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Terms and Conditions

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  1. Definitions
    1. Software includes all relevant programs, documentation, manuals, printed and written matter
    2. Hardware means computer hardware, peripherals and accessories
    3. Services means any other contracted work, including consulting, training, installation and customisation, but not limited to this list
    4. Products means any Software, Hardware or Services supplied by CRMcentral
    5. Purchaser means the legal entity of your business or company. Any signatory of Access Office documents or agreement is taken to have full capacity on behalf of your employing company
    6. Proposal is the formal proposal prepared by the Supplier and presented to the Purchaser
    7. Supplier means CRM Central Pty Ltd
  2. Acceptance of Terms and Conditions
    1. receipt of instructions by the Supplier from the Purchaser for the supply of and/or acceptance of goods/services is deemed acceptance of the terms and conditions herein on the part of the Purchaser
    2. these terms and conditions, having been accepted, cannot be rescinded other than as provided for within these terms and conditions and are irrevocable unless by written agreement between the Purchaser and the Supplier
  3. Software License
    1. any CRMcentral software is licensed to the purchaser. The software may not be copied to any other user or third party whatsoever and may not be resold. The software is protected by copyright laws
    2. any third-party software is covered by their terms and conditions
  4. Payment
    1. payment terms are in advance for software and hardware, and 7 days from date of order for all other services, unless otherwise specified and agreed to in a written proposal
    2. in default of payment in full by the due date, the Purchaser may be charged late payment fees of 2.5% per month on any amount outstanding, at the Supplier's discretion. Furthermore, the Purchaser agrees to pay all costs and expenses regarding collection of late payments, whether this be via a solicitor, collection agent or other authorised business acting on behalf of the Supplier
  5. Property
    1. property remains that of the Supplier until the Supplier receives payment in full of the purchase price of the products and services and all other amounts that the Purchaser owes to the Supplier for any reason
    2. The Purchaser authorises the Supplier or its agent to enter its premises to remove any Products which are the property of the Supplier without prejudice to any other of the Supplier's rights, and the Purchaser indemnifies the Supplier against all costs and claims in respect of its exercise or rights under this clause.
  6. Returns
    1. the Purchaser agrees that returns shall only be accepted by the Supplier only with the written consent of the Supplier
  7. Warranties
    1. the Supplier makes no representations or warranties in respect of third-party Products
    2. the Supplier undertakes to correct faults within Supplier-created applications within the time frame agreed in the Service Level Agreement, within a written Proposal
  8. Sales of Goods Act and Consumer Guarantees Act
    1. the supply of Products by the Supplier is not covered by the Consumer Guarantees Act or the Sale of Goods Act, unless able to be executed by reasons of law
  9. Indemnity
    1. the Purchaser indemnifies the Supplier against all costs (including legal costs on a solicitor and own client basis), expenses, losses, damages or claims arising in any way where you have failed to comply with any one of these terms, as modified from time to time
  10. Intellectual Property
    1. The Purchaser will not use any trade marks, or any similar words or marks, or any combination of words incorporated in the registered business names CRM Central, RapidCRM, DATAplan Systems or FLIGHTplan Systems. The Purchaser will not use any trademarks, or any similar words or marks, or any combination of words incorporated in the registered business names CRM Central, RapidCRM, DATAplan Systems or FLIGHTplan Systems
    2. all intellectual property shall remain the property of the Supplier and any third-party supplier entitled thereto and neither the Supplier nor its suppliers transfer any right, title or interest in the intellectual property to the Purchaser
  11. Purchaser and Information Guarantee
    1. the Purchaser warrants that the information supplied by you in this application is true and correct and it is acknowledged that the Supplier will rely on the correctness of the representations and information that the Purchaser has provided. You further undertake to inform the Supplier of any change in the information
  12. Variation
    1. the Supplier reserves the right to modify and vary these terms and conditions at any time
  13. Non Waiver
    1. if the Supplier fails to enforce any terms or to exercise its rights under these terms and conditions at any time, then the Supplier has not waived those rights
  14. Severability
    1. if any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions
  15. Law
    1. these terms and conditions are governed by the laws of Australia and New Zealand and any dispute under them shall be subject to the jurisdiction of the national Courts of of the applicable country
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