Terms & Conditions - Amber IT Services

TERMS OF USE

Payment Terms - WebSite/Application Development

Fees quoted are valid for 30 days from the date of issue. Our payment schedule is as follows:

30% of the total project cost will be invoiced on sign off. Work will be scheduled to commence when payment is received, (please alert your account manager to expedite scheduling)
30% will be invoiced on design approval by client
The final 40% will be invoiced prior to completion and must be paid before the site will be made live.
Should the project exceed the agreed completion date by more than 14 days, Amber IT Services reserves the right to issue the final invoice (minus 5% of the total project cost)
The final 5% will be invoiced on deployment

OR

50% of the total project cost will be invoiced on sign off. Work will be scheduled to commence when payment is received, (please alert your account manager to expedite scheduling)
The final 50% will be invoiced prior to completion and must be paid before the site will be made live.
Should the project exceed the agreed completion date by more than 14 days, Amber IT Services reserves the right to issue the final invoice (minus 5% of the total project cost)
The final 5% will be invoiced on deployment.
Updates outside original scope.

In the event of any variations or extensions to the project, or should a client wish to engage Amber IT Services on a time and materials basis, all work will be undertaken in accordance with our hourly rates.

HARDWARE SALES

Placing Order / Pricing

Any Quotation made by Amber IT Services is not an offer to sell, and no order given in pursuance of any Quotation shall bind the company unless accepted by it. Unless otherwise agreed in writing, all orders are subject to acceptance by Amber IT Services within seven (7) days of receipt by Amber IT Services of the customer's offer.

All pricing is in Australian dollars and inclusive of GST. Please note that pricing and stock availability is subject to change without prior notice. Amber IT Services reserves the right not to sell below its cost. All orders placed are subject to confirmation and acceptance by Amber IT Services.

Amber IT Services may vary prices in the event of price changes or mistakes made by suppliers on reasonable prior notice to you. If Amber IT Services requests payment for increased prices, you may cancel the order by giving notice to Amber IT Services, which must be received within seven days of the announcement of the increase.

To minimize errors and improve efficiency, orders should be placed using our on-line ordering system whenever possible.

Price may vary depending upon location due to freight costs and other logistical requirements.

Amber IT Services reserves the rights to adjust freight cost at any time.

Delivery/collection

We do not ship internationally and PO BOX address.

We do not ship to third party addresses unless that address is known and can be verified by Amber IT Services.

The Customer shall at its own expense, arrange collection of products from Amber IT Services at its premises. Alternatively, Amber IT Services in its sole and absolute discretion may arrange physical delivery of products to the Customer at the Customer's business address, such delivery being at the cost of the Customer. The Customer shall be deemed to assume and shall be liable for loss or damage to products from the time they are placed on to the vehicle to transport them from Amber IT Services’ premises unless the Customer has insured the item when buying from Amber IT Services.

Customers are responsible to have someone at the delivery address to sign for and accept the delivery. Cost for re-delivery attempts will be passed to the customers if the delivery address is unattended at the time of delivery.

After your order is placed, you will be sent an E-mail acknowledgement which will include an Internet link with your order tracking number which can be used to track your order status.

Delivery time

Any date Quoted for delivery is an estimate only, and unless a guarantee shall have been given by Amber IT Services in writing providing for liquidated damages for failure to deliver by the Quoted date, Amber IT Services shall not be liable to the Customer for any loss or damage howsoever arising for failure to deliver on or before the Quoted date. The Customer shall accept and pay for Products, notwithstanding any failure by Amber IT Services to deliver by the Quoted date.

Goods specially ordered in, must be fully paid for prior to delivery & cannot be returned or exchanged without express approval from Amber IT Services in writing. The latter case would still attract the normal restocking fee.

Returns / Refunds / Cancellations

There will be no credit given on order price difference, due to price drops. Please select carefully at the time when you place your order. Product returned for credit/refund is not possible on our store. We may offer a credit with a 20% restocking fee on some special circumstances.

Any incorrect, missing or damaged items received must be reported to Amber IT Services within 24 hours of you receiving the delivery. This can only be done by E-mail or Phone.

If item(s) received is not what was ordered please do not open the sealed package in which it was sent. Any attempt to use the incorrect item will be deemed to be acceptance by the customer of the item(s) as a satisfactory substitute for the one that was ordered and no further claim can be raised thereafter.

Amber IT Services owns the title of any extra goods shipped with your order that have been dispatched in error.

If requested by Amber IT Services, the Customer may be required to provide information in that Amber IT Services can easily assist the Customer with any monetary refund or cancellation. This information may include member's names, address, home phone, work phone, credit card details and other relevant information required by Amber IT Services. Failure to provide sufficient information may delay the refund or cancellation, Amber IT Services is not to be held responsible for any delays according to clause provided by Amber IT Services. Any attempt to cancel an order must be made as soon as possible. Cancellations attempted after the despatching will result in the customer having to pay the shipping and handling charges on the package and the cost of shipping the package back.

Cancellations may be communicated by telephone and email only.

Cancellations for assembled system orders will incur a 10% cancellation fee. This is to reflect the labour cost and the depreciation for the used parts.

Cancellation for specially ordered items will also attract a 10% cancellation fee. This is to cover the return to stock fee implied by our suppliers and shipping cost.

Warranty Claim

All goods sold by Amber IT Services come with a one-year back to base manufacturer warranty; it can only be shorter if a special note is mentioned about an item. Computer systems built by Amber IT Services carry a one year parts and labour warranty. This warranty is not transferable. The system warranty only covers the system unit; it does not extend to any peripheral components such as monitors, keyboard etc. All the peripheral components are covered by standard manufacturer warranty.

Goods under warranty cover will be replaced or repaired by the manufacturers. A refund may be available if a product is not of merchantable quality, does not fit the description provided or is unfit for its purpose.

Amber IT Services is responsible for the handling of most products warranty processes. Warrantees for individual parts we sell are provided by the manufacturers, not Amber IT Services.

Warranty only covers the item(s) sold by Amber IT Services. Warranty does not cover any other equipment used in conjunction with the item(s) sold by Amber IT Services.

DOA (Dead on arrival) items are eligible for refund or replacement. DOA items must be reported within 7 days from the time you receive your goods. Failure to report a DOA item within 7 days will result in you not being able to claim the item as a DOA. This is particularly important for printers, monitors etc. where the manufacturers have strict guidelines. All products are eligible for warranty claim even after a 7 day period.

Please complete the online warranty return form to obtain "RA" number form Amber IT Services & clearly mark goods with same, attaching copy of original purchase invoice, Amber IT Services warranty & serial number labels must be clearly attached, at their removal voids warranty. Any unauthorised repair or upgrade voids warranty. Please refer to specific warranty condition on warranty card supplied with goods. Unless a unit is dead on arrival or damaged in transit, in this case must be received with 7 days of invoice date, goods remain the property of the customer & will be processed by the relevant manufacturer or agent as soon as possible. Amber IT Services will not be liable for any loss, whether material or not of such goods.

All warrantees are voided if returned product is found in any way to be mishandled, mis-installed, modified, tampered, abused, physically damaged or used under wrong voltage etc.

Amber IT Services is not responsible for data contents or the security of the data contents contained in any returned goods. Our workshop works under strict guidelines, not to intercept or interact with any customer data. Despite this customers should back up any data prior to sending the goods back to us; data can be destroyed during our testing. It is also beyond the scope of our control once the device is sent to our supplier. We do not provide data recovery service.

Customer is responsible for proper packaging of RA returns. All warranties will be void on items that are insufficiently or inaccurately packaged. Customer is responsible for all the shipping charges associated with returning the defective merchandise. If any item(s) returned for warranty claim is determined to be physically damaged, the item(s) will be returned to the customer as is.

All costs incurred in returning non-faulty or incorrectly chosen products to us for repair, refund, replacement or credit are your responsibility. Amber IT Services is not responsible for any parcel missing in transit, on its return back to Amber IT Services. Non-faulty product does not include any product which is not of merchantable quality, does not fit the description provided, or is unfit for its purpose.

Warranty turnaround time

Turnaround time for warranty claims largely depends on the suppliers or the distributors. We will try our best to speed up the process. Please understand the time involved for a warranty claim will include: our time to test the item, shipping back to the supplier, supplier’s own test and replacement/repair, and the shipping back to us.

We do not provide advance replacement under any circumstances. Please keep this in mind when you place your order. Amber IT Services is not responsible for any losses resulting from the time it takes to have the faulty item replaced or repaired. A refund will be offered if the product is not of merchantable quality, does not fit the description provided, or is unfit for its purpose.

If you will be using the item(s) for mission critical tasks, be it running a business, using it to prepare an examination, using it for a pre-organised game party etc., you should consider purchasing it from a provider that offers instant replacement.

Payment

Unless otherwise agreed in writing, payment for products supplied shall be made in full by the Customer to Amber IT Services without deduction or demand, within the approved term as advised by Amber IT Services, or in the absence of a term approved by Amber IT Services, within (7) days from the order date.

Payment for products ordered through Amber IT Services can be made by credit card and direct deposit only.

Retention of Title

The title to the Products will pass to the Customer when payment in full for the Products has been received by Amber IT Services. Until the Customer has paid to Amber IT Services the full purchase price:

Customer shall hold the Products as bailee for Amber IT Services.

- The Products shall be stored at the Customer's risk, and in such manner that they are readily distinguishable from other products owned by the Customer or other persons.
- The Customer shall indemnify Amber IT Services against any claim, action, proceeding, damage, loss, costs, expense or liability whatsoever, arising out of the possession, use or disposal of the Products by Amber IT Services, or repossession or attempted repossession by Amber IT Services.
- Any sale of the Products shall be affected as bailee for Amber IT Services, and the proceeds of such sale shall be held on trust for Amber IT Services. The proceeds of such sales must be held in a separate account or otherwise clearly identified in the books and records of the Customer.
- The Customer shall permit Amber IT Services to inspect the Products, and the records and books of the Customer to the extent that they relate to the Products.
- Reserve right of entry to inspect or recover goods owned by Amber IT Services, wherever they are located.

SERVICE TERMS

Intellectual Property

Amber IT Services reserve the right to re-use technical components developed during the project and will retain intellectual property rights on each development. The client will hold copyright on all work pending payment of final invoice.

Maintenance

Content - Amber IT Services can provide a content maintenance service if required. This is billed at our standard hourly rate or an agreed monthly/annual content maintenance contract. Software Maintenance - Amber IT Services guarantees that each project will be compatible with current versions of all major software platforms and browsers. Current release refers to software versions current at the time the website goes live, versions released after this date are not included.

Platforms:

Windows (XP SP2 up to current full version)

Browsers:

Google Chrome
Firefox 4 up to current full release
Internet Explorer - version 7 up to current full release
Apple Safari - version 5 up to current full release

Browser Plug-ins:

Current version of Flash Player
Windows Media Player
QuickTime
Variations and Extensions

In the event of any variations or extensions to this contract, all work will be undertaken in accordance with our hourly rates. Amber IT Services can also be engaged on a time and materials basis.

Goodwill

This proposal assumes goodwill from both sides regarding:

What can reasonably be achieved in a given time frame
Making best use of resources to achieve the most effective outcomes
Approval/Sign-off

To authorise commencement of a project, Amber IT Services must receive a signed copy of the approval document enclosed with each quote. This should be emailed to info@amberitservices.com.au.

All quotes are valid for 30 days from date of issue.

Disclaimer

Due to changing market forces and other extenuating circumstances that affect product availability, and price stability we reserve the right to withdraw any product we advertise and change prices without notice.

Information contained throughout the web pages and in our database is believed to be accurate and reliable at the time of publishing. There may be misprints, human errors, and omissions. We reserve the right to make changes and corrections in prices, products, and specifications without notice.

Images displayed on this web site should be regarded as illustrative and informational purpose only. The actual products are often not identical to the images. Hyperlinks (URL) provided throughout our product pages can only be used as references only. The products we carry are often not identical as the contents contained in the links. If unsure, please contact our sales team.

Obligations of the Customer
As member of Amber IT Services, the Customer must provide current, complete, and accurate information about the Customer at all times.
The Customer is entirely responsible for their account which includes confidentiality, any and all activities through using the Customer's account, Amber IT Services will not be held responsible in any manner.

On the first purchase the Customer places with Amber IT Services, the Customer might be required to provide additional identification to Amber IT Services to help eliminate Internet credit card fraud and to provide additional security.

Amber IT Services reserves the right to terminate a Customer's account if it is found to contain false, incomplete, inaccurate information. If any security concerns or breaches arise from the Customer, they shall report it to Amber IT Services immediately.

Amber IT Services does not stored any credit card details for any Customers. The Customer will ensure that credit card details are their sole responsibility to safe guard.

SMS SERVICES
1.0. Customer Responsibility

Customer agrees and undertakes to:-
1.1 Be Responsible not to use Amber IT Services SMS service:
1.1.1 To send unsolicited or unwelcomed messages;
1.1.2 For any purpose which is against public interest, public order or national harmony;
1.1.3 To provide information that is offensive on moral, religious, communal or political grounds.
1.1.4 For spamming activity. "Spamming" shall mean
    (i) a situation where SMS are sent to Mobile Subscribers without their prior consent and/or
    (ii) any unlawful or fraudulent SMS.
1.1.5 For scamming activity. "Scamming" shall mean (i) Providing misleading information in any manner which may infringe the copyright, patent, trademark, trade secret or other proprietary rights of any third party or rights of privacy.

1.2 Indemnify Amber IT Services and hold Amber IT Services harmless from and against any and all claims, actions, proceedings, damages, liabilities, costs (including reasonable legal costs and expenses), expenses, losses, including consequential losses incurred or suffered by Amber IT Services that may be caused by or arise, whether directly or indirectly from the content provided by Customer and/or any breach of this Agreement by Customer.

1.3 Keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information.

2.0 Intellectual Property

2.1 Amber IT Services will retain all rights and title to Amber IT Services SMS services and any of its trademarks, trade names, names, brands, logos, symbols and other proprietary designations and no transfer of rights is made under this Agreement. Customer does not have the rights to use Amber IT Services trademark, trade name or any intellectual property rights whatsoever.

2.2 Customer will retain all rights and title to the content and any of its trademarks, trade names, names, brands, logos, symbols and other proprietary designations and no transfer of rights is made under this Agreement. Amber IT Services does not have the right to use Customer’s content, trademark, trade name, or any intellectual property rights whatsoever.

3.0 Charges / Fee / Refund

3.1 Credits will be deducted from Customer’s account for all SMS request sent to Amber IT Services gateway

3.2 Penalty fee will be imposed for any non-compliance with the terms of usage. Penalty fee varies with accordance to non-compliance activity.

3.3 In event Amber IT Services has no access to operator SMS system; no SMS can be process and sent. Amber IT Services shall have no liability for any damages caused by such non-availability.

3.4 Money Back Guarantee only applies to first purchase order. Refund request only applicable within 30 days from payment date. Refund amount is dependent on remaining credit in your account.

4.0 Confidentially

4.1 Each party shall keep all information confidential and shall not without the prior consent in writing of the disclosing Party copy or disclose to any third party information or any contents of any documents

4.2 Each party acknowledge and agree that all confidential information disclosed by or on behalf of the party disclosing such information shall be and remain the property of the Disclosing party.

4.3 The foregoing obligations shall not apply to any information which:

4.3.1 was already in the public domain or becomes so through no fault of the Receiving Party;
4.3.2 was known to the Receiving Party prior to disclosure by the disclosing party as proven by the written records of the receiving party.

5.0 System Upgrade

5.1 Amber IT Services and operators have the right to perform maintenance and upgrade of MCP and their respective services. Customer has no right to claim any compensation whatsoever for such interruption.

6.0 FORCE MAJEURE

6.1 Amber IT Services shall not be liable for any breach of this Agreement caused by Acts of God, insurrection of civil disorder, war, or military operations, national or local emergency, acts or omissions of Government, highway authorities or other competent authority, industrial disputes of any kind, fire, lightning, explosion, flood, subsidence, inclement weather, acts or omissions of persons or bodies which are outside of Amber IT Services reasonable control.

7.0 Suspension of Service

7.1 If Customer does not comply with the terms in this Agreement, Amber IT Services reserves the right to suspend the provision of Amber IT Services SMS services or any part thereof immediately without any liability or obligation to Amber IT Services.

7.2 Each Operator has the right to demand Amber IT Services to immediately disconnect any Content from access to Amber IT Services without case or explanation. If Operator has made such demand, Amber IT Services will inform Customer immediately related to such disconnection and Amber IT Services will disconnection such content without any liability or obligation.

7.3 If Customer shall rectify such default to the satisfaction of Amber IT Services, the Amber IT Services SMS services or any part thereof shall be reinstated.

ADDITIONAL CONDITIONS - Amber IT Services

By placing an order with Amber IT Services, you confirm that you are in agreement with and bound by the terms and conditions set out below.

Definitions

The client refers to the company or individual engaging the services of Amber IT Services.

General

Amber IT Services will only commence a project where an agreement has been provided by email, mail or fax. An ‘order’ is deemed to be a written contract between Amber IT Services and the client.

Project stages

Stage 1 - The client must thoroughly review the website design, providing feedback within five business days.

Stage 2 - The client must review the website wireframe development (empty website shell or working website without content), providing feedback within five business days.

Stage 3 - The client must carefully review the completed website including all content, providing feedback on any changes within three business days.

Final review- The client will review any changes made in stage three and authorise Amber IT Services to launch the project. Any changes requested after the final review will be considered additional and charged at our standard hourly rate.

System specifications and alterations

Each project will have set parameters as described in the final proposal and/or technical specification. This document also includes an authorisation form which indicates agreement with the specification and authorises Amber Web Developers to begin work. On commencement the development team will proceed in accordance with the exact specifications as set out in this document. If there are any amendments to these parameters after the project has commenced, Amber IT Services will consider this to be an additional component or customisation of the project and will charge for this work at our standard hourly rates.

Bugs or system errors

When a project has been delivered, approved and hosted on Amber IT Services’s server, the client will have a three month grace period where Amber IT Services Web Developers will address any reported system errors or bugs free of charge. After this grace period any required maintenance will be billed at our standard hourly rates.

Website Design

While every endeavour will be made to ensure the website and any scripts or programs are free of errors, Amber IT Services does not accept responsibility for any losses incurred due to website malfunction. The project and any associated graphics and files remain the property of Amber IT Services until all accounts are paid in full. Any scripts, cgi applications, scripts, programming code or software written by Amber IT Services remain the property of Amber IT Services and may only be commercially reproduced or resold with the permission of Amber IT Services.

Amber IT Services cannot take responsibility for any copyright or privacy infringements caused by materials submitted by the client and may refuse use of any such material unless proof of permission is provided. Any additions to the brief will be carried out at the discretion of Amber IT Services. The client agrees to provide Amber IT Services all materials required to complete the site (files, content and images) in a timely fashion.

Amber IT Services will not be liable for costs incurred, compensation or loss of earnings due to the failure by the client or Amber IT Services to meet agreed deadlines. Amber IT Services will not be liable or become involved in any disputes between the site owner and their clients and Amber IT Services cannot be held responsible for any wrongdoing on the part of a site owner. Amber IT Services will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client, or any of the clients appointed agents.

Amber IT Services will not be liable for any costs incurred, compensation for loss of earnings due to the unavailability of the site, servers, software or any material provided by its agents. A minimum deposit of 30% is required with each project before any work will commence. Once a project has been completed the final balance of payment is due in accordance with our payment terms. If the client decides to terminate the contract after a project has commenced, the client will be liable to pay for all work done up to the point of termination.

Content and Data Entry

The supply of content and assets is the responsibility of the client, unless the client is employing Amber IT Services copywriting service. All content for all sections of the website must be supplied at an agreed time and preferably in one delivery. Content must be thoroughly reviewed before it is supplied to Amber IT Services. Amber IT Services Content Writers is not responsible for any spelling and grammatical errors. Content must follow the directions of the sitemap. If the sitemap indicates five pages, content must be supplied for five pages.

Project delays

Where a project has final approval Amber IT Services will indicate timeframes for both parties. If a client delays the project for more than two months, (by missing deadlines for the supply of information, content or images) Amber IT Services reserves the right to charge a project-delay fee to recover costs associated with ongoing management of the project.

Database, application and E-Commerce development

Amber IT Services cannot take responsibility for any losses incurred by the use of any software created for the client. The client is expected to fully test any application or program relating to a site developed by Amber IT Services before being made available for general use. Whilst every care has been taken to ensure products are bug free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use. Any scripts, cgi applications, scripts or software written by Amber IT Services remain the property of Amber IT Services and may only be commercially reproduced or resold with the permission of Amber IT Services.

Where applications or sites are developed on servers not recommended by Amber IT Services, the client is expected to provide information, software and support relating to the server to assist with the correct development of the application. Any assistance or work required from Amber IT Services for external hosting will incur additional charges. Where a large application is to be developed, the client is responsibile for providing a testing environment as similar as possible to the final production environment. When a project has been delivered, approved and hosted on Amber IT Services’s server, the client will have a three month grace period where Amber IT Services will address any reported system errors or bugs free of charge. After this grace period any required maintenance will be billed at our standard hourly rates.

Compatibility

Amber IT Services will ensure that any site or application will function correctly:

- On the server to which it is initially installed
- When viewed with current Microsoft Internet Explorer version 7 to current full release
- When viewed with Mozilla version 4 to current full release
- Amber IT Services can offer no guarantee of correct function with all browser software including future releases.

Website Hosting

Amber IT Services cannot guarantee the availability or continuity of this service and cannot accept liability for loss of revenue caused by the unavailability, malfunction or interruption of this service. Amber IT Services reserves the right to refuse handling of material which may be deemed offensive, illegal or controversial. In this instance, hosting services may be terminated.

Hosting Terms

Hosting is available through Amber IT Services or TPP Wholesale. Any client requesting hosting on another server will be charged a fee for the time taken to transition the website to the preferred hosting provider.

Training

All end user training is to be undertaken at Amber IT Services, 19 Wattle Road, Rothwell, Queensland, Australia.

Payment of accounts

A deposit by the client is required before Amber IT Services can commence a project. Any outstanding accounts for work completed by Amber IT Services or our affiliates requires payment in full no later than 7 days from the date of invoice. Prior to completion of a project the client is obliged to pay the balance in full. Amber IT Services will contact clients to remind them of payments due if they are not received. If accounts are not settled and Amber IT Services have not been contacted regarding the delay, website access may be denied and web sites or projects removed.

Complaints procedure

Any client experiencing problems with a web service provided by Amber IT Services should contact us or email support@amberitservices.com.au. Clients should supply the URL of the problem and clearly outline the issue in question. Amber IT Services will contact the individual responsible for the material in question with a view to resolving the matter satisfactorily.

Formal complaints procedure

The formal complaints procedure is in place should a client feel that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure. A formal complaint should be made in writing to Amber IT Services who will acknowledge receipt and ensure that the matter is examined within two business days. An initial response will be issued within seven days of receiving the formal complaint and a full and considered response will be issued within 30 days. Any required action will be implemented with minimal delay.


*Please Note: These terms and conditions are subject to change at any time in our sole discretion. You will be notified via email in this instance.