Terms

Double Z Computer Pty Limited Terms and Conditions for Software, Software Maintenance and Services

Scope

This Software, Software Maintenance and Services Agreement (the Agreement) is made between Double Z Computer Pty Limited and the Client whose name, address and signature is set out in the Service Agreement Schedule. Software refers to computer software owned by Double Z Computer and provided for use by the Client. Software Maintenance refers to the answering of queries, the supplying of advice and the correction of software errors relating to the use of software maintained under this agreement. Services include the transmission and exchange of EDI documents over EDI networks and to the supply of a period of time by an employee or representative of Double Z Computer Pty Limited to carry out software and EDI network related tasks specified or agreed to by the Client.

Location

For the purpose of this Agreement, the Client premises detailed in the schedule will normally relate to the location of any software installed for the Client by Double Z Computer. Software shall not be transferred to other premises without prior notification to, and agreement of, Double Z Computer Pty Limited.

Term

This Agreement shall be effective on the day it is executed by Double Z Computer Pty Limited and shall remain in force thereafter until terminated by either party after giving sixty days notice.

Payment

Software and or Mailbox charges and Services are billed monthly, and Software Maintenance charges are billed annually in advance. Payment is due immediately and payable within seven days of sending the Invoice. Double Z Computer Pty Limited reserves the right to bill and collect any taxes in the form of a Goods and Services Tax or Wholesale Sales Tax that might be imposed by the Australian Tax Office on the services provided to the Client while this Agreement is in force even if the Client has made payment for the services listed in the Schedule prior to the tax being imposed. The charges detailed in the Schedule will remain in effect for the 6 month period following your purchase. Thereafter these charges may be revised. In the event of the customer being in default of his obligation to pay and the overdue account is then referred to a debt collection agency, and or law firm for collection, the customer shall be liable for the recovery costs incurred. Interest shall run on the monies outstanding from the date due for payment until the date payment is made at the rate prescribed by the Penalty Interest Rates Act (Vic) plus two per centum.

Access

Authorised employees and representatives of Double Z Computer Pty Limited will have free and full access to the software and computer on which it functions in order to carry out Software Maintenance and Service. Access will be at a mutually agreed time.

Limitations

A. Loss of data and software will not be covered under this agreement. It is the Client's responsibility to ensure that full disk backup procedures have been enforced and that disk backups are available if required.

B. The agreement does not cover labour to repair damage caused to software or data due to electrical power failure, theft, fire, water, abuse or other source beyond the control of Double Z Computer Pty Limited.

C. The agreement does not cover labour to re-install software or provide re-training or additional training on use of the software.

D. Software Maintenance queries exceeding one hour per month may be deemed to be Software Services and will be billed at the current hourly rate as detailed in the Schedule. Double Z Computer Pty Limited will inform you if this situation occurs.

E. If, in response to a remedial call having been placed, the software is shown to be functioning successfully, the Client may be liable for payment at the then current hourly rate for the time involved in responding to the call.

F. Except by alternative arrangement, hours of Software Maintenance and Service shall be 9.00AM to 5.00PM Australian Eastern Time Monday to Friday excepting public holidays.

General

Without prior written consent of Double Z Computer Pty Limited this contract shall not be assigned or transferred and use or maintenance of the software or data shall not be permitted by any person who is not an employee or representative of either party. If either party is in default of the terms of this agreement, and such fault continues for thirty days after written notice thereof by the other party, this agreement may be terminated by the other party. Double Z Computer Pty Limited agrees to carry out Software Maintenance and Services as specified in the Schedule for the indicated charges subject to the Terms and Conditions contained in this document. No other terms and conditions shall be included or implied unless agreed to in writing signed by an authorised officer or representative of both parties.