Terms & Conditions

Definitions

  1. In these terms and conditions these terms have the following meanings:
  2. Client: The natural or legal person acting in the pursuit of his profession or company to whom ‘We Are HELLO.’ offers a quote, a contract has been accepted and/or with whom an agreement has been concluded.
  3. Parties: Client and ‘We Are HELLO.’ together.
  4. Agreement: The Agreement between the Parties.
  5. Service (s): The platform and marketing services originating from the ‘We Are HELLO.’ solution.
  6. Product (s): The HELLO. WiFi network hardware.
  7. Departure from these terms and conditions is only possible if and to the extent that Parties have accepted and confirmed these deviations in writing.
  8. ‘We Are HELLO.’ is at all times entitled to change these terms and conditions. These changes will take effect two weeks after publication.
  9. If any provision of these Terms and Conditions is null and void or destroyed, the remaining provisions of these Terms and Conditions will remain in full and Parties will consult with a view to agreeing on new provisions to replace the null or void provisions, as far as possible The purpose and the meaning of the null or void provisions are respected.

Offer / Quote

  1. All offers made by ‘We Are HELLO.’ are free of charge and are valid for 30 days after the date of the quotation.
  2. All prices, rates and amounts stated by ‘We Are HELLO.’ are exclusive of sales tax and government fees, as well as transportation, delivery, administration, travel and subsistence expenses. The prices are also, if applicable, exclusive of the cost of installing the product.
  3. ‘We Are HELLO.’ is entitled, upon written notice to the Client, to increase the price of the solution.
  4. If the price increase exceeds 20%, the Client has the right to dissolve the Agreement.
  5. ‘We Are HELLO.’ is entitled to require a Client’s collateral prior to the implementation of the Agreement.
  6. ‘We Are HELLO.’ does not undertake to complete part of the contract with a corresponding part of the specified price when it comes to combined offers. Offers and offers are not automatically valid for future orders.
  7. If there are particular circumstances that may affect ‘We Are HELLO.’s products or services, then the Client must indicate this in good time. Client stands for the accuracy and completeness of the provided data based on which ‘We Are HELLO.’ has fully or partially based its offer. The client always takes the utmost care that the requirements for ‘We Are HELLO.’s performance are accurate and complete.
  8. All subscription packages are based on a minimum 12-month term. Once the 12 months have been completed, the contract is then based on 30 days rolling.

Agreement

  1. The Agreement will be concluded when the order has been placed online or in person and has been payment has been taken.
  2. Without the prior written permission of ‘We Are HELLO.’, the Client may not transfer its rights and obligations from the Agreement to third parties.
  3. If the Agreement is entered into with multiple Clients or if the Client consists of multiple (right) persons, they are jointly and severally liable for full compliance with the Agreement.
  4. The agreement is entered into for a certain period of time (12 months). At the end of the specified period, the Agreement will be tacitly renewed for 30 days rolling.
  5. The Agreement cannot be terminated during the specified time.
  6. Termination of the Agreement is only possible in writing, subject to a notice period of one month and by the end of the given month.
  7. ‘We Are HELLO.’ reserves the right to dissolve the agreement by e-mail if the agreed Products are no longer available or no longer available for the agreed price. In respect of the performance of ‘We Are HELLO.’ and the amounts due by the Client, the relevant documents and data from the solution provide full proof, without prejudice to the Client’s right to provide counter-notification.

Execution services

  1. ‘We Are HELLO.’ will perform the services of the Agreement at best insight and ability. All Services in the Agreement between Client and ‘We Are HELLO.’ are subject to a commitment obligation, unless the ‘We Are HELLO.’ The agreement has explicitly promised a result and the relevant result is also defined with sufficient determination.
  2. In all cases where ‘We Are HELLO.’ considers it useful or necessary, ‘We Are HELLO.’ has the right to perform certain activities by third parties or to be assisted by third parties.
  3. Expired execution terms in favour of the Client are never to be regarded as fatal terms.

Change Agreement

  1. If during the performance of the Agreement it appears that for a proper execution it is necessary to amend the Agreement, to supplement it and/or to amend the term of the Agreement, the Parties will in writing and in agreement, amend the agreement in writing.
    2. ‘We Are HELLO.’ will indicate to the extent that this will result in a change in the price with the agreed agreement of the Agreement. As a result of an amendment to the agreement, the original date of implementation may be amended. Client accepts the possibility of modification of the agreement, including the change in price and term of execution.
  2. If the agreement is amended, including an addition, ‘We Are HELLO.’ is entitled to implement it first after the Client has agreed with the price and other terms and conditions, including the time at which it will be implemented. to become.

Payment

  1. Payment of the agreed price must be made no later than 14 days after the invoice date. The right of the Client to settle any claims on ‘We Are HELLO.’ is expressly excluded.
  2. ‘We Are HELLO.’ is entitled to claim an advance prior to the performance of the Agreement. Once the deposit has been received, ‘We Are HELLO.’ will start with the Agreement.
  3. ‘We Are HELLO.’ is always entitled to perform and invoice the Agreement in such a way that ‘We Are HELLO.’ Products deliver and invoices to the extent that they are ready.
  4. If the Client does not pay the item invoice within 14 days after the invoice date, ‘We Are HELLO.’ is entitled to suspend execution of the agreement until the Client has fully satisfied the item invoice.
  5. All Payments by the Client to ‘We Are HELLO.’ will be deducted from any accrued charges and interest, as well as the oldest remaining outstanding ‘We Are HELLO.’ invoices, regardless of any other indication by ‘We Are HELLO.’.
  6. In the case of non-timely or non-full payment of the price due by the Client, the Client shall be in default on expiry of the period referred to in paragraph 1. The client is then due for the outstanding invoice amount 2% interest per month.
  7. If the Client fails to comply with one or more obligations to ‘We Are HELLO.’, all reasonable costs for obtaining compensation – in and out of court – will be borne by the Client, where the extrajudicial costs amount to 15% of the invoice amount by a minimum of $200. The client is not entitled to suspend and/or settle his obligations to ‘We Are HELLO.’.
  8. Client approves any invoicing by email.
  9. The costs due will be charged for the coming year depending on the term for which the agreement is entered into.
  10. There will never be a refund of paid amounts.

Delivery and delivery period

  1. Delivery deadlines specified by ‘We Are HELLO.’ can never be considered as deadlines. The single overriding of a specified or specified term does not place ‘We Are HELLO.’ in default. ‘We Are HELLO.’ must therefore be offered a reasonable period of at least 21 days by registered postponed notice of default to still implement the agreement.
  2. Delivery will take place from ‘We Are HELLO.’, unless otherwise agreed. Customs clearance and customs clearance for foreign deliveries can be provided by ‘We Are HELLO.’, but is at the expense of the Client. For foreign travel, all liability is at the expense and risk of the Client.
  3. The client is obliged to purchase purchased Products at the time when it is made available to him under the Agreement. If the Client refuses or neglects the delivery of information or instructions necessary for delivery, the Products will be stored at the risk of the Client. In this case, the Client will owe all additional costs, including at least storage costs. 4. ‘We Are HELLO.’ will not ship to delivery until the full invoiced amount has been fulfilled by the Client unless otherwise agreed.
  4. The delivery period will not begin until ‘We Are HELLO.’ owns all Products, Data and Documents to be provided by the Client.
  5. Any installation and/or assembly of the delivered is done at the risk of the Client.

Retention of title and right of retention

  1. All Products delivered by ‘We Are HELLO.’ remain the property of ‘We Are HELLO.’.
  2. The client must return all products upon the termination of the agreement within 30 days.
  3. The client already gives unconditional and irrevocable written permission to ‘We Are HELLO.’ or to a third party designated by it, in all cases where ‘We Are HELLO.’ wishes to exercise its proprietary rights, to enter all those places where ‘We Are HELLO.’s property will be located and those Products there.
  4. If third parties attach confiscation to the Products Provided or wish to establish or apply rights thereon, the Client is obliged to notify ‘We Are HELLO.’ as soon as reasonably expected to be notified in writing.
  5. The Client undertakes to ensure and to ensure the Products delivered under title reservation, until such Products have been fully paid, on fire, explosion and water damage as well as theft and policy of this insurance at first request.
  6. Without prejudice to the statutory right of retention, ‘We Are HELLO.’ is entitled to hold any kind of Client’s right, which has been made available to him in any title, to the full satisfaction of all ‘We Are HELLO.’ claims whatsoever, of the Client, unless the Client has given sufficient assurance in respect of that claim. The right of retention, ‘We Are HELLO.’, will also be in the event of a bankruptcy in the case of the Client.

Indemnification

  1. The Client ensures that no third party rights oppose the provision by or on behalf of the Client to ‘We Are HELLO.’ of equipment, software or materials for the purpose of use and/or processing.
  2. Client indemnifies ‘We Are HELLO.’ against any action based on the claim that making available, using or editing any third party right.
  3. Client indemnifies ‘We Are HELLO.’ for third party claims due to non-compliance by the Client with statutory rules, including the Personal Data Protection Act.
  4. The Client indemnifies ‘We Are HELLO.’ for all claims for third-party compensation for any damages caused in any way by the unlawful or inaccurate use of the Products and/or Services provided to the Client.

Liability

  1.  ‘We Are HELLO.’ is not responsible for loss, damage or modification of Customer’s data and/or data, using the Service.
  2. ‘We Are HELLO.’ is not responsible for loss, damage or modification of Customer’s premises, and/or equipment and/or personal, using the Service.
  3. ‘We Are HELLO.’ is not liable for direct or indirect or consequential damages incurred by the Client or a third party in respect of (using) the Products and/or Delivered Services, including: Stagnation in the Continuous Business Process of the Client, decreased profit, missed savings and consequential loss, in any way related to, or caused by, the performance of the work by ‘We Are HELLO.’.
  4. ‘We Are HELLO.’ is not liable for damage if and insofar as the Client has not done so that she may reasonably be required to limit her damage.
  5. ‘We Are HELLO.’ makes no warranties and is not liable for full continuous availability and malfunction of the Product.
  6. ‘We Are HELLO.’ is not liable for impaired Product Performance, loss of data or unauthorized access due to the third party’s unwillingness to disturb the Product. These include, but are not limited to: DDoS attacks, attacks of hackers and viruses.
  7. For the Product, ‘We Are HELLO.’ is dependent on third party services and/or networks, such as cable Internet or NBN and security software. ‘We Are HELLO.’ is not liable for any kind of damage or damage caused by third-party services or networks, including malfunctions and/or errors in third-party networks or infrastructure.
  1. ‘We Are HELLO.’ is not liable for any damage whatsoever due to ‘We Are HELLO.’ assuming incorrect and/or incomplete data provided by or due to the Client.
  2. All liability is about at the time of delivery of the Products. Liability for placement, installation and use is at all times with the Client. The Client is responsible for the actual fit and compatibility of the Products delivered. Should Customer not report any defects within 8 days after receipt, Products are deemed to have been received in good condition.

Force majeure

  1. Force majeure on the part of ‘We Are HELLO.’ suspends its (further) obligations under the Agreement as long as the force majeure continues. This force majeure does not suspend the obligations of the Client.
  2. Force majeure is understood to mean any of the will of ‘We Are HELLO.’ independent circumstance that temporarily or permanently prevents compliance with the Agreement and which neither should be in accordance with the law nor reasonably fair and fairness of ‘We Are HELLO.’ as well as, to the extent that not already understood: barriers caused by measures, laws or decisions of competent international or national (government) agencies, lack of commodities, work strikes, company occupation, blockade, embargo, war, unrest and similar conditions, power failure, interference ) communications lines, internet interference, network failures, fire, explosion, water damage, flooding, lightning strikes and other natural disasters and disasters, illnesses, strikes, power failure, hardware failure, third-party failure or inaccessibility of the software as well as any shortcoming of assistants and / or suppliers of ‘We Are HELLO.’ and all other causes that arise out of the guilt or risk of ‘We Are HELLO.’ . Force majeure is set aside: severely complicated.
  3. As soon as ‘We Are HELLO.’ finds a force majeure, it notifies the Client unless, due to circumstances, it cannot reasonably be required of her.
  4. If ‘We Are HELLO.’ has already partially fulfilled its obligations upon the entry into force of the force majeure, ‘We Are HELLO.’ is entitled to invoice separately already invoiced. The client is obliged to meet that invoice as if it were a separate agreement.
  5. If the force majeure for ‘We Are HELLO.’ continues for a minimum of three months, the Parties are entitled to terminate the Agreement in the meantime without regard to any notice period. Termination within the meaning of this article shall be by registered letter.

Dissolution and Suspension of the Agreement

  1. If:
    A. The client is in breach of the (timely) fulfilment of any obligation relating to the Agreement;
    B. It is assumed that the Client will not be able to fully and/or not in good time comply with a commitment to ‘We Are HELLO.’;
    C. Client in the event of bankruptcy has been declared to be under curative, has obtained a sustenance of payment or the legal debt relief scheme has been applied to the Client or has been requested to do so; Then ‘We Are HELLO.’ has the right to suspend all or part of any agreement between Client and ‘We Are HELLO.’ , whether this Agreement is to be terminated without any notice of default and without any compensation whatsoever. Suspension and dissolution are only allowed in so far as the defect justifies ‘We Are HELLO.’s opinion. Further, ‘We Are HELLO.’ is authorized to terminate the Agreement if circumstances arise that compliance with the Agreement is impossible or reasonable and fairness can no longer be required or if circumstances otherwise arise that are such that unchanged maintenance of the Agreement cannot reasonably be expected. Any Client’s obligations towards ‘We Are HELLO.’ will be due immediately upon termination or suspension. The foregoing is subject to an exception if the Client offers ‘We Are HELLO.’ sufficient security for the performance of his obligations. In case of suspension or cancellation, ‘We Are HELLO.’ is not subject to a refund and the Client is not entitled to damages.
  2. Suspension and/or dissolution do not affect the payment obligation for the work already completed. In addition, ‘We Are HELLO.’ is entitled to claim from the Client compensation for damage, costs and interests caused by the Customer’s default and the termination of the Agreement, including the income derived from ‘We Are HELLO.’.
  3. In addition to the suspension mentioned in this article, ‘We Are HELLO.’ is also entitled to deny the Client or an End User the access to the Service as well as to disable the Product.

Confidentiality

  1. ‘We Are HELLO.’ and Client is required to maintain the confidentiality of all confidential information and data they have obtained under the Agreement.
  2. The information shall be confidential if notified by the other party or as a result of the nature of the information.
  3. The confidentiality referred to in paragraph 1 shall not apply in so far as ‘We Are HELLO.’ statutory or professional regulations impose an obligation to provide information.

Complaints

  1. Complaints about the Product and/or Service should be reported to ‘We Are HELLO.’ in writing.
  2. Complaints about the invoice must be reported to ‘We Are HELLO.’ in writing within 10 business days of the invoice date.
  3. A complaint does not suspend the client’s payment obligation.
  4. If a complaint is well founded, ‘We Are HELLO.’ will still comply as agreed, unless it has already proved to be meaningless to the Client. The latter must be made known by the Client in writing.
  5. The client will provide all ‘We Are HELLO.’ for investigation of the complaint, by providing ‘We Are HELLO.’ with the opportunity to investigate or report on the nature of the complaint, including quality and/or quantity of the delivered performance.
  6. If it is found that a complaint is largely unfounded, the costs will arise, including research costs, on behalf of the Client.

Use of the service

  1. The Client acknowledges that the Intellectual Property Rights relating to the Software of the Product, hereinafter “the Software”, with ‘We Are HELLO.’ and/or its licensors.
  2. The Client is not allowed without the prior permission of ‘We Are HELLO.’ to customize, reproduce, publish, distribute, etc. the software.
  3. Subject to the provisions of Article 10 of these Terms and Conditions, the Client shall be liable for the damage suffered by ‘We Are HELLO.’ and/or a third party as a result of a legitimate defect in compliance, unauthorized action or omission of users of the Product and/or Service. Client indemnifies ‘We Are HELLO.’ against third-party claims for compensation for damage resulting from unauthorized action or omission.

Data, designs and drawings

  1. The intellectual property rights relating to ‘We Are HELLO.’ manufactured, provided or purely used for the purposes of the execution of the Agreement, shall be (remain) based on drawings, calculations, descriptions, models, tools, software, equipment, offers, reports and other materials. ‘We Are HELLO.’ or its suppliers.
  2. All information contained in the documents referred to in paragraph 1 or underlying the manufacturing and construction methods, products and the like, shall remain reserved exclusively to ‘We Are HELLO.’, regardless of whether or not it has been charged to the Client. The above information should be returned to ‘We Are HELLO.’ at its first request.
  3. The Client ensures that the information referred to in this Article, other than for the purposes of the Agreement, is copied only with the written permission of ‘We Are HELLO.’ , displayed to third parties, made known and/or used.

Intellectual property rights

  1. All intellectual property rights to Services and/or Products and the know-how rests solely with ‘We Are HELLO.’ or its licensor (s). The Client only obtains the use of rights and powers granted under these General Terms and Conditions or in the Agreement and within the limits of the license. The provision of Services and/or Products never imply any transfer of intellectual property rights.
  2. The client is not permitted to remove or modify any term of intellectual property, in the broadest sense of the word, from the Services and/or Products, including the confidentiality and confidentiality of the Services and/or Products.
  3. The Client shall not disclose, reproduce, or make available to any third party, in any manner whatsoever, the Services and/or Products in any manner whatsoever, without the prior written consent of ‘We Are HELLO.’ , except in cases where the permission from the nature of the Service and/or Product shows.
  4. ‘We Are HELLO.’ can take technical measures to protect the software. If ‘We Are HELLO.’ has thus secured the software, the Client is not allowed to (or attempt to) remove this security (or allow) it to be evaded.
  5. The Client asserts that they own or hold, at least (in time), all necessary licenses and/or licenses for all materials, data, software and/or software provided by ‘We Are HELLO.’.
  6. The client is responsible for the use and application in its organization of the Services, Products, Control and Security Procedures for adequate system management.6. The End User obtains only a non-exclusive and non-transferable use of the Services with respect to the agreed objectives.
  7. The Contractor is authorized to use the Client’s trade name and logos, as well as a shortened version of the Agreement, or an already agreed agreement, without further permission from the Client, to use for other purposes, including those of Marketing and Placement on the Contractor’s Website.

Security and privacy

  1. As far as the use of the Service involves the processing of personal data, ‘We Are HELLO.’ and the Client shall be responsible. In this capacity, ‘We Are HELLO.’ will adhere to all its legal obligations, provided ‘We Are HELLO.’ The client provides an explicit assignment. ‘We Are HELLO.’ will review this in a timely manner. The Client will inform ‘We Are HELLO.’ in writing of the improvements and the manner in which the Client performs his / her obligations under the Privacy Policy, as far as is relevant for the implementation of this Agreement. By entering into this agreement, Client instructs ‘We Are HELLO.’ to process the End User Personal Data. Other processing will only perform ‘We Are HELLO.’ on behalf of the Client or if there is a legal obligation.
  2. The Client explicitly decides to process and/or store personal data of End Users in a database for the performance of the agreement.
  3. ‘We Are HELLO.’ will only process personal data such as those disclosed to him in the context of the Service, for the purpose of performing the assignment as provided in this Agreement and respecting confidentiality.
  4. ‘We Are HELLO.’ will provide technical and organizational measures to achieve an appropriate level of security.
  5. Under the privacy regulations, the Client has obligations to the persons concerned, such as providing information, as well as giving access to, correcting and deleting personal data. The responsibility for the fulfilment of these obligations’ rests on the Client. ‘We Are HELLO.’ will co-operate with the obligations to be fulfilled by the Client.
  6. The exact terms and conditions for processing personal data must be included in a separate processing agreement.

Returns

  1. Client returns returned Products in the state where they were received by the Client (New) in the original packaging and only in agreement with and after written permission from ‘We Are HELLO.’. Each return shipment is given with reasons. The client must be able to prove the return at any time.
  2. Receiving return returns does not mean that ‘We Are HELLO.’ acknowledges the return returned by the Client. The risk of returned Products is based on the Customer until the return by ‘We Are HELLO.’ has been received.
  3. In case of non-compliance with (one of) the terms set forth in this article, ‘We Are HELLO.’ is entitled to refuse or return the return dispatch at the Client’s expense.

Software

  1. For the delivery of the software, the license or other terms of the manufacturer or supplier of ‘We Are HELLO.’ are attached to the information carrier.
  2. ‘We Are HELLO.’ does not provide any warranty as regards the software provided by the manufacturer or supplier.
  3. With regard to proprietary software, no warranty is required, unless a maintenance agreement is concluded or if maintenance fee is included in the software. In these cases, Customer may report in detail to the Contractor in accordance with the usual procedures of the Contractor. After receiving the notification, ‘We Are HELLO.’ will try to restore clear programming errors and/or make improvements to later versions of the software. The results will be made available to the Client, depending on the urgency of the ‘We Are HELLO.’, to be determined by ‘We Are HELLO.’. The contractor is entitled to provide temporary solutions or program paths or problem avoidance restrictions in the software. In the absence of explicit agreements, the Client will install, install, parameterize, tune and, if necessary, adjust the corrected software or the available new version. Unless explicitly agreed otherwise, ‘We Are HELLO.’ is not required to perform data conversion.
  4. Once the Agreement has ended, the Client may not use the Software.
  5. For a fee, ‘We Are HELLO.’ can reset the product’s factory settings. The foregoing must be agreed in writing and in writing.

Obligations of the Client

  1. Client reserves the right to prevent other persons, companies or Internet users from using the service and/or damage to the System. The Client is prohibited from initiating processes or programs, whether or not through the System, which the Client knows or reasonably suspects that such ‘We Are HELLO.’, other persons, businesses or Internet users may interfere with or cause damage.
  2. The Client is not permitted to transfer or to use third parties in their account, manual or other rights deriving from the Agreement unless explicitly authorized by ‘We Are HELLO.’.
  3. The Client hereby grants ‘We Are HELLO.’ his or her personal information in the personal registration of ‘We Are HELLO.’ which is required for its administration and management tasks. This personal registration contains both account and traffic data and is only accessible to ‘We Are HELLO.’ and is not provided to third parties unless ‘We Are HELLO.’ is required by law or by a court order.

Jurisdiction Disputes Committee and applicable law

  1. These terms and conditions will remain in effect if ‘We Are HELLO.’ changes the name, legal form or owner.

In these Terms & Conditions we, us or our means ‘We are HELLO.’, also known as ‘HELLO. WiFi’. We are registered in Australia under ABN: 46900839550

Contact us

If you have any questions regarding these Terms & Conditions, please contact us.

Alternatively, you can write to us at:

We Are HELLO.
PO Box 245
Darwin, NT
Australia

Last update: 04 March 2019