Terms of Service

Introduction

Use of this website and the services provided via it ("www.citbizs.com.au ") are conditional upon you accepting the following terms and conditions. Unless otherwise specified, your acceptance of this User Agreement shall be indicated by your use of and/or registration with www.citbizs.com.au. The website, www.citbizs.com.au is provided by Community IT & Business Solutions at Daw Park, South Australia.

These terms and conditions and our Privacy Policy, (together the “User Agreement”) form our entire agreement with you in respect of non-chargeable use of www.citbizs.com.au and supersede any prior agreement or arrangement with you in respect of www.citbizs.com.au. If a business name is inserted in your registration request, then the User Agreement shall be between us and that business name and accordingly unless the context otherwise requires, references to "you" and "your" in this User Agreement shall also be to that business. The purchase of goods and services from us is subject to our Purchasing Policy.

If there are any updates to this User Agreement or to the Terms and Conditions of Purchase, we will bring this to your attention on the home page of www.citbizs.com.au.

Interpretation

For the purposes of this agreement and unless otherwise stated in writing:

“CITBIZS” shall mean Community IT & Business Solutions, ABN 13 716 974 451 and its respective successors and assigns.

Client” shall mean the client named on any quote, invoice, purchase order, or any other document produced in relation to this agreement, or any person acting on behalf of and with the authority of the Client.

Goods” shall mean all Goods supplied by Community It & Business Solutions to the Client or ordered by the Client but not yet supplied and includes Goods described on any quote, invoice, purchase order, or any other document including any recommendations and advice.

“Services” shall mean all Services supplied by Community It & Business Solutions to the Client and includes any Services outlined in any quote, invoice, purchase order, or any other documentation produced in relation to this agreement including any recommendations and advice.

Availability of Community IT & Business Solutions Website - www.citbizs.com.au

We will endeavour to ensure that www.citbizs.com.au is available 24 hours per day without any interruptions.

However, we reserve the right to make www.citbizs.com.au unavailable at any time or to restrict access to parts or all of www.citbizs.com.au without notice.

Community IT & Business Solutions provides a business website (www.citbizs.com.au) that provides information to users, about our services, resources and provides a business network and portal for our members. At all times we will endeavour to ensure that the information contained is not misleading, and that it is accurate in its representation of current Community IT & Business Solutions information. However, Community IT & Business Solutions cannot guarantee that the information accessible on or via www.citbizs.com.au is accurate, not-misleading, complete or up to date, particularly when dealing with third party information sources that may be displayed.

Acceptance of Quote

Acceptance of a CITBIZS quote will constitute acceptance of the Terms and Conditions outlined by Community IT & Business Solutions. The Client warrants that the persons’ signatures appearing on this agreement are duly authorised by the Client to execute this agreement.

Payment Terms

Transactions made through Community IT & Business Solutions are processed in Australian Dollars (AUD). All prices displayed on the website, quotations or invoices refer to AUD currency.

Upon acceptance of this quote, 25% will be payable by the Client to Community IT & Business Solutions. Hardware will be invoiced upon delivery. Installation and design work will be invoiced according to the specific purchasing agreement signed by the Client, with Community IT & Business Solutions. All invoices are payable 14 days from invoice date.

The following conditions apply:

• All accounts are to be paid in full by the due date.
• Should the Client default in the payment of any monies due under this agreement, then all monies that are due to Community IT & Business Solutions will become due and payable within seven days of the date of demand. Community IT & Business Solutions shall be entitled to charge interest on all amounts not paid by the due date for payment and the Client undertakes to pay any interest so charged. Interest will be charged on a daily basis from the due date of payment at 1.5% per month or part thereof.
• For projects of greater than one month duration, including those delayed for any reason, Community IT & Business Solutions reserves the right to submit monthly progress invoices against work completed.

Delay

Community IT & Business Solutions will not be liable for any failure or delay in the delivery of Goods or Services in relation to this quote.

Intellectual Property

Any material which may be subject to any form of trademark or copyright that is displayed as part of the website is to be provided by the client or related parties who affirm that they have obtained all proper and legal consents required for use of such material.

Where Community IT & Business Solutions produces any design, pattern, or specification during the manufacture of the Goods and Services, intellectual property in them remains with Community IT & Business Solutions, and may only be reproduced or copied with the written consent of Community IT & Business Solutions.

Title & Risk

• All risk is transferred to the Client upon delivery of the Goods and Services.
• All goods and Services are the property and shall remain the property of Community IT & Business Solutions until all invoices and debts are paid in full by the Client.
• If the Client does not pay monies owed in full to Community IT & Business Solutions, Community IT& Business Solutions has the right to reclaim possession of the Goods. All costs associated with the repossession of the Goods shall be payable by the Client.
• The Client shall indemnify Community IT & Business Solutions against any loss or expense incurred from the Client breaching this contract.

Community IT & Business Solutions will not be liable for any losses, damages or expenses the Client suffers because Community IT & Business Solutions exercised its rights as stated in this Clause.

Indemnity & Qualifications

The Client agrees that no claim shall be made against Community IT & Business Solutions and any of its associated directors, partners, employees or agents (“Indemnified Persons”) to recover any loss or damage which the Client or its associates may suffer by reason of or arising out of anything done or omitted in relation to the provision of the Goods and/or Services described in this quote.

The Client must indemnify and keep indemnified Community IT & Business Solutions and the Indemnified Persons in respect of any claim, action, damage, loss, liability, cost, charge, expense or payment however arising (“Loss”) made or brought against, or paid, suffered, incurred by any Indemnified Person as a result of or in connections with, directly or indirectly, the provision of Goods or Services, described in this quote, including without limitation legal costs on a full indemnity basis.

The maximum amount for which Community IT & Business Solutions or the Indemnified Persons will be liable in respect of Loss made or brought against, or paid, suffered incurred by the Client or related party as a result of or in connection with this quote, is the total fees paid to Community IT & Business Solutions in relation to this engagement.

The remedies contained in this clause are without prejudice to and in addition to any warranties, indemnities, remedies or other rights provided by law, statute and/or under any other provision of this quote for the benefit of Community IT & Business Solutions.

No Solicitation

During the term of this Agreement, and for a period of twelve (12) months thereafter the expiration or termination of this agreement, the Client agrees not to solicit, recruit, engage, or otherwise employ or retain, on a full-time, part-time, consulting, or any other kind of basis, any employee or agent of Community IT & Business Solutions. This is applicable to all Community IT & Business Solutions employees and contractors, whether or not said person has been assigned to perform tasks under this agreement.

In the event such employment or consultation occurs, the Client agrees that Community IT & Business Solutions shall be entitled to an agency commission to be the greater of, either

• 25 percent of said person's starting salary with the Client, or
• 25 percent of fees paid to said person if engaged by the Client as an independent contractor.

In the event of (a) above, payment of the commission will be due within 14 days of the employment starting date. In the event of (b) above, payment will be due at the end of any month during which the independent contractor performed services for the Client.

Community IT & Business Solutions will seek remuneration and, in the event of non payment and in connection with this section, shall be entitled to seek all remedies under law.

Variations

This order is final and complete. This order cannot be altered, varied or modified without the written consent of Community IT & Business Solutions. All variations to the order will be charged for accordingly by Community IT & Business Solutions.

Cancellation

In the event that the Client terminates the agreement the Client shall be liable for any and all costs and expenses that are incurred by Community IT & Business Solutions, up to the date of receipt of notice of termination by the Client. This also includes costs which Community IT & Business Solutions is liable to pay after the date of receipt of the notice.

The Client hereby authorises Community IT & Business Solutions to deduct all expenses incurred by Community IT & Business Solutions up to the date of termination the Client acknowledges that Community IT & Business Solutions shall be compensated for the services performed through to the date of termination in the amount of

• any advance payment,
• a prorated portion of the fees due, or
• hourly fees for work performed by Community IT & Business Solutions, or its agents as of the date of termination, whichever is greater; and the Client shall pay all fees and expenses incurred through and up to the date of cancellation.

Notices

Any changes to the Clients details including name, address, telephone, email, or any changes in ownership structure of the Clients’ Business requires written notice to Community IT & Business Solutions within fourteen (14) business days of such changes being made.

Force Majeure

No party stated under this agreement shall be liable for any breach of any provision of this contract that may arise from an act of God, natural disaster, terrorism, war, or any other occurrence beyond the control of any stated party.

Jurisdiction

This agreement shall be governed by and interpreted in accordance with the laws of the Courts of South Australia. The Client submits to the jurisdiction of the Courts of South Australia.

General

If any Terms or Conditions contained in this document are found to be unenforceable for reasons of invalidity or illegality, the remaining provisions shall not be affected in any way whatsoever.

Complaints

If you are dissatisfied with Community IT & Business Solutions or any aspect of our service, in the first instance please contact coordinatorit@citbizs.com.au or call us on 0422 681 560.