Terms & Conditions
PLEASE READ THESE TERMS & CONDITIONS (“AGREEMENT”) CAREFULLY BEFORE AGREEING AND ACCEPTING A CBIT QUOTE, AND/OR ISSUING A PURCHASE ORDER. ACCEPTING A CBIT QUOTE AND/OR ISSUING A PURCHASE ORDER INDICATES YOUR ACKNOWLEDGEMENT THAT YOU (“CUSTOMER”) HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND AGREE TO BE BOUND TO ITS TERMS.
In these Conditions:
- Business Day means a day other than a Saturday, a Sunday or a public holiday in The Australian Capital Territory.
- Client means the individual, company or other legal entity requesting the Services, as specified in the Quotation.
- Conditions means these terms and conditions.
- Contract means the contract formed by CBIT PTY LIMITED ACN 107 115 846 (herein forth “CBIT”, “CBIT Digital Forensics Services”, “CDFS”, “Secure Data Recovery”, “SDR”) acceptance of the Quotation, the terms of which are set out in these Conditions and the Quotation.
- Data means the information stored on the Storage Medium.
- Deposit means the amount (if any) specified as such in the Quotation.
- Price means the price for the Services stated in the Quotation.
- Quotation means this document.
- Relevant Proportion means the amount determined by CBIT PTY LTD to represent the proportion of the Services completed up to and including the date of termination or cancellation (as the case may be).
- Services means the services specified in the Quotation.
- Storage Medium and/or Device means the computer equipment, hardware, hard disk, tape or other data storage media provided by the Client as described in the Quotation.
2.1 The Quotation is to be read with these Conditions and forms part of the Contract.
2.2 If there is any inconsistency between the Quotation and these Conditions, then the Quotation will prevail to the extent of the inconsistency.
3. REQUEST FOR SERVICES
3.1 The Client may request CBIT to provide the Services by completing and signing this Service Request form. If the purchase order is accepted by CBIT, CBIT agrees to provide the Services to the Client on the following Conditions.
3.2 In lieu of a Service Request form, CBIT shall accept an email received from the email address supplied by the Client on the first page of this Service Request form, as a binding request to carry out the data recovery services as set out on any subsequent quotation issued by CBIT in response to this Service Request form.
3.3 The Client may cancel the Quotation by giving notice of cancellation to CBIT, and if it does so, must pay CBIT the Relevant Proportion of the Price when the Client collects the Storage Medium from CBIT or takes delivery of it or within 5 Business Days of the date of CBIT’s invoice, whichever occurs first.
The Client must indemnify CBIT against all loss (including loss of profit), costs (including the cost of labour, collection, delivery and storage costs), damages, charges and expenses incurred by CBIT as a result of cancellation.
3.4 Any completion times specified in the Quotation or otherwise given by CBIT for performance of the Services are estimates only. CBIT will not be liable to the Client for any loss or damage sustained by the Client as a result of CBIT’s delay in meeting those completion times for any reason whatsoever. The Client will not be entitled to terminate the Contract because of any delay in completion.
4.1 Unless otherwise stated in the Quotation, the Price does not include any applicable taxes, duties or tariffs, or freight, handling or insurance charges all of which the Client must pay to CBIT in addition to and at the same time as the Price.
4.2 CBIT reserves the right to increase the Price at any time to reflect any significant increase in the cost to CBIT of supplying the Services (such as any significant increase in government charges or in the cost of labour or materials). Specifically storage prices will be reviewed annually and will be adjusted after taking into account the movement in CPI as well as those economic indicators that have had a major influence/impact on our business over the past twelve (12) months.
5.1 The Client must pay the Deposit (if any) to CBIT on delivery of the Storage Medium to CBIT’s premises.
5.2 Subject to clauses 3.2 and 5.3, the Client must pay the Price less the Deposit (if applicable) to CBIT in full within 14 days of when the Client collects the Storage Medium from CBIT or takes delivery of it or within 14 Business Days of the date of CBIT’s invoice, whichever occurs first.
5.3 If CBIT terminates the Contract under clause 10, the Client must pay CBIT the Relevant Proportion of the Price when the Client collects the Storage Medium from CBIT or takes delivery of it or within 5 Business Days of the date of CBIT’s invoice, whichever occurs first.
5.4 If any money owed by the Client to CBIT is overdue by more than 7 days from date of invoice, CBIT may retain the Storage Medium or withhold delivery or performance until arrangements as to payment or credit have been established which are satisfactory to CBIT.
6. DELIVERY OF STORAGE MEDIUM
6.1 The Client is responsible for delivering the Storage Medium to and from CBIT’s premises.
6.2 The Client must pay all charges in connection with delivery, collection, transportation, special packaging and insurance of the Storage Medium and Data (including whilst in transit).
7. COLLECTION OF STORAGE MEDIUM
7.1 The Client must collect or arrange collection of the Storage Medium and Data from CBIT’s premises within 14 Business Days of being informed that they are ready for collection. If the Client fails to do so, CBIT may charge, and if so the Client must pay, an additional reasonable sum for continued storage, including storage and insurance costs. Alternatively CBIT may charge, and if so the Client must pay, an additional freight charge for the return of the item to the Client.
8. RISK OF LOSS OR DAMAGE
8.1 The risk of loss or damage to the Storage Medium and Data, including whilst in transit, remains with the Client at all times.
9. WARRANTIES AND LIABILITIES
9.1 To the maximum extent permitted by law, all terms and warranties implied by any law or otherwise in relation to the Services or the Contract are expressly excluded.
9.2 CBIT cares about your data, and are instructed to retain and save any and all data wherever possible, however it will not be held legally liable for any data loss. CBIT is not liable in any way for any loss or damage, including direct, indirect or consequential loss or damage or loss of profit, arising out of or in connection with the Services, or the Client’s use of the Storage Medium or the Data, including any liability or loss suffered by third parties. The Client must indemnify CBIT against any and all actions, claims, proceedings, costs, losses, expenses and damages incurred or awarded in respect of or arising directly or indirectly out of the Services, or the Client’s use of the Storage Medium or the Data.
9.3 To the extent that any law implies any term or warranty which cannot be excluded, CBIT’s liability for breach of that term or warranty is limited, at CBIT’s option to:
(a) in the case of goods, the replacement of the goods or the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(b) in the case of services, the provision of the services again or payment of the cost of providing the services again.
9.4 The Client must indemnify CBIT against any and all loss, damage, costs (including legal costs on a full indemnity basis) and expenses incurred by CBIT arising out of a breach by the Client of any of its obligations under the Contract.
10. DEFAULT AND TERMINATION
10.1 If in CBIT’s opinion:
(a) the Data cannot be restored or can only be restored in part; or
(b) the Storage Medium cannot be repaired; or
(c) it is otherwise not practicable or expedient to complete the Services, CBIT may terminate that portion of the Contract or the entire Contract, as applicable, before the Services are completed on giving notice of termination to the Client.
10.2 CBIT may terminate the Contract immediately on giving notice of termination to the Client if a statement made by the Client in the Quotation is or becomes untrue, or if the Client:
(a) fails to make any payment when due under the Contract and fails to remedy that breach within 3 Business Days after receiving notice from CBIT requiring it to do so;
(b) fails to remedy any other breach of its obligations under the Contract within 7 Business Days after receiving notice from CBIT requiring it to do so; or
(c) threatens or resolves to become or is in jeopardy of becoming bankrupt or subject to any form of insolvent administration.
10.3 If CBIT terminates the Contract following the Client’s default, CBIT may take whatever steps may be available to CBIT in respect of any loss or damage suffered by reason of the Client’s default, including selling the Storage Medium and retaining the proceeds.
10.4 Without limiting CBIT’s other rights and remedies under the Contract, if the Client defaults in its obligation to pay any part of the Price, then the unpaid balance of the Price becomes a debt immediately due and payable to CBIT.
10.5 Any legal costs or other expenses incurred by CBIT in consequence of this Contract and any other expenses incurred in respect of collection costs, dishonoured cheque (s) fees, legal costs, whether charged on scale or on any other basis incurred, shall be paid by the Client on demand.
11.1 Waiver: A waiver is not effective unless it is in writing.
11.2 Subcontractors: CBIT may use subcontractors to perform some or all of the Services.
11.3 Governing Law: The Contract is governed by, and is to be interpreted in accordance with the laws in force in the Australian Capital Territory and the parties submit exclusively to the jurisdiction of the courts in that Territory.
11.4 Severance: If a court decides that a provision of the Contract is void then that provision will be severed without affecting the remainder of the Contract.
11.5 Variations: An amendment or variation to the Contract is not effective unless it is in writing and signed by the parties.
11.6 Notices: Notices under the Contract must be in writing and in English addressed to the addressee at the address of that party stated in the Quotation or as subsequently notified by that party. Notices may be delivered by hand, by mail, by email or by facsimile transmission.
11.7 No Set-off: The Client may not withhold any payment due under the Contract (including payment of the Price) or set-off all or any part of a payment against any amount claimed by the Client from CBIT, for any reason.
12.1 In this clause 12 the expressions “GST” and “supply” have the meanings given to those expressions in the A New Tax System (Goods and Services Tax) Act 1999.
12.2 Unless otherwise stated, the Price and any other amount payable for any supply under the Contract are specified exclusive of GST.
12.3 If GST is imposed on any supply made under the Contract, the Client must pay to CBIT an amount equal to the GST payable on that supply in addition to and at the same time as payment for that supply is required to be made under the Contract.
Unit 16, Box Business Centre,
65 Tennant St,
Fyshwick ACT 2609
Phone: 1300 55 33 24