Terms & Conditions of Trade
1. Definitions
1.1 “Aspiring” means Ultimate Tech Pty Ltd trading as Aspiring IT, its successors and assigns or any person acting on behalf of and with the authority of Ultimate Tech Pty Ltd trading as Aspiring IT.
1.2 “Client” means the person/s or any person acting on behalf of and with the authority of the Client requesting Aspiring IT to provide the Services as specified in any proposal, quotation, order, invoice or other documentation. Where there is more than one Client, this refers to each Client jointly and severally; if the Client is a trustee, it includes obligations in that capacity; and it includes executors, administrators, successors and permitted assigns.
1.3 “Goods” means all goods supplied by Aspiring IT including where applicable any services.
1.4 “Services” means all services supplied by Aspiring IT including advice, recommendations and professional work outlined in the Service Level Agreement.
1.5 “Price” means the amount payable for Goods and/or Services plus GST.
1.6 “GST” means Goods and Services Tax under Australian law.
2. Acceptance
These terms are read alongside the Service Level Agreement; if inconsistent, this document prevails. Any instruction or acceptance of goods/services constitutes acceptance of these terms, and the Client is immediately bound once an order is placed or goods/services are accepted. Changes must be agreed in writing, and no verbal agreements are binding unless confirmed in writing. Electronic signatures are valid under Australian law. Third-party supply conditions apply where relevant, and Managed Services require compliance with minimum system requirements. Equipment must be stored in appropriate temperatures (recommended 20 to 25°C).
3. Errors and omissions
Aspiring IT is not liable for errors or omissions unless caused by negligence or misconduct. Errors do not invalidate the contract.
4. Change in control
The Client must give 14 days written notice of changes to ownership or business details.
5. Exclusions to services
The following are not included: office relocation, third-party hardware/software issues, malicious actions, migrations, non-managed devices, illegally licensed software, internet/telecommunications setup, and improper equipment storage.
6. Price and payment
Price is based on invoice, quote, or agreement, and variations may change pricing. Deposits may be required. Payment terms may include on delivery, instalments, invoice date, or 14 days from invoice. Payment methods include bank transfer, credit card, or agreed methods. No withholding or offset is allowed, and GST is payable in addition unless stated otherwise.
7. Delivery
Delivery occurs when goods are collected or delivered. Delivery cost may be included or additional. Third-party delivery is considered valid delivery, and goods may be delivered in instalments. Delivery times are estimates only.
8. Risk
Risk passes on delivery. The Client must insure goods. Aspiring IT is not responsible for unattended deliveries, data loss, or unbacked-up systems. Software remains licensed, not owned.
9. Limitation of liability
Aspiring IT provides services with reasonable care, is not responsible for third-party work, and is not liable for verbal advice unless confirmed in writing.
10. Title
Ownership remains with Aspiring IT until fully paid. Until then, the Client holds goods as bailee, cannot sell or alter goods, and must allow recovery of goods if required.
11. Personal Property Securities Act 2009 (PPSA)
This agreement creates a security interest. The Client must assist with registrations and waives certain rights under the PPSA.
12. Security and charge
The Client charges its assets as security for payment obligations.
13. Defects, warranties and returns
Goods must be inspected within 7 days, and returns require approval. Liability is limited to Australian Consumer Law, with no liability for misuse or improper storage.
14. Confidentiality
Both parties must keep all information confidential.
15. Intellectual property
All designs remain property of Aspiring IT and cannot be used without permission. The Client guarantees no IP infringement.
16. Default
Interest of 2.5% per month applies to overdue invoices. The Client covers recovery costs, and all debts become payable if default occurs.
17. Cancellation
Aspiring IT may suspend services if the Client breaches terms. Orders may be cancelled before delivery, and the Client is liable for losses on cancellation.
18. Privacy Act 1988
Credit information may be collected and shared. The Client may request access or corrections, and complaints are handled within 30 days.
19. Unpaid seller’s rights
Aspiring IT may retain or sell goods until payment is made.
20. Service of notices
Notices may be given by hand delivery, post, email, or fax.
21. Trusts
Trustees remain personally liable and must not alter the trust without consent.
22. General
NSW law applies. Liability is limited to the cost of goods/services. Aspiring IT may assign or subcontract, and force majeure applies.