Terms & Conditions

Standard Terms for the Supply of Services and Equipment by Cloud Kinnekt Pty Ltd 

ABN 31 623 337 851 trading as Cloud Kinnekt.

Unless otherwise specifically agreed in writing by Cloud Kinnekt and the Customer, these Standard Terms are the only terms and conditions on which Cloud Kinnekt will supply Services to the Customer.

1. Definitions

In these standard terms, unless the context indicates otherwise:

Cloud Kinnekt - means Cloud Kinnekt Pty Ltd (ABN 31 623 337 851),

Contract - means the contract between the Customer and Cloud Kinnekt for the Services constituting the Order, these Standard Terms and any other terms agreed by the parties in writing;

Customer - means the person placing the Order with Cloud Kinnekt;

Related Entities - has the meaning set out in the Corporations Act 2001 (Cth);

Means - means any services provided by Cloud Kinnekt to the Customer, and any goods provided by Cloud Kinnekt to the Customer incidentally to those services.

2. General

These Standard Terms override and replace any inconsistent terms or conditions in any document or communication used by the Customer in relation to the purchase of Services or any industry practice or earlier course of dealing, except as set out in the Cloud Kinnekt Quotation or any terms agreed in writing and signed by Cloud Kinnekt. 

3. Variations and Cancellations

a) Cloud Kinnekt will have sole discretion to accept or reject any variation or modification of the Contract. Where Cloud Kinnekt accepts a modification or variation of the Contract, the Customer is liable for all increased costs incurred by Cloud Kinnekt.

b) Cloud Kinnekt will have sole discretion to accept or reject any Order cancellation request by the Customer. Where a cancellation is accepted, the Customer is liable for any loss or expenses that have been incurred by Cloud Kinnekt in respect of that Order.

c) If the customer requests to cancel an order and Cloud Kinnekt agrees to the cancellation, a restocking fee of 20% will apply to all equipment, this price will increase for special orders.

4. Price and Payment

a) Unless otherwise stated by Cloud Kinnekt prices are as quoted by Cloud Kinnekt, are subject to change without notice, and are exclusive of all taxes (including GST), duties, levies and other government charges.

b) If GST is payable on a supply made under or in connection with the Contract, Cloud Kinnekt may increase the price otherwise provided for that supply under the Contract by the amount of that GST.

c) Unless otherwise agreed, Cloud Kinnekt will issue invoices to the Customer upon the supply of the Services.

d) Cloud Kinnekt reserves the right to issue to the Customer and be paid for progress claim invoices.

e) For quoted works and equipment over $2,000, up to 100% of the quoted price will be invoiced and must to be paid before Cloud Kinnekt will order the Equipment.

f) Invoices must be paid in full (without set off) by the Customer and received by Cloud Kinnekt within 14 days of the date of invoice. 

g) Overdue accounts will be subject to interest at the rate of 13% p.a., calculated monthly, for the period the account is due until the date it is paid”.

h) In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including legal demand costs.

5. Title and Risk

a) Risk in Services passes on delivery of the goods to the Customer. 

b) Title in goods provided by Cloud Kinnekt to the Customer passes upon payment in full by the Customer for the Services.

6. Force Majeure

Where a Force Majeure event prevents or delays Cloud Kinnekt from performing an obligation under a Contract, that obligation will be suspended as long as the Force Majeure event continues. Force Majeure events include, but are not limited to, an act of God, war, revolution or any other unlawful act against public order or authority, an industrial dispute including strike or other labour disturbances, a governmental restraint, a shortage or unavailability of parts, a hardware or software fault, unavailability of the Customer Contact Officer, unavailability of full, free and safe access to Customer premises or the location of works and any other event which is not within the reasonable control of Cloud Kinnekt.

7. Agreed Installation

a) The date for the supply of services and installation of equipment is to be agreed upon by Cloud Kinnekt and the Customer in writing.

b) Unless expressly stipulated in the quoted works, the supply of services and installation of quoted equipment is to be completed in one site visit. If through no fault of CommSpec, our employee or contractor are required to return at another time to complete the work additional call out fees and labour charges will apply.

c) If additional configuration is required for customer supplied equipment, this will be charged in addition to the quoted price. We may not be able to provide notice on such fees as they often arise during the installation process.

d) The customer must ensure the site is ready for Cloud Kinnekt to complete the agreed upon work and includes but is not limited to the following:

i. All required cabling is in place and has been terminated, tested and labelled appropriately.

ii. Access is provided to the MDF, IDF and any other distribution frames that may be required.

iii. Access is provided to the data room/cabinet, offices, rooms or other locations where equipment is to be installed.

iv. All required furniture and fittings such as desks, benches, data racks/cabinets are in location and ready for equipment to be installed and tested.

8. Warranties

a) Except as expressly provided to the contrary in the Contract, all representations, warranties, terms and conditions in relation to the Services (whether implied or otherwise) are excluded to the maximum extent permitted by law.

b) If Cloud Kinnekt is liable to the Customer for any warranties or representations in relation to the supply of Services, any claim must be made within 14 days of the delivery of those Services, and the maximum amount that may be recovered from Cloud Kinnekt is strictly limited to:

i) for goods: the cost of repair or replacement of the defective goods;

ii) for services: to the provision of services again, or the payment of the cost of having those services performed again, at Cloud Kinnekt’s discretion.

9. Termination

a) Cloud Kinnekt may terminate any Contract immediately by written notice to the Customer, in which case the Customer must pay for all Services provided up to the date of termination.

10. Limitation of Liability

a) The Customer releases Cloud Kinnekt, its officers, agents, employees and contractors from any loss, damage, expense (including lawyer’s fees and expenses on a solicitor/client basis), claim, demand or liability made or incurred in connection with or arising out of:

i)personal injury, death or property loss or damage suffered by any person arising out of any negligent act or omission of Cloud Kinnekt; or

ii) a breach by Cloud Kinnekt of any term of the Contract.

b) For the avoidance of doubt, Cloud Kinnekt’s maximum liability to the Customer in respect of any claim made by the Customer will be no greater than the amount of insurance coverage recovered by Cloud Kinnekt in respect of the claim under any applicable insurance policies taken out by Cloud Kinnekt.

c) The Customer indemnifies and holds harmless Cloud Kinnekt, its agents and Related Entities, and any employees of any of them from any loss, damage, expense (including lawyer’s fees and expenses on a solicitor/client basis), claim, demand or liability made against or incurred by Cloud Kinnekt in connection with or arising out of:

i)personal injury, death or property loss or damage suffered by any person arising out of any negligent act or omission of the Customer; or

ii) a breach by the Customer of any term of the Contract.

d) Cloud Kinnekt holds the benefit of this clause 9 on trust for itself, its Related Entities, and the officers, agents, employees and contractors of any of them.

e) Despite anything to the contrary, Cloud Kinnekt will not be liable to make any payment (whether by way of damages or under an indemnity or otherwise) to the Customer for any special, indirect, consequential loss or loss of profits, however arising.

11. Variation

These Standard Terms may only be varied in writing and Cloud Kinnekt may vary these Standard Terms upon notice to the Customer. If so, the Customer may terminate its Contract and must pay for all Services provided to that date. If the Customer continues to accept the Services, the varied terms will apply to all Services provided after that time.

12. Severance

If any provision or part of a Contract is void or otherwise unenforceable for any reason then that provision or part (as the case may be) shall be severed and the remainder shall be read and construed as if the severable provision or part had never existed.

13. Applicable Law

These Standard Terms are governed by the laws of the Australian Capital Territory. The parties submit to the non-exclusive jurisdiction of the courts of Australian Capital Territory.

Fees and Charges

As at 1 December 2018, our current rates are:

Service Call/Call Out

- Canberra region - $70

- Over 30km from  Gowrie, ACT -$2 per km (based on google maps for travel to and from site)

Labour (Business Hours 8.30am to 5pm)

- Labour (on site or remote) $150 per hour - charged in 30 minute (or part thereof) blocks, minimum charge of one hour.

- Labour for customers with a maintenance contract but for work that falls outside the scope of the contract, $130 per hour - charged in 30 minute (or part thereof) blocks, minimum charge of one hour.

Emergency Call Out (During Business Hours)

If the customer does not have a maintenance agreement and requires immediate assistance.

- Emergency call out fee $200 (Canberra region)

- Emergency call out fee over 30km from Gowrie ACT $150 plus $2.50 per km (based on google maps for travel to and from site)

After Hours Call Out

Outside of normal business hours of 8.30am to 5:00pm Monday to Friday, and public Holidays 

- After hours call out fee $200 (Canberra region) 

- Emergency call out fee over 30km from Gowrie ACT $150 plus $3 per km (based on google maps for travel to and from site)

After Hours Labour

Outside of normal business hours of 8.30am to 5:00pm Monday to Friday, and Public Holidays 

• Labour (on site or remote) $250 per hour (charged in 30 minute blocks or part there of), minimum charge of one hour.

• Labour for customers with a maintenance contract but for work that falls outside the scope of the contract, $230 per hour - charged in 30 minute (or part thereof) blocks, minimum charge of one hour.

Parking

If free parking is not available and parking is not provided by the customer, parking costs will be passed on.

Call Forwarding

- Setting and removing call forwards in the Cloud PBX - $15 per call forward and per removal (charges added to CloudPBX account).

Chargeable Work 

Chargeable work includes but is not limited to:

- Adds, moves and changes to physical or Cloud PBX systems.

- Additional and advanced training on a physical or Cloud PBX system.

- Investigating and rectifying faults on equipment and/or networks not covered by a maintenance agreement with us.

We will investigate faults reported to us, if the fault is caused by our services (VOIP/Cloud PBX or internet) this work will not be chargeable. If the fault is not caused by our services and falls outside the scope of any maintenance agreement, the work will be chargeable.