Chigle-assist is a service provided by Chigle Pty Ltd,
using internet-based remote access, to offer a faster
level of desktop computer and personal helpdesk support.
Click for more details
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Chigle Standard Terms |
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‘Contract’ means any
contract pursuant to which Products and/or Services are
supplied or to be supplied by Chigle Pty Ltd to the
customer and computer software incorporated therein is
licensed or to be licensed by Chigle Pty Ltd for use by
the Customer. ‘Customer’ means the person or company to
whom Products and/or Services are supplied and includes
that company’s successors and permitted assigns. ‘Chigle
Pty Ltd’ and ‘Chigle Business Solutions’ means Chigle Pty Ltd, the supplier of Products
and/or Services to the Customer, and includes Chigle Pty
Ltd’s successors or assigns. ‘Products and/or Services’
means the products and/or services supplied by Chigle
Pty Ltd to the Customer pursuant to a Contract and
specified on the invoice dispatched by Chigle Pty Ltd to
the Customer.
Any Contract between the
Customer and Chigle Pty Ltd shall be upon these terms
and conditions and these terms and conditions shall
operate to the exclusion of any terms and conditions to
the contrary effect expressed in any of the Customer
order forms or other documentation and shall supersede
all prior arrangements, written or oral. The continued
operation of these terms and conditions shall not be
affected by any repudiation of any contract or
transaction relating to the Products and/or Services
between Chigle Pty Ltd and the Customer.
Unless the Customer is an
approved account Customer, payment must be made prior to
dispatch of Products and/or Services, either in cash or
by bank cheque, or on approval, by company cheque,
direct deposit or accepted credit card. Subject to
special arrangements, payment must be made by approved
account Customer within agreed terms. Should the Customer
elect to purchase the Products through lease, the
Customer is required to notify Chigle Pty Ltd in writing
and a copy of the approved finance letter must be sent
to Chigle Pty Ltd prior to the dispatch of Products. All
payment shall be made on or before the due date as a
condition precedent to future supplies under the
contract pursuant to which the payments are due or under
any other Contract. Chigle Pty Ltd reserves the right to
charge interest calculated at 2% per annum above the
rate at the time being charged by the bankers of Chigle
Pty Ltd on overdrafts exceeding $10,000 on the balance
of the Price due by the Customer but unpaid from the due
date until payment is received in full by Chigle Pty
Ltd. Chigle Pty Ltd may at any time and from time to time
alter the terms of payment and such altered terms of
payment shall apply in respect of all transactions
taking place after notification of such alterations.
Chigle Pty Ltd is registered
for the GST system. All quoted prices show the Chigle
Pty Ltd sell price, a Goods and Services Tax of 10%
and/or a combined total which defines the invoice price
payable. Chigle Pty Ltd agrees to issue tax invoices in
accordance with relevant legislation or regulations that
apply to the GST from time to time.
In consideration of the
payment by the Customer, in addition to the price, of
Chigle Pty Ltd’s freight, handling and insurance charge
calculated according to Chigle Pty Ltd current prices,
Chigle Pty Ltd will arrange delivery of Products to the
Customer’s nominated location within major metropolitan
areas of Australian capital cities. Delivery times quoted
by Chigle Pty Ltd are estimates only and Chigle Pty Ltd
may extend delivery times. Chigle Pty Ltd may make part
delivery of any Products and/or Services ordered by the
Customer and any Products and/or Services so delivered
shall constitute a separate contract upon these terms
and conditions. As such, an invoice on any Products
and/or Services part delivered is due in accordance with
the agreed terms of payment. Delivery of Products is
deemed to take place: at the time the Customer or a
carrier, whether engaged by Chigle Pty Ltd or the
Customer, takes possession of the Products; or within 7
days of notification by Chigle Pty Ltd to the Customer
that the Products are available, whichever first
occurs. Delivery of Services is deemed to take place on
completion of the provision of the Services to the
Customer by Chigle Pty Ltd.
An order may be cancelled or
varied by the Customer only if such cancellation or
variation is accepted by Chigle Pty Ltd in writing and
any such cancellation or variation shall only occur on
terms which will provide for Chigle Pty Ltd to be
compensated by the
Prior to full payment of the
Price and all other sums owing by the Customer to Chigle
Pty Ltd in relation to any Products, the Customer shall
have no right to sell or dispose of any or all of the
Products. Until payment for the Products has been made by
the Customer the Products are only entrusted to the
Customer as a fiduciary, and Chigle Pty Ltd remains the
legal and beneficial owner of the Products with full
power to resell and regain possession in the event of
the Customer’s default of payment. The Customer
acknowledges and agrees that all rights in all
copyright, designs, patents and trade marks existing in
relation to the Products or Services are reserved to the
owner of those rights. The Customer licenses computer
software incorporated within any Products or sold to the
Customer for the customer’s use only. The Customer shall
ensure that each part and copy of the computer software
licensed for the use of the Customer is kept under
conditions of strict security and confidentiality.
The Customer assumes risk of
loss or damage upon delivery of the Products to the
Customer or collection of the Products by the Customer
or by any agent acting on their behalf. Chigle Pty Ltd
will insure Products against such risks that Chigle Pty
Ltd considers appropriate for the transport of the
products from Chigle Pty Ltd’s place of business to that
of the Customer.
Products may be returned
provided the Customer obtains from Chigle Pty Ltd a
Return Authorisation (RA) Number in advance of returning
the Products. Products must be returned complete with
all original packaging unmarked within 14 days of
supply. Freight is to be paid by the Customer and
Chigle Pty Ltd accepts no responsibility in respect of
returned Products lost or damaged in transit.
Chigle Pty Ltd agrees that
all warranties as are applicable from time to time will
be passed unaltered from the manufacturer of the
Products to the Customer. Chigle Pty Ltd does not
warrant any Products of its own accord and all remedies,
repairs or replacement for any Products will be at the
ultimate discretion of the manufacturer.
Recently, insurance
companies in general have been excluding Year 2000
related liability from Professional Indemnity policies.
In line with this, Year 2000 liability has also been
excluded from Chigle Pty Ltd’s Professional Indemnity
policy and hence Chigle Pty Ltd performs this contract
under the following conditions: Chigle Pty Ltd shall not
be responsible for any misinformation provided to it by
the Customer or any third party. Chigle Pty Ltd limits
its liability for any loss or damages attributable to
the provision of its services ("Loss or Damage"), at its
option, to the delivery of the relevant services again or
payment for the relevant services to be provided
again. In particular, Chigle Pty Ltd shall not be liable
for any direct or consequential Loss or Damage including
without limitation, direct or indirect damages for
personal injury, loss of business profit, business
interruption, loss of business information or any other
pecuniary loss arising out of the use of the
recommendations and solutions provided under this
agreement. Further, the Customer agrees that it may only
take action against Chigle Pty Ltd for Loss or Damage,
such that if any of: Chigle Pty Ltd’s employees,
directors, sub-contractors and agents; its
sub-contractors’ and agents’ employees, directors,
sub-contractors and agents; and so on down the line,
would be liable as well as Chigle Pty Ltd for any Loss
or Damage, action will not be taken by the Customer
against such person or entity. The Customer shall
indemnify Chigle Pty Ltd and hold Chigle Pty Ltd
harmless from and against any and all third party claims
which may be asserted against or suffered or incurred by
Chigle Pty Ltd that arise during the course of this
contract unless such claims result from acts of Chigle
Pty Ltd which constitute serious and wilful misconduct
by Chigle Pty Ltd or are outside Chigle Pty Ltd’s
ordinary performance of this contract. For the purpose
of the indemnity above, Chigle Pty Ltd includes: Chigle
Pty Ltd Pty Ltd; its employees, directors,
sub-contractors and agents; its sub-contractors’ and
agents’ employees, directors, sub-contractors and
agents; and so on down the line.
Chigle Pty Ltd, its agents,
or subcontractors shall not divulge confidential
Customer information associated with any Services
provided to any third party, without the Customer’s
consent. However, Chigle Pty Ltd shall bear no
responsibility for disclosure where such information or
data is publicly available, is already in the possession
of Chigle Pty Ltd, known to Chigle Pty Ltd, or is
obtained by Chigle Pty Ltd from a third party. This
document should not be distributed to any organisation
without the prior written consent of Chigle Pty Ltd.
The laws of the State of
South Australia shall govern this Contract. This Contract
is the entire agreement between the Customer and Chigle
Pty Ltd and no representation or statement not expressly
contained in this contract or incorporated herein by
reference, shall be binding on either party.
The Customer is
provided with a non-transferable, non-exclusive right to
use the content of the document, and or scripts or
software customisations for the purpose of using or
implementing the outcomes or recommendations contained
in this document. The intellectual property rights of
and in this document, or scripts or software
customisations are commercial in confidence and must not
be disclosed to any third party by the Customer except
for the purpose of assisting the Customer to use or
implement the outcomes or recommendations contained in
this document, or scripts or software customisations.
Furthermore no part of this document or scripts or
software customisations must be reproduced in whole or
in part, or supplied to any third party without the
prior written consent of Chigle Pty Ltd. If the Customer
is unable to comply with these intellectual property
terms and conditions then the Customer must inform
Chigle Pty Ltd as soon as reasonably possible and return
this document or scripts or software customisations
Chigle
Pty Ltd is not liable for the failure to complete either
in part or full any of this contract and shall be
excluded from indemnity due to causes beyond our
control, including but not limited to acts of God, war,
riot, embargoes, acts of civil or military authorities,
fires, floods, earthquakes, accidents resulting in
injury to any of Your Directors or employees, strikes,
shortages of transportation, facilities, fuel, energy,
labour or materials.
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