TERMS OF SERVICE
This website is operated by Headway Information Services. Throughout the site, the terms “we”, “us” and “our” “company” refer to Headway Information Services. Headway Information Services offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
These Terms of Service also form apart of our contracts, deeds and general works and your engagement with the said company, therefore please ensure you are satisfied and read all with the outlined Terms of Service below before entering into works.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE AND SUBSCRIPTION TERMS
1.1 By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
1.2 You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
1.3 You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
1.4 Console Management, If you have opted for a managed services contract and agree to the said term that includes Console Management; it is understood that each console managed named as a managed console is billed at $27.50 as per a standard PC or “item” inclusive of QLD GST.
SECTION 2 – GENERAL CONDITIONS
2.1 We reserve the right to refuse service to anyone for any reason at any time.
2.2 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
2.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
2.4 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
3.1 We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
3.2 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
4.1 Prices for our products are subject to change without notice.
4.2 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
4.3 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
5.1 Certain products or services may be available exclusively online, through purchase Onsite whilst repairing or through a quote emailed out and agreed to, signed or accepting the terms and conditions through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
5.2 We have made every effort to display as accurately as possible the colour’s and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
5.3 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
5.4 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
6.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
6.2 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
6.3 For ongoing fee’s and subscription services payment must be made on time by the due date of invoice or a direct debit setup. Failure of payment will cease all management and subscription services till payment is made. Headway Information Services reserves the right to cancel at any time due to unpaid fees or non-communication. We will suspend all updates and management till the issue is resolved or termination of service if payment is withheld.
6.4 For more detail, please review our Warranty and Returns section.
SECTION 7 – OPTIONAL TOOLS
7.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
7.2 You acknowledge and agree that we provide access to such tools, ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
7.3 Software may be used Onsite by third party programs, we are not responsible for or warrant and will not have any liability or responsibility for third party materials. Any programs purchased will be subject to the warranty of the third party provider.
7.4 Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
7.5 We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
8.1 Certain content, products and services available via our Service may include materials from third-parties.
8.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
8.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
9.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
9.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
9.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
11.1 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
11.2 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
13.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
13.2 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
13.3 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
13.4 In no case shall Headway Information Services, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
13.5 The Company will not be liable under or in connection with this Agreement for any loss of income, loss of actual or anticipated profits, loss of business, loss of anticipated savings, loss or damage to, or corruption of data, loss of goodwill, loss of reputation, or for any special, indirect, incidental or consequential loss or damage of any kind in each case howsoever arising, whether such loss or damage was foreseeable in the contemplation of the parties and whether arising in, or for breach of contract, tort (including negligence), breach of statutory duty, indemnity, or otherwise.
The Company has no liability to the Customer, the Customer’s representatives, or any other person, for acts or omissions of, or any faults or defect in the Services caused by any third party, the Customer’s representatives, or faults or defects that arise in telecommunications systems or other services provided to the Customer by a third party.
The Customer is fully liable to and indemnifies the Company against all loss, including as a result of any third party claims against the Company, arising out of the use or attempted use of the Services or any equipment connected to the Services by the Customer’s representatives or any other person; any data, information or other materials transmitted, downloaded, or stored by the Customer’s representatives using the Services; and the Customer’s equipment or any acts, omissions, or breaches of this Agreement by the Customer’s representatives.
13.6 Each party warrants and represents to the other party on a continuing basis that it is able and willing to perform the obligations and complete the transactions contemplated by this Agreement, and upon the written acceptance by the Company of a Scope of Works Form submitted by the Customer, the obligations under this Agreement will be valid, binding and enforceable.
Headway Information Services Product Warranty and Returns
13.5 Headway Information Services guarantees a 12mth Warranty on all parts sold including custom made computers, there after the warranty will refer to the product warranty upheld by the brand or faulty part.
13.6 If in the first 12mths the product is found faulty we will replace the part at no cost. If the part is a hard drive we will replace the Hard Drive and install the operating system, any data transfer will incur a labor cost for time spent transferring data.
13.7 Returns will be collected and replaced in a timely manner. Headway Information Services will not be liable for any extended Warranty outside the 12 mths of said product or service and will refer you to the manufacturer for Returns.
13.8 All Servicing by Headway Information Services will be covered for 7 days from repair. If we are unable to provide you with the Services we were contracted to provide you with, we will not charge you for those services in respect of that problem.
Web Design and Social Media Management clause
13.9 On acceptance of our Web Design and Social Media Quote, signed and returned, agreeing to said Term and Conditions on Headway Information Services website or attached to said quote in an email, will be a binding contract between you and Headway Information Services. A 50% deposit of said quote must be made up front to start services.
13.10 By agreeing to said Terms Headway Information Services will not be liable for any comments, changes, updates or privacy management of Social Media if approved by you the customer. Updates and regular communication between said customer and Headway Information Services will continue throughout the subscription service.
13.11 Please see our Privacy Statement in regards to passwords and logins here: https://headwayservices.com.au/privacy-statement/
Quotes and Orders for Products and Labor
13.12 Any written quote or invoice for goods or services provided by us on acceptance of said quote, signed and confirmed via email or in person, agreeing to terms and conditions becomes binding and if cancelled will occur a fee %30 of total product cost and minim 1hr labor charge.
SECTION 14 – INDEMNIFICATION
14.1 You agree to indemnify, defend and hold harmless Headway Information Services and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
14.2 The Customer fully indemnifies the Company, and keeps the Company fully indemnified, from and against any losses, damages, costs and/or expenses (including legal costs assessed on a solicitor and own client basis), claims, demands, actions, suits, proceedings, and liabilities which the Company, and any other party, may suffer or incur arising out of, or in connection with the Customer’s representatives’ receipt or use of the Services, receipt or use of the Customer’s Equipment, acts and omissions in connection with the Services or this Agreement, breach of warranties contained in this Agreement, and breach of any of the terms and conditions of this agreement.
SECTION 15 – ENTIRE AGREEMENT
15.1 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
15.2 These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
15.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 16 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia in the state of Queensland.
Should you have enquiries in regards Headway Information Services, Please contact us: E:email@example.com P: PO Box 1487 Beenleigh 4207 Australia. P:07 5661 2373
SECTION 17 – CHANGES TO TERMS OF SERVICE
17.1 You can review the most current version of the Terms of Service at any time at this page.
17.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 18 – DEFINITIONS
18.1 Agreed Fees means the fees and charges which Headway and the Customer have agreed upon in writing for the provision of the Services.
Agreement means collectively all and any of the following:
(a) Master Services Agreement;
(b) Statement of Works;
(b) Terms of Service;
(c) each Scope of Works Form;
(d) Schedule of Services;
(e) any written notice issued in accordance with this Agreement or the Terms of Service; and
(f) any written agreement or variation attached to, and subsequently incorporated into all or any of the documents referred to above.
Authorised Contact means a representative or a number of representatives appointed by the Customer from time to time to be the primary and authorised point of contact to act on behalf of the Customer in connection with this Agreement.
Company means Headway Information Services Pty Ltd ACN 612 365 036 of PO Box 1487, Beenleigh in the state of Queensland, 4207, and all of its successors in title and permitted assigns. The Company and Headway are used interchangeably in this Agreement.
Company’s Equipment and Network means the equipment owned by the Company or which the Company is legally entitled to lease, license, lend, hire, or otherwise provide to the Customer for use in connection with this Agreement.
Web Hosting Services means the provision of discrete portions of shared servers, owned, leased, licensed by, or otherwise in the possession and control of Headway, for the purpose of hosting web sites.
Supply means a supply of a Service or Services by Headway pursuant to this Agreement.
Special Conditions means the special conditions, if any, set out in the Statement of Works.
Statement of Works means the brief summary of the terms and conditions of this Agreement on page 1 of this Agreement.
Scope of Works Forms means order forms completed by the Customer and submitted to Headway from time to time setting out the Customer’s requirements for the Services.
Services means the provision of Headway’s equipment, facilities, network, co-location services, co-location spaces, dedicated servers, web hosting services, dedicated server services and/or other services which Headway supplies to the Customer’s representatives from time to time pursuant to this Agreement, as set out in any Scope of Works form, and other related supplies or services which Headway may offer from time to time.
Schedule of Services means each Schedule of Service attached to each Scope of Works form which sets out terms applicable to the provision, receipt and use of certain Services including:-
(a) Web Hosting Services;
(b) Dedicated Servers;
(c) Co-Location Space and Co-Location Services; and
(d) Network Services,
And which form part of this Agreement.
Schedule of Fees and Charges means Headway’s standard fees and charges as amended from time to time, setting out its standard fees and charges for the Services.
Remote Admin and Hands means services that Headway may provide which are or more advanced, technical and/or specialised services than the Schedule of Services.
Section 19 – SPECIAL CONDITIONS
19.1 The Special Conditions shall apply to this Agreement if and only Headway has agreed to them in writing.
To the extent of any consistency between the Special Conditions and the terms and conditions of this Agreement, the Special Conditions shall prevail.
Section 20 – MISCELLANEOUS
20.1 The Customer may not without Headway’s prior written consent, transfer, novate, assign, or sub-license this Agreement or any rights, interest, or obligations contained in it.
This Agreement is governed by the laws of Queensland and the parties irrevocably submit to the non-exclusive jurisdiction of the Queensland courts.
No variation of this Agreement will be of any force or effect unless it is in writing and signed by the parties to this Agreement.
A party’s failure or delay to pursue remedies for a default by the other party does not amount to a waiver of any obligation of, or breach of obligation by, another party.
Section 21 – NOTICES
21.1 Any notice to be given under this Agreement must be in writing and must be delivered or sent by post, facsimile, or email to the registered office or place of business of the party to whom it is sent, the Authorised Contact or such other addresses, facsimile numbers and email addresses as notified in writing.
The party to whom a notice is sent will be deemed to have received the notice if it is delivered when it is left at the relevant address, if sent by post, four (4) working days after it has been posted, and if sent by facsimile or email, if no failure delivery report is received by the sender which indicates the transmission is likely successfully sent.
Section 22 – IP ADDRESSES
22.1 The Company may provide the Customer with IP Addresses during a Supply. Any IP Addresses that are provided to the Customer are licensed to the Customer and remain the Company’s property at all times both during and after the expiration or termination of the relevant Supply.
At the expiration or termination of the relevant Supply, the Customer must cease using IP Addresses provided pursuant to this Agreement and will have no entitlement to take or use same.
Section 23 – EXCLUSIONS
23.1 All terms implied in or incorporated into this Agreement, whether by statute, common law, or otherwise, are hereby excluded to the maximum extent permitted by law, including without limitation any condition, warranty or other term in relation to merchantability and fitness for a particular purpose.
The Customer is solely responsible for ensuring, and must satisfy itself, that the Services selected and ordered by it meet their needs. The Company does not warrant that any of the Services ordered by the Customer will be suitable for the purpose for which the Customer intends to use them or that the Services will be not interrupted, or delayed, without faults or free of error.
Section 24 – FORCE MAJEURE
24.1 Each party herby releases the other from any claim, liability or responsibility concerning a party’s failure to perform any obligations under this Agreement where such failure is due to a Force Majeure.
Where a party is prevented from performing its obligations under this Agreement for 90 continuous days and/or three (3) months has lapsed, either party may terminate this Agreement by notice in writing to the other party.
Section 25 – PRIVACY
25.1 Each party warrants to the other that any personal or confidential information it has provided which is relevant to entering into this Agreement has been collected and stored in accordance with the Privacy Act 1988 (Cth).
In relation to any personal or confidential information disclosed by a party, the recipient must comply with all privacy laws in relation to the use, storage, and disclosure of that personal or confidential information.
Section 26 – CONFIDENTIALITY
26.1 Each party acknowledges that in the course of performing its obligations under this Agreement it may receive confidential information. Each party agrees not to use or disclose any confidential information except with the consent of the party to whom the confidential information belongs or relates, in the proper performance of its obligations under this Agreement, where required by law, or where the confidential information enters the public domain.
Each party must ensure that its employees, subcontractors, agents and representatives comply with these obligations in regard to the Internet, and Social Media.
Section 27 – OBLIGATIONS UPON EXPIRY OR TERMINATION
27.1 Upon expiry or termination of this Agreement or a Supply, Headway may, in addition to any other rights it has under this Agreement, issue a final tax invoice for all supplies made by the Company to the Customer for the Services which have not been invoiced for or paid, demand immediate payment of any outstanding fees and the balance of fees payable for the entire period of the relevant Statement of Works or Scope of Works form, charge the Customer a termination fee, if necessary, and retain any deposit or any monies paid in advance by the Customer to pay for the Services or a Supply, or which would have been supplied to the Customer and/or monies paid, if this Agreement not been terminated prior to the expiry or termination.
Section 28 – ASSIGNMENT BY THE COMPANY
28.1 If the Company sells or transfers its business or any of the Services during the term or period of this Agreement, the Company may assign its right, title and interest in this Agreement to the purchaser or transferee, by giving written notice to the Customer, and the Customer agrees to continue to be fully bound by this Agreement.
Section 29 – SUSPENSION AND TERMINATION
29.1 The Company may refuse, suspend, or terminate at its sole and absolute discretion, the provision of the Services or a Supply, and/or this Agreement, by giving notice in writing to the Customer if the Customer fails to pay a tax invoice by the invoice’s due date, is unable to provide or continue to provide the Services in accordance with a Scope of Works form, or this Agreement, or the Company considers it necessary in the circumstances provided or for reasons it determines, provided that it acts in good faith.
The Customer may terminate this Agreement by no less than 30 days’ notice in writing but agrees to pay Headway the balance of sums otherwise that would have been due and owing if the term or period of this Agreement and the Scope of Works form, had run its full course, unless the Company and the Customer have agreed to another arrangement.
Section 30 – PERMITTED DOWN TIMES
30.1 The Company may suspend or interrupt any of the Services, and will not be liable to any extent if the suspension or interruption is caused by the Customer, the Customer’s representatives or agents, or a third party, or outside the immediate control of the Company including any Internet Services Provider, or telecommunications carrier problems, exploits or hacking, or the suspension is caused by an agreed or an external period of outage due to electricity or other problems, including actions or purported actions at the instigation or behest of a government authority or department.
Section 31 – INTELLECTUAL PROPERTY
31.1 The Customer acknowledges and agrees that it acquires no right, title or interest in any intellectual property owned or licensed by the Company, or used and supplied by the Company to the Customer or any related party during the operation and period of this Agreement, and where any intellectual property provided or accessed by the Company as part of the Services or a Supply is not owned by the Company, the Customer agrees it will endeavour to use its best efforts to be sufficiently licensed, and otherwise agrees to not hold the Company liable for any potential disputes, loss or damage.
Section 32 – AUTHORISED CONTACT
32.1 If requested by the Company, the Customer must appoint an authorised contact, or more than one, by notice in writing to the Company. The appointed Authorised Contact will be the Customer’s primary point of contact for dealings with Headway under this Agreement.
The Authorised Contact acts as the Customer’s authorised representative and agent and is hereby irrevocably authorised to act in regard to the Customer’s dealings with the Company, and the directions, instructions, communications and advices issued by and from the Authorised Contact, given to the Company will be deemed to be on behalf of, and bind the Customer, as the case may be.
Moreover, the Customer agrees to be bound by, and responsible for all the relevant acts, communications, including any omissions and defaults of the Authorised Contact.
The Company will not be responsible for any works, services, charges incurred, approvals, etc, made in accordance with the apparent directions or instructions of the Authorised Contact, or associated advices thereof, which the Customer later disavows relevant employment, authority or delegation of the Authorised Contact.
Section 33 – INSURANCES
33.1 The Company will not be responsible for any purported losses and damage of amounts, risks, commercial and product liability, public risk, property, casualty, third party property, business interruption, or loss of utility, rent or profit, where said risks could have reasonably been covered by policies of insurance, and were not, or said relevant policies of insurance had lapsed.
The Customer must not request any of the Services, or commit any other acts or actions in the reasonable knowledge that a relevant insurance risk was being activated or energised, and which it may be reasonably assumed that an Insurer may refuse to indemnify, pay out, or otherwise terminate any relevant policy of insurance.
Section 34 – VARIATIONS
34.1 By agreement – The Company and the Customer may vary the Services from time to time by agreement in writing.
By the Company – The Company may vary the Services, any of its terms and conditions, policies or procedures by giving the Customer notice in writing ten (10) working days ahead of said change of variation, and requesting the Customer’s agreement in writing. A lack of apparent or purported response by the Customer after reasonable notice in writing has been given, will be taken by Headway as implied consent to the change or variation.
The Customer may give notice in writing of termination of this Agreement to the Company within ten (10) working days if the notified change or variation does not meet with the Customer’s service requirements. If the Customer does not give notice in writing to the Company within this specified time, the Customer will be deemed to have agreed to the change or variation.
Section 35 – THE SUPPLY
35.1 The Customer must receive and use, and subject to the Customer complying with the terms of this Agreement, the Company will supply, the Services in accordance with the terms of this Agreement.
Section 36 – TERM AND PERIOD
36.1 The term and period of supply or a Supply for each of the Services is the period set out in each respective Scope of Works Form or forms to which the Services relate. The Company may specify minimum terms or periods of supply or a Supply for each Service at its absolute and sole discretion.
At the end of each term or period for each supply or a Supply, the term or period will automatically renew for a further term for the relevant Supply unless each party gives the other party not less than ten (10) working days’ notice.
Section 37 – CREDIT APPROVAL
37.1 Provision of the Services is subject to the Company being satisfied at all times that the Customer can and will pay the Fees.
The Customer consents to the Company obtaining from a credit reporting agency a credit report about the Customer, and to the Company providing personal information about the Customer to a credit reporting agency for this purpose.
Section 38 – COSTS
38.1 The Customer will be fully liable for the Company’s reasonable costs and expenses incurred in connection with any actions or proceedings the Company does to enforce this Agreement or because the Customer breaches this Agreement, and the review, consideration, approval or advice taken of any matter requiring the Company’s consent or agreement, together with any costs, fees, charges or duties payable or become payable as a result in respect of this Agreement.
Section 39 – SECURITY FOR PERFORMANCE
39.1 The Company may require the Customer at its absolute and sole discretion, to pay a deposit, prepay any or all of the Fees and Charges otherwise payable, provide a bank guarantee, provide credit card details including a charging authority, and request an automatic or direct debit authority or authorisation from the Customer’s debit, credit or other account.
The Customer grants to the Company a lien over all or any part thereof, of the Customer’s Equipment which is in the custody, control or possession of the Company, and there is either, unpaid fees and charges, a breach of this Agreement, or, it appears the Customer has otherwise abandoned or forfeited that equipment. In that event/s, the Customer authorises the Company to dispose, sell or otherwise, destroy all or any of the Customer’s Equipment to recover any outstanding debts, expenses or costs.
Section 40 – OBLIGATIONS REGARDING USE OF SERVICES
40.1 In receiving, possessing and using the Services, the Customer agrees that it must take good and proper care of the Services including keeping them safe, secure and in suitable conditions, not engage in any illegal or unauthorised conduct, including interfering with any other parties’ property or interests, use the Services in accordance with industry and Australian standards, for proper purposes, and maintain suitable insurance policies, if necessary.
The Customer will provide the Company, and any government authority or department, or other requisite service provider, with full access to the Services at all reasonable times, for the purpose of inspecting the Services, for repair, rectification, installation, or set-up. This includes reasonable access to any premises where access to the Services may be necessary or necessitated.
Section 41 – INVOICES AND PAYMENT OF FEES AND CHARGES
41.1 The Company will issue GST compliant invoices for Fees and Charges to the Customer monthly, at least, or upon a periodic basis as agreed between the parties.
The Customer must pay all the Company’s issued tax invoices by the due date, and without demand, deduction, with-holding or set-off.
Any queries in regard to the contents and calculation of a tax invoice may be made by the Customer to Headway who will reasonably consider such queries and may at its sole and absolute discretion, and if necessary, re-issue an amended tax invoice and which in that event, the Customer will be deemed to have agreed to the amended tax invoice.
The Customer acknowledges that once payments are made, unless subject to any applicable law, regulation or order to the contrary, all payments made by the Customer are non-refundable.
Agreed fees and charges set out in an agreed Scope of Works form will not be affected by changes and variations to the Schedule of Fees and Charges unless otherwise agreed with the Customer.
Any additional Fees and Charges may be charged by the Company if agreed to by the Customer, or as a result of an agreed variation to the Services provided, this Agreement, or the Scope of Works form, or for any additional or miscellaneous Services or supplies provided by the Company to the Customer being at the request, behest or authorisation of the Customer’s Authorised Contact.
Should you have enquiries in regards Headway Information Services, Please contact us: E: firstname.lastname@example.org P: PO Box 1487 Beenleigh 4207 Australia.