Terms and Conditions
GENERAL TERMS AND CONDITIONS
These Terms and any document(s) referred
to in them constitute the entire agreement about Safemode's supply of the
Products and services to Customer and supersedes all prior
understandings, arrangements and agreements.
Reference in these Terms to:
the singular includes the plural and vice versa; and
the word "including" means "including, but not limited to," and
the word "includes" means "includes, without limitation,".
means the person, business or company that is the purchaser of the
means the customer
means Safemode Network & Internet Security
means the products (including software) supplied to Customer by Safemode
and described in Safemode's invoice;
means any sales contract entered into by Customer and Safemode in respect
of the Products and services supplied to Customer in which these Terms
are deemed to be incorporated; and
Safemode Network & Internet Security
“The website” means Safemode website at
LIMITATION OF LIABILITY
The Trade Practices
Act and similar State and Territory Legislation in Australia may confer
rights and remedies on the Customer in relation to the provision by
Safemode of this Website (including the various functions contained on
this Website) which cannot be excluded, restricted or modified
("Non-excludable Rights"). Safemode does not exclude any Non-excludable
Rights but does exclude all other conditions and warranties implied by
custom, law or statute.
Except as provided
for by the Non-excludable Rights: a) this Website (including all Content
and functions) is provided "as is" and without warranties of any kind,
either express or implied, b) Safemode and its suppliers expressly
disclaim all warranties of any kind including but not limited to implied
warranties of merchantability and fitness for a particular purpose, c)
Safemode does not warrant that any functions on this Website (including
inter alia the Customer's access to this Website) will be uninterrupted
or error-free, that any defects will be corrected or that this Website
or the server which stores and transmits Content to the Customer or any
other person accessing this Website are free of viruses or any other
harmful components, d) Safemode does not warrant or make any
representations regarding any the Customer's access to, or the results
of the Customer's access to, this Website (including any related or
linked websites) or any Content in terms of correctness, accuracy,
timeliness, completeness, reliability or otherwise.
circumstances (including but not limited to any act or omission on the
part of Safemode) will Safemode or its affiliates be liable for any
indirect, incidental, special or consequential damages or loss of
profits whatsoever which result from any use or access of, or any
inability to use or access, this Website or any Content.
To the fullest
extent permitted by law, Safemode's liability for breach of any implied
warranty or condition which cannot be excluded is limited at the option
of Safemode to the following:
in the case of
services supplied or offered by Safemode, (a) the supply of the services
again, or (b) the payment of the cost of having services supplied
in the case of
goods supplied or offered by Safemode, (c) the replacement of the goods
or the supply of equivalent goods, (d) the repair of such goods, (e)
the payment of the cost of replacing the goods or acquiring equivalent
goods, or (f) the payment of the cost of having the goods repaired.
Although we have
used our best efforts to ensure that the pages on this site are accurate
and complete, the information contained therein should not be relied
If reliance is
placed upon the information on this site we do not accept liability for
any loss which may arise from such reliance. In addition, information on
this site may be changed at any time without notice.
Customers will have
3 business days to pick up their Collects Order after the order is
A reference to a
'Collects Order' means any order for Products placed by the Customer
with Safemode and in respect of which the Customer will collect the
Products from Safemode collection center.
Most items on back order will be restocked within two weeks. Payments
for these orders are deferred until shipments have been confirmed with
tracking numbers. Customers experiencing extended order delays due to
backorder please contact our sale representative.
As soon as the order is completed the system will put a temporary
authorization on the customer credit card to validate that the funds are
available and the information is correct. The credit card balance is
reduced to reflect the payment going to be captured but the customer is
NOT actually billed yet. When the information is verified and a final
stock check is completed, the credit card transaction will then be
submitted for processing and the order will be shipped shortly after.
Cancellations and amendments
Customers can amend or cancel backorder. Customers can also amend
the orders before the stocks are picked for shipping. Cancellation is
not allowed after orders are either scheduled for shipment or are in
transit. To cancel an order please send an email to email@example.com or call
Safemode sale representative.
prices are in Australian Dollars inclusive of GST and are subject to
change without notice. The customer will receive a Tax-compliant invoice
with the delivery or by mail. Should the customer wish to claim
input-tax credits, and the order is over $1,000, customer will need to
provide the ABN.
Pricing is adjusted
daily so that the most competitive prices are offered. On the occasions
where there are price discrepancies between Safemode website prices and
Safemode advertising portals prices, or between Safemode website prices and
actual prices, the sale representative will contact the customer to
inform of the difference before proceeding with the order.
If the customer
buys on bulk quantity at the value higher than the higher of 50 items
and over A$10,000, the customer can negotiate the discount on bulk
quantity with our sale representative.
GST of 10% is applied to each sale if the Customer purchase within
Australia. For purchases outside Australia, export tax may apply.
Payment must be made in full before the order is shipped. Safemode accepts
the following credit cards in respect of payments for orders up to the
value of $20,000 (excluding GST):
International Credit Cards will not be accepted.
Safemode will also
accept payment for orders made by the following payment methods:
Direct deposit into Safemode's bank account
Company or Personal Cheque or bank cheque (provided that such
cheques have been received by Safemode and cleared by the relevant bank);
Electronic Funds Transfer (EFT); and
Customer must produce an acceptable form of photo ID at the time the
Customer pays for the Collects Order if the chosen method of payment is
Ownership of Goods
Ownership of goods
transfers at the time of acceptance of goods by either you or your
Agent. Agents include common carriers acting on your behalf, whether
arranged by you or Safemode.
Retention of Title
Until the customer
has paid all sums outstanding in relation to the goods contained in
each delivery ("the goods")
property in the
goods does not pass from Safemode to the customer
if the goods are
in the possession of the customer, the customer holds the goods as
Trustee for Safemode and must store the goods so that they are clearly
indefinable as property of Safemode
Safemode may call
for and recover possession of the goods (for which purposes Safemode's
employees or agents may enter the customer's premises and take
possession of the goods without liability to the customer) and the
customer must deliver the goods to Safemode if so directed by Safemode
the customer may,
in the ordinary course of business, sell the goods to a third party
the proceeds of
sale to the third party are held on trust for Safemode and the
customer must account to Safemode for those sums
requires, the customer must assign to Safemode any claim that the
customer may have against the third party and must execute all
documents necessary to effect that assignment.
The parties, the
Website, access and legal documentation
("Website") is owned and operated by Safemode.
Access to the
secure areas of this Website is restricted to persons who are authorised
customers. Access by any other person to the secure areas of this
Website is strictly prohibited.
Access to this
Website by each Customer is expressly conditional upon its acceptance
of, and compliance with, the terms, conditions, notices and disclaimers
The Customer's use
of, and/or access to, this Website also confirms its agreement to the
terms and conditions.
Safemode reserves the
right to amend the Terms at any time.
This Website contains information on goods and services which the
Customer may purchase including inter alia product descriptions and
specifications. With the exception of information relating to Safemode
pricing and stock availability, all product information has been
provided by the relevant original equipment manufacturer and/or vendor
and not Safemode, and Safemode has included it on this Website as a
convenience only. The Customer should confirm all product descriptions
and specifications with the relevant original equipment manufacturer or
vendor before purchase.
Pictures on the
website are indicative and serve as information purpose only. There are
occasional errors which Safemode web team endeavor to minimise. In the
event of any type of error in a product description or price seen on the
website or any site Safemode advertises on, Safemode reserves the right to
cancel the order and notify the customer of such events. If customer
credit card has already been charged for the purchase, a credit will be
issued for the full amount.
This Website is provided for the purposes of allowing the Customer to do
the following with an industry standard web browser (referred to
collectively as the "Authorised Purposes"): a) access as presented on
this Website information about Safemode, the terms of the relationship
between the Customer and Safemode, and the goods and/or services presented
on this Website, and b) communicate to Safemode the Customer's desire to
purchase goods and/or services presented on this Website. The Customer
must use this Website solely for the Authorised Purposes.
The Customer must
not disclose the login name and password or the Transaction details to
any third party. The Customer must inform Safemode immediately if the
login name or password is disclosed in any manner contrary to the Terms
of Use. The Customer will be responsible for all activity (including
purchases) by any person who accesses this Website using the Customer's
the login name and password or transaction details.
and Safemode, all orders made on this Website are subject to acceptance by
Safemode, and no order will be deemed to be accepted by Safemode until such
acceptance has been confirmed to the Customer.
If the Customer
wishes to retain a hard copy of any order it places on this Website, the
Customer may print the relevant order confirmation as provided for on
this Website using any industry standard web browser. The presentation
of an order confirmation on this website indicates only that the
relevant order has been received by Safemode.
The decision by
Safemode whether or not to accept or fulfill any order will be based inter
alias upon the Customer's account and credit status at the relevant time.
Orders accepted by Safemode will be confirmed by e-mail to the Customer.
Safemode reserves the right to delay or cancel any order at any time
(including at the time of fulfillment).
If the Customer
wishes to cancel any order, it must do so be telephoning Safemode customer
sales representative. No order will be cancelled after it has been
picked for shipping regardless of when and where this occurs.
Returns Procedure will apply to all items which the Customer wishes to
expressly authorises Safemode to communicate with the customer via e-mail
regarding any order the Customer places on this Website, the Customer's
account and/or credit status and other confidential information
including the PIN which the Customer must enter to access this Website.
Safemode will send such e-mails to the e-mail address specified by the
Customer at the time of account opening or as otherwise advised by the
Customer to Safemode either expressly in writing signed by an authorised
representative of the Customer or on Registration Document which the
Customer submits to Safemode as part of its application to gain access to
property, confidentiality, software licences and restrictions on use of
text, material, graphics, software and advertisements on this Website
("Content") are Copyright © 2004 Safemode, its suppliers and/or licensors
unless expressly indicated otherwise by Safemode. The Content is protected
by Australian and international copyright and trademark laws. Content on
the website is published in real-time, and no one may modify, copy,
reproduce, republish, frame, upload to a third party, post, transmit or
distribute this Content in any way except as expressly provided for on
this Website or expressly authorised in writing by Safemode.
Strictly on the
condition that the person accessing this Website keeps all Content
intact and in the same form as presented on this Website (including
without limitation all copyright, trademark and other proprietary
notices and all advertisements), such person may: a) as a Customer,
using an industry standard web browser, download and view the Content
for the Authorised Purposes only, or b) if the relevant person accessing
this Website is an IAP, supply the Content to the IAP's subscriber. No
one is authorised to use this Website in any manner or for any purpose
which is unlawful or in any manner which violates any right of Safemode or
acknowledges and agrees that all Customer account and pricing
information, the Unique Account Identifier, the Access PIN and the
Transaction PIN constitute the confidential information of Safemode, and
the Customer must not disclose this information to any third party
without the prior express written authorisation of Safemode. The Customer
must inform Safemode immediately if it discloses any confidential
information in any manner contrary to the terms of this Agreement.
provisions of the Copyright Act 1968 (Australia), you must not in any
form or by any means:
reproduce, broadcast, store, transmit, distribute, print, publish or
create derivative works from any information or material on this Web
disassemble, reverse engineer or modify any material or information
that you receive from this Web site which can be accessed through this
Web site; or
use or apply, for
commercial purposes any material or information on this Website,
without the prior written consent of Safemode.
Any software which
you down load from this Web site is governed exclusively by the licence
terms accompanying the file or the terms of the licence agreement which
accompanied the original product licensed by you which you are updating,
and by down loading such software you agree to abide the terms of the
licence. You must not reproduce or redistribute any software otherwise
than in accordance with the relevant software licence.
brands and names appearing on this Web site are the property of their
on this Web site is intended to grant any express or implied right to
you to use or exploit any patent, copyright, trademark or trade secret
Third-Party Statements on this Web site
Safemode makes no representations or warranties about any other website
which you may access through this Web site ("Other Website"). When you
access an Other Website, that Other Website is independent from this Web
site, and Safemode has no control over the content on that Other Website.
Any link to an Other Website is provided as a convenience to users of
this Web site. Other Websites are not under the control of Safemode, and
Safemode is not responsible for the accuracy of any information on any
Other Website. Safemode does not monitor or review the content of any
Other Website. You must take your own precautions to ensure that any
Other Website that you access by link from this Web site is free from
viruses, worms, trojan horses and other material of a destructive
Safemode will not
monitor or review statements made by persons other than Safemode ("Third
Parties") on this Web site. Third Parties may post statements or
information on some portion of this Web site, from time to time ("Third
Party Posted Material"). Safemode makes no representations to you in
relation to about the accuracy, quality, legality, ownership or other
aspect of any Third Party Posted Material. Safemode expressly disclaims
any liability to you for all Third Party Posted Material. Without
limitation, Safemode is not liable to you or any other person for any
direct, indirect, special or other consequential damages arising out of
any use of this Web site, the use of any other hyper linked website, the
use of any Other Website or any Third Party Posted Material, and
including but without limitation, any loss of profits, business
interruption, loss of programs or other data on your information
handling system or otherwise, even if Safemode has been expressly advised
of the possibility of such loss or damages.
You must indemnify
in respect of all loss and expense suffered by you as a result of any
use or exploitation by you of any Third Party Posted Material or any
Other Website, or both.
This site may
contain third party advertisements and links to third party sites.
Safemode does not make any representation as to the accuracy or
suitability of any of the information contained in those advertisements
or sites and does not accept any responsibility or liability for the
conduct or content of those advertisements and sites and the offerings
made by the third parties. Third party advertisements and links to other
sites where goods or services are advertised are not endorsements or
recommendations by Safemode of the third party sites, goods or services.
Limitations on Use
Safemode may revise or alter these terms and conditions at any time.
Revisions and alterations will be posted on this Web site. Users are
responsible for reviewing this Web site from time to time to ensure
compliance. If Safemode makes a request to you to stop using this Web site
or to promptly return or destroy copies of information provided on this
Web site, you must immediately comply with that request, and confirm in
writing to Safemode within five (5) business days after that request, that
you have done so.
may terminate this agreement and the Customer's access to the website at
any time without notice. In the event of termination, the Customer is no
longer authorised to access this Website, but all restrictions imposed
on the Customer and all Safemode disclaimers and limitations of liability
Safemode in respect of the Customer's access to, and use of, this Website
and supersede all prior and contemporaneous agreements, arrangements and
understandings between the parties with respect to its subject matter.
This agreement will be governed by and construed in accordance with the
laws of New South Wales, Australia. The Customer irrevocably and
unconditionally submit to the non-exclusive jurisdiction of the courts
of New South Wales.
If any provision of
this agreement is found to be invalid or unenforceable by a court of
law, such invalidity or unenforceability will not affect the remainder
of the agreement which will continue in full force and effect.
All rights not
expressly granted herein are reserved.
SAFEMODE COMPUTER SUPPORT
& MAINTENANCE AGREEMENT
Safemode has the obligation
Sound, media and video
System Tool functions
Functions relating to the
configuration of system components, the format and structure of hard
under the maintenance agreement do not include the following:
Any functionality, utility
or entertainment functions under any other operating system or Microsoft
Windows other than English language version.
Any applications, programs
or functions installed after the initial installation of Microsoft
Windows English language. These include but not limited to:
applications such as Word, Excel or Outlook.
Font handling applications
Printer hardware related
Antivirus, anti spyware
Chat, Email or messaging
specified, functions relating to configuration the system as web, print,
email or file server.
In general, the
maintenance agreement does not include configuration, maintenance,
repair and troubleshooting of the system hardware. The configuration,
maintenance, repair and troubleshooting of the system hardware is set
out in a separate warranty agreement with Safemode in the case Safemode
supplies the hardware to the customer.
maintenance, repair and troubleshooting only included if the system is
supplied by Safemode and the product is within Safemode warranty period.
Products outside Safemode warranty period but within manufacturer warranty
period the customers have to contact the manufacturer at the customer
Act of good faith
For products outside
Safemode warranty period but within manufacturer warranty period.
With express verbal
agreement between the customers and Safemode, Safemode can occasionally act
on the customer behalf in contacting the manufacturer and arrange the
warranty repair or replacement. In doing this the customer understands
that Safemode action is in good faith and Safemode is not under contractual
obligation to do so.
In the course of acting on
the customer behalf, Safemode is entitled to recover the cost of travel,
transport or freight, stationery, communication and other related
expenses from the customer.
Free emergency visits
Due to system hardware
failures, dead on arrival or manufacturer defects.
Not included: software
failure, failures due to customer’s fault.
If finding upon the
inspection at the visit, the problem is solely caused by the customer
mishandling, mis-configuration, mis-installation or wrong doing, the
customer will be charged at the standard onsite job rate.
Payment under the contract
need to made quarterly in advance under the standard credit term.
Standard credit term
For non-account customer,
payment is made CBD.
For account customer,
payment is made in 7 day credit term.
Termination of the
The maintenance agreement
is to be automatically renewed at the expiry date unless the customer
terminates the agreement on or before the expiry date. The renewed
agreement serves as a new contract between Safemode and the customer. The
agreement can be terminated at any time during the contract by Safemode or
the customer. If the customer cancels the agreement, the following
of the contract
The customer cancellation
notice must be in writing, signed, faxed or posted to Safemode.
The cancellation notice
must be served two weeks in advance. Any contractual obligations by the
customer or Safemode under the agreement remain valid and enforceable
within this two week period.
No refund policy
In case the customer
cancels the agreement, the fees prepaid which are still outstanding for
the service to be performed by Safemode are forfeited and not refunded to
In the case of customer
cancellation of the agreement within 6 months from the beginning date of
the agreement, the customer has to pay a termination fees equal to the
lower of 2 months fee and the remaining length of the contract amount.
In the case of customer
cancellation of the agreement over 6 months from the beginning date of
the agreement, the customer has to pay a termination fees equal to the
lower of 1 months fee and the remaining length of the contract amount.
In the case of customer
cancellation of the agreement over 12 months from the beginning date of
the agreement, the customer does not have to pay a termination fee.