This website https://www.wisertechnologyadvice.com.au (‘the Website’) is owned and operated by Weiser Australia Pty Ltd (ABN 84 136 475 039) (‘the Company’) trading as ‘Wiser Technology Advice’.
These terms and conditions govern the use of the Website and form a contract between you and the Company for the provision of Services on the Website.
By accessing, using, browsing, subscribing, or submitting a User Registration request to ‘Wiser Technology Advice’ and/or the Website, you agree that your access to and use of, the Website is subject to these Terms and Conditions, and all applicable laws, and is at your own risk.
The Company may amend, modify or update these Terms and Conditions at any time at its sole discretion, without providing notice to you.
1.1. Technology Supplier(s) means a technology professional(s) whether an individual or organisation that provides technology services and has been approved by Wiser Technology Advice for inclusion in the published list of Technology Suppliers;
1.2. Professional Advisor(s) means a professional(s) whether an individual or organisation that provides business advisory services and has been approved by Wiser Technology Advice for inclusion in the published list of Professional Advisors;
1.3. Australian Consumer Law has the same meaning provided in the Competition and Consumer Act 2010 (Cth) and in particular refer to Schedule 2 of this Act.
1.4. Business Day means any day that banks are generally open for business in Adelaide but not a Saturday, Sunday or public holiday pursuant to the Holidays Act 1910 (SA).
1.5. Buyer(s) means an individual or organisation that requires IT solutions and services by reference to a specific Project Request.
1.6. Copyright Statement means the Wiser Technology Advice Copyright Statement on this Website: read our Copyright Statement.
1.7. Disclaimer means the Disclaimer on this Website: read our Disclaimer.
1.8. Fee means the fees, charges and/or prices set by Wiser Technology Advice each financial year from time to time (inclusive of GST).
1.9. Goods means the goods or products supplied by Wiser Technology Advice for a Fee.
1.10. GST has the same meaning as those terms and phrases in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time.
1.11. Intellectual Property means patents, trademarks, registered designs, applications for any of the foregoing, copyright, design rights and analogous rights, trade and business names, rights in confidential information howsoever arising and wheresoever situation and any right or interest in any of the foregoing.
1.12. Intellectual Property Statement means the Wiser Technology Advice Intellectual Property Statement on this Website: Read our Intellectual Property Statement.
1.13. IT means information technology.
1.14. Know-How means guidelines, inventions, discoveries, improvements, processes, formulae, receipts, techniques, designs, specification, drawings, technical information, methods, templates, test reports, component lists, manuals, instructions and catalogues.
1.14. Personal Information has the same meaning as those terms and phrases in the Privacy Act 1988 (Cth), as amended from time to time.
1.15. Privacy Statement means the Wiser Technology Advice Privacy Statement on this Website: read our Privacy Statement.
1.16. Registered User means a user with access to the online platform determined by fulfilling eligibility criteria set by Wiser Technology Advice in order to be accepted as registered.
1.17. Services means the services supplied by Wiser Technology Advice.
1.18. Supplier(s) means an IT professional(s) whether an individual or organisation that provides IT services.
1.20. Terms and Conditions means these Terms and Conditions herein, including the Disclaimer, the Copyright Statement, the Intellectual Property Statement, and the Privacy Statement.
1.21. User means any visitor or viewer of the Website whether an individual or an organisation.
1.22. User Registration Request means a request to be nominated as a registered user on the online platform through the submission of approved forms and templates provided by Wiser Technology Advice.
1.23. Website means the/this website https://www.wisertechnologyadvice.com.au.
1.24. Wiser Technology Advice is a trading name of Weiser Australia Pty. Ltd. (ABN 84 136 475 039) and includes its principals, directors, officers, agents, employees and/or authorised representatives.
2.1. You accept that a contract is formed upon submitting a User Registration Request through the Website or directly to Wiser Technology Advice.
2.2. By submitting a User Registration Request, you acknowledge that you have read and understand the Terms and Conditions and agree to be bound by same.
2.3. You also agree that by using the Website, the exclusions and limitations of liability, indemnities and warranties set out in the Terms and Conditions are reasonable.
2.4. You further agree that by using the Website, where the exclusions and limitations of liability, indemnities and warranties (not exhaustive) set out in these Terms and Conditions are inconsistent with each other, the exclusions, limitations of liability, indemnities and warranties, and the rights and interests of Wiser Technology Advice prevail.
2.5. If you do not agree with that set out above, you must immediately cease using this Website.
3.1. Wiser Technology Advice provides technology advice and referrals to Users through an online platform available on the Website
3.2. The online platform is a forum where Users can market and advertise open projects, services and obtain support and assistance in an exclusive technology only market.
3.3. Wiser Technology Advice aims to connect like-minded individuals and businesses to technology suppliers and professional advisors through an online platform using its industry expertise to provide tailored recommendations assessed in accordance with the customised Project Requests
3.4.Whilst we trust the businesses listed on our website to provide great service and have no hesitation in recommending them, we cannot provide guarantees of their delivery or quality of products and service, as this is beyond our control.
3.4. Wiser Technology Advice’s Services include:
3.5.1. Connecting Registered Users through an online platform solely for IT services.
3.5.2. Listing of qualified and reputable IT professionals (including contact details) and for available IT projects.
3.5.3. Advertising and marketing of IT professionals and services, and specific projects that require IT services.
3.5.4. Providing consulting services to Users to plan, manage and implement IT services.
3.5.5. Access to and provision of other related services, including consulting services.
3.6. Wiser Technology Advice’s Goods include:
3.6.1. Provision of industry specific guidelines to Users to assist in the provision of Services and IT services.
3.6.2. Provision of prescribed templates and approved forms to identify the nature and scope of Services and IT services.
3.7. Wiser Technology Advice is not an employer or recruitment agency.
3.8. Wiser Technology Advice maintains close and personal relationships with all of its Suppliers who we regard as reputable and share our values of providing a high quality Services at a reasonable price.
3.9. Wiser Technology Advice may provide consultancy and other related Services upon request from time to time by prior arrangement for a fee.
4.1. A User may submit a User Registration request to the online platform.
4.2. A User Registration request does not guarantee approval as a Registered User.
4.3. A User must meet/fulfil the eligibility criteria determined by Weiser Technology Advice in its sole discretion from time to time in order to become a Registered User.
4.4. A User submitting a User Registration request will be subject to reference checking and approval by Wiser Technology Advice in its sole discretion prior to being approved for inclusion in the published list of Suppliers.
4.5. User Registration Fees are charged according to the User category and Services provided by Weiser Technology Advice in accordance with clause 10, whereby:
4.5.2. A User submitting a User Registration request as a Supplier will attract an annual Fee upon approval for inclusion in the published list of Approved Suppliers. Annual subscriptions are valid for 12 calendar months from the date that access to the online platform is granted by Wiser Technology Advice.
5.1. All Registered Users to the online platform warrant that their contact details are up-to-date and current.
5.2. All Registered Users consent to the use of nominated contact details being made available by Wiser Technology Advice to other Registered Users on the online platform.
5.3. All Registered Users consent to Wiser Technology Advice conducting annual reference checks in relation to their business and services to verify their reputation and professionalism.
5.4. Wiser Technology Advice reserves the right to remove revoke access to the Website and remove details of Registered Buyers and Suppliers from its Website in its sole discretion.
6.1. All Project Requests must be submitted in the Wiser Technology Advice prescribed templates and/or approved forms as determined by Wiser Technology Advice from time to time, in accordance with its published guidelines.
6.2. Submission of each Project Request by a Buyer for a project to post to the online platform is free of charge.
6.3. All Project Requests are prepared by and subject to a quality assurance review by Wiser Technology Advice and must meet our quality standards before they will be approved for publication to the Website.
6.4. Project Requests are published and posted to the Website entirely at the discretion of Wiser Technology Advice.
6.5. Wiser Technology Advice reserves the right to reject Project Requests which are deemed to be unsuitable for publication.
6.6. Project Requests are valid and advertised for no longer than 6 weeks from the date that Wiser Technology Advice posts/publishes the Project Request to the online platform.6.7. All responses to Project Requests must be submitted in the Wiser Technology Advice’s prescribed templates and/or approved forms as determined by Wiser Technology Advice from time to time, in accordance with its published guidelines.
6.8. All responses to Project Requests must be submitted directly to Wiser Technology Advice.
7.1. Wiser Technology Advice may provide a recommendation of suitable Suppliers to a Buyer for a Fee upon posting of a Project Request to the online platform.
7.2. Registered Users may in their absolute discretion choose whom they wish to engage for the provision or receipt of services as advertised/marketed through the online platform.
7.3. Wiser Technology Advice is not responsible for the engagement of services facilitated through the online platform.
7.4. All Registered Users acknowledge and agree that if they engage another Registered User to supply the services required for a Project Request, no privity of contract is formed on the part of Wiser Technology Advice in this engagement.
7.5. The engagement of services between Registered Users is a separate independent agreement formed directly between that Buyer and the Supplier in relation to that project.
7.6. All agreements formed between Buyer and Supplier in relation to a project are subject to the terms and conditions as agreed upon by the parties to that agreement.
7.7. Wiser Technology Advice is not responsible for performance or supply of services pursuant to connections made through the online platform.
7.8. By providing Wiser Technology Advice with an advertisement or marketing material, you consent to Wiser Technology Advice:
7.8.1. Uploading the advertisement or marketing material on the Website;
7.8.2. Modifying the advertisement or marketing material to meet the Website’s technical requirements;
7.8.3. Storing and transmitting the advertisement or marketing material in to a PDF form;
7.8.4. Acting in accordance with the Privacy Statement; and
7.8.5. Acting in any other reasonable manner necessary for Wiser Technology Advice to carry on its day to day operations.
All Users and Registered Users warrant that any and all material and information supplied to Wiser Technology Advice by way of electronic transmission are:
8.1. Free from computer virus and other malevolent software;
8.2. Free from profanity, hateful, discriminatory or other foul language;
8.3. Up-to date and ready for uploading and/or posting to the website;
8.4. Compliant with the Website’s technical requirements as advised by Wiser Technology Advice;
8.5. Free from links to third parties and hyperlinks, unless prior written consent to including same has been provided by Wiser Technology Advice;
8.6. Not an advertisement for a project(s) which is/are illegal in either the jurisdiction where the project(s) is/are proposed to be performed nor within Australia;
8.7. Compliant with all State and Federal legislation, regulations, by-laws, ordinances and codes of conduct.
9.1. Wiser Technology Advice has no involvement or responsibility in relation to fees charged between a Business and Supplier.
9.2. A User and/or Registered User agrees to pay the Fees charged by Wiser Technology Advice as described in the Fee Schedule herein or as otherwise stated on the Website.
|Consulting Service Fees:
||Advised in writing before commencement of each engagement.|
9.3. All Fees stated are in Australian Dollars (AUD) and inclusive of GST.
9.4. Wiser Technology Advice will provide you with a tax invoice either before, at the time of, or after payment of a Fee.
9.5. All Fees and charges payable to Wiser Technology Advice are due and payable in the time period set out on the Website at the time a payment is processed or alternatively, within 14 days of the date of the invoice, whichever is earlier, unless otherwise agreed in writing.
9.6. Payment of all Fees may be made by any of the methods stated on the Website from time to time or as stated on an invoice rendered to you.
9.7. You acknowledge and agree that all payments must be received in clear funds by Wiser Technology Advice before any Goods or Services will be provided by Wiser Technology Advice, unless otherwise agreed in writing.
9.8. Any special offers or discounts offered by Wiser Technology Advice in any form are at the sole discretion of Wiser Technology Advice and may be revoked at any time without notice.
9.9. Wiser Technology Advice reserves the right vary its charges annually, usually before 30 June, with any variations to take effect from 1 July of that year without prior notification.
9.10. By making a payment to Wiser Technology Advice, you warrant that you have the authority and legal capacity to enter into a contract on behalf of that User where it is a business or organisation.
9.11. Failure to pay in accordance with this clause 9 will result in Wiser Technology Advice instituting debt recovery proceedings against you.
9.12. You agree to indemnify Wiser Technology Advice for any costs incurred as a result of the debt recovery proceedings.
9.13. In the event that Wiser Technology Advice determines to terminate the agreement between itself and you in accordance with clause 10 herein, Wiser Technology Advice reserves its right to retain any Fees and charges paid to Wiser Technology Advice and in this respect, Wiser Technology Advice retains its discretion to refund all other Fees and charges paid in advance on a pro-rata basis.
9.14. Wiser Technology Advice reserves the right to charge interest at an amount equal to two (2) percentage points (%) above the Reserve Bank cash rate target as published from time to time, per annum, on any amount/invoice that is not paid within thirty (30) days of the due date of that amount/invoice.
In the event of default and/or breach of any of the conditions, obligations or provisions of these Terms and Conditions, Wiser Technology Advice may at any time and in Wiser Technology Advice’s sole discretion without any prior notice to you:
10.1. Immediately issue a written warning to you in respect of the default/breach;
10.2. Request that you remedy the default/breach within the time period stipulated in the written notice;
10.3. Temporarily or permanently suspend your access to all or parts of the online platform through the Website;
10.4. Remove any Project Request posted on the online platform;
10.5. Remove any listing of your contact details, services and expertise; and/or
10.6. Terminate the agreement and your right to use/access the Website.
Wiser Technology Advice shall not be responsible for any delay, suspension or failure arising out of any and all circumstances outside our control, including but not limited to acts of God, governmental actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, or an act or omission of a third party whether it be with respect to obtaining the necessary materials, information or instructions to complete or provide the relevant task or service, the failure of performance by others, internet interruption or virus, accidents or breakdown of machinery, software, hardware or communication network.
12.1.1. Wiser Technology Advice reserves the right to amend, modify, change, add, and/or remove any part of these Terms and Conditions in its sole discretion and that any such amendment will bind you from the date of the publication on the Website.
12.1.2. Wiser Technology Advice reserves the right to modify, change, add, and/or remove any (but not limited to) content and/or features of the Website or the provision of Wiser Technology Advice Goods and/or Services on the Website without prior notice to you.
12.2. Governing Law and Jurisdiction
12.2.1. The Terms and Conditions and/or use of the Website shall be governed by the laws of the State of South Australia and the Commonwealth of Australia.
12.2.2. By using the Website you submit to the non-exclusive jurisdiction of the Courts of South Australia and any courts that may hear appeals from those courts in any proceeding. Any proceedings brought in the Federal Court of Australia must be commenced in its South Australian District Registry.
12.2.3. Use of this Website is unauthorised in any jurisdiction that does not give effect to all provisions of the Terms and Conditions.
To the extent permitted by law, and subject to non-excludable liabilities for breach of conditions or warranties, whether express or implied by legislation, (in particular the Australian Consumer Law) and subject to any other applicable Laws, you agree to indemnify Wiser Technology Advice and its principals, directors, officers, agents, employees and/or authorised representatives against all claims, suits, demands, damages, liabilities, costs or expenses arising in any way out of or in any way connected to your use of this Website.
These Terms and Conditions do not create a relationship of principal and agent, employer and employee, partnership or joint venture between Wiser Technology Advice, any of its principals, directors, officers, agents, employees and/or authorised representatives and you.
If any part of these Terms and Conditions are judged invalid, unlawful or unenforceable for any reason whatsoever by a Court of competent jurisdiction, such invalidity or unenforceability or illegality will not affect the operation, construction or interpretation of any other provision of these Terms and Conditions; to the extent that the invalid or unforeseeable or illegal provisions will be treated for all purposes separate from these Terms and Conditions.
Any failure or delay in Wiser Technology Advice enforcing or partially enforcing any provision of these Terms and Conditions is not a waiver of Wiser Technology Advice’s rights pursuant to these Terms and Conditions, at law or in equity.