Terms and Conditions

1. Sale of Goods

In addition to Ategra’s core business of providing high level IT services and outsourcing, Ategra will market, quote and sell where appropriate top quality goods to our clients. The mark-up Ategra adds to these goods is low and always strives to be very market competitive. The “Value Add” benefits that you will receive by purchasing goods from Ategra are…

Business familiarity, we have a good knowledge of your business requirements and what you really need. We will only sell you goods that will provide long term business benefits. We won’t be selling you something just to get a sale.

Easy and convenient, pass the ownership for provision to us, leaving you to do what you do best.

Single owner for delivery, we can investigate options, quote, order, and provide installation. Single point of contact for you to deal with. No additional project management or co-ordination required.

2. Quotes

Where requested, Ategra will investigate your product requirements and provide you a quote for goods. This often involves a significant investment in our time and often requires us to research options and in some cases “design” solutions. Unless otherwise stated we will do this without charging you for this time. Our aim is to recover any time spent in providing these quotes by the small margin we make from selling them. If competitive pricing is required, then it is our expectation that you will inform us at the quote request time.

Ategra reserves the right to charge a reasonable amount of design time for preparing quotes, where Ategra has not been awarded the goods supply and a “solution” has been designed by the quote we have provided.

You will treat any quote information provided by Ategra as confidential, unless agreed to by Ategra.

For a variety of reasons, both quoted pricing and product availability may vary to our quote at time of our order, in this case Ategra will seek approval from you of any change prior to proceeding.

If required Ategra will provide you details of the standard mark-up we apply to our goods (provided the value of those goods is above $500). For competitive reasons this is not disclosed here.

All quotes will be GST exclusive unless otherwise stated.

All quotes will be exclusive of delivery and installation unless specifically stated.

3. Terms of Sale

Ategra will provide goods and services with the following terms.

4. Risk and delivery

You are responsible for insurance and risk in the Products from the time they are delivered to you or your nominated agent. Where you have assumed responsibility for carriage then responsibility falls to you when the Products are collected by you or your nominated agent.

You agree to pay all delivery costs - Shipping is never refundable.

Where goods appear to be damaged or missing you must contact Ategra immediately.

Ategra will make every effort to ensure delivery of Products or performance of services is on time, but will not be liable to you for any loss or damage arising in any way from any delay in delivery or performance. Delay in delivery or performance shall not entitle you to cancel any order.

Where you ask us to deliver goods directly to another person, that person takes possession of the goods for you as your agent, but you are still directly responsible to us under these terms of trade.

5. Rates, Basis of Charging and Payments

Payment is to be made in full prior to supply, or (only if specifically agreed in writing by Ategra) within 7 days following the dispatch of an invoice.

You agree to pay for the Products and services in full without deduction or setoff and to pay goods and services tax and any other government duties, levies or taxes in respect of the Products.

Ategra's professional services are billed by our time spent, unless specifically quoted as a fixed fee in writing.

Our billable time includes any waiting time for any reason, including, waiting for passwords from the client or a 3rd party provider,and waiting time for building or security clearances or access.

Remote support is billable in 15 minute increments.

Where an onsite visit is required to provide services, a visit fee is payable for each and every visit required. Onsite services are billable in 30 minute increments, per technician per visit.

If payment is not made in full by the due date, Ategra is entitled to charge you interest on the unpaid overdue balance at the rate of 5% per annum above the current overdraft rate charged by Ategra's bankers, compounding monthly on the unpaid balance owing on the first day of each month until payment in full is received by Ategra, or a fee of $30 whichever is the greater and Ategra may at its option charge you costs (including collection costs and legal costs on a solicitor-client basis) and suspend delivery of further Products or performance of further services until the account is paid.

6. Property

With the exception of Software which is subject to licence, where it is not intended that title should ever pass to you, but shall remain in Ategra as principal or as agent for the software licensor (as the case may be), property and ownership in Products, whether in their original form or incorporated in or attached to another product will not pass to you but will remain with Ategra until Ategra receives payment in full of the purchase price of the Products and all other amounts that you owe to Ategra for any reason.

7. Returns

You acknowledge and agree that returns shall only be accepted by Ategra in accordance with Ategra's returns policy as notified to you from time to time, and that you may receive a credit for goods returned only with the written consent of Ategra.

8. Warranties

Ategra Pty Ltd does not manufacture any of the products Ategra supplies or lists on this Site. As such, Ategra's liability shall extend only to the replacement of goods under warranty. All other warranties and representations, whether express or implied (including warranties as to merchantability and fitness for purpose) are hereby excluded.

However, Ategra will pass on the manufacturer's or the supplier's warranty to the Customer, where available. Where the item(s) come with the manufacturer's warranty, Ategra recommends the Customer to take the time to review the terms of the warranty closely so that the Customer knows exactly the level of coverage that is offered. Ategra shall not be liable in any manner whatsoever either to repair or replace goods at all if the goods purchased by the Customer from the Supplier have been used incorrectly or misused. Ategra will not be liable for any charges, miss-deliveries or lost mail.

Where goods are subject to a return to base warranty, you are responsible for returning them to Ategra or the manufacturer (as provided by the warranty) and you may be responsible for additional costs including (but not limited to) freight.

Any warranty may be voided by damage to or misuse of the system, problems caused by the use or misuse of software, negligent installation or operation, inadequate packaging, cleaning or maintenance, unauthorised repairs, modifications or the addition of incompatible hardware.

Ategra does not make any warranty regarding the processing, provision, recovery, re-installation, configuration of software or data.

9. Fault diagnosis

Any time spent diagnosing a fault with any product Ategra provides will be charged for at our standard charge rates.

10. Limitation of liability

The Terms of Service and the relationship between you and Ategra Pty ltd shall be governed by the laws of Australia without regard to its conflict of law provisions. You and Ategra Pty Ltd agree to submit to the personal and exclusive jurisdiction of the courts located within the Northern Territory of Australia. The failure of Ategra Pty Ltd to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

Ategra's liability to you shall be limited to the value of any products or services supplied, and Ategra and its employees, contractors and agents, any manufacturers of the products or any of their materials or components and any licensors of Software or suppliers of services, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises. This exclusion of liability includes, but is not limited to, costs (including costs of returning products to Ategra or to any manufacturer or licensor), consequential loss, loss of profits and damage caused by or arising from delays in manufacturing or delivery, faulty or delayed installation, unreasonable use, negligence (including a failure to do something which should have been done or to prevent something from happening), faulty specifications and design, and faulty materials, components, manufacture, compilation, or assembly of the Products.

Neither Ategra nor you will be liable for any losses of any kind or any delay in performing obligations under these terms of trade caused in whole or in part by force majeure including (but not limited to) any act of God, natural disaster, flood or earthquake, strike, lockout, fire, war, civil commotion, network service failure, inability to obtain products or supplies including the imposition of any export or import bans, or any other cause beyond its reasonable control. Neither party shall be required to settle a strike or lockout or other industrial disturbance against its wishes in order to benefit from this clause.

11. Your further obligations

You indemnify Ategra against all costs (including legal costs on a solicitor and own client basis) expenses, losses, damages or claims arising in any way as a result of your failure to comply with any part of these terms of trade.

You indemnify Ategra against all costs (including legal costs on a solicitor and own client basis) expenses, losses, damages or claims arising in any way as a result of data loss or damage as a result of any direct or indirect data loss.

12. Intellectual property and Confidentiality

All intellectual property shall remain the property of Ategra or any supplier entitled to it, and neither Ategra nor its Suppliers transfer any right, title or interest in the intellectual property to you.

You shall not use any trade marks which are the property of Ategra or its Suppliers, or any similar words or marks, or any combination of words which includes any of those trade marks or any similar words or marks, except to the extent expressly authorised by Ategra in writing.

You agree to dispatch the Products only under the trade marks under which they are supplied by Ategra, and under no circumstances shall you apply any of the trade marks to any product which is not a genuine branded product supplied to you by Ategra.

You will not cause or permit anything which may interfere with, damage or endanger the trade marks or other intellectual property rights of Ategra or its Suppliers, or assist or allow others to do so.

You agree to ensure that all Confidential Information given by Ategra to you is made available to your employees only on the basis that those employees at all times maintain strict confidentiality.

This clause 13 shall survive the termination of the Agreement.

13. Product Pictures and Links to 3rd party sites

Ategra will endeavour to use up to date photographs for products offered for sale on our Website. However, manufacturers may make changes to products shown in photographs on this Website and the product purchased by you may not be identical to the product shown in the photograph on our Website. Provided that Ategra delivers the product selected by you (with reference to the product description rather than the photograph) you will accept the product purchased notwithstanding that it might differ in some respects from any associated photograph shown on this Website.

14. Privacy

Ategra is committed to preserving the privacy of any information you provide to us to enable you to conclude purchases of products on this Website and we will at all times comply with the National Privacy Principals and the Privacy Act 1998 (Cth). All information provided by you will be kept confidential and will not be sold, rented, loaned or otherwise disclosed to any person or company except for the purposes of fulfilling your order. All Staff and contractors of Ategra explicity sign a confidentiality agreement protecting client confidentiality and your data.

15. General

Ategra reserves the right to change these terms of trade from time to time.

If Ategra fails to enforce any terms or to exercise its rights under these terms of trade at any time, Ategra has not waived those rights.

If any provision of these terms of trade is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms of trade.

This agreement is governed by the laws of the Northern Territory and any dispute under it shall be subject to the exclusive jurisdiction of the Courts of the Northern Territory.

Ategra Pty Ltd reserves the right to change this Agreement at any time by revising the terms and conditions herein. User is responsible for regularly reviewing these terms and conditions. Continued use of this website & or Ategra products and services following any such changes shall constitute the User's acceptance of such changes.

Any rights not expressly granted herein are reserved.