Overview
Please read these Terms of Service carefully before ordering any goods or services from DBINE System. We reserve the right to update, change or replace any part of these Terms and Conditions anytime. It is your responsibility to check DBINE website periodically for changes. You can review the most current version of the Terms and Conditions at https://dbine.net/tnc
Definitions
In these Terms and Conditions "Customer" (or "You", "User") refers to customer(s) of the Merchant, when you are using the DBINE Software (or "Product", "Service", "Website", "Application", "Web Application"). "System" means a supply of software or hardware or services or their combination. In these Terms and Conditions ("Us", "We", "Our") refer to DBINE.
General Conditions
You may not use our products for any illegal or unauthorized purpose that could violate any laws. You agree not to reproduce duplicate, copy, or sell any parts of DBINE Products and Services, without written permission from DBINE. We reserve the right to limit the sales of our Products and Services to any persona and geographic region. All descriptions of products or product pricing are subject to change at anytime without notice. We reserve the right to discontinue any product at any time.
Acceptance of Agreement
Acceptance of the agreement is executed by purchasing of Products or Services. Contract is binding and cannot be cancelled without written acceptance by DBINE. The customer is aware of the full specification of the system. It is the customer's responsibility to ensure that the software and hardware (system) meets their specific needs.
Supply and Installation of Goods and Services
DBINE is not liable for the safe keeping of goods that have not been installed or paid for and was taken to a site for installation, the customer will be liable to insure such goods at his own expense. Additional hardware or software required to connect items or customer's own hardware or software will be the customer cost for labour time and parts.
If the contract contains items such as computers that have third party software installed and in particular Microsoft Windows operating systems, the customer is deemed to have good knowledge of these products. Training provided by DBINE does not include any third party software unless otherwise stated within this contract.
DBINE does not warranty any third party software and accepts no liability for any failure of these products even if DBINE supplied such products to the customer. DBINE accepts no liability for any conflict or failure to the supplied items, which has resulted from the installation of third party hardware or software, which has been performed by any other person or machine except and authorised representative of DBINE.
DBINE accepts no liability for the failure of any item supplied within this contract, which is caused by computer viruses, from the time of delivery and or installation. Installation will be completed within the time period of 9am to 5pm, Monday to Friday. The supply of any manuals, packaging or transport material is at the discretion of DBINE. A cancellation or delay of the agreed installation date or time of a system caused by the customer with less than 3 days notice may incur additional charges as determined as the discretion of DBINE to be added to the contract total and amount payable under agreement.
The quality of data to be converted impacts on the time spent on conversion work. This is the customer's responsibility and DBINE may charge additional fees for labour time above what is contained within this contract. Any software or hardware not supplied by DBINE, which needs to be connected to the system, must meet written specifications as supplied by DBINE and be configured accordingly. DBINE is not responsible for conflicts or failure or disruption to the computer network that was installed by DBINE due to third parties or their products, email, internet, or other communication connections, devices, cables, or their connections or any other software or hardware either not supplied or warranted by DBINE.
Payment of Goods and Services
Payment for the goods to be made in full within the time stipulated. If a breach is made to the terms as specified or the customer defaults in payment, commit an act of bankruptcy, wound up voluntarily or by order of the court or should there be a receive or official manager of the customer appointed, DBINE may at any time terminate the contract. All merchandise sold will remain with DBINE until fully paid. Interest may be accrued on any outstanding amount or balance payable to DBINE from the day after the due date. The rate of interest will be calculated on a daily basis until full payment is made to DBINE. DBINE reserves the right to charge an additional fee for accepting a credit card as payment. Should full payment become overdue then DBINE reserves the right to remove or disable any hardware or software supplied including any hardware or software attached to the supplied hardware or software. The customer accepts that DBINE is not liable for any loss or damage this may cause.
Software License
You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized was whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. Annual Software License & Support fees maybe advised at the time of this contract but are subject to change without any further notice being given. DBINE does not guarantee that the software provided will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusion. To the maximum extent permitted by law, the software is provided "as is" and "as available", with all faults and without warranty of any kind. You shall be responsible for backing up your system.
Errors, Inaccuracies and Omissions
On occasions there may be information in the Service or on our website containing typographical errors, inaccuracies or omissions relevant to product descriptions, pricing, promotions, offers, product shipping fees, transit times and availability. We reserve the right to correct any errors at any time without prior notice, even after you have submitted your order.
Warranty and Limitation of Liability
We do not guarantee that our service will be error-free. You agree that your use of, or inability to use, the Service is at your own risk. No employees and contractors will be liable for any injury, death, loss, claim, or damages of any kind, such as lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages. The supply of new goods will be covered by a twelve month warranty beginning from the date in which agreement is entered into, unless otherwise stated. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Termination
You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using DBINE service or product. If in our judgement you fail to comply with any term of these Terms and Conditions, we may terminate this agreement at any time without notice and we may deny you access to our Services.
Refund Policy
DBINE does not provide refunds for the goods which already supplied. All deposits paid are non refundable.
Governing Law
These Terms and Conditions are governed by the laws of New South Wales.
Contact Information
Any questions about the Terms and Conditions should be sent to info@dbine.net