Terms and conditions

These Terms apply to, and are incorporated into, every Quotation issued by NSN Infotech and every Contract formed on acceptance of a Quotation. By accepting a Quotation in accordance with clause 3, the Customer accepts these Terms.

These Terms, together with the Quotation to which they relate, constitute the entire agreement between NSN Infotech and the Customer in relation to the supply described in that Quotation, and supersede all prior discussions, representations, and understandings, whether written or oral.

These Terms prevail over, and NSN Infotech does not accept, any terms and conditions the Customer seeks to impose or incorporate (including any terms printed on, delivered with, or referred to in a purchase order, order acknowledgement, or other document issued by the Customer), whether or not such terms are inconsistent with these Terms, unless NSN Infotech expressly agrees otherwise in writing signed by a director of NSN Infotech.

No variation of these Terms is binding unless it is in writing and signed by a director of NSN Infotech. No conduct, statement, quotation, or course of dealing by NSN Infotech constitutes a variation of these Terms.

If there is any inconsistency between the body of these Terms and a Quotation, these Terms prevail, except in relation to the description of the goods and services, the price, and the delivery arrangements, where the Quotation prevails.

Relationship with a Managed Services Agreement. Where the Customer has entered into a Managed Services Agreement or other signed services agreement with NSN Infotech, that agreement continues to govern the managed information technology services described in it, and these Terms govern the supply of Goods and any ad-hoc project or professional services quoted to the Customer that fall outside the scope of that agreement. If a Quotation covers a supply that is expressly dealt with by that agreement, that agreement prevails to the extent of any inconsistency in relation to that supply; in all other respects, these Terms govern the supply quoted.

Definitions. In these Terms, unless the context otherwise requires:

1. (a)“ACL” means the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth);
2. (b)“Business Day” means a day other than a Saturday, Sunday, or public holiday in New South Wales;
3. (c)“Confidential Information” has the meaning given in clause 15.1;
4. (d)“Contract” means a contract for the supply of Goods and/or Services formed between NSN Infotech and the Customer on acceptance of a Quotation in accordance with clause 3, incorporating these Terms;
5. (e)“Customer” means the person, business, or entity named on the Quotation, or who accepts a Quotation, or to whom NSN Infotech supplies Goods or Services;
6. (f)“Customer Data” means all data, information, and material owned, held, or controlled by the Customer that is accessed, processed, or stored by NSN Infotech in connection with a supply;
7. (g)“Deliverables” means any reports, configurations, scripts, documentation, or other materials created by NSN Infotech specifically for the Customer in the course of providing the Services;
8. (h)“GST” has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
9. (i)“Goods” means any hardware, equipment, devices, or other goods described in a Quotation and supplied by NSN Infotech to the Customer, including computers, servers, firewalls, switches, and wireless access points;
10. (j)“Licences” means any software, cloud, or subscription licences (including Microsoft 365 licences) resold or provisioned by NSN Infotech to the Customer;
11. (k)“PPSA” means the Personal Property Securities Act 2009 (Cth);
12. (l)“Price” means the price for the Goods, Services, and/or Licences set out in the Quotation, exclusive of GST unless stated otherwise;
13. (m)“Quotation” means a written quotation, proposal, or estimate issued by NSN Infotech to the Customer for the supply of Goods, Services, and/or Licences, incorporating these Terms;
14. (n)“Services” means the information technology services described in a Quotation and supplied by NSN Infotech to the Customer, including project work, installation, configuration, migration, and consulting services; and
15. (o)“Terms” means these Standard Terms and Conditions of Supply, as amended from time to time in accordance with clause 1.4.

Interpretation. In these Terms, unless the context otherwise requires: headings are for convenience only and do not affect interpretation; the singular includes the plural and vice versa; a reference to a person includes a body corporate; a reference to a Party includes its successors and permitted assigns; a reference to legislation includes regulations made under it and amendments to it; a reference to “$” or “dollars” is to Australian dollars; the word “including” means “including without limitation”; and where the Customer comprises more than one person, each is bound jointly and severally.

A Quotation is an invitation to the Customer to place an order on these Terms and is not an offer capable of acceptance that binds NSN Infotech until NSN Infotech confirms acceptance of the Customer’s order in accordance with clause 3.4.

Unless stated otherwise on its face, a Quotation is valid for fourteen (14) days from its date, after which it lapses and may be withdrawn, varied, or re-quoted by NSN Infotech at any time.

A Quotation is based on the information provided by the Customer and the requirements known to NSN Infotech at the date of the Quotation. NSN Infotech may withdraw or amend a Quotation before it is accepted, or where the Customer’s requirements, site conditions, or third-party pricing (including supplier or manufacturer pricing, currency movements, or Microsoft licensing pricing) change after the date of the Quotation.

A binding Contract is formed only when the Customer accepts the Quotation in writing (including by signing and returning the Quotation, by issuing a purchase order that references the Quotation, or by written confirmation by email), and NSN Infotech acknowledges that acceptance or commences supply. The Customer’s acceptance is an acceptance of the Quotation on these Terms only.

The Customer is responsible for ensuring that the Quotation correctly describes the Goods, Services, and Licences the Customer requires, and that any specifications, quantities, and requirements it has provided to NSN Infotech are complete and accurate.

NSN Infotech will supply the Goods, Services, and/or Licences described in the Quotation, and no others. Anything not expressly described in the Quotation is outside the scope of the Contract.

NSN Infotech will perform the Services with due care and skill and in a competent and professional manner, consistent with the standard generally observed by reputable providers of comparable services in Australia.

Any work, goods, or services requested by the Customer that are not described in the Quotation, and any change to the agreed scope, will be the subject of a separate written quotation and are not included in the Price. NSN Infotech is not obliged to commence any additional or varied work until it has been quoted and accepted in accordance with clause 3.

Where the Services depend on the Customer’s existing environment, third-party systems, or third-party providers, NSN Infotech does not warrant any outcome, timeframe, or result that is dependent on those matters, and time estimates given in a Quotation are estimates only and are not guaranteed.

The Customer must pay the Price set out in the Quotation.

All prices are exclusive of GST unless stated otherwise. GST is payable by the Customer in addition to the Price, and NSN Infotech will issue a valid tax invoice for any GST payable.

Except where NSN Infotech agrees otherwise in writing, payment is required in advance. In particular:

1. (a)the Customer must pay the full Price for Goods, or a deposit of the amount stated in the Quotation, before NSN Infotech orders those Goods from its supplier; and
2. (b)the Customer must pay the full Price for Services and Licences, or the deposit stated in the Quotation, before NSN Infotech commences the Services or provisions the Licences.

NSN Infotech is not obliged to order any Goods, commence any Services, or provision any Licences until it has received payment (or the deposit) required under clause 5.3 in cleared funds. Any timeframe in a Quotation runs from the date NSN Infotech receives that payment.

Where NSN Infotech agrees in writing to invoice any amount other than in advance, that invoice is payable within fourteen (14) days of the invoice date. Without limiting any other remedy, NSN Infotech may charge interest on overdue amounts at the Cash Rate Target set by the Reserve Bank of Australia plus two percent (2%), accruing daily from the due date until payment is received in full.

The Customer must pay all amounts in full without set-off, deduction, or counterclaim, except to the extent (if any) required by law.

Deposits are non-refundable to the extent of costs NSN Infotech has committed or incurred in reliance on the Contract (including ordering Goods, provisioning Licences, or allocating labour), except where a refund is required under the ACL or other law that cannot be excluded.

The Customer is liable for all reasonable costs and expenses (including debt recovery costs and legal costs on a full indemnity basis) incurred by NSN Infotech in recovering any overdue amount.

Time for payment is of the essence of each Contract.

Some Goods, Services, and Licences are supplied by, or depend on, third parties (including Microsoft Corporation and NSN Infotech’s hardware and software suppliers). The Customer’s use of those third-party products is subject to the third party’s own terms, licence conditions, and warranties, and the Customer agrees to be bound by them.

Where NSN Infotech resells or provisions Microsoft 365 or other cloud Licences, the Customer acknowledges that:

1. (a)licensing commitment terms (including annual or monthly commitments, minimum terms, and the ability to reduce licence counts) are determined solely by the licensor and are not within NSN Infotech’s control;
2. (b)under an annual commitment, licence counts may be increased but generally may not be reduced during the committed term, and the Customer remains liable for the fee applicable to the full committed term; and
3. (c)licensing fees are charged at the licensor’s then-current pricing and may change in accordance with the licensor’s terms.

NSN Infotech gives no warranty in relation to third-party products beyond passing through, to the extent it is able, the benefit of any warranty given to NSN Infotech by the relevant third party. The Customer’s remedy in relation to a defect in a third-party product is against the relevant third party under that third party’s warranty, subject to the Customer’s non-excludable rights under clause 11.

NSN Infotech will use reasonable endeavours to deliver the Goods and perform the Services within any timeframe stated in the Quotation, but those timeframes are estimates only. NSN Infotech is not liable for any delay in delivery or performance to the extent it is caused by a third party, the Customer, or circumstances beyond NSN Infotech’s reasonable control.

Risk in the Goods passes to the Customer on delivery of the Goods to the Customer or its nominated address, or on collection by the Customer, whichever occurs first. The Customer is responsible for insuring the Goods from the time risk passes. If any of the Goods are lost, damaged, or destroyed after risk has passed but before title has passed to the Customer, the Customer holds the proceeds of any insurance in respect of those Goods on trust for NSN Infotech, to the extent of the amounts owing by the Customer for those Goods.

The Customer must make all arrangements necessary to take delivery of the Goods when they are tendered for delivery. If the Customer is unable or unwilling to take delivery, NSN Infotech may charge a reasonable fee for storage, insurance, and re-delivery of the Goods.

Notwithstanding delivery and the passing of risk, legal and beneficial title in the Goods does not pass to the Customer until NSN Infotech has received payment in full of all amounts owing by the Customer to NSN Infotech in respect of the Goods and on any other account.

Until title in the Goods passes to the Customer:

1. (a)the Customer holds the Goods as bailee for NSN Infotech and must keep the Goods separately identifiable and in good condition; and
2. (b)NSN Infotech may, on reasonable notice (or without notice where the Customer is insolvent or in default of payment), enter any premises where the Goods are located and repossess the Goods, and the Customer irrevocably licenses NSN Infotech and its agents to do so.

These Terms and each Contract constitute a security agreement for the purposes of the PPSA, and NSN Infotech holds a security interest in all Goods supplied to the Customer (and their proceeds) to secure payment of all amounts owing by the Customer.

The Customer consents to NSN Infotech registering its security interest on the Personal Property Securities Register and must do anything reasonably required by NSN Infotech (including providing information) to enable NSN Infotech to register a perfected security interest and to maintain that registration.

To the extent permitted by the PPSA, the Customer waives its right to receive any notice or statement under the PPSA (including under sections 95, 118, 121(4), 130, 132(3)(d), 132(4), 135, and 157), and the Customer and NSN Infotech agree that sections 96, 125, 142, and 143 of the PPSA do not apply.

The Customer and NSN Infotech agree not to disclose information of the kind referred to in section 275(1) of the PPSA, except as required under section 275(7).

Once a Contract is formed, the Customer may not cancel an order for Goods, Services, or Licences, or return Goods, without NSN Infotech’s prior written agreement, except where the Customer has a right to do so under the ACL or other law that cannot be excluded.

Where NSN Infotech agrees to a cancellation or return that is not required by law, the Customer is liable for all costs and loss NSN Infotech has committed, incurred, or suffered in reliance on the Contract up to the time of cancellation, including any loss of profit on the cancelled supply, and NSN Infotech may charge a reasonable restocking fee. Custom-ordered, configured, or special-order Goods, and provisioned Licences, are not returnable.

Goods returned by agreement must be unused, in their original condition and packaging, and returned within the period NSN Infotech specifies.

Change of mind. The Customer has no right to return Goods, or to cancel an order for Goods, Services, or Licences, for change of mind. NSN Infotech may, at its discretion, accept the return of Goods that are unused and in their original, unopened condition and packaging within fourteen (14) days of delivery, subject to a restocking fee of twenty percent (20%) of the price of the returned Goods. Custom-ordered, configured, or special-order Goods, and any software or cloud Licences once provisioned, are not returnable and are not refundable.

Services. Services already performed by NSN Infotech are payable in full and are not refundable on the basis of change of mind. Where the Customer considers that the Services have not been performed with due care and skill, NSN Infotech’s remedy is to supply the relevant Services again in accordance with clause 11.4, and a refund of fees for Services is available only where required under the ACL for a major failure.

Authorised reseller and manufacturer’s warranty. NSN Infotech supplies the Goods as an authorised reseller and is not the manufacturer of the Goods. The Goods carry the manufacturer’s warranty, and warranty claims are handled through the manufacturer’s support and warranty process, as described in clause 11.5. NSN Infotech will provide reasonable assistance to facilitate a manufacturer’s warranty claim. This clause does not limit the Customer’s non-excludable rights under clause 11.3.

Faulty Goods and consumer guarantees. Nothing in this clause 9 limits or affects the Customer’s rights in respect of Goods or Services that fail to comply with a consumer guarantee under the ACL. Such rights are dealt with under clause 11 (including the limitation in clause 11.4). A restocking fee under clause 9.4 does not apply to Goods returned because they fail to comply with a consumer guarantee.

Deposits. Refunds of deposits are dealt with under clause 5.7.

The Customer must:

1. (a)provide NSN Infotech with timely and safe access to premises, systems, personnel, and information reasonably required to supply the Goods and Services;
2. (b)ensure that all information, specifications, and requirements it provides to NSN Infotech are complete, accurate, and current;
3. (c)ensure that its existing environment, infrastructure, power, cabling, and internet connectivity are adequate and suitable for the Goods and Services, unless the Quotation expressly includes their assessment or supply;
4. (d)obtain and maintain all rights, licences, and consents necessary for NSN Infotech to access and process Customer Data and any third-party systems in connection with the supply; and
5. (e)comply with all laws applicable to the Customer’s use of the Goods, Services, and Licences.

The Customer acknowledges and agrees that:

1. (a)it has relied on its own judgement, and not on any representation by NSN Infotech (other than as expressly set out in the Quotation or these Terms), in deciding that the Goods, Services, and Licences are suitable for its purposes;
2. (b)it is responsible for maintaining its own current backups of its data before any Services are performed, and NSN Infotech is not responsible for any loss of, or damage to, data except to the extent directly caused by NSN Infotech’s negligence and subject to clause 12;
3. (c)any delay or failure by the Customer to meet its responsibilities under this clause 10 may affect NSN Infotech’s ability to perform, and NSN Infotech is not liable for any resulting delay, cost, or failure; and
4. (d)NSN Infotech is not responsible for any fault, defect, or deficiency in the Customer’s pre-existing equipment, software, systems, or third-party services, or for any pre-existing security compromise.

Where NSN Infotech supplies, configures, installs, or provides professional services in relation to any Goods (including firewalls, switches, wireless access points, and other communications or network devices), the Customer acknowledges and agrees that:

1. (a)no product, configuration, or security measure can make any system, network, or device wholly secure or immune from cyber threats, and NSN Infotech does not warrant or guarantee that any Goods, Services, or configuration will prevent, detect, or protect against any cyber attack, unauthorised access, malware, ransomware, phishing, denial of service, data breach, data loss, or other security incident (each a “Cyber Event”);
2. (b)any configuration or security work is performed to a point in time, on the basis of the information available to NSN Infotech and the threats known at that time, and cyber threats continue to evolve after that time;
3. (c)the ongoing security of the Customer’s environment depends on continuing measures (including patching, monitoring, backups, multi-factor authentication, user awareness training, and timely incident response), which are the Customer’s responsibility unless separately engaged from NSN Infotech in writing;
4. (d)the Customer is responsible for maintaining current backups and a disaster recovery capability sufficient to enable it to recover from a Cyber Event; and
5. (e)to the maximum extent permitted by law, NSN Infotech is not liable for any loss, damage, or cost arising out of or in connection with a Cyber Event, except to the extent the Cyber Event is directly caused by NSN Infotech’s negligence or breach of these Terms, and any such liability is subject to clauses 11.3, 11.4, and 12.

NSN Infotech warrants that it has full power and authority to enter into and perform each Contract, and that the Services will be performed with due care and skill.

Subject to clauses 11.3 and 11.4, and to the maximum extent permitted by law, NSN Infotech excludes all warranties, guarantees, conditions, and representations in relation to the Goods, Services, and Licences that are not expressly set out in these Terms, whether express or implied by statute, common law, trade, or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, or suitability.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on the Customer under the ACL, the Competition and Consumer Act 2010 (Cth), or any other law, to the extent it cannot lawfully be excluded, restricted, or modified. Certain supplies to the Customer may come with guarantees that cannot be excluded under the ACL.

To the maximum extent permitted by law, where the Goods or Services supplied under a Contract are not of a kind ordinarily acquired for personal, domestic, or household use or consumption, NSN Infotech limits its liability for a failure to comply with a consumer guarantee (other than a guarantee under sections 51 to 53 of the ACL) at NSN Infotech’s option to:

1. (a)in the case of Goods: the replacement of the Goods or the supply of equivalent Goods, the repair of the Goods, the payment of the cost of replacing the Goods or acquiring equivalent Goods, or the payment of the cost of having the Goods repaired; and
2. (b)in the case of Services: the supplying of the Services again, or the payment of the cost of having the Services supplied again.

To claim under a manufacturer’s or supplier’s warranty in respect of the Goods, the Customer must comply with that manufacturer’s or supplier’s warranty process. NSN Infotech will provide reasonable assistance to facilitate such a claim.

The Customer must inspect the Goods immediately on delivery and must, within fourteen (14) days of delivery, notify NSN Infotech in writing of any defect, shortage, or damage that is apparent on reasonable inspection. If the Customer does not notify NSN Infotech within that period, the Goods are deemed to have been accepted and delivered in accordance with the Contract. This clause 11.6 is subject to clause 11.3 and to the Customer’s rights under any manufacturer’s or supplier’s warranty.

To the maximum extent permitted by law and subject to clause 11.3, the warranty in clause 11.1 and any manufacturer’s warranty do not extend to, and NSN Infotech is not liable for, any defect, fault, or failure caused or contributed to by:

1. (a)the Customer’s failure to properly maintain, store, or operate the Goods;
2. (b)the Customer’s failure to follow NSN Infotech’s or the manufacturer’s instructions, guidelines, or specifications;
3. (c)use of the Goods otherwise than as described in the Quotation, or for a purpose or in an environment for which they were not designed;
4. (d)the continued use of the Goods after a defect became, or ought reasonably to have become, apparent;
5. (e)fair wear and tear; or
6. (f)any accident, misuse, neglect, or any unauthorised alteration or repair of the Goods, or any act of God or event beyond NSN Infotech’s reasonable control.

This clause 12 applies to the maximum extent permitted by law and is subject to clauses 11.3 and 12.4.

NSN Infotech’s total aggregate liability arising out of or in connection with a Contract, the Goods, the Services, and the Licences, whether in contract, tort (including negligence), under statute, or otherwise, is limited to the total amount paid by the Customer to NSN Infotech under the relevant Contract.

To the maximum extent permitted by law, NSN Infotech is not liable to the Customer for any indirect, special, or consequential loss, or for any loss of profit, revenue, business, opportunity, goodwill, or data, arising out of or in connection with a Contract, however arising.

The limitations and exclusions in this clause 12 do not apply to liability that cannot lawfully be limited or excluded, and NSN Infotech’s liability is reduced to the extent that the Customer’s own act, omission, or breach caused or contributed to the relevant loss.

The Customer indemnifies NSN Infotech against any loss, liability, cost, or expense (including reasonable legal costs) that NSN Infotech suffers or incurs arising out of or in connection with:

1. (a)the Customer’s breach of these Terms or a Contract;
2. (b)NSN Infotech acting on the Customer’s instructions or on information provided by the Customer;
3. (c)the Customer’s use of the Goods, Services, or Licences other than as intended or permitted; or
4. (d)any claim by a third party (including that a third party’s rights have been infringed) arising from the Customer’s data, systems, instructions, or use of the Goods, Services, or Licences,

except to the extent the loss is directly caused by NSN Infotech’s negligence or wilful misconduct. This indemnity is subject to clause 12.

Each party retains all right, title, and interest in its own pre-existing intellectual property.

Subject to clause 14.3 and to payment in full of the relevant Price, title in any Deliverables created by NSN Infotech specifically for the Customer passes to the Customer on payment.

NSN Infotech retains ownership of its own tools, methodologies, templates, scripts, and pre-existing materials used in supplying the Services, and grants the Customer a non-exclusive, non-transferable licence to use those materials to the extent necessary to receive the benefit of the Services and Deliverables.

The Customer warrants that any designs, specifications, instructions, data, or materials it provides to NSN Infotech will not cause NSN Infotech to infringe any intellectual property or other right of a third party in carrying out the Contract, and the Customer indemnifies NSN Infotech against any loss, liability, cost, or expense arising from any claim that they do so.

“Confidential Information” means all non-public information disclosed by one party to the other in connection with a Quotation or Contract, including pricing, Customer Data, and business and technical information, but excludes information that is or becomes public other than through a breach of these Terms, was already known to the receiving party free of any obligation of confidence, or is independently developed by the receiving party.

Each party must keep the other’s Confidential Information confidential and use it only for the purposes of the Quotation or Contract, except where disclosure is required by law or to a party’s professional advisers who are bound by an obligation of confidence.

This clause 15 survives the completion or termination of a Contract.

Each party will comply with its obligations under the Privacy Act 1988 (Cth) and the Australian Privacy Principles in connection with any supply.

Where NSN Infotech accesses, stores, or processes Customer Data in connection with a supply, it will implement reasonable technical and organisational measures to protect that Customer Data, and will notify the Customer without undue delay if it becomes aware of an eligible data breach affecting Customer Data, consistent with the Notifiable Data Breaches scheme under Part IIIC of the Privacy Act 1988 (Cth).

The Customer is responsible for maintaining its own backups of Customer Data and for the accuracy and lawfulness of the Customer Data it provides to NSN Infotech.

NSN Infotech is not liable for any failure or delay in performing its obligations (other than a payment obligation) to the extent that the failure or delay is caused by circumstances beyond its reasonable control, including action by a government or regulatory authority, war or civil strife, natural disaster, pandemic, industrial action, internet or telecommunications failure, supply chain disruption, or the failure or delay of a third-party supplier or provider.

NSN Infotech may suspend or cease supply, and may withhold delivery of Goods or provision of Licences, if the Customer fails to pay any amount when due or is otherwise in breach of these Terms, without affecting its other rights.

Either party may terminate a Contract immediately by written notice if the other party commits a material breach that is not remedied within fourteen (14) days of written notice requiring it to be remedied, or becomes insolvent, enters administration or liquidation, or an analogous process under Australian law.

Termination does not affect any accrued rights or remedies of either party, and any amount owing to NSN Infotech at the date of termination becomes immediately due and payable. Clauses 5 (to the extent of accrued amounts), 7.3, 8, 11, 12, 13, 14, 15, 16, and this clause 18.3, and clause 20, survive termination.

If a dispute arises out of or in connection with a Quotation or Contract, the parties will first seek to resolve it through good faith discussions between their representatives.

If the dispute is not resolved within twenty (20) Business Days, either party may refer the dispute to mediation administered by the Resolution Institute, or such other mediator as the parties agree, before commencing court proceedings, except where a party seeks urgent interlocutory relief.

Governing Law and Jurisdiction. These Terms and each Contract are governed by the laws of New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them.

Notices. Any notice must be in writing and sent to the email or address specified on the Quotation, or as otherwise notified in writing, and is deemed received on the next Business Day after it is sent.

Assignment. The Customer may not assign or novate a Contract without NSN Infotech’s prior written consent. NSN Infotech may assign a Contract to a related body corporate or in connection with a sale of its business.

Entire Agreement. These Terms and the relevant Quotation constitute the entire agreement between the parties in relation to the supply quoted and supersede all prior negotiations, representations, and agreements, whether written or oral, in relation to that supply. This clause does not affect any Managed Services Agreement or other signed services agreement between the parties, which continues in force in relation to its own subject matter.

Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision is severed and the remainder continues in full force and effect.

Waiver. No failure or delay by NSN Infotech in exercising any right operates as a waiver of that right, and no waiver is effective unless in writing.

Relationship of the Parties. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

Consumer notice. Nothing in these Terms is intended to exclude, restrict, or modify any right or remedy the Customer may have under the ACL or any other law that cannot lawfully be excluded.