased web based online software is secure within certain technical boundaries which you (the purchaser/merchant/user/agent) have considered;

10.6.4: the supplied/leased web based online software may not provide you (the purchaser/merchant/user/agent) with a totally secure or confidential means of communication;

10.6.5: payment and payment clearance operates on the terms and conditions of your Financial Institution Agreement and/or another outside third party financial institution;

10.6.6: the Data transmitted or received by you (the purchaser/merchant/user/agent) through the use of the supplied/leased web based online software and Merchant Software may not be accurate or virus free;

10.6.7: there may be interruption or failure of the supplied/leased web based online software and Merchant Software;

10.6.8: the supplied/leased web based online software and Merchant Software may have defects and may operate with interruptions or errors, and you (the purchaser/merchant/user/agent) agree that, without limitation, all liability you or a third party may incur due solely or in part as a result of one or more of these factors is your responsibility.

10.6.9: although we do backup daily, back up files can be corrupted when a failure occurs within web servers, so backup of your own supplied/leased web based online software is strongly suggested as in a worst case scenario although not likely; should by nature or any other reason we and you (the purchaser/merchant/user/agent) experience a total system failure your supplied/leased web based online software will have to be rebuilt; as an example, an online store/shop would mean re-implementing new categories and attaching products as soon as achievable.

10.6.10: should malicious scripts attacks (sending mass spam or data as an example) are directed to any of our web servers for any reason you (the purchaser/merchant/user/agent) consent to the data centre (these are the buildings that store and manage our web servers) to switch off a part or all of the supply of services when they deem necessary as a security measure. The web services will not be re-activated until it is determined that necessary steps have taken place to avoid the sort of attack from happening again. You will also recognise that some data (mainly emails) could be lost should this occur

11. LIABILITY

11.1: Other than for a breach of this agreement we shall not be liable to you (the purchaser/merchant/user/agent) for any loss or damage including without limitation, consequential loss or damage suffered by you whether arising directly or indirectly from the supply of any goods or services under this agreement.

11.2: Where the law implies any term in this agreement, which cannot by law be excluded, then that term is included in this agreement. Our liability for any breach of such an implied term will be limited, at our option, to the following:

11.2.1: in the case of the provision of services to the supplying of those services again, or the reasonable cost of supplying those services again; and

11.2.2: in the case of the provision of goods to the replacement of those goods or the supply of equivalent goods (or the reasonable cost of the same, the repair of those goods or the reasonable cost of repairing those goods).

11.3 Without limiting subclause 11.1 we shall not be liable to you (the purchaser/merchant/user/agent):

11.3.1: for any transaction disputed by any person in any way or manner;

11.3.2: for any claims resulting from fraudulent use of a personal credit card number or a credit card; and/or

11.3.4: any breach of the Financial Institution Agreement.

11.4: In no event will we be liable to you (the purchaser/merchant/user/agent) for any remote, indirect consequential special or incidental damages, including without limitation, damages resulting from loss of data, loss of profits or business interruption or cost of cover, whether based on breach of contract, tort (including negligence), product liability or otherwise. This limitation will apply even if we have been advised of the possibility of such damages.

11.5: Regardless of the form of action our aggregate liability to you (the purchaser/merchant/user/agent) for all claims by you against us arising under this agreement or our performance of this agreement shall not exceed the monthly sum paid to us by you under this agreement.

12. TERMINATION

12.1: Termination will be as per any attached agreement schedule including clauses 12.3.

12.2: This agreement can be terminated by Harrisontech Pty Ltd or the owners and developers should you (the purchaser/merchant/user/agent) breach any of the clauses stated within this agreement as the clauses are the terms and conditions of use to utilise the use of the supplied/leased web based online software and any Merchant Software either supplied or third party supplied.

12.3: If there is no other written and/or signed agreement(s); then acceptance of this agreement applies. Clauses 12.3.1 and 12.3.2 will apply at all times regardless which agreements are in place.

12.3.1: Termination of this agreement can only be exercised when the agreed term has expired not before. Should termination be required before the agreed minimum period then the purchaser/merchant/user/agent must pay in full all monies owing to the end of the agreement term.

12.3.2: Should the purchaser/merchant/user/agent elect to terminate their agreement at the end of the agreement term or after the agreement term, the purchaser/merchant/user/agent must provide a minimum of Thirty (30) days written notice prior to the end of the agreement term, but no earlier than Sixty (60) days before the end of the agreement term. The Thirty (30) days written notice period will take effect from the first day of the following month. Clause 12.3.2 applies for all services provided by the selling agent and its owners and developers.

13. FORCE MAJEURE

13.1: Neither party shall be liable for any delay or failure to perform its obligations pursuant to this agreement if such delay is due to fire, flood, meteorological event, strike, industrial action, war, civil disturbance, Act of God or any other event outside the reasonable control of a party which causes the delay or failure by the party in the performance of its obligations under this agreement.

14. SUB-CONTRACTING

14.1: We may in our discretion sub-contract for the performance of this agreement or any part of this agreement. Currently we operate from multiple servers and data centres and sub-contract servers from separate parties. We also use multiple gateway providers for software integration and live transacting with banks. It is possible more development relationships may be developed as we are being approached by numerous providers to integrate to them.

15. ASSIGNMENT

15.1: This agreement shall not be dealt with in any way by you the purchaser/merchant/user/agent (whether by assignment sub-licensing or otherwise) without our prior written consent and the endorsed prior written consent of the owners and developers of the software.

16. ENTIRE AGREEMENT

16.1: This agreement in conjunction with the contract terms and conditions between the company and the client as defined in the agreement schedule constitute the entire agreement between the parties for the subject matter of this agreement.

17. SEVERABILITY

17.1: If any provision of this agreement is held invalid, unenforceable or illegal for any reason, this agreement shall remain otherwise in full force apart from such provision which shall be deemed deleted.

18. GOVERNING LAW

18.1: The owners and developers of the supplied/leased web based online software for this agreement shall be governed in all respects by the laws of Queensland Australia. The parties to irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland Australia.

18.2: Business directors, licensees, licensors, franchisees, franchisors, resellers, contractors, developers and agents have rights to re-sell and re-brand as agreed by the owners and developers of the supplied/leased web based online software from their perspective state of Australia or country throughout the world. Should a ruling be required between the merchant and/or business directors, licensees, licensors, franchisees, franchisors, resellers, contractors, developers and agents; that ruling can be held between those parties within their perspective state and is not to bring into debate the supplied/leased web based online software as the owners and developers are held harmless at all times; but should a ruling be required that involves the supplied/leased web based online software this shall be governed in all respects by the laws of Queensland Australia. All countries outside of Australia will be governed by clause 18.1.

19. GUARANTEE

19.1: Harrisontech Pty Ltd along with the owners and developers of the supplied/leased web based online software will not and does not offer any guarantee or guarantees whatsoever including any form of guarantee for monetary returns and clearly states:

19.2: If any operating loss or any monetary loss is sustained over any period, Harrisontech Pty Ltd along with the owners and developers of the supplied/leased web based online software will not refund any loss or losses;

19.3 There are no guarantee(ed) terms for all services offered by Harrisontech Pty Ltd along with the owners and developers of the supplied/leased web based online software purchases.

19.4: If at any time a Guarantee should be offered this does not extend to the cost of the Harrisontech Pty Ltd along with the owners and developers of the supplied/leased web based online software purchase and will only be for the particular offer between the dates advertised.

19.5: There are no Guarantees!

20. UPTIME

20.1: As the supplied/leased web based online software is web based and operates from web servers and data centres, the purchaser or merchant and/or person or user leasing the web based software service(s) needs to be aware and accept things can go wrong from time to time with servers and data centres (these are what allow web services to operate and products to display on the web) and hold Harrisontech Pty Ltd including the owners and developers, including any associated business directors, licensees, licensors, franchisees, franchisors, resellers, contractors, developers and agents and providers of any service harmless at all times should this occur, although the expected uptime is 99.9% or higher there may be times when the purchaser or merchant and/or person or user of the service may not be able to access the supplied/leased web based online software due to a problem or issue outside of their control.

20.2: The supplied/leased web based online software was built and developed with the upmost integrity and good faith and the supplied/leased web based online software has been extensively tested and tried. Should for any reason you (the purchaser/merchant/user/agent) experience a fault where the supplied/leased web based online software may not be functional to a satisfactory standard required; should this extremely rare occasion occur no responsibility or liability will be directed to the owners and developers including business directors, licensees, licensors, franchisees, franchisors, resellers, contractors, developers and agents and providers of any service.

20.3: Security is of the highest priority and has been considered throughout the development of this supplied/leased web based online software and should the supplied/leased web based online software be subject to a malicious attack or attacks by a corrupt third party source; the services for the supplied/leased web based online software may be suspended for a short period of time whilst action is taken to rectify, recover and/or restore the data and/or system files. If in the extreme rare occasion where a malicious attach may take place and the data and/or system files have been damaged or lost then the system will be restored to the most recent backup taken and may mean some current data may be lost and not recoverable. The owners and developers will monitor security requirements and take necessary steps to endeavour to provide a hassle free service.

20.4: Harrisontech Pty Ltd along with the owners and developers, and at times associated business directors, licensees, licensors, franchisees, franchisors, resellers, contractors, developers and agents may perform system upgrade(s) and/or maintenance as deemed necessary when and as required. This may result in a slowing of the service and/or a short suspension of the service whilst the upgrade or maintenance takes place. Upgrades and maintenance does not reflect in the expected uptime of 99.9% as it is classed as an essential service.

20.5: Should you (the purchaser/merchant/user/agent) experience any of the stated/listed issue(s) at clause: 20, 20.1, 20.2, 20.3 and 20.4 you will hold Harrisontech Pty Ltd including the owners and developers including any of its business directors, licensees, licensors, franchisees, franchisors, resellers, contractors, developers and agents harmless at all times and recognise they are not committed to notify you.

21. CONFIDENTIAL INFORMATION

21.1: You (the purchaser/merchant/user/agent) must treat the development and supplied/leased web based online software as confidential information at all times and is to remain confidential and commercially valuable and will not use if for any purpose other than carrying out its duties or obligations under this agreement nor will you disclose any confidential information of the other party to any third person or company without the prior written consent of the owners and developers.

21.2: The merchant and/or business directors, licensees, licensors, franchisees, franchisors, resellers, contractors, developers and agents acknowledges that all confidential information is the property of the Harrisontech Pty Ltd and confidential to it and undertakes to use the supplied/leased web based online software as is intended to; but not take, borrow, show or deliver any part or content or source code from within the supplied/leased web based online software development and undertakes to keep confidential to themselves and will not divulge or disclose any part to any other person or corporation.

21.3: The merchant and/or business directors, licensees, licensors, franchisees, franchisors, resellers, contractors, developers and agents further acknowledges that each customer of the respective merchant and/or business directors, licensees, licensors, franchisees, franchisors, resellers, contractors, developers and agents is and shall remain their customer and is not to be approached unless otherwise agreed.

22. INTELLECTUAL PROPERTY RIGHTS

22.1: The supplied/leased web based online software is and will remain the Intellectual Property of Harrisontech Pty Ltd. This means the supplied/leased web based online software is copyright (including future copyright) and can not be used for any purpose either being part or fully than for the agreement in place, and will include trade marks (registered and unregistered), designs and patents (whether registered or registrable), semiconductor and circuit layout rights, trade, business and company names, trade secrets, or any other proprietary rights, and any rights to registration of those rights, whether created before or after the date of this Agreement, and whether existing in Australia or elsewhere.

ACCEPTANCE

NOTE:- If you (the purchaser/merchant/user/agent) click on the I ACCEPT button below you are accepting the terms and conditions to enter and use this supplied/leased web based online software for yourself or business you represent as a merchant and/or for business directors, licensees, licensors, franchisees, franchisors, resellers, contractors, developers and agents or third party including the use by end users of the supplied/leased web based online software. Once entered into this system you have undeniably accepted the supplied/leased web based online software terms and conditions including any updates that may be applied.

IF YOU DO NOT AGREE

If you (the purchaser/merchant/user/agent) do not agree with any part of this agreement DO NOT USE and click on the I DECLINE button below and refer your selling agent to give advice of your decision. To use any of the supplied/leased web based online software you must accept all terms and conditions which are non negotiable.

Back to top

Free website offer terms and conditions agreement:

To obtain any of our free web sites, you must web host your free web site with us for a 24 month period.

Hosting rates and services (packs) are as follows: (you can upgrade to a higher pack at any time).

Pack A1: Straight web hosting.
No e-mail services.
Up to 100mb of web space provided.
Only $ 34.50 per month or part thereof.

Pack A2: Web hosting & mail pack 2.
Includes 3 x e-mail addresses.
Does not include web mail access.
10 email aliases.
  Up to 100mb of web space provided.
  Only $ 37.50 per month or part thereof.

Pack A3: Web hosting & mail pack 3.
Includes 5 x e-mail addresses.
Includes web mail access.
20 email aliases.
  Up to 100mb of web space provided.
  Only $ 40.35 per month or part thereof.

Pack A4: Web hosting & mail pack 4.
Includes 10 x e-mail addresses.
Includes web mail access.
Unlimited email aliases.
  Up to 100mb of web space provided.
  Only $ 45.00 per month or part thereof.
 

Terms and conditions apply to obtain one of the Harrisontech free web sites, these terms are as follows:

The client (you) must agree to the following to obtain any of the Harrisontech free websites:

1:- Your new website is to be hosted with Harrisontech, so the client (you) must agree to web host the free website with Harrisontech for a minimum of 24 months (36 months for bundle pack offers). You can select from a range of stated Hosting Packages (packs) as listed above.

2:- Pay Hosting Fees monthly or part thereof in advance by credit card or direct debit (if pre arranged).

3:- Abide by the Data Supply requirements; refer 3.1.1

4:- No direct access will be given to the web-servers for a period of 24 months.

5:- Should default of payment occur the total amount owing for the 24 month period is to be paid in full and will incur a $55.00 service fee charge (non negotiable).

6:- Should default of payment occur in error, the web hosting service will be suspended immediately and without notice until the specified amount is paid in full. A $25.00 service fee will also be charged for re-connection (non negotiable).

7:- Free web sites consist of 6 web site pages with 6 images web readied and optimised as standard, plus logo.

8:- Additional web pages including, shopping, catalogues, bill payment systems, electronic forms, flash, animation and images etc, will incur extra charges being agreed to, prior to any additional work being performed.

9:- Your web hosting space provided with your free website is 100 megabytes of web space and includes 1gigabyte of data transfer per month calculated from the 1st of each month to the months. If the monthly data allowance is exceeded you will incur a monthly charge of $5.00 per gigabyte or part thereof. Most people do not exceed this data use limit, as your site would have to be used extensively to exceed these limits.

Back to top

3.1.1 Data Supply Requirements:

3.1.1.1. All data that is to be included into the free web site must be supplied by way of electronic format being e-mail, word, power point, excel access, disc or similar to Harrisontech.

3.1.1.2. All pictures / images that are to be included into the web site must be supplied by way of electronic format being sent in; e-mail format, gif, jpeg, tiff. bmp, wbmp, png or animated gif and can be burnt onto disc and posted directly if so desired. All information can be posted to PO Box 4461, Robina Town Centre - Queensland Australia 4230.

3.1.1.3. Note: Should you require Harrisontech to scan, type, enter, convert, change or implement your data in any way or means; at your request, - agreed charges will apply.

3.1.1.4. Harrisontech will grant two (2) changes free of charge (for changes to data within the free web site) after the free web site has initially been exposed to the World Wide Web.

3.1.1.5. After the two free changes have been utilised, should a request for a change be forthcoming - charges will apply at a minimum fee of $25.00 per change.
For free web site consulting this service will only apply by calling 07 5630 1670 (STD rates may apply).

Back to top

Web hosting and email services:

1.         SERVER USE

1.1.      Personal accounts are to be used by the account holder only. Personal account holders are not permitted sell, resell, store or give away web-hosting services of their website to other parties. Web hosting services are defined as allowing anyone other than the account holder to host content on the owner's web site, with the exception of ad banners, classified ads, and personal ads. Harrisontech reserves the right to refuse service and /or access to its servers to anyone. Harrisontech do not allow any of the following content to be stored on its servers:
1.1.1. Illegal material, including copyrighted works, commercial audio, video, or music files, and any material of any type in violation of any Federal, State or Local law or regulation anywhere in the world.
1.1.2. Scripts - Any Script that creates a load on the server will be removed.
1.1.3. Adult material, including pornography, erotic images, or otherwise lewd or obscene content of any type. What constitutes "adult material" is entirely at the discretion of Harrisontech.
1.1.4. Warez, including pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc, and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

2.         BANDWIDTH

2.1 Each site has an allocated bandwidth allowance. If the allocated bandwidth is exceeded the account holder is liable for the cost of the exceeded bandwidth amount and will incur a monthly charge of $5.00 per gigabyte or part thereof.

3.         HIGH RESOURCE USER POLICY

3.1. Resources are defined as bandwidth and/or processor utilisation.
3.2. Harrisontech may implement the following policy to its sole discretion:  
3.3. When a website is found to be excessively using the resources available, Harrisontech reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby Harrisontech continues hosting the website for an additional fee.

4.         PAYMENT POLICIES

4.1. All accounts are set up on a prepay in advance basis. Although Harrisontech reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment is due on each yearly anniversary or monthly on the date the account was established.
4.2. Customers will automatically be charged at the end of their prepay period unless written closure notification has been given to Harrisontech at 14 days in advance.
4.3. Where the account holder provided debit or credit card details and the debit is declined, Harrisontech may immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition,
4.4. Harrisontech reserves the right to suspend other services until the outstanding debt is cleared and re-Activation/Establishment fees will apply; refer 9.1.8.
4.5. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request.
4.6. No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via e-mail shortly after the online purchase has been made. At this point the customer's debit or credit card will be charged automatically.
4.7. If you default in any payment to us we may without any notice whatsoever suspend or cancel all services including access to the supplied online services provided by us); and
4.7.1. you will pay all collection costs and the legal fees incurred by us as a result of that default.


5.         PAYMENT OPTIONS

5.1.In order to streamline our accounting procedures and keep costs down Harrisontech runs a limited number of payment options being Credit / Debit Cards - Mastercard, Visa and Bankcard, American Express and Diners Club including Direct Debit with selected banks within Australia. A credit / debit card number will still be required if customers require the facility to purchase domains and other services on-line.

6.         30 DAY TRIAL

6.1. For customers opening their first account the initial 30 days are available on a trial basis.
6.2. Customers will not be entitled to this benefit if they have previously had an account with Harrisontech unless the period of absence has been greater than one year.
6.3. New customers will not be entitled to a trial period if any account has previously been created at the same postal address within the same 12 month time span.
6.4. Refunds for domain names cannot be given. Once a domain is purchased it must be paid for even if the package is cancelled within the 30 day period.

7.         CANCELLATION AND REFUNDS

7.1 Harrisontech reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes these terms of service, a no refunds of any kind will be given.
7.2. Customers may cancel their account at any time. During the initial trial period customers who wish to cancel will be entitled to a full refund for their hosting fees.
7.3. Any incentives offered to customers when opening the account will also be cancelled.
7.4. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation.
7.5. Fees charged on a prepay basis are non-refundable. In addition some accounts incur set-up fees; these charges are also non-refundable.
7.6. For services with agreement terms thirty (30) days written notice prior to the end of the agreement term, but no earlier than Sixty (60) days before the end of the agreement term applies. The Thirty (30) days written notice period will take effect from the first day of the following month and applies for all services provided by all selling agents and its owners and developers.
7.6.1 For services without an agreement term requires a thirty (30) days written notice period which will take effect from the first day of the following month and applies for all services provided by all selling agents and its owners and developers.

8.         DOMAIN NAMES

8.1. The customer shall be given a free domain name with bundle pack offers as per the terms and conditions.
8.1.1. .au domain names must be purchased by the customer as per ASIC requirements, and then a credit will be given.
8.1.2. we will not accept any expenses for any domain transferred.

9.         EXTRA CHARGES

9.1. Extra charges apply under the following terms:
9.1.1. Package Change - $25
9.1.2. Package Domain Change - $44
9.1.3. Suspended Account Fee - $55
9.1.4. Restore from Backup - $35
9.1.5. Backup of Site Data or Database - $55
9.1.6. Website change or update minimum charge - $25
9.1.7. Excess gigabyte usage per gigabyte, month or part thereof - $5
9.1.8. Suspended account Re-Activation/Establishment Fee - $25 for first dishonour, then $55 for next or additional dishonours.

10.       GOVERNING LAWS

10.1. This agreement shall be governed in all respects by the laws of Queensland Australia. The parties to irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland Australia.

11.       SEVERABILITY

11.1. ach provision of this agreement including these terms of service is severable and if provisions of this agreement or Terms of service are held to be invalid or unenforceable such provisions may be removed and the remaining provisions may be enforced.
11.2. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of each section.

12.       INDEMNIFICATION

12.1. The Customer agrees that it shall defend, indemnify, save and hold Harrisontech harmless from any and all demands, liabilities, losses, costs and claims, including legal costs (on an indemnity basis or solicitor/client basis, whichever is higher) claimed or asserted against Harrisontech, its agents, its customers, officers and employees, that may arise or result from any service provided or omitted, performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless Harrisontech against liabilities arising out of;
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Harrisontech' server;
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
(3) copyright infringement;
(4) any defective products sold to customer from Harrisontech' server and any defamatory or allegedly defamatory material on Harrisontech servers.

13.       DISCLAIMER

13.1. Harrisontech will not be responsible for any damage, loss or liability the customer or any third party may suffer. Harrisontech makes no warranties of any kind, expressed or implied for services we provide.
13.2. Harrisontech disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Harrisontech and its employees or otherwise.
13.3. Harrisontech reserves the right to revise its policies at any time.

14.       SERVICE SUPPLY

14.1. Harrisontech provides World Wide Web page hosting. Harrisontech reserves the right to suspend or cancel a customer's access to any or all services provided by Harrisontech when Harrisontech decides (at its absolute discretion) that the account has been inappropriately used or otherwise.

Back to top

Privacy Policy

1. Introduction
1.1 We understand that the privacy of your personal details, and the security of your transactions with us, is of paramount importance to you. Harrisontech has therefore adopted data protection policies with respect to your privacy and security. Harrisontech's Privacy Policy sets out the rules we will abide by when dealing with personal information we collect from individuals in the course of our business. We have based our policy upon the Internet Industry of Australia's (IIA) draft Privacy Code of Practice, which adopts internationally recognised Privacy protection standards (such as the 'Safe Harbour' principles required by most European countries). The IIA Code also covers the requirements of the new Australian Privacy legislation.
1.2 In order to ensure that we meet and maintain our Privacy standards, we have appointed a privacy officer. Should you wish to contact us in relation to Privacy, please email us at privacyofficer@harrisontech.com.au
1.3 We may make alterations or additions to this policy from time to time. Should we do so, we will update the policy on our web site. We require that all our customers agree to abide by our Privacy Policy as part of our terms of trade. This policy also applies to users of our web site who are not customers of Harrisontech.
1.4 Please note that we cannot and do not assume any responsibility for the privacy or security practices of any other web sites and or systems which you may be able to access through our site, or for our customers' level of compliance with our code.

2. What Information Do We Collect?
Harrisontech collects different information about you at different times. There are four broad categories of information that we collect from you:
2.1 Information we require to supply our services.
(a) When you first sign up or contract with Harrisontech for our services, or when you make an inquiry about our services, we request information such as your name, address, telephone number, domain name, email details of your primary and secondary contacts, credit card details (if you are paying online). We may also ask for your age and gender.
(b) We may also monitor and/or record telephone conversations with you from time to time in order to train staff and to improve our service to you.
2.2 Non personally identifying information.
(a) In addition to the information you specifically provide above, Harrisontech operates statistics gathering software on its web site to collect information about the number of visitors coming to the site. No identifying information is collected by this software. The software records the IP address of the visitor only. We use this information to improve our own technical structure and performance, and to determine which areas of our web site are most popular.
(b) We also use 'cookies'. Cookies are pieces of information that a web site can transfer to an individual's computer in order to allow that web site to store information about user preferences. We use cookies which expire once the visitor leaves our web site. Cookies are used to collect session ID's. It is possible to adjust your internet browser to refuse cookies, but you may find that this reduces the functionality of this site.
2.3 Other demographic information.
If you respond voluntarily to our surveys or other interactive communications, we collect the responses and use the information to improve the quality and range of Harrisontech's products and services.
2.4 Personal information stored on a web site hosted by Harrisontech.
Harrisontech will have personal information stored on our servers due to the fact that we host web sites of other organisations. Any information that is submitted to or collected by these organisations will be physically located on a Harrisontech server. This information, whether voluntarily provided or not, will not be used or released by Harrisontech in any manner, and it will be kept strictly confidential, unless we are required to release the information by law.
For some more information about what we collect, please see our Privacy FAQ Section.

3. How Do We Use Personal Information We Have Collected?
3.1 We collect and use your personal information to operate our web site and deliver our services to you. We will use your personal information to provide you with:
technical support;
billing and credit control;
sales support;
product upgrades; and
information.
3.2 You may stop the delivery of future promotional email from Harrisontech by following the specific instructions in the email you receive. These instructions will tell you how to remove your name from our promotional email list.
3.3 We may use your personal information to:
(a) contact you in relation to upgrading your use of our services, special offers (from us, or on behalf of third parties), with newsletters, surveys, and individual service audits. We may give extracts of our customer lists containing personal information to third party contractors to do this on our behalf. We will ensure that those contractors are bound to protect your personal information to the same standard that we are.
(b) identify the source of new customers to Harrisontech;
(c) monitor and address complaints, other feedback, and to resolve disputes;
(d) in the case of credit cards, to bill you for services;
(e) in the case of ABNs, to verify your identity;
(f) in the case of our partners who are IT professionals, to ascertain your areas of specialty and to refer prospective customers to you; if you have attended our partner road shows, we may have a record of your attendance and areas of special interest;
(g) maintain a technical and account history of your dealings with us, and to re-establish your account with us where you rejoin as a customer within six months after having terminated your account;
(h) monitor your compliance with our Acceptable Use Policy and other terms and conditions of supply;
(i) comply with our reporting and other obligations to third party licensors (such as reporting to software suppliers the number and identity of software licenses we have issued as part of our products).
3.4 We will treat all information we collect from you as strictly confidential. Harrisontech does not rent or lease its customer lists to third parties. We will not reveal, disclose, sell, distribute, rent, licence, share or pass onto any third party (other than those who are contracted or supply services to Harrisontech) any personal information that you may have provided to us unless we have your express consent to do so, other than in the circumstances set out in the next paragraph.
3.5 We will disclose your personal information, without notice or your consent, only if:
(a) we are required to do so by law or in the good faith belief that such action is necessary to conform with the laws, applicable code of conduct or legal process served on us in relation to our business or web site;
(b) to protect and defend the rights or property of Harrisontech;
(c) if we consider it necessary to do so in order to enforce or apply the terms of any of our agreements with you;
(d) if we sell our business or part of it; and
(e) in extreme circumstances, to protect the personal safety of users of Harrisontech's services, its web site, our staff or the public.

4. Security
4.1 Harrisontech has implemented security features in our database to protect your personal information from unauthorised access. We maintain our servers in a controlled, secured environment. Only staff who need to have access to your personal information in order to perform their job function are authorised to access the database. Constant changes to the internet and technology mean that we cannot guarantee that data transmission will be 100% secure, or safe from attack by unauthorised intruders.
4.2 You can elect to provide your details via our secure web browser which encrypts information. In order to access your personal information on our secure web browser known as Mission Control, you will be required to input your username and password. For this reason, it is safe to transmit your credit card number over the internet, although no data transmission can be absolutely guaranteed as secure. Please note that this encryption is only available if you choose to use the encrypted order form (SSL Security). If you use the normal order form encryption will not take place and we cannot assure the security of your details.
4.3 If you do not wish to provide your credit card details over the internet when joining Harrisontech you can download and complete the "print and fax order form".

5. Other Disclosure By You
5.1 You might provide personal information through your participation in chat sessions, message boards, email exchanges or newsgroups accessed via Harrisontech.com, or another service provided by Harrisontech. This information is public and immediately available to anyone who has access to such a site; it is not private. Harrisontech urges you to enter only information that you are comfortable to share with the public at large in this public domain. This Privacy Policy does not apply to such information.
5.2 You should never reveal your password to third parties. If you lose control of your password, you may lose control over your personal information and may be liable for actions taken on your behalf by third parties using your password and/or personal information. Therefore, if your password has been compromised for any reason, you should immediately change it.
5.3 If you collect personal information which you keep on servers provided by Harrisontech as part of our service to you (including email), you alone are responsible for compliance with the Privacy Act 1988 (Cth) in respect of that information. We take no responsibility for your dealings with personal information you collect.

6. How To Access & Correct Your Personal Information
6.1 From time to time you may need to update your personal information. We keep this information in a secure environment which you can access through Mission Control at https://mc-au.server-secure.com/. In order to amend any of your personal information, you will be required to give your username and password.
6.2 If you contact us via telephone, you will need to answer a few security questions before any personal information is revealed or amended.

7. Children's Privacy
Harrisontech does not knowingly collect, use or market any information to children without seeking parental or a guardian's consent. We also urge you to familiarise yourself with your legal responsibilities with regard to children and the internet, which can be found in our Acceptable Use Policy.

8. Complaints
If you have a complaint about any aspect of our Privacy procedures, please contact our Privacy Officer on privacyofficer@harrisontech.com.au. We will deal promptly with your complaint. If we cannot resolve the complaint to your satisfaction within a reasonable time, you or we may refer the complaint to the Privacy Commissioner.

Back to top

Bundle Pack Terms

1. Following is a copy of the terms and conditions that you must agree to, to receive our bundle pack offer. This is an extract from the web terms and conditions, and is subject to change without notice, therefore is advisable to regularly check the terms:

1.2. The term for bundle pack are 36 months where stated and the term of 36 months can also apply for one off services/product special offers.
Where services such as free websites and online systems are offered within the bundle packs the terms and conditions relevant to those services will also apply except for the minimum term stated within those terms as the bundle pack terms will overwrite in way for term period and will hold true.

1.3. The free domain name offer is valid for 2 years. Harrisontech will supply the domain name of your available choice to your for two (2) years at no cost to you. After the initial 2 years when the renewal of the domain name is due it then becomes the responsibility of the domain name holder. Domain names must be searched and order requested at http://www.harrisontech.com.au

Back to top

Terms & Conditions For VoIP Service & Supply including Hardware/Equipment Supply

Terms and conditions apply for the hardware.equipment supply, installation and service provision including VoIP services to the company, business, person or persons, client, customer, group, organisation, or any other person or persons authorised to act (referred to as “the Client”). The Client will have a separate signed agreement in place relative to their VoIP installation known as (“the Agreement"). Following are the terms and conditions for the following sections:

VoIP Service & Supply inc Lease and Rental
- Policy 1 - standard document for virtual services with purchased hardware
- Policy 1 - for rental and lease arrangements
Equipment Installation and Ownership Terms
Business Telephone Support

 

VoIP Service & Supply

1              TIME OF COMPLETION

1.1. The Services shall be commenced as soon as feasibly possible and only after the first payment has been received and funds cleared. Once funds are cleared all equipment will be ordered immediately, and then sent to technical staff to be configured.

1.2. Once configuration has taken place all equipment will be posted to your facility for installation by you onsite or by an installer should you have selected this option.

2              EXPENSES

The Client agrees to reimburse all reasonable expenses authorised in advanced by the Client for any unforeseen expenses that may be incurred in the connection of the VoIP system/network where it is not listed with your Agreement.

3              INDEPENDENT CONTRACTOR

Technical consultants are independent contractors and not an employee of the Client, and unless otherwise stated within your Agreement, are not entitled to any of the benefits normally provided to the employees of the Client.

4              CONFIDENTIALITY

4.1. The Consultant and its employees including any contractors acknowledges that he/she may have access to the Client’s confidential and proprietary information. Such confidential information may include, without limitation:
4.1.1.  business and financial information,
4.1.2.  business methods and practices,
4.1.3.  technologies and technological strategies,
4.1.4.  marketing strategies and
4.1.5.  other such information as Client may designate as confidential (referred to as “Confidential Information”).

4.2. All parties involved agree to not disclose to any other person (unless required by law) or use for personal gain any Confidential Information at any time during or after the term of the Agreement, unless Client grants express, written consent of such a disclosure. In addition, all parties involved will use his/her best efforts to prevent any such disclosure.

4.3. Confidential Information will not include information that is in the public domain, unless such information falls into public domain through Consultant’s unauthorised actions.

5              OWNERSHIP OF PREPARED MATERIALS

5.1. Unless otherwise stated within the Clients agreement, all physical hardware received by the Client is solely owned by the Client (referred to as the “Prepared Materials”).

5.2. The Consultant hereby assigns and transfers any and all rights, title and interest that he/she may have in the Prepared Materials, including any rights under copyright law, to the Client. The Consultant agrees to assist the Client, upon request, by taking any reasonable action that may be necessary for the perfecting, securing and completing of these rights. The Prepared Materials do not, however, include any items or materials that pre-existed the Agreement (“Pre-existing Materials”) and does not include allocated telephone numbers and the virtual PBX being operated from within the Harrisontech control panel. The Consultant hereby gives the Client a nonexclusive, worldwide, royalty-free license to use, execute, display or perform any Pre-Existing Materials included or contained in the Prepared Materials.

5.3. The virtual PBX and allocated telephone numbers including channels are operated under and within the Harrisontech controlled virtual control panel and the numbers including channels is supplied to the Client within the monthly service fee. Extra channels and lines will incur extra expenses. All calls made from the supplied line(s) and channel(s) including any expenses associated with the service supply number(s) and channel(s) will be paid by direct debit request, requested by Harrisontech from the Clients nominated bank account monthly. A copy of the calls and charges will be provided to the Client as the same time the direct debit request is made.

6              LIABILITY

6.1. Other than for a breach of this agreement Harrisontech shall not be liable to you for any loss or damage including without limitation, consequential loss or damage suffered by you whether arising directly or indirectly from the supply of any goods or services under the agreement.

6.2. Where the law implies any term in the agreement, which cannot by law be excluded, then that term is included in the agreement. Harrisontech's liability for any breach of such an implied term will be limited, at our option, to the following:

6.2.1. in the case of the provision of services to the supplying of those services again, or the reasonable cost of supplying those services again; and

6.2.2. in the case of the provision of goods to the replacement of those goods or the supply of equivalent goods (or the reasonable cost of the same, the repair of those goods or the reasonable cost of repairing those goods).

6.2.3. Without limiting subclause 6.1. Harrisontech shall not be liable to you:

6.2.4. for any transaction disputed by any person in any way or manner;

6.2.5. for any claims resulting from fraudulent use of a personal credit card number or a credit card; and/or

6.2.6. any breach of the Financial Institution Agreement.

6.2.7. In no event will Harrisontech be liable to you for any remote, indirect consequential special or incidental damages, including without limitation, damages resulting from loss of data, loss of profits or business interruption or cost of cover, whether based on breach of contract, tort (including negligence), product liability or otherwise. This limitation will apply even if Harrisontech have been advised of the possibility of such damages.

6.2.8. Regardless of the form of action our aggregate liability to you for all claims by you against Harrisontech arising under the agreement or our performance of the agreement shall not exceed the monthly sum paid to Harrisontech by you under the agreement.

6.3. If at any point in time you (the "Client") decides to move, transfer, sell, close, wind-up, cease, rename, rebrand or give away your business the current Agreement remains in place until it is paid out to Harrisontech in full including the return of all equipment back to Harrisontech in good clean working order and condition. This applies to leased and or rented equipment only.

6.3.1. When or if equipment is returned or repossessed and the hardware supplied is not complete as to the original order supplied to the Client and is not in good clean working order, then you the Client is liable to replace the equipment with new.

6.3.2. If your business is moved, transferred, sold, closed, wound-up, ceased, renamed, rebranded or given away to a new entity or location, whether the new entity takes over the operating name or restructures with a new operating name it is the Client's responsibility to ensure they are clear with the Agreement the Client has in place with Harrisontech and it will transfer automatically to them if you allow and request new operating details and or bank account details to be changed.

6.3.3. If the new Client defaults on payment the original Client and Director will be liable for the remainder of the term with Harrisontech and you the Client accept that you will incur all recovery and legal action costs incurred by Harrisontech to recover the outstanding amounts as a private individual or existing or new business owner. By accepting these terms and signing a new agreement you are also accepting and providing Harrisontech a Directors Guarantee.

6.3.4. Should the client default in payment, Harrisontech has the right to disable any services operating from their leased and or rented hardware. If the default payment is not rectified within 24 hours or as otherwise agreed Harrisontech has the right to enter onsite without notice and repossess all leased and or rented equipment. The equipment will only be returned once all payments have been made in full. To reinstall equipment will incur charges to the Client at standard industry rates.

6.3.5. If equipment is repossessed the Client is still liable to pay out the remainder of the Agreement term(s).

6.3.6. We request written advice of new ownership or closure of business, plus where necessary a new debit request form or signed letter head of the previous Client is to be completed for payment.

6.3.7. If you do not agree to this liability to commit to the term, terms and conditions, do not sign the Agreement to proceed.

7              SERVICES

7.1. For the supply of your VoIP service(s), you being the Client will engage multiple service providers who are required to supply the services you require. Some of the main suppliers of the services are Harrisontech, Engin and GoTalk (referred to as “the Consultant”) who can jointly provide you equipment, sales support, technical support and VoIP provision services as a whole. 

7.2. The Consultant will not provide any equipment or service whatsoever unless you accept all the terms and conditions of use including the Agreement supplied to you.

7.3. If any provision of the agreement is held invalid, unenforceable or illegal for any reason, these terms and conditions shall remain otherwise in full force apart from such provision which shall be deemed deleted.

8              TERMINATION

8.1. Termination will be as per any attached Agreement schedule or term stated.

82. This agreement can be terminated by Consultant should you breach any of the clauses stated within as the clauses are the terms and conditions of use to utilise the use of the supplied service(s). If there is no written and/or signed Agreement(s); then acceptance of this Agreement applies.

9              RETURN OF PROPERTY

9.1. Upon termination or completion of this Agreement, the Consultant will promptly return all Client property, drawings, documents and other tangible manifestations of Confidential Information (and all copies and reproductions thereof).

9.2. In addition, the Consultant will return any other property belonging to Client including without limitation: computers, equipment, office supplies, money and documents.

10             CONTINUING OBLIGATIONS
 
Notwithstanding the termination of this Agreement for any reason, the provisions of this and the supplied Agreement will continue in full force and effect following such termination.

11             CONSULTANT’S EMPLOYEES AND CNTRACTORS

To the extent required by law, the Services shall be performed by individuals duly licensed and authorized by law to perform the Services.

12             CONSULTANT’S INSURANCE

Consultant warrants that he/she is adequately insured for injury to him/herself or his/her employees incurring loss or injury as a result of the acts of Consultant or its employees.

13             BINDING EFFECT

The covenants and conditions contained in these terms and your Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.

14             WAIVER

The failure of either party to enforce any provisions of the Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

15             FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform its obligations pursuant to the agreement if such delay is due to fire, flood, meteorological event, strike, industrial action, war, civil disturbance, Act of God or any other event outside the reasonable control of a party which causes the delay or failure by the party in the performance of its obligations under the agreement.

16             GOVERNING LAW

The agreement and these terms and conditions shall be governed in all respects by the laws of Queensland Australia. The parties to irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland Australia.

17             GUARANTEE

17.1. There are standard guarantee terms for supplied equipment by the manufacturer including the pre-configured router supplied being 12 months from date of purchase from the manufacturer. Should you experience a fault with hardware such as telephone, router or modem the Consultant may wish to loan a replacement piece of equipment until the repaired or new equipment arrives.

17.2. Quality of VoIP services is very dependant on ISP networks and internal traffic usage and the right ISP plan. We strongly recommend you use a Peer with Pipe network provider with a minimum 512/512 upload/download for ISP services to maintain voice quality. For virtual PBX service supply, call quality and broadband services the Consultant will not and does not offer any guarantee or guarantees whatsoever including any form of guarantee for monetary returns and clearly states:

71.3. If any operating loss or any monetary loss is sustained over any period the Consultant will not refund any loss or losses;

17.4. There are no Guarantees, but all reasonable endeavours will be taken to ensure the configuration of the service supply is at its optimum at all times.

18             UPTIME

18.1. As the supplied service operates from web servers and data centres, the person or company using the service(s) needs to be aware and accept things can go wrong from time to time with servers and data centres (these are what allow the services to operate) although the expected uptime is 99% or higher there may be times when the purchaser of the service may not be able to access or use the supplied service due to a problem outside of our control.

18.2. The supplied service is supplied with the upmost integrity and good faith and has been extensively tested and tried. Should for any reason you experience a fault where the supplied service may not be functional to a satisfactory standard required; should this extremely rare occasion occur no responsibility or liability will be directed to the Consultant’s and providers of any of the services supplied.

Note:
When quoting on phone system rental or lease attached will be a Policy 1 document to clarify the terms and conditions unless other written as a quoted agreement with a term. There are two types of Policy 1 documents as follows:

Policy 1 - standard document for virtual services with purchased hardware
Policy 1 - for rental and lease arrangements

Policy 1 (used for virtual services)
Terms & Conditions For VoIP Service & Supply

Terms and conditions apply for the supply, installation and service provision of VoIP services to the company, business, person or persons, client, customer, group, organisation, or any other person or persons authorised to act (referred to as “the Client”). The Client will have a separate signed agreement in place relative to their VoIP installation known as (“the Agreement”)

1              TIME OF COMPLETION
1.1. The Services shall be commenced as soon as feasibly possible and only after the first payment has been received and funds cleared. Once funds are cleared all equipment will be ordered immediately, and then sent to technical staff to be configured.
1.2. Once configuration has taken place all equipment will be posted to your facility for installation by you onsite or by an installer should you have selected this option.

2              EXPENSES
The Client agrees to reimburse all reasonable expenses authorised in advanced by the Client for any unforeseen expenses that may be incurred in the connection of the VoIP system/network where it is not listed with your Agreement.

3              INDEPENDENT CONTRACTOR
Technical consultants are independent contractors and not an employee of the Client, and unless otherwise stated within your Agreement, are not entitled to any of the benefits normally provided to the employees of the Client.

4              CONFIDENTIALITY
4.1. The Consultant and its employees including any contractors acknowledges that he/she may have access to the Client’s confidential and proprietary information. Such confidential information may include, without limitation:
4.1.1.  business and financial information,
4.1.2.  business methods and practices,
4.1.3.  technologies and technological strategies,
4.1.4.  marketing strategies and
4.1.5.  other such information as Client may designate as confidential (referred to as “Confidential Information”).
4.2. All parties involved agree to not disclose to any other person (unless required by law) or use for personal gain any Confidential Information at any time during or after the term of the Agreement, unless Client grants express, written consent of such a disclosure. In addition, all parties involved will use his/her best efforts to prevent any such disclosure.
4.3. Confidential Information will not include information that is in the public domain, unless such information falls into public domain through Consultant’s unauthorised actions.

5              OWNERSHIP OF PREPARED MATERIALS
5.1. Unless otherwise stated within the Clients agreement, all physical hardware received by the Client is solely owned by the Client (referred to as the “Prepared Materials”).
5.2. The Consultant hereby assigns and transfers any and all rights, title and interest that he/she may have in the Prepared Materials, including any rights under copyright law, to the Client. The Consultant agrees to assist the Client, upon request, by taking any reasonable action that may be necessary for the perfecting, securing and completing of these rights. The Prepared Materials do not, however, include any items or materials that pre-existed the Agreement (“Pre-existing Materials”) and does not include allocated telephone numbers and the virtual PBX being operated from within the Harrisontech control panel. The Consultant hereby gives the Client a nonexclusive, worldwide, royalty-free license to use, execute, display or perform any Pre-Existing Materials included or contained in the Prepared Materials.
5.3. The virtual PBX and allocated telephone numbers including channels are operated under and within the Harrisontech controlled virtual control panel and the numbers including channels is supplied to the Client within the monthly service fee. Extra channels and lines will incur extra expenses. All calls made from the supplied line(s) and channel(s) including any expenses associated with the service supply number(s) and channel(s) will be paid by direct debit request, requested by Harrisontech from the Clients nominated bank account monthly. A copy of the calls and charges will be provided to the Client as the same time the direct debit request is made.

6              LIABILITY
6.1. Other than for a breach of this agreement we shall not be liable to you for any loss or damage including without limitation, consequential loss or damage suffered by you whether arising directly or indirectly from the supply of any goods or services under the agreement.
6.2. Where the law implies any term in this agreement, which cannot by law be excluded, then that term is included in this agreement. Our liability for any breach of such an implied term will be limited, at our option, to the following:
6.2.1. in the case of the provision of services to the supplying of those services again, or the reasonable cost of supplying those services again; and
6.2.2. in the case of the provision of goods to the replacement of those goods or the supply of equivalent goods (or the reasonable cost of the same, the repair of those goods or the reasonable cost of repairing those goods).
6.2.3. Without limiting subclause 6.1. we shall not be liable to you:
6.2.4. for any transaction disputed by any person in any way or manner;
6.2.5. for any claims resulting from fraudulent use of a personal credit card number or a credit card; and/or
6.2.6. any breach of the Financial Institution Agreement.
6.2.7. In no event will we be liable to you for any remote, indirect consequential special or incidental damages, including without limitation, damages resulting from loss of data, loss of profits or business interruption or cost of cover, whether based on breach of contract, tort (including negligence), product liability or otherwise. This limitation will apply even if we have been advised of the possibility of such damages.
6.2.8. Regardless of the form of action our aggregate liability to you for all claims by you against us arising under this agreement or our performance of this agreement shall not exceed the monthly sum paid to us by you under this agreement.

7              SERVICES
7.1. For the supply of your VoIP service(s), you being the Client will engage multiple service providers who are required to supply the services you require. Some of the main suppliers of the services are Harrisontech and Engin (referred to as “the Consultant”) who jointly provide you equipment, sales support, technical support and VoIP provision services as a whole. 

7.2. The Consultant will not provide any equipment or service whatsoever unless you accept all the terms and conditions of use including the Agreement supplied to you.
7.3. If any provision of the agreement is held invalid, unenforceable or illegal for any reason, these terms and conditions shall remain otherwise in full force apart from such provision which shall be deemed deleted.
7.4. You are also liable to the engin Terms & Conditions located within the engin website at http://www.engin.com.au

8              TERMINATION
8.1. Termination will be as per any attached Agreement schedule.
82. This agreement can be terminated by Consultant should you breach any of the clauses stated within as the clauses are the terms and conditions of use to utilise the use of the supplied service(s). If there is no written and/or signed Agreement(s); then acceptance of this Agreement applies.

9              RETURN OF PROPERTY
9.1. Upon termination or completion of this Agreement, the Consultant will promptly return all Client property, drawings, documents and other tangible manifestations of Confidential Information (and all copies and reproductions thereof).
9.2. In addition, the Consultant will return any other property belonging to Client including without limitation: computers, equipment, office supplies, money and documents.

10             CONTINUING OBLIGATIONS  
Notwithstanding the termination of this Agreement for any reason, the provisions of this and the supplied Agreement will continue in full force and effect following such termination.

11             CONSULTANT’S EMPLOYEES AND CONTRACTORS
To the extent required by law, the Services shall be performed by individuals duly licensed and authorized by law to perform the Services.

12             CONSULTANT’S INSURANCE
Consultant warrants that he/she is adequately insured for injury to him/herself or his/her employees incurring loss or injury as a result of the acts of Consultant or its employees.

13             BINDING EFFECT
The covenants and conditions contained in these terms and your Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.

14             WAIVER
The failure of either party to enforce any provisions of the Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

15             FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform its obligations pursuant to the agreement if such delay is due to fire, flood, meteorological event, strike, industrial action, war, civil disturbance, Act of God or any other event outside the reasonable control of a party which causes the delay or failure by the party in the performance of its obligations under the agreement.

16             GOVERNING LAW
The agreement and these terms and conditions shall be governed in all respects by the laws of Queensland Australia. The parties to irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland Australia.

17             GUARANTEE
17.1. There are standard guarantee terms for supplied equipment by the manufacturer including the pre-configured router supplied being 12 months from date of purchase from the manufacturer. Should you experience a fault with hardware such as telephone, router or modem the Consultant may wish to loan a replacement piece of equipment until the repaired or new equipment arrives.
17.2. Quality of VoIP services is very dependant on ISP networks and internal traffic usage and the right ISP plan. We strongly recommend you use a Peer with Pipe network provider with a minimum 512/512 upload/download for ISP services to maintain voice quality. For virtual PBX service supply, call quality and broadband services the Consultant will not and does not offer any guarantee or guarantees whatsoever including any form of guarantee for monetary returns and clearly states:
71.3. If any operating loss or any monetary loss is sustained over any period the Consultant will not refund any loss or losses;
17.4. There are no Guarantees, but all reasonable endeavours will be taken to ensure the configuration of the service supply is at its optimum at all times.

18             UPTIME
18.1. As the supplied service operates from web servers and data centres, the person or company using the service(s) needs to be aware and accept things can go wrong from time to time with servers and data centres (these are what allow the services to operate) although the expected uptime is 99% or higher there may be times when the purchaser of the service may not be able to access or use the supplied service due to a problem outside of our control.
18.2. The supplied service is supplied with the upmost integrity and good faith and has been extensively tested and tried. Should for any reason you experience a fault where the supplied service may not be functional to a satisfactory standard required; should this extremely rare occasion occur no responsibility or liability will be directed to the Consultant’s and providers of any of the services supplied.
18.3, The consultant can not be held liable and will accept responsibility in any way for any third party supply of services including voice quality of a shared internet connection and poor DSL connections and speeds that affects quality.

Policy 1 (used for rental or lease supply)
Terms & Conditions For VoIP Service & Supply - Rent or Lease

Terms and conditions apply for the supply, installation and service provision of VoIP services to the company, business, person or persons, client, customer, group, organisation, or any other person or persons authorised to act (referred to as “the Client”). The Client will have a separate signed agreement in place relative to their VoIP installation known as (“the Agreement”)

1              TIME OF COMPLETION
1.1. The Services shall be commenced as soon as feasibly possible and only after the first payment has been received and funds cleared. Once funds are cleared all equipment will be ordered immediately, and then sent to technical staff to be configured.
1.2. Once configuration has taken place all equipment will be installed at the nominated facility by an installer should you the Client have selected this option.

2              EXPENSES
The Client agrees to reimburse all reasonable expenses authorised in advanced by the Client for any unforeseen expenses that may be incurred in the connection of the VoIP system/network where it is not listed with your Agreement.

3              INDEPENDENT CONTRACTOR
Technical consultants are independent contractors and not an employee of the Client, and unless otherwise stated within your Agreement, are not entitled to any of the benefits normally provided to the employees of the Client.

4              CONFIDENTIALITY
4.1. The Consultant and its employees including any contractors acknowledges that he/she may have access to the Client’s confidential and proprietary information. Such confidential information may include, without limitation:
4.1.1.  business and financial information,
4.1.2.  business methods and practices,
4.1.3.  technologies and technological strategies,
4.1.4.  marketing strategies and
4.1.5.  other such information as Client may designate as confidential (referred to as “Confidential Information”).
4.2. All parties involved agree to not disclose to any other person (unless required by law) or use for personal gain any Confidential Information at any time during or after the term of the Agreement, unless Client grants express, written consent of such a disclosure. In addition, all parties involved will use his/her best efforts to prevent any such disclosure.
4.3. Confidential Information will not include information that is in the public domain, unless such information falls into public domain through Consultant’s unauthorised actions.

5              OWNERSHIP OF PREPARED MATERIALS
5.1. Unless otherwise stated within the Clients agreement, all physical hardware received by the Client on a rent or lease arrangement is solely owned by the Consultant (referred to as the “Prepared Materials”).
5.2. The Client agrees by signing the agreement they will enter into a rental/lease term for the minimum term stated for use of the Prepared Materials. The Prepared Materials do not, however, include any items or materials that pre-existed the Agreement (“Pre-existing Materials”) and does not include allocated telephone numbers or VoIP service providers.
5.3. If using a virtual PBX service and allocated telephone numbers including channels operated under and within the Harrisontech controlled virtual control panel and the numbers including channels is supplied to the Client within the monthly service fee. Extra channels and lines will incur extra expenses. All calls made from the supplied line(s) and channel(s) including any expenses associated with the service supply number(s) and channel(s) will be paid by direct debit request, requested by Harrisontech from the Clients nominated bank account monthly. A copy of the calls and charges will be provided to the Client as the same time the direct debit request is made.

6              LIABILITY
6.1. Other than for a breach of this agreement we shall not be liable to you for any loss or damage including without limitation, consequential loss or damage suffered by you whether arising directly or indirectly from the supply of any goods or services under the agreement.
6.2. Where the law implies any term in this agreement, which cannot by law be excluded, then that term is included in this agreement. Our liability for any breach of such an implied term will be limited, at our option, to the following:
6.2.1. in the case of the provision of services to the supplying of those services again, or the reasonable cost of supplying those services again; and
6.2.2. in the case of the provision of goods to the replacement of those goods or the supply of equivalent goods (or the reasonable cost of the same, the repair of those goods or the reasonable cost of repairing those goods).
6.2.3. Without limiting subclause 6.1. we shall not be liable to you:
6.2.4. for any transaction disputed by any person in any way or manner;
6.2.5. for any claims resulting from fraudulent use of a personal credit card number or a credit card; and/or
6.2.6. any breach of the Financial Institution Agreement.
6.2.7. In no event will we be liable to you for any remote, indirect consequential special or incidental damages, including without limitation, damages resulting from loss of data, loss of profits or business interruption or cost of cover, whether based on breach of contract, tort (including negligence), product liability or otherwise. This limitation will apply even if we have been advised of the possibility of such damages.
6.2.8. Regardless of the form of action our aggregate liability to you for all claims by you against us arising under this agreement or our performance of this agreement shall not exceed the monthly sum paid to us by you under this agreement.

7              SERVICES
7.1. For the supply of your VoIP service(s), you being the Client will engage multiple service providers who are required to supply the services you require. Some of the main suppliers of the services are Harrisontech and Engin (referred to as “the Consultant”) who jointly provide you equipment, sales support, technical support and VoIP provision services as a whole. 

7.2. The Consultant will not provide any equipment or service whatsoever unless you accept all the terms and conditions of use including the Agreement supplied to you.
7.3. If any provision of the agreement is held invalid, unenforceable or illegal for any reason, these terms and conditions shall remain otherwise in full force apart from such provision which shall be deemed deleted.
7.4. You are also liable to the engin Terms & Conditions located within the engin website at http://www.engin.com.au

8              TERMINATION
8.1. Termination will be as per any attached Agreement schedule.
82. This agreement can be terminated by Consultant should you breach any of the clauses stated within as the clauses are the terms and conditions of use to utilise the use of the supplied service(s). If there is no written and/or signed Agreement(s); then acceptance of this Agreement applies.


9              RETURN OF PROPERTY
9.1. Upon termination or completion of this Agreement, the Client will promptly return all the Consultants hardware in good clean operating condition and property including any drawings, documents and other tangible manifestations of Confidential Information (and all copies and reproductions thereof).
9.2. In addition, the Consultant will return any property belonging to the Client including without limitation: computers, equipment, office supplies, money and documents.

10             CONTINUING OBLIGATIONS  
Notwithstanding the termination of this Agreement for any reason, the provisions of this and the supplied Agreement will continue in full force and effect following such termination.

11             CONSULTANT’S EMPLOYEES AND CONTRACTORS
To the extent required by law, the Services shall be performed by individuals duly licensed and authorized by law to perform the Services.

12             CONSULTANT’S INSURANCE
Consultant warrants that he/she is adequately insured for injury to him/herself or his/her employees incurring loss or injury as a result of the acts of Consultant or its employees.

13             BINDING EFFECT
The covenants and conditions contained in these terms and your Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.

14             WAIVER
The failure of either party to enforce any provisions of the Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

15             FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform its obligations pursuant to the agreement if such delay is due to fire, flood, meteorological event, strike, industrial action, war, civil disturbance, Act of God or any other event outside the reasonable control of a party which causes the delay or failure by the party in the performance of its obligations under the agreement.

16             GOVERNING LAW
The agreement and these terms and conditions shall be governed in all respects by the laws of Queensland Australia. The parties to irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland Australia.

17             GUARANTEE
17.1. There are standard guarantee terms for supplied equipment by the manufacturer including the pre-configured router supplied being 12 months from date of purchase from the manufacturer. Should you experience a fault with hardware such as telephone, router or modem the Consultant may wish to loan a replacement piece of equipment until the repaired or new equipment arrives.

17.2. Quality of VoIP services is very dependant on ISP networks and internal traffic usage and the right ISP plan. We strongly recommend you use a Peer with Pipe network provider with a minimum 512/512 upload/download for ISP services to maintain voice quality. For virtual PBX service supply, call quality and broadband services the Consultant will not and does not offer any guarantee or guarantees whatsoever including any form of guarantee for monetary returns and clearly states:
71.3. If any operating loss or any monetary loss is sustained over any period the Consultant will not refund any loss or losses;
17.4. There are no Guarantees, but all reasonable endeavours will be taken to ensure the configuration of the service supply is at its optimum at all times.

18             UPTIME
18.1. As the supplied service operates from web servers and data centres, the person or company using the service(s) needs to be aware and accept things can go wrong from time to time with servers and data centres (these are what allow the services to operate) although the expected uptime is 99% or higher there may be times when the purchaser of the service may not be able to access or use the supplied service due to a problem outside of our control.
18.2. The supplied service is supplied with the upmost integrity and good faith and has been extensively tested and tried. Should for any reason you experience a fault where the supplied service may not be functional to a satisfactory standard required; should this extremely rare occasion occur no responsibility or liability will be directed to the Consultant’s and providers of any of the services supplied.
18.3, The consultant can not be held liable and will accept responsibility in any way for any third party supply of services including voice quality of a shared internet connection and poor DSL connections and speeds that affects quality.

SCHEDULE OF TERMINATION

Termination will result in either of the following:
• End of rent or lease term
• Client in breach of their agreement

Should the client be in breach of their agreement the Consultant has the right to terminate and repossess their equipment when deemed necessary to do so.

Should repossession of hardware, equipment and materials occur the client will be liable for any outstanding monies owed to the Consultant including any costs incurred by the Consultant to recover outstanding monies and debt and remaining term payments.

Upon termination of the agreement between the Consultant and the Client the client agrees to the following:

The client will return to the Consultant all hardware and equipment including power leads, power boards, cables, paperwork, manuals and any other supplied and relevant material in good working order to the address the Consultant advises the Client within Australia.

The equipment is to be clean and undamaged excluding fair wear and tear.

Should the hardware, equipment and materials be damaged in anyway outside of fair wear and tear it is the responsibility of the Client to pay for the replacement of damaged equipment.

Should any hardware, equipment or materials be missing when repossessed or returned to the Consultant by the Client, the Client will be liable to pay for replacement of any missing hardware, equipment or materials including any costs incurred to recover or replace equipment.

If the Client does not agree to any of the terms and conditions, or any of the termination requirements DO NOT SIGN THE AGREEMENT.

Back to top

Equipment Installation and Ownership Terms

Terms and conditions apply for the supply and installation of all hardware and/or equipment including materials and service to the company, business, person or persons, client, customer, group, organisation, or any other person or persons authorised to act (referred to as “the Client”). The Client will have a signed agreement in place relative to their purchase of hardware, materials and equipment VoIP installation known as (“the Agreement”)

1. All hardware and/or equipment including materials and service supplied by Harrisontech Pty Ltd/Consultant will remain the property of Harrisontech Pty Ltd/Consultant until it is paid for in full.

2. Should the Client pay a deposit regardless of the amount, this does not give the Client ownership of the hardware and/or equipment including materials and service until the Agreement amount is paid to Harrisontech Pty Ltd/Consultant in full and cleared.

3. The client agrees that non-payment to Harrisontech Pty Ltd/Consultant by the agreed terms, then Harrisontech has the right to enter the premises where their hardware and/or equipment including materials and service has been installed to reclaim all hardware and/or equipment including materials regardless of the circumstances.

4. The Client can not relocate any of the hardware and/or equipment including materials and service to any other location until the Agreement amount is paid to Harrisontech Pty Ltd/Consultant in full and cleared.

5. The Client can not sell, lend lease, rent, hire, pass on or give away the hardware and/or equipment including materials and service to any other location until the Agreement amount is paid to Harrisontech Pty Ltd/Consultant in full and cleared.

If the Client does not agree to any of the terms and conditions, or any of the termination requirements DO NOT ACCEPT THE AGREEMENT.

Back to top

Business Telephone Support

When we install a phone system we uniquely provide five business days of free support, directly from the day of installation. The reason we offer this support is that we believe it is ample time for you as the client to assess the functionality, and to ensure all is working to your satisfaction. After the free five days support has elapsed there is no more free support and a support package will be required. Harrisontech will support its own installations and quality of work 100%. Should we find an issue, which would be directly related to the quality of workmanship by a Harrisontech member, the repair/service will be performed at no charge and you will be advised of the situation accordingly?

Support options are:
1. Fixed monthly fee for a pre-determined support level agreement (value method; such as level-1 is unlimited remote hours support per month for a monthly fee of $55 – offsite only, where phone systems are capable of remote access). If travel to site is required then technician travel expenses will apply. Unlimited support is available on non-remote access systems, however travel to and from site fees will apply at technician expense.

2. Purchase a pre-paid support package usable in 15-minute increments (economical method) 3. Pay as you go, credit card must be supplied (more expensive method).

Note:

a. Clarification of a support request - Q: What is a support request? A: Any request.
b. For all support where on-site access is required then a travel fee will apply; this fee varies from state to state and location.
c. Where immediate on-site support is required, we will provide a technician as soon as feasible, however there may be circumstances where technicians are not available the same day if you have not purchased same day support.

We strongly suggest you ensure your ‘What If Plan’ is in place should this rare occurrence happen to ensure there is minimal disruption to your business.

4. Support charges will also apply for all support via phone. Should you be seeking advice on performing changes yourself, training charges will apply and is only available by credit card in advance.

5. Please be advised that support will be denied unless one of the above support options has been purchased.

6. For us to assist you faster and to keep the costs down, please provide us with as much detailed information as possible.

7. Although we may suggest an ITVSP and ISP for you to use to fit within your business circumstance, we take no responsibility for any issues that may arise as this is completely out of our control. We also take no responsibility for the account provider regardless if it is the likes of Telstra, Optus, Engin etc... As their services supplied are again completely our of our control.

8. If you or another party tamper with, modify or adjust any of the equipment and or settings (without our consent) from when we have installed and configured the equipment, we can take no responsibility whatsoever and charges will apply to rectify any issues, and some circumstances may even void your warranty.

9. Unless the installer is qualified, it is illegal to tamper with the telephone lines into the building including data cables and points, as this requires an ACMA (Australian Communications and Media Authority) registered technician such as Harrisontech personnel. Due to strict requirements put upon us, proof of the accredited cable and data installer (person who cabled your site) must be provided if requested (must have an ACMA license.

10. Any new or add on requests will be charged at support rates, plus any equipment used or supplied, this also includes any firmware updates.

11. Product and hardware warranty is a standard twelve months from date of purchase unless you have selected an extended warranty service. All products and hardware is a back to base warranty, therefore charges will apply for on-site access, labour and freight. Options to purchase an extended warranty on equipment purchased is available within the first 6 months, and a further option for next day delivery of hardware is also available for purchase.

We ask all clients to please go via the correct channels when seeking support (being landline numbers or email ticket system) as your support request will be handled promptly using these correct channels. Please do not call mobiles as this is not the correct procedure to go through for support, due to the nature of our work we do not take mobiles with us a lot of the time as it is inconvenient on certain sites.

Support - The direct support numbers are:
07 5630 1670 - Gold Coast
07 3117 2442 – Brisbane
07 5412 1516 - Sunshine Coast
07 4015 2324 – Cairns
02 8213 0611 – NSW
03 9017 5216 - VIC
08 6364 0011 – WA
08 8464 0902 – SA
08 8464 0902 - SA
02 6112 8405 – ACT
08 8464 0902 – NT
03 6237 0091 - TAS

Access to our support ticket system is at http://www.harrisontech.com.au/ticket/

To purchase a support package please visit http://www.cart.com.au/harrisontech/view/9/502236/

A “what if plan” needs to be put in place! What if you have an outage such as power, Internet or VSP? Therefore you need to consider what you will and can do should this type of situation arise. We always recommend - regardless what sort of telecommunication connection(s) you have and which provider(s) you use you should always ensure you have a ‘what if plan’ in place.

If the Client does not agree to any of the terms and conditions, or any of the termination requirements DO NOT ACCEPT THE AGREEMENT.

Back to top

We Are Here - Terms and Conditions including User Agreement

1. We Are Here - Search Engine Friendly Directory Service being (the "Service Provider") and its associated websites being (the "Material") are accessible within Australia and worldwide to anyone who has internet access. Granting access to use of the services supplied by the Service Provider and the Material within are subject to the terms and conditions of this User Agreement and is copyright to Harrisontech Pty Ltd.

1.1. By accessing and using all services supplied by the Service Provider and using the Material you accept, all applicable laws and regulations, including laws and regulations governing copyright and trademark without limitation or qualification, and all of the terms and conditions in this User Agreement.

1.2. Harrisontech Pty Ltd advises any third party being the reseller(s), agent(s), franchisee(s), franchisor(s), contractor(s), licensee(s), licensor(s), business director(s) including merchant(s) and any person(s), body(s), business(s), company(s), active directory member(s), non active directory member(s) or any other legal entity that will utilise the Harrisontech Pty Ltd developed We Are Here service reserves the right to change these terms and conditions at anytime. The changes will appear on this webpage address. By using the services provided by the Service Provider and the Material, you agree in advance to accept any changes.

2. We Are Here a division of Harrisontech Pty Ltd is the Service Provider of the Material that is made available to view, use and download from this and other web servers managed and owned by Harrisontech Pty Ltd, and is the copyrighted work of Harrisontech Pty Ltd. Use of the Material and its applications is governed by the terms as stated and shown within this agreement.

2.1. All information used and displayed by the Service Provider and the Material, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of Harrisontech Pty Ltd.

2.1.1. Those entries published by third parties being active directory member(s) are protected by copyright, trademark and other laws and are the property of Harrisontech Pty Ltd or the active directory member(s) respectively.

2.1.2. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of Harrisontech Pty Ltd or the appropriate active directory members respectively.

3. The Service Provider and the Material may contain information, facts and opinions from various individuals and organisations. The Service Provider and the Material are provided in good faith and the Service Provider including all its associated interests is held harmless at all times. Harrisontech Pty Ltd will take all care we deem possible but accept no responsibility.

3.1. The Service Provider and its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees has the right to cancel or suspend any active directory member(s) should it be deemed the active directory member is being dishonest or performing or displaying material that is not deemed appropriate. At all times the Service Provider and the Material will be held completely harmless to Harrisontech Pty Ltd and its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees including any infringements created by the active directory member(s) content.

3.2. The active directory member(s) agree not to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law. The active directory members will be responsible for, and indemnify and hold harmless Harrisontech Pty Ltd, its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees against, any claim arising from any material that you post or transmit. You acknowledge that Harrisontech Pty Ltd and its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees do not control the information available or displayed on the web and it is the complete responsibility of the active directory member(s) at all times.

3.4. Any communication or material you post or transmit to the Service Provider and/or the Material is, and will be treated as, non-confidential and non-proprietary. You assume full responsibility for anything you post or transmit, and you grant Harrisontech Pty Ltd and its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees the right to request to you to change, edit, delete or post Material if it is deemed necessary. This request is non negotiable as it is at the discretion of Harrisontech Pty Ltd and its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees.

4. To use the Service Provider services and hardware including the Material is at your own risk. Neither Harrisontech Pty Ltd, nor any of its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees shall be liable to you or anyone else for any loss or injury or any direct, indirect, incidental, consequential, special, punitive or similar damages arising out of your access or use of, or your inability to access or use, the service and the sites and the information available on the service and the sites or arising out of any action taken in response to or as a result of any information available on the service and the sites. You hereby waive any and all claims against Harrisontech Pty Ltd, and its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees arising out of your use of the service and the Material and the information available thereon.

4.1. Harrisontech Pty Ltd and its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees do not review or monitor any websites linked to the Service Provider and the Material, and are not responsible for the content of any such linked websites. Your linking to such websites is at your own risk

4.2. You should be aware that if you voluntarily disclose personal information such as name and email address on the We Are Here search engine friendly directory services listing on any other user or member generated pages, that information can be collected and used by others and may result in unsolicited messages from other parties.

4.3. This User Agreement and any disputes arising out of or related to the Service Provider and the Material shall be governed by, and construed and enforced in accordance with, the laws of the Australia Government.

5. The names of actual companies and products listed in the We Are Here search engine directory service websites or affiliated websites may be the trademarks of their respective owners. The example companies, organisations, products, people and events depicted herein are fictitious. No association with any real company, organisation, product, person, or event is intended or should be inferred.

6. Fees vary depending on the customer requirements; this applies to services outside the standard offerings. All fees are to be paid one year in advance by direct debit request with direct debit authorisation for each yearly renewal when the anniversary date falls due.

6.1. Credit card use will incur a surcharge as additional work is required to maintain and manage credit card accounts. By using direct debit will accord you a saving of approximately $26.00 per year for the standard We Are Here directory offer.

6.2. Please select carefully as we do not give refunds regardless of circumstances.

7. We offer no warranty:

7.1. As the We Are Here service operates from web servers and data centres, you are aware and accept things can go wrong from time to time with servers and data centres (these are what allow web services to operate and products to display on the web) and hold Harrisontech Pty Ltd including its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensee harmless at all times should this occur, although the expected uptime is 99.9% or higher there may be times when you may not be able to access the service due to a problem or issue outside of their and our control

7.2. The web based online software was built and developed with the upmost integrity and good faith and the software has been extensively tested and tried. Should for any reason you experience a fault where the online software may not be functional to a satisfactory standard required; should this extremely rare occasion occur no responsibility or liability will be directed to the owners and developers its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees of any service.

7.3. Security is of the highest priority and has been considered throughout the development of this online software and should the online software be subject to a malicious attack or attacks by a corrupt third party source; the services for the online software may be suspended for a short period of time whilst action is taken to rectify, recover and/or restore the data and/or system files. If in the extreme rare occasion where a malicious attack may take place and the data and/or system files have been damaged or lost then the system will be restored to the most recent backup taken and may mean some current data may be lost and not recoverable. The owners and developers will monitor security requirements and take necessary steps to endeavour to provide a hassle free service.

7.4. Harrisontech Pty Ltd along with its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees may perform system upgrade(s) and/or maintenance as deemed necessary when and as required. This may result in a slowing of the service and/or a short suspension of the service whilst the upgrade or maintenance takes place. Upgrades and maintenance does not reflect in the expected uptime of 99.9% as it is classed as an essential service.

8. Harrisontech Pty Ltd and its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees will not and does not offer any guarantee or guarantees whatsoever including any form of guarantee for monetary returns and clearly states:

8.1. If any operating loss or any monetary loss is sustained over any period, Harrisontech Pty Ltd along its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees will not refund any loss or losses and be held harmless at all times;

8.2. There are no guarantee(d) terms for all services offered by Harrisontech Pty Ltd and its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees for the We Are Here search engine friendly directory service.

8.3. Although we are confident with our directory product, we can not guarantee you placement and ranking on search engines. The We Are Here product was developed in good faith and we have tested its ability to produce and report exceptional results. We will always endeavour to constantly maintain and build quality products for a results driven success to our customers.

9. This agreement can be terminated at anytime for active directory member(s) who have purchased a yearly subscription. Should a member elect to cancel during their or any twelve month term no refund will be given for any remaining month(s).

10. Other than for a breach of this agreement we shall not be liable to you for any loss or damage including without limitation, consequential loss or damage suffered by you whether arising directly or indirectly from the supply of any goods or services under this agreement.

10.1. Where the law implies any term in this agreement, which cannot by law be excluded, then that term is included in this agreement. Our liability for any breach of such an implied term will be limited, at our option, to the following:

10.1.1 in the case of the provision of services to the supplying of those services again, or the reasonable cost of supplying those services again; and

10.1.2. in the case of the provision of goods to the replacement of those goods or the supply of equivalent goods (or the reasonable cost of the same, the repair of those goods or the reasonable cost of repairing those goods).

10.1.3. for any transaction disputed by any person in any way or manner;

10.1.4. for any claims resulting from fraudulent use of a personal credit card number or a credit card; and/or

10.1.5. any breach of the Financial Institution Agreement.

10.2. In no event will we be liable to you for any remote, indirect consequential special or incidental damages, including without limitation, damages resulting from loss of data, loss of profits or business interruption or cost of cover, whether based on breach of contract, tort (including negligence), product liability or otherwise. This limitation will apply even if we have been advised of the possibility of such damages.

10.3. Regardless of the form of action our aggregate liability to you for all claims by you against us arising under this agreement or our performance of this agreement shall not exceed the monthly sum paid to us by you under this agreement.

11. You must treat the development and supplied online software as confidential information at all times and is to remain confidential and commercially valuable and you will not use if for any purpose other than carrying out its duties or obligations under this agreement nor will you disclose any confidential information of the other party to any third person or company without the prior written consent of the owners and developers.

11.1. You acknowledge that all confidential information is the property of the Harrisontech Pty Ltd and confidential to it and undertakes to use the We Are Here online software as is intended to; but not take, borrow, show or deliver any part or content or source code from within the We Are Here online software development and undertakes to keep confidential to themselves and will not divulge or disclose any part to any other person or corporation.

11.2. You further acknowledge that each customer of Harrisontech Pty Ltd is and shall remain their customer and is not to be approached unless otherwise agreed.

12. The We Are Here online software is and will remain the Intellectual Property of Harrisontech Pty Ltd. This means the We Are Here online software is copyright (including future copyright) and can not be used for any purpose either being part or fully than for the agreement in place, and will include trademarks (registered and unregistered), designs and patents (whether registered or registrable), semiconductor and circuit layout rights, trade, business and company names, trade secrets, or any other proprietary rights, and any rights to registration of those rights, whether created before or after the date of this Agreement, and whether existing in Australia or elsewhere.

Any rights not expressly granted herein are reserved.
Copyright notice
Excepting external documents referenced, all web content is:
Copyright 2002-2013 Harrisontech Pty Ltd

Back to top

 

© Harrisontech Pty Ltd - All prices are quoted in AUD (unless otherwise specified)

Search and buy your domain name below

www.  .