Terms and Conditions

1.1. ‘We’ Linx Info Tech (ABN 84 347 596 695) (‘Us’ or ‘Our’) will supply ‘You’ the customer (or ‘Your’), services on the terms and conditions set out below. Unless specified these terms and conditions apply to services provided by ‘Us’.
2.1. We will provide the Information Technology (‘IT’) services as indicated in this agreement to You in Australia through (but not exclusive to) new PC installation and set-up, system builder, software installation and upgrades, internet and email set-up, domain registration and web hosting set-up, web design, virus removal and protection, basic computer skills training, hardware and software suppliers, general troubleshooting, project management, consulting and contract services.
2.2. After hours service is provided at extra charge where possible but availability is not guaranteed. Every effort is made to accommodate Your needs.
3.1. The agreed charge is the amount stated on the Quotation at Total Cost.
3.2. Full payment is required on completion of the work to Us, unless prior arrangements have been made. We accept payment by cash, cheque, or direct deposit into our bank account.
3.3. You agree to provide not less than 5 working days notice from commencement for the alterations or cancellation of a booking and have the premises and/or equipment properly prepared for the service. A fee of twenty five percent (25%) of the agreed value will apply, in addition to the required deposit, if this is not complied with.
3.4. In event of consulting or contract services We may agree to the following arrangements (subject to Your Credit Checks):
(a). The agreement is deemed to be in force when We receive a copy of the agreement signed by You and We receive twenty five percent (25%) of the Total Cost (the 25% deposit).
(b). You will be invoiced for all services or other charges on a monthly basis with 14 days trading terms for payment of accounts. Services or other charges which do not appear on your monthly account may appear on future accounts due to processing procedures. Overdue accounts will incur a handling charge calculated at the greater of $15.00 or 3% per month on amounts outstanding or part thereof. We reserve the right to restrict any service at any time if We feel the account has gone over its Credit Limit or the service appears fraudulent. Discounts may be revoked during the overdue period.
3.5. Our charges to You may involve fees for connection, initiation or cancellation of any services.
3.6. Debts not paid within 14 days of the invoice date will be subject to ten percent (10%) per annum interest.
4.1. All service work is guaranteed for a period of one month from the date of completion. If the same problem or a related problem occurs within this time it will be fixed free of additional labour charges. Parts or Equipment are covered by a manufacturers warranty of between one and twelve months. Your invoice is your proof of purchase and warranty.
5.1. These Terms and Conditions, may be varied, altered, replaced or revoked at any time by Us giving 7 days notice to You or will apply 7 days from when such terms have been revised on our website: http://www.linxinfotech.com/.
5.2. Without notice, We may at any time, change any services including charges for services or the Supplier or the Supplier’s products or Contractor or Sub-Contractor as required and to subcontract or assign this agreement.
6.1. Whilst all care is taken, We do not accept responsibility for loss or damage to data incurred while attempting repairs to Your computer. All data should be backed up prior to work commencing. If You are unable to backup Your data please inform Us and We will attempt to recover and backup Your data before commencing repairs.
6.2. We will not be liable in any circumstances, however arising, to You or any person claiming through You in contract, tort, or otherwise (including negligence) for:
(a). Any economic loss or damage and in particular (without limitation), any loss of revenue, profits, actual or potential business opportunities, contracts or anticipated savings of profits; or
(b). Any indirect or consequential loss; or
(c). The acts of omissions of the Suppliers or any of our servants, officers, agents, contractors or subcontractors or the failure of, or fault or defect, in any IT service, network, facilities, equipment or service, used by Us in supplying IT services; or
(d). You agree to indemnify and keep Us indemnified from and against liability and all loss and damages caused directly or indirectly by any breach of this Agreement by Us or any claim or action arising directly or indirectly out of any negligence or will full act of ours or any of our servants, offices, agents, contractors or sub-contractors.
7.1. This Agreement will commence on the date of its signing by Us and will continue until:(a). Such time as is agreed by You and Us.
7.2. If We suspend the Agreement, You will still remain liable for all monies due to Us under the Agreement during the period of such suspension.
7.3. We may terminate providing the Services or any of them at any time without notice if any of following occur:
(a). We are not satisfied with Our credit assessment of You;
(b). If You breach any of the terms and conditions of this Agreement your Services will be suspended. You have failed to remedy the breach within 10 days of Us providing written notice to You of the breach your service will be terminated;
(c). You fail to pay amounts owing to Us by the due date;
(d). We are unable, for any reason, to provide the whole part of the Service;
(e). You become subject to any form of insolvency administration, or;(f). In the case of an individual - you die.
7.4. If this Agreement is cancelled by You, or terminated by Us:
(a) Any right which We have in respect of your obligations under the Agreement that are not fulfilled when the Agreement is ended, will continue to exist;
(b). You must pay Us all reasonable costs and expensive incurred by Us in relation to the Agreement ending.
8.1. You will keep confidential all information supplied by Us or the Supplier or the Contractor or the Sub-Contractor.
9.1. We will not be liable for any delay in the service of or failure in the delivery of equipment due to any occurrence reasonably beyond our control including delays incurred by the Supplier or the Contractor or the Sub-Contractor.
10.1. This Agreement contains Your and Our entire understanding to the exclusion of any and all prior or collateral Agreement of understanding relating to the services provided whether oral or written. You acknowledge that You have not entered into this Agreement in reliance upon any statement made by Us, other than as expressly contained in this Agreement.
10.2. If any part of this Agreement is found to be invalid or of no force or effect this Agreement shall be construed as though such part had not been inserted and the remainder of the Agreement shall retain its full force and effect.
11.1. In consideration of Us having agreed to supply the services to You, the persons signing this Agreement on your behalf (“the Signatories”) hereby jointly and severally guarantee the payment on demand of all monies which are or shall hereafter become due to Us by You. This guarantee shall be a continuing guarantee and shall not be affected by Us giving time or any other indulgence to you, nor shall any of our rights to sue You be affected hereby.
12.1. This Agreement shall be governed and construed in accordance with the law of New South Wales and the parties hereby submitted to the jurisdiction of the Courts of that State.
13.1. We adhere fully to the new Privacy Amendment (Private Sector) Act 2001 Legislation that came into effect on 21st December 2001.
13.2. In the event that a bill is disputed by You, You agree to pay to us all the total amount as indicated on the disputed bill without deduction or set-off and We agree to refund to You any monies found to be charged incorrectly after reasonable and proper investigation.
14.1. You will supply without delay all the necessary information to check the worthiness of Your credit rating.
14.2. If We consider it relevant to assessing this application, You agree to Us obtaining from a credit-reporting agency a credit report containing personal information about You.
14.3. You agree that We may give to any credit provider & / or credit-reporting agency any information contained in the Application. You also agree that We may seek from any credit provider & / or credit-reporting agency any credit report (whether commercial for any named business entity, or consumer for any named individual) on all parties named in the application. You acknowledge & understand that such information can include any information regarding Your commercial or consumer credit worthiness, credit history or credit capacity that credit providers & / or credit reporting agencies are allowed to give or receive under the Privacy Act.
14.4. You authorise & permit Us to make independent enquiries of third parties concerning Your financial standing &, for this purpose, authorise & permit third parties to supply such information regardless of any confidentiality or privilege which applies to the information sought.