Terms & Conditions of Trade

1. Definitions

1.1 “Aspiring” means Ultimate Tech Pty Ltd trading as Aspiring IT, its successors and assigns or any person acting on behalf of and with the authority of Ultimate Tech Pty Ltd trading as Aspiring IT.

1.2 “Client” means the person/s or any person acting on behalf of and with the authority of the Client requesting Aspiring IT to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:

  • where there is more than one Client, refers to each Client jointly and severally
  • if the Client is a trustee, includes obligations in that capacity
  • includes executors, administrators, successors and permitted assigns

1.3 “Goods” means all goods supplied by Aspiring IT including where applicable any services.

1.4 “Services” means all services supplied by Aspiring IT including advice, recommendations and professional work outlined in the Service Level Agreement.

1.5 “Price” means the amount payable for Goods and/or Services plus GST.

1.6 “GST” means Goods and Services Tax under Australian law.

2. Acceptance

2.1 These terms are read alongside the Service Level Agreement. If inconsistent, this document prevails.

2.2 Any instruction or acceptance of goods/services constitutes acceptance of these terms.

2.3 The Client is immediately bound once an order is placed or goods/services are accepted.

2.4 Changes must be agreed in writing.

2.5 No verbal agreements are binding unless confirmed in writing.

2.6 Electronic signatures are valid under Australian law.

2.7 Third-party supply conditions apply where relevant.

2.8 Managed Services require compliance with minimum system requirements.

2.9 Equipment must be stored in appropriate temperatures (recommended 20 to 25°C).

3. Errors and Omissions

3.1 Aspiring IT is not liable for errors or omissions unless caused by negligence or misconduct.

3.2 Errors do not invalidate the contract.

4. Change in Control

The Client must give 14 days written notice of changes to ownership or business details.

5. Exclusions to Services

The following are not included:

  • Office relocation
  • Third-party hardware/software issues
  • Malicious actions
  • Migrations
  • Non-managed devices
  • Illegally licensed software
  • Internet/telecommunications setup
  • Improper equipment storage

6. Price and Payment

6.1 Price is based on invoice, quote, or agreement.

6.2 Variations may change pricing.

6.3 Deposits may be required.

6.4 Payment terms may include:

  • On delivery
  • Instalments
  • Invoice date
  • 14 days from invoice

6.5 Payment methods include bank transfer, credit card, or agreed methods.

6.6 No withholding or offset allowed.

6.7 GST is payable in addition unless stated otherwise.

7. Delivery

7.1 Delivery occurs when goods are collected or delivered.

7.2 Delivery cost may be included or additional.

7.3 Third-party delivery is considered valid delivery.

7.4 Goods may be delivered in instalments.

7.5 Delivery times are estimates only.

8. Risk

Risk passes on delivery.

The Client must insure goods.

Aspiring IT is not responsible for:

  • Unattended deliveries
  • Data loss
  • Unbacked-up systems

Software remains licensed, not owned.

9. Limitation of Liability

Aspiring IT:

  • Provides services with reasonable care
  • Is not responsible for third-party work
  • Is not liable for verbal advice unless confirmed in writing

10. Title

Ownership remains with Aspiring IT until fully paid.

Until then:

  • Client holds goods as bailee
  • Cannot sell or alter goods
  • Must allow recovery of goods if required

11. Personal Property Securities Act 2009 (PPSA)

  • This agreement creates a security interest
  • Client must assist with registrations
  • Client waives certain rights under PPSA

12. Security and Charge

The Client charges its assets as security for payment obligations.

13. Defects, Warranties and Returns

  • Goods must be inspected within 7 days
  • Returns require approval
  • Liability limited to Australian Consumer Law
  • No liability for misuse or improper storage

14. Confidentiality

Both parties must keep all information confidential.

15. Intellectual Property

  • All designs remain property of Aspiring IT
  • Cannot be used without permission
  • Client guarantees no IP infringement

16. Default

  • Interest: 2.5% per month on overdue invoices
  • Client covers recovery costs
  • All debts become payable if default occurs

17. Cancellation

  • Aspiring IT may suspend services if Client breaches terms
  • Orders may be cancelled before delivery
  • Client liable for losses on cancellation

18. Privacy Act 1988

  • Credit information may be collected and shared
  • Client may request access or corrections
  • Complaints handled within 30 days

19. Unpaid Seller’s Rights

Aspiring IT may retain or sell goods until payment is made.

20. Service of Notices

Notices may be given by:

  • Hand delivery
  • Post
  • Email
  • Fax

21. Trusts

Trustees remain personally liable and must not alter trust without consent.

22. General

  • NSW law applies
  • Liability limited to cost of goods/services
  • Aspiring IT may assign or subcontract
  • Force majeure applies