DBR IT Pty Limited -
Terms, Conditions and General Information

ABN38 060 306 407

Terms and Conditions – All goods and services ordered by the customer from DBR IT Pty Limited of 49 Captain Cook Drive, TAREN POINT NSW, are subject to these terms and conditions.

Quotations

1. Prices are quoted in good faith in Australian dollars and are held firm for 7 days from the date of quotation. Quotations are void after this time.
2. DBR IT Pty Limited shall provide the Customer with the hardware, software and services specified in any authorised DBR IT Pty Limited quotation, accepted by an authorised purchase order by the customer.
3. Payment of Goods are as follows:

i. 20% Deposit with the Order

ii. 80% Final Payment Due on Delivery

iii. If you choose to finance the purchase – DBR IT Pty Limited will refund the deposit on delivery of the goods and handover of the finance cheque.

d. Hardware and software items are all cash on delivery unless by prior arrangement in writing

GST & Tax Invoices

1. A Goods and Services Tax (GST) of 10% applies to all products, parts and services.
2. Invoices issued from DBR IT Pty Limited from the 1st July 2000 will be issued as Tax Invoices complying with all statutory requirements.
3. Invoices will include the words "Tax Invoice" and our Australian Business Number, and will show the GST amount separately.

Ownership of Goods

1. Title of ownership of goods remains the property of DBR IT Pty Limited and does not pass to you until the goods have been paid for in full.

Third Party Warranty

1. All software and hardware purchased from DBR IT Pty Limited by the customer are governed by the terms of the warranties by the specific manufacturer of that particular product.
2. Third Party Warranty includes parts only and does not cover any DBR IT Pty limited Labour to replace those parts.

Requests for Service

1. For tasks not covered by a Service Level Agreement, all requests for service should be via a Purchase Order or written confirmation on some form of company stationery.
2. It is expected that Purchase Orders will be faxed to our office after verbal approval to proceed has been given and prior to commencement of work.
3. DBR IT cannot be held liable and accepts no responsibility for being unable to perform the Services due to lack of resources.
4. DBR IT reserves the right to charge the customer for any extra costs incurred by DBR IT caused by the Customers instructions, lack of instructions, interruptions, mistakes, work for which DBR IT is not responsible and changes to customer's requirements, expectations or hardware/software environment

Invoices

a. Invoices will be provided on a timely basis for all on going service work so those clients may keep accurate control of the time invested and results achieved.

b. Invoices are issued on the completion of a job or task, except in the case of progress payments.

Prepaid Hours

1. Prepaid hours that are not used within twelve (12) months from the date of purchase will expire.

Payment

1. All accounts issued by DBR IT Pty Limited are payable within fourteen (14) days from statement date.
2. If any accounts remain outstanding after the due date DBR IT Pty Limited may charge interest at a rate of 1.25% per month on the total due.
3. DBR IT Pty Limited reserves the right to withhold any service if your account is outside these trading terms.

Claims or Discrepancies

1. Any request for credit must be received in writing within 14 days of the invoice date.
2. A clear explanation of the reason the credit is sought will assist us to act promptly to resolve the matter.
3. Any requests for credit received after 14 days from invoice date will require an 80% payment of the requested amount before processing can begin.

Fee Structure

1. Our standard fees are based on time costing, an hourly rate or telephone rate depending on the service and type required.
2. Fees are usually reviewed annually but vary from time to time in accordance with movements in the Consumer Price Index or any other acceptable measure of change in money value.
3. DBR IT P/L charges a minimum of 1 hour plus ½ hr Call-out Fee for on-site service and a minimum of 15 minutes for remote service.

Types of Service Offered

1. Service can be provided either within a Service Level Agreement, or on an as required basis or for a fixed fee project.
2. Service Level Agreements are for a twelve-month period with a fixed annual fee paid monthly. They provide a complete range of priority services to ensure your system is up and running at all times.
3. Fixed Price projects are negotiated on an individual basis in writing in the form of a DBR IT Pty Limited Quotation.

Call Out Fee

1. A call out fee is charged in addition to the normal hourly rate for time taken to travel to and from your site.
2. For site visits that require travel outside the Sydney metropolitan area, travel time will be calculated on a case by case basis subject to distance traveled.

Cancellations

1. A Call out fee may still be charged if any scheduled site visit is cancelled by the customer without reasonable notice.
2. FULL REFUND for cancellations of Training will be provided if at least 48 hours notice of cancellation booking is provided. If cancellation occurs with less than 48 hours notice no refund will be provided.

After Hours Service

1. If after hours service or support is requested or required then the Time and a half and double time hourly rates will be applied. I.e. 1.5 x the normal hourly rate for Weekday after hours and 2.0 x the hourly rate for weekends
2. This rate will also apply to work that must be done outside normal working hours. This would include situations where access to a system is not available during normal working hours or for other reasons requiring work outside office hours even though the request may have originated within normal hours.
3. The rate will not apply if DBR IT personnel elect to work outside office hours or if special arrangements have been made and confirmed in writing.

Confidentiality

a. All information, data and documentation is treated as strictly confidential and never discussed or made available to third parties.

b. At no time will information not generally available to the marketplace and originating from our association be passed on to any third party without your prior consent.

Force Majeure

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 Force Majeure.
2. Force Majeure is defined in this clause as any circumstance beyond the reasonable control of either party that results in either party being unable to perform an obligation under this Agreement either at all or within the time required including:
3. internet access failure caused by amongst other things, data corruption or unlawful tampering or any third party action or equipment that results in denial of service or access request overload, provided such failure is not contributed to by the party responsible for performing the obligation or providing the access;
4. acts of God, lightning strikes, earth quakes, floods, droughts, storms, tempest, mud slides, washaways, explosions, fires and any natural disaster; and
5. acts of war, acts of public enemies, terrorists, riots, civil commotion, sabotage and revolution and industrial disputes not caused by the party affected by the dispute;
6. This clause does not apply to any payment obligation.

General Information

a. Nothing in this Agreement creates a relationship of employer and employee, principal and agent, joint venture or partnership between the parties.

b. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings between the Parties whether written or oral in relation to the subject matter of this Agreement.

c. No right under this Agreement shall be deemed to be waived except by notice in writing signed by each Party.

d. No waiver by a party of a breach of any provisions of this Agreement or the failure of a party to exercise any right hereunder shall operate as a waiver of any subsequent breach of that right or as a waiver of any other right.

e. All changes to this Agreement must be in writing and signed by the parties

f. The laws of New South Wales, Australia, govern this Agreement.

g. Notices under this Agreement may be delivered by hand, by mail, e-mail or by facsimile to the addresses specified in this Agreement.

Office Hours

Normal office hours are 8.30 am to 5 pm Monday to Friday EST (excluding National and NSW public holidays).

Customer Service

Customer satisfaction is important to us. If you have a problem then please let us know.
Please call, fax or email us and we will get back to you promptly. Your constructive feedback means a better service for you and others.
Ph: (02) 9524 1200
Fax: (02) 924 1175
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