Terms and Conditions

Terms of Use

WOTLINK ABN 68 124 945 811 and its related entities ("WOTLINK") welcome you to this website.

WOTLINK provides this website as part of its overall service to you. By accessing or using any of the content, information, data, text, graphics, photographs and other materials ("Material") on this website you agree to these Terms of Use. If you do not agree, you should not use this website.

In addition to these Terms of Use, your use of certain services or parts of this website may be subject to specific and additional terms. Since you are also bound by these additional terms, you should review them where they are provided on this website. The specific terms take priority over these Terms of Use to the extent of any inconsistency.

These are the current Terms of Use and they replace any other terms of use for this website previously published on this website. WOTLINK may at any time vary the Terms of Use by publishing the amended Terms of Use on this website. You accept that by doing this, WOTLINK has provided you with sufficient notice of the amendment. By continuing to access or use any Material on this website after any amendment, you confirm your agreement to these Terms of Use, as amended.

Information and services on this website

The information contained on this website is liable to change and although WOTLINK makes every effort to keep material on this website up to date and accurate, there may be delays, errors or omissions. WOTLINK does not represent or warrant the suitability, completeness, accuracy or currency of any information contained on this website nor that any services will be uninterrupted, timely, secure or error-free.

The material and information on this website is provided for general guidance and is not intended to be advice. You should seek professional advice and assistance before you take any commercial decisions or action.

Links to other websites

This website may contain links to other websites operated by third parties ("Third Party Websites"). Those Third Party Websites are not under the control of WOTLINK, and WOTLINK does not endorse and is not responsible for any material on, or linked to from, Third Party Websites ("Third Party Material").

In particular, and to the extent permitted by law, WOTLINK makes no warranties or representations:

• regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Websites; or
• that Third Party Material does not infringe the intellectual property rights of any corporation, organisation or person. WOTLINK is not authorising the reproduction of Third Party Material by linking material on this website to Third Party Material.

Software downloads

Any software that is available to download through links from this website is a third party product unless otherwise indicated. Your use of that software may be subject to a licence agreement between you and the software owner. To the extent permitted by law, WOTLINK accepts no liability in respect of such third party software and WOTLINK provides no warranty and gives no endorsement in respect of such products or any party connected with them. If you have any feedback or suggestions concerning this software, please contact us.

Trade marks, copyright and linking to this website

"WOTLINK", and all associated trademarks used on this website are registered or pending trademarks of WOTLINK and/or its related entities. Copyright in the material on this website is owned or licensed by WOTLINK.

Except where necessary for viewing material on this website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no part of material on this website may be uploaded to a third party, linked to, framed, reproduced, adapted, performed in public, distributed or transmitted in any form by any process without the specific written consent of WOTLINK. Please contact us if you would like to place a link to any part of this website.

Warranties

WOTLINK is not responsible for any error or omission on this website and reserves the right to make changes without notice. WOTLINK does not guarantee that this website or Third Party Websites will be free from viruses, or that access to this website or Third Party Websites will be uninterrupted.

Liability and complying with laws

To the maximum extent permitted by law, and except to the extent expressly specified or referenced in these Terms of Use, WOTLINK is not liable (whether in contract, tort, under statute or otherwise) for any loss, damage, or expense (including special, indirect or consequential loss, loss of profit or revenue, loss of use, legal costs and defence or settlement costs) that you or any other person incurs arising directly or indirectly out of or referable to material on this website or to Third Party Material.

Liability of WOTLINK for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the maximum extent allowable under the relevant laws.

You must comply with all laws in relation to your access or use of Material on this website, including laws of the country in which you reside or from which you access this website.

Cancellation

The agreement set out in these Terms of Use and your access to this website may be cancelled at any time by WOTLINK without notice. All restrictions, licences granted by you and all disclaimers and limitations of liability by WOTLINK will continue after cancellation.

General

Any part of these Terms of Use must be read down to the extent necessary to prevent that part or these Terms of Use being invalid, voidable or unenforceable in the circumstances. Despite that reading down, if a part of these Terms of Use is still invalid, voidable or unenforceable, and if the part would not be invalid or voidable if a word or words were removed, then that word or those words will be deleted, and the rest of these Terms of Use will continue to be fully enforceable.

A right of WOTLINK under these Terms of Use may only be waived in writing signed by WOTLINK.

You represent and warrant to WOTLINK that you are at least 18 years of age and otherwise have the power, authority and capacity to agree to these Terms of Use with WOTLINK.

These Terms of Use and your use of this website are governed by the laws of The Australian Capital Territory. Any rights not expressly granted in these Terms of Use are reserved by WOTLINK.

Acceptable Use Policy

Customer agrees not to use any WOT Link service in connection with any unlawful business or activity, including spamming, or any activity which infringes the rights of others including WOT Link, including the unlicensed use of software or intellectual property.

• Customer agrees not to hack or attempt to hack, reverse engineer, intrude, view, copy or alter any data or systems used or hosted by WOT Link or its partners.
• Customer agrees not to resell or re-badge any WOT Link service without the express approval of WOT Link.
• WOT Link reserves the right not to host illegal or unlawful content in its sole discretion and to immediately withdraw the Service and take down content with respect to any violations of this clause 24. WOT Link may also have a legal obligation to refer such content or activity to the relevant authority.
• Not used.
• The Customer warrants that any domain name that it requires WOT Link to register or administer on its behalf will not violate any Intellectual Property Rights of any third party.  The Parties will comply with the rules and procedures of the applicable domain name registries, registrars and any other relevant authorities. The Customer indemnifies WOT Link from any third party claim in relation to a breach of Intellectual Property Rights or Trademark rights by the Customer in relation to the registration of domain names.

Dispute

• The Parties must exhaust the provisions of this section before initiating legal proceedings.
• Notices of any dispute must be sent by Registered Mail to:

WOT LINK
GPO Box 2320
Canberra ACT 2601
And by email to accounts@wotlink .com.au

• The Parties must use their best endeavours and act in good faith to resolve any dispute arising in connection with the service or these Terms and Conditions by personal contact and negotiation between their respective senior management.
• If the Parties’ senior management have not resolved any dispute within ten business days of notice, the dispute must be escalated to the Chief Executive of each Party for further attempt at resolution.
• If the Parties’ Chief Executives cannot resolve the dispute within a further thirty business days of notification of the dispute, either Party may then take any additional action it deems necessary to resolve the dispute, including initiating legal proceedings.
• Nothing in this section prevents either Party from seeking urgent interlocutory relief from a Court at any time.

Indemnity and limitation of liability

• The Customer indemnifies WOT Link on a full indemnity basis in respect of any losses, damages, liabilities, claims and expenses incurred (including but not limited to reasonable discovery, investigation and legal costs and defence or settlement costs) arising directly or indirectly as a result of:
  • any breach by the Customer of this Agreement;
  • any negligent act or omission of the Customer or any of its employees, consultants, contractors or agents relating to these Terms and Conditions or any Services provided under these Terms and Conditions that results in injury, death or damage to the real or personal property of WOT Link; and
  •  the fraudulent, criminal or other illegal or wrongful use by the Customer or any of its employees, consultants, contractors or agents of the Services supplied under these Terms and Conditions,
• except to the extent that any such loss, damage, liability, claim or expense arises directly or indirectly as a result of WOT Link’s willful, unlawful or negligent act or omission or default.
• WOT Link indemnifies the Customer on a full indemnity basis in respect of any losses, damages, liabilities, claims and expenses incurred (including but not limited to reasonable discovery, investigation and legal costs and defence or settlement costs) arising directly or indirectly as a result of:
  • any breach by WOT Link of this Agreement;
  • any negligent act or omission of the WOT Link or any of its employees, consultants, contractors or agents relating to these Terms and Conditions or any Services provided under these Terms and Conditions that results in injury, death or damage to the real or personal property of Customer; and
  • the fraudulent, criminal or other illegal or wrongful use by WOT Link or any of its employees, consultants, contractors or agents of the Services supplied under these Terms and Conditions,
• except to the extent that any loss, damage, liability, claim or expense arises directly or indirectly as a result of Customer’s willful, unlawful or negligent act or omission or default.
• The total aggregate liability of a party in respect of all claims (including claims for consequential loss) made under these Terms and Conditions or otherwise in respect of the provision of the Services is limited as follows:
  • where the breach is a failure by WOT Link to meet the SLA for a calendar month to the SLA Rebate specified 
  • in every other case, including without limitation any claims in tort or negligence, to an amount equal to the total amount (as at the date of this Agreement) payable by the Customer during the Term, 

except:

•  in the circumstances mentioned 
• (where WOT Link is liable under this clause 26) in respect to claims which are covered by an insurance policy it holds for professional indemnity or errors and omissions insurance; and
• in relation to the indemnity in clause 29 and any claims arising out of a breach by WOT Link of its obligations under clause 29 of this Agreement.
• All terms, conditions or warranties which may be implied into these Terms and Conditions are excluded to the fullest extent permitted by law.

Other obligations

• WOT Link may, with the prior consent of Customer and without limiting its obligations under this Agreement, provide the Services to the Customer through the use of a related body corporate, and/or invoice the Customer via a related body corporate (provided that any invoice must comply with clause 13 of this Agreement).  The Customer acknowledges that any debt owed under these Terms and Conditions is a debt owed to WOT Link and that WOT Link may take any necessary action in relation to any such debt notwithstanding that the right or obligation giving rise to that debt has been satisfied by a related body corporate of WOT Link or that the invoice for that debt has been provided to the Customer by a related body corporate of WOT Link.
• WOT Link may not refer to the Customer as a customer of WOT Link in any press release, marketing, or sales material except with the prior written consent of Customer.
• WOT Link may not assign or otherwise deal with any of its rights or obligations, or subcontract the performance of any of its obligations, under this Agreement without the Customer’s prior consent.  WOT Link remains responsible for the performance of any obligations that it subcontracts.
• Customer may novate, or assign or otherwise deal with any of its rights or obligations under this agreement by notice to WOT Link and WOT Link must immediately execute any documents necessary to give effect to this.
• WOT Link must provide the Services to the Customer in Australia, and must not in connection with the Services store or host any of Customer’s information or data overseas except with Customer’s consent (which may be given or withheld in the Customer’s absolute discretion, and may be given subject to conditions with which WOT Link must comply). 
  • WOT Link must ensure that all WOT Link personnel engaged in connection with the provision of the Services are appropriately qualified, competent and experienced in the provision of the type of Services required by Customer and all work and documents produced (and Services provided) by WOT Link are reasonably suitable in all respects for the purposes required by this Agreement and all instructions and information made available by Customer.
  • WOT Link must keep records in relation to the Services provided to the Customer.  If requested by Customer, WOT Link must provide access to the Customer to all material (of any kind and in any form) that relates to this Agreement including for the purpose of the Customer determining whether WOT Link has met its obligations under this Agreement.
  • WOT Link acknowledges that the Customer enters into this Agreement on the basis of the representations made in the proposal to which this Agreement is annexed.

 

Intellectual Property, confidentiality, privacy and security

• If a person claims that the Customer’s use of software in accordance with this Agreement is an infringement of that person’s intellectual property rights, moral rights or other rights, or a breach of an obligation owed to that other person by WOT Link (or a related body corporate), then without limiting any of the Customer’s other rights or remedies, WOT Link must at Customer’s option procure the right for Customer to continue using the infringing item or replace or modify the infringing item so that it becomes non-infringing.
• WOT Link acknowledges that the confidential information of the Customer is valuable to Customer and undertakes to keep the confidential information secret and to protect and preserve the confidential nature and secrecy of that confidential information.  WOT Link may only use the Customer’s confidential information for the purposes of performing its obligations or exercising its rights under this Agreement.  The disclosure of the Customer’s confidential information in connection with this Agreement does not grant to WOT Link any right or licence in connection with that information.
• WOT Link may not disclose confidential information of the Customer to any person except:
  • (with the Customer’s prior consent) service providers of WOT Link who require it for the purposes of this Agreement;
  • representatives, legal advisers, auditors and other consultants of WOT Link who require it for the purposes of this Agreement;
  • with the prior written consent of the Customer;
  • if WOT Link is required to do so by law (but only to the extent that WOT Link is required to make the disclosure, and provided that WOT Link must use all reasonable endeavours to notify Customer of the disclosure in advance of that disclosure being made); and
  • if WOT Link is required to do so in connection with legal proceedings relating to this Agreement.
• WOT Link must use all reasonable endeavours to ensure that persons receiving confidential information from it do not disclose the information except in the circumstances permitted in this clause.
• On the Customer’s request, WOT Link must immediately deliver to the Customer all documents or other materials containing or referring to the Customer’s confidential information in WOT Link’s possession, power or control (or in the possession, power or control of persons who have received confidential information from WOT Link) (or otherwise deal with that information in accordance with the Customer’s instructions), provided that this clause does not apply to confidential information that WOT Link requires to comply with its obligations under this Agreement.
• WOT Link:
  • must comply with the Privacy Act 1988 (Cth) and all other applicable privacy laws and such other data protection laws as may be in force from time to time which regulate the collection, storage, use and disclosure of information, as if it were regulated by these laws;
  • must comply with any privacy code or policy which has been adopted by the Customer and provided to WOT Link as if it were bound by that code or policy and all reasonable directions of the Customer relating to privacy; and
  • indemnifies the Customer and its officers, employees, agents and contractors against all loss, damage, injury, claim, demand, cost or expense (including legal fees and expenses) that any or all of them suffer or incur as a result of any breach of this clause.
• WOT Link must comply with all of the Customer’s policies and all reasonable directions relating to security when on the Customer’s premises or accessing any of the Customer’s computer systems. 
• WOT Link agrees to:
  • procure for the Customer, or grant to the Customer (as applicable), irrevocable and non-exclusive licences to use, reproduce and modify any software products and documentation supplied in connection with the Services in any manner, anywhere in the world and for any purpose;
  • permit any person to assist the Customer to do any of the things referred to in paragraph 1 above; and
  • permit the Customer sublicense any of the rights described in paragraphs 1 and 2 above to any person.

Termination

• Without limiting the termination rights granted to either party in any other clause of this Agreement, either party may during the Term, by notice, immediately terminate this Agreement:
  • if the other party is insolvent; or
  • if the other party commits a material breach of this Agreement and does not rectify it within 14 days of being notified of the breach.
• If this Agreement is terminated, then from the date this Agreement is terminated to and including the date that is 90 days after that date, WOT Link must enable the Customer to access the data provided by the Customer to WOT Link (or to a permitted service provider or permitted subcontractor of WOT Link) and must take reasonable steps to facilitate the migration of the Customer’s data to another system.
• Any licence granted to Customer by WOT Link terminates the date on which this Agreement is terminated.  Any licence procured for Customer by WOT Link terminates in accordance with its terms.
• These obligations survive the termination of this Agreement.

In its sole discretion, the Disclosing Party may provide to the Receiving Party certain confidential and proprietary information for the limited purpose of allowing the Receiving Party to perform its obligations under the Agreement to which this Non Disclosure Agreement is annexed, in accordance with the following terms and conditions:

Definition

For purposes of this Agreement, "Confidential Information" shall mean the information (in any form) received by the Receiving Party from the Disclosing Party in connection with the Agreement to which this Agreement is annexed. .

Protection and Purpose

All "Confidential Information" shall be maintained in confidence by the Receiving Party, and shall not be disclosed to any third party and shall be protected with the same degree of care as the Receiving Party normally uses in the protection of its own confidential and proprietary information, but in no case with any less than reasonable care. The Receiving Party shall not use any "Confidential Information" received from the Disclosing Party except for the purposes set forth above.

Restrictions

The restrictions herein provided shall not apply with respect to "Confidential Information" which:

Is lawfully known by the Receiving Party at the time of receipt (and is not subject to an obligation of confidence); or

Is or becomes a part of the public domain without breach of this Agreement by the Receiving Party; or

Is legitimately obtained by the Receiving Party without a commitment of confidentiality from a third party; or

Is disclosed by the Disclosing Party to a third party without a commitment of confidentiality by the third party; or

Is independently developed by the Receiving Party; or

Is disclosed pursuant to judicial action or government regulations, provided the Receiving Party notifies the Disclosing Party prior to such disclosure and cooperates with the Disclosing Party in the event the Disclosing Party elects to legally contest and avoid such disclosure.

Rights and Licenses

This Agreement and the furnishing of "Confidential Information" as provided herein shall not be construed as establishing, either expressly or by implication, any grant of rights or licenses to the Receiving Party in any of the Confidential Information or any relationship between the parties.

Ownership

All tangible information, including drawings, specifications and other information submitted hereunder by the Disclosing Party to the Receiving Party, shall remain the property of the Disclosing Party.  On request by the Disclosing Party, the Receiving Party shall promptly return to the Disclosing Party all tangible information, and all copies thereof, related to "Confidential Information".

Termination

This Agreement is to be construed in accordance with the laws of the Australian Capital Territory and shall terminate five (5) years from the effective date of this Agreement.  The obligations of the Receiving Party continue and survive the termination of this Agreement.

Updates of the Addenda are provided regularly to reflect requested changes. Monthly invoice is sent on 1st each month and payment is directly drawn from your nominated credit card or bank account 

Period of Engagement

At WOTLink we know that the combination of service levels from leading applications (like Office365 etc) and our configuration services, provide clients with unprecedented cost savings and brilliant business outcomes. 

Year on year, you can expect to save in the order of 50% to 80% in IT costs compared to traditional in-house support or “do and charge” IT support.  

At our regular meetings we are providing IT health checks and tracking performance for you to ensure optimal business continuity. 

A client should never feel “locked in” to a contract or pay hefty cancellation fees.

After 90 days, if you want to change or move your IT support arrangements simply give us a month’s notice.  Your subscriptions, apps and data are yours from day one, so you always have the ongoing ownership and control. 

Our job and incentive is to always provide our products and services with openness and integrity, deliver optimal business outcomes using best of breed technology, and provide value for money.  We think that’s how business should be.

We do provide pro-bono work (at our discretion) if undertaking additional research, so that you are not unfairly burdened or frustrated by “cutting edge technology”.