Terms & Conditions Townsville

2.1 No Contract shall come into existence until the Customer's order has been accepted by Denlyn Computers and such acceptance has been received by the customer. The contract shall as be deemed to be concluded at the time and place where such acceptance is received by the Customer. The Customer warrants that it is buying for its own internal use only and not for re-sale purposes.

2.2 The products sold and/or services rendered are subject to the Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by Customer. The Customer acknowledges that it is aware of the contents and agrees to be bound by the Terms and Conditions.

2.3 These Terms and Conditions are subject to the laws of Australia including without limitation the Trade Practices Act 1974 (the Act).

3.1 Unless credit terms have been expressly agreed by Denlyn Computers, payment for the products or services shall be made in full before physical delivery of products or services.

3.2 If paying by direct deposit, payment must be paid within seven working days as per invoice date.

3.3 Overdue amounts will incur a 10% penalty fee per reminder per month sent to customer. Denlyn Computers reserves the right to carry out penalty fees.

3.4 Customer shall pay for all shipping and handling charges.

3.5 Customer shall bear all country, provincial, government, state and local sales, use, goods and services, value added, excise, privilege and similar levies/taxes.

3.6 Denlyn Computers uses a motto stating “If we can’t fix it, you don’t pay”. Such motto is in accordance with our terms of business. If such work carried out for Customer confirms that product is unable to be repaired, the such motto will be enforced by Denlyn Computers. If product can be repaired but such costs involved deems it unwarranted or unjustifiable on the cost, then Denlyn Computers reserves the right to invoice customer for work carried out on the product at the rate of one hour only.

4.1 All software provided is subject to the terms and conditions of the license agreement relating to that software. Customer acknowledges its obligations to abide by such license agreements. Customer acknowledges that Denlyn Computers does not warrant any software under these Terms and Conditions. In addition to any rights the customer may have under statute, all software is warranted in accordance with the license agreement that governs its use.

4.2 All rights, title or interest in respect of the intellectual property rights in the software, remain with Denlyn Computers or the licensor of the software at all times.

5.1 Title to and risk in the products shall pass to the Customer upon delivery of the products to Customer. Title to those products, which are software, shall remain with the applicable licensor(s) at all times.

5.2 All software purchased by Customer is non-returnable.

6.1 Denlyn Computers shall deliver the products to the place of delivery designated by Customer and agreed to by Denlyn Computers ("Place of Delivery").

6.2 Denlyn Computers may, at its discretion, deliver the products by installments in any sequence. Where the products are so delivered by installments, each installment shall be deemed to be the subject of a separate contract and no default or failure by Denlyn Computers in respect of any one or more installments shall vitiate the Contract in respect of products previously delivered or undelivered products.

6.3 Any dates quoted by Denlyn Computers for the delivery of the products are approximate only and shall not form part of the Contract. Denlyn Computers shall not be liable for any delay in delivery of the products and/or services, howsoever caused.

6.4 Denlyn Computers may revise and/or discontinue services at any time without notice as part of Denlyn Computers policy of on-going product services and revision. Revised or updated services will have the functionality and performance of the services and/or products ordered. The Customer accepts that Denlyn Computers policy may result in differences between the specification of Products delivered to the Customer and the specification of Products ordered

7.1 Unless the Customer notifies Denlyn Computers to the contrary on the day of delivery and such notification is confirmed in writing within two days, the Products shall be deemed to have been accepted by the Customer as being in good condition and in accordance with the Contract. The Customer shall not be entitled to withhold payment of all or any of the price of the Products whilst any claim is being investigated by Denlyn Computers.

7.2 New Products (excluding secondhand products) purchased under these Terms and Conditions directly from Denlyn Computers by an end-user Customer may be returned by Customer up to fifteen (15) days from the date of the invoice for a replacement, refund or credit of the purchase price in accordance with Denlyn Computers "Satisfaction Policy" in effect in the Location on the date of the invoice. The refund or credit will not include any shipping and handling charges forming part of the purchase price. Returned Products must be received by Denlyn Computers in as-new condition, including conformance to invoiced specification, and all of the manuals, packaging, diskettes, CDs, power cables and other items included with a Product must be returned with it.

7.3 All products offered by Denlyn Computers to Customer shall be deemed accepted by Customer either by phone, email or in writing. Products also include request for information, common questions and/or assistance either by phone, email or in writing. Denlyn Computers reserves the right to invoice Customer if Denlyn Computers believes such work goes beyond one hour for non-customers. If such work requires more than one hour, Customer shall be invoiced at the rate noted on Denlyn Computers website. Denlyn Computers reserves the right to not notify Customer but also reserves the right to cancel such invoice if deemed necessary. If Customer agrees to payment of invoice, then such contract shall remain in place until paid in full.

7.4 A 10% late payment fee will take effect on all invoices if Denlyn Computers believes Customer may/will cease payment or refusal to pay such invoice. Late payment fee will be calculated on the overall invoice total once per month until paid in full. Denlyn Computers reserves the right to cancel any late payment fees if it deems necessary due to hardship by Customer. Customer must inform Denlyn Computers of hardship in writing showing proof of such hardship by means of official documents such as bank statements, over-due invoices etc etc. Over-due payments up to and including $25,000.00 will be enforced by a court of law in Australia in claiming unpaid invoices.

8.1 Unless specified otherwise and in addition to any rights the Customer may have under statute, Denlyn Computers warrants to the Customer that all branded Products, will be free from defects in materials and workmanship affecting normal use for a period of twelve months from invoice date ("Standard Warranty").

8.2 This Standard Warranty does not cover damage, fault, failure or malfunction due to external causes, including accident, abuse, misuse, problems with electrical power, servicing not authorized by Denlyn Computers, usage and/or storage and/or installation not in accordance with Product instructions, failure to perform required preventive maintenance, normal wear and tear, act of God, fire, flood, war, act of violence, virus infection, Trojan, spam, malware, spyware or any similar occurrence; any attempt by any person other than Denlyn Computers personnel or any person authorized by Denlyn Computers, to adjust, repair or support the Products and problems caused by use of parts and components not supplied by Denlyn Computers.

8.3 The Standard Warranty does not cover any items that are in one or more of the following categories: software; external devices; accessories or parts added to the Product after the Product is shipped from Denlyn Computers; accessories or parts supplied by Customer added to the Product by Denlyn Computers; accessories or parts that are not installed by Denlyn Computers; or third party products purchased by Customer.

8.4 During the six month period beginning on the invoice date, Denlyn Computers will repair or replace Products returned to Denlyn Computers. Customer must prepay shipping and transportation charges, and insure the shipment or accept the risk of loss or damage during such shipment and transportation. Denlyn Computers will ship the repaired or replacement products to Customer freight, prepaid.

8.5 While not affecting any non-excludable warranty or guarantee implied by law, Denlyn Computers does not give any warranty that the Products are fit for any particular purpose and this Standard Warranty is given in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade usage, course of dealing or otherwise including warranties or conditions of merchantability, fitness for purpose, satisfactory quality and/or compliance with description, all of which are hereby excluded to the fullest extent permitted by law.

8.6 The Customer agrees that to the extent permitted by law, in relation to third party products purchased through Denlyn Computers, where such of the Products are covered by a relevant manufacturer's warranty, then the Customer will first make a claim against the manufacturer and shall utilize that warranty for the support of such Products and in any event not look to Denlyn Computers for such warranty support in the first instance.

9.1 Denlyn Computers will provide general service and technical support to Customer in accordance with the then-current service and technical support policies in effect. Service and support offerings may vary from product to product. If Customer purchases optional services and support as listed on Customer's invoice, Denlyn Computers will provide the optional service and support to Customer in accordance with the then-current terms and conditions in the optional service contract between Denlyn Computers and Customer (available via phone upon request) in addition to the Standard Warranty. Denlyn Computers may, at its discretion, revise its general and optional service and support and the terms and conditions that govern them. Denlyn Computers has no obligation to provide service or support until Denlyn Computers has received full payment for the product or service/support contract for which service or support is requested.

9.2 Support via phone, email or in writing shall be offered to Customer for services involving purchases made by Customer. Such service will be carried out in no more than one hour. Phone support for such services extending beyond one hour shall be deemed a service and at the discretion of Denlyn Computers may cancel such invoice to Customer. If Customer agrees to payment of such service, such support requested by phone, email or in writing will begin a new Contract with Customer. If Customer refuses after receiving first invoice, Denlyn Computers reserves the right to cancel such Contract and no further Contracts will be accepted by Denlyn Computers to Customer until requested Contract is paid in full.

10.1 Denlyn Computers shall not be liable in contract or in tort for any loss or damage suffered and consumers rights are limited to those set out in these Terms and Conditions and under statute.

10.2 To the extent permitted by law and subject to clause 10.7, Denlyn Computers total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products and/or services under these Terms and Conditions.

10.3 The Customer shall indemnify Denlyn Computers and keep Denlyn Computers fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or willful misconduct of the Customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.

10.4 To the extent permitted by law, Denlyn Computers and Customer agree that Denlyn Computers will not be liable for Products not being available for use, or for data or software which is lost, corrupted, deleted or altered. Denlyn Computers shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services, even if Denlyn Computers has been advised of their possibility.

10.5 Any service response times stated by Denlyn Computers in the service contracts are approximate only and Denlyn Computers shall not be liable for any direct or indirect loss or damage arising from its failure to meet such response times, howsoever occasioned.

10.6 To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by Denlyn Computers shall be subject to correction without any liability on the part of Denlyn Computers.

10.7 Under the Act, where implied conditions and warranties cannot be excluded, Denlyn Computers liability for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at Denlyn Computers option, to :
(a) in the case of products, the replacement of the products or the supply of equivalent products; the repair of such products; the payment of the cost of replacing the products or of acquiring equivalent products; or the payment of the cost of having the products repaired; OR
(b) in the case of services, the supplying of services again; or the payment of the cost of having services supplied again.

11.1 Neither party shall be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party shall be entitled to a reasonable extension of time for the performance of such obligations.

12.1 The Customer acknowledges that the Products licensed or sold here-under, which may include technology and software, are not only subject to the export control laws and regulations of Australia ("AU") but may also be subject to the export control laws and regulations of the country in which the Products are received. The Customer agrees to abide by all applicable export control laws and regulations. Under such laws and regulations, the Products purchased may not be sold, leased or otherwise transferred to restricted end-users or to restricted countries.
In addition, the Products may not be sold, leased or otherwise transferred to, or utilized by, an end-user engaged in activities related to weapons of mass destruction, including but not necessarily limited to, activities related to the design, development, production or use of nuclear materials, nuclear facilities, or nuclear weapons, missiles or support of missile projects, or chemical or biological weapons. The Customer understands that applicable requirements or restrictions may vary depending on the Products delivered and may change over time and that, to determine the precise controls applicable to the Products acquired, it may be necessary to refer to relevant laws and regulations.

13.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia and shall be subject to the non-exclusive jurisdiction of the courts of Australia.

14.1 The Customer shall not assign or otherwise transfer any Contracts or any of its rights and obligations here-under whether in whole or in part without the prior written consent of Denlyn Computers. Any such unauthorized assignment shall be deemed null and void.

15.1 At the discretion of Denlyn Computers, call outs will be free of charge in the nominated areas as described on the service map. Denlyn Computers refuses the right of the free call outs inside this area as it sees fit and /or deemed unwarranted.

15.2 The service of the free call outs shall be deemed within the service area map. Free call outs outside of this area shall be deemed as a service and charges will apply.

15.3 Areas outside of such service map will be a service and charges may differ depending on distance, location, road conditions, weather condition etc.

15.4 All pricing for service call outs will be at the discretion of Denlyn Computers. Such pricing may or will include a minimal fee of one (1) hour and fuel excise taxes.

15.5 Denlyn Computers reserves the right to cancel any Call Out as it sees fit.

16.1 Denlyn Computers recognizes the importance of protecting the privacy of personally identifiable information collected from customer. The purpose of this Privacy Statement, the word customer includes account holders, purchasers and/or prospective sales. Also included, sales, quotes, repairs or upgrades of personal computers the customer delivers to Denlyn Computers or Denlyn Computers collects. Denlyn Computers is bound by the s100 Australian Privacy Act 1988 (Cth) in relation to the handling of personal information. Personal information may include personal documents on paper, IT or computer information forming parts of personal computers.

16.2 Denlyn Computers collects personal information when services provided to customer. Personal information is used for contact details only where invoices, quotes, Pro-forma invoices or general communications are to be sent or enquired.

16.3 Denlyn Computers collects personal information directly from customer although Denlyn Computers may use internet information to obtain ABN numbers or further contact details to supplement required records.

16.4 Denlyn Computers collects personal information such as name, address, telephone number, and in some instances, financial details. Denlyn Computers does not collect sensitive information unless approved by customer in written form.

16.5 Denlyn Computers will use customer information to provide administrative functions associated with these services. Services include billing, contracts, invoices, quotes and client relationship purposes.

16.6 Denlyn Computers does not disclose customer information to third party services. Third party services include Marketing, advertising, other businesses, internet services and/or sales companies.

16.7 Denlyn Computers may collect and use certain non-personal information. Non-personal information includes identity of customer internet browser, type of operating system, IP address, internet service provider, hardware installed and software installed to optimise our goods and services with Denlyn Computers only.

16.8 To ensure the security, integrity and privacy of personally identifiable information of customer, Denlyn Computers uses a variety of physical and electronic security measures including restricting physical access to our offices and firewalls and secure databases to keep personal information secure from misuse, loss or unauthorised use or disclosure.

16.9 Denlyn Computers cannot be held responsible for loss of data transmission over the Internet. Internet includes instant messenger services, email and/or social utilities such as Facebook, Windows Live Spaces and any other form of chatrooms associated with direct communication via the internet.

16.10 Customer has sole right to access personal information Denlyn Computers holds and/or retains. Denlyn Computers has the right to refuse access to sensitive information of customer if Denlyn Computers believes customer is not whom they are to be. Denlyn Computers has the right to ask for proof of ownership by way of some form of identification such as driver’s license.

16.11 All requests for personal information must be done in person. Denlyn Computers reserves the right to refuse such requests via phone. Such requests are at the discretion of Denlyn Computers.

16.12 Information posted on bulletin boards and/or communicated in chat areas becomes public information. While Denlyn Computers endeavours to protect and respect customer privacy, Denlyn Computers cannot guarantee the security of any information customer discloses in a chat room or bulletin board.

16.13 Denlyn Computers website uses cookies. Cookies are data that a web site transfers to an individual's hard drive for record-keeping purposes. Cookies can facilitate a user's ongoing access to and use of a site. Denlyn Computers does not use cookies to track usage patterns and to compile data that may assist Denlyn Computers to improve content and advertising. If customer does not want information collected through the use of cookies, a simple procedure in most browsers allows customer to deny or accept the cookie feature. Disabling cookies will affect all internet travelling, so Denlyn Computers recommends the disabling of cookies for particular sites. Please note that cookies may be necessary to provide customer with features such as merchandise transactions or registered services.

16.14 Denlyn Computers may establish relationships with business partners that allow visitors to our internet site to link directly to sites operated by these partners. Some of these sites may be "co-branded" with our logo; however, these sites may not be operated or maintained by or on our behalf. These sites may collect personal information from customer that may be shared. Privacy Statements of other websites is bound at their own discretion and will apply to any personal information customer submits.

16.15 Denlyn Computers is not responsible for the content or practices of web sites operated by third parties that are linked to our site. These links are meant for the user's convenience only. Links to third party sites do not constitute sponsorship, endorsement or approval by Denlyn Computers of the content, policies or practices of those third party sites. Once you have left our site via such a link, you should check the applicable privacy policy of the third party site.

16.16 It is customer discretion to close their browser when finishing user session on Denlyn Computers website. No personal information is available on Denlyn Computers website. Customer, as an individual, is responsible for the security of and access to their own computer.

16.17 There are no downloadable programs or files on Denlyn Computers website. All such programs or files are down-loadable from third party sites only. It is the sole responsibility of customer to ensure they have antivirus protection to avoid infection of virus's, Trojans, malware, spam, web page hijackers etc. Denlyn Computers holds no responsibility for infected programs or files downloaded by customer from third party sites. Denlyn Computers holds no responsibility for downloaded programs or files from third party sites that are corrupted, incomplete or incompatible. It is the sole responsibility of customer to ensure programs or files are suitable for the operating system customer has.

16.18 Whenever customer voluntarily discloses personal information over the Internet, this information can be collected and used by others. If customer posts personal information in publicly accessible online forums, customer may receive unsolicited messages from other parties in return. Customer is solely responsible for maintaining the secrecy of usernames and passwords and any account information.

17.1 A payment of an advance fee, deposit fee or payment online is deemed an acceptance of our terms and conditions, a copy of which is available via our website any time.

17.2 Charges for the services to be provided by Denlyn Computers are defined in the project quotation that Customer receives via e-mail, post or verbally. Quotations are valid for a period of 30 days. Denlyn Computers reserves the right to change and edit the quotation after expiry of the 30 days.

17.3 Charges and payments quoted by Denlyn Computers require advance payment;
(a) Minimum of fifty (50) percent of the project quotation total before the work is commenced and submitted to the Customer for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to the project being set live on their web host. Charges for the project does not cover sources such as JPG, JPEG, GIF, PNG, FLA, MPEG, MP3, MP4 etc etc. Such sources are classed as image or media and belong to the intellectual rights owner. If such sources are provided by Customer, all intellectual rights belong to Customer. If no sources are supplied by Customer, it is Customers responsibility to remove such sources and replace with their own sources.
(b) Payment for services will be carried out by cash, cheque or direct deposit. Cheques will require clearance before work commences Items in a quotation provided by Denlyn Computers are fixed price based on requirements and information provided. No extra charges will be incurred to complete any quoted items unless further requirements or information is provided to Denlyn Computers by Customer which significantly changes the quoted item. Any extra charges will be quoted to Customer prior to commencement of the quoted item.

17.4 Where consultations are required between Denlyn Computers and Customer, charges may apply. Consultations which occur at Denlyn Computers or by telephone, consultations are free of charge. Consultations which are required to take place at Customer's premises may incur a consultation fee. Any consultation fees which may incur will be advised prior to a consultation.

17.5 Denlyn Computers will provide Customer with regular updates and reviews for layout and appearance of the website design. If Customer is unable to visit Denlyn Computers, Customer can view the work in progress, on the designated website chosen by Denlyn Computers. Once finalized and approved by Customer, Customer’s website will not be amended without additional cost to the Customer. At the completion of the contract, such materials will be deemed to be accepted and approved unless Customer notifies Denlyn Computers within ten (10) days of the date the materials are made available to the Customer, for any errors.

17.6 Completion time will be done at the discretion of Denlyn Computers. All reasonable efforts for completion will be provided for Customer by the agreed date. Denlyn Computers reserves the right to change such completion dates. Denlyn Computers may request Customer to delegate a 'First-point-of-call' to aid in the design of the website where Customer has full knowledge of what is required. During the contract, Denlyn Computers will require the Customer to provide text copies and content images. If no images or media is supplied, Denlyn Computers will use copyright material to keep within the completion date. (refer section 17.3)
Under the method of payment (refer section 17.3), if content is not provided within two (2) weeks of an official request by email, Denlyn Computers reserves the right to advise Customer of a revision to the final payment fee based on new or revised pricing schedules. If content is not provided within eight (8) weeks from the original email request, then Customer is considered to be in default and the contract will be terminated and the Customer refunded excepting for work already done. Final invoice sent is for immediate payment. Denlyn Computers reserves the right, at its discretion, to recommence the project after agreement is reached on a new quotation document and once the new deposits have been paid.

17.7 Any additional items, pages or other features requested by Customer to be included in an already quoted or invoiced contract will be assessed by Denlyn Computers. If agreed upon such invoice will be done separately and payment to be made straight away as it falls outside of the current contract.

17.8 Termination of services must be requested in writing and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured. Upon termination of services, refunds will incur a 10% cancellation fee and payment deducted for work carried out on the contract. Deductions on the refund will be based on the standard rate of payment deemed by Denlyn Computers.

17.9 Any and all designs, files, layouts and other items related to Contract is the property of Denlyn Computers until paid in full. Ownership of contract is transferred from Denlyn Computers to Customer upon final payment of Contract.

17.10 After full payment has been made, Customer retains the copyright to data, files and graphic logos provided by Customer. Customer must obtain permission and rights to use any information or files that are third party copyright. (refer section 17.3) Customer is responsible for granting Denlyn Computers permission and rights for use of the same and agrees to indemnify Denlyn Computers from any and all claims resulting from the Customer's negligence or inability to obtain proper copyright permissions. Denlyn Computers reserves the right to request evidence of permissions and authorities.

17.10 Any functions, coding, programming or other systems created by Denlyn Computers which controls Customers website design contract remains the property of Denlyn Computers at all times. Upon final payment of the website design contract, Customer becomes the owner of the style, layout, general design and graphic design of the website design only. Customer also retains ownership of all the content placed onto the website design. The content, style and design on the website design will be made available should Customer elect in writing.

17.11 Unless otherwise specified in the contract quotation, this Agreement assumes that any text will be provided by Customer in electronic format (ASCII text files delivered on disc or via e-mail) and that all photographs and other graphics will be provided electronically in .GIF, .JPEG, JPG, .PNG or .TIFF format. Images and photographs requiring enhancements, adjustments or sizing will incur further charges. Documents provided in hard copy requiring re-typing may incur further charges also. Although every reasonable attempt shall be made by Denlyn Computers to return to the Customer any images or printed material provided for use in creation of Customer's web site, such return cannot be guaranteed.

17.12 Design credits, which is a link to the original designer of the website will appear in small type at the bottom of Customer's web site. If a graphic is used, it will be designed to fit in with the overall site design. The design credit will be in the terms of “Designed by…….” and does not impede the use of the website for Customer as it is a hyperlink back to the designer of the website, in this case, Denlyn Computers. The design credit must not be removed without strict permission of Denlyn Computers.

17.13 If Customer's web site is to be installed on a third-party server, Denlyn Computers must be granted temporary read/write access to Customer's storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the contract, other resources might also need to be configured on the server which may incur further charges by Customers third-party server provider.

17.14 Denlyn Computers accepts no responsibility for any alterations caused by a third party occurring to Customer's pages once installed. Such alterations include, but not limited to additions, modifications or deletions. If Customer does such alterations and requires assistance to repair or fix the issue, fees will apply.

17.15 Denlyn Computers may purchase domain names and web hosting on behalf of Customer. All costs are to be made prior by Customer to Denlyn Computers. Renewal payments of domain names and web hosting then become the responsibility of Customer. All passwords and access information become Customer’s property. The loss, cancellation or otherwise of the domain and web hosting brought about by non or late payment is not the responsibility of Denlyn Computers.

17.16 Denlyn Computers will not use other than for this agreement only, disclose to any third party any knowledge or information obtained by or imparted to during or in connection with the fulfillment of this agreement. The agreement of this confidence will cease to apply regarding any information Denlyn Computers is required to disclose by law.

17.17 Terms and Conditions for Website Design / Graphic Design, Customer's signature or payment of an advance fee constitutes agreement to and acceptance of the Contract. Payment online is an acceptance of Contract. Denlyn Computers reserves the right to change any part of Contract only with consent of Customer.

17.18 This Agreement shall be governed by Australian law.