Terms & Conditions
- ‘Client’ means the entity or person requesting the Services, including the Client’s agents or employees, and if there is more than one Client, is a reference to each Client jointly and severally.
- ‘i2i means M Wilson & Co. Pty Ltd t/as i2i Consulting ABN 43 156 309 714, its successors and assigns or any person acting on behalf of and with the authority of i2i.
- ‘Price’ means the price payable for the Services as agreed between i2i and the Client, as set out in the Invoice.
- ‘Services’ means all equipment, supplies, software, products, costs per page for mono and colour prints each month, and other services supplied by i2i to the Client at the Client’s request from time to time.
- The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for the Services or if the Client requests or is provided with the Services in any other manner as agreed between i2i and the Client, including the Solutions and Maintenance Agreement / Tax Invoice.
- These terms and conditions govern the Client’s use of the Services.
- These terms and conditions may only be amended with i2i’s consent and shall prevail to the extent of any inconsistency with any other document or agreement between i2i and the Client.
Time for payment for the Services being of the essence, the Price will
be payable by the Client on the date/s determined by i2i, which may be:
- upon purchase of the Services;
- the date specified on any invoice or other form as being the date for payment; or
- by way of ongoing monthly payments pursuant to the relevant Services purchased by the Client.
- Unless otherwise stated, the Price includes GST.
- Time for payment for the Services being of the essence, the Price will be payable by the Client on the date/s determined by i2i, which may be:
Default and Consequences of Default
- Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at i2i’s sole discretion such interest shall compound monthly at such a rate) after, as well as before any judgment.
- If the Client owes i2i any money, the Client shall indemnify i2i from and against all costs and disbursements incurred by i2i in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor/client basis, i2i contract default fees, and bank dishonour fees).
- Without prejudice to any other remedies i2i may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions, i2i may suspend or terminate the supply of Services to the Client. I2i will not be liable to the Client for any loss or damage the Client suffers because i2i has exercised its rights under this clause.
- Without prejudice to i2i’s other remedies at law, i2i shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to i2i shall, whether or not due for payment, become immediately payable if any money payable to i2i becomes overdue, or in i2i’s opinion the Client will be unable to make a payment when it falls due.
The Client warrants that it:
- has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that these terms and conditions create binding and valid legal obligations on it;
- will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose, except with i2i’s written consent;
- shall not obscure, alter, remove or delete any copyright notices contained in the Services, nor will it copy, modify, adapt, translate or otherwise create derivative works of any of the Services;
- shall not make attempts to reverse engineer or otherwise discover the source code of i2i’s software;
- shall not use any meta tags or other hidden text utilising i2i’s name without i2i’s prior written consent;
- shall keep private and take responsibility for protecting any passwords for the Services and prevent unauthorised access of the Services;
- may be liable for any damages suffered by i2i, should the Client make any unauthorised use of the Services, including but not limited to the provision of the Services by the Client to a third party.
- The Client warrants that it:
Competition and Consumer Act 2010 (CCA)
- Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory implied guarantees under the CCA) may be implied into these terms and conditions (‘Non-Excluded Guarantees’).
- I2i acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
- Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, i2i makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Services. I2i’s liability in respect of these warranties is limited to the fullest extent permitted by law.
- If the Client is a consumer within the meaning of the CCA, i2i’s liability is limited to the extent permitted by section 64A of Schedule 2 of the CCA.
If the Client is not a consumer within the meaning of the CCA, i2i’s
liability for any error or omission in the Services is:
- limited to the value of any express warranty provided to the Client by i2i at i2i’s sole discretion;
- otherwise negated absolutely.
- I2i may cancel any contract or order to which these terms and conditions apply or cancel delivery of Services at any time before the Services are delivered by giving seven (7) days’ email notice to the Client. On giving such notice and provided that the Services have not yet been delivered, i2i shall repay to the Client any money paid by the Client for the Services. I2i shall not be liable for any loss or damage whatsoever arising from such termination.
- In the event that the Client cancels delivery of Services, the Client shall be liable for any and all loss incurred (whether direct or indirect) by i2i as a direct result of the cancellation.
Personal Property Securities Act 2009 (‘PPSA’)
- In this clause financing statement, financing change statement, security agreement and security interest has the meaning given to it by the PPSA.
- Upon assenting to these terms and conditions, the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Services that have previously been supplied and that will be supplied in the future by i2i to the Client.
- The Client undertakes to:
promptly sign any further documents and/or provide any further
information (such information to be complete, accurate and up to date
in all respects) which i2i may reasonably require to:
- register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register (‘PPSR’);
- register any other document required to be registered by the PPSA; or
- correct a defect in a statement referred to in clause 10.3(a)(i) or 10.3(a)(ii);
- indemnify, and upon demand reimburse, i2i for all expenses incurred in registering a financing statement or financing change statement on the PPSR or releasing any Services charged thereby;
- not register a financing change statement in respect of a security interest without the prior written consent of i2i;
- not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of i2i.
- i2i and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
- The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
- The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
- Unless otherwise agreed to in writing by i2i, the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA.
- The Client must unconditionally ratify any actions taken by i2i under clauses 10.3 to 10.5.
- Subject to any express provisions to the contrary, nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
Privacy Act 1988
- The Client agrees for i2i to obtain from a credit reporting agency a credit report containing personal credit information about the Client in relation to credit provided by i2i.
The Client agrees that i2i may exchange information about the Client
with those credit providers either named as trade referees by the Client
or named in a consumer credit report issued by a credit reporting agency
for the following purposes:
- to assess an application by the Client; and/or
- to notify other credit providers of a default by the Client; and/or
- to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
- to assess the creditworthiness of the Client.
- The Client consents to i2i being given a consumer credit report to collect overdue payment on commercial credit (Privacy Act 1988 section 18K(1)(h)).
The Client agrees that personal credit information provided may be used
and retained by i2i for the following purposes (and for other purposes
as shall be agreed between the Client and i2i or required by law from
time to time):
- the provision of Services; and/or
- the marketing of Services by i2i, its agents or distributors; and/or
- analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Goods; and/or
- processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
- enabling the daily operation of the Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Services.
I2i may give information about the Client to a reporting agency for the
- to obtain a consumer credit report about the Client;
- allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
The information given to the credit reporting agency may include:
- personal particulars (such as the Client’s name, sex, address, previous addresses, date of birth and driver’s licence number);
- details concerning the Client’s application for credit or commercial credit and the amount requested;
- advice that i2i is a current credit provider to the Client;
- advice of any overdue accounts and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;
- that the Client’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default which has been listed;
- information that, in the opinion of i2i, the Client has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Client’s credit obligations);
- advice that cheques drawn by the Client for one hundred dollars ($100) or more have been dishonoured more than once;
- that credit provided to the Client by i2i has been paid or otherwise discharged.
- If i2i or the Client believes a dispute has arisen in relation to any matter under these terms and conditions, then that party must promptly give the other party written notice setting out the matter in dispute.
- Both parties shall meet within seven (7) days of the giving of such notice to attempt to resolve the dispute.
- In the event that the dispute cannot be resolved then the matter shall be referred to a mutually agreed third party or, failing agreement on a third party, to the Resolution Institute (www.resolution.institute) for assistance in the resolution of the dispute.
- Any written notice given under these terms and conditions shall be delivered by emailing the notice to the other party, leaving it at the address provided by the other party, or by sending it by registered post to the address provided by the other party.
- The failure by i2i to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect i2i’s right to subsequently enforce that provision.
- If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
- These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales.
- The Client shall not be entitled to set off against or deduct from the Price, any sums owed or claimed to be owed to the Client by i2i or withhold payment of any invoice because part of that invoice is in dispute.
- I2i may licence or sub-contract all or any part of its rights and obligations without the Client’s consent.
- The Client agrees that i2i may amend these terms and conditions at any time. If i2i makes a change to these terms and conditions, then that change will take effect from the date on which i2i publishes the updated terms and conditions on the Site. The Client will be taken to have accepted such changes if the Client makes a further request for i2i to provide Services to the Client.
- Services and Costs: i2i reserves the right to increase its fees by up to 20% annually for Colour and Mono copies. Furthermore, I2i consulting also has the right to increase these rates further if devices have been used outside of manufacturer specifications.
- Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
- For all Canon devices and print solutions provided by i2i where service is provided by Canon directly, service will be provided only on the basis of:
- Canon’s prevailing standard terms and conditions of Service (available on request).
- All relevant customer obligations set out in Canon’s standard terms and conditions of Service being reflected adequately.
- Should service ever be subcontracted to a Canon Accredited Partner, i2i remain primarily responsible to customers for the services provided by relevant sub-contractor(s). In these instances, i2i will reasonably negotiate and agree commercial terms of any subcontract between ourselves and a Canon Accredited Partner.
- Canon not being obliged to provide service for Products and/or Software if it is not brand new and unmodified or new re-manufactured Canon equipment. Where Canon (in its sole discretion) agrees to service Products that are not as described above, Canon will arrange to inspect it and charge a reasonable additional fee for any work required to return the Products to what Canon (in its sole discretion) reasonably considers to be a serviceable standards.
- Invoicing being done on a ‘time and materials’ basis for any services performed at Canon’s prevailing rate at the time the sub-contracted services are performed.