Saga Solutions

Saga Solutions Pty Ltd – ABN  22 624 203 247
(the “Company”)

COMPUTER SERVICES AGREEMENT
Terms & Conditions

Computer Services Agreement

These are the Company’s (“we” or “our”) standard Terms & Conditions which will apply to every contract when you as the Customer engage the Company to perform its services.  When providing our services, we may also need to supply product(s).

The Company reserves the right to amend these Terms & Conditions from time to time at their discretion. Any changes made in such revision take immediate effect once the Customer is notified of such a change.

ENGAGEMENT

  1. The Company holds all necessary licences and permits required in order to allow the Company to perform the services. Where there are any applicable industry standards and codes, they will at all times be complied with by the Company.  The Company and all the Company’s employees and permitted sub-contractors are properly qualified, experienced, licensed (where applicable) and competent to properly perform and will perform the service to the required standards and codes.
  2. Where any manuals are required in order for the Customer to enjoy or use the services, the Company will provide these to the Customer in such form as the Customer may reasonably require and for no additional fee.
  3. If an event occurs that is beyond the reasonable control of the Company which prevents the Company from performing the service on or by the date agreed, the Company will immediately notify the Customer and give an estimate of the time for completion of the service.
  4. The Company will provide all equipment and all materials as may be necessary to properly and efficiently perform the service. Unless otherwise agreed in writing all materials including products supplied will be new and of high quality fit for their purpose.  All Company equipment will be safe for use, be properly maintained and capable of being used to carry out the service.
  5. If the Customer requires a variation to the service, the Company will provide a quotation for performing the service as varied which additional sum will be added to the price if accepted by the Customer. If the Customer does not accept the quotation, the Company is not obliged to carry out the variation.
  6. The Company may use sub-contractors to provide any of the service. In such circumstances, the Company will ensure that:
  • the sub-contractors so engaged are suitably qualified, hold all necessary licences and are otherwise able to perform the service in a proper and workman-like manner;
  • the sub-contractors so engaged do not by act or omission do or not do anything that would if done or not done by the Company be a breach any of these terms;
  • the sub-contractors so engaged have current or necessary insurances.
  1. The Company is solely responsible for all fees payable to sub-contractors.

ACCEPTANCE OF THESE TERMS

  1. Any act by the Customer or those legally acting on behalf of the customer which requests the Company to begin performing any services or providing any materials will be deemed as acceptance to these Terms & Conditions.
  2. Once these Terms & Conditions are accepted they are irrevocable and cannot be amended without the written consent of the Company.
  3. In the event there is more than on party as a Customer to these Terms & Conditions, all Customers will be jointly liable for these Terms & Conditions.
  4. Should the Customer cancel the engagement of the Company after it has been accepted, the Customer agrees they may be held liable for any costs incurred by the Company in relation to the provision of the services and/or provision of products up to the point of cancellation.

QUOTES, INVOICES AND PAYMENT

  1. A quote provided by the Company will remain valid for seven (7) days. On expiry of that period, if the Customer wishes to proceed a new quote will need to be provided prior to the Company undertaking the service.
  2. The Customer will pay the Company’s fee within seven (7) days of the invoice being sent. If payment has not been received by the seventh (7th) day, a ten (10%) percent late fee will be added onto the monthly amount for every seven (7) days the invoice remains unpaid. If the invoice remains unpaid for a period greater than thirty (30) business days, the Company retains the right to remove all content supplied by Company and a demand letter will soon follow. Further legal action may take place if the account remains unpaid.. The price includes GST and is the full amount which the Customer will pay for the service.
  3. The Company will issue a tax invoice for the service setting out the service performed, including any variation, the date the service was performed and by whom. The tax invoice will also separately identify all expenses and any GST payable. This tax invoice will include the final price for the services performed and any goods provided, this price may vary from the quoted price at the discretion of the Company
  4. Payment of the Company’s tax invoice should be made in the following manner: Bank transfer and PayPal.
  5. Where the Customer fails to pay any tax invoice on or before the due date, the Customer agrees that the Company will add interest to the total outstanding amount at the rate of 3% interest per calendar month and that the Customer will be liable to pay an accrued interest in addition to the outstanding amount.
  6. In the event the Customer defaults in payment of an invoice, the customer shall indemnify the Company from any costs incurred by the Company in recovering the outstanding amount, including but not limited to solicitors fees.
  7. The Customer is not entitled to deduct any invoiced amount from any amounts owing to the Customer by the Company.

Occupational Health and Safety/Workplace Health and Safety

  1. The Customer will ensure that, if the service is to be performed on the Customer’s property, the Customer is authorised to occupy those premises and obtain the service.
  2. The Customer will ensure that if the service is to be performed on the Customer’s property, that at all times the property is safe and that all facilities provided by the Customer for the purposes of enabling the service to be performed are also safe.
  3. The Customer will ensure that the Company will have unencumbered and unobstructed access to the area/s of the premises requiring the service.
  4. The Company will ensure that at all times in performing the service it uses safe and proper procedures and practices and that all its employees are properly trained and supervised and observe all proper safety practices. Where protective equipment, materials or clothing are required these will be provided by the Company and the Company will ensure that these are used at all relevant times.
  5. The Company will at all times have current Workers Compensation insurance and will, on request with prior notice, provide evidence to the Customer of its currency.

LIMITATION ON WARRANTY

  1. The Company warrants that all the service it performs including any product it supplies as part of the service will be fit for its intended purpose, will be capable of being used by the Customer for its intended purpose and will perform in accordance within its applicable specifications (if any).
  2. All statutory warranties that can be lawfully excluded are hereby expressly excluded.
  3. To the extent permitted by law, the Company is not liable for negligence or otherwise to any person including the Customer for any loss or damage including consequential loss suffered or incurred in relation to the Company’s service or products supplied.
  4. Where the service is not of the kind ordinarily required for personal, domestic or household use or consumption then the liability of the Company is limited pursuant to s.64A of the Competition and Consumer Act 2010 (Cth) to, at the discretion of the Company:
    • the supplying of the service again; or
    • the payment of the cost/s of having the service supplied again.

JURISDICTION

  1. It is agreed by the Parties that these Terms & Conditions will be construed in accordance with the Law of Western Australia and each Party covenants that it submits to the jurisdiction of the Courts of Western Australia for the resolution of any dispute under the Agreement.

FORCE MAJEURE

  1. Neither the Company nor the Customer shall be held liable for any breach of these terms where the breach arises from an act of God, war, natural disaster, terrorism or any other event beyond the reasonable control of either party.

 

____________________
Ayden Hernan-Sayers
Chief Executive Officer

 

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