Quote My Technology Pty Ltd (ACN: 111 088 343)
This is Quote My Technology's Terms and Conditions of service available at URL: www.quotemytechnology.com.au/termsconditionspriv.php. Please read this Agreement carefully before accessing any of the Quote My Technology Services. Quote My Technology has written this agreement in guidance according to the Australian Commonwealth Trade Practices Act. The Quote My Technology Services include but are not necessarily limited to the supply of Referrals, use of the Quote My Technology Web Site, Support Services and/or any Quote My Technology software made available to you as a user of the Service. It is condition of your use of the Service that you comply with these terms and conditions.
The terms and conditions contained herein are binding to the exclusion of all other written or verbal agreements, statements, understandings, negotiations or proposals made between Quote My Technology and the Service Provider, and shall be governed by the laws in force in the state of New South Wales. Both parties hereby submit to the exclusive jurisdiction of the Courts of that State.
Terms & Amendment Procedure
- This Agreement ("Terms And Conditions"), in addition to any other specific agreement between Quote My Technology Pty. Ltd. ("Quote My Technology") and the Service Provider ("You"), represents the complete understanding and agreement between you and Quote My Technology. This agreement made between us with these terms commences when your registration for services was accepted by Quote My Technology.
- Quote My Technology is a referral service. Quote My Technology is not a provider of services to which a client has requesting a quote for. Quote My Technology is not connected in any way to Service Providers. Quote My Technology is not liable for any part of the Service Providers service, nor does Quote My Technology guarantee the Service Providers service.
- Quote My Technology does not give advice relating to the Service Providers industry.
- Information, on all sections of the site provided by Quote My Technology is intended as a guide only.
- Quote My Technology attempts to keep information up to date and reliable; however does not guarantee that it is.
- Quote My Technology may vary this agreement, Services, pricing, equipment, products, or the terms of the operation of the Service, at any time by general notice on a page of the internet referred to on our web site at www.quotemytechnology.com.au. The changes will become effective upon publication of the notice. Where we vary the prices for Services, we will give at least 14 days notice of the change by the same means, and the new prices will apply at the end of that period.
- If you continue to use the Service after that publication, the use will constitute an acceptance of the amended term. It is your sole responsibility to ensure that you are up to date on the most current version of the Quote My Technology terms and conditions.
- This agreement establishes your rights and obligations when using any of our Services, and supersedes prior agreements. If you do no agree to the terms of this agreement, do not purchase, use or access any of the Quote My Technology Services.
Service Provider Responsibility
- You agree that Quote My Technology may report any outstanding debts past 60 days due, including full Service Provider details to relevant credit agencies.
- Should you sign any agreement then it is deemed that you have provided Quote My Technology with your full authority to seek and gain access to all of your personal and private information necessary to fulfil our obligations and rights as set out under such agreement.
Warranties & Liabilities
- The Service Provider must be over 18 years of age. If the Service Provider is under 18 years of age then a custodian must complete and be bound to this agreement as the responsible party for this contract in place of the Service Provider.
- The Service Provider warrants that at the time of entering into this agreement the Service Provider is not relying on any representation made by Quote My Technology which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity materials which were produced by Quote My Technology.
- The Service Provider warrants that all details (including billing and contact information) provided to Quote My Technology is complete, current and accurate. The Service Provider also warrants to maintain and update this information as needed to keep it current, complete and accurate.
- The Service Provider is responsible for the Service Providers account. If the Service Provider permit others to use Quote My Technology service, the Service Provider is responsible for making users of the service aware of these Terms & Conditions.
- Quote My Technology clients have agreed to allow Quote My Technology to search for a Service Provider on their behalf. The Service Provider must abide by the Privacy Laws of Australia in relation to the clients information.
- Quote My Technology does not guarantee that a referral sold to the Service Provider will result in the client going forward with their purchase of the Service Providers service.
- Resale of Quote My Technology Services or Referrals is not permitted under any circumstances.
- Service Providers who join Quote My Technology must be currently working in the industry to which the service is being supplied within Australia. Quote My Technology reserves the right to cancel membership to anyone who is not employed as stated. Quote My Technology also reserves the right to cancel membership to Service Providers who do not strictly adhere to these Terms & Conditions.
- Once a Service Provider has joined Quote My Technology, the Service Provider is considered an Alliance Partner. Membership is free and does not carry a charge. It is a condition of membership that Quote My Technology is allowed to e-mail the Service Provider, at the Service Providers nominated e-mail address, as stated by the Service Provider in the Service Providers membership sign up. Reasons for e-mail may be promotional, or Quote My Technology may be calling in other regards to the Service Providers membership, such as to ascertain who in the industry the Service Provider represents. Quote My Technology also reserves the right telephone the Service Provider. The right to remain a member of Quote My Technology is at the discretion of Quote My Technology. The Service Providers membership may be cancelled, without notice, at any time. If the Service Providers account is funded and Quote My Technology elects to cancel the Service Providers membership, the Service Provider will be refunded, in full, any monies in the Service Providers account.
- In accepting the services, you indemnify Quote My Technology for the violation of any law or Quote My Technology policy that results in loss to Quote My Technology or the bringing of any claim against Quote My Technology. If Quote My Technology is sued because of activities of a Service Provider that violate any law, or this policy, the Service Provider will pay any damages awarded against Quote My Technology, plus costs and reasonable solicitor' fees.
Suspension & Termination of Service
- Quote My Technology does not warrant the following:
- The Services provided under this agreement will be uninterrupted, faultless or free of error.
- the Services will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the Services, systems or network belonging to Quote My Technology.
- The Service will meet the Service Provider's requirements, other than as expressly set out in these terms and conditions.
- You agree that Quote My Technology’s entire liability, and the Service Provider's exclusive remedy, with respect to any Services provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Services. We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. We disclaim any and all loss or liability resulting from, but not limited to:
- any special, punitive, incidental, indirect or consequential damages of any kind.
- loss or liability resulting from access delays or access interruptions or the inability to use the Services.
- loss or liability resulting from data non-delivery or data misdelivery.
- loss or liability resulting from the unauthorised use or misuse of Service Provider details.
- loss or liability resulting from errors, omissions, or misstatements in any and all information or Services(s) provided under this Agreement.
- loss or liability resulting from the Service Provider's negligence, fraudulent or otherwise unlawful behaviour.
- loss or liability resulting from failure to store or loss of data, files or other content.
- loss or liability resulting from the statements or actions if any employee or agent of Quote My Technology.
- The Service Provider agree that Quote My Technology will not be liable for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if Quote My Technology have been advised of the possibility of such damages.
- Quote My Technology is not liable to the Service Provider or any other person for the following:
- cost, loss or liability (including loss of profit or other consequential damage) arising from our supply or failure or delay in supplying the Service.
- the content, context or confidentiality of any communications made using the Service.
- The Service Provider indemnify Quote My Technology (its subsidiaries, officers, directors, employees, partners or suppliers) against all costs, expenses, loss or liability that Quote My Technology may suffer (directly or indirectly) resulting from:
- Service Provider's breach of these terms.
- Service Provider's use or misuse of the Service.
- Service Provider's use or misuse of the Service by any person using the Service Provider's account.
- Quote My Technology is provided on an "as is" basis without warranties of any kind, either expressed or implied, including, (but not limited to) warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and unable of exclusion, restriction or modification under the laws applicable to transactions conducted on Quote My Technology.
- The Service Provider expressly agrees that use of the Quote My Technology site is at the Service Providers sole risk. The Service Provider understands that Quote My Technology does not make any warranty as to the results that may be obtained from the use of the Quote My Technology sites or as to the accuracy, reliability or content of any information or service provided through the Quote My Technology sites.
- This disclaimer of liability applies to any damages or injury from any cause including without limitation, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, unauthorised access to, theft or destruction, alteration of, or use of record, whether for breach of contract, deceitful behaviour, negligence or under any other cause of action. The Service Provider acknowledges that Quote My Technology is not liable for the defamatory, offensive or illegal conduct of other Service Providers or their parties and that the risk of injury from the foregoing rests completely with the Service Provider.
- In no event will Quote My Technology or its affiliates or agents be liable for any damages whatsoever under any circumstances.
Billing, Payment and Term
- Quote My Technology may without notice to the Service Provider, suspend the service, deactivate or deny your access to the service due to failure to comply with the Quote My Technology Terms & Conditions, which includes the Acceptable Use Policy, and failure to pay charges due. Suspension will be lifted only when the breach is rectified. The Service Provider remains liable for all charges due throughout the period of suspension.
- Quote My Technology may end this agreement with the Service Provider and cease providing services for any reason, on 30 days written notice to the Service Provider.
- If a Service Provider account is closed, all outstanding charges must be paid immediately. Quote My Technology may delete all Service Provider Data from any storage media.
- Quote My Technology is under no obligation to provide a copy of the Service Provider Data to the Service Provider if the Service Provider account is suspended or terminated. If Quote My Technology provides the Service Provider with a copy of Service Provider Data, Quote My Technology is entitled to charge a service fee.
- As consideration for the services you have selected, you agree to pay Quote My Technology the applicable service fees as advertised on the Quote My Technology web site in advanced of the time period during such services are provided. All fees payable hereunder are non-refundable.
- Quote My Technology charges the following fees where applicable. All such fees are subject to change with 30 days notice.
- Account set up fee
- Subscription fee
- Service fee
- Administration fee
- Subscription Cancellation. Upon your request to cancel your Subscription Membership, Quote My Technology will provide a full refund for the cost of purchasing the Subscription Membership if you have not accessed any leads using the “Subscription Credit” method of payment during the period of the subscription. If you have accessed any leads using the “Subscription Credit” method of payment during the period of subscription, your subscription fee is not refundable.
- Lead Purchase Refund/Credit. Should a lead prove to be bogus or inaccessible, Quote My Technology will credit the full value of the purchase to the Service Providers account for all methods of payment in which the lead was purchased including Credit Card, Available Credit, and Subscription Credit. The Service Provider must request a refund by completing a Refund Request Form. Quote My Technology will verify the authenticity of the lead before any credit is applied. The authenticity or accessibility of any lead will be deemed bogus or inaccessible at the sole discretion of Quote My Technology.
- Quote My Technology reserves the right to offer subsequent promotional rates which may or may not be more favourable than the terms under which you entered this agreement. Any such periodic rates shall not effect the then existing rights and responsibilities of each party. Quote My Technology also reserves the right to change the rate charged for any such fee under this agreement with 30 days notice.
- Prices published on our web site are inclusive of any government taxes or charges unless otherwise noted, and exclusive of any registration or delegation charges imposed by domain name authorities.
- All invoices will be sent via email. Service Providers are required to pay their invoice in advance using the available method of choice.
- Currencies. All invoices and payments are processed in Australian dollars, with conversions made by Service Provider's credit card company. All Service Providers are advised to check amounts using recent exchange rates before ordering.
- A provision of, or a right created under this agreement, may not be waived except in writing signed by the party granting the waiver, or varied except in writing signed by the parties.
- The law in force in New South Wales governs this agreement and the transactions contemplated by this agreement.
- Unless you are an authorised Quote My Technology reseller, you may not resell any Quote My Technology Services or assign your rights and obligations under this agreement without our prior written consent.