1.1. “software” includes all relevant programs, documentation, manuals, printed and written matter
1.2. “hardware” means computer hardware, peripherals and accessories
1.3. “services” means any other contracted work, including consulting, training, installation and customisation, but not limited to this list
1.4. “products” means any Software, Hardware or Services supplied by I Want That CRM
1.5. “purchaser” means the legal entity of your business, company or organisation. Any signatory of purchasing documents, proposals or agreements is taken to have full capacity on behalf of your organisation.
1.6. “proposal” is the formal proposal prepared by I Want That CRM and presented to the Purchaser
1.7. “supplier” means I Want That CRM Pty Ltd
2. ACCEPTANCE OF TERMS AND CONDITIONS
2.1. Receipt of instructions by the Supplier from the Customer for the supply of and/or acceptance of goods/services is deemed acceptance of the terms and conditions herein on the part of the Customer.
2.2. These terms and conditions, having been accepted, cannot be rescinded other than as provided for within these terms and conditions and are irrevocable unless by written agreement between the Customer and the Supplier.
3. Software licence
3.1. Any I Want That CRM software is licensed to the purchaser. The software may not be copied to any other user or third party whatsoever and may not be resold. The software is protected by copyright laws.
3.2. Any third-party software is covered by their terms and conditions.
4.1. Payment terms are in advance for software and hardware, and 14 days from date of invoice for all other services, unless otherwise specified and agreed in the Proposal.
4.2. In default of payment, the Purchaser agrees to pay all costs and expenses regarding collection of late payments, whether this be via a solicitor, collection agent or other authorised business acting on behalf of the Supplier.
4.3. If credit card details are on file, recovery of payment may be made by this means in lieu of other payment methods.
4.4. Credit cards attract a processing fee of 2.0%.
5.1. Property remains that of the Supplier until the Supplier receives payment in full of the purchase price of the products and services and all other amounts that the Purchaser owes to the Supplier for any reason.
5.2. The Purchaser authorises the Supplier or its agent to enter your premises, on written agreement from the Purchaser, to remove any Products which are the property of the Supplier without prejudice to any other of the Supplier’s rights, and the Purchaser indemnifies the Supplier against all costs and claims in respect of its exercise or rights under this clause.
6.1. The Purchaser agrees that returns shall only be accepted by the Supplier with the written consent of I Want That CRM.
7.1. The Supplier makes no representations or warranties in respect of third-party Products.
7.2. The Supplier undertakes to correct faults within I Want That CRM applications within the time frame agreed in the Service Level Agreement, within the Proposal.
8. Consumer Guarantees Act
8.1. The supply of Products by the Supplier is not covered by the Consumer Guarantees Act or the Sale of Goods Act, unless able to be executed by reasons of law. The Supplier’s liability shall be limited to the value of Software or Hardware, only.
9.1. The Purchaser indemnifies the Supplier against all costs (including legal costs on a solicitor and own client basis), expenses, losses, damages or claims arising in any way where you have failed to comply with any one of these terms, as modified from time to time.
9.2. The Purchaser indemnifies the Supplier against any costs related to inadequate computer hardware or software infrastructure as per System Requirements supplied for proposed software and services.
10. Intellectual Property
10.1. The Purchaser will not use any trade marks, or any similar words or marks, or any combination of words incorporated in the registered business names “I Want That CRM”.
10.2. All intellectual property shall remain the property of I Want That CRM and any third-party supplier entitled thereto and neither the Supplier nor its suppliers transfer any right, title or interest in the intellectual property to the Purchaser. This includes presales scoping documents which may not be passed on to any other party in any form without written authorisation from I Want That CRM.
11. Purchaser and Information Guarantee
11.1. The Purchaser warrants that the information supplied by you in this application is true, correct and complete and it is acknowledged that the Supplier will rely on the correctness of the representations and information that the Purchaser has provided. You further undertake to inform the Supplier of any change in the information.
12.1. The Supplier reserves the right to modify and vary these terms and conditions at any time.
13. Non Waiver
13.1. If the Supplier fails to enforce any terms or to exercise its rights under these terms and conditions at any time, then the Supplier has not waived those rights, unless agreed via prior notice or written agreement.
14.1. If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.
15.1 Any Contract or Agreement between parties shall be governed by and construed in accordance with the laws of Queensland and the parties agree to submit to the jurisdiction of the Courts in all matters arising out of any contract.
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