PPSA & Security Interest. 5.4.1 This clause applies to the extent that the Agreement creates or evidences a security interest in Equipment (and in proceeds of sale Equipment) including Equipment to which we retain ownership under clause 6.2, and Our Equipment, for the purposes of the Personal Property Securities Xxx 0000 (Cth) ('PPSA'). The terms 'accession,' 'perfected security interest,' 'security agreement,' 'security interest', and 'verification statement' have the meanings given them in the PPSA. 5.4.2 If we ask you, you must promptly sign any document and do anything else we reasonably require to ensure that our security interest is a perfected security interest. You must not enter into any security agreement that permits any other person to have or to register any security interest in respect of the equipment or proceeds of sale of the equipment until we have perfected our security interest. 5.4.3 If you are a business or a non-profit organisation, you acknowledge and agree that the equipment is not used predominantly for personal, domestic or household purposes and accordingly you and we agree to contract out of sections 95, 118, 121(4), 130, 132(4), 135, 142 and 143 to the extent permitted by section 115(1) of the PPSA. You waive any rights you may otherwise have to receive notices under sections 95, 118, 121, 130, 132 or 135 of the PPSA, to apply to court for an order concerning the removal of an accession under section 97 of the PPSA, to object to a proposal by us to retain any collateral under sections 130 and 135 of the PPSA, and to receive a verification statement in relation to registration events in respect of the equipment supplied to you from time to time. 5.4.4 You and we agree not to disclose information of the kind that can be requested under section 275(1) of the PPSA. You must do everything on your part necessary to ensure that section 275(6)(a) of the PPSA continues to apply. 6.1 Our responsibility and obligations: 6.1.1 We and our suppliers may perform maintenance, upgrade or repair services at any time on Our Equipment, and the infrastructure we and they use to supply the Service and will try to minimise any interruption to the Service or adverse impact on quality. 6.1.2 We provide support for use of the Service in Australia within the hours stated in the Critical Information Summary. We may agree to provide additional support services, for additional charges. 6.1.3 We are only responsible for repairing a fault in the Service which you notify to us if the fault is created or caused within Our Equipment or the infrastructure we and our suppliers use to supply the Service, up to our side of the Network Boundary. 6.1.4 If we are responsible for repairing a fault in the Service we will take reasonable steps to restore the Service as soon as we reasonably can. We aim to meet any fault repair times that we give you but (except if we have agreed otherwise with you in writing or if the law requires otherwise) those times are estimates only and we do not guarantee to meet them. If we become aware that a fault in the Service is on your side of the Network Boundary, our sole responsibility is to notify you. We may, but are not obliged to, provide additional help.
Appears in 3 contracts
Samples: Terms & Conditions, Terms & Conditions, Terms & Conditions
PPSA & Security Interest. 5.4.1 (a) This clause 5.4 applies to the extent that the Agreement SFOA creates or evidences a security interest in Equipment equipment (and in proceeds of sale Equipmentof equipment) including Equipment equipment to which we retain ownership under clause 6.25.2(g), and Our Equipment, for the purposes of the Personal Property Securities Xxx 0000 (Cth) ('‘PPSA'’). The terms '‘accession,' '’ ‘perfected security interest,' '’ ‘security agreement,' '’ ‘security interest'’, and '‘verification statement' ’ have the meanings given them in the PPSA.
5.4.2 (b) If we ask you, you must promptly sign any document and do anything else we reasonably require to ensure that our security interest is a perfected security interest. You must not enter into any security agreement that permits any other person to have or to register any security interest in respect of the equipment or proceeds of sale of the equipment until we have perfected our security interest.
5.4.3 (c) If you are a business or a non-profit organisation, you acknowledge and agree that the equipment is not used predominantly for personal, domestic or household purposes and accordingly you and we agree to contract out of sections 95, 118, 121(4), 130, 132(4), 135, 142 and 143 to the extent permitted by section 115(1) of the PPSA. You waive any rights you may otherwise have to receive notices under sections 95, 118, 121, 130, 132 or 135 of the PPSA, to apply to court for an order concerning the removal of an accession under section 97 of the PPSA, to object to a proposal by us to retain any collateral under sections 130 and 135 of the PPSA, and to receive a verification statement in relation to registration events in respect of the equipment supplied to you from time to time.
5.4.4 (d) You and we agree not to disclose information of the kind that can be requested under section 275(1) of the PPSA. You must do everything on your part necessary to ensure that section 275(6)(a) of the PPSA continues to apply.
6.1 Our responsibility and obligations:
6.1.1 (a) We and our suppliers may perform maintenance, upgrade or repair services at any time on Our Equipment, and the infrastructure we and they use to supply the Service and will try to minimise any interruption to the Service or adverse impact on quality.
6.1.2 (b) We provide remote support for use of the Service in Australia within the hours stated in the Critical Information Summary, or if not stated there, those stated on our website for the Service. We may agree to provide additional support services, for additional charges.
6.1.3 (c) We are only responsible for repairing a fault in the Service which you notify to us if the fault is created or caused within Our Equipment or the infrastructure we and our suppliers use to supply the Service, up to our side of the Network Boundary.
6.1.4 (d) If we are responsible for repairing a fault in the Service we will take reasonable steps to restore the Service as soon as we reasonably can. We aim to meet any fault repair times that we give you but (except if we have agreed otherwise with you in writing or if the law requires otherwise) those times are estimates only and we do not guarantee to meet them. If we become aware that a fault in the Service is on your side of the Network Boundary, our sole responsibility is to notify you. We may, but are not obliged to, provide additional help.
(e) You are responsible for, and must repair or arrange the repair of a fault in the Service created in or caused by Customer Equipment or on your side of the Network Boundary. You are responsible for providing all support services in respect of the Customer Equipment and infrastructure on your side of the Network Boundary.
(f) You must promptly report any fault in the Service which you reasonably believe is our responsibility, and you must make any request for other support services, by contacting our customer service team by telephone or online inquiry as stated in the Critical Information Summary, or if not stated there, those stated on our website for the Service. Before reporting a fault to us, you must try to ensure that the fault is not in the Customer Equipment or on your side of the Network Boundary.
(g) You must notify us promptly of any changes to the Customer Equipment which may be relevant to the Service.
Appears in 2 contracts
Samples: Standard Form of Agreement, Standard Form of Agreement
PPSA & Security Interest. 5.4.1 (a) This clause 5.4 applies to the extent that the Agreement creates or evidences a security interest in Equipment equipment (and in proceeds of sale Equipmentof equipment) including Equipment equipment to which we retain ownership under clause 6.25.2(g), and Our Equipment, for the purposes of the Personal Property Securities Xxx 0000 Act 2009 (Cth) ('‘PPSA'’). The terms '‘accession,' '’ ‘perfected security interest,' '’ ‘security agreement,' '’ ‘security interest'’, and '‘verification statement' ’ have the meanings given them in the PPSA.
5.4.2 (b) If we ask you, you must promptly sign any document and do anything else we reasonably require to ensure that our security interest is a perfected security interest. You must not enter into any security agreement that permits any other person to have or to register any security interest in respect of the equipment or proceeds of sale of the equipment until we have perfected our security interest.
5.4.3 (c) If you are a business or a non-profit organisation, you acknowledge and agree that the equipment is not used predominantly for personal, domestic or household purposes and accordingly you and we agree to contract out of sections 95, 118, 121(4), 130, 132(4), 135, 142 and 143 to the extent permitted by section 115(1) of the PPSA. You waive any rights you may otherwise have to receive notices under sections 95, 118, 121, 130, 132 or 135 of the PPSA, to apply to court for an order concerning the removal of an accession under section 97 of the PPSA, to object to a proposal by us to retain any collateral under sections 130 and 135 of the PPSA, and to receive a verification statement in relation to registration events in respect of the equipment supplied to you from time to time.
5.4.4 (d) You and we agree not to disclose information of the kind that can be requested under section 275(1) of the PPSA. You must do everything on your part necessary to ensure that section 275(6)(a) of the PPSA continues to apply.
6.1 Our responsibility and obligations:
6.1.1 (a) We and our suppliers may perform maintenance, upgrade or repair services at any time on Our Equipment, and the infrastructure we and they use to supply the Service and will try to minimise any interruption to the Service or adverse impact on quality.
6.1.2 (b) We provide remote support for use of the Service in Australia within the hours stated in the Critical Information Summary, or if not stated there, those stated on our website for the Service. We may agree to provide additional support services, for additional charges.
6.1.3 (c) We are only responsible for repairing a fault in the Service which you notify to us if the fault is created or caused within Our Equipment or the infrastructure we and our suppliers use to supply the Service, up to our side of the Network Boundary.
6.1.4 (d) If we are responsible for repairing a fault in the Service we will take reasonable steps to restore the Service as soon as we reasonably can. We aim to meet any fault repair times that we give you but (except if we have agreed otherwise with you in writing or if the law requires otherwise) those times are estimates only and we do not guarantee to meet them. If we become aware that a fault in the Service is on your side of the Network Boundary, our sole responsibility is to notify you. We may, but are not obliged to, provide additional help.
(e) You are responsible for, and must repair or arrange the repair of a fault in the Service created in or caused by Customer Equipment or on your side of the Network Boundary. You are responsible for providing all support services in respect of the Customer Equipment and infrastructure on your side of the Network Boundary.
(f) You must promptly report any fault in the Service which you reasonably believe is our responsibility, and you must make any request for other support services, by contacting our customer service team by telephone or online inquiry as stated in the Critical Information Summary, or if not stated there, those stated on our website for the Service. Before reporting a fault to us, you must try to ensure that the fault is not in the Customer Equipment or on your side of the Network Boundary.
(g) You must notify us promptly of any changes to the Customer Equipment which may be relevant to the Service.
Appears in 1 contract
Samples: General Terms and Conditions
PPSA & Security Interest. 5.4.1 (a) This clause 5.4 applies to the extent that the Agreement SFOA creates or evidences a security interest in Equipment equipment (and in proceeds of sale Equipmentof equipment) including Equipment equipment to which we retain ownership under clause 6.25.2(g), and Our Equipment, for the purposes of the Personal Property Securities Xxx 0000 (Cth) ('‘PPSA'’). The terms '‘accession,' '’ ‘perfected security interest,' '’ ‘security agreement,' '’ ‘security interest'’, and '‘verification statement' ’ have the meanings given them in the PPSA.
5.4.2 (b) If we ask you, you must promptly sign any document and do anything else we reasonably require to ensure that our security interest is a perfected security interest. You must not enter into any security agreement that permits any other person to have or to register any security interest in respect of the equipment or proceeds of sale of the equipment until we have perfected our security interest.
5.4.3 (c) If you are a business or a non-profit organisation, you acknowledge and agree that the equipment is not used predominantly for personal, domestic or household purposes and accordingly you and we agree to contract out of sections 95, 118, 121(4), 130, 132(4), 135, 142 and 143 to the extent permitted by section 115(1) of the PPSA. You waive any rights you may otherwise have to receive notices under sections 95, 118, 121, 130, 132 or 135 of the PPSA, to apply to court for an order concerning the removal of an accession under section 97 of the PPSA, to object to a proposal by us to retain any collateral under sections 130 and 135 of the PPSA, and to receive a verification statement in relation to registration events in respect of the equipment supplied to you from time to time.
5.4.4 (d) You and we agree not to disclose information of the kind that can be requested under section 275(1) of the PPSA. You must do everything on your part necessary to ensure that section 275(6)(a) of the PPSA continues to apply.
6.1 Our responsibility and obligations:
6.1.1 (a) We and our suppliers may perform maintenance, upgrade or repair services at any time on Our Equipment, and the infrastructure we and they use to supply the Service and will try to minimise any interruption to the Service or adverse impact on quality.
6.1.2 (b) We provide remote support for use of the Service in Australia within the hours stated in the Critical Information Summary, or if not stated there, those stated on our website for the Service. We may agree to provide additional support services, for additional charges.
6.1.3 (c) We are only responsible for repairing a fault in the Service which you notify to us if the fault is created or caused within Our Equipment or the infrastructure we and our suppliers use to supply the Service, up to our side of the Network Boundary.
6.1.4 (d) If we are responsible for repairing a fault in the Service we will take reasonable steps to restore the Service as soon as we reasonably can. We aim to meet any fault repair times that we give you but (except if we have agreed otherwise with you in writing or if the law requires otherwise) those times are estimates only and we do not guarantee to meet them. If we become aware that a fault in the Service is on your side of the Network Boundary, our sole responsibility is to notify you. We may, but are not obliged to, provide additional help.
(e) You are responsible for, and must repair or arrange the repair of a fault in the Service created in or caused by Customer Equipment or on your side of the Network Boundary. You are responsible for providing all support services in respect of the Customer Equipment and infrastructure on your side of the Network Boundary. You must promptly report any fault in the Service which you reasonably believe is our responsibility, and you must make any request for other support services, by contacting our customer service team by telephone or online inquiry as stated in the Critical Information Summary, or if not stated there, those stated on our website for the Service. Before reporting a fault to us, you must try to ensure that the fault is not in the Customer Equipment or on your side of the Network Boundary.
Appears in 1 contract
Samples: Standard Form of Agreement
PPSA & Security Interest. 5.4.1 (a) This clause 5.4 applies to the extent that the Agreement creates or evidences a security interest in Equipment equipment (and in proceeds of sale Equipmentof equipment) including Equipment equipment to which we retain ownership under clause 6.25.2(g), and Our Equipment, for the purposes of the Personal Property Securities Xxx 0000 (Cth) ('‘PPSA'’). The terms '‘accession,' '’ ‘perfected security interest,' '’ ‘security agreement,' '’ ‘security interest'’, and '‘verification statement' ’ have the meanings given them in the PPSA.
5.4.2 (b) If we ask you, you must promptly sign any document and do anything else we reasonably require to ensure that our security interest is a perfected security interest. You must not enter into any security agreement that permits any other person to have or to register any security interest in respect of the equipment or proceeds of sale of the equipment until we have perfected our security interest.
5.4.3 (c) If you are a business or a non-profit organisation, you acknowledge and agree that the equipment is not used predominantly for personal, domestic or household purposes and accordingly you and we agree to contract out of sections 95, 118, 121(4), 130, 132(4), 135, 142 and 143 to the extent permitted by section 115(1) of the PPSA. You waive any rights you may otherwise have to receive notices under sections 95, 118, 121, 130, 132 or 135 of the PPSA, to apply to court for an order concerning the removal of an accession under section 97 of the PPSA, to object to a proposal by us to retain any collateral under sections 130 and 135 of the PPSA, and to receive a verification statement in relation to registration events in respect of the equipment supplied to you from time to time.
5.4.4 (d) You and we agree not to disclose information of the kind that can be requested under section 275(1) of the PPSA. You must do everything on your part necessary to ensure that section 275(6)(a) of the PPSA continues to apply.
6.1 Our responsibility and obligations:
6.1.1 We and our suppliers may perform maintenance, upgrade or repair services at any time on Our Equipment, and the infrastructure we and they use to supply the Service and will try to minimise any interruption to the Service or adverse impact on quality.
6.1.2 We provide support for use of the Service in Australia within the hours stated in the Critical Information Summary. We may agree to provide additional support services, for additional charges.
6.1.3 We are only responsible for repairing a fault in the Service which you notify to us if the fault is created or caused within Our Equipment or the infrastructure we and our suppliers use to supply the Service, up to our side of the Network Boundary.
6.1.4 If we are responsible for repairing a fault in the Service we will take reasonable steps to restore the Service as soon as we reasonably can. We aim to meet any fault repair times that we give you but (except if we have agreed otherwise with you in writing or if the law requires otherwise) those times are estimates only and we do not guarantee to meet them. If we become aware that a fault in the Service is on your side of the Network Boundary, our sole responsibility is to notify you. We may, but are not obliged to, provide additional help.
Appears in 1 contract
Samples: General Terms and Conditions
PPSA & Security Interest. 5.4.1 This clause applies to the extent that the Agreement creates or evidences a security interest in Equipment (and in proceeds of sale Equipment) including Equipment to which we retain ownership under clause 6.2, and Our Equipment, for the purposes of the Personal Property Securities Xxx 0000 Act 2009 (Cth) ('PPSA'). The terms 'accession,' 'perfected security interest,' 'security agreement,' 'security interest', and 'verification statement' have the meanings given them in the PPSA.
5.4.2 If we ask you, you must promptly sign any document and do anything else we reasonably require to ensure that our security interest is a perfected security interest. You must not enter into any security agreement that permits any other person to have or to register any security interest in respect of the equipment or proceeds of sale of the equipment until we have perfected our security interest.
5.4.3 If you are a business or a non-profit organisation, you acknowledge and agree that the equipment is not used predominantly for personal, domestic or household purposes and accordingly you and we agree to contract out of sections 95, 118, 121(4), 130, 132(4), 135, 142 and 143 to the extent permitted by section 115(1) of the PPSA. You waive any rights you may otherwise have to receive notices under sections 95, 118, 121, 130, 132 or 135 of the PPSA, to apply to court for an order concerning the removal of an accession under section 97 of the PPSA, to object to a proposal by us to retain any collateral under sections 130 and 135 of the PPSA, and to receive a verification statement in relation to registration events in respect of the equipment supplied to you from time to time.
5.4.4 You and we agree not to disclose information of the kind that can be requested under section 275(1) of the PPSA. You must do everything on your part necessary to ensure that section 275(6)(a) of the PPSA continues to apply.
6.1 Our responsibility and obligations:
6.1.1 We and our suppliers may perform maintenance, upgrade or repair services at any time on Our Equipment, and the infrastructure we and they use to supply the Service and will try to minimise any interruption to the Service or adverse impact on quality.
6.1.2 We provide support for use of the Service in Australia within the hours stated in the Critical Information Summary. We may agree to provide additional support services, for additional charges.
6.1.3 We are only responsible for repairing a fault in the Service which you notify to us if the fault is created or caused within Our Equipment or the infrastructure we and our suppliers use to supply the Service, up to our side of the Network Boundary.
6.1.4 If we are responsible for repairing a fault in the Service we will take reasonable steps to restore the Service as soon as we reasonably can. We aim to meet any fault repair times that we give you but (except if we have agreed otherwise with you in writing or if the law requires otherwise) those times are estimates only and we do not guarantee to meet them. If we become aware that a fault in the Service is on your side of the Network Boundary, our sole responsibility is to notify you. We may, but are not obliged to, provide additional help.
Appears in 1 contract
Samples: Terms & Conditions
PPSA & Security Interest. 5.4.1 (a) This clause 5.4 applies to the extent that the Agreement this SFOA creates or evidences a security interest in Equipment equipment (and in proceeds of sale Equipmentof equipment) including Equipment equipment to which we We retain ownership under clause 6.25.2(g), and Our Equipment, for the purposes of the Personal Property Securities Xxx 0000 Act 2009 (Cth) ('‘PPSA'’). The terms '‘accession,' '’ ‘perfected security interest,' '’ ‘security agreement,' '’ ‘security interest'’, and '‘verification statement' ’ have the meanings given them in the PPSA.
5.4.2 (b) If we We ask youYou, you You must promptly sign any document and do anything else we We reasonably require to ensure that our security interest is a perfected security interest. You must not enter into any security agreement that permits any other person to have or to register any security interest in respect of the equipment or proceeds of sale of the equipment until we We have perfected our security interest.
5.4.3 (c) If you You are a business or a non-profit organisation, you You acknowledge and agree that the equipment is not used predominantly for personal, domestic or household purposes and accordingly you You and we We agree to contract out of sections 95, 118, 121(4), 130, 132(4), 135, 142 and 143 to the extent permitted by section 115(1) of the PPSA. You waive any rights you You may otherwise have to receive notices under sections 95, 118, 121, 130, 132 or 135 of the PPSA, to apply to court for an order concerning the removal of an accession under section 97 of the PPSA, to object to a proposal by us to retain any collateral under sections 130 and 135 of the PPSA, and to receive a verification statement in relation to registration events in respect of the equipment supplied to you You from time to time.
5.4.4 (d) You and we We agree not to disclose information of the kind that can be requested under section 275(1) of the PPSA. You must do everything on your Your part necessary to ensure that section 275(6)(a) of the PPSA continues to apply.
6.1 Our responsibility and obligations:
6.1.1 We and our suppliers may perform maintenance, upgrade or repair services at any time on Our Equipment, and the infrastructure we and they use to supply the Service and will try to minimise any interruption to the Service or adverse impact on quality.
6.1.2 We provide support for use of the Service in Australia within the hours stated in the Critical Information Summary. We may agree to provide additional support services, for additional charges.
6.1.3 We are only responsible for repairing a fault in the Service which you notify to us if the fault is created or caused within Our Equipment or the infrastructure we and our suppliers use to supply the Service, up to our side of the Network Boundary.
6.1.4 If we are responsible for repairing a fault in the Service we will take reasonable steps to restore the Service as soon as we reasonably can. We aim to meet any fault repair times that we give you but (except if we have agreed otherwise with you in writing or if the law requires otherwise) those times are estimates only and we do not guarantee to meet them. If we become aware that a fault in the Service is on your side of the Network Boundary, our sole responsibility is to notify you. We may, but are not obliged to, provide additional help.
Appears in 1 contract
Samples: Standard Form of Agreement