Terms & Conditions

  1. Definitions
    1.1 “CT” means CRUD Pty Ltd (as Trustee for The Brady Family Trust) T/A Computer Troubleshooters – Hills District, its
    successors and assigns or any person acting on behalf of and with the authority of CRUD Pty Ltd (as Trustee for The Brady Family
    Trust) T/A Computer Troubleshooters – Hills District.
    1.2 “Client” means the person/s requesting CT to provide the Services as specified in any invoice, document or order, and if there
    more than one person requesting the Services is a reference to each person jointly and severally.
    1.3 “Services” means all Services (which includes any advice or recommendations, installation of Goods, hosting services (which
    includes virtual server hosting, web site hosting, e-mail hosting, etc.), product support, etc.) provided by CT to the Client at the
    Client’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the
    other).
    1.4 “Price” shall mean the cost of the Services as agreed between CT and the Client subject to clause 4 of this contract.
    1.5 “Confidential Information” means information of a confidential nature whether oral, written or in electronic form including,
    but not limited to, this agreement, a party’s Intellectual Property, operational information, know-how, trade secrets, financial and
    commercial affairs, contracts, client information and pricing details.
    2. Acceptance
    2.1 The Client is taken to have exclusively accepted and both parties are immediately bound, jointly and severally, by these terms
    and conditions if the Client places an order for, and CT accepts such order (in writing), and CT supplies, and the Client accepts, the
    Services supplied by CT in accordance with the Client’s order.
    2.2 These terms and conditions may only be amended with CT’s consent in writing and shall prevail to the extent of any
    inconsistency with any other document or agreement between the Client and CT.
    2.3 None of CT’s agents or representatives are authorised to make any representations, statements, conditions or agreements not
    expressed by the manager of CT in writing nor is CT bound by any such unauthorised statements.
    2.4 Once accepted by the Client, CT’s written estimate shall be deemed to interpret correctly the Client’s instructions, whether
    written or verbal. Where verbal instructions only are received from the Client, CT shall not be responsible for errors or omissions
    due to oversight or misinterpretation of those instructions.
    2.5 Any advice, recommendations, information, assistance or service provided by CT in relation to Services supplied is given in
    good faith, is based on information provided to CT, and CT’s own knowledge, and experience. Whilst it shall be the responsibility
    of the Client to confirm the accuracy and reliability of the same in light of the use to which the Client makes or intends to make of
    the Services, human error is possible under these circumstances, and CT shall make all effort to offer the best solution to the Client.
    3. Electronic Transactions Act
    3.1 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of
    the Electronic Transactions Act 2000 (NSW & SA), the Electronic Transactions Act 2001 (ACT), the Electronic Transactions
    (Victoria) Act 2000, the Electronic Transactions Act 2003 (WA), the Electronic Transactions (Northern Territory) Act 2000,
    Section 14 of the Electronic Transactions (Queensland) Act 2001, Section 7 of the Electronic Transactions Act 2000 (TAS)
    (whichever is applicable), or any other applicable provisions of that Act or any Regulations referred to in that Act.
    4. Change in Control
    4.1 The Client shall give CT not less than fourteen (14) days prior written notice of any proposed change of ownership of the
    Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact
    phone or fax number/s, or business practice). The Client shall be liable for any loss incurred by CT as a result of the Client’s failure
    to comply with this clause.
    5. Price and Payment
    5.1 At CT’s sole discretion the Price shall be either:

(a)            as indicated on any invoice provided by CT to the Client; or

(b) for all Services provided on an hourly basis, charged at CT’s current rates; or

(c)            CT’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of fourteen (14) days.
5.2 CT reserves the right to vary the Price:
(a) if a variation to the plan of scheduled Services, or Client specifications is requested (including, but not limited to, additional
work required due to hidden or unidentifiable difficulties not evident prior to commencement of the Services, any request to
investigate and/or repair any faults or defects outside CT’s normal business hours);
(b) as a result of increases beyond CT’s reasonable control in the cost of materials or labour (e.g. third-party network operator or
CT costs (e.g. google), etc.
5.3 At CT’s sole discretion, a non-refundable deposit may be required prior to provision of the Services.
5.4 Time for payment for the Services being of the essence, the Price will be payable by the Client on the date/s determined by CT,
which may be:
(a) prior to provision of the Services;
(b) on provision of the Services;
(c) by monthly payments/instalments;
(d) the date specified on any invoice or other form as being the date for payment; or
(e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by CT.
5.5 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (plus a surcharge of up to three
percent (3%) of the Price for any Amex transaction), or by any other method as agreed to between the Client and CT.
5.6 Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to CT an amount equal to
any GST CT must pay for any provision of Services by CT under this or any other agreement. The Client must pay GST, without
deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition the Client
must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the
Price.
6. Additional Services
6.1 All work carried out whether experimentally or otherwise at the Client’s request will be charged to the Client.
6.2 Where the performance of any contract with the Client requires CT to obtain products and/or services from a third party, the
contract between CT and the Client shall incorporate, and shall be subject to, the conditions of supply of such products and/or
services to CT, and the Client shall be liable for the cost in full including CT’s margin of such products and/or services.
7. Provision of Services
7.1 Any time specified by CT for provision of the Services is an estimate only and CT will make best efforts to ensure that the
Client receives continual and uninterrupted Services during the term of this agreement; however CT will not be liable for any loss
or damage incurred by the Client as a result of provision being late. However both parties agree that they shall make every
endeavour to enable the Services to be provided at the time and place as was arranged between both parties. In the event that CT is
unable to provide the Services as agreed solely due to any action or inaction of the Client then CT shall be entitled to charge a
reasonable fee for re-providing the Services at a later time and date.
7.2 The Services are supplied on the basis of specifications, information and instructions provided by the Client to CT (whether
written or verbal). The Client acknowledges that it is their responsibility to ensure that such are detailed sufficiently to satisfy CT’s
requirements of interpretation and understanding, as once accepted by the Client, CT’s quotation shall be deemed to interpret
correctly those specifications, information and instructions. Therefore, CT shall not accept any liability for the provision of Services
contrary to the Client’s intention, or errors or omissions in the Services, due to insufficient or inadequate provision of detailed
specifications, information and instructions by the Client or oversight or misinterpretation thereof, and CT may charge the Client
additional costs incurred thereby in remedying the Services, and if reasonably practical, will notify the Client of such costs before
they are incurred and the Client agrees to them.
7.3 Where the performance of any contract with the Client requires CT to obtain products and/or services from a third party, the
contract between CT and the Client shall incorporate, and shall be subject to, the conditions of supply of such products and/or
services to CT, and the Client shall be liable for the cost in full including CT’s margin of such products and/or services.
7.4 The Client acknowledges that items presented for repair may be replaced by refurbished Goods of the same type rather than
being repaired.
8. Repair Notice
8.1 If the Client is a consumer within the meaning of the CCA, this clause constitutes a Repair Notice given under the Australian
Consumer Law (“ACL”), and the Client acknowledges that:
(a) the repair of goods may result in the loss of any files stored on the hard drive, etc. (“User-Generated Data”). It is the sole
responsibility of the Client to back-up any User-Generated Data which they believe to be important, valuable, or irreplaceable prior
to submitting the goods for repair; and
(b) goods presented for repair may be replaced by refurbished Goods of the same type rather than being repaired. Refurbished
parts may be used to repair the goods.
9. Client’s Property and Materials
9.1 In the case of property and materials left with CT without specific instructions, CT shall be free to dispose of them at the end
of three (3) months after CT receiving them and to accept and retain the proceeds, if any, to cover CT’s own costs in holding and
handling them.
9.2 Where materials or equipment are supplied by the Client, CT accepts no responsibility for imperfect work caused by defects in
or unsuitability of such materials or equipment.
10. Risk and Limitation of Liability
10.1 CT, its directors, agents or employees will not be liable in any way for any form of loss or damage of any nature whatsoever
suffered, whether arising directly or indirectly, by the Client or any person related to or dealing with the Client out of, in connection
with or reasonably incidental to the provision of the Services by CT to the Client.
10.2 The Client acknowledges and agrees that CT shall not be held responsible or liable for:
(a) anything related to the Web Site, Hosting Services or any other Services provided;
(b) any supplied content breaching any Acts, legislation or regulations, unless due to the negligence of CT;
(c) any loss, corruption, or deletion of files or data (including, but not limited to software programmes) resulting from illegal
hacking or Services provided by CT. Whilst CT will endeavour to restore files or data (at the Client’s cost), it is the sole
responsibility of the Client to back-up any data as per clause 8.1(a). The Client accepts full responsibility for the Client’s software
and data and CT is not required to advise or remind the Client of appropriate backup procedures;
(d) any unlicensed software, data loss or problems arising caused by the user or software.
10.3 The Client acknowledges that any advice or recommendations by CT are provided on the basis of CT’s industry knowledge
and experience only and shall not be deemed as specialist advice.
10.4 CT, its directors, agents or employees will not be liable in any way for any form of loss or damage of any nature whatsoever
suffered, whether arising directly or indirectly, by the Client or any person related to or dealing with the Client out of, in connection
with or reasonably incidental to the provision of the Services by CT to the Client.
10.5 The Services are provided on an “as is, as available” basis. CT specifically disclaims any other warranty, express or implied,
including any warranty of merchantability or fitness for a particular purpose.
11. Managed Services
11.1 The Services:
(a) CT does not have the authority to make purchases of Goods or perform Services for the Client unless approved by the Client in
advance;
(b) The Client understands that any and all services requested by the Client that fall outside the terms of this agreement will be
considered as service requests, this includes work arising from the monitoring and alerting, and will be quoted and billed as separate
(see clause 5.2), individual services;
(c) The parties recognise that operating the Client’s computer systems and network (“Technology System”) requires regular
supervision, maintenance, upgrades, training and research, and the Client can benefit from managed technical support. Therefore,
the Client agrees to appoint CT as their IT management staff via this agreement. The Client understands that following the advice
and instructions of CT in regard to the Technology System is vital in order to maintain its integrity;
(d) The Client gives CT the authority to make changes to the tools, programs and methods in which the Services are delivered. If a
remote control system is required to make those changes then prior permission will be sought or seven (7) days’ notice given. These
changes may be chargeable as separate services.
11.2 Normal Working Hours:
(a) Services may be requested outside of the hours of 9:00am to 5:00pm Monday through Friday, and including all public holidays
by prior arrangement, but may be subject to additional charges.
12. Defects, Warranties and the Competition and Consumer Act 2010 (CCA)
12.1 The Client must inspect CT’s Services on completion and must within three (3) days notify CT in writing of any evident defect
in the Services provided (including CT’s workmanship) or of any other failure by CT to comply with the description of, or quote
for, the Services which CT was to provide. The Client must notify any other alleged defect in CT’s Services as soon as is
reasonably possible after any such defect becomes evident. Upon such notification the Client must allow CT to review the Services
that were provided.
12.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied
guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms
and conditions (Non-Excluded Guarantees).
12.3 CT acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
12.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, CT makes no
warranties or other representations under these terms and conditions including, but not limited to, the quality or suitability of the
Services. CT’s liability in respect of these warranties is limited to the fullest extent permitted by law.
12.5 If the Client is a consumer within the meaning of the CCA, CT’s liability is limited to the extent permitted by section 64A of
Schedule 2.
12.6 If CT is required to rectify, re-provide, or pay the cost of re-providing the Services under this clause or the CCA, but is unable
to do so, then CT may refund any money the Client has paid for the Services but only to the extent that such refund shall take into
account the value of Services which have been provided to the Client which were not defective.
12.7 CT reserves the right to charge an inspection fee if Goods/Services which are the subject of a claim under this clause 12 are
found to be free of defect.
12.8 All delivery, freight, reconfiguration and installation costs associated with claiming under this clause 12 are the responsibility
of the Client.
12.9 If the Client is not a consumer within the meaning of the CCA, CT’s liability for any defective Services is:
(a) limited to the value of any express warranty or warranty card provided to the Client by CT at CT’s sole discretion;
(b) otherwise negated absolutely.
12.10 Notwithstanding clauses 12.1 to 12.7 but subject to the CCA, CT shall not be liable for any defect or damage which
may be caused or partly caused by or arise as a result of:
(a) the Client failing to properly maintain or store the Services;
(b) the Client using the Services for any purpose other than that for which they were designed;
(c) the Client continuing to use any Services after any defect became apparent or should have become apparent to a reasonably
prudent operator or user;
(d) interference with the Services by the Client or any third party without CT’s prior approval;
(e) the Client failing to follow any instructions or guidelines provided by CT;
(f) fair wear and tear (including the fading of inks), any accident, or act of God.
13. Title
13.1 CT and the Client agree that the Client’s obligations to CT for the provision of Services shall not cease (and ownership of any
Goods shall not pass) until:
(a) the Client has paid CT all amounts owing to CT for the Services; and
(b) the Client has met all other obligations due by the Client to CT in respect of all contracts between CT and the Client.
13.2 Receipt by CT of any form of payment other than cash shall not be deemed to be payment until that form of payment has been
honoured, cleared or recognised, and until then CT’s ownership or rights in respect of the Services shall continue.
13.3 It is further agreed that:
(a) until ownership of the Goods passes to the Client in accordance with clause 13.1 that the Client is only a bailee of the Goods
and must return the Goods to CT on request.
(b) the Client holds the benefit of the Client’s insurance of the Goods on trust for CT and must pay to CT the proceeds of any
insurance in the event of the Goods being lost, damaged or destroyed.
(c) the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business
and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of
any such act on trust for CT and must pay or deliver the proceeds to CT on demand.
(d) the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client
holds the resulting product on trust for the benefit of CT and must sell, dispose of or return the resulting product to CT as it so
directs.
(e) the Client irrevocably authorises CT to enter any premises where CT believes the Goods are kept and recover possession of the
Goods.
(f) CT may recover possession of any Goods in transit whether or not delivery has occurred.
(g) the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the
Goods while they remain the property of CT.
(h) CT may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not
passed to the Client.
14. Personal Property Securities Act 2009 (“PPSA”)
14.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given
to it by the PPSA.
14.2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions
constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods and/or all collateral
(account) – being a monetary obligation of the Client for the Services – that have previously been provided, and that will be
provided in the future, by CT to the Client.
14.3 The Client undertakes to:
(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and
up-to-date in all respects) which CT may reasonably require to;
(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property
Securities Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause 14.3(a)(i) or 14.3(a)(ii);
(b) indemnify, and upon demand reimburse, CT for all expenses incurred in registering a financing statement or financing change
statement on the Personal Property Securities Register established by the PPSA or releasing any registration made thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of CT;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or
collateral (account) in favour of a third party without the prior written consent of CT.
14.4 CT and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these
terms and conditions.
14.5 The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
14.6 The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
14.7 Unless otherwise agreed to in writing by CT, the Client waives their right to receive a verification statement in accordance
with section 157 of the PPSA.
14.8 The Client must unconditionally ratify any actions taken by CT under clauses 14.3 to 14.5.
14.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of
contracting out of any of the provisions of the PPSA.
15. Security and Charge
15.1 In consideration of CT agreeing to provide Services, the Client charges all of its rights, title and interest (whether joint or
several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the
performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any
money).
15.2 The Client indemnifies CT from and against all CT’s costs and disbursements including legal costs on a solicitor and own
client basis incurred in exercising CT’s rights under this clause.
15.3 The Client irrevocably appoints CT and each director of CT as the Client’s true and lawful attorney/s to perform all necessary
acts to give effect to the provisions of this clause 15 including, but not limited to, signing any document on the Client’s behalf.
16. Intellectual Property
16.1 Any Intellectual Property owned by either party prior to entry into this agreement, or developed independently of thereof by
either party, will continue to be owned by that party.
16.2 The Client acknowledges that:
(a) CT either owns the Intellectual Property rights in the Services provided to the Client or, where CT uses any Intellectual
Property belonging to anyone else, CT has a licence to do so and
(b) none of CT’s Intellectual Property rights are transferred to the Client and, unless specifically authorised by this agreement, the
Client cannot and will not use or reproduce such Intellectual Property for any purpose outside this agreement.
16.3 All Intellectual Property rights in any improvements or changes to the Services (or part thereof), devised or made by anyone,
during the time CT is providing the Services belongs to CT.
16.4 The Client warrants that all designs or instructions to CT will not cause CT to infringe any patent, registered design or
trademark in the execution of the Client’s order. Furthermore, the Client agrees to indemnify, defend, and hold CT harmless from
all loss incurred or suffered by CT arising from any claims (including third party claims) or demands against them where such loss
was caused by any infringement or alleged infringement of any person’s Intellectual Property right by the Client during the use of
the Services.
17. Default and Consequences of Default
17.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of
five percent (5%) per calendar month (and at CT’s sole discretion such interest shall compound monthly at such a rate) after as well
as before any judgment.
17.2 If the Client owes CT any money the Client shall indemnify CT from and against all costs and disbursements incurred by CT
in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, CT’s
contract default fee, and bank dishonour fees, included a fee of eighty dollars ($80.00) for any dishonoured cheques).
17.3 Without prejudice to any other remedies CT may have, if at any time the Client is in breach of any obligation (including those
relating to payment, whether or not the payment is due to CT) CT may suspend or terminate the provision of Services to the Client,
(this includes but is not restricted to, hosting Services, or retaining/withholding details, passwords, and other information pertaining
to the Client and the Services) and any of its other obligations under the terms and conditions. CT will not be liable to the Client for
any loss or damage the Client suffers because CT has exercised its rights under this clause.
17.4 Without prejudice to CT’s other remedies at law CT shall be entitled to cancel all or any part of any order of the Client which
remains unfulfilled and all amounts owing to CT shall, whether or not due for payment, become immediately payable if:

(a)            any money payable to CT becomes overdue, or in CT’s opinion the Client will be unable to make a payment when it falls due;

(b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or

makes an assignment for the benefit of its creditors; or

(c)            a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
18. Confidentiality
18.1 Subject to clause 18.2, each party agrees to treat as confidential the other party’s Confidential Information, and agree not to
divulge it to any third party, without the other party’s written consent.
18.2 Both parties agree to:
(a) use the Confidential Information of the other party only to the extent required for the purpose it was provided;
(b) not copy or reproduce any of the Confidential Information of the other party in any way;
(c) only disclose the other party’s Confidential Information to:
(i) employees and contractors who need access to the information and who have agreed to keep it confidential;
(ii) its legal advisers and insurance providers if those persons undertake to keep such information confidential; and
(d) not disclose the other party’s Confidential Information to any person not referred to in this clause except with the other party’s
prior written consent or if required by law, any stock exchange or any Regulator.
18.3 Either party must promptly return or destroy all Confidential Information of the other party in its possession or control at the
other party’s request unless required by law to retain it.
18.4 Confidential Information excludes information:
(a) generally available in the public domain (without unauthorised disclosure under this agreement);
(b) received from a third party entitled to disclose it;
(c) that is independently developed.
19. CT’s Employees
19.1 The Client agrees not to employ, contract, subcontract or utilise in any way an employee or past employee of CT (other than
through CT) for a period of no less than twelve (12) months after that employee’s last employment with CT.
19.2 The Client agrees that if clause 19.1 is contravened CT will be able to invoice the Client at its current hourly rate the hours that
the employee has been employed, contracted, subcontracted or utilised in any way by the Client and agrees to pay said invoice in
accordance with the standard payment terms contained in this contract.
20. Cancellation
20.1 CT may cancel any contract to which these terms and conditions apply or cancel provision of the Services at any time before
the Services have commenced by giving written notice to the Client. On giving such notice CT shall repay to the Client any money
paid by the Client for the Services. CT shall not be liable for any loss or damage whatsoever arising from such cancellation.
20.2 In the event that the Client cancels provision of the Services, the Client shall be required to give CT at least twenty-four (24)
hours’ notice prior to the scheduled appointment or the Client shall be liable for a cancellation fee equal to one (1) hour at the
applicable rate for the schedule Services, plus any and all loss incurred (whether direct or indirect) by CT as a direct result of the
cancellation (including, but not limited to, any loss of profits).
21. Suspension and Termination
21.1 In the event the Client is in material breach of this agreement (including by non-payment of the Charges when due) CT has the
right to suspend performance of any or all of their obligations under this agreement if the Client fails to comply with CT’s written
notice requiring the remedy of such breach by the date specified therein.
21.2 Either party may terminate the Services on written notice where:
(a) the other party has materially breached this agreement as it relates to the Services and, if that breach is capable of remedy, has
failed to remedy the breach within twenty (20) business days of receipt of written notice from the non-defaulting party requiring the
breach to be remedied; or
(b) the other party suffers an insolvency event, where an administrator, liquidator, receiver, manager and receiver or any other
administrator is appointed over the assets of the business of the entity, or if the entity enters into any composition with its creditors.
21.3 CT may terminate any agreement to which these terms and conditions apply, or cancel provision of Services at any time by
giving written notice to the Client:

(a)            either in whole or in part, if the Client materially breach this agreement and, if that breach is capable of remedy, the Client has

failed to remedy such breach within twenty (20) business days of receipt of written notice requiring the breach to be remedied; or

(b) if CT is required to do so by law; and

(c)            on giving such notice CT shall repay to the Client any money paid thereby for the Services, less any amount owing to CT by the Client for Services already provided. CT shall not be liable for any loss or damage whatsoever arising from such termination.
21.4 In the event that the Client terminates this agreement (excluding where terminated as per clause 21.2), the Client must provide
CT with sixty (60) days prior written notification. The Client shall be liable for any and all loss incurred (whether direct or indirect)
by CT as a direct result of the termination (including, but not limited to, any loss of profits) and the Client shall be liable for the
payment of a cancellation fee in the event the Client cancels all or part of the Services, or this agreement, without providing CT
with proper notification (as specified herein).
22. Privacy Act 1988
22.1 The Client agrees for CT to obtain from a credit reporting body (CRB) a credit report containing personal credit information
(e.g. name, address (including email address), D.O.B, occupation, previous credit applications, credit history) about the Client in
relation to credit provided by CT.
22.2 The Client agrees that CT may exchange information about the Client with those credit providers and with related body
corporates for the following purposes:
(a) to assess an application by the Client; and/or
(b) to notify other credit providers of a default by the Client; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with
other credit providers; and/or
(d) to assess the creditworthiness of the Client including the Client’s repayment history in the preceding two years.
22.3 The Client consents to CT being given a consumer credit report to collect overdue payment on commercial credit.
22.4 The Client agrees that personal credit information provided may be used and retained by CT for the following purposes (and
for other agreed purposes or required by):
(a) the provision of Services; and/or
(b) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Services; and/or
(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
(d) enabling the collection of amounts outstanding in relation to the Services; and/or
(e) direct marketing, either by CT or by a third party authorised by CT.
22.5 CT may give information about the Client to a CRB for the following purposes:
(a) to obtain a consumer credit report;
(b) allow the CRB to create or maintain a credit information file about the Client including credit history.
22.6 The information given to the CRB may include:
(a) personal information as outlined in 22.1 above;
(b) name of the credit provider and that CT is a current credit provider to the Client;
(c) whether the credit provider is a licensee;
(d) type of consumer credit;
(e) details concerning the Client’s application for credit or commercial credit (e.g. date of commencement/termination of the credit
account and the amount requested);
(f) advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than
sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or
alternatively that the Client no longer has any overdue accounts and CT has been paid or otherwise discharged and all details
surrounding that discharge(e.g. dates of payments);
(g) information that, in the opinion of CT, the Client has committed a serious credit infringement;
(h) advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
22.7 The Client shall have the right to request (by e-mail) from CT:
(a) a copy of the information about the Client retained by CT and the right to request that CT correct any incorrect information;
and
(b) that CT does not disclose any personal information about the Client for the purpose of direct marketing.
22.8 CT will destroy personal information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in
order to fulfil the obligations of this agreement or is required to be maintained and/or stored in accordance with the law.
22.9 The Client can make a privacy complaint by contacting CT via e-mail. CT will respond to that complaint within seven (7) days
of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the
complaint. In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the
Information Commissioner at www.oaic.gov.au.
23. General
23.1 The failure by CT to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor
shall it affect CT’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void,
illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected,
prejudiced or impaired.
23.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales, the State
in which CT has its principal place of business, and are subject to the jurisdiction of the Parramatta Courts in that state.
23.3 Subject to clause 12, CT shall be under no liability whatsoever to the Client for any indirect, special and/or consequential loss
and/or expense (including loss of profit, revenue, business, contracts or anticipated savings) suffered by the Client, or any loss or
expense resulting from a claim by any third party, arising out of a breach by CT of these terms and conditions (alternatively CT’s
liability shall be limited to damages which under no circumstances shall exceed the Price).
23.4 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client
by CT nor to withhold payment of any invoice because part of that invoice is in dispute.
23.5 CT may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
23.6 The Client agrees that CT may amend these terms and conditions at any time. If CT makes a change to these terms and
conditions, then that change will take effect from the date on which CT notifies the Client of such change. The Client will be taken
to have accepted such changes if the Client makes a further request for CT to provide Services to the Client.
23.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood,
storm or other event beyond the reasonable control of either party.
23.8 The Client warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it
to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.