Definitions - In this Agreement unless the context indicates otherwise, the following words shall have the following meanings: Claims means all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise); Client means the person named as client on the CT Group – Services Application;CT Group means CT Group Solutions Pty Ltd (ABN 15 605 756 367);Equipment includes facility, equipment or device including any computer or networking hardware or software or any other thing;Confidential Information includes any information marked as confidential and any information received or developed by CT Group during the term of this Agreement, which is not publicly available and relates to processes, equipment and techniques used by the Client in the course of the Client’s business including all information, data, drawings, specifications, documentation, source or object code, designs, construction, workings, functions, features and performance notes, techniques, concepts not reduced to material form, agreements with third parties, schematics and proposals and intentions, technical data and marketing information such as customer lists, financial information and business plans; CT Group’s Personnel means any person(s) that CT Group designates to perform the Services on CT Group’s behalf;
Facilities includes working space, computer equipment, access to the internet and the Client’s computer network, telecommunications system etc, and shall include not only access to such resources but also use of them to the extent required by CT Group in order to perform the Services;
Fee(s) means the fees to be paid by the Client as stipulated in the Proposal Document, which may be changed by CT Group from time to time;
GST Law means the same as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
Intellectual Property includes trademarks, patents, copyrights, processes know-how, registered designs or other like rights or any right to apply for registration of any of the former;
Initial Term means the first period of time for supply of the Services elected by the Client and agreed to by CT Group;
Losses means all losses including financial losses, damages, legal costs and other expenses of any nature whatsoever;
Non-Excludable Provisions means any guarantee, warranty, term or condition implied or imposed in relation these Terms under the Australian Consumer Law or any other applicable legislation and which cannot be excluded;
Parties means CT Group and the Client, and Party shall mean either one of them;
Personally Identifiable Information means a combination of any information that identifies an individual with that individual’s sensitive and non-public financial, health or other data or attribute, such as any combination of the individual’s name, address or phone number, the individual’s Medicare number or other government issued number, financial account number, date of birth, biometric data or other “Personal Information”, “Sensitive Information” as defined in the Privacy Act 1988 (Cth);
Proposal Document means the document/s provided to the Client by CT Group setting out the services to be delivered by CT Group;
Related Body Corporate has the meaning given in section 50 of the Corporations Act 2001 (Cth);
Services means any products (including goods) and/or services CT Group provides to the Client including any managed information technology services, cloud based hosting services and disaster data recovery services;
Service Level Requirements means any objectives or requirements in, or in relation to, the supply of the Services that CT Group has undertaken to perform in writing;
Subsequent Term has the meaning given in clause 2.2;
Termination Date means the earlier of:
- the date of termination of this Agreement by the Client or CT Group; and
- the date of expiry of this Agreement.