Epic IT Terms and Conditions of Sale and Services - GENERAL
INFORMATION REGARDING THIS LEGAL CONTRACT
This “Epic IT Sales and Services Terms” agreement is a legal contract binding the Customer and Epic IT. The Customer automatically accepts this legal contract by making a purchase, placing an order, or otherwise shopping on the Site. The terms and conditions of this Legal Sale Contract are subject to change without prior notice, except that the terms and conditions posted on the Site at the time of order / or modification or order by the customer will govern the order in question.
This Legal Sale Contract constitutes the entire agreement between the Customer and Epic IT relating to the purchase or sale of goods or services on the Site www.epicit.com.au. In the event of any conflict between terms and conditions listed on this Legal Contract / any terms and conditions on our invoice and your purchase order terms and conditions, you agree that the provisions of this Legal Sale Contract and our invoice shall overrule.
References made in this legal contract to "you" or "your" shall relate to the Customer. References made in this legal contract to Epic IT or “our” or “we” shall refer to Epic IT - Perth Western Australia.
All payments are to be made prior or upon delivery of the purchased item(s), unless customers have gained approval for a credit account with Epic IT. Certain orders may be subject to a 25% deposit prior to processing the order depending upon the nature of order by the client. This is at the discretion of Epic IT.
Ownership of goods and services sold do and will not pass on to the you unless payment is received in full by Epic IT . Epic IT reserve the rights to collect the goods if we believe that full payment is in question or doubt.
Loss or damage that occurs during shipping by a carrier/courier selected by Epic IT is Epic IT’s responsibility. Loss or damage that occurs during shipping by a carrier/courier selected by the Customer is that Customer's responsibility. Titles to all software supplied by Epic IT will remain with the applicable licensor(s).
All credit card orders are subject to approval by Epic IT and relevant credit card authorization agency. Epic IT reserves the right to decline and refuse any credit card payment orders on any basis at the discretion of Epic IT. Epic IT reserves the right to request a written order including but not limited to an email or fax order prior to accepting and processing any credit card orders. All Credit card numbers are IMMEDIATELY destroyed after credit card orders are processed for security and privacy purposes.
WARRANTY ON GOODS AND SERVICES SUPPLIED
Epic IT provides a one year Return-to-Base warranty on all individual components and equipment sold. All warranty claims must be supported with a copy of the original invoice.
Epic IT will replace any product under warranty that we find to be faulty within one month from the products date of purchase subject to product availability. For printers, scanners and monitors, the customer must deal with the manufacturer directly. Please contact us if you require assistance finding contact details of manufacturers.
All warranty Freight and handling costs are to be covered by the customer.
At the discretion of Epic IT the item(s) in question will be tested and evaluated before deciding whether the item should be repaired or replaced. Any extra warranties will only be justified in writing on the specific invoice.
Epic IT reserves the right to choose whether or not we will repair or replace a part under the manufacturer’s warranty.
Epic IT will assist with manufacturer’s warranties wherein it is within its power to do so.
Warranty does not cover Virus removal, third party software or support of any hardware that was not purchased from us.
Please contact Epic IT for any further information regarding our warranty policy.
HOSTED AND CLOUD SERVICES
The Hosted Service Provider shall deliver the scope of services defined as (“service uptime”), 24 hours and 365 days a year. Customers may apply for credit in the event that this “service uptime” is not supplied with a maximum of 80% of one month’s service fee available for credit subject to conditions.. Failure to provide the scope of services is defined as “service downtime”.
The Hosted Service Provider shall use commercially reasonable methods to limit planned downtime for the hosted service so that disruption to your business is minimized from Monday through to Friday between the hours of 08:00am and 18:30pm Western Standard Time. Planned (also known as “scheduled”) downtime will not be treated as “service downtime” and therefore not applicable for credit application as a result of loss of or degraded service endured.
In no event shall the Hosted Service Provider be held liable for indirect, special, incidental or consequential damages arising out of service provided or “service downtime” endured hereunder, including but not limited to loss of profits or revenue, loss of use of equipment, lost data, costs of substitute equipment, or any other costs.
The Hosted Service provider in accordance with the Datacenter provider “Vocus Data” shall provide business grade data and network security to customer’s data from outside the guest operating system – that is all network traffic once the data leaves the guest operating system to the external datacenter firewall. Ultimately customers are responsible for their own data security from within the guest operating system environment and / or all network activity from internet to the datacenter firewall. Epic IT may assist where possible to help secure customers data within the guest operating system at an additional hourly service rate of $125.00 ex GST / hour. Whilst Epic IT will endeavor to uphold maximum security to customer data at all times, due to the nature of hosted services, in no event shall Epic IT be held liable for any comprise or breach of security of customer data both inside and outside the hosted guest operating system.
The Hosted Service Provider shall be responsible for the service and repair of all hardware / software required to uphold “service uptime” to the customer. The customer is responsible for the management and configuration of their hosted service guest operating system. In no event shall Epic IT be held liable or responsible for any “service downtime” experienced as a direct result of, but not limited to, the customer’s misconfiguration of the guest operating system, virus outbreak or damage, malicious or negligent activity of the customer or any third party or general manufacturer bugs and glitches experienced by the hosted guest operating system from Microsoft or any installed 3rd party software within the hosted guest operating system.
The client will provide all day to day support for users and general operation within the guest operating system at their own expense.
The hosted provider will provide all necessary support required to up hold “service uptime” to the client at the Hosted Provider’s own expense. Any additional support or changes requested by the client for modifications both within and outside the hosted guest operating system will incur additional fees charged at the flat rate of $125.00 ex GST / hour.
All jobs and service requests will be logged as “tickets” by the Hosted Service Provider as detailed in Appendix A of this agreement.
PRE-PAID SUPPORT CREDIT
All pre-paid support credit may only be used for support and selected services. Credit may never be transferred in exchange for hardware, software or cash refunds unless prior arrangements have been made with both parties agreeing to in writing.
CANCELLATION OR CHANGE OF ORDERS
Epic IT may not refund in full because the customer has had a change mind. Epic IT reserves the rights to keep up to 30% of the full invoice amount payment for such cases. This includes change of orders.
Epic IT reserves the right to only provide a full refund in an unlikely situation such as the rare possibility that a product may be found to be faulty or defective upon delivery. Compatibility issues or changes of mind will not constitute for a full refund on the item(s) in question. However, Epic IT will provide a full refund if we are found to have been inadequate in providing correct compatibility technical advise. Epic IT will not offer refunds on the basis of incorrect typographical or graphical information displayed on our website or broaches.
Epic IT requires full payment to be made within stated credit terms by either cash, credit card or EFT from the date of the invoice. A detailed invoice is sent after information has been entered into our system. Amounts outstanding after the due date shall bear interest at the rate of 10% per month. In the event that payment is not forthcoming, you will be responsible for all expenses - including debt collection, interest and legal fees - incurred by Epic IT in collecting such amounts.
PRICing SPECIFICATIONS AND AVAILABILITY
Epic IT reserves the right to change pricing specifications and / or availability and thus such information is subject to change without any notice. All text and image based specifications listed for products and services are subject to correction / change without notice. Listed prices do not include shipping charges or insurance.
CUSTOMER INFORMATION AND PRIVACY
Epic IT respects the confidentiality of your personal information. We use the following guidelines to protect any information you submit to us when you use the Epic IT website and/or complete any of our forms:
1. Any confidential information provided by you is utilised to:
- Provide the service you have requested of us .
- Allow us to communicate with you more effectively with you.
- Allow us to develop, recommend or sell products and services that meet your needs.
2. Epic IT does not sell or provide third parties with any of your personal information provided to us.
3. Your privacy is protected by limiting access to your personal information to those staff that requires it to provide the service you have requested of us.
NO CONSENQUENTIAL DAMAGES
Under no circumstances or event shall Epic IT or affiliates, or their respective employees, officers, directors, representatives or agents (collectively, "Epic IT") be liable for special, incidental, punitive, consequential, indirect, or other special damages, including but not limited to, loss of data, use, or profits, however caused, whether for breach of contract, negligence, or otherwise.
LCD DEAD PIXEL POLICY
LCD Dead Pixel Policy will vary between manufacturers. Please check manufacturer details for policy information regarding LCD DEAD PIXELS before making a purchase.
These are the Standard Terms and Conditions for Website Design and Development to in the foregoing contract between Epic IT and all Clients. The following terms and conditions apply to all Website, Software, Graphic and Application design created by Epic IT.
Fees, Approvals and Payments
Fees Payable for Website Design and Development
A 50% deposit of the total fee payable under the contract is due immediately upon the signing of the contract. The remaining 50% shall become due when the work is completed to the reasonable satisfaction of the Client but subject to the terms of the Approval of Work and Rejected Work clauses. Epic IT reserves the right not to begin the Work until the said deposit has been paid in full. The deposit is not refundable if the development work has been started and the client terminates the contract by no fault of Epic IT. The fee quoted in this contract does not include the cost of domain registration or web hosting.
Supply of Materials
The Client is to supply all materials and information required for Epic IT to complete the Work in accordance with the agreed specification. Such materials may include, but are not limited to, photographs, written-copy, logos and other printed materials. Where the Client's failure to supply such materials leads to a delay in completion of the work, Epic IT has the right to extend previously agreed deadlines for the completion of the Work by a reasonable amount. Where the Client's failure to supply materials prevents progress on the Work for more than 21 days, Epic
IT has the right to invoice the Client for any part or parts of the work already completed.
Design & Development Variances
During the Website Design phase the client is offered the opportunity to receive multiple proposals and revisions to the design. Epic IT has the right to limit the number of design proposals to a 'reasonable' amount, and may charge for additional designs if the client makes a change to the original design specification. The Website Development phase will be flexible and allow certain variances to the original specification. However,
any 'major' deviation from the specification above will be charged at the rate of $97.50 per hour. Any changes deemed to be 'major' will be identified and quoted before development proceeds.
Project Delays & Client Liability
The proposed time frames are contingent upon full co-operation of the client, and complete & final content and photography for the web pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from the client side, and be made available on a daily basis in order to expedite the feedback process. Furthermore, incomplete content, or content requiring alteration during the development phase can add delay to the project. Epic IT cannot be held to
the agreed delivery date if the above conditions are not met. If the website development is delayed for more than 2 weeks by the client, or is halted indefinitely, Epic IT can request full and final payment for the services specified in this proposal. If this occurs, additional costs may be imposed if the project is resumed at a later date.
Approval of Work
On completion of the Work, the Client will be notified and have the opportunity to review it. The Client should notify Epic IT, in writing, of any unsatisfactory points within 14 days of receipt of such notification. Any of the Work which has not been reported in writing to Epic IT as unsatisfactory within the 14 day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected, and the contract will be deemed to have been completed and the 50% balancing payment will become due. The Contract will remain in effect until all obligations have been completed in terms of this Clause.
If the Client rejects the Work within the 14 day review period, or will not approve subsequent Work performed by Epic IT to remedy any points reported by the Client as unsatisfactory, and Epic IT considers that the Client is unreasonable in his repeated rejection of the Work, the contract will be deemed to have expired and Epic IT can take any legal measures to recover both payment for the completed Work and reasonable expenses incurred in recovering payment.
Upon completion of 14 day review period, Epic IT will invoice the Client for the 50% balancing payment in accordance with the clause Fees Payable for Website Design and Development. hereof, which, in the absence of agreement to the contrary, is to be paid by the Client within 30 days of the date that the invoice was issued.
Remedies for Overdue Payment
If payment has not been received by the due date, Epic IT has the right to suspend ongoing work for Client, until such time that full payment of the outstanding balance has been received. If full payment has still not been received 30 days after the due date, Epic IT has the right to replace, modify or remove the Web Site and revoke the Client's license of the Work until full payment has been received. By revoking the Client's license of the Work or removing the web site from the Internet, Epic IT does not remove the Client's obligation to pay any outstanding monies owing.
Search Engine Optmisation
Due to the unpredictable nature of the internet with the evolution of search engine and indexing algorithms, Epic IT can not and will not guarantee search engine rankings and positioning discussed at the time of quoting, order and billing. Epic IT will not take responsibility if any discrepancies do exist with results discussed and results delivered to the customer. As a result Epic IT will not be liable for special, incidental, punitive, consequential, indirect, or other special damages, including but not limited to, loss of data, use, or profits, however caused from this or for our service downtime.
Website and Software Design
Website, Software and Applications designed and created by Epic IT for Clients should be treated as Trade Secrets and remain the property of Epic IT. Such creative work or the information contained within them must not be passed to third parties or publicly disseminated without prior written authorization from Epic IT. This includes, but is not limited to technical features, functionality of the applications, graphic design, user interface, and pricing information.
Warranty by Client as to Ownership of Intellectual Property Rights
The Client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks or any other material it supplies to Epic IT and/or includes in the Client's website or web applications. The conclusion of a contract between Epic IT and the Client shall be regarded as a guarantee by the Client to Epic IT that all such permissions and authorities have been obtained and that the inclusion of such material on the Website or in the software would not constitute a criminal offense or civil delict. By agreeing to these terms and conditions, the Client removes the legal responsibility of Epic IT and indemnifies the same from any claims or legal actions however related to the content of the Client's website or software.
Once Epic IT has received full payment of all outstanding invoices and the work has been approved by the Client in accordance with the Approval of Work clause. The Client will be granted a license to use the website and its related software and contents for the life of the website. Epic IT assumes all content supplied by the client is free of copyright, and Epic IT takes no responsibility whatsoever for using copyrighted material on the site or in the software that has been supplied by the Client. The License of use can be transferred to another party if that party has bought or acquired the business from the Client. Written notification must be made to Epic IT if the License is to be transferred.
Any website code that is not freely accessible to third parties and not in the public domain, and to which Epic IT or their suppliers owns the copyright, may not be copied, published, distributed or passed to any third parties in any form without prior written consent from Epic IT. Unless previously agreed otherwise in writing, no modifications may be made by the Client or any third party to code to which Epic IT or their suppliers owns the copyright. Epic IT acknowledges the intellectual property rights of the Client. Information passed in written form to Epic IT, and that the Client has indicated is confidential or a trade secret, will not be published or made available in any other way to third parties without the prior written consent of the Client.
CHANGES OF TERMS AND CONDITIONS
Epic IT reserves the right to change and update any part of this legal contract found on this website. These terms and conditions are governed and construed by the laws (but not the rules governing conflicts of law) of the State of Western Australia.