Provision of Goods

1) Overview

Industry Compete Pty Ltd (ACN: 627 518 932) (referred to as "Leads Reacher") provides information technology goods and services, including but not limited to:

• Licensed software and/or firmware products
• Customised software and application solutions
• Managed services and infrastructure services
• Systems integration and project services
• Equipment, hardware and software procurement, leasing, or loan
• Cloud services

These General Terms and Conditions govern how Industry Compete Pty Ltd (Leads Reacher) supplies goods and/or services unless otherwise agreed in writing.

2) Parties to the Agreement

• Company: Industry Compete Pty Ltd (Leads Reacher) ("we", "us", "our"), including our employees, partners, agents, contractors and representatives.
• Customer: The customer/client named in our quotation and agreement documentation ("you", "your").

3) Business Terms

These terms apply to all goods and/or services we provide and prevail over any purchase order or other documentation from you, unless we agree otherwise in writing.

Agreement Terms

1) Overview

• Goods and/or services are described in specific Agreement Terms.
• Each Agreement Term sets out scope, fees, and any special conditions.
• Goods and/or services may include software designed, developed, and delivered to you with associated licence fees.

2) Goods and/or Services Contract

• A binding contract is created when you accept an Industry Compete Pty Ltd (Leads Reacher) quotation in writing. The contract comprises:
  • Any specific/special conditions in the Agreement Terms
  • The Agreement Terms
  • The Industry Compete Pty Ltd (Leads Reacher) quotation
  • These General Terms and Conditions
• Each goods and/or services contract is separate and independent.
• Order of priority in case of conflict: special conditions > Agreement Terms > quotation > these General Terms.

4) Refund Policy

• Payments are strictly non-refundable.
• Payments made in error (e.g., duplicate or incorrect amount) will be refunded to the original payment method.
• Approved refunds will be issued as a credit note for future services unless a refund to the original payment method is expressly agreed in writing by Industry Compete Pty Ltd (Leads Reacher).
• Refunds are not provided for:
  • Change of mind after commencement of work,
  • Delays caused by the customer's unresponsiveness or failure to provide required materials, or
  • Services already delivered or substantially completed.
• This Refund Policy applies to all payments made to Industry Compete Pty Ltd (Leads Reacher), unless superseded by specific written agreement. By submitting payment, you acknowledge and accept these terms.

5) Subscription Cancellation Policy

• Notice period: Monthly subscriptions and other recurring services require a minimum of 30 days' prior written notice to cancel.
• Final invoice: After valid cancellation notice is received, you will receive one final invoice covering all fees payable through the end of the applicable notice/billing period, plus any outstanding usage or charges.
• Access rights: Your plan and included features remain available until the last day of the final billing period. Access will then cease unless a new agreement is in place.

6) Expenses

• You must reimburse out-of-pocket expenses where:
  • They were approved in writing; and
  • We provide reasonable evidence substantiating the expense.

7) Invoicing and Payment

• We invoice per any payment schedule in the Agreement Terms, per the authorised quotation, or in advance where applicable.
• Invoices are due by the due date shown, or within 14 days if not specified.
• Invoices include applicable taxes and charges where appropriate.
• Late invoicing does not waive our right to payment for work completed or services provided.
• If payment is overdue, we may:
  • Charge interest at 2.5% per calendar month (calculated daily)
  • Withhold further goods and/or services
  • Recover reasonable costs (including legal costs) incurred in collection

8) Termination

• We may terminate immediately by written notice if:
  • Amounts due remain unpaid 14 days after the time for payment
  • You breach these terms and fail to remedy within 14 days of notice
  • You cease or threaten to cease business
  • The contract otherwise becomes terminable with reasonable cause
• On termination, we may access your premises to recover unpaid equipment/hardware/software; this permission is irrevocable.
• We are not liable for costs, damages, or losses arising from actions taken under this clause.
• Either party may terminate if the other becomes insolvent.

9) Termination for Non-Performance

• You may terminate if we breach the agreement and fail to remedy within 14 days after written notice specifying the breach.
• No termination fee applies in that circumstance.
• Termination does not affect accrued rights; monies paid may be retained.

10) Third-Party Charges

• Third-party charges may apply as specified in Agreement Terms/quotation.
• We may increase fees if third-party charges increase (with notice).
• You are responsible for third-party charges arising from your use unless we state otherwise in writing.

11) Delivery of Goods and/or Services

• Provided during normal business hours (8:00--18:00 Melbourne, Mon--Fri, excl. public holidays) unless otherwise agreed.
• Delivered at the location specified in the Agreement Terms or a suitable location we determine.
• Performed by appropriately skilled and qualified personnel.
• We do not warrant uninterrupted services. Where service levels are specified, credits/rebates (if any) are your sole remedy.

12) Access

• You agree to provide reasonable and timely access (premises, systems, data, personnel) so we can fulfil our obligations.
• We are not responsible for delays caused by lack of access.

13) Your Obligations

• Follow our reasonable lawful directions.
• Provide a safe working environment for our personnel and representatives.
• Comply with all applicable laws, policies, and guidelines.
• Ensure incumbents transition required information/resources promptly.
• Maintain regular and complete backups of your data and information.

14) Equipment / Hardware Supply

• Risk passes on delivery; you must insure at full value from that time.
• Title remains with us until all amounts are paid in cleared funds.
• Do not sell/assign/encumber until paid in full.
• Manufacturer warranties may be assigned where possible and permitted.
• You are responsible for use/operation/maintenance unless agreed otherwise.

15) Equipment / Hardware Leasing

• Leased equipment is owned by us; use per manufacturer instructions and our reasonable directions.
• Insure at full replacement value; keep safe and secure.
• Return leased equipment (and accessories) at lease end unless lease-to-buy applies.
• Loss/damage does not relieve your obligation to pay fees.
• We may retake possession if you breach; you authorise entry for this purpose.

16) Loan Equipment / Hardware

• Loaned equipment remains our property, is for receiving our services, and must be kept secure.
• Notify us promptly of any loss, damage, or theft; you may be liable for replacement cost less any insurance recovery.

17) Inspection & Insurance of Equipment

• Allow reasonable access for inspection of leased/loaned equipment.
• We may trace and receive sale/insurance proceeds if our equipment is disposed of or a claim is made.
• You must reimburse our reasonable costs in exercising these rights.

18) Software

• Where we supply/develop/license our software:
  • We warrant substantial conformity with outlined design during the warranty period.
  • We will use reasonable efforts to correct defects reported during warranty where the software is used as designed, not modified by others, and your environment/obligations remain compliant.

25) Warranty and Indemnity

• You warrant you have not relied on representations not expressly stated in these terms.
• You indemnify us (and our personnel/representatives) against loss or liability reasonably incurred arising from your breach or wilful/unlawful/negligent acts or omissions.

26) Notices

• Notices must be in writing from an authorised representative and sent to the recipient's service address (which may include a nominated email address).

Other Matters

• We act as an independent contractor.
• We may subcontract with your prior consent (not to be unreasonably withheld).
• We may assign/novate our rights/obligations; you require our prior written consent to assign yours (not to be unreasonably withheld).
• No waiver by overlooking a breach.
• If any term is invalid/unenforceable, the remainder remains effective (severance applies as needed).
• Force majeure applies to events beyond reasonable control.
• These documents form the entire agreement for the specified goods/services; modifications must be in writing and executed by both parties.

27) Applicable Law and Disputes

This agreement is governed by the laws of the State of Victoria, Australia.

28) Modern Slavery Statement

By using or accessing Industry Compete Pty Ltd (Leads Reacher) services you agree to be bound by Industry Compete's modern slavery policy. Please read the modern slavery statement before using this Website. If you do not agree to our modern slavery statement, do not use the website or our services.

The latest version of our modern slavery statement can be downloaded from here