» Terms and Conditions

We provide our services to you subject to the following notices, terms and conditions. In addition, when you use any service from "Advanced Computer Solutions Ltd" you will be subject to the rules, guidelines, policies, terms and conditions applicable to such service.

The terms of trade set out below govern all of the supplies of Products from Advanced Computer Solutions Ltd ("Advanced Computer Solutions Ltd", "ACS Data", "ACS", "we", "us") to the customer ("you"). They will replace any terms and conditions contained in any document used by you and purporting to have contractual effect, and your acceptance of any Products from Advanced Computer Solutions Ltd indicates your acceptance of these terms of trade.

Core Terms of Trade

  1. 1. General
  2. 1.1 In these conditions, "Software" includes all relevant documentation, manuals, printed and written matter; "Supplier" means Advanced Computer Solutions Ltd's suppliers; "Products" means computer hardware, peripherals, accessories, Software and other goods or services of any kind which are supplied by Advanced Computer Solutions Ltd to you primarily for resupply by you; "Website" means any Internet website owned and operated by Advanced Computer Solutions Ltd.
  3. 1.2 Where you purchase any Products presented on http://www.acsdata.co.nz ("Website") or otherwise use the Website, the Website trading terms shall apply. In the event of any conflict between these terms of trade and the Website trading terms, these terms of trade shall prevail. Where you acquire goods or services supplied by other parties through the Website or through links on the Website, you do so on the condition that Advanced Computer Solutions Ltd is not liable to you in any way for those goods or services. For our website Terms and Conditions of Trade, please refer to http://www.acsdata.co.nz/terms-and-conditions.shtml
  4. 2. Price and Orders
  5. 2.1 Prices may be altered without notice.
  6. 2.2 Advanced Computer Solutions Ltd reserves the right to refuse to accept any order or any part of an order, and to deliver goods by installments, in which case each installment will comprise a separate contract and shall be paid for as if it were a separate order.
  7. 3. Risk and Delivery
  8. 3.1 You are responsible for insurance and risk in the Products from the time they are received by a carrier for delivery to you or collected by you or your agent.
  9. You agree to pay all delivery costs.
  10. 3.2 All claims for shortage or damage during delivery must be made to the carrier within 7 days of the date of delivery. Where goods appear to be damaged or missing you must contact the carrier and us immediately.
  11. 3.3 Advanced Computer Solutions Ltd will make every effort to ensure delivery of Products, or performance of services, is on time, but will not be liable to you for any loss or damage arising in any way from any delay in delivery or performance. Delay in delivery or performance shall not entitle you to cancel any order.
  12. 3.4 Where you ask us to deliver goods directly to another person, that person takes possession of the goods for you as your agent, but you are still directly responsible to us under these terms of trade.
  13. 4. Payment
  14. 4.1 Unless we have agreed to extend credit to you, you must pay in cash or by credit card before supply.
  15. 4.2 Where we have agreed in writing to extend credit to you, you must pay in full within 7 days of supply, or (only if we have agreed in writing) by the 20th of the month following the date printed on the invoice. Your payment is made only when funds have fully cleared through the banking system into our bank account.
  16. 4.3 We have sole discretion to determine the amount of credit we will extend to you at any time.
  17. 4.4 You agree to pay for the Products in full without deduction or setoff and to pay goods and services tax and any other government duties, levies or taxes in respect of the Products.
  18. 4.5 If payment is not made in full by the due date, we are entitled to charge you interest on the unpaid overdue balance at the rate of 5% per annum above the current overdraft rate charged by our bankers, compounding monthly on the unpaid balance owing on the first day of each month until payment in full is received by us, and we may charge you costs (including collection costs and legal costs on a solicitor-client basis) and suspend delivery of further Products or performance of further services until the account is paid.
  19. 4.6 Notwithstanding clauses 4.2 and 4.3 above, all payments shall immediately become due to us if you refuse to accept delivery of any Products, if we reasonably believe that the information which you have given us in your application for credit is incorrect or no longer correct and you have failed to give us correct information satisfactory to us within 5 days of our request, if you sell or otherwise dispose of any goods which have not been paid for without our consent, if you become insolvent, commit any act of bankruptcy, if a receiver, liquidator or statutory manager is appointed over any of your assets or undertaking, if you make or attempt to make an arrangement or composition with creditors, or if you fail to comply with any of the provisions of clause 6.
  20. 5. Retention of Title and Risk
  21. 5.1 With the exception of Software which is subject to license (where it is not intended that title should ever pass to you, but shall remain in Advanced Computer Solutions Ltd as principal or as agent for the software licensor), property and ownership in Products, whether in their original form or incorporated in or attached to another product will not pass to you but will remain with us until we receive payment in full of the purchase price of the Products and all other amounts that you owe to us for any reason.
  22. 5.2 Until property passes to you, you shall hold any Products in trust as fiduciary bailee for us and/or the software licensor, and store them in a manner to enable them to be identified and cross referenced to particular invoices.
  23. 5.3 Where Advanced Computer Solutions Ltd reasonably believes you are or will be in breach of any part of clauses 4, 5 or 6 of these terms of trade, Advanced Computer Solutions Ltd or its agent may without notice enter any premises under your control to remove any Products which are the property of Advanced Computer Solutions Ltd, whether or not those Products are installed in or attached to any other goods, using such force as is necessary, and without prejudice to any other of Advanced Computer Solutions Ltd's rights. You indemnify Advanced Computer Solutions Ltd against all costs and claims in respect of its exercise of rights under this clause 5.
  24. 6. Security Interests
  25. 6.1 You agree that you will do all acts necessary and provide us on request all information we require to register a financing statement over the Products or their proceeds, and that you will advise us immediately in writing of any changes to that information. You waive all rights to receive a copy of any verification statement of a financing statement.
  26. 6.2 You agree that you will supply us, within 2 business days of our written request, with copies of all security interests registered over your personal property, and you authorise us as your agent to request information from any secured party relating to any security interest which is held in any personal property which is or has been in your possession or control.
  27. 6.3 You agree that we may require you to pay all reasonable costs, including legal costs on a solicitor- client basis, associated with the discharge or amendment of any financing statement registered by us, whether or not the change was initiated by you.
  28. 6.4 If we repossess goods under this agreement, we may retain those goods or dispose of them without notice or statement of account to you or any other person, and, after deducting reasonable costs of sale, we may credit any surplus by way of set-off against any sums owing to us. We will not be obliged to resupply any repossessed inventory.
  29. 6.5 You authorise us to search the Personal Property Securities Register at any time for any information about you or (if you are a company) your parent or associated companies.
  30. 7. Returns
  31. You acknowledge and agree that returns shall only be accepted by us in accordance with our returns policy as notified to you from time to time, and that you may receive a credit for goods returned only if we have consented in writing.
  32. 8. Warranties
  33. 8.1 Goods are subject to the manufacturers' warranties only. We will pass on the benefit of those warranties to you, without being directly liable to you under any warranty.
  34. 8.2 Where goods are subject to a return to base warranty, you are responsible for returning them to us or the manufacturer (as provided by the warranty) and you may be responsible for additional costs including (but not limited to) freight.
  35. 8.3 Any warranty may be voided by damage to or misuse of the system, problems caused by the use or misuse of software, negligent installation or operation, inadequate packaging, cleaning or maintenance, unauthorised repairs, modifications or the addition of incompatible hardware.
  36. 9. Obligations to Suppliers
  37. We may impose certain conditions on you from time to time where our suppliers require us to do so.
  38. 10. Compliance with Applicable New Zealand Laws
  39. You warrant that all technology, technical information and technical data received directly or indirectly by you from Advanced Computer Solutions Ltd under these terms of trade is intended solely for the use of you and your customers. All "Strategic Goods" (as defined in the New Zealand Ministry of Foreign Affairs and Trade Strategic Goods List) of such technology, technical information and technical data are intended solely for the use of you and your customers within such countries as are not forbidden or restricted now or hereafter by New Zealand law; and those Strategic Goods shall not be exported except in strict compliance with all New Zealand Ministry of Foreign Affairs and Trade export controls and all other applicable New Zealand laws, as now or hereafter exist. Advanced Computer Solutions Ltd expressly reserves the right to refuse any order which, in Advanced Computer Solutions Ltd's sole judgement is or may be a violation of such laws on the part of you or your customers.
  40. 11. Limitation of Liability
  41. 11.1 If you do not use the products for business purposes you have rights under the Consumer Guarantees Act and this section does not limit those rights, however if you use the products for business purposes then you agree that that Act does not apply to the products we provide you.
  42. 11.2 Advanced Computer Solutions Ltd's maximum liability to you shall be limited to the value of any Products or services supplied, and Advanced Computer Solutions Ltd and its employees, contractors and agents, any manufacturers of the Products or any of their materials or components and any licensors of Software or suppliers of services, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises. This exclusion of liability includes, but is not limited to, costs (including costs of returning Products to Advanced Computer Solutions Ltd or to any manufacturer or licensor), consequential loss, loss of profits and damage caused by or arising from delays in manufacturing or delivery, faulty or delayed installation, unreasonable use, negligence (including a failure to do something which should have been done or to prevent something from happening), faulty specifications and design, and faulty materials, components, manufacture, compilation, or assembly of the Products.
  43. 11.3 We will not be liable to you for any losses caused by events beyond our reasonable control. We will not be required to settle a strike or lockout or other industrial disturbance against our wishes in order to benefit from this clause.
  44. 12. Your Further Obligations
  45. You indemnify us against all costs (including legal costs on a solicitor and own client basis) expenses, losses, damages or claims arising in any way as a result of your failure to comply with any part of these terms of trade.
  46. 13. Intellectual Property and Confidentiality
  47. 13.1 All intellectual property shall remain the property of Advanced Computer Solutions Ltd or any Supplier entitled to it, and neither Advanced Computer Solutions Ltd nor its Suppliers transfer any right, title or interest in the intellectual property to you.
  48. 13.2 You must not use any trade marks which are the property of Advanced Computer Solutions Ltd or its Suppliers, or any similar words or marks, or any combination of words which includes any of those trade marks or any similar words or marks, except to the extent authorised by Advanced Computer Solutions Ltd in writing.
  49. 13.3 You agree to dispatch the Products only under the trade marks under which they are supplied by Advanced Computer Solutions Ltd, and under no circumstances shall you apply any of the trade marks to any product which is not a genuine branded product supplied to you by Advanced Computer Solutions Ltd.
  50. 13.4 You will not cause or permit anything which may interfere with, damage or endanger the trade marks or other intellectual property rights of Advanced Computer Solutions Ltd or its Suppliers, or assist or allow others to do so.
  51. 13.5 You must advise Advanced Computer Solutions Ltd immediately when you become aware of any unauthorised use or attempted use by any person of the trade marks or other intellectual property rights of Advanced Computer Solutions Ltd or its Suppliers.
  52. 13.6 You may not register a business name incorporating the words "Advanced Computer Solutions Ltd".
  53. 13.7 If your account with Advanced Computer Solutions Ltd is terminated, you must immediately discontinue use of any of the trade marks which are the property of Advanced Computer Solutions Ltd in any sign, or advertising and thereafter you shall not use those trade marks directly or indirectly in connection with your business.
  54. 13.8 You agree to ensure that all Confidential Information given by Advanced Computer Solutions Ltd to you is made available to your employees only on the basis that those employees at all times maintain strict confidentiality.
  55. 13.9 This clause 13 shall survive the termination of the Agreement.
  56. 14. General
  57. 14.1 Advanced Computer Solutions Ltd reserves the right to change these terms of trade from time to time.
  58. 14.2 If Advanced Computer Solutions Ltd fails to enforce any terms or to exercise its rights under these terms of trade at any time, Advanced Computer Solutions Ltd has not waived those rights.
  59. 14.3 If any provision of these terms of trade is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms of trade.
  60. 14.4 This agreement is governed by the laws of New Zealand and any dispute under it shall be subject to the exclusive jurisdiction of the Courts of New Zealand.

Internet Services

  1. 1. Provision of Service
  2. 1.1 We endeavor to provide uninterrupted access to the Service however as we rely on third party networks for transport we cannot guarantee that you will be able to access the Service.
  3. 1.2 In the event of an interruption in the Services that is caused by a fault in our equipment, we will take all reasonable measures to restore the Services as soon as possible. We are not responsible for fixing faults that occur because of faults in your equipment or because you have used the Services incorrectly or because of any other event beyond our reasonable control, including, but not limited to, problems with the internet.
  4. 2. Restrictions on Use
  5. You must not to use our service in any way to:
  6. 2.1 Infringe on the legal rights of a person (such as copyrights).
  7. 2.2 Send unsolicited commercial advertising by, but not limited to, email, usenet, instant messaging or internet relay chat.
  8. 2.3 Cause damage to or attempt to gain unauthorized access to any computer systems.
  9. 2.4 Harass or defame a person.
  10. 2.5 Collect and or distribute any material for which is unlawful to possess in New Zealand.
  11. You must ensure that:
  12. 2.6 That anyone else who uses the Services complies with, these terms and conditions for Advanced Computer Solutions Ltd customers and such system operating procedures, instructions and acceptable use requirements as we may notify you of from time to time.
  13. 2.7 Your use of the Services does not interfere with or disrupt the Advanced Computer Solutions Ltd network.
  14. 3. Limitation of Liability
  15. 3.1 If you do not use our service for business purposes you have rights under the Consumer Guarantees Act and this section does not limit those rights, however if you use our services for business purposes then you agree that that Act does not apply to the services we provide you.
  16. 3.2 Advanced Computer Solutions Ltd disclaims all conditions and warranties (statutory, express or implied), including, without limitation the implied warranties as to the title, fitness for a particular purpose, merchantability, accuracy or standard of quality of our service or that our service will be uninterrupted, error free, reliable and secure.
  17. 3.3 Notwithstanding any other provision contained in this Agreement, you agree to indemnify us, and keep us indemnified, against all loss, damage or expense resulting from any claim made against us by any third party as a direct result of your use of our services.
  18. 3.4 To the extent that the law allows us to do so, we exclude all other liability to you in connection with our provision of services to you.
  19. 4. Cancellation of Service
  20. 4.1 We can cancel this Agreement immediately if you do not meet your obligations under this agreement or if you are abusive to our staff. We may also suspend or restrict your ability to use our services without cancelling this Agreement if our reasonable assessment determines you have not met your obligations under this Agreement.
  21. 4.2 Otherwise we will cancel this Agreement by giving you 60 days notice in writing to either the email or postal address you have supplied us.
  22. 4.3 After the expiry of any specified minimum term of contract, or where there is no minimum term of contract, you may cancel this Agreement by giving 60 days notice to us via fax, post or by sending an email message to accounts@acsdata.co.nz The effective date of cancellation will be the last day in the then current month.
  23. 4.4 On termination of this Agreement none of your obligations or our rights prior to termination shall be affected. Any of these terms that are intended to apply after termination will continue to apply.
  24. 5. Payment
  25. 5.1 You agree to pay for the Services we provide for you.
  26. 5.2 Our prices are stated in New Zealand dollars and are advertised excluding GST unless otherwise stated.
  27. 5.3 Payment is due within 7 days of the date printed on the invoice.

Domain Registration

  1. 1. Obligations of the Registrar
  2. We agree that we will:
  3. 1.1 Comply with all .nz policies and accurately represent these to you.
  4. 1.2 Disclose accurately and completely all our terms and conditions associated with your use of our services to register and maintain a domain name sought to be used by you, including price and billing information.
  5. 1.3 Comply with your lawful directions in a diligent and timely manner regarding your .nz domain name, (for example, registration, cancellation, amendment, deletion, and associated technical support and billing).
  6. 1.4 Process any new .nz domain name registrations with the registry within 48 from the time we receive all the information required to complete a registration if it is within our advertised business hours of 9am to 5:30pm Monday to Friday, and otherwise within 72 hours.
  7. 1.5 Notify you of the registration of your domain name(s), including the details of: the domain name, your contact details, our contact details, the registration period, the unique authentication ID for your domain name and your obligations as a registrant.
  8. 1.6 Arrange for correction of any error in the information in the register about any domain name registered to you when requested.
  9. 1.7 Provide to you, or to someone we reasonably believe to be acting on your behalf, the unique authentication ID for your domain name when requested and for no charge.
  10. 1.8 Use your personal information only as authorised by you.
  11. 1.9 Take all reasonable steps to safeguard and protect all information about you stored in our databases and system(s).
  12. 1.10 Comply with any order of any authority having jurisdiction regarding any domain name registered to you.
  13. 1.11 Use our best endeavours to deal with any complaints you may have about the services we provide for you.
  14. 2. Obligations of the Registrant
  15. When a domain name in the .nz domain name space is registered to you, or in your name as directed by you, then you agree:
  16. 2.1 comply with the .nz policies. You agree that you have read and understood the current policies.
  17. 2.2 make sure all information you give us is accurate and complete, keep us informed of changes to any information you give us, and that you have the authority to enter into this agreement.
  18. 2.3 keep the unique authentication ID for your domain name and any other security information that we give to you confidential, safe and secure.
  19. 2.4 satisfy yourself that your use of a domain name will not infringe any intellectual property rights and protect us, and everybody we are in any business relationship with to provide services to you, from any such claim.
  20. 2.5 Ensure that you only use our services for a lawful purpose.
  21. 2.6 Ensure that the use of any domain name registered to you does not interfere with other users of the Internet.
  22. 2.7 Ensure that any order of any authority having jurisdiction regarding any domain name registered to you is complied with.
  23. 2.8 Protect us, and everybody we have a business relationship with, against any legal action taken against us because of the receipt or use of our services by you or someone you are responsible for, including reliance by us or anybody we have a business relationship with, on information supplied by you.
  24. Duties of Other Persons
  25. 2.9 You agree to make sure everyone you are responsible for or who uses a domain name registered to you also meets the above duties.
  26. 3. Registration of a Domain Name
  27. When a domain name in the .nz domain name space is registered to you, or in your name as directed by you, then you agree:
  28. 3.1 That the following information becomes available to any member of the public:
  29. 3.1.a The domain name, its commencement and expiry dates.
  30. 3.1.b Your name and contact details.
  31. 3.1.c The name servers (if any).
  32. 3.1.d Our name as the current registrar.
  33. 3.2 The domain name is registered in your name only because no other person has it according to the records of the register.
  34. 3.3 Neither we nor anybody else is representing anything else to anybody regarding that domain name. The entry of a domain name in the "who is" database shall not be taken as evidence of anything other than such registration.
  35. 3.4 That you protect us and everybody we have a business relationship with to provide services to you, from any claim arising out of the domain name being registered in your name or as you direct.
  36. 4. Registry is the Record
  37. For all purposes the details shown in the registry shall be treated as correct and the authoritative record.
  38. 5. Payment of Fees
  39. 5.1 You agree to pay for the services we provide for you.
  40. 5.2 If you transfer a domain name registered to you to another registrant or to be managed by another registrar, all charges owing to us shall become immediately due and payable on the date of that transfer.
  41. 5.3 We may alter our fees from time to time. When we alter them we will send you notice of the alteration 30 days before the new fee takes effect.
  42. 5.4 Our usual fees are for processing your application, and yearly renewal fees. We will tell you before any additional charge is incurred.
  43. 5.5 Our prices are stated in New Zealand dollars and are advertised excluding GST.
  44. 5.6 Payment is due within 7 days of the date printed on the invoice.
  45. 6. Suspension and Refusal to Supply Services
  46. If you do not pay our charges for a domain name registered to you we may:
  47. 6.1 Cancel registration of that domain name.
  48. 6.2 Refuse to provide a service you request.
  49. 7. Cancellation of a Domain Name
  50. If we are going to cancel the registration of a domain name registered to you as a result of you not paying our charges relating to that registration, we will give you fourteen days notice before we initiate action to cancel that domain name.
  51. 8. Exclusion of Liability
  52. We exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of:
  53. 8.1 InternetNZ, the registry and any other entity we are in any business relationship with.
  54. 8.2 every officer, employee, contractor, agent of us or any entity in clause 8.1.
  55. 8.3 anyone else we get to perform our duties under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not prevent you getting a court order requiring us to do anything we have agreed to do for you and does not limit any rights you may have under the Consumer Guarantees Act 1993.
  56. 9. Limitation of our Liability
  57. We have excluded all other liability we or any of the persons specified in clause 8 may have to you. If any of those persons is ever liable to you and, for any reason, cannot rely on the exclusion of liability set out in clause 8 then this clause applies. Where this clause applies, the maximum combined amount the persons specified above (together) will have to pay you and anyone else who uses the services we provide for you (together) is the amount of the last month's fee paid by you under this agreement.
  58. 10. Law and Jurisdiction Applying to this Agreement
  59. Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any of the services are provided or where you reside. This will be the case until this agreement is cancelled except to the extent clause 14 says otherwise. To the extent legally permitted:
  60. 10.1 All our services are provided under New Zealand law.
  61. 10.2 Any claim or dispute arising out of or in connection with this agreement must be instituted within 60 days from the date the relevant service was supplied to you.
  62. 10.3 Except as otherwise stated, you may take action against us only in a New Zealand court.
  63. 10.4 Where you or any registrant for whom you act supplies incorrect information regarding a domain name and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you.
  64. 11. Cancelling the Agreement
  65. 11.1 We may cancel or suspend this agreement by giving you one months notice if you do not meet your duties to us.
  66. 11.2 We may end the agreement for any other reason by giving you one month's notice.
  67. 12. More Than One Person
  68. You are responsible for everybody who you permit to act for you as a registrant. We will take reasonable care to satisfy ourself that you have permitted those persons to act for you.
  69. 13. Each Clause Separately Binding
  70. Each clause of the agreement you have with us is separately binding. If for any reason we, you, or any of the persons specified in clause 8 cannot rely on any clause, all other clauses of it are binding.
  71. 14. Rights and Responsibilities that Continue
  72. The cancelling of any agreement you have with us does not affect any rights and responsibilities, which are intended to continue or come into force afterwards. These include the rights and duties under clauses 2, 4 - 10, 12 - 13, and this clause 14.
We provide our services to you subject to the following notices, terms and conditions. In addition, when you use any service from "ACS Data Pty Ltd" you will be subject to the rules, guidelines, policies, terms and conditions applicable to such service.

The terms of trade set out below govern all of the supplies of Products from ACS Data Pty Ltd ("ACS Data Pty Ltd", "ACS Data", "ACS", "we", "us") to the customer ("you"). They will replace any terms and conditions contained in any document used by you and purporting to have contractual effect, and your acceptance of any Products from ACS Data Pty Ltd indicates your acceptance of these terms of trade.

Core Terms of Trade

  1. 1. General
  2. 1.1 In these conditions, "Software" includes all relevant documentation, manuals, printed and written matter; "Supplier" means ACS Data Pty Ltd's suppliers; "Products" means computer hardware, peripherals, accessories, Software and other goods or services of any kind which are supplied by ACS Data Pty Ltd to you primarily for resupply by you; "Website" means any Internet website owned and operated by ACS Data Pty Ltd.
  3. 1.2 Where you purchase any Products presented on http://www.acsdata.com.au ("Website") or otherwise use the Website, the Website trading terms shall apply. In the event of any conflict between these terms of trade and the Website trading terms, these terms of trade shall prevail. Where you acquire goods or services supplied by other parties through the Website or through links on the Website, you do so on the condition that ACS Data Pty Ltd is not liable to you in any way for those goods or services. For our website Terms and Conditions of Trade, please refer to http://www.acsdata.com.au/terms-and-conditions.shtml
  4. 2. Price and Orders
  5. 2.1 Prices may be altered without notice subject to exchange rate fluctuations.
  6. 2.2 ACS Data Pty Ltd reserves the right to refuse to accept any order or any part of an order, and to deliver goods by installments, in which case each installment will comprise a separate contract and shall be paid for as if it were a separate order.
  7. 3. Risk and Delivery
  8. 3.1 You are responsible for insurance and risk in the Products from the time they are received by a carrier for delivery to you or collected by you or your agent.
  9. You agree to pay all delivery costs.
  10. 3.2 All claims for shortage or damage during delivery must be made to the carrier within 7 days of the date of delivery. Where goods appear to be damaged or missing you must contact the carrier and us immediately.
  11. 3.3 ACS Data Pty Ltd will make every effort to ensure delivery of Products, or performance of services, is on time, but will not be liable to you for any loss or damage arising in any way from any delay in delivery or performance. Delay in delivery or performance shall not entitle you to cancel any order.
  12. 3.4 Where you ask us to deliver goods directly to another person, that person takes possession of the goods for you as your agent, but you are still directly responsible to us under these terms of trade.
  13. 4. Payment
  14. 4.1 Unless we have agreed to extend credit to you, you must pay in cash or by credit card before supply.
  15. 4.2 Where we have agreed in writing to extend credit to you, you must pay in full within 7 days of supply, or (only if we have agreed in writing) by the 20th of the month following the date printed on the invoice. Your payment is made only when funds have fully cleared through the banking system into our bank account.
  16. 4.3 We have sole discretion to determine the amount of credit we will extend to you at any time.
  17. 4.4 You agree to pay for the Products in full without deduction or setoff and to pay goods and services tax and any other government duties, levies or taxes in respect of the Products.
  18. 4.5 If payment is not made in full by the due date, we are entitled to charge you interest on the unpaid overdue balance at the rate of 5% per annum above the current overdraft rate charged by our bankers, compounding monthly on the unpaid balance owing on the first day of each month until payment in full is received by us, and we may charge you costs (including collection costs and legal costs on a solicitor-client basis) and suspend delivery of further Products or performance of further services until the account is paid.
  19. 4.6 Notwithstanding clauses 4.2 and 4.3 above, all payments shall immediately become due to us if you refuse to accept delivery of any Products, if we reasonably believe that the information which you have given us in your application for credit is incorrect or no longer correct and you have failed to give us correct information satisfactory to us within 5 days of our request, if you sell or otherwise dispose of any goods which have not been paid for without our consent, if you become insolvent, commit any act of bankruptcy, if a receiver, liquidator or statutory manager is appointed over any of your assets or undertaking, if you make or attempt to make an arrangement or composition with creditors, or if you fail to comply with any of the provisions of clause 6.
  20. 5. Retention of Title and Risk
  21. 5.1 With the exception of Software which is subject to license (where it is not intended that title should ever pass to you, but shall remain in Advanced Computer Solutions Ltd as principal or as agent for the software licensor), property and ownership in Products, whether in their original form or incorporated in or attached to another product will not pass to you but will remain with us until we receive payment in full of the purchase price of the Products and all other amounts that you owe to us for any reason.
  22. 5.2 Until property passes to you, you shall hold any Products in trust as fiduciary bailee for us and/or the software licensor, and store them in a manner to enable them to be identified and cross referenced to particular invoices.
  23. 5.3 Where ACS Data Pty Ltd reasonably believes you are or will be in breach of any part of clauses 4, 5 or 6 of these terms of trade, Advanced Computer Solutions Ltd or its agent may without notice enter any premises under your control to remove any Products which are the property of ACS Data Pty Ltd, whether or not those Products are installed in or attached to any other goods, using such force as is necessary, and without prejudice to any other of Advanced Computer Solutions Ltd's rights. You indemnify ACS Data Pty Ltd against all costs and claims in respect of its exercise of rights under this clause 5.
  24. 6. Security Interests
  25. 6.1 You agree that you will do all acts necessary and provide us on request all information we require to register a financing statement over the Products or their proceeds, and that you will advise us immediately in writing of any changes to that information. You waive all rights to receive a copy of any verification statement of a financing statement.
  26. 6.2 You agree that you will supply us, within 2 business days of our written request, with copies of all security interests registered over your personal property, and you authorise us as your agent to request information from any secured party relating to any security interest which is held in any personal property which is or has been in your possession or control.
  27. 6.3 You agree that we may require you to pay all reasonable costs, including legal costs on a solicitor- client basis, associated with the discharge or amendment of any financing statement registered by us, whether or not the change was initiated by you.
  28. 6.4 If we repossess goods under this agreement, we may retain those goods or dispose of them without notice or statement of account to you or any other person, and, after deducting reasonable costs of sale, we may credit any surplus by way of set-off against any sums owing to us. We will not be obliged to resupply any repossessed inventory.
  29. 6.5 You authorise us to search the Personal Property Securities Register at any time for any information about you or (if you are a company) your parent or associated companies.
  30. 7. Returns
  31. You acknowledge and agree that returns shall only be accepted by us in accordance with our returns policy as notified to you from time to time, and that you may receive a credit for goods returned only if we have consented in writing.
  32. 8. Warranties
  33. 8.1 Goods are subject to the manufacturers' warranties only. We will pass on the benefit of those warranties to you, without being directly liable to you under any warranty.
  34. 8.2 Where goods are subject to a return to base warranty, you are responsible for returning them to us or the manufacturer (as provided by the warranty) and you may be responsible for additional costs including (but not limited to) freight.
  35. 8.3 Any warranty may be voided by damage to or misuse of the system, problems caused by the use or misuse of software, negligent installation or operation, inadequate packaging, cleaning or maintenance, unauthorised repairs, modifications or the addition of incompatible hardware.
  36. 9. Obligations to Suppliers
  37. We may impose certain conditions on you from time to time where our suppliers require us to do so.
  38. 10. Compliance with Applicable Australian Laws
  39. You warrant that all technology, technical information and technical data received directly or indirectly by you from ACS Data Pty Ltd under these terms of trade is intended solely for the use of you and your customers. All "Defence and Strategic Goods" (as defined in the Australian Defence Trade Controls Act Defence and Strategic Goods List) of such technology, technical information and technical data are intended solely for the use of you and your customers within such countries as are not forbidden or restricted now or hereafter by Australian law; and those Defence and Strategic Goods shall not be exported except in strict compliance with all Australia Defence Export Control Office export controls and all other applicable Australian laws, as now or hereafter exist. ACS Data Pty Ltd expressly reserves the right to refuse any order which, in ACS Data Pty Ltd's sole judgement is or may be a violation of such laws on the part of you or your customers.
  40. 11. Limitation of Liability
  41. 11.1 ACS Data Pty Ltd's maximum liability to you shall be limited to the value of any Products or services supplied, and Advanced Computer Solutions Ltd and its employees, contractors and agents, any manufacturers of the Products or any of their materials or components and any licensors of Software or suppliers of services, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises. This exclusion of liability includes, but is not limited to, costs (including costs of returning Products to ACS Data Pty Ltd or to any manufacturer or licensor), consequential loss, loss of profits and damage caused by or arising from delays in manufacturing or delivery, faulty or delayed installation, unreasonable use, negligence (including a failure to do something which should have been done or to prevent something from happening), faulty specifications and design, and faulty materials, components, manufacture, compilation, or assembly of the Products.
  42. 11.2 We will not be liable to you for any losses caused by events beyond our reasonable control. We will not be required to settle a strike or lockout or other industrial disturbance against our wishes in order to benefit from this clause.
  43. 12. Your Further Obligations
  44. You indemnify us against all costs (including legal costs on a solicitor and own client basis) expenses, losses, damages or claims arising in any way as a result of your failure to comply with any part of these terms of trade.
  45. 13. Intellectual Property and Confidentiality
  46. 13.1 All intellectual property shall remain the property of ACS Data Pty Ltd or any Supplier entitled to it, and neither Advanced Computer Solutions Ltd nor its Suppliers transfer any right, title or interest in the intellectual property to you.
  47. 13.2 You must not use any trade marks which are the property of ACS Data Pty Ltd or its Suppliers, or any similar words or marks, or any combination of words which includes any of those trade marks or any similar words or marks, except to the extent authorised by ACS Data Pty Ltd in writing.
  48. 13.3 You agree to dispatch the Products only under the trade marks under which they are supplied by ACS Data Pty Ltd, and under no circumstances shall you apply any of the trade marks to any product which is not a genuine branded product supplied to you by ACS Data Pty Ltd.
  49. 13.4 You will not cause or permit anything which may interfere with, damage or endanger the trade marks or other intellectual property rights of Advanced Computer Solutions Ltd or its Suppliers, or assist or allow others to do so.
  50. 13.5 You must advise ACS Data Pty Ltd immediately when you become aware of any unauthorised use or attempted use by any person of the trade marks or other intellectual property rights of ACS Data Pty Ltd or its Suppliers.
  51. 13.6 You may not register a business name incorporating the words "ACS Data Pty Ltd".
  52. 13.7 If your account with ACS Data Pty Ltd is terminated, you must immediately discontinue use of any of the trade marks which are the property of ACS Data Pty Ltd in any sign, or advertising and thereafter you shall not use those trade marks directly or indirectly in connection with your business.
  53. 13.8 You agree to ensure that all Confidential Information given by ACS Data Pty Ltd to you is made available to your employees only on the basis that those employees at all times maintain strict confidentiality.
  54. 13.9 This clause 13 shall survive the termination of the Agreement.
  55. 14. General
  56. 14.1 ACS Data Pty Ltd reserves the right to change these terms of trade from time to time.
  57. 14.2 If ACS Data Pty Ltd fails to enforce any terms or to exercise its rights under these terms of trade at any time, ACS Data Pty Ltd has not waived those rights.
  58. 14.3 If any provision of these terms of trade is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms of trade.
  59. 14.4 This agreement is governed by the laws of Australia and any dispute under it shall be subject to the exclusive jurisdiction of the Courts of Australia.

Internet Services

  1. 1. Provision of Service
  2. 1.1 We endeavor to provide uninterrupted access to the Service however as we rely on third party networks for transport we cannot guarantee that you will be able to access the Service.
  3. 1.2 In the event of an interruption in the Services that is caused by a fault in our equipment, we will take all reasonable measures to restore the Services as soon as possible. We are not responsible for fixing faults that occur because of faults in your equipment or because you have used the Services incorrectly or because of any other event beyond our reasonable control, including, but not limited to, problems with the internet.
  4. 2. Restrictions on Use
  5. You must not to use our service in any way to:
  6. 2.1 Infringe on the legal rights of a person (such as copyrights).
  7. 2.2 Send unsolicited commercial advertising by, but not limited to, email, usenet, instant messaging or internet relay chat.
  8. 2.3 Cause damage to or attempt to gain unauthorized access to any computer systems.
  9. 2.4 Harass or defame a person.
  10. 2.5 Collect and or distribute any material for which is unlawful to possess in Australia.
  11. You must ensure that:
  12. 2.6 That anyone else who uses the Services complies with, these terms and conditions for ACS Data Pty Ltd customers and such system operating procedures, instructions and acceptable use requirements as we may notify you of from time to time.
  13. 2.7 Your use of the Services does not interfere with or disrupt the ACS Data Pty Ltd network.
  14. 3. Limitation of Liability
  15. 3.1 ACS Data Pty Ltd disclaims all conditions and warranties (statutory, express or implied), including, without limitation the implied warranties as to the title, fitness for a particular purpose, merchantability, accuracy or standard of quality of our service or that our service will be uninterrupted, error free, reliable and secure.
  16. 3.2 Notwithstanding any other provision contained in this Agreement, you agree to indemnify us, and keep us indemnified, against all loss, damage or expense resulting from any claim made against us by any third party as a direct result of your use of our services.
  17. 3.3 To the extent that the law allows us to do so, we exclude all other liability to you in connection with our provision of services to you.
  18. 4. Cancellation of Service
  19. 4.1 We can cancel this Agreement immediately if you do not meet your obligations under this agreement or if you are abusive to our staff. We may also suspend or restrict your ability to use our services without cancelling this Agreement if our reasonable assessment determines you have not met your obligations under this Agreement.
  20. 4.2 Otherwise we will cancel this Agreement by giving you 60 days notice in writing to either the email or postal address you have supplied us.
  21. 4.3 After the expiry of any specified minimum term of contract, or where there is no minimum term of contract, you may cancel this Agreement by giving 60 days notice to us via fax, post or by sending an email message to accounts@acsdata.com.au The effective date of cancellation will be the last day in the then current month.
  22. 4.4 On termination of this Agreement none of your obligations or our rights prior to termination shall be affected. Any of these terms that are intended to apply after termination will continue to apply.
  23. 5. Payment
  24. 5.1 You agree to pay for the Services we provide for you.
  25. 5.2 Our prices are stated in Australian dollars and are advertised excluding GST unless otherwise stated.
  26. 5.3 Payment is due within 7 days of the date printed on the invoice.

Please contact us for more information.