text:
For more than 30 years, the TOEIC® Listening and Reading test has set the standard for assessing English-language skills used in the workplace. Today it is the leading assessment of English-language reading and listening skills for the global workplace.
- Workforce Readiness: Prepare students to compete in the competitive global workforce.
- Placement: Determine who has the skills to succeed in school and in business.
- Program Effectiveness: Measure a student's progress and proficiency in English.
- Program Development: Evaluate the effectiveness of your English-language programs.
- Increase Enrollment: Attract more students who can develop skills to succeed in the workplace.
When the Listening and Reading test is taken together with the TOEIC® Speaking and Writing tests, TOEIC® test scores provide an accurate measurement of proficiency in all four English-language skills.
English is the language of global opportunity. With the TOEIC test, you can help your students communicate successfully across borders and cultures. You can also:
- Build your reputation as a trusted resource for skilled, qualified job applicants
- Attract more high-achieving students who will be recruited by top companies
Nearly 14,000 organizations in 150 countries use the TOEIC test. More than seven million tests were administered in 2013. Make sure your students have the skills they need to succeed with the TOEIC Listening and Reading test.
Contact your local ETS Preferred Network office for more information on the TOEIC Listening and Reading test in your country.
See also:
- Hunter College Relies on TOEIC® Test Scores for Student Placement
- University of Toronto Uses the TOEIC® Test for Placing International Students
- The TOEIC® Test Gives Instituto Profesional DuocUC Graduates an Advantage in the Global Marketplace
- The Commission des Titres des Ingenieurs Uses the TOEIC Tests for Preparing Students for the Global Market
- Administering the Test
Promotional Links
Guangzhou University's Success Story
Learn how the TOEIC Listening and Reading test is helping students in China.


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Diesel Parran Sneaker
Sorry, this item is sold out!
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Looks like you've got more shoe shopping to do - have fun!
Item # 276074
The Parran from Diesel sports a classic cool look to a casual sneaker. This lace up combines comfort and style with its leather and suede material. Whatever the occasion, get ready to be a trend setter and stand out from the crowd!
- Leather and suede upper
- Lightly padded collar and tongue
- Round toe
- Fabric lining
- Lightly cushioned insole
- Rubber sole for increased traction
- Imported
- View more Men's Diesel Shoes
By: RVJR
August 02, 2013
By: Narrowshoelover
Location: Canada
June 30, 2013
High style, good comfort
"These shoes are stylish enough for casual Fridays and nights out, but feel more like a running shoe. Already have had lots of compliments on how great they look-unusual for men's shoes!"
By: yess
Location: austin,tx
March 15, 2013
"awesome shoes. nice color combination !"
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subset: commoncrawl


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Housing cycles and financial stability
Housing cycles and financial stability
Housing markets have certain characteristics that intrinsically link them to financial stability. House price collapses can have systemic consequences. We know this from the current crisis and we know this from past crises. This fact raises a number of important questions for policymakers. In a speech at the EMF Annual Conference 2011 Peter Praet, member of the Executive Board of the ECB, poited out the role of the policymaker and turned to the question if there are price bubbles and how to identify them. He asked if a price bubble in housing markets should be dealt differently than in other assets.
Peter Praet said: "The potential risks of asset price bubbles tend to vary across asset classes. Research by the IMF has shown that housing busts are, on average, twice as costly in terms of output losses as equity price busts. This reflects the higher exposure of banks to mortgages than shares. A key conclusion of literature on historical financial crises is that they tend to have worse outcomes when banks are distressed. For example, in October 1987 stock markets around the world fell sharply, but this did not represent a threat to the banking system and so, its impact was contained. In contrast, many researchers trace the origins of the current financial crisis back to the bursting of the US house price bubble. The link between house prices, banking crises and recessions is not unique to the current situation: a number of studies examining crises in both advanced and emerging economies over time and across countries have shown that they tend to coincide with the bursting of house price bubbles. The securitisation of mortgage loans has not only tended to weaken the origination process but has tended to expose countries' financial systems to real estate excesses in other countries. By transferring the credit risk the originator can exacerbate the boom without fear of the consequences of a collapse."
Source: Website of European Central Bank, www.ecb.int
Source Picture:http://www.ecb.int/ecb/orga/decisions/html/cvpraet.en.html


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During the week of Aug. 14-18, Desert Edge Christian Chapel in Huntington, hosted vacation Bible school. Any children in Emery and Carbon counties were welcome to attend. Tonya Edwards, the children's education director, lead the VBS for the week, with numerous helpers.
The children gathered at 9:30 a.m. at Desert Edge, and began the day's activities with Sing and Play Ole'. This was a time to learn songs, a Bible verse, and a Bible story.
For the rest of the time at VBS, the children moved in groups to Maraca Munchies, Cactus Crafts, games, and Bible adventures. Each of these activities were centered around the Bible verse they learned earlier that morning.
All of the children who attended seemed to have a great time, and they each learned a lot about stories from the Bible.
"Vacation Bible school is a great way to teach children about the Bible and Jesus. We had more than 20 children each day for the week. I really appreciate all the help we had from everyone who came each day to teach a class or serve the treats. We also appreciate Price Chapel for lending us the material for VBS. We are going to make this an annual event," said Edwards.


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Top Definition
When a male or female sticks his or her finger up your bum(bumha) and tickles your ballsac. This is very simular to the flopsie.
Hey, keith is gay and gave me a flopsky
by Jimmy the best August 17, 2011
The Urban Dictionary Mug
One side has the word, one side has the definition. Microwave and dishwasher safe. Lotsa space for your liquids.Buy the mug
The Urban Dictionary T-Shirt
Smooth, soft, slim fit American Apparel shirt. Custom printed. 100% fine jersey cotton, except for heather grey (90% cotton).Buy the t-shirt


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Good start for Canadian teams at FIVB World Tour beach volleyball stop
KRISTIANSAND, Norway - Marie-Andrée Lessard of Ville LaSalle, Que., and Annie Martin of Sherbrooke, Que., as well as Heather Bansley and Liz Maloney of Toronto posted a win and a loss in main draw action on Wednesday to remain in contention at the 13th stop on the beach volleyball World Tour circuit.
Lessard and Martin had a bye to the main draw and opened the tournament with a 21-15, 21-18 victory over Shauna Mullin and Zara Dampney of Britain. However they lost their second match to third seeds Chen Xue and Xi Zhang of China 21-17, 21-16.
''The Chinese are a team that you can't let back into the match,'' said Lessard. ''Still we battled hard. Against Britain we had a good match and pressured them with our serve.''
Bansley and Maloney played the same two teams as their compatriots. They lost their opening match to the Chinese pair 21-13, 21-12 then defeated and eliminated the British pair 21-17, 21-11.
The tournament is a double elimination format, therefore both Canadian teams can't afford another loss.
Jamie Broder of Victoria and Liz Cordonier of Vancouver, the CIS female athlete of the year for her indoor volleyball exploits at UBC, lost their two main draw matches and were eliminated.
In men's qualifying all three Canadian entries did not make the cut. They were Martin Reader of Comox, B.C., and Chaim Schalk of Red Deer, Alta.; Ben Saxton of Calgary and Steve Marshall of Abbotsford and Josh Binstock and Matt Zbyszewski, both of Toronto.


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Virgin Australia and Surf Life Saving partner to promote surf safety this summer22/01/2012
Virgin Australia and Surf Life Saving have joined forces to raise awareness of the importance of surf safety for both international and domestic tourists on our beaches, following a number of drowning tragedies in Australian beaches and pools this season.
On average, over 12,000 rescues are performed by 44,323 dedicated, volunteer surf lifesavers each summer. Over 60,000 Nippers are taught vital surf safety skills and will grow into the next generation of surf lifesavers. Educating tourists and children in essential water safety plays a vital role in preventing drownings across our beaches and backyard pools.
Surf Life Saving Australia's CEO Brett Williamson OAM, said it is imperative the beachgoing public heed surf safety messages. "Our volunteer surf lifesavers give up their time to ensure the safety of people on our beaches. If they can't see you, they can't save you so we need to ensure that everyone travelling to a beach remembers to always swim between the red and yellow flags."
"We're extremely glad that Virgin Australia is able to assist us in getting that message out there. International tourists especially are often not prepared for the conditions at Australian beaches. We need to make them aware of the various hazards at the beach and what to do if they get in trouble", Mr Williamson said.
Virgin Australia Group Executive of Commercial, Liz Savage, said "Virgin Australia carries over 18 million guests a year and we believe we have an important role to play in promoting surf safety to this wide and diverse audience. International and domestic tourists will learn about surf safety through our in-flight entertainment system, Voyeur magazine and key advertising spots throughout some airports, educating our travellers before they hit the beaches"
"We are proud to become the official airline of Surf Life Saving Australia, and in order to prevent further drownings and save more lives, it is imperative for the surf safety messages to be seen and heard." Ms Savage said.
Virgin Australia has posted online surf safety tips along with vision from today, at their facebook page – facebook.com/virginaustralia


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Don't forget! Please mention TrustATrader when you contact any of our trusted traders...
Sommerville Services
Sommerville Services is a Suzuki Repairs based in Bishop's Stortford (CM23 3YT). Covering Hertfordshire and all surrounding areas
- Tel: 01279 505 070
6 reviews
- Initial impression : 5.0 out of 5
- Cleanliness : 5.0 out of 5
- Value : 5.0 out of 5
- Punctuality : 5.0 out of 5
- Quality : 5.0 out of 5
- Overall opinion : 5.0 out of 5
0 missed appointments in the past 6 months
About Sommerville Services - Suzuki Repairs in Bishop's Stortford (CM23 3YT)
Welcome to Sommerville Service
Sommerville Service are a family run business that prides itself on the high standards of workmanship and good customer service, reliable and honest. We have been trading as Sommerville Service for 25 years but have over 35 years of experience in the trade.
Comfortable office with tea and coffee available should you wish to wait, or use of our courtesy vehicles can be arranged.
Why Choose us?
Vehicles are always fully assessed before any work is carried out and full quotes are given for the necessary repairs.
We now offer vehicle remapping - this gives you between 20-40% increase in BHP a 60% increase in torque and will save the average car 5 miles per gallon.
Service, Repairs & Products
- Air Conditioning
- Brakes & clutches
- Brakes & repairs
- Batteries
- Car diagnostics
- Car electrics
- Car engine tuning & conversion
- Car puncture repairs
- Car repairs
- Car servicing
- Car suspension adjustment
- Car windows
- Clutch repairs
- Diesel engineers
- Diesel fuel injection
- Engine diagnostics
- Engine reconditioning
- Engine Rebuilds
- Exhaust systems
- ECU Remapping
- Fuel injection
- Mechanics
- MOT testing
- Oil change
- Steering adjustment
- Tyre fitting
- Tyre services
- Tyres
- Van repairs
- Vehicle inspection
- Wheel balancing
- Windscreens
For further information of the services we cover please feel free to visit our website
Contact us today for a free quote and to discuss your requirements. We are always available to give friendly, professional and helpful advice. Number:- 01279 505 070
Monday 07:30 - 18:30
Tuesday 07:30 - 18:30
Wednesday 07:30 - 18:30
Thursday 07:30 - 18:30
Friday 07:30 - 18:30
Saturday Closed
Sunday Closed
We accept Cheque, BACS, Cash, Credit Cards
When calling please remember to mention Trustagarage.com. Thank you.
Reviews (6)
Sommerville Services have received 6 customer reviews.
P Walker 27th July 2016
"Rob and his staff are lovely and very helpful. Will be using Sommerville's for all work on my car from now on. Well priced as well."
Adam Smith 22nd July 2016
"Happy and satisfied. Would definitely recommend and have already."
Carriages Ltd 19th July 2016
"Happy and satisfied. Used a few times now. Always excellent work."
Elsenham Taxi's 15th July 2016
"Happy and satisfied. Use all the time. No problems. Would not use anyone else."
Steve Murnare 12th July 2016
"Happy and satisfied, very good. Known them for many years. Very thorough and good value. Always fits me in."


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* required fields
By Richard L. Fricklas
Building owners are frequently forced to address roofing problems according to Mother Nature's schedule – not their own. Because of this, they're often confronted with having to make roofing decisions when they're not financially prepared, or when they're lacking adequate information to reach a sound roofing decision.
Whether the problems are insidious leaks that are staining ceilings, walls, and ruining carpets, problems that interfere with operations within, or catastrophic losses, such as fire, wind blow-off, or a hailstorm, these decisions must be made promptly.
The first choice is usually repair, based on its relatively low cost. At what point, however, is such a measure uneconomical? Every roof eventually reaches the point where it can't be maintained by inexpensive repairs. (Keep in mind: Many building codes require that, when more than simple repairs are made, the entire roof must be brought up to the current code requirements.)
Once it has been decided that a particular roof is beyond repair, then re-cover, retrofit, and replacement options arise.
Roof Reparability
Most low-slope commercial roofing materials can be easily repaired because, during the initial installation, the plies or sheets were joined together in the field. If we know what's up there, compatible materials can usually be located and applied.
Information that's needed to decide if a roof is repairable:
Is the deck and structure sound or endangered? Can the roof accommodate thicker layers of insulation or a tapered roof system without a major reconstruction? Codes now call for positive drainage, no matter what roof system is selected. In addition, each roof area requires two independent means of water removal.
Is the insulation wet and non-performing? Is it adequately attached to the substrate?
Bitumen-based materials age in a predictable way. At some point, it will become apparent from the development of recurring leaks that integrity of asphalt-based roofing has been lost and further patching will be fruitless. Although not often seen these days, coal-tar pitch membranes can often be coaxed into lasting longer than asphalt-based roofs.
Since single-ply membranes are factory produced, problems are more likely to be at the field seams or flashings. These are usually simple to fix and will essentially restore the roof's integrity unless the membrane itself is aged to the point that it has lost its integrity or ability to allow satisfactory attachment.
Sprayed-on foam roofs usually fail first by loss of coating integrity, followed by deterioration of the underlying foam. Each stage can be repaired or restored, but with increasing cost and difficulty.
Metal roofing may fail by loss of seam or lap integrity, usually due to misplaced sealant, poorly installed or misplaced fasteners, or deterioration of the washers used with exposed fasteners. (EPDM washers have much improved durability over the earlier neoprene washers.)
Snow and wind loads or unintended roof traffic can also deform metal panels, overstressing side or end laps. Proper repairs may require removal of damaged panels, which, in many systems, is complex because of the nesting features. While flashing failures and improperly made penetrations will also result in leakage, redesign, or installation of proper "boots" can restore watertight integrity.
Flashings and counterflashings. Flashings, which are defined as an extension of the roof membrane, form terminations and seal penetrations. They're often the first place on the roof to fail because of the extra stress at transitions. Counterflashings cover the top edge of flashings and frequently consist of metals that are embedded in, or set on, walls, tops of walls, and curbs. If damage is obvious, flashings can frequently be restored or counterflashings replaced, ideally before much water damage has occurred.
Many roofs have warranties, at least during the early part of the roof's life. The owner should know where the warranties are and what they cover. In many cases, needed repairs will be covered under the scope of the warranty. On the other hand, no warranty covers abuse or consequential damages to the interior of the building. In addition, often, warranties limit damage by winds in excess of a specified speed.
Owners need to know their obligations to keep warranties in effect, as well as their rights under the warranty. They also need to comply with notification requirements when new penetrations are to be made or in the event of leakage.
Other Factors
Will code or load-carrying ability permit a re-cover? Is the existing roof membrane, flashing, or insulation worth saving? Is poor drainage a factor in the existing system's difficulties? Does the owner wish to dramatically improve thermal performance? Is there a value to improved aesthetics, high albedo (reflective) coatings, or the installation of photovoltaics? Is a green roof desired or practical? What's the lowest cost (either first cost or life-cycle cost)?
Still another way to analyze the situation is by evaluating the available systems:
System Evaluation
When you consider these variables, it's easy to understand why there is no simple, universal choice.
Some points need to be considered before a roofing decision is made. Is there a need to retard or shed water? Is the roof subjected to rock throwers, bird pecking, or kids on skateboards? Can fire-resistance codes and insurance requirements be met? Will a change of materials affect time-temperature ratings? If PV panels are to be installed, it's now apparent that this will only make sense if we install a brand new roof system with a high degree of puncture resistance.
A recently identified potential problem occurs when metal deck-penetrating screw fasteners may introduce into the interior of the building fine metal shavings and screw-coating particulate matter that contaminate the interior space and the product being stored or produced within the building.
With so many factors to consider, it's not unreasonable for the owner to want to choose a system that has worked in the past. The only problem with experience is that situations do change, and many older systems may not offer the same performance they once did.
(The influences of regulatory agencies, such as the EPA, have caused changes to felts, bitumens, blowing agents, fungicides, primers, and solvents in subtle and not-so-subtle ways.) All we can do is exercise our best judgment, try to be conservative, and realize that there will always be some risk involved in roofing activities.
Roof Management
After a repair, re-cover, or replacement, it's a good time to evaluate the current roof management program. Is there one in place or is it a "management-by-crisis" situation? If no overall program exists, there's no time like the present to initiate one, especially if a new roofing system was just installed.
The program needs to include a situation analysis, whereby all roofs in inventory are listed and their value and replacement cost estimated. Evaluate rooftop equipment to determine what apparatus is no longer functioning and can be removed from the roof surface. (Every penetration is a potential leak, and sometimes this removal evaluation can best be implemented during the roofing renovation.)
Roof slope and drainage should also be evaluated during the situation analysis; adding drains and improving slope are easily done at the time of retrofit and may be required to comply with the current code.


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Product Description
If you prefer to treat your guests to a softer cloth, try our 100% cotton tablecloths.
Additional Information
Additional Information
|Product Grade
|Material Blend
|100% Polyester
|Fabric Weight
|Fold Over
|Care Instructions
|Visit our Care Instructions page for more information.
- Love themReview by Alexandra
Quality Price Fit Appearance
I've ordered these for several places I've worked for and have never been disappointed!(Posted on 9/9/16)
- This tablecloth accentuates any formal or casual occasion.Review by Tara
Quality Price Fit Appearance
This color tablecloth pairs well with any color scheme. It's lightweight, durable and is fitting for any formal or casual setting.(Posted on 6/19/15)
- DramaticReview by geneva
I was so excited when I received my tablecloth. The black one makes my look so dramatic in the evenings. I love to put my lighted vases in the center of the table and turn off my dining room lights and have a nice dramatic feeling in my house. I love how the 70 inch tablecloth on my 54 inch table it hangs perfectly over the edges.(Posted on 7/23/11)
- MUST HAVE!Review by Tiffany
This tablecloth is a MUST HAVE! In a black and white wedding. Use a 120 inch tablecloth underneath and you have a super chic reception. I would also pair this with the black SATIN sash!(Posted on 8/3/10)
We have many ways to help make dream designs come to fruition.
Whether you want to see different ways of tying a sash for your chair or learn how to find the correct tablecloth size,
we have made many different videos and tools to share our expertise with you.
Tablecloth Sizing Widget
Available exclusively at LinenTablecloth.com, this easy-to-use tool allows you to view all of our different tablecloth sizes
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We also have sizing charts available if you are not using a flash enabled device.
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Our newest addition! The event layout planning tool allows you to recreate a digital space of your event venue so that
you may choose where you would like all of your banquet tables to be placed - and even label them so you know who will sit where!
To make it even better, you can print out your event layout to bring with you when you start setting up!
Click here to start creating your event's layout now!
Instructional Videos
We have many tutorial videos ranging from how to make elegant napkin folds to how to choose the correct chair cover.
These videos can be found on our site, and on our YouTube channel.
Click here to view our on-site instructional videos
Click here to view our YouTube channel for even more helpful tutorials
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As always, if you need any extra help when choosing your table linens, you can contact our knowledgeable customer service representatives.
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© Couleur café 2016
- Opening periods
- Event planned for the month of July 2017
Dates and programme may be subject to change
- Event planned for the month of July 2017
- Address:
Site de Tour et Taxis
Rue Picard 3
- MAPS: Google Maps
Couleur Café opens Brussels' summer festival season! An absolute must in the world of music at Tour and Taxis in Brussels.
This multicultural festival, modelled on Brussels itself offers you no less than 70,000m² dedicated solely to a unique explosion of exotic and throbbing music in the stunning setting of Tour & Taxis.
Like every year, a wide range of styles will be represented: from RnB to hip hop, soukous, reggae, dub, flamenco, salsa, zouk, and not forgetting folk, pop and electronic music.
The 2014 edition festival schedule was:
Basement Jaxx, Girls in Hawaii, Puggy, Alpha Blondy, Youssoupha, Suarez, not forgetting Chinese Man and Morcheeba are headlining and give you a taster of what's to come in this 2014 edition. You can find the concert schedule on the website.
Cool Art Café
Couleur Café does not stop at music, it also offers its "Cool Art Café" themed exhibition, with this year's theme being La Grande Bouffe (The Big Feast).
Speaking of a feast...between some of the unforgettable evening (and night) concerts, stalls for buying trinkets and handmade accessories are at your disposal. You will be treated to cocktails and tasty dishes served with a smile...and all at a reasonable price.
Practical Information
There are various options for tickets per person, which range from €42 for Day 1, to €95 for a 3 day combo ticket. Free entry for children under the age of 10 and accompanied by an adult.
The ticket also includes free public transport and the night shuttle!
The ticket also includes free public transport and the night shuttle!
- website : https://www.couleurcafe.be/en/line-up/
- Tour & Taxis (BRUXELLES)
We are not responsible for any changes in dates and/or programmes. Please contact the organiser prior to departure.


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HPS708 - Psychological Intervention 2
Unit details
|2017 unit information
|Enrolment modes:
|Trimester 2: Burwood (Melbourne)
|Credit point(s):
|EFTSL value:
|Cohort rule:
Must be enrolled in H750 Master of Psychology (Clinical) to enrol in this unit
|Unit chair:
Jane McGillivray
|Incompatible with:
|Contact hours:
1 x 3 hour class and 1 x 1 hour seminar per week
Building on HPS777, Psychological Intervention 1, this is both a theoretical and practical unit that provides the opportunity for students to evaluate the evidence base for, and to develop skills in the delivery of a range of therapies to individuals across the lifespan. At the commencement of the unit, students will access materials related to the evaluation of therapy efficacy and effectiveness, in line with the scientist-practitioner approach, Class topics include therapies to address clinical problems in adults and adolescents, such as complex anxiety disorders, and therapies for issues commonly encountered in children, such as ADHD, child depression, school refusal and other behavioural problems. In addition, adaptation of therapy interventions for people with intellectual disabilities and older adults will be covered.
Many of the therapies studied are based on a cognitive behavioural framework, in line with an emphasis on evidence-based practice. A major focus will be on the development of therapy skills through the use of instructional observation, simulated therapy sessions and role-play, feedback and discussions. Each four hour session will commence with a seminar on the topic linking theory and research to therapy techniques. This will be followed by a practical session in which students will observe a role play of a therapy session demonstrating an intervention from the previous week. These role plays will be presented by students rotating in the roles of therapist and client.
Assessment task 1: Assignment (3000 words) 40%
Assessment task 2: Role-play presentation 15%
Assessment task 3: OSCE* 45%
*Note: The OSCE is a hurdle requirement, thus students must achieve a Pass grade in order to pass the unit.
Prescribed texts
Barlow, D.H. (ed) (2014). Clinical handbook of psychological disorders: A step-by-step treatment manual (5th ed.). New York: The Guilford Press
Unit Fee Information
Click on the fee link below which describes you:


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Located in downtown Champaign, Blind Pig brews its own craft beers. With its beautiful wood interior, casks full of local brews and friendly locals, this bar is a must-see. When the weather is nice, venture outside and enjoy the large outdoor beer garden.
Located in the heart of Illinois' Amish country, The Great Pumpkin Patch is a working farm that features beautiful gardens, including a spectacular collection of more than 5,000 mums, and offers its heirloom seeds for sale. Known for its more than 300 varieties of rare pumpkins, squash and gourds from around the globe that are grown right on the farm and displayed in its Great Pumpkin Patch from mid-September through October 31 every year. The on-site Homestead Bakery sells made-from-scratch goodies such as pies and angel food cake during spring, summer and fall.
Tanger Outlet Center at Tuscola
Tanger Outlet Center offers a big city shopping experience without the big-city hassle. Brand-name stores at great prices including Coach, JCrew, UnderArmor, and Chico's - over 40 brand name outlets! Check out our monthly special events, coupons and sales. Tanger Outlet Center is conveniently located off of I-57, exit 212 in Tuscola. Locations nearby include Champaign and Amish Country.
Discover cute boutiques housed in historic storefronts in downtown Champaign, including antique and consignment shops. Be sure to stop at PACA's Architectural Salvage Warehouse, where you'll find everything from vintage stained glass to ceramic tiles.
Curtis Orchard is an 80-acre apple orchard, pumpkin patch and entertainment farm offers activities for the whole family. Open July 20–December 20, the orchard country store and bakery offer a wide variety of gift and food items, including pies, fritters, apple crisp donuts and award-winning cider. Outdoor activities include seasonal apple and pumpkin picking, kids play structures, a giant slide, several mazes including the corn maze, petting zoo, toddler area, birthday parties and corporate picnics. Weekend activities include outdoor meals, live entertainment, seasonal pony rides, and an orchard wagon.
Prairie Fruits Farm & Creamery
Prairie Fruits Farm & Creamery is Illinois' first farmstead cheese making facility, founded in 2004. Visit this off the beaten path farm and learn about their cheese-making process and their "Animal Welfare Approved" Goat Dairy. Taste their delicious, award winning varieties of goat cheese and sample their amazing goat milk gelato and organic fruits. The farm is open weekdays for drop-in visitors to see the goats, walk the grounds and purchase farm products. During the summer, you can also visit the farm during Wednesday afternoon open houses. In addition to self-guided tours of the farm, you can get gelato by the scoop and purchase products from their farm as well as those from other farms and food artisans. Prairie Fruits Farm & Creamery also offers additional food events in the summer with Dinners on the Farm, Third Friday Pop-Ups, and tasting trail events. This is a working farm, so check their website for hours and activities before venturing out to the farm.
Alto Vineyards' retail wine shop and tasting room offers custom gift baskets, gourmet foods and local artwork. Indoor and outdoor seating offers a place to relax with a glass of Alto's finest. Alto's original location is situated in Alto Pass, on the Shawnee Hills Wine Trail.
An eclectic district filled with dining and multi-cultural attractions, Midtown Champaign, with the beautiful Boneyard Creek flowing, connects Downtown and Campustown Champaign.
Krannert Center for the Performing Arts
What Lincoln Center is to New Yourk and Kennedy Center is to Washington D.C., Krannert Center is to the Midwest—a magnificent showcase for the performing arts. KCPA is a premier educational and professional performing arts complex and is the setting for over 300 performances each year. A professional laboratory for the University of Illinois dance, theatre, opera and music departments, the Center also hosts internationally famous artists such as Emmy Lou Harris, Herbie Hancock, the Chicago Symphony Orchestra, Mark Morris Dance Group, and is home to the Champaign-Urbana Symphony and Sinfonia de Camera.
Discover Green Street and the heart of campus at the University of Illinois. Restaurants, bars, shops, bookstores and more await your presence in this Orange & Blue themed area.
Since its inception in 2002, Prairie Fire Glass has delighted visitors with the mesmerizing art of traditional glassblowing. Featuring a gallery in the front of the store and a working studio in the back, you can peruse original art glass creations while enjoying live glassblowing demonstrations.
Authentic, mix-with-the-Amish experience. Auctions held at Vernon Yoder's farm near Arcola.
Shady Crest Orchard and Farm Market
Come visit this working Amish farm and apple orchard. They have a variety of fresh fruits and vegetables for sale, plus fresh honey, apple butter and maple syrup. A Deli filled with 15 different Country-Cured Meats & 24 different Cheeses is also available Monday - Saturday. While you're there, enjoy a hand-dipped ice cream cone. You can also find Fresh Baked Goods every Thursday - Saturday. Open year round.
Fine art located in the heart of the Illinois Amish country. The Villa Galleries has dedicated its gallery to local artists who have ties to the central Illinois area either through living situation or artwork subject. Photography, watercolors, colored pencil, oil and acrylic, stained glass, and pottery are just a few of the mediums featured in the gallery.
We are very pleased to continue bringing all our valued customers the freshest, made-from-scratch delights such as caramel-iced cinnamon rolls, dinner rolls, honey white and wheat breads, sweet and specialty breads, a variety of cookies, iced cut-out cookies and classic angel food cakes of various flavors. And we feature specialty pumpkin items in the fall. Load up on baked goodies, as well as all the other scrumptious items that we stock on our shelves. These include a substantial assortment of mustard's, pickled vegetables, relishes, salsas, jams, jellies, butter spreads, noodles and a generous selection of fine candies and fudge.
Bath & Body Works -- Tanger Outlet Center
Integrating health, beauty and well-being. Combining the introduction of spa products that are easily used at home with the incorporation of simple rituals into daily life, Bath & Body Works is committed to helping consumers improve their emotional and physical being. Purchase lotions, creams, hand soap and more in a variety of scents.
Bon Worth -- Tanger Outlet Center
Women's casual wear - Petite and misses sizes.
Corningware-Corelle-Revere -- Tanger Outlet Center
Dinnerware and cookware.
Marketplace Shopping Center offers all of the big names from larger cities, but without the long wait lines! Shop everything from the Gap, Limited, and Banana Republic, to Sephora, Finish Line and Eddie Baur. Complete with four anchor department stores, this shopping center also offers a varied food court, multiple restaurants, and even a carousel for the little ones.
Harry and David -- Tanger Outlet Center
Fresh fruit, nuts, and candies.
Famous Footware Outlet -- Tanger Outlet Center
Shoes for the entire family.
Many Styles. One Standard. Amish isn't a style. It's a standard of excellence—desired by many and practiced by a very rare few. It's in the fine details of solid wood drawers, hand-finished, inside and out. It's in the skill of genuine Amish craftsmen, passed down from one generation to the next.
Feast your eyes on the gardens of iris, hostas and day lillies. These bulbs and rhizomes are shipped all over the country. Please call before your visit.
Claire's Accessories -- Tanger Outlet Center
Jewelry and accessories.
Carter's Childrenswear -- Tanger Outlet Center
Children's clothes and accessories.
Gap Outlet -- Tanger Outlet Center
Clothing and accessories for guys and girls.
Open year-round and offering annual and perennial flowers, mums, fall decor, pumpkins, squash, and fall treats. Known also for the 7 acre corn maze, haunted maze and mind twisted maze. School tours and groups welcome. Christmas trees and wreaths offered in winter months.
Gifts, decorative accessories, jewelry, candy - life's simple pleasures
Ambero Antiques and Decorative Arts
Located on the west side of the historical Courthouse square in Charleston, IL, Ambero Antiques & Decorative Arts provides authentic antique, vintage, and contemporary furnishings at fair prices. Here you will find an eclectic mix of furniture, mirrors, art, ceramics, metalwares, textiles, and jewelry.
Featuring Watercolors of Larry Ziemer, plus other artists
Floral items.
In the heart of downtown Urbana, Lincoln Square offers places to eat, shop, work, relax, and do business with plenty of parking. One of the nation's first fully enclosed malls and home to the historic Lincoln Hotel, Lincoln Square of Urbana is building on it's great past and moving toward and even greater future.
We specialize in Americana, limited edition prints, custom framing, primitive antiques, gifts and decor. We are located in a 1906 vintage church.
Locally hand crafted goodness, baked goods, fun decor for the home, children's section & more, soaps, blankets, antiques, sock monkey & designer fabrics, amish souvenirs, hand woven rugs, teapots and more.
Join thousands of residents and visitors during Market season and connect with growers at Urbana's Market at the Square. Choose locally-raised foods and treasure-hunt among the art and craft vendor booths. Gather information about local non-profits, schools and other community groups on our Community Row. Catch up with friends, take in a set from local performers, and enjoy the public square atmosphere the Market has to offer. Saturday morning at Urbana's Market at the Square is one of our city's signature institutions. It's a great way to kick off your weekend! Open May through November.
Here at Olde Brick Wall we carry a wonderful collection of upholstered and early American reproduction wood painted furniture. There are several styles and colors to choose from. To complete your whole room, we carry paint, curtains, shower curtains, pillows, rugs, chandeliers, shelves and pictures. Established in 1994 in a charming, old hotel building in the heart of Illinois Amish country, Arcola, the Olde Brick Wall features a wonderful gathering of tinware, light fixtures, candles, redware, folk art and primitives. We offer everything you could ever want to give your home that special look, feel and smell of country that we all love so much.
The midwest's premier woodworking destination is a haven for woodworkers. Their top-tier educational facility offers project and skill courses for all levels with classes running evenings, weekends and weekdays. The adjoining 8,000 square-foot supply store, open six days a week, is unique to Central Illinois and offers "all things woodworking" including 60 varieties of hardwoods. Free demos and seminars are available many Saturdays. Making the CU Woodshop even more of a destination is the DreamShop, where hobbyists can perfect their skill.
General antiques, collectibles, lighting, restoration and repair. Call for appointment.
Nostalgic general store filled with Amish wood crafts, quilts, food products and souvenirs.
A shop full of antiques and 30+ dealers, plus a large inventory of antique oil and gas lamps. Repair and parts are available for antique and modern oil and gas lamps. Authorized Aladdin Lamp dealer and repair.
Seek out life's simple pleasures...A gathering of primitives, antiques, folk art, and home and garden decor. A memorable shopping experience!
The largest antique mall in Charleston. The Copper Eagle antique mall is located at the corner of 3rd Street and Madison Avenue, known locally as "Five Points". The Copper Eagle has grown to around 75 dealers offering over 3000 square feet of antiques and collectibles. Inventory changes daily and many of vendors offer periodic specials. Copper Eagle is open every day of the week, so stop in and spend some time browsing - you might just find that one piece you have been searching for!
Pick up fresh asparagus at this roadside spot from mid-April through the end of May.
Area's largest of hand-crafted Amish and oak furniture, collectible prints, and accessories, along with Country Dreams furniture exhibit.
This roadside produce stand offers asparagus, radishes, eggplant and sweet corn.
Small craft and gift shop. Some antiques.
Calico Workshop and Oak Furniture
Along with Amish Oak furniture, the Calico Workshop offer a lot of, you guessed it, calicos and fabric. Pre-made quilts, patterns, and quilting supplies.
A friendly little store with a lot of new stuff on the east side of the square.
Atwood Visitor & Information Center
Early trains made an "at-the-woods" stop, and in 1873 the town of Atwood was formed. Main Street today features split-rail fences, benches, grassy areas and country crafts, collectibles and antiques.
Jane Addams Book Shop in downtown Champaign offers more than 70,000 titles in fifteen separate rooms on three floors, plus ephemera (old photos, postcards, tickets, advertising materials), greeting cards, and bookmarks. Find rare, out of print, or hard to find titles or purchase a gift card for a book lover!
This market sells fresh local produce.
Beautiful flowers, gifts, candy and cards. While away a few minutes in this treasure trove.
Seasonal retail store offers heirloom quilts & homespun accessories. Occasionally the Mennonite shop owner may be seen working on her quilts.
Check out the store and bakery, where you can buy apples, peaches, cider, jams, jellies and apple butter. A playground and picnic area is available. An apple festival is held over Columbus Day weekend.
This roadside spot sells in-season fruits and vegetables.
Zales The Diamond Store Outlet
High quality jewelry and accessories.
Contemporary fashions for men and women.
Stop at this roadside spot and pick your own strawberries.
Large antique store featuring multiple antique dealers.
What started as a retail shop in the small farm town of Homer, has expanded into a national wholesale soda distributor. Shop hundreds of flavors of soda in this adorable little shop located on Homer's main drag. Pick up anything from the classic orange soda to bacon and cherry infused, so you get as creative as you like. While you'll see these sodas at restaurants and shops all over town, there's nothing better than picking these up right from the distributor.
Kleiss Produce Farm and Country Market
This Champaign-Urbana area farmer's market sells in-season vegetables, melons, pumpkins and fruits.
Bass Company Store -- Tanger Outlet Center
Shoes and clothing for men and women.
Party supplies and gifts.
The Woodloft works directly with the local Amish craftsmen here in the Illinois Amish Country to ensure that we can offer the finest heirloom quality pieces of custom furniture. The Wood Loft prides itself on being the best store in the Illinois Amish area with the ability to create custom furniture made right here by the Arthur Amish. We have a great staff who stand ready to help you create your heirloom today. Visit our showroom in Arthur, Illinois, or browse our on-line catalog for ideas or to select items that fit your needs.
Many gift ideas, from miniatures to decorative and functional items. Mementos of the Arthur area, in pewter and brass.
We are the largest custom furniture and cabinet manufacturer in the area. If the item you want is not currently available, we will be happy to custom make it.
A unique shop featuring gifts for every occasion, gourmet foods, Camille Beckman hand and body products - Home decor -- candles, aromatique potpourie, Boyds Bears and gifts -- Jewelry. Stop in to sample our gourmet coffee.
Gifts - Raggedy Ann dolls and books - Amish souvenir gifts - T-shirts - locally made brooms - Ambassador greeting cards - infant dept. - Alfred Dunner and Click sportswear - men's sportswear.
A custom stain glass studio.
Vintage Karma opened in downtown Tuscola in 2012 to offer handmade goods, funky antiques, unique jewelry and local art. Many of the creations are repurposed items, giving new life to discarded things and turning them into one-of-a-kind works of art.
The I.D.E.A. Store is a retail treasure trove of materials for projects large or small. Discarded materials are perfect for the building, decorating, creating, or re-purposing projects that fill your creative life. A fun, open, and constantly evolving artistic environment awaits you each time you visit.
The Vault Arts Collective is a unique and eclectic collection of artists and artisans from all of central Illinois. Our 12,000 square foot former bank building is home to over forty artists that have come together to create and sell art with the common goal of sharing their talents with the world and, in turn, bring the world to Tuscola.
This charming Amish wood shop and store features locally made Amish goods. Toys, treats, quilts, crafts and baked goods can also be purchased here.
In the heart of Amish Country; featuring home furnishings, Vera Bradley, Kitchen and Specialty foods.
Yoder's Homestead Shop & Furniture
Beautiful locally crafted Amish furniture in walnut, oak, quarter-sawn, cherry, hickory and maple. You can also find quilts and locally made jams, jellies and popcorn.
Largest showroom in the area for Amish-crafted furniture.
Exile on Main Street has the best selection of vinyl in Champaign County. Full of character, this cool little shop has a great variety of new and classic artists. And, with their friendly and knowledgeable staff, you'll be able to find just what you're looking for.
Body N' Sole Sports prides themselves on making sure that you purchase the correct shoe for your feet and for your purposes. Discuss your physical needs and concerns with their educated staff, and allow them to observe your foot strike pattern with a digital video recording of your on a treadmill. Talk about high-tech fitness!
Antiques & More at Staley Road
Antiques & More at Staley Road is the largest antique, primitive, retro and collectible store around the Champaign area. With over 70 vendors, something is bound to catch your eye. From blue mason jars, vintage chairs and antique toys to antique bed frames, signs and artwork, you'll find something to check off of your list. Our store features Bella Ruth Vintro Style Boutique and is equipped with jewelry, clothing and accessories to add a vintage and retro feel to any outfit. On any day, you can find the owner in vintage clothing to help customers find inspiration for retro outfits.
LaPayne Photography specializes in the creation and marketing of panoramic photography. Through the years we have integrated both a photo lab and a frame shop into the business to be able to offer you exceptional value.
Official Illinois cabin featuring Illinois information literature, Lincoln memorabilia, Illinois artisans and Illinois food products and souvenirs.
Antique mall and other business.
Furniture, giftware, lighting, stained glass mirrors.
We invite you to come and visit us at Round House Antiques in Charleston, IL to see our unique selection of antiques, primitives and collectibles. We sell quality vintage and antique items that can be treasured for a lifetime and passed down for generations. Antiques, collectibles, vintage jewelry, primitives, furniture, glassware, gift certificates, and layaway.
Take a break and enjoy a full-service espresso bar, premium wines, and craft beers. Treat yourself to a selection of pastries and appetizers after a busy day shopping in Amish Country.
Consignment and antique store with new items arriving daily. Sullivan is located in beautiful Amish Country.
Coach Factory -- Tanger Outlet Center
Leather handbags, purses, and accessories.
New and used books, cards and more.
Beautiful store with unique vintage clothing, handmade jewelry and home decor.
Hello and welcome to That's Rentertainment -- the last locally owned and operated video store in the Champaign-Urbana / University of Illinois area. That's Rentertainment caters to film fans (and fanatics) who have grown tired of the typical Blockbuster fare. We specialize in international, independent, classic American and Art House films on DVD (with a handful of VHS tapes left over that have never been released on DVD). With over 37,000 DVDs and close to 2,500 BluRay discs, That's Rentertainment has the largest selection of movies in the entire Champaign-Urbana area -- if not all of Illinois.
Antiques and collectibles, fine china, glassware, primitives, toys, lamps, furniture, pictures, quilts, vintage and more.
Seventy plus booths featuring antiques, crafts, collectibles, Coca-Cola memorabilia, agricultural equipment and Fenton glassware. Three flea markets, Memorial weekend, Labor Day weekend, and the Fourth of July.
Shopping on a budget isn't a problem in this small town store. Low-priced donated items including clothing, toys and home decor.
Candles, enamelware, pottery, lighting and accessories, furniture, linens, primitive, colonial and cottage.
Over 40 quality antique dealers offering: furniture, glassware and collectibles. Let's make a deal.


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Virgin Blue To Increase Fuel Surcharge07/04/2005
Virgin Blue has announced it will reluctantly increase its fuel surcharge as a result of record high oil prices.
The surcharge on Virgin Blue domestic flights will increase from $10 to $19 per sector, while the surcharge on flights operated by Virgin Blue's international carrier Pacific Blue will increase from $20 to $35 per sector.
Virgin Blue Chief Executive Officer Brett Godfrey said "We will continue to review our position and while we are loathe to increase the cost of air travel even by a relatively small amount, like all airlines around the world we are currently faced with dramatic increases in costs due to the record price of jet fuel."
"Since our last across the board fuel surcharge in August, 2004, the price of fuel has risen a further 46 percent," he said.
"If fuel prices stay at current levels, Virgin Blue's fuel bill this year will be $165 million more than in 2004-2005."
The new surcharges will come into effect after midnight on Monday 11 April 2005.


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Rocket Dog Wheelie Crochet Flat
Sorry, this item is sold out!
Looks like you've got more shoe shopping to do - have fun!
Looks like you've got more shoe shopping to do - have fun!
Item # 271783
Looking for a flat to add a casual finishing touch? Check out the Wheelie from Rocket Dog. Comfy and casual, a little flat goes a long way!
- Canvas and crochet upper
- Elastic side panels for easy slip on
- Frayed edging
- Synthetic sole
- Imported
- View more Women's Rocket Dog Shoes
By: smalbers
Location: OH
March 14, 2014
Great shoe!
"great shoe-very breathable. currently wearing them right now!"
By: DawnSanDiego
Location: San Diego
August 07, 2013
A bit too casual and unstructured
"These shoes are cuter in the picture than they are in person. They are very unflattering and run very wide. I have wide feet and they are still just too unstructured and sloppy-looking. I know they are supposed to be casual but they are just too high priced for the quality. They look like about $5 shoes. They are not well made either. The inside elastic strips on either side of the "tongue" of the shoes don't lay flat, and kind of stick out. They're just not made well, and not for me at all. I am returning them. They look hand-made, and not in a good way."
By: K189
Location: Boston
May 20, 2013
"If you're looking for a pair of comfy, cute shoes to kick around in this summer, look no further (unless you have narrow feet because these are very wide!). Mine were a bit on the wide side even for me but I just stuck in a pair of terrycloth shoe inserts that I wear in summer sneakers anyway so I can go sockless and they're perfect! So comfortable! And so much cheaper than those crochet Toms I thought about buying. Like these so much I'm getting a 2nd pair for when my first are worn down!"
By: Ehprn
Location: Indianapolis
May 08, 2013
Great flat
"I love these shoes. They are a fun alternative to the sandals typically worn all summer long. They are comfortable. Somewhat scratchy, but will wear in easily. Great price."
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Would you pass the 'beer test'?
I missed my last blog, as my mom recently passed away. One thing I will share with you is that my mom was truly the nicest person I ever met. That was obviously a wonderful thing for me throughout my life, and I hope at least a little of the niceness rubbed off on me. I think it helped me prosper work-wise, specifically at my current company. That's because our company's personality is one of being "nice." That may sound biased, but being nice is not always the best corporate personality to have.
Nice works for companies like First Business because we're …Read More


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New Balance Minimus 20 Trail Running Shoes - Womens
Sorry, this item is sold out!
Looks like you've got more shoe shopping to do - have fun!
Looks like you've got more shoe shopping to do - have fun!
Item # 256374
You will experience a whole new light when running in these feather-weight New Balance® Minimus 20 trail running shoes. Feel those feet flex independently and run like the bare-foot bandit over the river and through the woods in these lightweight mesh shoes.
- Leather, synthetic and mesh upper
- Odor resistant and anti-microbial technology
- Deconstructed ACTEVA® midsole for flexibility and a super lightweight cushion
- Lightweight Minimal Vibram® outsole for traction and durability
- Imported
- View More New Balance
By: AnneProsnik
Location: Denver, CO
October 01, 2012
For people who need a large toebox, BUY THIS!
"I have a strange foot, my toebox is wide, but then my foot narrows down to a thin heel. Often men's shoes are the only thing that feels comfortable, but I walk out of the heels of the shoes!Finding athletic shoes has been a nightmare. This shoe is amazing, it's as if it was made for my foot. It has plenty of room in the toe and doesn't rub anywhere. The heels cups nicely and although there is a tiny bit of play, it's not worth talking about.It's a "form fitting" shoe and more like a second skin than a thick-soled shoe. I think I'd use it for walking and definitely for cardio stuff and regular wear, but I wouldn't use it for anything that needs ultra high-impact resistance. The soles are very soft and flexible and after wearing them for a while, I think that if you wear these for 16-20 hours a week, they'll probably be gone in a year, maybe 9 months.Aesthetically, they are feminine, but not exactly girly. Because of the large toebox, they look a little like flippers, and for people who don't have height, but have larger feet, it might look a little funny. Not something I'd wear to a "smart casual" place, but good enough.That being said, I am going to buy more of these and hopefully find them in a few colors. Talking about color, the accent color (so purple for what I chose) is what's on the inside of the shoe. A very nice addition, although only appreciated by the wearer!YAY! I have great, feminine athletic shoes."
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Ecosystem Science and Technology Branch, Earth Sciences Division, Ames Research Center, NASA
Data Center Description
The NASA Ecosystem Science and Technology Branch conducts research in
ecosystem modeling, public health, and information technology. They
inform the public about NASA research, data and technology
developments through education and outreach. In some instances this
occurs formally through classroom instruction by branch members and
through development of Earth science curriculum materials.
[Summary provided by NASA.]


text:
Last Updated on 10th July, 2006
Dataca Pty Ltd (ABN 30 120 580
912) provides goods and services subject to the
following terms and conditions. By purchasing or receiving goods or services
from Dataca, the Customer acknowledges that it has read, understood, and
agreed to be bound by the following terms and conditions, without limitation or
1. Definitions
1.1 Unless the contrary intention
appears, the following words have these meanings in this Agreement:
Agreement means any agreement or contract, incorporating all
of the documents referred to in 2.3 (each as amended from time to time), entered into for the provision of goods and/or
services by Dataca to the Customer;
Customer means a person, firm, corporation or other legal
entity, jointly and severally if there is more than one, acquiring goods or
services from Dataca;
Customer's Equipment means all the
computer, network, other equipment, hardware, hard disk drive, tape or other
data storage media or device of the Customers that Dataca will supply any goods
or services for.
Data means all the software, files, data and any other information
stored on the Customer's Equipment.
Dataca means Dataca Pty Ltd (ABN
30 120 580 912) and its related companies, its employees, contractors or
Goods means the goods (including any equipment,
hardware, software or peripheral products) supplied by Dataca to the Customer. The
goods shall also include any part or component of them;
GST means
the Goods and Services Tax as defined in A New Tax System (Goods and
Services Tax) Act 1999 (Cth);
Services means the provision of services supplied by Dataca to the Customer; and
Terms means these Terms and Conditions.
1.2 In this Agreement, unless the contrary intention appears:
(a) a reference to:
(i) this Agreement, another instrument or any schedule or annexure includes
any variation or replacement of any of them; and
(ii) a statue, ordinance, code or other law includes regulations and other
instruments made under it and any consolidations, amendments, re-enactments or
replacements of any of them; and
(iii) the singular includes the plural and vice versa; and
(iv) one gender includes the others; and
(v) a person includes a reference to the person's executors, administrators,
successors and permitted assigns and substitutes (including persons taking by
novation); and
(vi) a day is to be interpreted as the period of time commencing at midnight
and ending 24 hours later; and
(vii) any thing (including any amount) is a reference to the whole and each
part of it, and a reference to a group of persons is a reference to all of them
collectively, to any two or more of them collectively and to each of them
individually; and
(b) an agreement, representation or warranty in favour of two or more
persons is for the benefit of them jointly and severally; and
(c) if a period of time is specified and dates from a given day or the day
of an act or event, it is to be calculated exclusive of that day; and
(d) the words "including", "for example" or "such as" are not to be used as,
nor interpreted as, words of limitation.
1.3 Any headings that have been used in this Agreement are for convenience
only and shall not be construed as forming part of this Agreement or be used in
the interpretation of any provision of this Agreement.
2. Basis of Agreement
2.1 Unless otherwise agreed to in
writing by Dataca, these Terms apply exclusively to every quotation and sales
contract (express or implied) for the supply of goods or services by Dataca to
the Customer and cannot be varied or supplanted by any other terms, including
the Customer's terms and conditions of purchase (if any).
2.2 Any quotation provided by Dataca
to the Customer concerning the proposed supply of goods or services is:
(a) valid
for fourteen (14) days;
(b) an
invitation to treat only; and
(c) subject to the Customer offering to enter into an Agreement
and accepting these Terms.
2.3 This Agreement incorporates these
Terms and may include additional terms and conditions provided:
(a) in
Dataca's quotation, which are not inconsistent with these Terms; and
(b) by
Dataca in relation to any specific services, which are in addition to those
covered by these Terms, whether or not they are contained in a schedule.
2.4 To the extent of any inconsistency between the documents referred to in
2.3, the following rules shall apply:
(a) Dataca's
terms and conditions for specific services prevail over these Terms; and
(b) These
Terms prevail over the remaining documents.
2.5 An order or an offer to purchase goods or receive services can be made
by the Customer in writing, electronically or verbally. This Agreement is
accepted by Dataca when Dataca confirms its acceptance of an offer from the
Customer in writing or electronic means or provides the Customer with the goods
or services.
2.6 Dataca in its absolute discretion may refuse to accept any offer.
2.7 It is the Customer's responsibility to provide Dataca with its specific
requirements in relation to the goods and services.
2.8 Dataca may vary or amend these Terms by notice in writing to the
Customer at any time. Any variations or amendments will apply to orders made by
the Customer after the date of notice.
3. Customer's Obligations
3.1 The Customer agrees to comply with, and pay all applicable fees that
apply to it in relation to this Agreement.
3.2 The Customer agrees that as an essential term of
this Agreement, that it is the Customer's sole responsibility to backup all
the Data that is stored on the Customer's Equipment or goods, prior to Dataca providing
any services whatsoever (including onsite, remote, back to base and warranty services)
on the Customer's Equipment or goods.
4 Description of Services
4.1 Dataca provides services by:
(a) visiting
the Customer's requested location (On-Site Services)
(b) helping
the Customer over the phone and/or through remote computer access (Remote
(c) servicing
the Customer's Equipment at its Service Centre (Back To Base Services).
4.2 Remote Services
(a) Dataca
will attempt problem diagnosis and a solution over the phone and/or through
remote computer access for an applicable fee.
(b) Dataca
may need remote access to the Customer's computer in order to diagnose the
problem further or provide a solution. Dataca is unable to access the
Customer's computer unless the Customer has:
(i) given its permission to do so; and
(ii) downloaded the required software; and
(iii) met certain minimum specifications such as a working internet connection
and other requirements as provided by Dataca at the time of providing the
4.3 On-site Services
(a) Dataca
will visit the Customer's requested location (Customer's Premises). In order to
receive On-site Services, the Customer must:
(i) ensure that the Owner's consent has been given for Dataca to enter the
Customer's Premises and that Dataca is:
· met promptly by the Customer or its authorised member; and
· accompanied at all times, while on the Customer's Premises by the
Customer or its authorised member who must be at least 18 years of age and
familiar with the Customer's Premises and safety procedures.
(ii) provide Dataca with:
· full, safe and prompt access to the areas and equipment
necessary; and
· the necessary passwords and/or administrator privileges required;
· adequate working space, electrical power and make available to
Dataca, free of charge, all facilities (including telecommunication) and
services reasonably required by Dataca to properly provide its services under
this Agreement.
(b) The
Customer agrees that if Dataca arrives at the Customer's Premises and if Dataca
reasonably believes that the Customer has not met the conditions of 4.3(a),
then services may be denied and a $99 cancellation fee will be assessed.
4.4 Back To Base Services
(a) In
cases where Dataca is unable to adequately or economically perform Remote or
Onsite Services, or where the Customer requires Data Recovery Services, Dataca
may ask the Customer to deliver the Customer's Equipment to Dataca's Service
Centre. At the Service Centre, Dataca can solve complex problems, perform
upgrades, configure servers, recover data and test equipment before it is
(b) In
order to receive our Back to Base Services, the Customer must:
(i) agree to and sign our Computer Release Form or where applicable Data
Recovery Service Request Form.
(ii) take out the necessary insurance(s) required to adequately protect the
Customer's Equipment and Data from loss or damage.
4.5 Discontinuation of Services
(a) Dataca
reserves the right (and without liability) at any time to discontinue providing
any or all services if, in its opinion:
(i) the Customer's minimum system requirements are not met or the technical
needs (including wiring or overcoming physical or technical barriers) or other
requirements are unusual or extensive and beyond the scope of the services;
(ii) the Customer's Equipment is beyond reasonable service repair;
(iii) it is otherwise not practicable or expedient to complete the Services;
(iv) Dataca does not have the necessary access or cooperation to perform its
(v) Dataca is concerned for its safety;
(vi) the Customer has not meet any of the requirements under this Agreement,
(vii) any other factor or event beyond Dataca's reasonable control that prevents
it providing the services.
5 Customer's Equipment
and Data
5.1 The Customer authorises:
Dataca to undertake any
work to the Customer's Equipment requested; and
receive and
transport the Customer's Equipment to, from, and between Dataca facilities and
5.2 When Dataca provides the Customer with services, sometimes access to,
and incidental copying of, the Customer's personal and confidential data is
unavoidable. Dataca will always attempt to limit its interaction with the
Customer's files to minimum.
5.3 The Customer warrants:
(a) it is the legal
owner, representative, or otherwise has a legitimate right to the Customer's
Equipment or act on the Owner's behalf and all Data contained therein;
(b) that no material
contained on the Customer's Equipment subject to any services by Dataca is
illegal or illicit in nature;
(c) that it holds
title to any Data that is required to be copied or transferred, and the
Customer hereby indemnifies Dataca from any claim for breach of ownership
rights, and from any other claim whatsoever that may arise from Dataca copying
or transferring the Customer's Data.
5.4 When Dataca provides the Customer with certain services such as repair
or data recover, it may be necessary for Dataca to open the Customer's
Equipment. The Customer acknowledges and authorises the opening of the relevant
Customer's Equipment and in doing so may void any warranty in relation to it.
The Customer will not hold Dataca liable for voiding any warranty in relation
to the relevant Customer's Equipment, or for any subsequent loss, damage or
destruction, however caused.
6 Privacy and Confidentiality
6.1 Dataca respects the Customer's privacy and confidentiality. Dataca has a
Privacy Policy that describes how Dataca collects, uses and safeguards the
Customer's personal information and the choices the Customer can make about the
way its personal information is collected and used. The Privacy Policy forms
part of this Agreement and can be viewed at http://www.dataca.com.au/privacy/.
The Customer should review the Privacy Policy before it provides any personal
information to Dataca.
6.2 Dataca guarantees the strict privacy and confidentiality of all the data
and agrees not to disclose any and all information or data files supplied with,
stored on, or recovered from the Customer's Equipment except:
(a) to
Dataca's personnel subject to confidentiality agreements; or
(b) as
stated in Dataca's Privacy Policy; or
(c) as
required by law.
7 Pricing
7.1 Unless otherwise stated, all prices quoted or that appeared in Dataca's
price list for the supply of goods and services are in Australian dollars and inclusive
of GST but exclusive of any other taxes, duties, levies, exchange rates, freight,
handling or insurance charges all of which the Customer must pay in addition to
and at the same time as the price for the goods or services.
7.2 If the Customer requests any
variation to the Agreement, Dataca may increase the price to account for the
7.3 Where there is any change in
the costs incurred by Dataca in relation to goods or services, Dataca may vary
its price for the goods or services to take account of any such change, by notifying
the Customer.
7.4 All goods supplied by Dataca are charged separately and in
addition to services.
8 Payment
8.1 Unless otherwise agreed to in writing
by Dataca, payment for goods and services must be made on or prior to
the supply of goods or completion of services unless the Customer has a credit
account with Dataca. Where a credit account is in place, the amount due shall
be paid by the Customer within the due date specified on the invoice (which
unless stated otherwise, means fourteen (14) days from the date of invoice
8.2 Payment terms may be revoked or
amended at the sole discretion of Dataca immediately upon giving notice to the
8.3 Dataca offers payment by credit card, funds transfer to Dataca's bank
account, cheque or money order ("Payment Methods"), subject to eligibility and
at its sole discretion. No payment shall be considered made until it is
received in full cleared funds by Dataca.
8.4 The time for payment shall be of the
essence in any Agreement.
8.5 If any part of an invoice is in dispute, the balance will remain payable
and must be paid when due. The Customer has no right to set-off any claim
against Dataca from moneys owing to Dataca.
9 Payment Default
9.1 If the Customer defaults in payment
by the due date of any amount payable to Dataca, then all money which would
become payable by the Customer to Dataca at a later date on any account,
becomes immediately due and payable without the requirement of any notice to
the Customer, and Dataca may, without prejudice to any other remedy available
to it:
(a) charge
the Customer interest on any sum due at the rate of four percent (4%) per month
or the highest rate permitted by law, whichever is less, for the period from
the due date until the date of payment in full;
(b) charge the Customer for, and the Customer must indemnify Dataca
from, all costs and expenses (including without
limitation all legal costs and expenses, dishonoured payment fees) incurred by
Dataca resulting from the default or in taking whatever action it deems
appropriate to enforce compliance with these Terms or to recover any goods or
sum due;
(c) retain the Customer's Equipment in its possession
or withhold delivery, or performance until arrangements as to payment or credit
have be established which are satisfactory to Dataca.
(d) be entitled to
a general lien on all Customer's Equipment or goods belonging to the Customer
in Dataca's possession for any outstanding amount owing by the Customer to
(e) has the
right to offset the amounts outstanding in all accounts and the net balance
will become due and payable immediately;
(f) cease or suspend for such period as Dataca thinks
fit, supply of any further goods or services to the Customer;
(g) by notice to the Customer, terminate any agreement with
the Customer so far as unperformed by Dataca;
without effect on the accrued rights of Dataca under any agreement.
9.2 Clauses 9.1(f) and (g) may also be
relied upon, at the option of Dataca:
(a) where the Customer is an individual
and becomes bankrupt or enters into any scheme of arrangement or any assignment
or composition with or for the benefit of his or her creditors or any class of
his or her creditors generally; or
(b) where the Customer is a corporation and, it enters into any scheme of
arrangement or any assignment or composition with or for the benefit of its
creditors or any class of its creditors generally, or has a liquidator,
provisional liquidator, administrator, receiver or receiver and manager
appointed, or any action is taken for, or with the view to, the liquidation
(including provisional liquidation), winding up or dissolution without winding
up of the Customer.
9.3 If any method of payment the Customer uses to pay Dataca is declined or
otherwise dishonoured or rejected (other than through the default of Dataca),
Dataca reserves the right to charge the Customer, and it agrees to pay an
administration fee on each and every occasion where this occurs to cover
Dataca's time and expense according to the following schedule:
(a) for cheque payments a $45 (excluding GST) charge;
(b) for credit card payments a $15 (excluding GST) charge;
(c) any other payment method a $25 (excluding GST) charge.
10 Passing of Property
10.1 Until full payment in cleared funds
is received by Dataca for all goods and services supplied by it to the
Customer, as well as all other amounts owing to Dataca by the Customer:
(a) title and property in all goods remain vested in Dataca
and do not pass to the Customer;
(b) the Customer
must hold the goods as fiduciary bailee and agent for
(c) the Customer must store the goods separate from
its own goods and in a manner that shows clearly they are the property of
Dataca, maintain records relating to the goods, secure the goods from risk,
damage and theft and ensure that the goods are kept in good and serviceable
(d) the Customer may sell the
goods, in the ordinary course of its business, but only as fiduciary agent of
Dataca. The Customer must not represent to any third party that that the
Customer is acting in any capacity for or on behalf of the Dataca and the
Customer has no authority to bind Dataca to any contract or otherwise assume
any liability for or on behalf of Dataca. The Customer receives all proceeds
(including any proceeds from insurance claims) in trust for Dataca and must
keep the proceeds in a separate bank account until all liability to Dataca is
discharged. Failure to maintain separate accounts does not affect the
Customer's obligation to deal with the proceeds as trustee;
(e) if the Customer uses the goods in some manufacturing or construction
process of its own or of a third party, the Customer must hold in trust for
Dataca that part of the proceeds of the manufacturing or construction process
as is equal to the amount owing by the Customer to Dataca at the time of
receipt of the proceeds.
(f) Dataca may without notice, enter any premises where it suspects the
goods may be and remove them, notwithstanding that they may have been attached
to other goods not the property of Dataca, and for this purpose the Customer
irrevocably licences Dataca to enter such premises
and also indemnifies Dataca from and against all costs, claims, demands or
actions by any party arising from such action.
10.2 All rights, title or interest in respect of the intellectual property
rights in the software shall remain with the applicable licensor(s) at all
11 Risk and Insurance
11.1 The risk of loss or damage to the
Customer's Equipment and Data, including whilst under Dataca's custody or
control, remains with the Customer at all times.
11.2 The risk in the
goods and all insurance responsibility for theft, damage or otherwise in
respect of the goods will pass to the Customer immediately on the goods being dispatched or taken from Dataca's premises.
11.3 The goods are sold
to the Customer on the basis that the Customer has obtained all necessary
licenses or permits under all relevant laws and regulations in relation to the
12 Delivery and Collection
12.1 The Customer is responsible for
delivering the Customer's Equipment to Dataca's premises.
12.2 The Customer must pay all charges in
connection with delivery, collection, transportation, special packaging and insurance
of the Customer's Equipment and Data (including whilst in transit).
12.3 Dataca will, at its discretion, arrange for the delivery of the
goods to the Customer and designate the route and the means of transportation
for the delivery of goods. In the event that the Customer requires a more
expensive route or means of transportation the Customer will reimburse Dataca for the extra cost involved.
12.4 Dataca reserves the right to deliver
the goods or services by installments and in any sequence. Where the
goods or services are so delivered by installments:
(a) each installment shall be deemed to be the subject of a separate Agreement;
(b) Dataca will be entitled to invoice the Customer for the goods or
services delivered; and
(c) no default or failure by Dataca in respect of any one or more
installments shall invalidate the Agreement in respect of goods or services
previously delivered or undelivered goods or services.
12.5 If the Customer's
Equipment or goods are not picked up, or Dataca does not receive forwarding
instructions sufficient to enable it to dispatch the Customer's Equipment or goods
within fourteen (14) days of notification that the Customer Equipment or goods
are ready, the Customer shall be liable for storage and similar charges payable
monthly on demand.
13 Performance of
13.1 Any period or date
for delivery of goods or provision of services stated by Dataca is intended as
an estimate only and is not a contractual commitment. Dataca will use its
reasonable endeavours to meet any estimated dates for
delivery of the goods or completion of the services but will, in no circumstances whatsoever, be liable for any loss or damage suffered by the Customer or
any third party for any delay or failure to meet any estimated date. The
Customer agrees that delivery or completion dates are not to be treated as an
essential condition of the Agreement.
14 Software
14.1 All software provided by Dataca to the Customer is subject to the terms
and conditions of the licence agreement relating to that software. The Customer
acknowledges its obligations to abide by such licence agreements.
14.2 Any software supplied by the Customer to Dataca for installation will
required the Customer to provide Dataca with the necessary installation disks,
product serial numbers and/or activation codes for the software.
14.3 Dataca will not be responsible to the Customer or any third party
for any breach of any software licence in respect of software provided to
Dataca by the Customer to be installed on a Customer's computer.
14.4 Dataca does not warrant that the operation of any software it supplies,
installs or services will be effective, compatible, uninterrupted or error
free. The Customer acknowledges that software (and information technology and
communications products generally), including its software, may have errors and
may encounter unexpected problems, and accordingly, the Customer may experience
downtime and errors in the use of software. Without limiting the obligations set out in clause 3, the Customer
will put in place reasonable internal procedures and processes to enable it to
minimise any inconvenience and any adverse financial impact of any such
downtime or error.
15 Service Guarantees
15.1 No Fix No Fee - If Dataca is unable to diagnose the cause of the
Customer's hardware or software problem or provide a solution, then no charge
will apply. However in some cases, the solution to the problem may require the
Customer to upgrade or replace its hardware or software. If Dataca advises the
Customer of a solution to the problem, the Customer acknowledges that Dataca
has met its commitment in providing a solution to the problem, whether or not the
Customer chooses to implement that solution. Dataca does not warrant that it
will be able to fix all problems which it diagnoses, or that a solution will be
provided in any particular time, or for any particular amount of money.
15.2 Service Guarantee - Dataca guarantees the provision of its
services from the date of delivery according to the following schedule:
(a) five (5) days for Remote Services;
(b) fourteen (14) days for data recovery;
(c) thirty (30) days for On-site and other Back-To-Base Services.
If the Customer has a problem
with the service Dataca provided, and the Customer notified Dataca within the above
stated time period and, Dataca's diagnosis of the problem indicates that the service
was not performed satisfactorily then Dataca will work to remedy the problem quickly
and at no additional cost.
16 Disclaimer of Warranties
16.1 All terms, conditions, warranties, statements, guarantees, undertakings,
or representations (whether express or implied) under statue, common law,
equity, trade usage, custom, prior dealings or otherwise in relation to any
goods or services provided by Dataca are hereby expressly excluded unless:
(a) they are expressed in these Terms;
(b) they are contained in any warranty statement provided with the goods or
(c) they are necessarily implied under any applicable law having
jurisdiction over the supply of the goods or provision of the services;
(d) they are contained in any other terms and conditions to which Dataca
agrees, in writing, to be bound.
16.2 In the event that the Dataca is supplying goods which have been
manufactured or licensed by a third party, the Customer shall be entitled to
the benefit of any manufacturer's or licensor's warranty in respect of such
goods (including software).
16.3 Any warranty provided by
Dataca in the Terms or elsewhere does not
apply in circumstances where:
(a) the goods or services are not defective;
(b) the goods were used or services required for a purpose
other than for which they were intended;
(c) the goods were repaired, modified or altered by any person
other than Dataca or its authorised personnel;
(d) the defect has arisen due to misuse, neglect, malpractice or
(e) the goods have not been used, installed, stored or maintained
as recommended by Dataca or the manufacturer instructions;
(f) the defect has arisen due to normal wear and tear on the
goods; or
(g) the Customer is in breach of the Terms.
16.4 Any replacement under warranty will be carried out at the premises
nominated by Dataca. The cost and risk of transport of any defective part to
the nominated premises is the responsibility of the Customer.
17 Indemnity
17.1 The Customer agrees to indemnify and hold Dataca, harmless from any
claim, demand, injury, damage, loss, expense, cost or liability, (including
without limitation legal fees on a full indemnity basis) made against or
suffered by Dataca, whether directly or indirectly, arising out of or in any
way connected to:
(a) the Customer's
Equipment, or the Customer's use of the goods or services;
(b) Dataca installing
software at the request of the Customer;
(c) Dataca entering
the Customer's Premises in accordance with clause 4.3 and 10.1(f);
(d) any breach of these
Terms by the Customer or any of its agents or representatives;
(e) any wilful
default, negligence, fraud act or omission by the Customer or any of its agents
or representatives relating to this Agreement;
(f) of any
infringement by the Customer or its agents or representative of another
person's intellectual property or other rights;
(g) any warranty
that the Customer made under this Agreement is untrue;
17.2 This indemnity survives termination of this agreement. If the Customer
has any liability to Dataca under this agreement, Dataca may set off that
liability against any liability Dataca has to the Customer.
18 Liability
18.1 To the extent permitted by law and subject to clause 18.6, Dataca'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 goods and/or services
under these Terms.
18.2 Except as specifically provided for in these Terms, and to the fullest
extent permitted by law, under no circumstances will Dataca be liable to the
Customer or any other party, under any theory of contract, tort (including
negligence) or otherwise, for any direct, indirect, consequential, special,
punitive loss or damages or any loss or damages whatsoever, including (but not
limited to), loss of use, data, profits, goodwill, or any other liability (even
if Dataca has been advised of the possibility of such damages) arising out of,
or in connection with:
(a) the Customer's
Equipment, or the goods or services supplied by Dataca; or
(b) any failure or
omission on the part of Dataca to comply with its obligations under these Terms
including where Dataca has:
(i) failed to deliver the Customer's Equipment, goods or services; or
(ii) fails to meet any delivery date, completion or response times, or
(iii) cancels or suspends the supply of goods or services; or
(iv) lost, corrupted, deleted or altered, the Customer
Data whether on the Customer's Equipment or otherwise.
18.3 The Customer accepts all risk and responsibility for consequences
arising from the use of the goods or services whether singularly or in
combination with other goods or services.
18.4 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 Dataca shall be
subject to correction without any liability on the part of Dataca.
18.5 The Customer acknowledges
(a) it has not
relied on any service involving skill and judgement, or on any advice,
statement, promise, recommendation, information or assistance provided by
Dataca in relation to the goods or services or their use or application.
(b) it has the sole
responsibility of satisfying itself that the goods or services are suitable for
the use of the Customer or any contemplated use by the Customer, whether or not
such use is known by Dataca.
(c) any description
of the goods provided in a quotation or invoice is given by way of
identification only and the use of such description does not constitute a
contract of sale by description.
(d) all photographs,
weights, illustrations, performance specifications and any other particulars
given in or accompanying a quotation, or contained in descriptive literature
are approximate only and deviations therefrom shall not invalidate this Agreement
or be made the basis of any claim made against Dataca.
18.6 Nothing in the Terms is to be
interpreted as excluding, restricting or modifying or having the effect of
excluding, restricting or modifying the application of the Trade Practices Act
(Cth) and any other State or Federal legislation applicable to the sale of
goods or supply of services which cannot be excluded, restricted or modified. These
Terms must be read subject to those statutory provisions. If those statutory
provisions apply, notwithstanding any other provision of this Agreement, to the
extent to which Dataca is entitled to do so, Dataca limits its liability in
respect of any claim under those provisions to:
(a) in the case of
goods supplied or offered by Dataca: (i) the replacement of the goods or the
supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of
the cost of replacing the goods or acquiring equivalent goods, or (iv) the
payment of the cost of having the goods repaired; and
(b) in the case of
services supplied or offered by Dataca: (i) the supply of the services again,
or (ii) the payment of the cost of having services supplied again.
18.7 Nothing in these Terms excludes or modifies any liability either party
may have to the other for fraud or deceit or for death or personal injury
caused by the negligence or the wilful misconduct of either party.
19 Cancellation
19.1 If, through circumstances
beyond the control of Dataca, Dataca is unable to effect delivery or provision
of goods or services, then Dataca may cancel the Customer's order (even if it
has already been accepted) by notice in writing to the Customer.
19.2 Subject to 19.3, If the Customer does not provide Dataca with at
least three (3) business hours prior notice to cancel any scheduled performance
of services the Customer will be charged, at Dataca's option, a cancellation
fee for the loss and damaged caused according to the following schedule:
(a) for
On-site Services a fee of $50;
(b) for Remote
Services a fee of $25.
19.3 If the Customer does not provide Dataca with at least forty-eight
(48) hours prior notice to cancel any full-day booking of services, the
Customer will be charged, at Dataca's option, a cancellation fee equal to the
quote for that full-day booking for the loss and damaged caused.
19.4 No purported cancellation or
suspension of an order or any part of it by the Customer is binding on Dataca
after that order has been accepted.
19.5 If the Customer purports to
cancel an order and Dataca agrees to the cancellation, any deposit paid by the
will be forfeited.
19.6 Dataca, in its absolute
discretion may review, alter or terminate the Customer's credit limit or
payment terms without notice. Dataca may request additional information or the
provision of further security to a credit facility and may suspend or cancel a
credit facility if the information or security requested is not provided within
a reasonable time.
20 Returns and Exchanges
20.1 Subject to clause 20.2, Dataca will not
be liable for any defects, shortages, damage or non-compliance with the
specifications in the Agreement unless the Customer notifies Dataca with full
details, including the item, invoice number, date and brief description of the
defect(s) within seven (7) days of delivery.
20.2 When any defects, shortages, claim for
damage or non-compliance with the Agreement specifications is accepted by
Dataca, Dataca may, at its option, replace the goods, or refund the price of
the goods.
20.3 If the Customer fails to give the notice as required in clause 20.1, it is deemed to
have accepted the goods.
20.4 Dataca will not under any circumstances
accept goods for return that:
(a) have been specifically produced, imported or
acquired to fulfil any contract;
(b) are discontinued goods or no longer stocked by
(c) have been altered in any way;
(d) have been used; or
(e) are not in their original condition and packaging.
20.5 If Dataca accepts goods for return, the
Customer will receive a credit for the returned goods equal to the price
charged by Dataca less a 20% deduction for handling and restocking charges.
20.6 The Customer must:
(a) obtain Dataca's prior written approval for
return of goods; and
(b) pay all freight charges and costs associated with return of
21 Offers and Concessions
21.1 From time to time Dataca may use special or trial offers and concessions
to promote goods or services for a limited period only. These offers may be
subject to additional terms and conditions that will be published along with
the offer as they are made available.
21.2 Where more than one promotion is offered on the same goods or services
at the same time, Dataca reserves the right to offer the Customer the best deal
available. Only one promotion can be claimed at any one time.
21.3 Dataca reserves the right to cancel any or all of the offers and
concessions without notice, or to withdraw or limit their use by a specific
individual or individuals.
22 Subcontractors
22.1 Dataca, in its absolute discretion, may subcontract the delivery of the
Customer's Equipment or goods, or the performance of all or any services to be provided
to the Customer.
22.2 The Customer agrees that these Terms will operate to the benefit of any
person delivering the Customer's Equipment or goods, or providing any part of
the services whether contractor, sub-contractor, agent or sub agent and/or its
delegates or otherwise and any such person shall be deemed a party to every
contract, agreement or arrangement incorporating any part of these Terms and
Dataca holds the benefit of these Terms in trust for all interested parties.
22.3 The Customer acknowledges and agrees that these Terms shall also be
available to and extend to protect any person who is or might be vicariously
liable for the acts or omissions of anyone referred to in clause 22.2 and any
such person shall be deemed a party to every contract or arrangement
incorporating any part of these Terms.
22.4 The Customer agrees that no claim or allegation shall be made against
any servant, agent or contractor of Dataca that attempts to impose any
liability whatsoever in connection with the performance, manner or
nonperformance of Dataca's obligations under these Terms.
23 Force Majeure
23.1 Dataca shall have no liability
whatsoever under or in any way related to the sale and purchase of the goods or
services or otherwise for any failure or delay to fulfil any obligation
hereunder to the extent that such fulfilment is prevented by circumstances
beyond its reasonable control including but without limitation to industrial
disputes, strikes, lockouts, accident, breakdown, import or export
restrictions, acts of God, acts of terrorism, or acts of war. Should an event
of force majeure occur, Dataca may, at its option:
(a) be
entitled to perform the Agreement of the unfulfilled portion thereof within a
reasonable time from the removal of the cause preventing or delaying
performance; or
(b) rescind
unconditionally and without liability, this Agreement or the unfulfilled
portion thereof.
24 Miscellaneous
24.1 This Agreement will be governed by, construed and enforced in
accordance with the laws of New South Wales, Australia, and the parties
irrevocably and unconditionally submit to the non-exclusive jurisdiction of the
courts of New South Wales, Australia and courts of appeal from them.
24.2 The failure by Dataca to exercise, or any delay in exercising,
any right, power or privilege available to it under these Terms will not
operate as a waiver thereof or preclude any other or further exercise thereof
or the exercise of any other right or power.
24.3 If any of the Terms are unenforceable
it shall be read down so as to be enforceable or, if it cannot be so read down,
the term shall be severed from these Terms without affecting the enforceability
of the remaining Terms.
24.4 A notice must be: (a) in writing; and (b) given personally; or (c)
sent by prepaid post; or (d) sent by facsimile; or (e) sent by email to the
address or number (where applicable) last advised. A notice takes effect from the time it is delivered unless a
later time is specified in it. The Customer must immediately advise Dataca of
any change of its address or contact details and Dataca shall endeavour to do
24.5 A notice is taken to be received: (a) for notices sent by post,
on the 3rd business day after posting; (b) for notices sent by facsimile, on
production of a transmission report by the transmitting machine that indicates
that the whole facsimile was sent; and (c) for notices sent by email, within 12
hours of sending the email, provided that the sender: (i) has keyed in the
correct email address (as advised by the recipient to the sender under 24.4(e);
and (ii) has not been informed, by way of an email alert, that the message has
failed to reach its intended destination.
24.6 The Customer shall not assign or otherwise transfer this
Agreement or any of its rights and obligations hereunder whether in whole or in
part without the prior written consent of Dataca. Any such unauthorised
assignment shall be deemed null and void.
24.7 Dataca is allowed at its sole discretion to assign this Agreement or any
rights, obligations or interests hereunder, in whole or in part, to any person,
firm or corporation, without prior notice.
24.8 Dataca reserves the right to seek all remedies available by law and in
equity for any violation of the Terms. Any rights not expressly granted herein
are reserved.
Effective from 10th July 2006
Computer Repairs | Computer Support | General Terms and Conditions | Website Terms of Use | Site Map© 2007 Dataca Pty Ltd - ABN 30 120 580 912.


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New BMW Dealer - X3, 328i, X1, X5, or 320i in Stratham
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