Terms and Conditions

DEFINITIONS

In these Terms and Conditions of Supply the following words and phrases shall have the following meanings;

"Acceptable Use Policies" means the policies set out on the Networx Australia Company’s Web Site relating to the use of the Services, as modified or amended from time to time;

"Account" means the Customer's account with the Networx Australia for provision of the Services;

"Broadband" means the broadband service as described at http://www.networxenterprise.com;

“Business Day” means any day from Monday to Friday other than a public holiday in the place where an act or thing is to be done or a notice is to be received under this Agreement;

"Business User" means a Customer who uses the Services and/or Equipment in the course of any trade or business;

"Charges" means the charges payable by the Customer in return for the Services and/or Equipment in accordance with Clause 7;

"Company" means Networx Australia Pty Ltd ABN 90 091 675 160;

"Company's Web site" means the Web site at http://www.networxenterprise.com, and references to "our Web site" shall be construed accordingly;

"Customer" means the person, group of persons or other entity whose name and address is or are set out in the Application Proposal;

"Application Proposal" means the application form for the supply by the Company of the Equipment and/or Services, completed by, or in accordance with an order from, the Customer;

"Equipment" means the equipment specified on the Application Proposal;

“GST” means goods and services tax;

“GST Act” means A New Tax System (Goods and Services Tax) Act 1999 (Cth);

"Insolvency" means in relation to the Customer any of the following (as relevant): the appointment of any nominee, trustee, supervisor, administrator, administrative receiver, receiver or liquidator pursuant to the Corporations Act 2001 (Cth) (as modified, amended or replaced from time to time); or the entry into any compromise or arrangement with its creditors or if it commits any act of bankruptcy; or if an order is made or effective resolution is passed for its winding up (except for the purposes of amalgamation or reconstruction of a solvent company); or the occurrence or sufferance of anything equivalent under any jurisdiction other than New South Wales and "Insolvent" shall be construed accordingly;

"Law" means the law of New South Wales, in force from time to time, and shall include (without prejudice to generality of the foregoing) all criminal law, laws relating to intellectual property and all laws, rules and/or regulations relating to the publication or transmission of information or data in electronic form. References to "Law" shall be construed accordingly;

“Loss” means losses, claims, damages, costs, demands, expenses and other liabilities;

"Minimum Cancellation Notice Period" means the minimum period of notice that a Customer must give the Company to terminate a specific Service or this Agreement, as set out in the Terms and Conditions of Supply and/or Specific Terms and Conditions;

"Minimum Service Period" means the minimum Service Period as set out in Clauses 2.2 and 2.3 or the Specific Terms and Conditions;

"Name" means any name specifically requested by or allocated to the Customer for the provision of the Services and includes any User Name, Internet domain name or electronic mailbox name;

"Network Connection" means an Internet access service for use by multiple machines;

"Password" means a password issued to the Customer for the Customer's access to the Services;

“Personal Information” has the meaning given in section 6 of the Privacy Act 1988 (Cth);

"Price List" means the Company's price list relating to the Equipment and/or Services set out on its Web site, as amended from time to time;

"Privacy Policy" means the Company's policy regarding privacy, set out on our Web site, as amended from time to time;

"Service Period" means the period of an individual Service provided in accordance with this Agreement;

"Service" means a service specified on the Proposal, and described in the Company's literature at the date of completion of the Proposal together with all services and/or facilities referred to in any Specific Terms and Conditions; all references to

"Services" shall be construed accordingly;

"Specific Terms and Conditions" means the specific terms and conditions (if any) applicable to any part of the Services referred to on the Application Proposal;

"us" or "we" means the Company, and references to "our" shall be construed accordingly;

"User Name" means any user name allocated to the Customer for access to the Services;

"you" means the Customer, and references to "your" shall be construed accordingly.

1. THE SERVICES

1.1 We shall provide you with the Services and/or the Equipment subject to the terms of this Agreement.

1.2 We shall not be obliged to provide the Services and/or Equipment to you unless and until;

1.2.1 We have sent written notice to you (either by post, personally delivered or by e-mail) of our acceptance of the Application Proposal; and

1.2.2 We have received any initial charges due from you in respect of the Services and/or Equipment. Acceptance of the Services and/or Equipment by you constitutes your automatic acceptance of the terms and conditions of this Agreement.

1.3 We will ensure that the Services are of a high quality. In order to maintain the quality and safety of the Services, and any other services which we provide to our customers, we may from time to time:

1.3.1 Suspend, close down or restrict the whole or any part of the Services in order to carry out emergency or other repairs, maintenance and/or improvements or to prevent overload of the network or to preserve the safety, security or integrity of the Services and any Internet traffic conveyed (although we will give you as much notice as is reasonably practicable before doing so and will endeavour to carry out such works during the relevant scheduled maintenance periods as published by us); and/or

1.3.2 Give you instructions on how to use the Services. You agree to comply with any instructions we may give you in accordance with this Clause.
If the Services are suspended, closed down or restricted for more than seven days, then you may terminate the supply of the affected Services without liability immediately by notice to us.

1.4 We will notify you as soon as possible if either we or our agents, employees, representatives or anyone else involved in providing the Services and/or the Equipment, require access to your premises, to install the Services and/or the Equipment or to carry out repairs, maintenance or upgrades. You agree to grant us and/or such other persons referred to, access to your premises to install the Services and/or the Equipment at an agreed time. We will meet your reasonable requirements in respect of such access, including compliance with your security and occupational health and safety policies, and you agree to meet ours, concerning the safety of people on your premises.

1.5 We may make software available to you that enable you to use the Services. This software must not be copied or modified by you or anyone else unless allowed by Law. You undertake and agree that you will access the Services only via use of this software, or in an alternative way permitted by us, and you will not attempt to circumvent any security measures inherent in the Services. Where such software is owned by or licensed to us, we will, where possible, grant you a revocable, non-transferable, non-assignable, non-exclusive license to use it for the duration of the Agreement (or, if shorter the duration of any licence of the software to us). Where the use of such software by you requires you to enter a separate licence, then subject to your acceptance of the licence terms and conditions, which we will provide to you, you agree to do so.

2. SERVICE PERIOD

2.1 We will activate the Services, as soon as possible following completion of the matters referred to in Clause 1.3 above.

2.2 Subject to Clause 2.3 or where otherwise specified in the Specific Terms and Conditions or otherwise agreed between the parties (for example, as set out in the agreed Application Proposal), and except where terminated or suspended in accordance with this Agreement, the Services will be provided for a Minimum Service Period of 36 months from the date of activation.

2.3 Unless otherwise terminated or suspended in accordance with this Agreement or otherwise specified in the Specific Terms and Conditions or otherwise agreed between the parties (for example, as set out in the agreed Application Proposal), the following Services shall be provided for a Minimum Service Period of 36 months from the date of activation:

2.3.1 SSL certificates

2.3.2 Domain name registration/transfer and hosting

2.3.3 Firewalls

2.3.4 Internet access technologies

2.3.5 Web site Optimisation and Search Engine Promotion products

2.3.6 Managed Hosting Services

2.4 On expiry of the periods referred to at Clauses 2.2 or 2.3 above (as appropriate) the Services will, unless terminated with 90-days’ notice before the end of the initial term, automatically renew on a month to month basis until terminated pursuant to this Agreement.

3. CHANGES

3.1 We will provide the Services for the relevant Service Period. However, we may have to modify, suspend, vary or discontinue the whole or any part of the Services (including, without limitation, any codes or access details or technical specifications associated with the Services) and will endeavour to give you as much notice as is reasonably practicable, being not less than 90 days’ notice (Notice Period), if we need to do so. You may terminate the affected Services without liability on no less than 30 days’ notice given at any time during such Notice Period.

3.2 We may have to change the terms and conditions of the Agreement. Where this is necessary we will publish details of all changes on the Company’s Web site before they take effect.

3.3 We will notify you about any change referred to in Clause 3.2 at least one month before it happens, unless we need to make changes, as soon as possible, for regulatory or legal reasons. In those circumstances, we will give you as much notice as is reasonably practicable of such changes.

3.4 If any change referred to in clause 3.2 has a material adverse effect on you, then you may terminate this Agreement without liability on no less than 90 days’ notice to us.

4. CONDITIONS OF USE

4.1 You agree that you will promptly provide us with all information that we may reasonably require in order to provide the Services and perform all of our other obligations under this Agreement.

4.2 You agree that you will be responsible for all use of the Services and (unless, we have agreed to supply it as part of the Equipment) for providing a computer, modem, and all additional equipment and/or services (including, without limitation, a telephone line, if required), and for obtaining any permits and/or licences which are necessary for connecting to, and accessing, the Services. You agree that you are responsible for complying with all terms and conditions (including, without limitation, terms of payment) relating to any telecommunications service which is required by you to access the Services.

4.3 You are responsible for ensuring that the Services and/or Equipment are used in accordance with the Agreement. If you breach the Agreement we may, in our sole discretion, either:

4.3.1 suspend or terminate this Agreement and/or any of the Services if you do not remedy the breach within 14 days of receipt of notice from us to do so;

4.3.2 make an additional charge as set out in the Price List or as otherwise agreed; or

4.3.3 block access to any part of the Services if you do not remedy the breach within 14 days of receipt of notice from us to do so. If we block access to any part of the Services pursuant to this clause, we must promptly restore access once you have remedied any such breach.

4.4 If, while using the Services, you discover that another person is using the Services, and failing to do so in accordance with the Agreement, you must inform us immediately.

4.5 You agree that you will, at all times and for whatever purpose, use the Services and/or the Equipment in compliance with all Laws.

4.6 In addition to Clause 4.5, you agree that you will not use, and will take all necessary precautions to ensure that nobody else uses, the Services and/or the Equipment:

4.6.1 fraudulently or in connection with any criminal offence;

4.6.2 to send, knowingly receive, upload, download, or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights;

4.6.3 to cause annoyance, inconvenience or anxiety;

4.6.4 to "spam" or to send or provide unsolicited advertising or promotional material or, knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party;

4.6.5 in any way which is or is likely to be detrimental to the provision of services to you or any of our customers, or to our business and/or reputation;

4.6.6 in contravention of any licences or third party rights, or in contravention of Acceptable Use Policies; or

4.6.7 in a way that does not comply with any instructions provided to you;

4.7 You may use the Services to link to other networks world-wide, provided that you comply, at all times, with any policies and/or terms and conditions imposed by the operators of such other networks.

4.8 Except where otherwise provided in any Specific Terms and Conditions:

4.8.1 your Account may only be used to gain access to the Internet by either:

4.8.1.1 a single person, from up to two Locations at different times; or

4.8.1.2 more than one person from a single computer

4.9 You agree that you will not perform or allow anyone else to perform any unauthorised IP or Port multicasting, spoofing, broadcasting, vectoring, filtering translation or routing using the Services.

4.10 You agree to:

4.10.1 keep any records of your User Name(s) and/or Password(s) in separate places and take all necessary steps to ensure their security;

4.10.2 keep your User Name(s) and/or Password(s) private and confidential and ensure, at all times, that it (or they) do not become known to anyone else.

4.11 You agree that you will notify us immediately if you become aware of any change in circumstances which may lead you to believe that your User Name(s) and/or Password(s) have become known to anyone else.

4.12 You agree that we may, from time to time, where necessary for security purposes, on giving you reasonable notice, change your User Name(s) and/or Password(s). You also agree that you will not change or attempt to change your User Name at any time.

4.13 Any managed hardware, and/or routers, which you purchase from us, will be tested by us and configured to meet your basic network and Internet specifications. We cannot support any alterations to the configuration of such Equipment and any such alterations will invalidate our support obligation (if any) relating to such Equipment.

4.14 You may conduct acceptance tests on the Equipment once installed, and you must notify us in accordance with clause 4.16 if you believe that there is any fault with the Equipment or its installation. You will be deemed to have accepted the Equipment if you give us notice that you have accepted the Equipment, or if you do not notify us of any fault with the Equipment within seven days of the Equipment being installed. If you do not accept the Equipment, then you may immediately by notice to us, without liability, terminate this Agreement so far as it relates to that Equipment and any Services to be provided in association with that Equipment. On termination pursuant to this clause, we will remove the Equipment from your premises within seven days at our cost.

4.15 Risk in the Equipment will pass to you on acceptance pursuant to clause 4.14. Title to any Equipment, which we have agreed to sell to you, will remain with us unless and until you have paid all sums due to us in respect of such Equipment.

4.16 Any fault with the Services and/or the Equipment, which you detect must be reported to us as soon as possible either:-

4.16.1 by telephone on 02 9330 3955;

4.16.2 by e-mail sent to us at: This email address is being protected from spambots. You need JavaScript enabled to view it.;

4.16.3 online at hd.na.net.au; or

4.16.4 to such other telephone number or email address or at such other Web site as we may notify to you from time to time for this purpose.

4.17 You agree that we may, at any time, scan any IP addresses allocated to you for anything which may affect the security of the Services (including open relays and/or open proxies or equivalent). If, as part of the Services, you are provided with Web space to enable you to upload your own Web sites:

4.17.1 You are responsible for (and will indemnify us against) any and all costs, claims, losses, expenses, damages, awards, proceedings, demands and other liabilities (howsoever arising) in connection with any material that either you or anyone else authorised by you puts on your Web site(s); and

4.17.2 Your contact details must be clearly visible on your Web site(s) and updated as soon as possible after any change.

5. NAMES

5.1 In the event that we provide you with domain name services, the following provisions will apply:

5.1.1 You confirm that you are the owner of, and/or that you have full rights to use, any trade (or other) name or mark, or any Name, requested by or allocated to you.

5.1.2 We cannot guarantee that any Name requested by you will be available or approved for use.

5.1.3 If we have reasonable grounds to believe that the use by you of any Name is or would be in breach of Clause 5.1 above, we may refuse to allocate or cease to provide you with the Name, and ask you to choose a replacement.

5.1.4 Internet domain names are registered and/or provided to you in accordance with all terms and conditions issued by the regulatory body responsible for the maintenance of such domain names including, but not limited to, Melbourne IT, copies of whose terms and conditions are available at:

5.1.4.1 http://www.melbourneit.com.au/policies/gtldtermcond.php3

5.2 You agree that all static IP addresses are allocated to you on a rental only basis and will remain our property at all times.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 If, in our reasonable opinion, the display of any material or information, provided by you, is or would be in breach of any third party rights (including intellectual property rights) in that material or information, we may refuse or terminate such display.

6.2 You agree that, all copying, redistribution or publication of any material or information subject to any rights (including intellectual property rights) of a third party will be carried out by you (or on your behalf) in accordance with all relevant Laws.

6.3 We indemnify you from and against any and all Loss which you suffer or incur as a result of the Equipment or the supply of the Services infringing any third party rights (including intellectual property rights).

6.4 We shall have full authority to defend, compromise or settle such claims relating to the Loss referred to in Clause 6.3 above, and you will, at our expense, provide us with all reasonable assistance necessary to defend such claims.

7. CHARGES

7.1 Except as otherwise provided in the Agreement, all Charges and other sums due from you in respect of the Services and/or Equipment shall be set out in the Price List and/or the Application Proposal and/or the invoice relating to such Equipment and/or Services.

7.2 You shall pay the Charges (without any set off or deduction of any kind) on either a monthly, quarterly or annual basis as stated in the Application Proposal and/or the Price List and/or the invoice referred to in Clause 7.1 above.

7.3 Subject to clause 7.4, all amounts payable by you in accordance with the Agreement shall be exclusive of GST, or any other applicable tax or duty, which shall be payable in addition to all such amounts due from you.

7.4 We must provide you with a valid tax invoice, setting out the GST exclusive and GST inclusive amounts in respect of any supply, before such amounts are payable.

7.5 You agree that you will notify us as soon as possible of any change in your credit/debit card or bank account details. Should you terminate the Services in accordance with this Agreement, it is your responsibility to terminate any standing order with your bank.

7.6 Any change in the amount payable by you for Services and/or Equipment must be agreed by both parties in writing.

8. LIABILITY

8.1 Whilst we will endeavour to ensure that the Services are of a high quality, neither we nor any of our agents, contractors, licensees, employees or information providers involved in providing the Services, give any guarantee that the Services will be uninterrupted or free from error.

8.2 You further agree that we will not be held liable for any costs, expenses, losses, damages or other liabilities (howsoever arising) which you may incur as a result of a suspension of the Services in accordance with Clause 4.13 above.

8.3 You acknowledge that the Internet is separate from the Services and that use of the Internet is at your own risk and subject to any applicable Laws. We have no responsibility for any goods, services, information, software, or other materials which you may obtain from a third party when using the Internet.

8.4 You agree and acknowledge that we may exercise editorial control over the content of our servers, but that we do not have the resources to ensure, nor are we capable of checking, the full content of our servers at all times. Neither we, nor any of our agents, contractors, licensees, employees and information providers, involved in providing the Services, are able to control the content of the Internet. You, therefore, agree that we shall not be held responsible for the publication, transmission or reception of any defamatory material or information of any kind, other than information which is inserted by us. You specifically acknowledge that we have given no warranties as to the quality, content or accuracy of information received through, or as a result of the use of, the Services.

8.5 You agree and acknowledge:

8.5.1 That the sums payable by you under the Agreement have been calculated on the basis that we shall exclude liability in accordance with the Agreement.

8.6 In no circumstances whatsoever will either party be liable to the other party (whether in contract, or for breach of duty, or negligence or otherwise) for any indirect, incidental or special loss or damage or any loss of business or of contracts, profit, opportunity, goodwill, reputation, or anticipated savings, or for any loss or corruption of data which arises out of or in connection with the Services and/or the Equipment.

8.7 In any event:

8.7.1 each party’s aggregate liability to the other party of any sort (including for breach of contract and negligence) arising out of or in connection with this Agreement shall not exceed in aggregate the amount of Charges paid or payable by you to us in accordance with this Agreement.

8.8 Nothing in this Agreement will limit our liability under the Competition and Consumer Act 2010 (Cth) or for death or personal injury caused by our negligence.

9. YOUR RESPONSIBILITIES

9.1 You agree that you will be responsible for and indemnify us and our agents, contractors, licensees, employees and information providers involved in providing the Services and/or Equipment (those Indemnified) from and against any and all Loss which we suffer as a result of any breach by you of the terms of this Agreement, and from and against any claim brought by a third party alleging that the use of the Services and/or the Equipment, by you or under your Account, has infringed any intellectual property or other right of any kind, or any applicable Law, except to the extent that those Indemnified caused or contributed to such Loss.

9.2 You shall have full authority to defend, compromise or settle such claims referred to in Clause 9.1 above, and we will, at your expense, provide you with all reasonable assistance necessary to defend such claims.

9.3 You agree that the configuration of your internal network remains your responsibility. Any interruption to the Services resulting from such configuration shall not be regarded as an interruption in or suspension of the provision by us of the Services.

10. SUSPENSION AND TERMINATION

10.1 You agree that we may suspend or terminate the Services and/or your Account and/or terminate the Agreement at any time, without prior notice or refund to you, and without affecting any of our accrued rights or claims, either:

10.1.1 where the Services are being used in breach of Clauses 4.5, 4.6 or 4.9;

10.1.2 for non-payment (when due) of the Charges or any other sum due from you under the Agreement, and you do not remedy that non-payment within 14 days of receiving notice from us to do so;

10.1.3 for any other material breach of the Agreement by you and, where that breach is remediable, you do not remedy that breach within 14 days of receiving notice from us to do so; or

10.1.4 where you are or you become Insolvent or suffer any distress or execution or other legal process to be levied or enforced or sued upon or against any material part of your property, assets or revenue and which is not discharged or stayed within 7 days, or you cease or threaten to cease to carry on business.

10.2 You agree that where this Agreement or your Account is terminated pursuant to clause 10.1 that the Services will automatically terminate.

10.3 You may terminate this Agreement under any of the following conditions:

10.3.1.1 for any material breach of the Agreement by us and, where that breach is remediable, we do not remedy that breach within 14 days of receiving notice from you to do so; or

10.3.1.2 where we are or we become Insolvent or suffer any distress or execution or other legal process to be levied or enforced or sued upon or against any material part of our property, assets or revenue and which is not discharged or stayed within 7 days, or we cease or threaten to cease to carry on business.

10.4 If you do not comply with Clause 4.6, to either our or any of our other customers' detriment we may, without prejudice to our other rights under Clauses 4.3 and 10.1, suspend your access to the Services until you have given a suitable undertaking as to use.

10.5 Any suspension of the Services by us in accordance with this Agreement will not constitute a termination of the Agreement and we may require you to pay a reconnection fee to recommence the Services together with the relevant Charges.

10.6 You may terminate all or any of the Services, by giving not less than 90 days’ notice prior to the end of the initial term or any subsequent renewal term. Should you wish to terminate a Service in accordance with this Clause, you must do so by email to This email address is being protected from spambots. You need JavaScript enabled to view it. or, where Internet access is unobtainable, give written notice to us in accordance with Clause 15.

10.7 We may terminate all or any of the Services by notice equal to the Minimum Cancellation Notice Period (to expire at any time on or after the Minimum Service Period) without our incurring any liability.

11. ASSIGNMENT

11.1 Subject to clause 11.2, neither party shall assign or otherwise transfer any of its rights, interests nor obligations under this Agreement to a third party without the prior written consent of the other party, which shall not be unreasonably withheld.

11.2 Either party may assign or novate this Agreement to a Related Body Corporate with the financial and technical means to fulfil the assigning party’s obligations under this Agreement without the other party’s consent, provided that the assigning party notifies the other party of such assignment within seven days of the assignment having taken place.

12. PERSONAL DATA

12.1 You agree that both Networx Australia and Networx Australia’s employees may hold all names and other information in the Application Proposal, in a computerised database. You agree that such data may be processed and may, in certain circumstances, be supplied to and processed by our suppliers, solely to enable the provision and maintenance of the Equipment and/or Services.

12.2 You acknowledge that we may, from time to time, be required under regulations and/or legislation to co-operate with and/or disclose data to, government or other bodies and/or authorities in accordance with a Law.

12.3 We must comply, and must ensure that any of our suppliers who receive Personal Information pursuant to clause 12.1 comply, with the Privacy Act 1988 (Cth) and your directions with respect to the handling of such Personal Information.

13. FORCE MAJEURE

13.1 Subject to clause 13.2, you agree that we shall not be liable for any and all losses, (including loss of data) damages, costs, claims and other liabilities which arise as a result of any delay or interruption in, or any non-delivery, or missed delivery or failure of the Equipment and/or Services due to circumstances beyond our or any of our suppliers' reasonable control (including, but not limited to, fire, lightning, explosion, war, disorder, flood, state-wide or nation-wide industrial dispute, sabotage, weather conditions or acts of local or central Government or other competent authorities) (Force Majeure Event).

13.2 We must use reasonable endeavours to mitigate the effects of any Force Majeure Event and resume normal functioning of the Equipment and/or normal provision of the Services as soon as is reasonably practicable.

13.3 If a Force Majeure Event continues for more than 30 days, you may terminate this Agreement or any affected Services (as the case may be) immediately by notice to us.

14. WAIVER

14.1 Neither failure nor delay by either you or us in exercising any of your or our rights under the Agreement shall amount to a waiver of any such right, or operate so as to bar the exercise or enforcement of such right at any time in the future.

14.2 To be effective, a waiver must be express and in writing by the party granting the waiver.

15. NOTICES

15.1 Each party agrees to keep the contact details which that party has provided to the other party up to date. Any notice or other information to be served on a party pursuant to this Agreement must be in writing and sent by either e-mail or pre-paid mail to the recipient’s email or postal address as set out in this Agreement. Any notice sent by pre-paid mail will be deemed served two Business Days after posting. Any notice sent by e-mail will be deemed served when it is received by the recipient’s mail server, unless it is sent outside the hours of 9am to 5pm on a Business Day, in which case it will be deemed to be received at 9am on the next Business Day.

16. GENERAL

16.1 This Agreement represents the entire agreement and understanding between you and us with regard to the supply of the Equipment and/or Services, to the exclusion of all prior agreements, arrangements and understandings. The Agreement contains express promises and obligations on our part. You agree that any other term which might be implied or incorporated into the Agreement, by statute, at common law or otherwise, is excluded, to the fullest extent permitted by law.

16.2 You acknowledge and agree that in entering into the Agreement you have not relied upon any oral or written representation, statement or understanding (whether negligently or innocently made) by any of our employees, agents, subcontractors or representatives other than as expressly set out in the Agreement.

16.3 Nothing in the Agreement shall exclude or limit our liability for fraudulent misrepresentation.

16.4 The Agreement shall be governed by and construed in accordance with Australian laws and you agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales. In the event that the Agreement is translated into any other language, the English language version shall prevail.

16.5 If any provision, clause or sub-clause of the Agreement is held by any competent authority to be void, void-able, illegal, invalid or otherwise unenforceable, but would be valid and/or enforceable if any part of such provision, clause or sub-clause were deleted or modified, then that provision, clause or subclause shall apply with such deletion or modification as may be necessary to make it valid and/or enforceable.

16.6 If any part of the Agreement or the application of it to any person shall, for any reason, be adjudged by a competent authority to be invalid, void, void-able, illegal or unenforceable such judgement shall not affect the remainder of the Agreement which shall continue in full force and effect.
16.7 References to the singular include the plural and vice versa. References to one gender include all other genders and vice versa.

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