Terms & Conditions
1. Payment Terms
1.1. Credit customers
All credit orders are accepted by SITP subject to satisfactory credit approval of the Customer, which may be withdrawn at any time. Where credit approval has not been granted, or is withdrawn, payment in full for all Products supplied is required on delivery. Where credit has been granted, payment for the Products is to be made in accordance with the customer’s credit approval terms and the SITP General Credit Approval Terms. Payment must be made in full without setoff or deduction.
1.2. Cash on Delivery
Customers without credit approval must pay for Products upon delivery of the Products. Hardware is considered delivered upon physical delivery of the hardware to the client. Software is considered delivered upon the physical delivery of software media to the client, or the transfer of software files or installation files to the client’s computer equipment.
1.3. Partial fulfilment of order
SITP reserve the right to require payment for Products delivered even if those Products formed only part of an order on which other Products remain undelivered.
1.4. Delivery Charges
SITP reserve the right to charge for delivery of the Products at any time, notwithstanding that it may not have previously done so.
1.5. Deposits and payment in advance
SITP may at its discretion require that a partial deposit or full price be paid prior to delivery of Products.
1.6. Early Termination Fee
- You will be liable for an Early Termination Fee where you elect to cancel your service or your service is terminated by SITP prior to the minimum contract period specified in the SLA (Service Level Agreement) or proposal.
- The Early Termination Fee is calculated using the following formula:
Early Termination Fee = (contract Term – completed contract months) x monthly value.
- You acknowledge that the Early Termination Fee represents a genuine pre-estimate of the loss SITP will suffer and is not a penalty.
No order shall be binding on SITP until accepted by SITP. An individual contract for the supply of Products (defined as Equipment/Hardware/Software/Subscriptions), on these terms and conditions, is formed on acceptance by SITP of an order from the Customer. SITP reserves the right to accept any order in whole or in part. No order may be cancelled or varied after acceptance by SITP unless the cancellation or variation is agreed upon by SITP.
3. Third Party products
SITP offers no warranty in relation to third party products. Those being products manufactured or supplied by parties other than SITP. All products supplied by SITP are covered by the manufactures warranty where applicable. SITP offers no additional warranties in relation to these products.
4. System updates
The client agrees to indemnify SITP against damages due to errors or failures and subsequent damages that arise form updates supplied by system manufacturers and applied to systems by SITP.
Where a customer requests specific Products and SITP supplies those Products directly, retails those Products, or arranges for the Products to be provided by a third party, this does not constitute a recommendation by SITP to use the Products, nor does it constitute SITP’s endorsement of the Products or the Products suitability.
6. Authorisation to work on systems
By engaging SITP in any capacity to work on the client systems, the client authorizes SITP to update, install, uninstall, make modification to, make configuration changes to and otherwise alter software installed on the client systems, and, add or remove or otherwise make modifications to hardware in the system, in so far as such alterations are reasonable and justifiable in order to diagnose, repair, or otherwise achieve the desired outcome on the client systems. The client also understands and accepts that client systems may become unavailable to the client during the period in which work on client systems is in progress. SITP will endeavour to minimise disruption to and availability of systems while work is on progress in so far as it does not interfere with the work to be done
7. General conditions
SITP reserves the right to change these Terms and Conditions at any time. SITP reserves the right to recover from the Customer all goods and services tax (GST) payable in respect of the supply of goods and services to the Customer.
These terms and conditions are governed by and will be construed in accordance with the laws of Victoria, Australia and the parties agree to submit to the jurisdiction of the courts of that state.
The failure by SITP to exercise, or any delay in exercising, any right, power or privilege available to it under these terms and conditions will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right or power.