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Computer Services Terms & Conditions These are the Standard Terms And Conditions of Supply of Computer Services by Hart & Co. Technologists, including in-home PC service and other services offered from time to time by Hart & Co. Technologists ("the Service"). These terms apply to you as a user of the Service ("Client" or "you"). Please read these terms and conditions carefully. It is a condition of your use of the Service that you comply with these terms and conditions. Terms And Amendment Procedure These are the terms upon which we agree to provide the Service to the Client. The agreement made between us with these terms commences on the date your order for Services was accepted by Hart & Co. Technologists. Please look out for any amendments to these Terms and Conditions that Hart & Co. Technologists ("we") might make in the future. The current version can always be found here [ LINK ]. We may vary these terms, the amount we charge for any Service, or the terms of the operation of the Service, at any time by general notice via email to all Clients. The changes will become effective upon publication of the email. Where we vary the prices for Services, we will give at least 14 days notice of the change by the same means, and the new prices will apply at the end of that period. If you use the Service after that publication, your use will constitute an acceptance of the amended terms. These terms constitute the agreement in its entirety and supersede prior agreements. We may from time to time run promotions and make special offers of limited time duration ("Promotions"). All Promotions are offered subject to their terms and may be withdrawn or altered at Hart & Co. Technologists's discretion. The terms of a promotion will override these terms to the extent of any inconsistency. Service In contracting with Hart & Co. Technologists for the Services, the Client obtains no rights to the hardware and other infrastructure and facilities used by Hart & Co. Technologists to deliver the Service. In the absence of any additional written agreement, these terms (as varied from time to time) will apply to any further Services you acquire from Hart & Co. Technologists. Payment You must pay cash in advance for the Service as notified to you by Hart & Co. Technologists in accordance with the prices in force for Services from time to time. Prices are inclusive of any government taxes or charges unless otherwise noted, and exclusive of any registration or delegation charges imposed by domain name authorities. In addition you must provide and/or pay for: transportation other than the primary transportation for the service call (i.e. trips to shops, repair centres, etc.) regular billable rates for all time taken in transit other than the primary transportation for the service call (i.e. trips to shops, repair centres, etc.) all government taxes, duties and levies (if any) imposed on either you or us in respect of the Services or any other service or goods supplied. Acceptable methods for payment at this time are cash, paypal or bank transfer of funds. Warranties And Liabilities We do not warrant that: the Services provided under this agreement will be uninterrupted or error free; the Services will meet your requirements, other than as expressly set out in this agreement or the Services will be free from external intruders (hackers) or other persons having unauthorised access to the services or systems of Hart & Co. Technologists. Except as expressly provided to the contrary in this agreement, all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this agreement, are excluded. Where any statute implies any term into this agreement, and that statute avoids or prohibits provisions in a contract excluding or modifying the application of or liability under such a term, then the term will be taken to be included in this agreement. However, our liability for any breach of the term will, if permitted by that statute, be limited, at our option, to the resupply of the services again; or payment of the cost of having the services supplied again. Except under clause 4.2, Hart & Co. Technologists will not be liable to the Client for: any loss or damage in respect of the provision of the Services, any costs, claims, loss or damage of any kind resulting from the fraudulent, negligent or otherwise unlawful behaviour of the Client, any costs, claims loss or damage arising from any information, data or other material provided to Hart & Co. Technologists by or on behalf of the Client. You warrant that at the time of entering into this agreement you are not relying on any representation made by us which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced; you will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by you onto or downloaded by you from the Server does not contain any computer virus and will not, in any way, corrupt the data or systems of any person; you will keep secure any passwords used to upload data to the Server and you hold and will continue to hold the copyright in the Client Data or that you are licensed and will continue to be licensed to use the Client Data. You accept responsibility for all information and material you issue over any Service, and indemnify us and hold us harmless against any liability in relation thereto. In particular you undertake that you shall not publish or issue any information that is illegal or defamatory. You also acknowledges that we do not vet or approve any information or material available through the Service and that we do not accept any liability. To the full extent permitted by law you access and use such information and material at your own risk. You agree to abide by our Acceptable Use Policy and you agree that its terms form part of this agreement between you and Hart & Co. Technologists. You are solely responsible for dealing with persons who access the Client Data, and must not refer complaints or inquiries in relation to such data to us. Except as provided in clause 4.2, we are not liable to you or any other person for: any cost, loss or liability (including loss of profit or other consequential damage) arising from our supply or failure or delay in supplying the Service; the content, context or confidentiality of any communications made using the Service; loss or damage caused by third party software applications forming part of the Service. You indemnify us against all costs, expenses, loss or liability that we may suffer (directly or indirectly) resulting from: your breach of these terms, your use or misuse of the Service and the use or misuse of the Service by any person using your account, publication of defamatory, offensive or otherwise unlawful material on any website forming part of your Service. Suspension And Termination Of Service We may from time to time without notice suspend the Service or disconnect or deny your access to the Service: during any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavours to procure the resumption of the Services as soon as reasonably practicable; or if the Customer fails to comply with any agreement (including failure to pay charges due) until the breach (if capable of remedy) is remedied, or does, or allows to be done, anything which in our opinion may have the affect of jeopardising the operation of the Service. Notwithstanding any suspension of any Service under this clause you shall remain liable for all charges due throughout the period of suspension. Hart & Co. Technologists may without notice to you remove, amend or alter your data upon being made aware of: any claim or allegation; or any court order, judgment, determination or other finding of a court or other competent body, that the data is illegal, defamatory, offensive or in breach of a third party's rights. We may end our agreement with you and cease providing Services for any reason, on 15 days notice to you. You may close your account with Hart & Co. Technologists on 15 days notice to Hart & Co. Technologists. Before closure of your account with Hart & Co. Technologists, you may access your Client Data for the purposes of reproduction or backup at any of the resources provided for in operational serivce agreements. Hart & Co. Technologists is not obligated to provide Client Data data in any format other than those normally accessible from the resources mentioned above. Upon closure of your account with Hart & Co. Technologists, all servcies will be terminated and all Client Data will be deleted from Hart & Co. Technologists systems. Hart & Co. Technologists is not obligated to restore from backup or otherwise provide Client Data after termination of service. If your account is closed you must pay all outstanding charges immediately. Domain Names If you have requested that Hart & Co. Technologists registers a .com, .net or .org domain name on your behalf, you agree that you have read and accept the TLD (Top Level Domains) Policy applicable to .com, .net or .org domain names issued by the registrar Melbourne IT Limited [ LINK ]. You agree that you are aware of the consents, warranties and indemnity you are required to give to register, maintain, transfer and renew your domain name. If you have requested that Hart & Co. Technologists register a .com.au domain name on your behalf, you agree that you have read and accept the Domain Name Allocation Policy applicable to .com.au domain names issued by the registrar Melbourne IT Limited [ LINK ]. You agree that in the event of a dispute in registering a domain name or about a domain name after registration, Melbourne IT's Dispute Policy and the Dispute Policy procedures, and any variations to them from time to time bind Hart & Co. Technologists. You agree that by maintaining the registration of a domain name after changes or modifications to the Dispute Policy become effective, constitutes your continued acceptance of these changes and modifications. You agree that in the event of a dispute you will submit to the jurisdiction of the courts as provided in the Dispute Policy. The Dispute Policy can be viewed at [ LINK ]. The Dispute Policy procedure can be viewed at [ LINK ]. You agree that you must pay for any registration or delegation charges imposed by Melbourne IT or any other domain name authorities in advance. You understand that you cannot register a domain name without paying for it in advance. Hart & Co. Technologists makes no representation and gives no warranty about your chosen domain name being available for registration or use by you. You agree that you have no lean or rights over IP address space and DNS namespace used by Hart & Co. Technologists. Any DNS space registered by Hart & Co. Technologists on your behalf, including each specific DOM and SLD (second level domain x.tld or x.autld.au) requires a contract for ownership to be granted to you. In the absence of a contract, you relinquish all claims and acknowledge Hart & Co. Technologists as the sole owner and manager of said namespace. You indemnify Hart & Co. Technologists against all claims arising out of your registration and use of your chosen domain name. Miscellaneous The Client grants to Hart & Co. Technologists a license to use and reproduce all Client Data in order to fulfil its obligations under this agreement. In this agreement "Client Data" means all information, data, text, logos, images, audio, movie clips and/or content in any form that forms part of the Client's web sites or emails. Hart & Co. Technologists retains full ownership and/or exercises all rights over software written or customised by Hart & Co. Technologists in fulfillment of obligations under this agreement. Hart & Co. Technologists grants to the Client temporary use of Hart & Co. Technologists software limited strictly to software necessary for fulfilment of this agreemnet and at the sole discression of Hart & Co. Technologists. A provision of, or a right created under this agreement, may not be waived except in writing signed by the party granting the waiver, or varied except in writing signed by the parties. The law in force in New South Wales governs this agreement and the transactions contemplated by this agreement. You may not resell Services or assign your rights and obligations under this agreement without our prior written consent. Last Update June 2003.