TAPE ARK TERMS AND CONDITIONS
PLEASE READ THIS AGREEMENT ("AGREEMENT") CAREFULLY BEFORE AGREEING AND ISSUING A PURCHASE ORDER. ISSUING A PURCHASE ORDER INDICATES YOUR ACKNOWLEDGEMENT THAT YOU ("CLIENT") HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND TO ITS TERMS.


The Services provided under this Agreement from Tape Ark purchased by the Client will be provided by Tape Ark or a Tape Ark authorised service provider. Questions about this Agreement should be raised with Tape Ark at +61 1300 660 982 or emailed to info@tapeark.com.  


1. DEFINED TERMS
In these Conditions:
Business Day means a day other than a Saturday, a Sunday or a public holiday in Perth, Western Australia.
Client means the individual, company or other legal entity requesting the Services, as specified in the Quotation.
Conditions means these terms and conditions
Contract means the contract formed by Tape Ark’s acceptance of the Quotation, the terms of which are set out in these Conditions and the Quotation or any statement of work provided..
Data means the information stored on the Storage Medium.
Deposit means the amount (if any) specified as such in the Quotation.
Price means the price for the Services stated in the Quotation.
Quotation means the quotation provided to the Client.
Relevant Proportion means the amount determined by Tape Ark to represent the proportion of the Services completed up to and including the date of termination or cancellation (as the case may be).
Services means the services specified in the Quotation.
Storage Medium means the computer equipment, hardware, hard disk, tape or other data storage media provided by the Client as described in the Quotation.


2. INTERPRETATION
2.1 The Quotation and any Statement of Work is to be read with these Conditions and forms part of the Contract.
2.2 If there is any inconsistency between the Quotation or Statement of Work and these Conditions, then the Quotation or Statement of Work will prevail to the extent of the inconsistency.


3. REQUEST FOR SERVICES
3.1 The Client may request Tape Ark to provide the Services by completing and signing a purchase order. If the purchase order is accepted by Tape Ark, Tape Ark agrees to provide the Services to the Client on the following Conditions.
3.2 The Client may cancel the Quotation by giving notice of cancellation to Tape Ark, and if it does so, must pay Tape Ark the Relevant Proportion of the Price when the Client collects the Storage Medium from Tape Ark or takes delivery of it or within 5 Business Days of the date of Tape Ark’s invoice, whichever occurs first.
The Client must indemnify Tape Ark against all loss (including loss of profit), costs (including the cost of labour, collection, delivery and storage costs), damages, charges and expenses incurred by Tape Ark as a result of cancellation.
3.3 Any completion times specified in the Quotation or or otherwise given by Tape Ark for performance of the Services are estimates only. Tape Ark will not be liable to the Client for any loss or damage sustained by the Client as a result of Tape Ark’s delay in meeting those completion times for any reason whatsoever. The Client will not be entitled to terminate the Contract because of any delay in completion.


4. PRICE
4.1 Unless otherwise stated in the Quotation or Statement of Work , the Price does not include any applicable taxes, duties or tariffs, or freight, handling or insurance charges all of which the Client must pay to Tape Ark in addition to and at the same time as the Price.
4.2 Tape Ark reserves the right to increase the Price at any time to reflect any significant increase in the cost to Tape Ark of supplying the Services (such as any significant increase in government charges or in the cost of labour or materials).  Specifically storage prices will be reviewed annually and will be adjusted after taking into account the movement in CPI as well as those economic indicators that have had a major influence/impact on our business over the past twelve (12) months.
4.3 For projects with a forecast or actual duration greater than one month, Tape Ark will invoice the Client at the end of the calendar month, in which the project begins, for the work completed in that month.  Thereafter, and for the duration of the project, Tape Ark will invoice the Client at the end of every following calendar month, for the work that has been completed in that month.  At its discretion, Tape Ark may elect to delay invoicing the Client at the end of any month, until the completion of the project.


5. PAYMENT
5.1 The Client must pay any deposit agreed to in the Quotation or Statement of Work to Tape Ark on delivery of the Storage Medium to Tape Ark’s premises.
5.2 Subject to clauses 3.2 and 5.3, the Client must pay the Price less the Deposit (if applicable) to Tape Ark in full within 14 days of when the Client collects the Storage Medium from Tape Ark or takes delivery of it or within 14 Business Days of the date of Tape Ark’s invoice, whichever occurs first.
5.3 If Tape Ark terminates the Contract under clause 10, the Client must pay Tape Ark the Relevant Proportion of the Price when the Client collects the Storage Medium from Tape Ark or takes delivery of it or within 5 Business Days of the date of Tape Ark’s invoice, whichever occurs first.
5.4 If any money owed by the Client to Tape Ark is overdue by more than 7 days from date of invoice, Tape Ark may retain the Storage Medium or withhold delivery or performance until arrangements as to payment or credit have been established which are satisfactory to Tape Ark.


6. CREDIT CARD PAYMENTS
Please be advised that all payments with a Mastercard or Visa card will attract a 2% processing fee. This fee is non-negotiable and will be charged at time of processing your payment.


7. DELIVERY OF STORAGE MEDIUM
7.1 The Client is responsible for delivering the Storage Medium to Tape Ark’s premise unless otherwise agreed in the quotation or Statement of Work.
7.2 The Client must pay all charges in connection with delivery, collection, transportation, special packaging and insurance of the Storage Medium and Data (including whilst in transit).
8. COLLECTION OF STORAGE MEDIUM
8.1 The Client must collect or arrange collection of the Storage Medium and Data from Tape Ark’s premises within 5 Business Days of being informed that they are ready for collection. If the Client fails to do so, Tape Ark may charge, and if so the Client must pay, an additional reasonable sum for continued storage, including storage and insurance costs.


9. RISK OF LOSS OR DAMAGE
9.1 The risk of loss or damage to the Storage Medium and Data, including whilst in Tape Ark’s possession, remains with the Client at all times.


10. WARRANTIES AND LIABILITIES
10.1 To the maximum extent permitted by law, all terms and warranties implied by any law or otherwise in relation to the Services or the Contract are expressly excluded.
10.2 Tape Ark is not liable in any way for any loss or damage, including direct, indirect or consequential loss or damage or loss of profit, arising out of or in connection with the Services or the Client’s use of the Storage Medium or the Data, including any liability or loss suffered by third parties. The Client must indemnify Tape Ark against any and all actions, claims, proceedings, costs, losses, expenses and damages incurred or awarded in respect of or arising directly or indirectly out of the Services or the Client’s use of the Storage Medium or the Data.
10.3 To the extent that any law implies any term or warranty which cannot be excluded, Tape Ark’s liability for breach of that term or warranty is limited, at Tape Ark’s option to:
(a) in the case of goods, the replacement of the goods or the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(b) in the case of services, the provision of the services gain or payment of the cost of providing the services again.9.4 The Client must indemnify Tape Ark against any and all loss, damage, costs (including legal costs on a full indemnity basis) and expenses incurred by Tape Ark arising out of a breach by the Client of any of its obligations under the Contract.


11. DEFAULT AND TERMINATION
11.1 If in Tape Ark’s opinion:
(a) the Data cannot be restored or can only be restored in part; or
(b) the Storage Medium cannot be repaired; or
(c) it is otherwise not practicable or expedient to complete the Services, Tape Ark may terminate that portion of the Contract or the entire Contract, as applicable, before the Services are completed on giving notice of termination to the Client.
11.2 Tape Ark may terminate the Contract immediately on giving notice of termination to the Client if a statement made by the Client in the Quotation is or becomes untrue, or if the Client:
(a) fails to make any payment when due under the Contract and fails to remedy that breach within 3 Business Days after receiving notice from Tape Ark requiring it to do so;
(b) fails to remedy any other breach of its obligations under the Contract within 7 Business Days after receiving notice from Tape Ark requiring it to do so; or
(c) threatens or resolves to become or is in jeopardy of becoming bankrupt or subject to any form of insolvent administration.
11.3 If Tape Ark terminates the Contract following the Client’s default, Tape Ark may take whatever steps may be available to Tape Ark in respect of any 
loss or damage suffered by reason of the Client’s default, including selling the Storage Medium and retaining the proceeds.
11.4 Without limiting Tape Ark’s other rights and remedies under the Contract, if the Client defaults in its obligation to pay any part of the Price, then the unpaid 
balance of the Price becomes a debt immediately due and payable to Tape Ark.
11.5 Any legal costs or other expenses incurred by Tape Ark in consequence of this Contract and any other expenses incurred in respect of collection costs,
dishonoured cheque(s) fees, legal costs, whether charged on scale or on any other basis incurred, shall be paid by the Client on demand.


12. GENERAL
12.1 Waiver: A waiver is not effective unless it is in writing.
12.2 Subcontractors: Tape Ark may use subcontractors to perform some or all of the Services.
12.3 Governing Law: The Contract is governed by, and is to be interpreted in accordance with the laws in force in Western Australia and the parties submit exclusively to the jurisdiction of the courts in that State.
12.4 Severance: If a court decides that a provision of the Contract is void then that provision will be severed without affecting the remainder of the Contract.
12.5 Variations: An amendment or variation to the Contract is not effective unless it is in writing and signed by the parties.
12.6 Notices: Notices under the Contract must be in writing and in English addressed to the addressee at the address of that party stated in the Quotation or as subsequently notified by that party. Notices may be delivered by hand, by mail, by email or by facsimile transmission.
12.7 No Set-off: The Client may not withhold any payment due under the Contract (including payment of the Price) or set-off all or any part of a payment against any amount claimed by the Client from Tape Ark, for any reason.


13. GST
13.1 In this clause 12 the expressions "GST" and "supply" have the meanings given to those expressions in the A New Tax System (Goods and Services Tax) Act 1999.
13.2 Unless otherwise stated, the Price and any other amount payable for any supply under the Contract are specified exclusive of GST.
13.3 If GST is imposed on any supply made under the Contract, the Client must pay to Tape Ark an amount equal to the GST payable on that supply in addition to and at the same time as payment for that supply is required to be made under the Contract.
V1 25/07/2021