Trademarks

Please note that many of the products referred to on this web site (www.stuartelvish.com and advice.stuartelvish.com) are owned / developed by other companies and therefore are trademarks of that particular company. In particular, Asterisk is a registered trade mark of Digium. If you have any further questions regarding trade marks please contact us for further information.

Copyright

All material (text, images and any other media) is copyrighted. You may not use it without prior written permission from the owner of this web site.

Our Own Content

Whilst we make every effort to ensure that this web site is kept up to date, we can not be held liable for any errors or omissions. Additionally, we disclaim all responsibility where you rely on advice of this web site and matters don't evolve as expected. You should always seek tailored advice to your specific circumstances from the staff of stuartelvish.com before relying on the generic information contained on this web site.

Referenced Content

Where we provide you with referenced content (i.e. content from another person or their web site. but printed within the text of our web site.), we will put forth every effort to ensure the accuracy and validity of the information presented. However, we nor our contractors nor our agents can be held liable for any damages or other liability arising from your use of the information.

External / Third Party Content & Web Sites

We can not be held responsible or liable for any content on third party web sites or networks. We make every effort to ensure the appropriateness and validity of information on third party web sites, however updates and changes may be made which we can't monitor. You accessing all links to third party content and web sites acknowledges that you relieve us of any responsibility and liability.

Privacy Information

No matter which web site or internet based service you are using, privacy can not be guaranteed. We will put forth effort to ensure that any data that we obtain about you (including your email address or any information stored in our customer relationship management system) is adequately protected from access by any person not associated with stuartelvish.com.

advice.stuartelvish.com

The information provided at advice.stuartelvish.com is based around personal experience. This personal experience is predominantly with open source solutions including the Linux operating system, the Asterisk PBX software solution including various third party open source applications, as well as several vendors who provide hardware products for the Asterisk PBX software solution. The advice is provided on an 'as is basis' and we hold no responsibility or liability for your reliance on the information. Personalized, commercial advice is available by consultation with Stuart Elvish via www.stuartelvish.com.

Quotations And Estimates

Quotations and estimates we issue are valid for 14 days by default except where indicated on the quotation or estimate supplied to you (the client). Any variations to the 14 day quotation or estimate validity must be indicated on the original quotation or estimate, or a new quotation or estimate number must be issued with the correct validity.

Any offer made by the customer will not be binding upon us until we have been furnished with written confirmation of the customers offer and have provided written acceptance.

All Work Time And Materials

All work completed at the clients request will be time and materials based. This means that you will be charged an hourly rate to work towards achieving a set outcome as defined by you (the client) and any additional advice (technical or otherwise) that we supply to you during the works.

You as the client are not expected to bare the cost of internet usage or communications with your organization. From time to time however, you may be asked to provide a reimbursement for costs related to communicating to third parties on your behalf. The rates for this will be provided prior to starting a project.

Disputes

You must bring to our attention any work or provided services that you wish to dispute within 3 days of the invoice being issued. If you raise a dispute, we may at our discretion extend the due date of the invoice until the dispute has been resolved. When payment is received for an invoice, it is assumed that you agree with all the charges and that you have no outstanding issues with the work or provided services and therefore will not raise a dispute in relation to that invoice.

Payment

All payments must be made electronically, within 7 days of invoicing to our nominated bank account. Confirmation of this payment must be made by faxing back the last page of the invoice the payment relates to, or you must send us a confirmation email. Once we receive this payment and it has cleared, we will mark the invoice as being paid. If you feel you can't make payment by the due date, then please notify us in writing prior to the due date and we will attempt to make alternative payment arrangements. If you fail to make payment by the due date, we may at our sole discretion stop providing any products or services we have agreed to provide and will start charging interest at 18.4% per annum compounded daily.

Where a deposit has been noted on the quotation, this deposit will need to be paid and cleared by our bank in entirety before work will commence. If the payment clears less than 7 days before work is due to commence, any agreed delivery dates are subject to our review. Please also note that we may ask for a deposit (when one is not indicated on the original quotation) where we must defer or reject other work to accept your project.

If progress payments are prescribed either in a quotation (in the notes field) or in any other documentation associated with the sale, you will need to ensure the funds have cleared by the required date. Clearing by our bank normally takes approximately 3 business days depending on the deposit method. If you so desire, we are happy to provide you with confirmation of your payment being cleared.

If we fail to receive a payment (deposit, progress or final) then we at our sole discretion may decide to cease any works on your project. Where we cease work due to non-payment, we will not be liable in any way for direct or in-direct damages that you may incur. Additionally, if the payment is not received and cleared within 14 days of the original invoice falling due, we will begin taking action to re-posses any property / goods provided as part of the project up to the value of the amount that hasn't been paid. This may include property / goods that you paid for in an earlier invoice.

Software

Many of our solutions include either the configuration of existing / client supplied software or software provided by us to you. Any software supplied is done so under the original terms and conditions of that software package as set out by the vendor. You must acknowledge your agreement to the terms and conditions and abide by all license agreements and obligations. Title to any software products remains with the applicable licensor/s at all times.

Cancellation

If you have been provided a quotation with a deposit and have provided us with an installation or execution date with your purchase order, and you decide to reschedule or cancel your order, we reserve the right to charge additional fees. In cases of rescheduling, we reserve the right to charge a rescheduling fee up to 15% of the total order if we can reschedule to a time that is mutually convenient. If you decide to cancel the order, or you request that we reschedule your installation or execution date and we can't mutually agree on another date, we may at our discretion keep the entire deposit and additionally charge you for any hardware that we have ordered in for your job. (We will attempt to ship this to you according to your instructions.) At our discretion, we may waive any cancellation or rescheduling fees. Any notice of changes to these fees will be provided in writing once we have agreed on the final status of the work to be completed.

Right To Sub-Contract

By accepting a product or service, either as part of a quotation or an ongoing service or support arrangement, you acknowledge that we may appoint sub-contractors to complete either part of the work or the entirety. It is at our absolute discretion to appoint contractors to specific tasks.

Contracts Requiring Travel

Where we accept a contract which may require travel, we will explicitly advise you if we are willing to complete the required travel. If we fail to advise you of the terms and conditions of our completing the required travel and fail to explicitly advise you of our acceptance of your request for us to complete travel as part of our contract, we can only make our best effort if we have available resourcing. If we do explicitly accept travel and commit to completing the travel at a certain time, it will be your responsibility to cover any costs associated with our travel including, but not limited to, air fares, airport lounge entry / membership fees, car rental and any other transportation services required, insurance, accommodation, meals and refreshments, and any security services required. You will be asked to cover the direct cost and the cost of the time used for business travel including trips to and from airports, site, accommodation and our office. If the dates of travel required for the project change, you will be required to provide us at least 8 weeks notice, and we have the right to refuse the adjusted date of travel.

Contracts Requiring Specialist Training

Except where explicitly noted otherwise in official documentation provided by us, we require you as the client to cover the cost of any time and travel required to attend training courses specifically required to complete our job. This may include, however is not limited to, site safety inductions, state or territory based government work safety certification, and company occupational health and safety policy training. If you believe our staff, contractors or agents will be required to go through any certifications, you should advise us before we prepare an estimate for you.

Support Work & Rates

We have several different rates that we charge. They are categorized as follows:

• Standard / scheduled work: $85 / hour (excluding GST).
• Urgent / un-scheduled work: $195 / hour (excluding GST).

Please note that we may use a range of sub-contractors to complete your work and these sub-contractors may complete the work outside of standard business hours at their discretion. We will make every effort to keep you informed of when your work is scheduled to be completed allowing you the opportunity to advise if this time won't suit your requirements. Please note that if you require after hours work to be completed, we reserve the right to charge you a higher than standard rate.

At this stage, our support is provided on an ad-hoc basis and requires prior arrangement to ensure a technician is available to take your call. We aim to add urgent support capabilities to our service offering shortly.

GST (Goods and Services Tax)

By Australian law we are not required to charge goods and services tax (GST). All quotations are GST exempt. Should it become necessary for us to charge GST, this will be charged at 10% on top of any invoice issued.

Limitation of Liability

Whilst all staff, contractors and agents will exercise due care in the execution of all assigned tasks and work orders, and attempt to limit inconvenience or the amount of time any of your systems, products or services may be unavailable, we accept no responsibility or liability (either financial or otherwise) for any inconvenience or damage (direct or consequential) that may have been caused or arises as a consequence of us completing our work. Where we have agreed to provide a service at a fixed price and that service is found to be faulty, we will at our discretion provide a full refund to you which will terminate our agreement, or we will complete any necessary work to deliver the originally or subsequently mutually agreed specification or configuration.

Governing Law

These terms and conditions shall be governed by and construed in accordance with the laws of the state of Victoria. Additionally, they shall be subject to the jurisdiction of the courts of Victoria. Any disputes arising in relation to these terms and conditions will either be arbitrated or settled in a court of law within the physical locality of the state of Victoria, Australia.

If it is determined that any of these terms and conditions are unenforceable or illegal, it shall not render any other term or condition invalid or unenforceable.

Right To Use As A Reference

Please be aware that we may use your company name on our references page. This may also include a listing, either partial or complete, of the services that we provide your company. If you have any concerns or don't want us to list your company, please contact us in writing.