Saga Solutions

THIS COMPUTER SERVICES AGREEMENT (the “Agreement”) dated this {date_dmy}

BETWEEN:

{Business name:3} of  {Address (Street Address):7.1}, {Address (Address Line 2):7.2}{Address (City):7.3}, {Address (State / Province):7.4}, {Address (ZIP / Postal Code):7.5}, {Address (Country):7.6}
(the “Client”)

-AND-

Saga Solutions Pty Ltd of Level 11, 125 St Georges Terrace, Perth, Western Australia, Australia, 6000
(the “Company”)

BACKGROUND:

  1. The Company is agreeable to providing such computer services to the Client on the terms and conditions set out in this Agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Company (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:

Services Provided

  1. The Client hereby agrees to engage the Company to provide the Client with the following computer services (the “Services”):
      • {Plan:16}
        1. All details about included services can be found on our website – www.sagasolutions.com.au/packages
  1. The Services will also include any other computer/online tasks which the Parties may agree on. The Company hereby agrees to provide such Services to the Client upon mutual agreement and request must also be written in writing or through email(s).

Term of Agreement

  1. The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect throughout the term specified below;
    • Please put a tick in the circle with the corresponding term, in months that you wish for this service to be retained for:
      • {Plan Duration:10}
  1. In the event that either Party wishes to terminate this Agreement, that Party will be required to provide 30 days’ written notice to the other Party.
  2. In the event that either Party breaches a material provision under this Agreement, the non-defaulting Party may terminate this Agreement immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.
  3. This Agreement may be terminated at any time by mutual agreement of the Parties.
  4. Except as otherwise provided in this Agreement, the obligations of the Company will end upon the termination of this Agreement unless the Agreement has been amended and/or updated.

Currency

  1. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in AUD (Australian Dollars).

Performance

  1. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

Currency

  1. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in AUD (Australian Dollars).

Payment

  1. The Company will charge the Client for the Services at the rate of {Total:15} per month (the “Payment”) which excludes all applicable sales tax (GST).
  2. The Client(s) will be invoiced every month, on or just before the 21st of every month.
  3. The Client(s) can choose to pay their monthly service fee via the following details;
    Electronix Bank TransferDirect DebitCredit/Debit Card
    NOTE: All Direct Debits and Card payments made through our gateway will incur a flat 2.5% transaction fee.
    Company Bank Details:
    Company Account Details
  4. Invoices submitted by the Company to the Client are due within Seven days of receipt.
  5. The Company will not be reimbursed for any expense incurred in connection with providing the services of this Agreement other than those agreed to in writing.
  6. The above Payment(s) exclude all applicable sales tax and duties (Goods and Services tax – GST) as required by Australian Law.
  7. If an account remains unpaid for any longer than 30 days, the account, and it’s services will be suspended with all monies outstanding due and immediately payable for the Client’s services to continue.
    • If the Client’s account has been suspended and amounts overdue are not paid in full within 7 business days from the final notice, the Company reserves the right to seek legal action and may be sent to a debt collection agency.

Reimbursement of Expenses

  1. The Company will be reimbursed from time to time for reasonable and necessary expenses incurred by the Company in connection with providing the Services.
  2. All expenses must be pre-approved by the Client.

Penalties for late payments

  1. In the case of Electronic Bank Transfers, any late payments that are received outside of their due date shown on the invoice, will incur a $10.00 late payment fee which will then be due and payable on top of your current outstanding invoice.
  2. In the case of Direct Debits, if the Company is unsuccessful in capturing payment for the following month, and are unsuccessful again after 2 business days, $10.00 will be added to your next months bill including all outstanding monies being owed.

FOR EXAMPLE: If a payment is processed and declined on Monday, the Company will re-try processing on the Wednesday after. If that payment declines again, the late payment fee ($10.00) will be added onto the invoices balance and amount will then be added onto their next invoice. In the event that the next months invoice remains unpaid, legal action may become likely and all damages will be due and payable

Confidentiality

  1. Confidential information (the “Confidential Information”) refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
  2. The Company agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Company has obtained, except as authorised by the Client or as required by law. The obligations of confidentiality will apply during the term of this Agreement and will survive indefinitely upon termination of this Agreement.
  3. All written and oral information and material disclosed or provided by the Client to the Company under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Company.

Ownership of Intellectual Property

  1. All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trademark, trade dress, industrial design and trade name (the “Intellectual Property”) that is developed or produced under this Agreement, will be the sole property of the Client. The use of the Intellectual Property by the Client will not be restricted in any manner.
  2. The Company may not use the Intellectual Property for any purpose other than that contracted for in this Agreement except with the written consent of the Client. The Company will be responsible for any and all damages resulting from the unauthorised use of the Intellectual Property.

Return of Property

  1. Upon the expiry or termination of this Agreement, the Company will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.
    • In the event that the Client owns Domains that are being hosted on the Company’s platforms, there will be an addition transfer fee of $29.95/domain. This fee is an amount charged to the Company by outside hosting providers.

Capacity/Independent Company

  1. In providing the Services under this Agreement it is expressly agreed that the Company is acting as an independent contractor and not as an employee. The Company and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.

Notice

  1. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following addresses:
    1. {Business name:3}
      {Address (Street Address):7.1} {Address (Address Line 2):7.2}
      {Address (City):7.3}, {Address (State / Province):7.4}, {Address (ZIP / Postal Code):7.5}, {Address (Country):7.6}
      1. {Name (First):1.3}{Name (Last):1.6}
      2. Email: {Email:11} Phone: {Phone Number:6}
    2. Saga Solutions Pty Ltd
      Level 11 125 St Georges Tce
      Perth, WA, 6000, Australia
      1. Email: support@sagasolutions.com.au Phone: +61 1800 290 823

or to such other address as either Party may from time to time notify the other.
Australian Business Number (ABN)

  1. The Australian Business Numbers (ABN’s) for the Parties to this Agreement are as follows:
    1. {Business name:3}: {ABN:2}
    2. Saga Solutions Pty Ltd: 22 624 203 247

Indemnification

  1. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.

Modification of Agreement

  1. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorised representative of each Party.

Time of the Essence

  1. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.

Assignment

  1. The Company will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.

Entire Agreement

  1. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.

Enurement

  1. This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.

Titles/Headings

  1. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

Gender

  1. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

Governing Law

  1. This Agreement will be governed by and construed in accordance with the laws of the State of Western Australia.

Severability

  1. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

Waiver

  1. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.

The Client has duly affixed their signature in the form of their IP address through electronic means on this {date_dmy}. {Business name:3} hereby agrees to all Terms and Conditions and fully understands that immediately after completion of signatures, this Agreement is legally binding and will remain in full affect until the end date of this Agreement as specified in Clause 3.

{ip}.
{Name (Prefix):1.2} {Name (First):1.3} {Name (Last):1.6}
{Job Title:4} | {Business name:3}
{Email:11}


The details within this agreement have been automatically generated from the Sign-Up form in which {Name (First):1.3} {Name (Last):1.6} filled out and accepted on the {date_dmy} on the following IP address: {ip}.

×
×

Cart