
secure minded
Terms & Conditions
1. Definitions
1.1. "Company" refers to Secure Minded, the provider of hardware, software, and consulting services.
1.2. "Customer" refers to the entity purchasing products or services from the Company.
1.3. "Products" refers to the hardware and software sold by the Company.
1.4. "Services" refers to the consulting and managed services provided by the Company.
2. Acceptance of Terms
2.1. By placing an order with the Company, the Customer agrees to be bound by these terms and conditions.
2.2. Any additional or different terms proposed by the Customer are rejected unless expressly agreed to in writing by the Company.
3. Orders
3.1. All orders must be placed in writing and are subject to acceptance by the Company.
3.2. The Company reserves the right to refuse any order at its discretion.
4. Pricing and Payment
4.1. Prices for Products and Services are as specified in the Company's quotation or as agreed in writing.
4.2. All prices are exclusive of taxes, duties, and shipping costs, which are the responsibility of the Customer.
4.3. Payment terms are net 15 days from the date of invoice for any services or software subscriptions unless otherwise agreed in writing.
4.4. Late payments are subject to a late fee of 1.5% per month or the maximum rate permitted by law, whichever is lower.
4.5 Payment terms for any hardware or outright software purchases are due immediately upon receipt of the invoice
5. Delivery and Risk of Loss
5.1. Delivery dates are estimates only and the Company is not liable for delays.
5.2. Risk of loss passes to the Customer upon delivery of the Products to the carrier.
6. Title
6.1. Title to the Products remains with the Company until full payment is received.
6.2. The Customer agrees to perform all acts necessary to perfect and maintain such title in the Company.
7. Warranties
7.1. Statutory Guarantees: The Company acknowledges that the Products and Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Products, the Customer is entitled to a replacement or refund and compensation for any other reasonably foreseeable loss or damage. If the Products fail to be of acceptable quality and the failure does not amount to a major failure, the Customer is entitled to have the Products repaired or replaced.
7.2. Acceptable Quality: The Company guarantees that the Products will be of acceptable quality, meaning they will be safe, durable, free from defects, acceptable in appearance and finish, and fit for the purposes for which goods of that kind are commonly supplied.
7.3. Fit for Purpose: The Company guarantees that the Products will be fit for any disclosed purpose that the Customer makes known to the Company, and for any purpose for which the Company represents they are fit.
7.4. Third-Party Warranties: The Company will pass on to the Customer any warranties provided by the original manufacturers or suppliers of the Products. The Company itself does not provide any additional warranties beyond those offered by the original manufacturers or suppliers.
7.5. Services Warranty: The Company guarantees that the Services will be provided with due care and skill, and that the Services and any resulting products will be fit for the purpose that the Customer has made known to the Company.
7.6. Remedies: In the event of a failure to comply with any of the above guarantees, the Customer is entitled to the remedies provided under the Australian Consumer Law, which may include repair, replacement, or refund, as well as compensation for any reasonably foreseeable loss or damage.
8. Limitation of Liability
8.1. The Company’s liability for any claim arising out of or related to these terms and conditions or the Products or Services shall not exceed the amount paid by the Customer for the Products or Services.
8.2. In no event shall the Company be liable for any indirect, incidental, special, or consequential damages.
9. Intellectual Property
9.1. The Company retains all intellectual property rights in the Products and Services.
9.2. The Customer is granted a non-exclusive, non-transferable license to use the software provided by the Company solely for its internal business purposes.
10. Confidentiality
10.1. Both parties agree to keep confidential any proprietary information received from the other party.
10.2. This obligation of confidentiality shall survive the termination of these terms and conditions.
11. Termination
11.1. Either party may terminate these terms and conditions upon 30 days written notice to the other party.
11.2. Upon termination, the Customer shall pay for all Products delivered and Services performed up to the date of termination.
12. Governing Law
12.1. These terms and conditions shall be governed by and construed in accordance with the laws of Queensland.
12.2. Any disputes arising out of or related to these terms and conditions shall be resolved in the courts of Queensland.
13. Miscellaneous
13.1. These terms and conditions constitute the entire agreement between the parties and supersede all prior agreements and understandings.
13.2. Any amendments to these terms and conditions must be in writing and signed by both parties.
13.3. If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.