SQL Server Database Performance, Monitoring, VMware Software Download, VMware Consultants, Virtual Private Servers, Database Clustering, Performance

1.1 Binding Terms

By browsing and, where applicable, placing an order with us from this website ("the Site"),you agree to be bound by these terms and conditions ("the Terms" or "the Agreement") as amended from time to time.

1.2 TAS Site

Technical Architecture Solutions Pty Ltd ACN 093 943 732 ("TAS"), an Australian company, has published this Site for the following purposes:

1. to inform you about our products and services; and
2. to provide an online shop in which you may purchase Software ("the Online Store").

1.3 Parties

1. The parties to this Agreement are you and TAS.
2. References to "us", "we" and "our" refer to TAS.
3. References to "you" includes, where applicable, any entity you represent.

2.1 Operation of the Online Store

The Online Store is operated by TAS.

2.2 Products for sale: Software licences

(a) In the Online Store, we sell non exclusive Software licences from the following product vendors ("the Products" or "the Software"): Currently VMware and PlateSpin but others may be added without notice

(b) You must have sufficient technical know-how to make a Software purchase on this Site. For example, you must be able:

(i) to research the Software, its use and its compatibility with other products on the web; and

(ii) to assess the suitability of the Software to the purposes you intend to use the Software for and the compatibility of the Software with your Software and hardware.

(c) When you purchase one of our Products, you buy a permanent non-exclusive licence to use the Software ("Software Licence").

(d) You acknowledge that the Software Licence is for your personal use only.

(e) Your are not the owner or exclusive licensee of the Software and that you will not hold itself out to third parties to be the owner or exclusive licensee.

(f) You may transfer the Software Licence in its entirety and with written consent from TAS, and if you make such a transfer, all your rights and obligations will be passed to the person or entity to whom you have transferred Software Licence. TAS may not unreasonably withhold its consent.

(g) You may not sub-licence the Software Licence. The password we provide to you is personal and may not be transferred except if you transfer the Software Licence in its entirety based on the previous paragraph and, upon transfer, you no longer use the password and the Software.

(h) You do not have any access rights to the source code of the Software.

2.3 Your purchase of Products

(a) When purchasing any Product in the Online Store, you warrant that:

(i) you are 18 years of age or over, or if you are under 18 years of age, you warrant to have your parent's or guardian's consent to make the purchase and enter into these Terms;

(ii) you are authorised to use the credit card used to make your purchase; and

(iii) you have sufficient technical know-how to be able:

(A) to research the Software, its use and its compatibility with other products on the web; and

(B) to assess the suitability of the Software to the purposes you intend to use the Software for and the compatibility of the Software with your Software and hardware.

(b) If you are purchasing on behalf of a company, association, partnership or other entity, you must be and warrant that:

(i) you are authorised to enter into these Terms on behalf of the entity;

(ii) you are authorised by the entity to make the purchase;

(iii) you are authorised to use the entity's credit card used to make the purchase;

(iv) you have, or the person instructing you to purchase the Software has, sufficient technical know-how to be able:

(A) to research the Software, its use and its compatibility with other products on the web; and

(B) to assess the suitability of the Software to the purposes you intend to use the Software for and the compatibility of the Software with your Software and hardware.

(c) When you place an order through the Online Store, we may verify your method of payment, shipping address and/or other details before processing your order.

(d) When you submit details to make a purchase, a credit card validation is carried out by our third party credit card payment agent St George Bank.

(e) We will send you an email confirming receipt of your order. However, this email shall not constitute an acceptance of your order.

(f) Your placement of an order via the Online Store is an offer to purchase our Products. We may accept your order by processing your payment and providing you with a password that will enable you to download the Software, or may, for any reason, decline to accept your order or any part of your order. No order shall be considered to be accepted by us until we have provided you with a password to enable you to download the Software. If we decline to accept your order, we will attempt to notify you using the email address you have provided with your order.

2.4 Title and responsibility

Title to, and responsibility for, each product you order passes from us to you when you have downloaded the Software.

2.5 Password

After ordering and paying any of our Products online, we will provide you with a password that will enable you to download the Software.

2.6 Prices and payment

(a) The Products offered in the Online Store, and their prices, are subject to change without notice.

(b) When ordering any of our Products online, you will be asked to pay for the Product by credit card online.

(c) Please select the Products carefully. In order to make purchases from this site, you must have sufficient technical know-how to enable you to make an informed decision to purchase specific Software or other product. The circumstances in which we provide a refund are limited and set out in our Refund Policy.

(d) All prices quoted for Products from the Online Store are in Australian dollars and include Goods and Services Tax under Australian legislation, where applicable, unless expressly stated otherwise.

(e) We will only accept payment for your order with one of the following major credit cards, issued in Australia: Visa & MasterCard. Any credit cards that you use must be valid at the date of making your purchase.

3.1 General disclaimer

To the extent permitted by law, we and our employees, officers, agents and contractors exclude all liability for any loss or damage (including without limitation, indirect, special or consequential loss or damage) arising from the use of this Site, its Online Store or the purchased Products or Services, whether or not this is caused by a negligent act or omission. To the extent that we are prohibited at law from excluding our liability, we limit our liability to the extent permitted by law, to the replacement of the goods or services or the supply of equivalent goods or services, the repair of such goods or the payment of the cost of replacing the goods or acquiring equivalent goods or services or having the goods repaired - at our discretion.

3.2 Examples

(a) Without limiting the general disclaimer at clause 4.1, the following are examples of cases in which we exclude any liability.

(i) To the full extent permitted by law TAS disclaims any and all warranties, express or implied, regarding:

(A) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Site or any linked sites; and

(B) merchantability or fitness for any particular purpose for any service or product contained or referred to on the Site on any linked sites.

(ii) TAS will not be liable under any circumstances for any loss of profits or any damages of any kind which are the consequence of you:

(A) acting, or failing to act, on any information contained on or referred to on the Site or any linked site; and

(B) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Site or any linked site;

(iii) TAS does not warrant, guarantee or make any representation that:

(A) the Site, or the server that makes the Site available on the web are free of Software viruses. However, if viruses are found or if the Site or its emails go against good advice with relation to spamming, TAS will do everything in its power to solve such problems;

(B) the functions contained in any Software contained on the Site will operate uninterrupted or are error-free. However if errors are spotted, TAS will do everything in its power to solve them;

(iv) TAS is not liable to you for:

(A) errors or omissions in the Site or linked sites on the web. However, TAS will take action if it caused the errors or omissions or if it can correct them;

(B) minor delays to, interruptions of or cessation of the services provided on the Site or linked sites. TAS will address the causes for any delays, interruption or cessation of service within a reasonable time and to the extent that such delays, interruptions or cessation has been caused by TAS; whether caused through negligence of TAS, its employees, its independent contractors or through any other cause.

(v) You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer Software or hardware, which may be necessary as a consequence of you accessing the Site.

4.1 Service of Notices

(a) Service of a Notice is to be done via facsimile, email or registered post.

(b) A Notice is deemed to be served:

(i) if the Notice is sent via facsimile or email: the business day after the Notice was sent;

(ii) if the Notice is sent via registered post: 3 business days after the Notice was sent for posting within the same country and 7 business days after the Notice was sent for posting in a different country.

4.2 Waiver

The failure, delay, relaxation or indulgence on the part of any party in exercising any power or right conferred upon that party by this Agreement does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of it or the exercise of any other power or right under this Agreement.

4.3 Liability of parties

If any party to this Agreement consists of more than one person then the liability of those persons in all respects under this Agreement is a joint liability of all those persons and a separate liability of each of those persons. If any covenant or agreement given by any party to this Agreement is given jointly with any one or more other parties to this Agreement then such covenant or agreement shall also be a separate obligation of each party.

4.4 Entire Agreement

(a) Subject to sub-clause (b), this Agreement constitutes the sole and entire Agreement between TAS and you and a warranty, representation, guarantee or other term or condition of any nature not contained or recorded in this Agreement is of no force or effect.

(b) The Products and Prices are set out, and TAS may change them from time to time, on the Site and are incorporated in this Agreement when you make an online offer for the purchase of a Product. Your online offer is part of this Agreement. The Refund Policy forms part of this agreement.

4.5 Severance

If any provision of this Agreement is invalid and not enforceable in accordance with its terms, other provisions which are self-sustaining and capable of separate enforcement with regard to the invalid provision, are and continue to be valid and enforceable in accordance with their terms.

4.6 Further Assurance each party must do, sign, execute and deliver all deeds, documents, instruments and acts reasonably required of it or them by notice from another party effectively to carry out and give full effect to this Agreement.

4.7 Governing law and jurisdiction

4.8 Relationship of the parties nothing in this Agreement will constitute or be construed to constitute a party as the partner, agent, employee or representative of any other party or to create any trust relationship between them.

5.1 Legislation

A reference to legislation or a provision of legislation includes any change or re-enactment of the legislation or a legislative provision substituted for and legislation and statutory instruments and regulations issued under, the legislation.

5.2 Singular to include plurals

Words denoting the singular include the plural and vice versa. Words denoting individuals or persons include bodies corporate and trusts and vice versa.

5.3 References to clauses

A reference to a clause, paragraph or schedule is a reference to a clause, paragraph or schedule of this Agreement; and a reference to a document or agreement includes reference to that document or agreement as changed, novated or replaced from time to time.

5.4 Time

A reference to a time and date concerning the performance of an obligation by a party is a reference to the time and date in New South Wales, Australia, even though the obligation is to be performed elsewhere; and where the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which that thing is to be done, then that thing will be done on the next succeeding business day.

(a) You must have sufficient technical knowledge to make a Software purchase on this Site.

(b) For example, you must be able:

(i) to research the Software, its use and its compatibility with other products on the web; and

(ii) to assess the suitability of the Software to the purposes you intend to use the Software for and the compatibility of the Software with your computer Software and hardware.

(a) Subject to the clauses 3 and 4, TAS does not give any refund for goods and services provided to you.

(b) For example, you may not require a refund simply because:

(i) you have changed your mind about the purchased product or services or you find a similar or the same product or service more cheaply elsewhere; or

(ii) you did not properly assess the product by doing research as to its compatibility with your hardware and Software and the suitability to the purpose for which you intended to buy the product or you did not have the technical know-how to make such an assessment (See the Terms and Conditions that impose an obligation on you to only make Software purchases if you have sufficient know-how); or

(i) you damaged the goods by unreasonable or unintended use.

6.1 Refund for mistake

(a) Subject to clauses 1 and 2, if you have made a payment to TAS by mistake, we will make a refund to you if:

(a) it is possible; and

(b) you pay us in advance the Refund Fee (consisting of any refund costs and an administration fee) as set by TAS; and

(c) you give us written notice to us immediately after becoming aware of the mistake; and

(d) you provide us with a written explanation for your mistake (in Australia: in the format of statutory declaration) together with the written notice; and

(e) TAS, upon consideration of your notice and explanation, comes to the conclusion that you have made a honest mistake when transferring the money.

6.2 Refund where mandatory

(a) We will give you a refund in any circumstances where we are required by law to do so.

(b) In such circumstances, we may, in our discretion, offer you to:

(i) replace, or have replaced, such goods or provide such services again; or

(ii) supply, or have supplied, equivalent goods or services; or

(iii) repair, or have repaired, such goods or pay the costs of replacing the services; or

(iv) acquire equivalent goods or services and supply them to you; or

(c) If we do give you a refund, the refund may only be partial in cases where this is appropriate, such as, if a fault has developed after you have enjoyed some use of the item. Instead of giving a partial refund in such cases, we may opt for replacement or repair.