These General Terms set out the terms and conditions on which Datacom provides Products and Services to you.
“Datacom, we, us” means Datacom Systems (AU) Pty Limited or any of its Related Bodies Corporate.
“Business Day” means Monday to Friday inclusive, excluding national public holidays and applicable provincial anniversary days.
“Force Majeure Event” means, in relation to a party: (a) an act of God; (b) an act of public enemy or declared or undeclared war or threat of war; (c) a terrorist act, sabotage, blockade, revolution, riot, insurrection, civil commotion, strike (other than a strike of that party’s workers) or public demonstration (other than one caused by that party); (d) earthquake, fire, explosion, flood, storm or other adverse event; (e) unpredictable and unpreventable delays in delivery of materials, equipment or services necessary for the compliance by that party with any obligations under this Agreement; (f) governmental action, restraint, direction or embargo; (g) epidemic or pandemic disease , quarantine, movement restrictions or other government or state intervention; (h) any fault, failure or interruption in any utility or the network supplying telecommunications services to the Customer or Datacom; (i) any cyber operation or event where reasonable grounds exist to attribute the operation or event to a state, state actors or individuals sponsored or tacitly encouraged by any state, against either Datacom or the Customer (this includes a disruption, denial, unauthorised access, theft, vandalism or other damage, locking up or encryption, of any data or systems); or (j) any other event or circumstance beyond the reasonable control of that party; but does not include a failure to pay Charges.
“Loss” means a loss, claim, action, damage, liability, cost, charge, expense, penalty, compensation, fine or outgoing suffered, paid or incurred.
“Products” means all hardware, related equipment, Software and all other goods or property which are supplied by us to you (or any of your Related Bodies Corporate).
“Related Bodies Corporate” has the meaning given in the Corporations Act 2001 (Cth), read as if the expression includes any body corporate and any company incorporated under the law of any jurisdiction.
“Services” means all services which are supplied by us to you (or any of your Related Bodies Corporate) and includes services described in any SOW or written agreement with you and any Products provided as part of a Service.
“Software” means all system software, application software, software tools and software utilities which are supplied by us to you (or any of your Related Bodies Corporate) and includes any software provided as part of a Product or Service.
“SOW” means a statement of work, service schedule or addendum, quote or order form.
In these General Terms, unless the context requires otherwise, a reference to a clause number is to a clause of these General Terms.