Terms and Conditions
Web Terms and Conditions
This is a legal agreement (“Terms and Conditions”) between you and Thrive IT Pty Ltd ACN 619 130 488 (“Thrive IT”, “we” or “us”) in respect to the services set out in these Terms and Conditions.
PART 1: WEBSITE DESIGN
1. Provision of Service
1.1. Thrive IT will provide you with the services set out in your confirmed Purchase Order. Only those services mentioned will be provided by Thrive IT and any amendments, add-ons or schedule changes must be agreed to in writing and will incur additional cost.
1.2. Any additional services requested that is not included in the Purchase Order will be charged at the rate of $100 ex GST per hour.
2.1. You must pay all charges as set out in the Purchase Order as and when they fall due. You will remain liable for all fees during any period when Services have been discontinued or suspended due to a failure on your part to comply with these Terms and Conditions.
2.2. The upfront payment of 50% of the contract price (Payment 1) is non-refundable as costs will be incurred by us once the project commences.
2.3. All intellectual property rights remain with Thrive IT until payment has been made in full by you.
2.4. Any third party products or services obtained by Thrive IT on behalf of the client require full payment by the client.
3. Limitation of Liability
3.1. All terms conditions, warranties, undertakings inducements and representations, whether expressed or implied, statutory or otherwise relating to the provision of services by Thrive IT not contained in these Terms and Conditions are excluded and Thrive IT will not accept liability for any loss or damage (including consequential loss or damage) however caused which may be suffered or incurred or which may arise directly or indirectly with respect to the service.
3.2. You acknowledge that websites cannot be guaranteed to be 100% error free in construction and acknowledge that the existence of errors falling short of a complete failure of consideration in the site shall not constitute a reason to terminate this agreement.
4. Suspension of service
4.1. Thrive IT reserves the right to suspend or discontinue services in any case where you fail to perform your obligations under this agreement. If payment for services is not received within the terms of payment stipulated by us websites may be taken down until payment is confirmed. Thrive IT may from time to time and without notice or liability to you suspend any of the services if the reason for doing same is an event beyond the reasonable control of Thrive IT.
5. Content of Website
5.1. Thrive IT makes no representations to you concerning the content of your Website. You will be solely responsible for the content and images of your website. Thrive IT is not responsible for proof-reading any content unless specifically agreed. If any of the images and content are not lawfully owned or licensed by the Client, explicit permission to use them must be obtained.
5.2. Additional charges will apply if you require us to proof read or improve the content of your Website.
6. Technical Support, Changes and Maintenance
6.1. All enquiries for technical support should be sent to firstname.lastname@example.org.
6.2. We endeavour to respond to all enquiries within forty-eight (48) hours. However, a failure to do so within the specified timeframe shall not be considered a breach of these Terms and Conditions by Thrive IT.
6.3. Extensive queries or site maintenance (which requires more than 0.5 hours to resolve) will be charged at an hourly rate of $100 ex GST.
7.1. The client does not have any ownership rights to the source code or software copyrighted to Thrive IT.
7.2. Thrive IT shall be free to reproduce, use, disclose display exhibit, transmit, perform, and create derivative works of the website. Further, Thrive IT shall be free to use any ideas concepts know-how or techniques acquired in construction of sites for any purpose whatsoever.
7.3. Thrive IT observes Privacy Laws and Guidelines relating to personal data.
8.1. Thrive IT reserves the right to place its company URL on a non-conspicuous location on the Client’s Web Site acknowledging their role in designing the Website.
8.2. Written agreements between us may take the form of letters, formal documents, faxes or emails.
PART 2: WEBSITE HOSTING
9. Reseller service
9.1. Thrive IT is a reseller of VentraIP Australia Pty Ltd (VentraIP) website hosting service. By engaging our service, you are also bound by Ventra IP’s Terms, Policies and Agreements as set out in https://ventraip.com.au/terms-policies-agreements/ (“Ventra IP’s terms”). A breach of any of Ventra IP’s Terms is considered a default under these Terms and Conditions.
9.2. Thrive IT reserves its right to modify, change, or discontinue any aspect of the Services at any time.
9.3. Access to the web hosting service may be terminated by us where you have breached these Terms and Conditions.
10.1. Establishment and continuance of the Web Hosting service is dependent upon receipt by Thrive IT of payment of stated charges. If an account is not paid in full then Thrive IT reserves the right to suspend your account (without notice) until all payments have been received.
10.2. The minimum you are required to pay for hosting is the agreed regular monthly rate for your chosen plan. Any excessive data usage may be subject to additional charges.
10.3. Any payment enquiries must be made in writing to email@example.com. Any request for refund of any prepaid but unused services will be subject to Ventra IP’s refund policy (see https://ventraip.com.au/wp-content/uploads/2016/08/VentraIP-Australia-Terms-of-Service-v3-2.pdf).
11. Technical Support
11.1.All enquiries and request for technical support should be directed to VentraIP via email firstname.lastname@example.org. For more information about VentraIP’s service availability and level, please see VentraIP’s Service Level Agreement (https://ventraip.com.au/wp-content/uploads/2016/08/sla-v3-1.pdf).
11.2.At your request, we may assist with any enquiries that you have made with VentraIP.
12. Liability and Indemnity
12.1. You agree to indemnify and hold harmless Thrive IT, its contractors, and agents from and against any and all claims and expenses, including legal fees, arising out of your use of Thrive IT services, including but not limited to your violation of this Terms and Conditions or Ventra IP’s Terms and Conditions.
PART 3: DOMAIN SERVICE
13. Reseller Service
13.1. Thrive IT is a reseller of TPP Wholesale Pty Ltd (TPP Wholesale) domain registration, transfer and renewal service. By engaging our service, you are also bound by TPP Wholesale Pty Ltd’s Terms, Policies and Agreements as set out in https://www.tppwholesale.com.au/legals/ (“TPP Wholesale’s Terms”). A breach of any of TPP Wholesale’s Terms is considered a default under these Terms and Conditions.
13.2. Thrive IT reserves the right to modify, change, or discontinue any aspect of the Services at any time.
13.3. Access to the domain registration, transfer and renewal service may be terminated by us where you have breached these Terms and Conditions.
14.1. Establishment and continuance of this service is dependent upon receipt by Thrive IT of payment of stated charges. If an account is not paid in full then Thrive IT reserves the right to suspend your account (without notice) until all payments have been received.
14.2. Domain name registrations, renewals and transfers are not refundable.
14.3. Any payment enquiries must be made in writing to email@example.com. Any request for refund of any prepaid but unused services will be subject to TPP Wholesale’s refund policy (see https://www.tppwholesale.com.au/legals/).
15. Technical Support
15.1. All enquiries and request for technical support should be directed to TPP Wholesale’s Support Centre on 1300 885 884.
15.2. At your request, we may assist with any enquiries that you have made with TPP Wholesale.
16. Liability and Indemnity
16.1. You agree to indemnify and hold harmless Thrive IT, its contractors, and agents from and against any and all claims and expenses, including legal fees, arising out of your use of Thrive IT services, including but not limited to your violation of this Terms and Conditions or TPP Wholesale’s Terms and Conditions.
PART 4: GENERAL
17. This Terms and Conditions are governed by the laws of New South Wales, Australia. You and Thrive IT submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
18. The provisions of this Terms and Conditions are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
19. This Terms and Conditions set out the entire understanding and agreement between You and Thrive IT with respect to its subject matter.
IT Sales Terms and Conditions
This is a legal agreement (“Terms and Conditions”) between you and Thrive IT Pty Ltd ACN 619 130 488 (“Thrive IT”, “we” or “us”). By placing an order with Thrive IT for the purchase of computer parts and equipment, you are deemed to have read and agreed to this Terms and Conditions.
1.1. Thrive IT does not guarantee compatibility between all components sold. It is your sole responsibility to ensure that products are compatible prior to ordering. To reduce the chance of incompatibility we recommend that you conduct your own research prior to purchase.
2. Placing orders
2.1. Any order placed by you is an offer by you to purchase a particular product for the price specified in the quote that we provide you. You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the Goods ordered.
2.2. By placing an Order you agree to pay the price for the Goods, any Delivery Charge and any Other Charges which may apply as provided in our quote.
2.3. Please check your Order carefully (including the quantities ordered) before submitting it as Orders cannot be changed or cancelled once the Order has been accepted by Thrive IT.
2.4. Thrive IT reserves its rights to accept or reject your offer for any reason, including without limitation, the unavailability of any product.
2.5. Thrive IT may require additional verification or information before accepting any order. You agree to provide us with current, complete and accurate details when asked to do so by Thrive IT.
3.1. All of our prices are in Australian dollars (AUD) and include 10% GST (Goods and Services Tax). If delivery charges are applicable, then such charges will be provided in our quote.
3.2. Prices quoted are based on payment by either EFTPOS, Direct Deposit or Credit Card. Credit card payments will attract a 1.5% surcharge payable by you in additional to the quoted price.
3.3. You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
3.4. Thrive IT reserves the right to change the payment methods that can be used for Orders at any time.
3.5. Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email. All transfer payments must reference the relevant order number or reference number provided by Thrive IT staff. A failure to make reference to the relevant order number or reference number may result in a delay in the dispatch of the Goods.
4.1. Except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither Thrive IT nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
4.2. Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.
4.3. On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, your Goods will be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the delivery address.
4.4. It is the your responsibility to be available for delivery at the designated address and to sign and accept the goods, redelivery attempts may cost extra and may be passed on to you if delivery address is unattended. You are responsible for all extra freight charges, which include redelivery, redirection, refused shipments and incorrectly given delivery details.
4.5. If you require Goods that you have ordered to be re-directed to an address which is not the original Order address Thrive IT may charge you a reasonable fee for doing this.
4.6. If Goods received are not as per your order, please contact us in writing within 24 hours of receiving the delivery. Do not open any packaging or use the Goods as it will be deemed an acceptance of Goods and will not be accepted for return. All claims for shortages/incorrect shipment must be made within 24 hours of receipt of Goods.
4.7. If the parcel appears damaged in any way upon delivery, please ensure that the courier makes note of the damage before signing for receipt of the product. If you fail to note the damage, you will not be able to claim for Goods damaged during transit.
4.8. We will, where products are in stock, ship all orders within 1-2 business days. Shipping times can vary between 1-7 business days depending on your location within Australia. If the products are not in stock then we will notify you within 3 business days of receiving your order to provide an estimated time of arrival.
4.9. If you provide us with an authority to leave a delivery at a certain location, we will leave your order on your doorstep even if no one is around to receive it. Please note in this case Thrive IT cannot be held responsible for lost or damaged deliveries after they have been dropped off.
5.1. Thrive IT reserves the right to cancel, at any time before delivery and for whatever reason, an Order it has previously accepted. Thrive IT may do this for example, but without limitation where:
5.1.1. Thrive IT are unable to supply Goods which Thrive IT’s suppliers previously promised to supply
5.1.2. An event beyond Thrive IT’s immediate control such as flood, fire, storm, earthquake, power failure, strike or computer systems failure which leads to Thrive IT being unable to supply the goods within a reasonable time.
5.2. Where Thrive IT cancels your Order, we will send you an e-mail notifying you of cancellation and will refund any money paid in respect of that order in full.
5.3. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Thrive IT will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise.
5.4. You may not be able to cancel your Order once it has been confirmed by Thrive IT. We recommend that you consider carefully prior to placing an Order with us
6. Change of mind Returns and Exchange
6.1. Thrive IT does not accept a request to return and refund purchased goods where you have simply changed your mind, made a wrong selection or have simply found the goods cheaper elsewhere. We recommend you consider carefully before placing an order with us.
7.1. All Goods sold are sold with a manufacturer warranty. Goods which are the subject of any warranty or returns claim must be returned to Thrive IT at 49 Province St Abbotsbury 2176 within the warranty period before any such claim may proceed. To the full extent permitted under Australian law, the cost of returning the Goods will be borne by you. All warranty claims should be made in writing to firstname.lastname@example.org.
7.2. Before you return the Goods to us, we strongly recommend that you consider contacting the manufacturer directly. Not only is the manufacturer best suited to assess and help you with your problem because they made your product and know how your product operates, but they are in many circumstances obligated to help you. It is our experience that when customers experience any problem operating their product, it can often be resolved quicker if the manufacturer is involved directly at the early stage. In many cases, the issue may be resolved with some basic “troubleshooting” by the manufacturer, so the manufacturer is always a good first point of contact.
7.3. A large percentage of warranty returns are tested to be without fault. Please note if a product returned to Thrive IT for warranty is deemed to be NOT FAULTY, Thrive IT reserves its right to charge a service fee for each product returned. Shipping charges to return the product to you will be applied. In addition any fees charged by a relevant authorised service centre may also be charged.
7.4. The whole warranty process usually takes 4 – 6 weeks. However, under some circumstances, it can take 8 – 10 weeks.
7.5. In order to obtain any remedy from us, you must provide us with clear proof of purchase. The proof of purchase may either be a:
7.5.1. receipt we issued or
7.5.2. bank statement or credit card statement where the amount shown on the statement directly corresponds with the purchase price of the product (where multiple products were purchased in one transaction, this would limit our ability to establish proof of purchase).
7.5.3. if we cannot be satisfied that you purchased the product from us then we may elect whether or not to accept your product for return.
7.6. Please ensure that all products shipped to Thrive IT are adequately packed. Thrive IT take no responsibility for products that arrived damaged which have been damaged in transit. All such damaged products will be rejected immediately and costs for return shipping will be charged.
7.7. Once proof of purchase has been established, we will need to consult with the manufacturer or repair agent to determine the fault and resolution. When we send your product to the manufacturer or their repair agent, we will ask them to assess the product and provide their assessment within a reasonable timeframe.
7.8. Once the product is with the manufacturer or their repair agent, they will determine whether:
7.8.1.there is no fault found;
7.8.2.there is a non-major fault which can be easily repaired within a reasonable timeframe;
7.8.3.there is a major fault found and you are to be offered a replacement or a refund; or
7.8.4.the product has been damaged or abused through misuse, abnormal use or negligent use.
7.9. Where the manufacturer’s assessment finds that there is no fault with the product, or that the product has been damaged due to misuse, abnormal use or negligent use, then
7.9.1. we will not offer a refund or exchange;
7.9.2. at your request, we can order a repair of your product at your costs;
7.9.3. you must pay us for any fee incurred by us in connection with the assessment of your product, the transportation of your product to and from the manufacturer and the shipping costs of returning the product to you.
7.10. Any product sold by Thrive IT is meant to be professionally installed; improper installation and resulting damage is not covered under warranty.
7.11. Thrive IT does not directly handle warranty returns for products where a local or direct manufacturer to customer warranty service is available. These products may include notebook, laptops, PC, printers, scanners, monitors and other retail products. Please check the manufacturer’s warranty terms and conditions for the specific
8. Limitation of Liability
8.1. Except for liability in relation to breach of any implied condition, warranty or guarantee under the Competition and Consumer Act 2010 (Cth), the exclusion of which from a contract would contravene any statute or cause any part of this Terms and Conditions to be void (“Non-excludable Condition”), to the extent permitted by law Thrive IT specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods supplied), arising out of or in any way connected with your transaction with Thrive IT.
8.2. Except for liability in relation to a breach of any Non-excludable Condition, Thrive IT’s liability to you is limited to the price of the Goods paid by you to Thrive IT in relation to your transaction with Thrive IT.
9.1. This Terms and Conditions are governed by the laws of New South Wales, Australia. You and Thrive IT submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
9.2. The provisions of this Terms and Conditions are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
9.3. This Terms and Conditions set out the entire understanding and agreement between You and Thrive IT with respect to its subject matter.