The supply of goods and/or the performance of services by Sanna Computing Pty Limited (“we“ or “us“ or “our“) to all its customers (“you“) is offered only and exclusively on the following terms and conditions. By requesting, ordering or otherwise permitting us to supply goods to or perform services for you, you hereby accept irrevocably and unconditionally our offer without derogation or qualification. Mandatory Repair Notices
As per the Competition and Consumer Act 2010, please note the following Mandatory Repair Notices required by law:
(a) Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.
(b) Repair of goods may result in loss of data. 1.0 Definitions
In these conditions:
“Conditions” means these Terms and Conditions;
“Customer” or “you“ means a person, firm or corporation, jointly and severally if more than one, that requests goods or services from us;
“goods” means all products and other goods (including any software) supplied by us to you or on your behalf;
“including“ is not a word of limitation and means without limitation;
“services” means all services performed by us for you or on your behalf;
“business hours” means Monday to Friday 9am to 4pm at our local time, excluding gazetted public holidays;
“Sanna Computing” or “we“ or “us“ or “our“ means Sanna Computing Pty Limited ATF The Freedom 1 Trust (ABN 13394437494); and
“Party“ and “Parties“ means (severally and not jointly) Sanna Computing and/or the Customer as the context requires. 2.0 Basis of Contract
2.1 Unless otherwise agreed by us in writing, these Conditions apply to every supply of goods and provision of services by us to you and cannot be varied, amended or supplemented by any other terms or conditions without our prior written consent.
2.2 Any written quotation provided by us to you concerning the proposed supply of goods or services is valid for 30 days and is an invitation only to you to place an order based upon that quotation. These Conditions may be supplemented by additional terms in our quotation which are not inconsistent with these Conditions. 3.0 Charges and Payment
3.1 Payment for goods and services must be made by cash or credit card or via direct deposit on or prior to the supply of the goods or the performance of the services unless you have a credit account with us. Credit card payments will attract a Merchant Service Fee (MSF) of 0.97% for Visa or MasterCard and 2.97% for American Express.
3.2 All our visits are chargeable and are charged in half hour units after the first hour. Any part thereof is chargeable at the same rate as a full half hour.
3.3 All goods supplied by us are charged separately from the services.
3.4 Where there is any change in the costs incurred by us in relation to the goods or services, we may vary our price for goods or services on order to take account of any such change, without giving notice to you.
3.5 Call-out fees may be applied at rates dependent on your suburb.
3.6 Surcharges may be applied on same day and/or outside business hours visits.
3.7 If you nominate and are approved for the good(s) or service(s) you have purchased to be invoiced, you may be charged an account fee per invoice issued. This fee will be advised in advance.
3.8 If you exceed your approved credit terms, you will be charged a $12.00 late payment fee. A revised invoice will be sent to you.
3.9 Support Packs (Prepaid Hours):
(a) Once you have purchased a block of prepaid hours it cannot be canceled.
(b) You are obliged to pay for the services that Sanna Computing agrees to provide you with regardless of whether you utilise those services. If you do not provide Sanna Computing with the necessary materials or information for Sanna Computing to deliver the services to you, you are still liable to Sanna Computing for full payment
(c) All phone and remote support is billed against your Support Pack in half hour units. Any part thereof is chargeable at the same rate as a full half hour. 4.0 Payment Default
4.1 If you default in the payment by the due date of any amount payable to us, or if any cheque drawn by you is dishonoured, then all money which is then due as well as all monies that are payable by you to us at a later date on any account, shall be due and payable immediately without the requirement of any notice to you, and we may, without prejudice to any other right or remedy available to us:-
(a) charge you interest on any sum due at the rate of 2% above the corporate reference rate of our principal banker. This interest shall be calculated daily and compounded every 30 days for the period from the due date until the date of payment in full; and
(b) charge you for all expenses and costs (including debt collection commission and fees, legal costs on a full indemnity basis and dishonoured cheque fees) suffered or incurred by us resulting from the default, including taking whatever action we deem appropriate to recover any amounts due (which, for the avoidance of doubt, shall include engaging Dun & Bradstreet or other debt collection agency to seek to recover the amounts due); and
(c) cease or suspend for such period as we think fit, supply of any further goods or services to you; and
(d) by notice in writing to you, terminate any contract with you so far as unperformed by us; without effect on our accrued rights under this or any other any contract.
4.2 Clause 4.1 may also be relied upon, at our option:
(a) where you are an individual, you become bankrupt or enter into any scheme of arrangement or any assignment or composition with or for the benefit of your creditors or any class of your creditors generally; or
(b) where you are a corporation, you enters into any scheme of arrangement or any assignment or composition with or for the benefit of your creditors or any class of your creditors generally, or you have a liquidator, provisional liquidator, administrator, receiver or receiver and manager appointed, or any action is taken for, or with the view to, your liquidation (including provisional liquidation), winding up or dissolution without winding up. 5.0 Passing of Property
5.1 Until full payment in cleared funds is received by us for all goods supplied by us to you, as well as all other amounts owing to us by you:
(a) title and property in all goods remains vested in us and does not pass to you;
(b) you must hold the goods as fiduciary bailee and agent for us;
(c) you must keep the goods separate from your other goods and maintain the labeling and packaging of the goods;
(d) you hereby undertake to us to hold the proceeds of any sale of the goods on trust for us in a separate account, however any failure to do so will not affect your obligation to deal with the proceeds as our trustee;
(e) we may, without notice, enter any premises where we suspect the goods may be and remove them, notwithstanding that they may have been attached to other goods not the property of us, and for this purpose you irrevocably license us to enter such premises and shall also indemnify us and hold us harmless from and against all costs, claims, demands or actions by any party arising from such action. 6.0 Risk and Insurance
The risk in the goods and all insurance responsibility for theft, damage or otherwise in respect of the goods shall always be with you and at your own risk. 7.0 Performance of contract
7.1 Any period or date for delivery of goods or provision of services stated by us is intended as an estimate only and is not a contractual commitment. We will use our reasonable endeavours to meet any estimated dates for delivery of the goods or completion of the services.
7.2 Whilst every attempt will be made to perform the repairs onsite, it may be necessary to return your system to our base or third party for diagnosis and repair. 8.0 Sanna Computing Warranties
8.1 If we cannot provide you with a solution to your problem, we will not charge you for those services in respect of that problem (No Fix, No Fee Guarantee). In some cases, the solution may be that you need to upgrade or replace your software or hardware. If we advise you to do so and you choose not to upgrade or replace your software or hardware, you acknowledge that we have met our commitment to you by providing you with a solution to your problem, whether or not you choose to implement that solution.
8.2 We stand behind our service. If you notify us of a problem with the services you were provided, and our diagnosis of the problem indicates that our services were not performed satisfactorily, we will work to provide a solution to your problem quickly and at no additional cost to you.
8.3 You acknowledge that computers are complicated and sometimes problems are more deeply rooted or complicated than initially diagnosed. You also acknowledge that a problem which occurs with your computer after our visit may be unrelated to the work we performed for you and is therefore outside the scope of our Service Guarantee.
8.4 You acknowledge that any equipment presented for repair may have pre-existing damage or other problems, and that Sanna Computing cannot, due to such pre-existing damage, assume responsibility for such damage or further problems resulting there from.
8.5 When we sell you equipment, hardware or software, we may be selling such equipment, hardware or software on behalf of a third party manufacturer or licensor. We do not warrant that the operation of any software we install or service will be uninterrupted or error free. You acknowledge that software (and information technology and communications products generally), including your software, may have errors and may encounter unexpected problems, and accordingly, you may experience downtime and errors in the use of software. You also acknowledge that your use of such software may be subject to a third party licence.
8.6 We shall honour all terms (if any) that are implied under applicable State and Commonwealth laws concerning the supply of the goods and/or the performance of the services and nothing in this clause 8 seeks to restrict, modify or exclude such terms. Our express warranty and guarantee are in addition to and do not affect your statutory rights and remedies.
9.1 You shall be solely responsible for all data inputs, the manner of use of the goods by all those to whom it provides access and all outputs derived, and all other results of such processing.
9.2 You shall comply, at your own expense, with any recommendations and guidelines with respect to the use of the goods, including any adjustments or replacements required in respect of equipment and software that is incidental or collateral to the use of the goods.
9.3 You shall ensure that your operators are adequately trained and informed as to the use of the goods and shall comply with guidelines and procedures supplied by us and/or any third party manufacturer from time to time.
9.4 You shall promptly report errors or faults in the operation of any aspect of the goods or any provision of the services in accordance with applicable fault reporting procedures from time to time.
9.5 You shall perform general “housekeeping”, testing, adjustment and/or maintenance as per the industry standard and/or recommended by us or otherwise required in respect of any goods supplied by us in order to maximise the availability of and performance of the goods or permit performance by us of any of our obligations hereunder.
9.6 You agree to exercise due care and carry out such precautions which may be recommended by us or otherwise required as a matter of prudence in connection with the performance by us of any of our obligations hereunder, for example, but without limiting the generality of the foregoing, advising your staff of system restarts or scheduled downtime, recording of error information, and will co-operate with other system administration activities such as, but not limited to, running diagnostic tests and operational readiness tasks.
9.7 You represent and warrant to Sanna Computing that you are the owner of, and/or have the right to be in possession of and make decisions regarding, all data, media or equipment (“Data”) provided to Sanna Computing, and that you have obtained all necessary consents required under the Privacy Act 1988 (Cth) in relation to the disclosure of personal information by you to Sanna Computing and to the use of that personal information by Sanna Computing, and that your collection, possession, processing and transfer of such Data is in compliance with data protection and privacy laws to which you are subject. You indemnify Sanna Computing from any expense (including reasonable legal fees), damage or liability arising out of any claim, demand or suit resulting from a breach of your warranties.
9.8 You shall as a fundamental term of these Conditions back up all software, data and files that are stored on your computer and/or on any other storage devices you may have prior to the arrival of the Sanna Computing technician. We and/or our third party service provider shall not be responsible at any time for any loss, alteration or corruption of any such software, data or files.
9.9 Onsite services involve our Sanna Computing technicians visiting you at your home or other location (Premises) requested by you.
9.9.1 You must ensure that a person of at least 18 years of age is present for the duration of the provision of onsite services.
9.9.2 You must provide our technicians with:
(a) access to the areas of your premises necessary to provide services;
(b) necessary passwords to your computer;
(c) a safe working environment and working space;
(d) electrical power and internet access (where applicable).
9.9.3 If the services involve the installation of software, then you must provide our technicians with the installation disks for your operating system or software along with a product key for this software. 10.0 Liability
10.1 To the full extent permitted by applicable law, all conditions, warranties, representations, indemnities and guarantees with respect to the goods and/or the services, or other goods or services that may be provided by Sanna Computing under these Conditions, that may otherwise be implied by statute, law, equity, trade custom, prior dealings between the Parties or otherwise (including, but not limited to, any implied warranty of merchantability, fitness for particular purpose, quiet enjoyment or non-infringement) are hereby expressly excluded.
10.2 Except to the extent specifically provided in these Conditions, our sole liability to you for any and all breaches of any term or terms of these Conditions, whether express or implied, shall be limited to:
10.2.1 subject to sub-clauses 10.2.2 and 10.2.3, the aggregate amount of the fees and charges paid by you under these Conditions as at the date of the breach;
10.2.2 in relation to goods if supplied to you as a consumer (as defined in the Trade Practices Act 1974):
(a) the replacement of the goods or the supply of equivalent goods; or
(b) payment of the cost of replacing the goods or acquiring equivalent goods; or
(c) the repair of the goods or payment of the cost of having the goods repaired,
as in each case we may elect; and
10.2.3 in relation to services if supplied to you as a consumer (as defined in the Trade Practices Act 1974):
(a) the supplying of the services again; or
(b) the payment of the cost of having the services supplied again,
as in each case we may elect.
10.3 In no event shall we be liable to you or to any third party under or in connection with these Conditions or in respect of the use of (or failure or performance of) the goods or the supply of the services for:
10.3.1 malfunctions or failures caused directly or indirectly by:
(a) any third party;
(b) our actions that were expressly or impliedly authorised by you, or by your employees or agents;
(c) accident, misuse or abuse by anyone other than us;
(d) alteration or modification of the goods by anyone other than us;
(e) products (including any hardware or software) not licensed or supplied by us that are attached to or used with the goods;
(f) your failure to provide a proper operating and working environment for the goods;
(g) damage during any movement, relocation or re-installation of the goods;
(h) power surge or failure,
(i) acts of God or acts outside our reasonable control;
(j) any other condition not arising under normal operating conditions; or
(k) normal wear and tear; or
10.3.2 any loss or damage of any nature arising or caused directly or indirectly by any breach of your obligations or responsibilities set out in these Conditions.
10.4 Any replacement of parts under warranty will be carried out at the premises nominated by us. The cost and risk of transport of any defective part to the nominated premises is your responsibility.
10.5 In no event will we be liable to you or to any third party under or in connection with these conditions or in respect of the use of (or failure or performance of) the goods or the supply of the services for:
10.5.1 any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit;
10.5.2 your liability to any third party; or
10.5.3 incidental, consequential, special, exemplary or punitive damages of any nature, howsoever arising or caused, including without limitation the breach of these Conditions or any expiration or termination of these Conditions, whether such liability is asserted on the basis of statute, contract, tort (including negligence or strict liability), equity or otherwise, even if we have been advised of the possibility of such loss or damage.
10.6 We will not be liable for any loss or damage suffered by you where we have failed to meet any delivery date or cancelled or suspended the supply of goods or services.
10.7 Nothing contained in these Conditions excludes, restricts or modifies any:
10.7.1 implied condition, warranty or other implied obligation in relation to these Conditions or the goods and services where pursuant to applicable law to do so is unlawful or void; or
10.7.2 liability for fraud or deceit; or
10.7.3 liability for death or personal injury caused by the negligence of either Party. 11.0 Copyright in Software
11.1 We will not be responsible to you or any third party for any breach of any software licence in respect of software provided to us by you to be installed on your computer.
11.2 You hereby warrant that you have a valid licence in respect of such software and shall indemnify us and hold us harmless against any loss, damage, costs, harm or other expense whatsoever arising either directly or indirectly as a result of us installing software at your request. 12.0 Cancellation
12.1 If, through circumstances beyond our reasonable control, we are unable to effect delivery or provision of goods or services, then we may cancel your order (even if it has already been accepted) by notice in writing to you.
12.2 If you give us less than twenty-four (24) hours notice to cancel any request for on-site service, then we may charge a cancellation fee equal to the first hour of service at the rates quoted at the time of booking for the loss and expense caused. 13.0 No representation or reliance
13.1 You acknowledge that neither we nor any person acting on behalf of us has made any representation or other inducement to it to enter into these Conditions, except for representations or inducements expressly set out in these Conditions.
13.2 You acknowledge and confirm that you do not enter into these Conditions in reliance on any representation or other inducement by or on behalf of us, except for representations or inducements expressly set out in these Conditions.
14.3 Without limiting the generality of clauses 14.1 and 14.2, you understand and hereby confirm that:
(a) your decision to enter into these Conditions was, and is, not based on any promise, representation, statement, warranty or undertaking made or given by us or any person on its behalf in relation to the capacity, uses or benefits that might or would be derived or obtained from the goods or services, except as expressly set out in clause 8, and
(b) you have relied on your own skill and judgement in deciding to purchase and acquire the goods and services. 14.0 Entire Agreement
14.1 To the extent permitted by law, in relation to its subject matter, these Conditions:
14.1.1 embody and constitute the entire legal and contractual relationship of the Parties, including the entire terms agreed by the Parties; and
14.1.2 supersede, replace and terminate by mutual consent any prior written or oral representations, negotiations, understandings, agreements or contracts between the Parties. 15.0 Governing law
15.1 This Agreement is governed by and must be construed according to the law applying in New South Wales. The Parties hereby irrevocably submit to the jurisdiction of the courts of New South Wales..
Personal information held by the Sanna Computing may include your name, date of birth, current and previous addresses, contact phone numbers, e-mail address, bank account or credit card details, occupation and driver’s licence number and the business details of customers and suppliers and their dealings with Sanna Computing. How We Collect Information
Personal information is collected by Sanna Computing to enable us to provide you with the products and services you have requested and to assist us improve our products and services. If you choose not to provide personal information, we may not be able to provide you with the products and services you require, or a high level of service.
Personal information may be collected directly from you such as through an application (including submitted online, by email, by mail or by phone) for products or services, indirectly from you such as through monitoring your usage of products and services (e.g. the collection of information of your usage of our website including through cookies), or from third parties such as our related companies, credit reporting agencies, or your representatives. How We Use Your Personal Information
Your personal information may be used in order to:
• verify your identity;
• to allow us to identify our customers via usernames and passwords and to interpret customers’ pre-stored attributes and parameters for using features and functions of the Sanna Computing web sites;
• assist you to subscribe to our services;
• provide the products and services you require;
• administer and manage those products and services, including charging, billing and collecting debts;
• inform you of ways the products and services provided to you could be improved;
• conduct appropriate checks for credit-worthiness and for fraud;
• market, research and develop our products and services;
• gain an understanding of your needs in order for us to provide you with a better service; and
• maintain and develop our business systems and infrastructure, including testing and upgrading of these systems.
Sanna Computing provides products and services via our website. When you visit our site, our web servers record anonymous information such as the time, date and URL of the request. This information assists us to improve the structure of our websites and monitor their performance.
In some cases, cookies may collect and store personal information about you. Sanna Computing extends the same privacy protection to your personal information, whether gathered via cookies or from other sources. Most internet browsers are pre-set to accept cookies, however you can adjust your Internet browser to disable cookies or to warn you when cookies are being used. However, if you disable cookies, you may not be able to access certain areas of our websites or take advantage of the improved website experience that cookies offer.
Your personal information is also collected to promote and market other services which we consider may be of interest to you. If you do not wish us to contact you regarding other services please advise us in writing at firstname.lastname@example.org Disclosure of Personal Information to Third Parties
In order to deliver the services you require and for the purposes set out above, Sanna Computing may disclose your personal information to organisations outside Sanna Computing. Your personal information is disclosed to these organisations only in relation to Sanna Computing and related companies providing services to you. These organisations may carry out:
• customer enquiries;
• mailing systems;
• billing and debt-recovery functions;
• information technology services;
• marketing, telemarketing and sales services;
• market research; and
• web site usage analysis.
Sanna Computing takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information. In addition, we may disclose your personal information to:
• your authorised representatives or legal advisers (when requested by you to do so);
• credit-reporting and fraud-checking agencies;
• credit providers (for credit related purposes such as creditworthiness, credit rating, credit provision and financing);
• our professional advisers, including our accountants, auditors and lawyers;
• government and regulatory authorities and other organisations, as required or authorised by law;
• organisations who manage our business and corporate strategies, including those involved in a transfer/sale of all or part of our assets or business (including accounts and trade receivables) and those involved in managing our corporate risk and funding functions (e.g. securitisation). Third Party Sites
Sanna Computing takes all reasonable precautions to ensure that the personal information we collect and disclose is accurate, complete and up-to-date. However, the accuracy of that information relies to a large extent on the information you provide. We recommend that you:
• let us know if there are any errors in your personal information; and
• keep us up to date with changes to personal information such as your name or address, by contacting us (see “How To Contact Us” below). You Can Access Your Personal Information
If you have any queries in relation to privacy, please contact us on 0408377897 or email email@example.com
The material contained on this web site is protected by copyright. You may use this web site only for your personal and non-commercial purposes. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the material on this web site, or create any other material using material on this web site, without obtaining the prior written consent of Sanna Computing.
Trade marks (whether registered or unregistered) and logos must not be used or modified in any way without obtaining the prior written consent of Sanna Computing.
The web site, products, technology and processes contained in this web site may be the subject of other intellectual property rights owned by Sanna Computing or by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms. Your use of this web site must not in any way infringe the intellectual property rights of any person. External Sites
This web site may contain links to, or frame, web sites of third parties (“external sites”). Sanna Computing is not required to maintain or update the links. Links to, or framing of, external sites should not be construed as any endorsement, approval, recommendation or preference by Sanna Computing of the owners or operators of the external sites, or for any information, products or services referred to on the external sites unless expressly indicated on this web site. Sanna Computing makes no warranties and accepts no liability in relation to material contained on external sites. Cookies
Cookies are small pieces of data stored on the web browser on your computer. Any web server (including this one) may:
• Store one or more cookies in your browser;
• Request your browser to transmit this data back to the web server; or
• Request your browser to transmit a cookie that has been stored on your browser by another site within the same internet domain. This web site may store cookies on your web browser in order to improve service for you on your subsequent visits to this web site.
By using cookies, web sites can track information about visitors’ use of the site and provide customised content. Most web browsers can be configured to notify the user when a cookie is received, allowing you to either accept or reject it. You may also inspect the cookies stored by your web browser and remove any that you do not want.
Except where to do so would cause any part of these Terms to be illegal, void or unenforceable, Sanna Computing:
• Excludes all conditions and warranties implied into these Terms;
• To the fullest extent permitted by applicable law, is not liable to you or anyone else for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered, in connection with use of this web site; and
• Excludes liability (whether that liability arises under contract, tort (including negligence) or statute) for any special, indirect or consequential loss or damage (including without limitation loss of revenue and loss of, or damage to, data) suffered or incurred in connection with this web site.
Without limiting the general disclaimer, Sanna Computing:
• Makes no warranty as to the completeness or accuracy of any material or as to its merchantability or fitness for a particular purpose. Sanna Computing is not liable to you or anyone else if errors occur in the information on this web site or if that information is not up-to-date;
• Will not be liable for disruptions to this web site; and
• Is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this web site or an external site. You must take your own precautions to ensure that whatever you select for use from this web site is free of viruses or anything else that may interfere with or damage the operation of your computer systems.
0408 377 897
Disclaimer: The information on this site is of a general nature only. It does not take your specific needs or circumstances into consideration. You should look at your own personal situation and requirements before making any decisions or taking any action.
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