Terms & Conditions

Interpretation and application

(1)In these terms, “Dataline”, “we”, “us” and “our” mean Dataline Networks Pty Ltd (ABN 24 088 842 326) of Unit 7 / 5 Rose Street, Hawthorn East VIC 3123. “Customer”, “you” and “your” mean the person or business that orders from us.

(2)“Goods” means hardware, equipment and other physical products we supply. “Services” means managed IT, support, installation, project, consulting and AI integration services we supply. “Subscriptions” means software, cloud and licence subscriptions we supply or resell, including Microsoft 365 and Microsoft Copilot.

(3)These terms apply to every quote, order, invoice and agreement between us unless we both agree otherwise in writing. They apply instead of any terms in your purchase order. If a signed service agreement or statement of work conflicts with these terms, the signed document applies to the extent of the conflict.

(4)Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded, restricted or modified.

Quotes, orders and descriptions

(1)Unless a quote states otherwise, it is valid for seven (7) days from its date.

(2)Prices for third-party goods and subscriptions can change because of supplier price changes, exchange rates or availability. If a price changes after you accept a quote but before we place the order with our supplier, we will tell you before proceeding and you may cancel the affected items without charge.

(3)An order is accepted when we confirm it in writing or begin supplying. We may decline an order within seven (7) days of receiving it.

(4)What we will supply is described in the quote or invoice we agree with you. Specifications, dimensions and performance figures in catalogues, brochures, websites and price lists are a guide only unless we confirm them in writing. This does not limit your rights if we have misled you.

Prices and GST

(1)Prices are in Australian dollars and exclude GST unless stated otherwise. GST is payable in addition at the rate that applies at the time of supply.

(2)Freight, special packing and insurance are payable by you only if they are included in the quote or we tell you about them before you accept.

Payment

(1)Payment is due by the due date shown on our invoice. If no due date is shown, payment for goods is due on delivery and payment for services and subscriptions is due within 14 days of the invoice date.

(2)We may charge interest on overdue amounts at the rate fixed under the Penalty Interest Rates Act 1983 (Vic), calculated daily from the due date until paid.

(3)If an amount is more than 30 days overdue, we may suspend services or subscriptions after giving you at least seven (7) days’ written notice. We will restore them promptly once the overdue amount is paid.

(4)You must pay the reasonable costs we incur in recovering overdue amounts, including mercantile agent and legal costs.

Delivery, risk and inspection

(1)Delivery dates are estimates. We will tell you promptly about any delay we become aware of. We are not liable for loss caused by delay unless the delay results from our negligence or breach of these terms.

(2)Risk in goods passes to you when they are delivered to your nominated address or collected by you, your agent or a carrier you arrange.

(3)Please inspect goods on delivery and tell us about any shortage or visible damage within ten (10) days. This lets us claim promptly against the carrier or supplier. It does not limit your rights under the Australian Consumer Law.

Ownership of goods and security interest

(1)Goods remain our property until you have paid for them in full.

(2)Until then, you hold the goods on our behalf, must keep them identifiable as ours, and may use them in the ordinary course of your business.

(3)These terms create a security interest in the goods and their proceeds under the Personal Property Securities Act 2009 (Cth) (PPSA). We may register that interest on the Personal Property Securities Register, and you will sign any document we reasonably need for that purpose.

(4)To the extent the PPSA allows, sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4), 142 and 143 of the PPSA do not apply, and you waive your right to receive a verification statement.

(5)If you do not pay for goods when due, or an insolvency event happens to you, we may recover goods we still own. We will give you reasonable notice and will only enter your premises at a reasonable time to do so.

(6)An insolvency event means you are unable to pay your debts as they fall due; a liquidator, administrator, receiver or controller is appointed to you or your assets; you enter into an arrangement with your creditors; or, if you are an individual, you become bankrupt.

Guarantees and warranties

(1)Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

(2)Our services also come with guarantees that cannot be excluded under the Australian Consumer Law, including that they will be provided with due care and skill.

(3)Goods made by others also carry the manufacturer’s warranty. We will help you make a claim under it.

(4)In addition to your rights under the Australian Consumer Law, we warrant installation and configuration work we perform against faults in our workmanship for 12 months from completion. If a fault is covered, we will re-perform the work at no charge.

(5)The warranties in clauses 7(3) and 7(4) do not cover faults caused by:

(a)misuse, accident, neglect or overloading;

(b)modification or repair by anyone other than us without our written approval;

(c)accessories or software not supplied or approved by us; or

(d)failure to follow our or the manufacturer’s reasonable instructions.

(6)Clause 7(5) does not limit your rights under the Australian Consumer Law.

Limitation of liability

(1)Where goods or services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for failing to comply with a consumer guarantee (other than a guarantee under sections 51, 52 or 53 of the Australian Consumer Law) is limited, at our option, to:

(a)for goods: replacing or repairing them, supplying equivalent goods, or paying the cost of doing so; and

(b)for services: supplying them again, or paying the cost of having them supplied again.

(2)Subject to clause 1(4), neither party is liable to the other for indirect or consequential loss, including loss of profit, revenue or business opportunity.

(3)Subject to clause 1(4), our total liability in connection with an order or service is limited to the amount you paid us for it in the 12 months before the claim arose. This limit does not apply to liability for death or personal injury, fraud, or breach of clause 12.

(4)You are responsible for backing up your data unless we provide backup services to you under a written agreement. Where we do, we will perform them with due care and skill.

Services

(1)We will perform services with due care and skill and in line with the scope set out in your quote, statement of work or service agreement.

(2)Work outside that scope is charged at our current rates. Where practicable, we will tell you before starting it.

(3)You will give us timely access to the sites, systems, information and people we reasonably need, and make decisions promptly. We are not responsible for delays caused by you or your other suppliers.

(4)You authorise us to access your systems remotely to perform services. We will use secure remote access tools and access only what is needed for the work.

Subscriptions and licensing

(1)Subscriptions we supply or resell, including Microsoft 365, Microsoft Copilot and other cloud services, are also subject to the vendor’s terms, such as the Microsoft Customer Agreement. You must accept those terms before the subscription starts.

(2)Before you subscribe, we will tell you the term, price, billing frequency, renewal arrangements and how to cancel.

(3)Many subscriptions are sold for a fixed term, such as monthly or annual, and the vendor only allows cancellation or a reduction in licences within a short period after purchase or renewal. We will tell you that period before you buy. Outside it, you remain liable for the rest of the term.

(4)Subscriptions renew automatically at the end of each term unless you tell us otherwise. We will remind you before an annual or longer term renews, including any change in price.

(5)You can cancel or change a subscription by emailing info@dln.net.au or calling (03) 9882 9855.

AI services

(1)AI integration, Microsoft Copilot deployment and AI security work are services under these terms.

(2)AI tools can produce outputs that are inaccurate, incomplete or inappropriate. You are responsible for reviewing outputs before relying on them, particularly for legal, financial, medical, employment or safety decisions.

(3)AI tools can generally access whatever data the signed-in user can access. Before deployment, we recommend a review of permissions, sensitivity labels and data loss prevention settings, which we can provide. Unless you engage us to carry out that review, we are not responsible for data an AI tool exposes because of your existing access settings.

(4)AI models and services provided by third parties, such as Microsoft, are subject to those providers’ terms, including how they process your data.

(5)We will not use your data to train AI models without your written consent.

Confidentiality and privacy

(1)Each party will keep the other’s confidential information confidential and use it only for the purpose of our dealings, except where disclosure is required by law.

(2)We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy.

(3)If we become aware of a data breach involving your information held by us, we will notify you promptly and work with you on your response.

Intellectual property

(1)You own your data.

(2)We, or our licensors, keep ownership of our pre-existing tools, scripts, templates, software and know-how.

(3)Unless a statement of work says otherwise, once you have paid in full you receive a perpetual, non-exclusive licence to use deliverables we create for you for your internal business purposes.

(4)You must not alter or remove any trade marks, serial numbers or labels that we or the manufacturer place on goods.

Returns

(1)We are not obliged to accept the return of goods that are not faulty. If we agree to, we may charge a handling fee of up to 20% of the price to cover our restocking costs. Some vendors do not accept returns of opened software or activated licences.

(2)Clause 14(1) does not apply to faulty goods or limit your rights under the Australian Consumer Law.

Storage

(1)If you do not take delivery or give delivery instructions within fourteen (14) days of our request, we may charge a reasonable storage fee.

Your equipment in our care

(1)We will take reasonable care of equipment you leave with us for repair, configuration or storage.

(2)Please back up your data before leaving a device with us. We are not responsible for loss of data on that device unless it is caused by our negligence.

Cancellation

(1)You may cancel an order for goods without charge before we have ordered them from our supplier. After that, you may cancel only with our consent, and you must pay the reasonable costs we have incurred, including any supplier restocking fees.

(2)Either party may end an ongoing service agreement on the notice it specifies or, if it specifies none, on 30 days’ written notice. Subscriptions may only be cancelled as set out in clause 10.

Events beyond our control

(1)Neither party is liable for a delay or failure to perform caused by an event beyond its reasonable control, such as natural disaster, pandemic, industrial action, supplier shortages, an outage at a third-party provider, or government action, provided it promptly notifies the other party and takes reasonable steps to minimise the effect. This does not affect your obligation to pay for goods and services already supplied.

Changes to these terms

(1)We may update these terms from time to time. A change applies only to orders placed after the updated terms are published on our website.

(2)For ongoing services and subscriptions, we will give you at least 30 days’ written notice of a change that affects you. If the change is materially detrimental to you, you may end the affected service without penalty before it takes effect.

Disputes

(1)If a dispute arises, the party raising it will notify the other in writing, and senior representatives of both parties will meet within fourteen (14) days to try to resolve it in good faith.

(2)Clause 20(1) does not prevent either party from seeking urgent relief from a court.

Governing law

(1)These terms are governed by the laws of Victoria, Australia. Each party submits to the jurisdiction of the courts of Victoria and the courts that can hear appeals from them.

General

(1)A failure or delay by either party in exercising a right is not a waiver of that right.

(2)If any part of these terms is invalid or unenforceable, it is severed and the rest of these terms continues to apply.

(3)Notices may be given by email to the address last provided by the other party.