1. Agreement
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1.1 As a customer of Blue IQ these terms and conditions form the basis of our agreement with you.
1.2 Our agreement with you also includes your application or order form which you complete and provide to us. We may accept and rely on facsimile copy of the application or order form as if it was an original. You will be bound by a facsimile copy of the application or order form as if it was an original.
1.3 Our agreement with you also includes our currently applicable price list. The price list may change from time to time, but we will notify you of any changes when they happen. Copies of the price list are available from us, upon request.
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2. Service Description
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2.1 Services will be supplied to you through the carriers or networks (“Carriers”) that we nominate in writing from time to time. You agree that we –
(a) may change Carriers without reference to you and at any time; and
(b) have your express authorisation to notify any relevant Carrier in respect of and to effect any such change.
2.2 We do not warrant that we will be able to supply Services and we are not liable for any failure to provide all or part of any of the Services, but, to the extent and to the standard that Carriers provide Services to us, those Services will be provided by us to you. When your connection is disrupted, we will do our best to reinstate our Services to you as soon as we can.
2.3 When using the Services, you agree to –
(a) comply with all statutes, regulations, by-laws or licence conditions of any government body; and
(b) not breach any person’s rights or otherwise cause us or a Carrier loss, liability or expense.
2.4 Our obligations to provide the Services ceases when we transfer your account to another supplier and the other supplier takes over full billing of those services.
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3. Charges and Payment
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3.1 You agree during the term of this agreement:
(a) to be charged for the Services we provide to you, regardless of whether it is you who uses them, at our current prices from time to time;
(b) to pay accounts for all of those charges (including taxes) by the date specified in the account (“Due Date”).
3.2 If you dispute in good faith an amount in the account, you must notify us in writing within fourteen days setting out reasons for the dispute and the amount in dispute. Notwithstanding any dispute as to any amount of any charge, you must pay the whole amount of each account by the Due Date.
3.3 If you do not pay the account by the Due Date, then we may suspend all or part of your Services pending payment of outstanding amounts on the account. Nothing in this clause affects our rights to terminate this agreement under clause 8.
3.4 If you do not pay the account by the Due Date, we also reserve the right (at our discretion) to adjust the prices you pay for the Services.
3.5 If you direct us to transfer any of the Services to another supplier, you will pay to us on receipt of an account under our normal payment terms -
(a) all of our accounts up until the time we stop providing the Services; and
(b) all other proper charges that we become aware of after the date of transfer that relate to the Services we provided to you.
3.6 Invoices for non-recurring services will be issued on completion of work, or where work continues over one or more months invoices will be issued monthly for progress payments.
3.7 Credit terms will only be extended to approved customers. Credit terms are full payment within thirty days from date of invoice.
3.8 Blue iQ reserves the right to apply an overdue fee to overdue accounts.
3.9 Blue iQ reserves the right to take action to recover any outstanding amounts in respect of goods and services supplied, and further to recover any costs, including but not limited to legal fees, debt collection fees and administrative fees, incurred in the recovery of any outstanding amounts.
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4. Tangible Goods
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4.1 All goods provided by Blue iQ shall remain the sole & exclusive property of Blue iQ until all amounts outstanding for the goods have been paid in full, whereupon title for the goods shall pass to the purchaser.
4.2 Orders for goods shall not be varied or cancelled without the prior written consent of Blue iQ.
4.3 Orders for telephone systems require a 30% deposit with purchase order.
4.4 Goods shall not be returned to Blue iQ without a Returned Merchandise Authorisation from Blue iQ. Returned goods may be subject to a re-stocking fee.
4.5 All goods supplied by Blue iQ shall be subject to the manufacturer's period of warranty.
4.6 Blue iQ will not be liable for warranty claims where the full amount for the goods has not been paid.
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5. Credit Check
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5.1 Prior to our accepting your application, you have provided to us all information relevant to our assessment of your credit rating. You have consented to the following:
(a) our obtaining from a credit reporting agency a credit report containing personal information about you;
(b) our giving to and seeking from any credit provider named in a credit report or in your application, information in relation to your credit rating including without limitation any information about your credit worthiness, credit history or credit capacity that credit providers are allowed to give or receive from other credit providers under the Privacy Act 1988;
(c) our making independent enquiries of third parties concerning your financial standing and for this purpose you have authorised and permitted such third parties to supply such information regardless of any confidentiality or privilege which applies to the information sought; and
(d) our providing any information we obtain about you to the relevant Carrier.
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6. Transfer of Services
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6.1 When you transfer any services (“Transferred Services”) from a Carrier, a telecommunications service provider or equipment supplier who supplies telecommunications services or equipment to you at the time of signing this agreement (“Current Supplier”) to us, you authorise us to sign on your behalf and in your name any forms required by the Current Supplier to transfer the Transferred Services as we direct.
6.2 You agree to immediately pay to the Current Supplier any amounts owing for the Transferred Services up to the date of the transfer.
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7. Liability
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7.1 We do not exclude or limit –
(a) the application of any provision of any statute (including the Trade Practices Act 1974, the Privacy Act 1988 or the Telecommunications Act 1997) where to do so would contravene that statute or cause any part of this clause 7 to be void; or
(b) direct losses and damages which arise only as a result of our gross negligence (which means where we commit an act or allow an omission to occur in reckless disregard of the consequences of the act or omission).
7.2 Except where clause 7.1 applies, we exclude all statutory liability, tortious liability (including but not limited to liability in negligence), conditions and warranties implied by custom, the general law or statute, liability for all direct, economic, consequential or indirect losses, expenses, damages and costs incurred by you, arising out of or relating to the Services, any failure to supply or delay in supplying the Services or out of or relating to this agreement.
7.3 Including, but not limited to, liability for gross negligence and except to the extent of clause 7.1(a), we are not responsible or liable for any indirect consequential or economic damages, including, without limitation, loss of income or profit or loss of actual potential business opportunities.
7.4 Our liability to you for any breach of any implied provision of this agreement (other than an implied warranty of title) is limited, at our option, to refunding the price of the goods or Services in respect of which the breach occurred, or to providing, replacing or repairing those goods or providing those Services again.
7.5 We are not liable to you for any delay in the connection or failure in the operation of the Services.
7.6 You acknowledge that any liability of any Carrier to you in relation to the Services is governed by the terms and conditions on which that Carrier from time to time supplies that service to its own retail customers.
7.7 Where Blue iQ staff are required to sign waivers releasing any rights in order to gain admission to any site or premises, you agree that this waiver will be null and void, and you further agree that you indemnify Blue iQ staff against loss, injury or death caused by your negligence however caused whilst on the site or premises.
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8. Term of Agreement
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8.1 This agreement will commence on the date of the end user’s signature. The service(s) will commence on the date of activation on the network.
8.2 You may cancel this agreement at any time on one month’s written notice to us.
8.3 We may immediately terminate this agreement by written notice at any time if, without our prior written consent: you breach any term or condition of this agreement; a receiver or receiver and manager is appointed over any of your property or assets; a liquidator or provisional liquidator is appointed to you; you become bankrupt; you enter into any arrangements with your creditors; you assign or otherwise deal with your rights under this agreement; you cease to carry on business; or there is a material change in your direct or indirect ownership or control.
8.4 We may also immediately terminate this agreement at any time by written notice if the Carriers cease to provide necessary services to us.
8.5 If we terminate this agreement in accordance with this clause and a Carrier arranges to supply you services other than through us, you acknowledge that –
(a) the Carrier may not be able to make those arrangements immediately; and
(b) once the Carrier has made arrangements, the services acquired by you from the Carrier will be acquired on the Carrier’s then current tariffs and terms and conditions and the Carrier will bill you accordingly.
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9. Information
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9.1 Without limiting clause 5.1, you agree to provide us with any information we request in connection with our providing the Services to you under this agreement.
9.2 You authorise and consent to the following:
(a) our conducting a physical audit of the Services and any equipment supplied in respect of the Services should we consider it necessary;
(b) our exchanging with Carriers all information about you and the Services provided to you in our possession or control including, but not limited to, your name, billing address, street address, relevant telephone numbers, any information obtained by us for the purpose of your application and this agreement;
(c) the Carrier exchanging with us any information in the Carrier’s possession or under its control in relation to the Services including, without limitation, all your records and, in particular, exchange line details, account information, call charge records and call event records; and
(d) ours and the Carrier’s use of the information referred to in paragraphs (b) and (c) of this clause.
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10. Confidentiality
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10.1 You will keep confidential all information supplied by us or the Carriers and we will keep confidential all information supplied by you, except as provided by clauses 5 and 9.
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11. Assignment
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11.1 Your rights under this agreement are personal. You must not assign or attempt to assign any right or obligation under this agreement without our written consent. We may assign all or any of our rights and obligations under this agreement at any time by notifying you in writing.
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12. Warranty of Authority
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12.1 Any persons signing this agreement on your behalf warrant that they have full power and authority to bind you in respect of this agreement.
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13. Other Equipment
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13.1 Where you have PABX or other network equipment, you must ensure that it is programmed as we specify.
13.2 Where you have equipment on premises you occupy which is used by another supplier to provide you with services, we will disconnect that equipment when you transfer the services to us and we connect our Equipment (if any). You must immediately notify that supplier that you have transferred your services to us and arrange for them to remove their equipment from the premises, if required.
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14. Estimates
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14.1 Due to the varying nature of the work we do, Blue iQ does will not provide a quotation for work to be carried out. Instead, Blue iQ will provide an estimatation of cost for work to be carried out, and will endeavour to ensure estimates are as accurate as possible. Estimates supplied by Blue iQ will be subject to these terms and conditions.
14.2 A estimate's validity is subject to you giving Blue iQ clear and accurate information regarding the scope of work to be estimated.
14.3 Estimates will be valid for no longer than thirty days from the date of the estimate, unless otherwise specified by Blue iQ.
14.4 Estimates will be deemed to have been accepted by you upon receipt of a properly completed Blue iQ Estimation form, by confirmation in writing, or by acceptance of the estimate in our online estimate system.
14.5 Blue iQ reserves the right to charge a cancellation fee should you cancel an accepted estimate. This cancellation fee will be calulated based on Blue iQ's prevailing rates, and will be at the sole discretion of Blue iQ.
14.6 Any completion dates for work provided under any estimate are estimated only.
14.7 Work not covered under the estimate will be referred to as a variation ("Variation"), and you agree that this work will be considered to be outside Blue iQ's responsibilty under the estimate. You also agree that you will pay, at Blue iQ's prevailing rates, any charges applied by by Blue iQ for this work.
14.8 Should you request a Variation to the work specified in the estimate, whether before or after the specified has been completed, this work will be subject to the provisions of Clause 14.7.
14.9 Blue iQ is a safety concious business. Estimates reflect Blue iQ's standard safety practices and procedures. Safety practices and procedures required of Blue iQ by you outside our usual safety practices and procedures, and not included in the scope of works upon which the estimate is based, will be deemed variations and charged for as specified in Clause 14.7.
14.10 Blue iQ reserves the right to treat certain issues and circumstances as variations to the estimate and therefore subject to the provisions of Clause 14.7. These issues and circumstances include but are not limited to;
(a) Unforseen issues and circumstances.
(b) Multiple site visits due to delays out of Blue iQ's control.
(b) Multiple site visits due to customer request.
(d) Concrete cutting and use of other power tools used to install cabling into concrete flooring.
(f) Delays caused by adherence to safety procedures requested by you, including but not limited to:
(i) Permit to work procedures.
(ii) Confined space permits and procedures.
(iii) Safety audits conducted by you on our jobs in progress.
(iv) Any inductions required by you of our staff before work may commence.
(g) Additional work requested by you at the time of installation.
(h) Delays and/or extra work incurred as a result of the path of an excavation proving to be impassable due to rock or other obstructions.
14.11 When excavation is required, you will inform Blue iQ of the identity and location of any services in the path of the excavation which may be damaged by excavation. You agree that Blue iQ will not be held responsible for, and that you will indemnify Blue iQ against, damage caused whilst excavating to services whose identity and location you did not make Blue iQ aware of prior to commencement of work.
14.12 Blue iQ reserves the right to request an amount of thirty percent of the final estimateestimate amount as a deposit prior to the commencement of work.
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15. Internet Service Acceptable Use
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15.1 You are responsible for your actions whilst using the Internet, and anywhere else you may access through our system. You explicitly acknowledge that Blue iQ is in no way responsible or accountable for anything you do while logged into our system.
15.2 You understand that Blue iQ does not make any warranty concerning the accuracy of any information found on or exchanged through our system.
15.3 E-mail boxes provided are POP3 e-mail boxes, and you should not rely on these e-mail boxes for permanent email storage. Blue iQ reserves the right to limit pop3 email storage to 10 Mb in size.
15.4 You agree not to send unsolicited commercial email to users of Blue iQ's services or any other system anywhere on the Internet, and you agree not to use Blue iQ's services for anything that is unlawful.
15.5 You agree that while connected to the Internet using Blue iQ's services, you will not run any unattended process or server, including but not limited to ftp servers, email servers, web servers, IRC servers, MUDs, etc. without our explicit consent.
15.6 You agree that while connected to the internet using Blue iQ's services, you will not use any Peer to Peer or other file sharing software to illegally download or redistribute any files or otherwise that may cause copyright infringement or be construed as theft of intellectual property, or for any other illegal purpose.
15.7 You agree not to try to gain entry to any areas of Blue iQ's system not specifically assigned to you. You agree not to try to gain entry to the system areas of Blue iQ's computer system, to the areas reserved for other users, or to any computer system accessible on the internet for which you do not have proper consent whilst connected to the internet using Blue iQ's services.
15.8 You further agree that Blue iQ will not be responsible to you for any indirect, special or punitive damages or losses you may incur in connection with Blue iQ's services or any of the data or other materials transmitted through or residing on our system, even if we have been advised of the possibility of such damage or loss. In addition, you agree to defend and indemnify us and do hereby hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including legal fees) relating to any acts by you or materials or information transmitted by you in connection with our system leading wholly or partially to claims against us or our system by other users or third parties.
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16. Amendments to Terms and Conditions
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16.1 Without limiting clause 3.1, we may vary, alter, replace or revoke any of these terms and conditions effective upon the expiry of 14 days written notice from us. We may interpret your ongoing use of the Services after that date as constituting your acceptance of the variation, alteration, replacement or revocation.
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17. Privacy
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18. Miscellaneous
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18.1 Any notice, demand, consent or other communication required to be given to either party must be delivered personally or sent by prepaid mail or by facsimile to the address of the other as last notified.
18.2 Clauses 2.4, 3.5, 3.9, 5, 7, 10, 12, 14.11, 15.8, 17 and 18 shall survive the expiration or termination of this agreement.
18.3 This agreement shall be governed by and construed in accordance with the law of Queensland and the parties hereby submit to the non-exclusive jurisdiction of the courts of that State.
18.4 This agreement contains yours and our entire understanding to the exclusion of any and all prior or collateral agreement or understanding relating to the Services, whether oral or written
18.5 If any part of this agreement is found to be invalid or of no force or effect, this agreement shall be construed as though each part had not been inserted and the remainder of this agreement shall retain its full force and effect.
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