SecurePay

Authorize.Net Logo C Class Hosting

Terms and Conditions

Terms and Conditions of Sale, Service and Technical Support ("Terms and Conditions")

1. DEFINITIONS

"Tieline" means the Tieline Technology Pty Ltd and Tieline America LLC. subsidiary company selling products to the Customer as identified in Tieline's Quotation or Invoice.

"Customer" means the person or legal entity identified in Tieline's Quotation or Invoice.

"Contract" means a contract for sale by Tieline to the Customer of the products and/or services incorporating these Terms and Conditions.

"Tieline-branded" means hardware and software products that are marked with the "Tieline" brand, including all standard components and accessories thereof, but does not include any accessories or parts that are not installed in the Tieline factory; 
Third Party Hardware, Software and Peripheral products;

"Order Confirmation" means formal acknowledgement of Product ordered by Customer, sent by Tieline.

"Price" means the price as per Tieline Quotation and Order Confirmation and the latter shall have precedence.

"Product(s)" means the products as described in Order Confirmation and may include Tieline-branded products, third party products and Service Offerings

"Service Offering (s)" means the different service options offered by Tieline for the Products or any part of them and for varying periods, as described in Tieline's published literature, including but not limited to Tieline's Invoice and/or Tieline's Service Description.

"Third Party Products" means products other than Tieline-branded.

2. FORMATION OF CONTRACT

2.1 No Contract shall come into existence until the Customer's order has been accepted by Tieline and such acceptance has been received by the customer. The Contract shall be deemed to be concluded at the time and place where such acceptance is received by the Customer.

2.2 The Products sold and/or services rendered are subject to these Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by these Terms and Conditions. Neither Tieline's acknowledgment of a purchase order nor it's failure to object to conflicting, different, or additional terms and conditions in a purchase order shall be deemed an acceptance of such terms and conditions or a waiver of the provisions hereof.

3. ORDERS, PRICE AND PAYMENT

3.1 Unless credit terms have been expressly agreed by Tieline, payment for the Products and/or services shall be made in full before physical delivery of the Products and/or services.

3.2 The Customer shall pay for all shipping and handling charges.

3.3 The Customer shall bear all country, provincial, government, state and local sales, use, goods and services, value added, excise, privilege and similar levies/taxes.

3.4 Time for payment is of the essence. Tieline reserves the right to charge interest at the rate of 2% above the base commercial floating rate for National Australia Bank in Sydney, New South Wales.

4. SOFTWARE

4.1 All software provided is subject to the terms and conditions of the license agreement relating to that software. Customer acknowledges its obligations to abide by such license agreements. Customer acknowledges that Tieline does not warrant any software under these Terms and Conditions. In addition to any rights the Customer may have under statute, all software is warranted in accordance with the license agreement that governs its use.

4.2 All rights, title or interest in respect of the intellectual property rights in the software remain with Tieline or the licensor of the software at all times.

5. TITLE AND RISK

Title to and risk in the Products shall pass to the Customer upon delivery of the Products to Customer when pain in full. Title to those products, which are software, shall remain with the applicable licensor(s) at all times.

6. DELIVERY

6.1 Tieline shall deliver the Products to the place of delivery designated by the Customer and agreed to by Tieline.

6.2 Tieline may, at its discretion, deliver the Products by installments in any sequence. Where the Products are so delivered by installments, each installments shall be deemed to be the subject of a separate contract and no default or failure by Tieline in respect of any one or more installments shall vitiate the Contract in respect of Products previously delivered or undelivered Products.

6.3 Any dates quoted by Tieline for the delivery of the Products are approximate only and shall not form part of the Contract. Tieline shall not be liable for any delay in delivery of the Products and/or services, howsoever caused.

6.4 Tieline may revise and/or discontinue products at any time without notice as part of Tieline's policy of on-going product up-date and revision. Revised or updated products will have the functionality and performance of the products ordered. The Customer accepts that Tieline's policy may result in differences between the specification of products delivered to the Customer and the specification of products ordered

7. ACCEPTANCE OF PRODUCTS

7.1 Unless the Customer notifies Tieline to the contrary on the day of delivery and such notification is confirmed in writing within fourteen (14) days, the Products shall be deemed to have been accepted by the Customer as being in good condition and in accordance with the Contract. The Customer shall not be entitled to withhold payment of all or any of the Price of the Products whilst any claim is being investigated by Tieline.

7.2 New Tieline-branded Products (excluding Tieline co-branded products) purchased under these Terms and Conditions directly from Tieline by an end-user Customer may be returned by Customer up to fourteen (14) days from the date of the invoice for a replacement, refund or credit of the purchase price in accordance with Tieline's "Return Policy" in effect in Australia on the date of the invoice. The refund or credit will not include any shipping and handling charges forming part of the purchase price. Products returned under Tieline's "Return Policy" must be received by Tieline in as-new or as-shipped-by-Tieline condition, including conformance to invoiced specification, and all of the manuals, diskettes, CDs, power cables and other items included with a Product must be returned with it.

8. WARRANTY

8.1 Unless specified otherwise and in addition to any rights the Customer may have under statute, Tieline warrants to the Customer that Tieline branded products will from invoice date be free from defects in materials and workmanship affecting normal use for a period of one (1) year or such other period as may be set out in Tieline's invoice.("Standard Warranty" And "Relevant Warranty" period as appropriate).

8.2 This Standard Warranty or Relevant Warranty does not cover damage, fault, failure or malfunction due to external causes, including accident, abuse, misuse, problems with electrical power, servicing not authorized by Tieline, usage and/or storage and/or installation not in accordance with product instructions, failure to perform required preventive maintenance, normal wear and tear, act of God, fire, flood, war, act of violence or any similar occurrence; Products with missing or altered Service Tags or serial numbers; any attempt by any person other than Tieline personnel or any person authorised by Tieline, to adjust, repair or support the Products and problems caused by use of parts and components not supplied by Tieline.

8.3 The Standard Warranty or Relevant Warranty does not cover any items that are in one or more of the following categories: 3rd party software; external devices; accessories or parts added to the Product after the Product is shipped from Tieline; accessories or parts that are not installed in the Tieline factory; or Third Party Products purchased from Tieline but not manufactured by tieline.

8.4 Subject to clause 9 below, during the Standard Warranty or Relevant Warranty period as the case may be and beginning on the invoice date, Tieline will repair or replace Tieline Manufactured Products returned to Tieline's facility. Customer must prepay shipping and transportation charges, and insure the shipment or accept the risk of loss or damage during such shipment

8.5 While not affecting any non-excludable warranty or guarantee implied by law, Tieline does not give any warranty that the Products are fit for any particular purpose and this Standard Warranty is given in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade usage, course of dealing or otherwise including warranties or conditions of merchantability, fitness for purpose, satisfactory quality and/or compliance with description, all of which are hereby excluded to the fullest extent permitted by law.

8.6 The Customer agrees that to the extent permitted by law, in relation to Third Party Products purchased through Tieline, where such of the Third Party Products are covered by a relevant manufacturer's warranty, then the Customer will first make a claim against the manufacturer and shall utilise that warranty for the support of such Third Party Products and in any event not look to Tieline but shall look to the relevant manufacturer for such warranty support in the first instance.

9. SERVICE AND TECHNICAL SUPPORT

Tieline will provide general service and technical support to the Customer in accordance with the then-current service and technical support policies in effect. Service and support offerings may vary from product to product. If Customer purchases optional services and support as listed on Tieline's invoice, Tieline will provide the optional service and support to Customer in accordance with the then-current terms and conditions in the optional service contract between Tieline and Customer in addition to the Standard Warranty or Relevant Warranty. Tieline may, at its discretion, revise its general and optional service and support programs and the terms and conditions that govern them. Tieline has no obligation to provide service or support until Tieline has received full payment for the Product or service/support contract for which service or support is requested.

10. LIABILITY

10.1 Tieline shall not be liable in contract or in tort for any loss or damage suffered and consumer rights are limited to those set out in these Terms and Conditions and under statute.

10.2 To the extent permitted by law and subject to clause 10.6, Tieline's total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products and/or services under these Terms and Conditions.

10.3 The Customer shall indemnify Tieline and keep Tieline fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the Customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.

10.4 To the extent permitted by law, Tieline and Customer agree that Tieline will not be liable for Products not being available for use, or for data or software which is lost, corrupted, deleted or altered. Tieline shall not be liable to the Customer for any incidental, indirect, special or consequential damages b) loss of opportunity, c) loss of revenue, d) loss of profit or anticipated profit, e) loss of business f) loss of contracts, g) loss of goodwill, h) loss arising out of business interruption, i) loss arising out of or in connection with pollution of contamination arising out of or in connection with the purchase, use or performance of Products or services, even if Tieline has been advised of their possibility.

10.5 To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by Tieline shall be subject to correction without any liability on the part of Tieline.

10.6 Where implied conditions and warranties cannot be excluded, Tieline's liability for breach of such conditions and warranties shall be limited, at Tieline's option, to :
(a) in the case of Products, the replacement of the Products or the supply of equivalent Products; the repair of such Products; the payment of the cost of replacing the Products or of acquiring equivalent Products; or the payment of the cost of having the Products repaired; OR
(b) in the case of services, the supplying of services again; or the payment of the cost of having services supplied again.

11. FORCE MAJEURE

Neither party shall be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party shall be entitled to a reasonable extension of time for the performance of such obligations.

12. EXPORT RESTRICTIONS

Each party, at its own expense, will comply with all applicable laws, orders and regulations of any governmental authority with jurisdiction over its activities in connection with these Terms and Conditions and any Contract. Each party will furnish to the other party any information required to enable the other party to comply with applicable laws and regulations related to the Products. Tieline and Customer acknowledge that Products licensed or sold under any Contract are subject to export control laws and regulations, including those of the countries from which they were supplied and in which they are used and agrees to abide by those laws and regulations. Products purchased under any Contract may not be sold, leased or otherwise transferred to restricted end-users or to restricted countries. In addition, the Products may not be sold, leased or otherwise transferred to, or utilized by, an end-user engaged in activities related to weapons of mass destruction, including but not necessarily limited to, activities related to the design, development, production or use of nuclear materials, nuclear facilities, or nuclear weapons, missiles or support of missile projects, or chemical or biological weapons. The Customer and Tieline agree to comply with all applicable export laws, regulations and orders. In addition, each party agrees to indemnify, defend and hold the other harmless from any claims, demands or causes of action against the other due to the indemnifying party's violation or alleged violation of the applicable export laws, regulations and orders.

13. Acceptance of Contract Terms

If you pay for the products it is deemed that you have accepted these terms and conditions.

14. GENERAL

14.1 The Customer shall not assign or otherwise transfer any Contracts or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of Tieline. Any such unauthorized assignment shall be deemed null and void.

14.2 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.

143 No Waiver No failure or delay on Tieline's part in exercising any power or right under this Agreement operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right

15. 14 Day No Risk Money Back Guarantee Terms & Conditions

You must contact us by telephone or at support@tieline.com within 14 calendar days from the date of your purchase invoice and request approval to return your codecs for a refund. A returns authorization will be given to you in writing. Requests outside the 14 day limit from invoice will not be entitled to a refund.

Tieline operates two warehouses. Indianapolis, Indiana USA and Perth, Western Australia. Your Bridge-IT will be shipped from one of these two locations and you are responsible for all costs in returning the codecs to the warehouse from which it was originally shipped. We will instruct you how, and your return shipment back to Tieline must include the written “return for refund authorization” supplied by Tieline plus all manuals, CD’s, power supplies and documentation supplied by us. Once we have received your returned codecs we will process your refund request. Please allow up to 14 days to receive the refund.

The refund amount shall be only the invoice price of the Bridge-IT Codecs you paid to Tieline excluding any freight, government statutory charges,  taxes and duties.

Refund does not include:

  1. any 3rd party accessories (not manufactured by Tieline) purchased with the codec unless they were delivered incorrectly by Tieline. 
  2. any expenses you incurred to receive, test or return the Tieline Bridge-IT to Tieline’s warehouse.
  3. Any bank charges incurred by you or by Tieline to transfer money to your account.

Tieline reserves the right to refuse or reduce the refund if the codecs are not returned in a saleable condition in original packaging with all the correct items in the package.