In accessing and using The Engineering App Pty Ltd (TeA) website, the Client agrees that they have read and understood these Terms and Conditions. In addition, should the Client choose to use the website then the Client agrees to the Terms and Conditions. TeA may update these Terms and Conditions as its website and law evolves. The Client’s access to and use of the TeA website is governed by the law of New South Wales and the Commonwealth and the Client agrees to submit to the non-exclusive jurisdiction of the courts in that State and the Commonwealth.
It is impossible for the TeA to ensure that its website services are available and provided to the Client at all times or at any specific times or will be able to operate at all times error-free. After hours provision of services are influenced by availability of related computer systems. TeA makes no warranties in regard to the availability of services but all reasonable efforts will be made to provide the best possible service to the Client.
The Client is responsible for any internet connection fees that are incurred.
The information provided on the TeA website is provided on the basis that all persons acting on behalf of the Client or the Client accessing the site undertake responsibility for assessing the relevance, completeness and accuracy of its content. The technical output provided by TeA is dependant upon correct Client input and therefore no refunds are available. TeA cannot warrant and does not represent that the material which appears on the TeA website or any linked sites is complete, current, reliable and/or free from error. TeA also cannot accept any responsibility or liability for any loss, damage, cost or expense The Client might incur as a result of the use of or reliance upon the materials which appear at this or any linked sites.
By emailing the TeA website, or submitting information via a form on the TeA website, you consent, or will procure the consent of the person to whom the information relates, to the use of the submitted information for the purposes for which this website was established, or other related purposes. Any information submitted to the site, if used, will be used anonymously. TeA will only retain and use your e-mail address for the purpose for which you have provided it. It will not be added to a mailing list without your consent.
The Engineering App Pty Ltd (TeA or the “Company”) shall provide to the Client the professional services (the “Services”) for the Project being undertaken by the Client described as that reflected in the TeA electronic .pdf file documentation (the “Documentation”) and as prescribed by these Terms and Conditions (the “Terms”) in return for a Fee.
The Client shall pay to the Company the Fee and any Reimbursable Expenses as set out in the invoice(s), including the Goods and Services Tax. All moneys payable by the Client to the Company shall be paid in full prior to the issue of the Documentation. Notwithstanding that in the normal course of business, settlement is deemed to have occurred with issue of the Documentation, should a bank reverse or reject the Client payment for any reason, the issue of Documentation made in relation to that transaction may also be revoked. This could have implications for the validity of the Documentation issued and TeA reserves the right to cancel or revoke any issued Documentation until such time as the debt is settled.
This TeA website uses a well-established online payment mechanism with charges processed by Commonwealth Bank of Australia (CBA). Our website provides a secure environment by using Secure Sockets Layer (SSL). This establishes a session and encrypts all traffic between our web server and your browser. No credit card details are stored on our web server or any other equipment belonging to TeA but are transmitted securely via the bank gateway for processing.
In providing the Services, the Company shall exercise reasonable care normally exercised by professionals in similar circumstances. There shall be no liability whatsoever in respect of any failure to exercise a degree or level of care beyond such reasonable care.
The Client will indemnify and hold the Company harmless against all claims, costs and demands (including negligence) in relation to the services provided by any third party, including a third party engaged by, or at the suggestion of, the Company.
After the expiration of one (1) year from the date of invoice in respect of the final amount claimed by the Company pursuant to the Fee, the Company shall be discharged from all liability in respect of the Services whether under the law of contract, tort or otherwise.
In the event that the Company is liable to the Client for failure to exercise reasonable care, such liability shall be limited to the greater of: the amount of the fee actually paid by the Client to the Company for the service concerned, or; any other amount agreed in writing between the Client and the Company.
The Company’s liability to the Client for any loss or damage, including a claim for damages for a breach of the Agreement by the Company shall be reduced by the extent that an act or omission of the Client or it’s employees, agents or Company contributed to the loss or damage.
The Client acknowledges that:
Unless advised otherwise by the Client in writing, the Company can use information regarding the project that is the subject of these Terms in any promotional material it may prepare or use.
Any dispute between the Client and the Company may be the subject of mediation provided that this provision shall not prevent the Company from instituting legal action at any time to recover monies owing by the Client to the Company.
This Agreement may be terminated by either party in the event of substantial breach by the other party of its obligations hereunder, which breach has not been remedied within 7 days of written notice requiring the breach to be remedied. Termination shall be without prejudice to any claim which either party may have against the other in respect of any breach of the terms of the Agreement that occurred prior to the date of termination.
If the Company considers it appropriate to, it may with the Client’s prior approval, which shall not be unreasonably withheld, engage another Company to assist the Company in specialist areas. The Client accepts responsibility for all moneys payable to such other Company.
Neither party may assign, transfer or sublet any obligation under this Agreement without the written consent of the other. Unless stated in writing to the contrary, no assignment, transfer or subletting shall release the assignor from any obligation under this Agreement.
Title to goods supplied by The Engineering App Pty Ltd [TeA] (i.e. all or part thereof) in either hard copy or electronic format shall not transfer from TeA unless specific written approval and confirmation is provided by TeA. The information contained within TeA documentation must not be retained, used or copied without the express authority of TeA. Concepts, developed processes, layouts, details etc. (and relevant associated Trade Marks, Copyrights or Patents) are protected and/or are the property of TeA.