Aptus | Standard Terms and Conditions
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Standard Terms and Conditions

1. Confidentiality

1.1 Each party agrees to keep confidential any information supplied to the other party during the course of the project and each party undertakes not to use confidential information for any purpose other than that for which it was disclosed. The confidentiality obligations survive the termination of the project or engagement.

2. Data Protection

2.1 Aptus Business Solutions accepts no liability for the loss, accidental or otherwise, of any data. It is the responsibility of the client to ensure all data is backed up and protected from viruses and other disasters.

3. Services

3.1 Our costs are made up of fees and disbursements. We charge fees by reference to the time our staff spend on your projects at the hourly rate associated with that project unless specifically agreed otherwise.

3.2 Our Standard Rates may change from time to time. New rates will apply from the date notified to you.

3.3 Should work be required outside of normal business hours, a  twenty-five percent (25%) loading on the Standard Rate will apply. After hours rates will be applied after 6pm Monday to Friday, or at any time on Saturday and Sunday.

3.4 Aptus Business Solutions will not be liable to the client for any delay in providing the services which is caused by an event or circumstance which is not within the reasonable control of Aptus Business Solutions.

3.5 The client must make decisions, provide approvals and obtain all necessary authorisations in a timely manner. The client is responsible for the accuracy and integrity of any accounting or other data provided to Aptus Business Solutions.

4. Telephone / Remote Support

4.1 Telephone support covered by an agreement includes time spent on the telephone with the client as well as any work that is required in relation to the query. Any incidental cost associated with the work will be on charged to the client.

4.2 Our fees for Telephone support (not covered by an agreement) are charged on an “as required basis”. Telephone support as required is chargeable in 15 minute units. If a support call requires less than 15 minutes, it will therefore be invoiced at our minimum charge of 15 minutes.

5. Standard of Services

5.1 In providing the services, Aptus Business Solutions will exercise the degree of skill, care and diligence normally exercised by its peers in its industry at the time the services were performed.

6. Invoicing and Payment

6.1 Aptus Business Solutions may submit invoices to the client for payment of fees for on-site implementation, training and support and telephone support at weekly intervals at at the completion of the services. Current consulting rates are used to calculate the invoice amount. Payment of the amount referred to in an invoice is due from the client within 7 days of the date of the invoice.

6.2 Invoices for software are issued upon shipment of software, and payment must be made by the client on receipt of the software.

6.3 All amounts to be paid by the client are exclusive of GST. Aptus Business Solutions will provide a valid tax invoice to the client.

6.4 The Client must pay all Charges by bank transfer using such payment details as are notified by Aptus Business Solutions to the Customer from time to time.

6.5 If the Customer does not pay any amount as due, Aptus Business Solutions may charge the Customer interest on the overdue amount at the rate of 8% per annum above the Reserve Bank of Australia base rate from time to time (which interest will accrue daily until the date of actual payment and be compounded at the end of each calendar month).

7. Invoicing and Payment – Software and Hardware

7.1 Invoices for all software and/or hardware purchases are issued on shipment of goods.

7.2 For all orders greater than $10,000 a deposit of 50% of the total value is required on acceptance of the proposal. Payment for the balance of the order is required 7 days from the invoice which will be issued with the shipment of goods.

7.3 Software will only be ordered on written acceptance of the proposal. Once software has been ordered it forms a binding agreement between the client and the Software vendor in accordance with their EULA (End User Licence Agreement). Returns require a written claim for credit and if approved with incur a fee. We recommend that you read and understand these terms and conditions. Software license codes will not be issued until full payment has been received.

7.4 Software Returns are only considered on submission of a written claim for credit and, if approved, will incur a fee.

7.5 Software license codes will not be issued until full payment has been received.

7.6 Freight, where applicable, will be charged. Payment is expected on receipt of goods. Aptus Business Solutions ownership of hardware and software products until paid for in full by the Client.

8. Warranties

8.1 All software and hardware supplied is covered by the original licencor’s warranty. Because of the nature of software, this warranty is usually limited to protecting the user against programming errors. It is in your interest to read carefully the licensing agreement.

9. Travel

9.1 All reasonable costs of travel and accommodation are expected to be met by the client during any project or the supplier of support services.

10. Validity

10.1 Proposals are valid for 30 days from the proposal date.

11. Project Changes and Cancellation

11.1 Aptus Business Solutions reserves the right to review and negotiate the estimated costs and/or development times given in any proposal before, during or upon completion of a project.

11.2 If the project is indeed cancelled by the client then all fees owing for completed, or partially completed work will still be payable in full.

12. Credit Claims

12.1 All claims for credit need to be lodged in writing within 30 days of the invoice date.

13. Intellectual Property Rights

13.1 All intellectual property rights created or developed by Aptus Business Solutions prior to the provision of the services or in connection with the provision of the services will belong to Aptus Business Solutions.

13.2 No intellectual property owned by Aptus Business Solutions may be disclosed to third parties without Aptus Business Solutions prior written consent.

14. Liability

14.1 Aptus Business Solutions liability to the client whether arising under these terms of engagement or from the performance of any service provided to the client is limited to the fee actually paid to Aptus Business Solutions or, if rectification is possible, the rectification of any service provided at no cost.

14.2 Aptus Business Solutions will not be liable to the client for any claim, liability or demand relating to the loss of revenue or profit or any kind of economic loss, any kind of indirect or consequential loss or damage or any loss or damage which is not a direct result of a breach by Aptus Business Solutions of these terms.

15. Termination

15.1 Either party may terminate the enagement by providing 30 days written notice to the other.

15.2 Either party may terminate if the other materially breaches these terms of engagement and fails to remedy the breach within 7 days of receiving notice from the non-defaulting party.

16. Jurisdiction

16.1 These terms of engagement are governed and construed in accordance with the laws of South Australia.