TERMS OF TRADE

1. Definitions
“Supplier” means The Trustee for THE CMC TRUST/ Computer Man Consultancy Trading as Cloud Remedy
ABN 48 185 112 796
“Customer” means the person, business or entity acquiring goods or services from the Supplier.
“Goods” means equipment, hardware, software or other products supplied by the Supplier.
“Services” means IT services, telecommunications services, cloud services, hosting services, managed services, consulting or related services supplied by the Supplier.

2. Acceptance
By requesting, purchasing or using goods or services supplied by the Supplier, the Customer agrees to these Terms of Trade.

3. Pricing
Prices are as stated in quotations or invoices unless otherwise agreed in writing.
All prices are exclusive of GST unless stated otherwise.

4. Payment Terms
Invoices are payable within 14 days from the invoice date unless otherwise agreed in writing.
The Supplier may charge interest on overdue amounts at a rate of up to 2% per month calculated daily.
Late payment administration fees may also apply to overdue accounts.

5. Suspension of Services
The Supplier may suspend, restrict or terminate services where:
• any invoice remains unpaid beyond the due date
• the Customer breaches these Terms
• the Supplier reasonably believes the Customer may be unable to meet its payment obligations.
Services may be restored once outstanding amounts are paid.

6. Delivery
Delivery times are estimates only. The Supplier is not liable for delays caused by manufacturers, distributors or freight providers.

7. Risk and Title
Risk in goods passes to the Customer upon delivery.
Ownership of goods supplied remains with the Supplier until payment for those goods has been received in full.
Until ownership passes, the Customer must:
• hold the goods as bailee for the Supplier
• ensure the goods remain identifiable as the Supplier’s property.
If the Customer fails to pay for the goods when due, the Supplier may enter any premises where the goods are located and recover the goods without liability for any resulting damage.

8. Returns
Returns may be accepted at the Supplier’s discretion.
Returned goods must be in original condition and may be subject to a restocking fee of up to 22%.

9. Warranty
Goods are supplied subject to manufacturer warranties where applicable.
Nothing in these Terms excludes or restricts rights under the Australian Consumer Law.

10. Data Responsibility
The Customer is responsible for maintaining backups of all data.
The Supplier shall not be liable for loss of data, loss of profits, business interruption or consequential damages arising from system failures, service interruptions or hardware faults.

11. Cybersecurity and System Security
The Customer is responsible for maintaining appropriate cybersecurity measures including firewalls, antivirus protection, software updates and system monitoring.
The Supplier shall not be liable for losses resulting from cyber incidents including hacking, malware, ransomware, phishing attacks or other security breaches affecting the Customer’s systems or networks.

12. Limitation of Liability
To the maximum extent permitted by law, the Supplier’s liability for any claim relating to goods or services supplied shall be limited to the amount paid by the Customer for the goods or services in the six months preceding the event giving rise to the claim.

13. Invoice Disputes
If the Customer disputes any invoice or charge, the Customer must notify the Supplier in writing within 14 days of the invoice date.
The Customer must clearly specify the reason for the dispute.
If the Customer does not dispute an invoice within this period, the invoice will be deemed to be accepted and payable in full.
The Customer must pay any undisputed portion of an invoice while a dispute is being resolved.

14. Debt Recovery
If an account remains unpaid the Supplier may:
• suspend services
• recover goods supplied
• engage debt collection agencies
• recover any legal costs or collection fees incurred in recovering the debt.

15. Credit Reporting and Credit Information
The Customer agrees that the Supplier may obtain credit reports and make enquiries regarding the Customer’s creditworthiness from time to time, including from credit reporting bodies and other credit providers.
The Customer consents to the Supplier disclosing information relating to the Customer’s creditworthiness, payment history and overdue accounts to credit reporting bodies in accordance with the Privacy Act 1988 (Cth).
Where an account remains unpaid after reasonable attempts to obtain payment have been made, the Supplier may disclose information relating to the debt to a credit reporting body or debt collection agency.
The Customer acknowledges that such disclosure may affect the Customer’s credit rating and ability to obtain credit in the future.
The Supplier may exchange credit information with other credit providers and credit reporting bodies for the purposes of:
• assessing credit applications
• monitoring creditworthiness
• collecting overdue payments.

16. Privacy
Personal information is handled in accordance with our Privacy Policy available on our website.

17. Early Termination
Where services are provided under an agreed contract term or minimum service period, the Customer may not terminate the service before the end of that term without the Supplier’s consent.
If the Customer terminates the service before the end of the agreed term, the Customer must pay an early termination fee equal to the remaining charges for the remainder of the agreed service period.
The Supplier may waive or reduce this fee at its discretion.

18. Price Adjustments
The Supplier may vary the price of goods or services from time to time.
Where the price of an ongoing service is increased, the Supplier will provide the Customer with at least 30 days’ notice of the change.
Price increases may occur due to factors including but not limited to:
• increases in supplier or wholesale costs
• increases in infrastructure or licensing costs
• increases in labour or operational costs
• regulatory or government charges.
Continued use of the services after the effective date of the price change constitutes acceptance of the new pricing.

19. Governing Law
These Terms are governed by the laws of New South Wales, Australia.
The parties submit to the jurisdiction of the courts of New South Wales.
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