Terms and Conditions of Sale

Our terms.

1) Customer Acknowledgment.
The Customer acknowledges agreement with these Terms and Conditions of Sale by the placement of an order to purchase a product or acquire services from JCR Computers. JCR Computers is the trading name of JCR IT Services Pty Ltd. This contract of sale is between the entity named on the invoice (the “Customer”) and JCR Computers.

All goods are supplied on these terms and conditions only and no person in the employment or otherwise as agent for JCR Computers has any authority to supply goods on any other terms and conditions or to vary these terms and conditions in any way whatsoever. Previous dealings shall not vary or negate these terms and conditions in any respect.

2) Return or Exchange of Goods.
JCR Computers will gladly refund or credit goods returned within a reasonable time (generally 7 days) provided the goods are in original condition, original packaging, current version and not a special order, hardware, peripheral or clearance item. Otherwise, we will make our best effort to arrange exchange with the manufacturer or accept the goods back for resale. In this case, if the return is authorised by JCR Computers, a restocking fee of up to 25% may apply.

Please note that where the plastic seal of a software package is broken the return or exchange cannot be accepted due to copyright and licensing restrictions unless faulty or defective. In this case we will help the Customer obtain a working copy from the supplier.

Return or exchange of computer hardware and peripherals is sometimes not possible due to third party constraints on JCR Computers (unless faulty). Unless agreed otherwise prior to purchasing, all sales shall be considered firm sales.

3) Delivery of Goods.
We place great importance on the fast and reliable delivery of Customers orders, however please note that delivery times are estimates only and JCR Computers shall not be liable for delays.

If the Customer fails or refuses to take delivery of the goods, then in addition to all other rights and remedies of JCR Computers, the Customer shall be liable for all loss and damage (including consequential loss and damage) suffered or incurred by JCR Computers as a result thereof and JCR Computers, at its discretion may charge a restocking fee of up to 25% of the purchase price.

The goods shall be at the Customers risk at the point of delivery. The Customer, upon taking delivery of the goods, shall immediately examine the goods and give written notice to JCR Computers of any defect within five (5) days of such date, failing which the goods shall be deemed to have been delivered in good order and condition and accepted by the Customer.

4) Backed Up Data.
Backup. Subject to your compliance with the terms and conditions of these Terms and Conditions, we will undertake commercially reasonable efforts to save a copy of your data and other files that exist on your Device that you designate for backup (your “Backed up Data”) to a server operated by JCR Computers or our agents. Then, on a going forward basis, we will automatically poll the Device for changes or additions to the Backed up Data and periodically re-save a copy of a modified file or create a copy of a newly designated file. You hereby grant us a license to use, reproduce, access, view, modify, reformat, translate and transfer your Backed up Data, solely and to the limited extent necessary to perform our obligations hereunder and provide you the Services.
Availability. Your Backed up Data may not be available or restorable if:
a) we have not completed copying your selected files or changed files and
b) you change your password on a Device or otherwise restrict our access to such Device; or
c) you Subscription expires or terminates.

You represent and warrant that your Backed up Data does not infringe on any copyright, trademark, trade secret, or other intellectual property or proprietary right of others; violates the privacy, publicity, or other rights of third parties; violates any other law, statute, ordinance or regulation, including laws regarding anti-discrimination and false advertising; contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.
Access. We will take reasonable efforts to restrict access to the Backed up Data to Subscribers using their applicable Credentials. However, no password-protected system of data storage and retrieval can be made entirely impenetrable and you acknowledge that Site and the Services are not invulnerable to all security breaches or immune from viruses, security threats or other vulnerabilities.
Review. We do not normally review, inspect, edit or monitor any Backed up Data. However, if we believe that a Subscription is being used for storage and distribution of any illegal material such as copyrighted content, we reserve the right to examine the content of the Backed up Data. We reserve the right to refuse, remove or disable access to any Backed up Data stored on our servers for any reason including that the Backed up Data or its storage is illegal or may violate these Terms of Use.

5) Payment.
The price shall be paid by the Customer in full without any deduction in respect of any claimed set-off or counterclaim (including any such set-off or counterclaim on account of any delay on the part of JCR Computers in delivering any part of the goods) on or before the payment date.

In addition to any other rights or remedies of JCR Computers in the event of the Customer’s default hereunder, JCR Computers shall be entitled:

1. a) To charge and recover costs incurred for the collection of payment (such as but not limited to collection agency fees and legal costs), cheque dishonour fees, interest at the current bank overdraft rate plus two percent per annum from the due date for payment until payment in full;
   b) To immediately and without notice retake possession of the goods (and for such purpose the Customer irrevocably licenses JCR Computers, its employees, contractors, servants or agents to enter upon the premises at which the goods are located to so retake possession) and resell the goods after seven (7) days written notice to the Customer and thereafter recover from the Customer any amount by which the resale price is less than the price agreed to be paid by the Customer, together with all costs and expenses suffered or incurred by JCR Computers as a result of the Customer’s default;
   c) At the sole discretion of JCR Computers charge a restocking fee of up to 25% of the purchase price.
   d) At the sole discretion of JCR Computers put the Customer account credit on hold and suspend the supply of goods and services (including RMA(Return Merchandise Authorization)).
2. a) To charge recurring fees. As a Subscriber, you agree to pay our then-current and applicable subscription fees for the Services, based on the level of Services for which you sign up. Your use of the Services are limited to the restrictions established in your applicable plan (e.g., limitations on storage amounts or the number of accounts). If you are a Business Subscriber User, your business or organization may pay fees on your behalf.
   b) JCR Computers charges and collects in advance for use of certain Services. Unless you designate in your Subscription preferences or notify us that you do not want your subscription to be auto-renewed, you agree that we may automatically renew your Subscription to the Services and automatically charge you the then-current renewal fees for such renewed subscription using the credit card associated with your subscription at the beginning of each recurring period.
   c) Non-Payment. You further agree that we may suspend your access to any Services if, at any time, you have not paid all fees that you owe to us. In the event we are unable to collect the fees you owe us, we may take any other steps we deem necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, court costs and attorneys’ fees. Any amounts not paid when due shall bear interest at the rate of five percent (5%) per month, or the maximum legal rate, if less.
   d) Promotions. We may run promotional offers from time to time on the Site. The terms of any such promotion will be posted on the Site. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point.

6) Duration Of Access.
You agree that we, in our sole discretion, may immediately terminate your access to the Site and Services at any time, for any reason, in our sole discretion. We may provide you refunds in our sole discretion, but we are in no event required to provide you a refund if we terminate these Terms of Use for your material breach. Upon termination or expiration of your access to the Services, you will no longer have the right to access or retrieve your Backed up Data through the Site. If you contact us within thirty (30) days of the date of the termination or expiration of a paid Subscription and request a copy of your Backed up Data, we will use commercially reasonable efforts to provide you a copy of your Backed up Data in a format determined by us. Upon expiration of a free trial that is not followed by a paid Subscription, or beginning thirty (30) days after any termination or expiration of your paid Subscription, you acknowledge and agree that we may delete any or all of your Backed up Data. It is solely your responsibility to seek another source for your backup needs.

YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES OR DELETION OF YOUR BACKED UP DATA. TERMINATION OF YOUR SUBSCRIPTION WILL IN NO WAY MODIFY, CHANGE OR VOID ANY PAYMENT OBLIGATIONS YOU MAY HAVE INCURRED UP TO THE DATE OF TERMINATION
THROUGH YOUR USE OF THE SITE OR ANY SERVICES, WHETHER SUCH OBLIGATION IS TO US OR A THIRD PARTY.

7) Errors and Omissions.
At JCR Computers, we work hard to offer you the most competitive pricing and accurate product information. Because of the dynamic nature of this industry (e.g. vendor price changes and other variables beyond our control), prices, promotions, versions and availability advertised are subject to change without prior notice. Please be assured of our every effort to ensure the accuracy; however, the documents and graphics published may contain technical inaccuracies or typographical errors. JCR Computers makes no representations about the suitability of this information; it is provided “as is” without warranty of any kind. If an error is made or a product is listed at an incorrect price, JCR Computers shall maintain the right to refuse or cancel any orders placed. If the order has been confirmed and charged to your credit card, JCR Computers shall immediately issue a refund.

8) Limitation of Liability.
JCR Computers, shall under no circumstances be liable for special, incidental, or consequential damages including loss of profit or opportunity, even if it has been advised of the possibility of such damages: the maximum liability for all direct damages, if any, arising out of any action shall be limited to an amount not to exceed the price of the product.

Subject to any applicable Commonwealth or State Legislation, JCR Computers’ liability for any such breach shall be limited, at its sole discretion, to any of the following:
a) Replacement of the goods or any part thereof (Labour Excluded);
b) Supply of equivalent goods or any part thereof;
c) Repair of the goods or any part thereof;
d) Payment of the cost of replacing the goods or acquiring equivalent goods or any part thereof;
e) The payment of the cost of having the goods or any part thereof repaired; or
f) Refund of the goods upon return.

9) All Sales Made in New South Wales.
All sales shall be deemed made in the state of New South Wales of Australia regardless of the location of the Customer. The Customer agrees that any dispute with JCR Computers shall be brought by the Customer exclusively in the state or federal courts situated in the State of New South Wales.

10) Intellectual Property.
All software, code, and related materials developed by JCR Computers, whether or not for the Customer, shall remain the intellectual property of JCR IT Services Pty Ltd. The Customer is granted a non-transferable, non-exclusive license to use the software or code for its intended purpose. The Customer may not reproduce, distribute, or create derivative works from the software or code without the express written consent of JCR IT Services Pty Ltd. Any modification, reverse engineering, or disassembly of the software or code is strictly prohibited unless explicitly permitted by JCR IT Services Pty Ltd in writing.

11) General.
JCR Computers warrants that it has good title to all products it sells. In the event any section or portion of a section of these Terms and Conditions of Sale are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms and Conditions of Sale, and the remaining terms shall continue in full force and effect.