Triniteq Terms of Use
Schedule 2
These Terms of Use are intended to explain Triniteq's obligations as a service provider and the Customer's obligations as a User.
Terms of Use - Schedule 2
These Terms of Use are current and effective as from August 27, 2020.
Welcome to Triniteq. These Terms of Use (“Terms”) are specifically for Triniteq customers (“Customer”). These Terms are intended to explain Triniteq International Pty. Ltd. (“Triniteq”)’s obligations as a service provider and the Customer’s obligations as a User. Please read them carefully
These Terms of Use are made up of 3 schedules:
Schedule 1 – Triniteq Support & Sales Agreement Terms of Use – General
Schedule 2 – Triniteq Support and Sales Agreement Terms of Use – Charges, Fees, Payments, Quotes, Purchase Orders & Proposals
Schedule 3 – Triniteq Software Licensing Agreement
These Terms are binding on any use of the Triniteq or Triniteq’s Partner Services, and/or Products and apply to the Customer/User from the time that Triniteq provides the Customer/User with access to the Triniteq or Triniteq’s Partner Service(s) and/or Product(s).
Schedule 2 – Triniteq Support and Sales Agreement Terms of Use – Charges, Fees, Payments, Quotes, Purchase Orders, & Proposals.
Triniteq Labour Rates/Additional Fees
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POS & POS Related Services Rates/Fees |
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Labour Rates/ Additional Fees |
Pay As You Go |
Telephone Support |
Premium Support |
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Business Hours |
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Phone/Remote Support |
$5.50/min |
included |
included |
|
Onsite Support/Maintenance |
$280.00/hr |
$165.00/hr |
included |
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Travel |
- |
- |
$165.00/hr |
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After Hours |
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Phone/Remote Support (Weekdays & Weekends) |
$8.25/min |
included |
included |
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Phone/Remote Support (Public Holidays) |
$11.00/min |
included |
included |
|
Onsite Support/Maintenance (Weekdays & Weekends) *Including Travel |
$420.00/hr |
$247.50/hr |
$165.00/hr |
|
Onsite Support/Maintenance (Public Holidays) *Including Travel |
$560.00/hr |
$330.00/hr |
|
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Web Services Rates/Fees |
|
|
Business Hours |
|
|
Development |
$165.00/hr |
|
Scoping |
$165.00/hr |
1. Labour Rates & Additional Fees
The above Rates/Fees are inclusive of Australian Goods-and-Services Tax (GST) applicable at the time of updating the Terms of Use and are subject to change.
Note:
a. Emergency remote POS support is available after business hours for POS Customers/issues ONLY and is NOT available for Triniteq Platform Customers/issues.
b. Emergency remote support is available after business hours (however if emergency remote support is required as a result of misuse of the Customer’s Triniteq or Triniteq’s Partner Software, third-party software/hardware failure or user-error, additional charges may apply). Emergency remote POS support hours (after 5:00pm on Weekdays, and any time on Weekends, and/or Australia Wide Public Holidays) is reserved exclusively for issues that directly inhibit Customer’s trade and not non-urgent support requests such as:
a. questions relating to POS, or Back-office software use,
b. minor issues that do not affect the Customers ability to trade,
c. support requests relating to the use of back-office software, including: sales and other reports, stocktakes and inventory management, time and attendance, human resource management, membership.
d. all other support requests that do not affect the Customers ability to trade.
Triniteq Web (Platform) support is only available during Western Australian Business/Trading hours: Between Monday and Friday, 8:30am to 5:00pm excluding any and all Australian Public Holidays (including all location/state/region particular/specific Public holidays).
“Business hours” refers to Triniteq trading hours between Monday to Friday 8:30am to 5:00pm excluding Weekends and Australia Wide Public Holidays. “After hours” refers to hours outside Business hours including Weekends and Australia Wide Public Holidays. Online/Remote services provided on Australia Wide Public Holidays attract additional charges. Onsite services provided on all Public Holidays (pertaining to the particular/specific Australian state in which the Customer’s business being visited by Triniteq Approved Service Provider(s) is situated) attract additional charges. Travel charges apply to any travel outside Metropolitan, Sydney, Perth, and Brisbane areas.
Triniteq web and Platform scoping, training and consulting fees are chargeable to the Customer for any such services rendered outside of a single 'initial investigation' session meeting of 15 - 30-minutes conducted by email, in person or over the telephone.
2. Non-refundable deposit
Any and all deposits made by the Customer to Triniteq for Services, Software, Products, Goods and/or Hardware are non-refundable to the full extent of the Australian consumer law and/or the Australian Competition and Consumer Commission (ACCC), and unless contrary to, the governing law.
3. Validity of Triniteq Quotes/Proposals
a. Triniteq quotes/proposals are valid for a period of one calendar month from the date shown on the document. After this date, pricing may be adjusted, and therefore may be required to be re-submitted, in writing, to ensure the rights of both Triniteq and the Customer are met.
b. This proposal is subject to E&OE which allows the content and/or validity of information to change without notice.
4. Placement of Order: Services, Software, Products, Goods and/or Hardware
4.1 With regard to Triniteq and Triniteq Partner’s POS software and services only: It will be the Customer’s responsibility to complete, validate, and return via email an EML to Triniteq in order to confirm and secure training and installation dates and times. Triniteq will be under no obligation to confirm any installation or training date until such time as the Customer has provided Triniteq with a completed and validated EML.
a. The Customer shall order goods and/or services from Triniteq in writing via:
i. The completion of a valid Triniteq Purchase Order , or
ii. The completion of an approval for purchase on the Customers corporate stationary.
b. The authorisation for purchase will specify:
i. Site and Billing Details for the Customer;
ii. The Customer’s Australian Business Number (ABN)
iii. Primary contact information for the Customer;
iv. The goods and/or services that are to be purchased;
v. A preferred delivery date for the goods and/or services;
vi. Total Investment, Any Negotiated Discount, Total GST Amount, Total Investment (Inc. GST), Deposit and Net Balance Amounts; and
vii. Any Freight details (Triniteq or Customer Nominated) regarding Services, Software, Products, Goods and/or Hardware Delivery
5. Acceptance of Purchase
Triniteq may decline any order from the Customer by written notice.
6. Software as a Service (“SaaS”)
6.1 The Customer is required to pay the SaaS/Subscription Fees for the on-going use of the Software that has been rented/Subscribed to, and/or has not been purchased outright.
6.2 The monthly SaaS/Subscription Fee is stipulated and is due and payable as per the Customer’s quotation or the Triniteq Website. Triniteq may adjust the SaaS/Subscription fee from time to time, upon one (1) month’s written notice to the Customer.
6.3 The SaaS will continue for the term stipulated on the Purchase Order. Upon expiration of the term, SaaS will continue on a monthly basis unless the SaaS is terminated by way of the Customer providing Triniteq with written notification. Following receipt of written notice of termination of the SaaS/Subscription from the Customer, the SaaS (which includes the Software license) shall terminate immediately. If no term is specified on the Purchase Order then the term will continue on a monthly basis until terminated.
6.4 If the Customer wishes to terminate the SaaS/Subscription during the term, the Customer must pay to Triniteq the remaining SaaS/Subscription Fees which would otherwise have been payable to Triniteq for the balance of the term.
6.5 Where the Customer defaults in payment of the SaaS/Subscription Fees (or any part thereof) or any other payment due to Triniteq at all, Triniteq may suspend the Software, or other licences granted under these Terms and deactivate the Software until Fees are received by Triniteq in full.
6.6 In order to, inter alia, protect the integrity of the Triniteq or Triniteq’s Partner Software it is a condition of the licence that all Customer’s pay the SaaS/Subscription Fees in order to maintain a Customer Support Plan/Agreement in accordance with the Terms.
6.7 If the Customer cancels SaaS/Subscription at any time, the Customer forfeits their access to Data and any other transaction history.
7. Customer Options for Product/Software Purchase and Use
The customer may select to purchase applicable Triniteq products/software outright or subscribe to Triniteq’s SaaS/Subscription option detailed in clause 5 where applicable.
8. Software/Product Activation & Verification
8.1. Triniteq or Triniteq’s Partner Software contains technology to protect it from illegal copying, and as a result the User may be required to:
a. have the Software reactivated periodically during the Term of the Software licence by verifying (either via phone or internet connection) the Customer’s licence details or any other details relating to the Software as may be required by Triniteq in order to confirm the Customer is using the Software in accordance with the licence terms;
b. have the Triniteq or Triniteq’s Partner Software reactivated by Triniteq if the customer wishes to re-install the Software (for example, if the Customer would like to install the Software on a new computer). At Triniteq’s sole discretion, a reactivation charge of one hundred and sixty-five ($165.00 Including GST) shall apply for each Triniteq or Triniteq’s Partner Software licence in respect of Triniteq’s entire Software suite, including all WaiterPOS POS terminal Software, Platform Software, Predicttile Software, Triniteq POS System Manager, Back Office Software and/or other WaiterPOS Software modules listed in Schedule 3 of these Terms of Use - Triniteq or Triniteq’s Partner Software Licensing Agreement - Triniteq POS software (but does not include: POWEREPOS Software & Insights Software):
i. the Triniteq or Triniteq’s Partner Software is being re-installed/migrated on a computer/server/device other than the computer/server/device on which it was previously installed;
ii. Triniteq or Triniteq’s Partner Software has been deleted accidentally, or otherwise by the Customer, either in part or in full;
iii. the licence has been suspended due to outstanding monies owed to Triniteq.
c. Notwithstanding the above, no reactivation charges will apply if:
i. reactivation is required by Triniteq to verify proper use of the Triniteq or Triniteq’s Partner Software under these Licence to Use; and
ii. the Customer has up-to-date paid in full customer support with no overdue monies owing to Triniteq.
9. Cancellation of Order/s
If the Customer requests Triniteq to cancel an order for goods and/or or services or postpone delivery of the ordered Triniteq or Triniteq’s Partner Services, Software, Products, Goods and/or Hardware, Triniteq may agree to the requested cancellation or postponement if the Customers pays to Triniteq a cancellation/postponement fee for all direct or indirect loss or expenses that Triniteq would suffer as a result of the cancellation or postponement including without limitation:
a. the total costs and expenses incurred by Triniteq in processing the order up to the date that Triniteq receives the Customer’s request for cancellation or postponement of the order for goods;
b. monies paid or payable by Triniteq to third parties for goods and/or services ordered and/or received from third parties on behalf of the Customer for the purpose of filling the order;
c. any penalties or cancellation or other fees payable to third parties for cancellation and/or postponement of delivery of the goods and/or services ordered on behalf of the Customer;
d. any claims for losses or expenses made by third parties from Triniteq for cancelled orders or postponement of goods and/or services ordered on behalf of the Customer;
e. pre-production and production costs incurred by Triniteq up to the date it receives the request for cancellation of the goods and/or services ordered or postponement of the delivery of the goods and/or services.
f. Triniteq shall be entitled to cancel or suspend an order for goods and/or services, without any liability to the Customer, by giving the Customer notice in writing.
g. Triniteq shall not be liable in any way for any loss or damage (including loss of trade or profit and economic loss) incurred to the Customer in the event that delivery or supply of the Triniteq or Triniteq’s Partner Services, Software, Products, Goods and/or Hardware is disturbed or delayed by strikes, riots, disasters, trade disputes, acts of God, acts or restraint of Governments, the imposition of export restrictions, default of Triniteq and sub-contractors’ unavailability or shortage of supply of components used in the manufacture of the goods or any other circumstances beyond the reasonable control or Triniteq.
10. Default & Consequences of Default
10.1 Interest on overdue invoices shall accrue from the date when payment becomes due, until the date of payment, at a rate of two and one-half percent (2.5%) per calendar month and at Triniteq’s sole discretion such interest shall compound monthly at such a rate.
10.2 In the event that the Customer’s payment is dishonoured for any reason the Customer shall be liable for any dishonour or bank administration fees or charges incurred by Triniteq.
10.3 If the Customer defaults in payment of any Monies/Fees when due, the Customer shall indemnify Triniteq from and against all costs and disbursements incurred by Triniteq in pursuing the debt including legal costs on a solicitor and own client basis and Triniteq’s collection agency costs.
10.4 Notwithstanding any other clause in the Triniteq Terms of Use, and Agreement(s) constituted by the Customer’s acceptance of these Terms of Use, Triniteq reserves the right (at its sole discretion) to deactivate the Customer’s Triniteq or Triniteq’s Partner Software and refuse to supply Services, Software, Products, Goods and/or Hardware (including support under the Customer’s Triniteq SaaS/Subscription/Support Plan/Agreement) to the Customer if any account remains overdue after fourteen (14) days from the date of its issue.
10.5 Without prejudice to any other remedies Triniteq may have, if at any time the Customer is in breach of any obligation (including those relating to Price/Fees), Triniteq may suspend or terminate the supply of Triniteq or Triniteq’s Partners Services, Software, Products, Goods and/or Hardware to the Customer and any of its other obligations under these Terms of Use. Triniteq will not be liable to the Customer for any loss or damage the Customer suffers because Triniteq has exercised its rights under this clause.
10.6 If any account remains overdue after thirty (30) days from the issue of the end-of-month-statement, an amount of twenty-five dollars ($25.00) shall be levied for administration fees, which sum shall become immediately due and payable. For every consecutive 30 day period that the account remains unpaid, an additional twenty-five dollars ($25.00) will be levied and become immediately due and payable.
10.7 If any account remains overdue after sixty (60) days from the issue of the end-of-month-statement, then all Triniteq services and software will be blocked and no longer accessible by the Customer, plus interest and administration fees will continue to be applied to the account.
10.8 Without prejudice to Triniteq’s other remedies at law, Triniteq will be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Triniteq will, whether or not due for payment, become immediately payable in the event that:
a. any money payable to Triniteq becomes overdue, or in Triniteq’s opinion the Customer will be unable to meet its payments as they fall due; or
b. the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
c. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
11. Triniteq’s Unpaid Sellers Rights
11.1 Where the Customer has left any Triniteq or Triniteq’s Partner Software, Products, Goods and/or Hardware with Triniteq for repair, modification, exchange or for Triniteq to perform any other Services in relation to the Triniteq or Triniteq’s Partner Services, Software, Products, Goods and/or Hardware and Triniteq has not received or been tendered the whole of the Price/Fees for the Service, or the payment has been dishonoured, Triniteq shall have:
a. a lien on the item;
b. the right to retain the item(s) for the Price while Triniteq is in possession of the item(s);
c. a right to sell the item.
11.2 The lien of Triniteq shall continue despite the commencement of proceedings, or judgment for the Price having been obtained.
12. Missing Goods
The Customer must notify Triniteq within five (5) working days post the delivery of the goods to the Customer, of any missing items or goods which were ordered but were not in the package(s) at the time of opening the package. If a claim of missing goods is raised after five (5) working days post-delivery, such goods will be considered the responsibility of the Customer.
13. Payment of Fees
The Customer will pay for all Fees associated with the Triniteq or Triniteq’s Partner Services, Software, Products, Goods and/or Hardware before or upon acceptance of the proposal/quote (40% Inc. GST), before or upon the delivery of Triniteq or Triniteq’s Partner Services, Software, Products, Goods, Hardware and/or the project ‘go-live' (40% Inc. GST), and before or upon project completion, or when quoted labour hours are exhausted (20% Inc. GST) respectively. The actual ‘go-live’ and project completion dates will depend on Triniteq’s installation and development schedule, which will need to be discussed and agreed upon between all parties (Triniteq and The Customer).
13.1 Triniteq requires a confirmation deposit of 40% of the total Fees of the total investment amount (GST inclusive), along with the completed, and signed Triniteq purchase order. A further 40% of the total Fees (GST inclusive) must be paid on or before the actual 'go-live and/or installation date and the remaining 20% of the total Fees (GST inclusive) is required before or upon project completion.
13.2 In the case of financing, a confirmation deposit of 10% deposit of the total Fees (GST Inclusive) is required. This deposit amount will be held in trust and refunded once the finance payment has been received and cleared. Installation of the Services, Software, Products, Goods and/or Hardware will not occur until a letter of approval has been provided by the Financier.
13.3 In the case of SaaS/Subscription Software and the purchase of Triniteq or Triniteq Partner Products and Services via Triniteq’s Website (Online Sales), full upfront payment (100%) of the total Fees (GST Inclusive) of the Products and Services ordered by the Customer is required from the Customer by Triniteq.
13.4 Following the installation of Services, Software, Products, Goods and/or Hardware, unless the Customer has been granted credit facilities by Triniteq, payment terms shall be strictly Cash-On-Delivery (“COD”). For COD Customers, Triniteq shall issue the Customer with an invoice upon delivery of the Services, Software, Products, Goods and/or Hardware for the total Fees (GST inclusive).
13.5 Where credit facilities have been granted by Triniteq to the Customer, Triniteq shall invoice the Customer for the total Fees of the Services, Software, Products, Goods and/or Hardware delivered and the Customer shall pay each invoice issued within the trading terms agreed in writing.
13.6 If payment of the Fees is made by cheque, the cheque shall be collateral only and shall not discharge the Customer’s obligation to pay under the Terms of Use of this Agreement until the cheque has been cleared by the drawer’s bank. If the Customer’s cheque is dishonoured or if money owing pursuant to this Agreement remains unpaid after the due date, Triniteq may refuse to provide further work or materials until full payment of the Fees is received.
13.7 Triniteq reserves the right to amend the Customer’s credit and payment terms without notice and for any reason whatsoever.
13.8 Ownership of goods including Triniteq or Triniteq’s Partner Services, Software, Products, Goods and/or Hardware does not transfer until complete payment has been made. Triniteq or Triniteq’s Partner Software licences will expire 14 days after the requested date for final payment if payment of Fees has not been made by the Customer. The Customer acknowledges that this may render Triniteq or Triniteq’s Partners Services, Software, Products, Goods and/or Hardware inoperable.
13.9 Triniteq at its discretion, reserves the right to refer any overdue accounts to a government body, court, mercantile agency or a solicitor for collection and recovery action and the Customer agrees to be responsible to meet all reasonable costs and commissions incurred in employing/referring to a government body, court, mercantile agent or solicitor to collect the overdue amount.
14. Additional Charges
a. Additional charges as per clause 1 may apply if Triniteq representatives and/or Triniteq Approved Triniteq Service Provider are forced to wait for the Customer, other parties, or wait for services provided by other parties at scheduled meetings (in person or online), installation, and/or incurs unforeseen expenses in the course of providing a Service as a part of this Agreement/these Terms of Use.
b. Additional charges as per clause 1 will apply if the scope of work changes from the Customer accepted Triniteq sales and/or support Agreement or Quote, and if additional works and/or labour are/is required by Triniteq.
15. Ownership of Goods (including Software licenses)
15.1 Ownership of the Triniteq or Triniteq’s Partner Hosted Services, Software, Products and/or Goods (Listed in Schedule 3 – Triniteq or Triniteq’s Partner Software Licensing Agreement), only passes to the Customer when the Triniteq or Triniteq’s Partner Hosted Services, Software, Products and/or Goods is purchased outright, and only when Triniteq has been paid in full by the Customer in cash, bank cheque or cleared bank funds. Until such payment is made by the Customer to Triniteq for the Services, Software, Products, Goods and/or Hardware, the relationship between the parties is a fiduciary relationship and the Customer holds the Services, Software, Products, Goods and/or Hardware as a bailee.
15.2 If payment for the Triniteq or Triniteq’s Partner Hosted Services, Software, Products and/or Goods (Listed in Schedule 3 – Triniteq or Triniteq’s Partner Software Licensing Agreement)is not received by Triniteq or the Customer becomes insolvent, the customer licences Triniteq or its agent(s) to enter any premises owned, occupied, leased or controlled by the Customer or any associated company or agent to repossess the goods, which Triniteq shall apply towards satisfying the outstanding indebtedness of the Customer to Triniteq:
15.3 Ownership of the Triniteq or Triniteq’s Partner Cloud Services, Software, Products and/or Goods (Listed in Schedule 3 – Triniteq or Triniteq’s Partner Software Licensing Agreement) not ever (never) shall pass to the Customer and ownership of Triniteq or Triniteq’s Partner Hosted Services, Software, Products and/or Goods (Listed in Schedule 3 – Triniteq or Triniteq’s Partner Software Licensing Agreement)shall always be retained by Triniteq or Triniteq’s Partners Triniteq. The Customer(s) may only ever Subscribe to rent Triniteq or Triniteq’s Partner Cloud Services, Software, Products and/or Goods (Listed in Schedule 3 – Triniteq or Triniteq’s Partner Software Licensing Agreement).
16. Passing of Risk
16.1 Any and all risk of loss or damage of the Triniteq or Triniteq’s Partner Services, Software, Products, Goods and/or Hardware shall pass to the Customer upon delivery of the goods to the Customer.
16.2 Where the Customer expressly requests Triniteq to leave Software, Products, Goods and/or Hardware outside Triniteq’s premises for collection or to deliver the Software, Products, Goods and/or Hardware to an unattended location then such Software, Products, Goods and/or Hardware shall be left at the Customer’s sole risk and it shall be the Customer’s responsibility to ensure the Software, Products, Goods and/or Hardware are insured adequately or at all.
16.3 For any period in which Triniteq retains ownership of the Software, Products, Goods and/or Hardware the Customer will maintain at its cost, all appropriate insurances against all loss and damage to the Software, Products, Goods and/or Hardware. If any of the Software, Products, Goods and/or Hardware are damaged or destroyed following delivery but prior to ownership passing to the Customer, without prejudice to Triniteq’s right to payment of the Price, Triniteq is entitled to receive all insurance proceeds payable to the Customer for the Software, Products, Goods and/or Hardware. The production of these Terms by Triniteq is sufficient evidence of Triniteq’s rights to receive the insurance proceeds without the need for any person dealing with Triniteq to make further enquiries.
16.4 Unless specifically included in the Customers Triniteq Support Plan/Agreement, Triniteq is not responsible for regular backup of database systems and the Products do not automatically provide for systems backup. Systems backups with off-site information storage may be scheduled at intervals for a Fee by separate written agreement with Triniteq, although Triniteq expressly disclaims any responsibility for backup services provided by third-parties or faults in data back-ups attributable to third-party software.
17. Returned Goods
17.1 Triniteq or Triniteq’s Partner Services, Software, Products, Goods and/or Hardware may not be returned for credit to Triniteq without the written prior consent of Triniteq. Triniteq may grant its consent for the return of the goods for credit requested by the Customer subject to conditions, including the payment by the Customer to Triniteq of a restocking fee. In calculating the amount of the re-stocking fee, Triniteq shall consider the following:
17.1.1 When the original Triniteq or Triniteq’s Partner Services, Software, Products, Goods and/or Hardware had been invoiced to the Customer;
17.1.2 The condition of the returned Triniteq or Triniteq’s Partner Services, Software, Products, Goods and/or Hardware;
17.1.3 The current ‘fair market value’ of the Triniteq or Triniteq’s Partner Services, Software, Products, Goods and/or Hardware;
17.1.4 Whether the Triniteq or Triniteq’s Partner Services, Software, Products, Goods and/or Hardware are (or still are) part of Triniteq current product range, and;
17.1.5 Whether the Triniteq or Triniteq’s Partner Services, Software, Products, Goods and/or Hardware have been specifically procured or manufactured for the Customer.
17.2 In the case of financing the Customer must contact the financial institution with which payment of Triniteq or Triniteq’s Partner Services, Software, Products, Goods and/or Hardware has been arranged before returning or crediting of Triniteq or Triniteq’s Partner products. Under no circumstances can Triniteq receive returned or credit goods which are under a finance agreement.
17.3 The applicable restocking fee may apply per item and Triniteq’s shipping charge will be deducted from the Customer’s refundable amount.
17.4 Any Product/Goods delivered to the Customer that is incorrect, wrong, faulty or is in a damaged condition, may be returned for repair or replacement. The Customer must contact Triniteq via phone (1300 784 666) or email shop@triniteq.com within fourteen (14) business days regarding Product/Goods delivered to the Customer that is incorrect, wrong, faulty or is in a damaged condition. Once notification is received by Triniteq, Triniteq will send the Customer a Return Merchandise Authorisation (RMA) number and return instructions.
17.5 Under Triniteq’s Supplier instructions, Triniteq will repair or replace the return of faulty products. However, replacement or repair (handled by Supplier) may result in delays due to Supplier lead time, policy and/or stock availability. Triniteq shall not be liable whatsoever for delays due to Supplier lead time, policy and/or stock availability.
17.6 If a faulty Product/Goods is/are returned to Triniteq, but no fault is found after testing by the Supplier or Triniteq, the Customer will be responsible for any or all charges associated with the returned Product/Goods. Any physical damage incurred due to misuse of the product will void any warranties and is the Customer's responsibility as per these Terms of Use.
17.7 The Customer will be responsible for paying all shipping/freight costs for returning Products/Goods. Shipping/freight costs are non-refundable. If the Customer receives a refund, the cost of return shipping will be deducted from the Customer’s refund by Triniteq.
17.8 Depending on the delivery location, the time it may take for the exchanged product to reach the Customer may vary.
17.9 If shipping/freighting Products/Goods over $75, the Customer is recommended by Triniteq to use a trackable shipping service and/or purchasing shipping insurance at the Customer’s own expense. Triniteq do not guarantee that Triniteq will receive the Customer’s returned Products/Goods.
18. Travel & Accommodation
18.1 The Customer will be on-charged all freight, travel, accommodation, and reasonable meal expenses associated with the installation and delivery of the Triniteq or Triniteq’s Partner Services, Software, Products, Goods and/or Hardware. Such charges shall be in addition to the Price/Fees, unless otherwise stated, and invoiced to the Customer subsequent to the installation of the Products on provision of appropriate receipts and/or Triniteq invoice. The Customer may elect to arrange appropriate accommodation for implementation and/or training personally if arranged with Triniteq in advance.
18.2 Travel time is not included in any Quotation unless otherwise stated. Travel time will be charged at a rate of one hundred and sixty-five dollars ($165) Including GST per hour, or part-thereof in addition to any travel costs, such as flights.
18.3 Parking will be on-charged to the Customer, by Triniteq at cost.
19. Delivery of Triniteq or Triniteq’s Partner Software, Products, Goods, and/or Hardware
19.1 Unless otherwise expressly agreed by Triniteq, delivery of the Triniteq or Triniteq’s Partner Software, Products, Goods and/or Hardware shall be deemed to take place when:
19.2 the Customer takes possession of the Triniteq or Triniteq’s Partner Services, Software, Products, Goods and/or Hardware at Triniteq’s collection address (including where the nominated carrier of the Customer takes possession of the Triniteq or Triniteq’s Partner Software, Products, Goods and/or Hardware at Triniteq’s collection address); or
19.3 the Triniteq or Triniteq’s Partner Software, Products, Goods and/or Hardware are delivered to the Customer’s nominated address (where the Triniteq or Triniteq’s Partner Software, Products, Goods and/or Hardware are delivered by Triniteq or Triniteq’s nominated carrier).
19.4 Triniteq will be under no obligation to carry out installation of the Triniteq or Triniteq’s Partner Software, Products, Goods and/or Hardware unless cleared funds are received in satisfaction of the Price/Fees at least five (5) days prior to the scheduled installation date. If, however, Triniteq (in its discretion) does install the Triniteq or Triniteq’s Partner Software, Products, Goods and/or Hardware prior to Triniteq receiving the Price/Fees, Triniteq may deactivate the Software without notice if the Price/Fees is/are not received within two (2) days after installation occurs (or within any other timeframe notified by Triniteq at the time of installation).
19.5 Where the Triniteq or Triniteq’s Partner Software, Products, Goods and/or Hardware are delivered to the Customer, the Customer will be responsible for all arrangements necessary to take delivery. In the event that the Customer is unable to take delivery of the Triniteq or Triniteq’s Partner Software, Products, Goods and/or Hardware as arranged, then Triniteq will be entitled to charge a reasonable fee for redelivery and the cost incurred as a result of the failed delivery.
19.6 Delivery of the Triniteq or Triniteq’s Partner Products to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of these Terms of Use.
19.7 The failure of Triniteq to deliver will not entitle either party to treat these Terms of Use as repudiated.
19.8 Triniteq will not be liable for any loss or damage whatsoever due to failure by Triniteq to deliver the Triniteq or Triniteq’s Partner Software, Products, Goods and/or Hardware (or any of them) promptly or at all, where the failure is due to circumstances beyond the control of Triniteq.
20. Freight Policy
20.1 Triniteq reserves the right to select the most cost-effective transportation mode and carrier for shipping the products, and to charge the customer for freight in addition to the price of the product.
20.2 Triniteq will charge the Customer for any and all (reasonable) costs associated with the Freight of goods, including (but not limited to) any and all freight supplier charges, import/export taxes/tariffs/duty, other associated taxes, administration fees, associated costs, expedited delivery, insurance (where applicable), etc.
20.3 The freight charges indicated on the Customer’s Triniteq order invoice will be subject to change if the customer changes the destination, grade, basis weight, quantity, ship mode or delivery/ship date.
20.4 Freight charges will apply to orders that ship from a single shipping point (site, office, location, etc.) to a single destination within Australia or internationally.
20.5 Order Expediting will be subject to equipment and Product/Goods availability, and the Customer will be responsible for any additional freight expense.
20.6 Any advance information as to the shipping or delivery date provided (where applicable) will be an approximation, based on Triniteq’s judgment at the time and are subject to change.
20.7 Orders to the Customer from Triniteq may be comprised of multiple items, but must ship from a single location to a single destination.
20.8 Orders, and/or repairs from Triniteq sent to the Customer may be shipped from an Approved Triniteq Service Provider, Triniteq Partner, Triniteq supplier, and/or authorised Triniteq repairer/workshop. In these instances, any freight costs may be dictated by the applicable aforementioned affiliate(s).
20.9 Triniteq will use commercially reasonable efforts to ship products so that they are delivered to the customer’s locations within the Customers requested period of delivery dates, or in the event of a delay, as soon as practicable thereafter.
20.10 Triniteq will not be responsible for any detention and demurrage charges arising from or relating to the shipment or delivery of the Products/Goods.
20.11 Additional orders must be placed with sufficient lead time, as determined by Triniteq, to accommodate the requested delivery date utilizing the requested ship mode.
20.12 Triniteq may make future changes to this Freight Policy or Freight Charges at any time without notice.
21. Return and Refund Policy and conditions
21.1 All Products/Goods must be returned to Triniteq with the original packaging - both internal and external packaging must be complete and in the original state.
• The External package (box) should be in perfect condition - this means it must not be damaged, scratched, soiled, or torn for the purposes of resale.
• The Customer must include all cables, manuals, disks, etc.
• The Customer must (outer) wrap the original carton to avoid further damage by couriers/freight carriers.
21.2 Triniteq does not accept responsibility or lability of any kind for any damage or loss incurred during transit/freight of returned products. Any damage incurred is at the risk of the Customer exclusively.
21.3 In the case of Products/Goods returned to Triniteq by the Customer in a damaged/used condition, a higher deduction to the Customer Account may apply, or a refund may not be provided for the Products/Goods. Assessment of the condition of goods will be assessed at the premises of Triniteq or the Triniteq Supplier. Triniteq does not take responsibility for any damage to the goods during transit/freight to its offices or the Triniteq Supplier’s premises.
21.4 All freight charges for returns of the Product/Goods are exclusively at the Customer's expense.
21.5 Returned goods must have a valid (Triniteq provided) RMA number supplied on a removable label on the outside of the shipping carton(s). Please note that writing/stickers on the external packaging will not be accepted. If the (Triniteq provided) RMA number cannot be identified, or if the Product does not match the (Triniteq provided) RMA details provided, Triniteq may reject the returned product and return it to the Customer at the Customers expense.
21.6 The Customer must maintain a copy of the proof of delivery or consignment information to confirm delivery in the case of future queries and must also send a soft (digital) copy to shop@triniteq.com for notification.
22. Refund Policy (if applicable)
22.1 Refunds shall be given to the Customer/applied to the Customers Account at the absolute sole discretion of Triniteq. Once the returned Product/Goods have been received and inspected by Triniteq, Triniteq will send an email to the Customer to notify the Customer that Triniteq have received the returned Product/Goods. Triniteq will also notify the Customer of the approval or rejection of the refund.
22.2 If the refund is formally approved by Triniteq, the refund will be processed, and a credit will automatically be applied to the Customer’s credit (or debit) card, sent to the Customer vie Electronic Funds Transfer, or via the original method of payment by the Customer, within fourteen (14) days.
2.3 If there is a delay in the Customer receiving the refund from Triniteq after it has been processed by Triniteq, the Customer should:
• Check the Customer’s bank account
• Contact the Customer’s credit (or debit) card company (while acknowledging that it may take some time before the refund is officially posted by Customer’s credit (or debit) card company)
• Contact the Customer’s bank (there is often some processing time before a refund is posted by the Customer’s bank)
• If after completing these checks, the refund is still not received by the Customer, the Customer should contact Triniteq at shop@triniteq.com.
Please note: There are certain situations where only partial refunds are granted by Triniteq. These include:
• Only regular priced Products/Goods may be refunded, unfortunately, sale items cannot be refunded by Triniteq.
• Any Products/Goods not in its original condition, damaged, or missing parts for reasons not due to a Triniteq error.
• Any Products/Goods that is returned more than 30 days after delivery.
Several types of Products/Goods are exempt from being returned:
• Downloadable software products
• Exchanges (if applicable)
Triniteq only replaces Products/Goods for Customers if they are defective or damaged. If the Customer needs to exchange an item, the Customer should email shop@triniteq.com or call 1300 784 666.
23. Triniteq Platform Hosting Services Charges
All monthly Triniteq Platform application hosting services are charged on a monthly basis and will be initiated from the commencement of the development of the overall Triniteq project, once the various system modules have been loaded.
24. Fair Use Policy
This fair use policy sets out the standard of conduct that the Customer is required to meet when the Customer uses Triniteq or Triniteq’s Partner Services, Software, Products, Goods and/or Hardware. It is a guideline which helps to ensure that no single Customer compromises the performance And/or Data storage limits of the Triniteq or Triniteq’s Partner Services, Software, Products, Goods and/or Hardware for others.
Triniteq has introduced this fair use policy for Data Storage for all Triniteq or Triniteq’s Partner Cloud products, including (but not limited to) POWEREPOS, Insights, & Predicttile. Customers can use up to the “fair use” data storage amounts allocated by Triniteq without charge. Tools are provided to track actual storage and the ability to adjust the Customers retention policy. Customers electing to store data above the allocation are billed a charge per GB per month as outlined in this policy. Triniteq’s fair use allocations are provided for the Customer by counting the number of billable Software license types during a Monthly period, and applying the allowance shown in the table below for each Customers Software license to determine the total amount of allocated data storage for the Customer during the Monthly period.
Triniteq allows Data to be retained on its platforms for the Term of the Agreement. If the Customer exceeds their provided allocation as outlined on below, the Customer will be billed for storage.
24.1 What is Fair Use?
a. Fair Use means that the amount of Data the Customer downloads, uploads, stores or uses is not unlimited, and does not imply infinite Data downloads, uploads, usage, or storage.
b. When the Customer reaches a downloaded, uploaded, or Data use/storage limit, Triniteq may, at its sole discretion, bill the Customer for any additional Data usage/storage, and may, at its sole discretion impose a storage, shaping, or speed limiting policy be applied to the Customer’s service.
c. Factors outside the control of Triniteq may have an effect of altering the Customer’s experience and Triniteq or Triniteq’s Partner Services, Software, Products, Goods and/or Hardware performance speeds. For example, localised congestion of wholesale supplied backhaul may prevent Triniteq’s or the Customer’s wholesale supplier providing the same speeds at all times of day.
d. The maximum Data transfer speed of the Customer’s connection is dependent on physical infrastructure such as the Customer’s premises’ distance from the telephone exchange and quality of communications cabling. The speed of the Customer’s own connection may place a limit to the amount of Data that the Customer is able to download, upload, and/or use.
24.2 Triniteq Data storage allowance in the Subscription
The Customer’s Triniteq SaaS/Subscription plan includes Data storage. The monthly Data storage allotment for the Customer’s Triniteq or Triniteq’s Partner SaaS Services or Software is based on the following calculation:
• Up to 5GB Data storage per billable Customer with a single site/location
• Up to 17.5GB Data storage per Customer with 2-4 sites/locations
• Up to 25GB Data storage per Customer with 5-7 sites/locations
• Up to 32.5GB Data storage per Customer with 8-12 sites/locations
• Up to 42.25GB Data storage per Customer with a 13-18 sites/locations
• Up to 72.25GB Data storage per Customer with a 19-30 sites/locations
• Up to 100.00GB Data storage per Customer with a 30+ sites/locations
24.3 Application of this Policy
a. This policy applies to services provided by Triniteq and aims to avoid unfavourable impact to the quality and reliability of Triniteq or Triniteq Partner’s services to all of its Customers and that no Customer is disadvantaged by the conduct of others.
b. In doing so, this policy ensures that all Customers do not use Triniteq or Triniteq Partner’s services (including Data storage) in an excessive or unreasonable manner.
c. Triniteq has the right to amend the terms of this Fair Use Policy at Triniteq’s sole discretion from time to time. The Customer may visit www.triniteq.com for the most current Fair Use Policy.
d. Triniteq may rely on its Fair Use Policy where any Customer’s Data usage/storage of the Triniteq or Triniteq’s Partner Services is excessive or unreasonable.
e. If the Customer’s use of the Triniteq or Triniteq’s Partner Services is found to be excessive or unreasonable, Triniteq will contact the Customer by phone or Email using the contact details the Customer has provided to Triniteq to suggest more appropriate Triniteq or Triniteq’s Partner Services or ask the Customer to restrict your (the Customer’s) usage.
f. If after contacting the Customer, the Customer’s usage continues at an unreasonable level, this will amount to a breach of this policy.
g. This policy is supplementary to the Customer’s obligations outlined in Triniteq’s (these) Terms of Use.
24.4 Fair Use Explained Unfair use
a. Triniteq SaaS/Subscription and/or Software plans are intended for commercial use by Triniteq Customers in line with Triniteq’s Fair Use Policy
b. Without limiting what is meant by “unreasonable”, Triniteq considers the unreasonable use of Triniteq or Triniteq’s Partner Services to include:
- Resale of the Triniteq or Triniteq’s Partner Services without prior consent.
- Use of service in a way that causes or may cause interference, disruption, congestion or, more generally, sub-optimal (Triniteq or Triniteq’s Partner Services) performance
-Heavy usage patterns that cause significant Triniteq or Triniteq’s Partner Services congestion, disruption or otherwise adversely affect other Customers use of the service.
- Use of the service that violates Triniteq’s Terms of Use.
24.5 Breach of Policy
a. If Triniteq considers the Customer’s use of the service has or is likely to breach this policy, Triniteq will notify the Customer immediately.
b. If Triniteq considers that use of the service continues to be unreasonable, or if the Customer and Triniteq are unable to agree to the changes to the service, Triniteq may, in its sole discretion, without liability:
- Suspend or restrict the Triniteq or Triniteq’s Partner Services (or any part of it) for any period Triniteq sees fit or;
- Cancel the Triniteq or Triniteq’s Partner Services by providing thirty (30) days written notice to the Customer.
24.6 Data storage charge price and product information
If the Customer exceeds the above allocation in a given month, the Customer will be billed/charged at the rates below for Data Storage consumed over the allocation amount.
Triniteq storage overage charge for Triniteq or Triniteq’s Partner Services
This charge is applied to Triniteq Customers who exceed their Data storage allocation. Data storage overage charge is billed at the price below per GB over the allowance (see table above), charged monthly.
AUD: $5.325
25. Additional Triniteq Labour
Any additional Customer requirements not agreed to within the original Triniteq project scope/proposal/quote that is required to be worked on will be invoiced additionally as per clause 1 upon the completion of the project, upon installation of the goods, or delivery of the Triniteq or Triniteq’s Partner Services, Software, Products, Goods and/or Hardware, or whichever comes first, and is required to be paid as per these Terms of Use of this Agreement.
For Triniteq Platform projects only – Triniteq may provide work report updates at each stage of Triniteq Platform project implementation, as well as providing access to project work-log reports, drawn from Triniteq’s project and job management system, from within the Customer’s development site admin console.
Triniteq reserves the right to halt any (Customer) project, not allow the Customer access to the project, take the development site offline, halt an install, refuse to deliver systems, suspend software licence(s), suspend services and require that the project be paid in full should the project be delayed by The Customer, or the Customer’s commissioned third parties, for longer than three (3) months. Should issues such as these present themselves, all deposits will be considered not refundable as per these Terms of Use.
Delays in providing, preparing, and uploading content may result in parts of the project being rescheduled to accommodate for other projects that Triniteq may have pending at that time. Triniteq’s objective is to maintain momentum and work to the agreed schedule during the project where possible.
26. POWER & Data Cabling
The Customer acknowledges that:
26.1 The installation of power and data cabling is not included in Triniteq proposals/quotes and whilst Triniteq does not undertake the installation of cabling, Triniteq may recommend a qualified contractor and work in conjunction with the Customer by offering information and consultation regarding power and data cabling requirements for Triniteq supplied systems.
26.2 Triniteq shall not be liable in any way whatsoever regarding Triniteq recommended contractors, information, and/or consultation provided to the Customer regarding power and data cabling requirements for Triniteq supplied systems.
26.3 The installation of both power and CAT5/CAT6 data cabling is not the responsibility of Triniteq
26.4 It is imperative that all cabling (both power and data) is completed to Australian industry standard specifications/specifications outlined by Triniteq. The onsite installation of any Triniteq or Triniteq’s Partners Services, Software, Products, Goods and/or Hardware will not be carried out until Triniteq is satisfied as to the quality of the completed cabling installation and that all data and power cabling meets the specifications outlined by Australian industry standard specifications and Australian occupational health and safety standards. Therefore, cabling not carried out to Australian industry standard specifications and Australian occupational health and safety standards voids all Triniteq warranties.
26.5 If a Triniteq installation does not occur or is delayed for reasons attributed to the Customer (including but not limited to unsatisfactory power supply or data cabling or the Customer’s installation/site otherwise not being suitable for any other reason, whether attributable to the Customer or any of its contractors, agents, employees or any other person other than Triniteq), the Customer will be liable to Triniteq for all reasonable costs associated with the delay or cancellation of a scheduled installation.
Go to:
Schedule 1 – Triniteq Support & Sales Agreement Terms of Use – General
Schedule 3 – Triniteq Software Licensing Agreement