Conditions of Use

Terms and Conditions

Set out below are the terms and conditions of sale between Spidernet hosting Services trading at Modspace and the Customer. Spidernet hosting Services trading at Modspace will be refered to as the "Modspace".

Conditions of Sale

1 The Customer by executing an order or registering for an online account hereby accepts the within terms and conditions applicable to all sales between it and Modspace.

2 The Customer acknowledges that Modspace may vary the Conditions of Sale by notice to the Customer. The varied conditions shall apply 7 (seven) days after the notice has been posted on the website.

Complaints - Time Limits

3 Any complaint as to the goods supplied must be made in writing to Modspace within 7 days of delivery of the goods. Any complaint made after the expiry of 7 days of delivery will not be accepted by Modspace. All complaints must be made directly to Modespace and Modspace must approve returned goods prior to the customer shipping them to Modspace.

4 If the complaint by the Customer is accepted by Modspace, Modspace has the sole discretion as to whether to replace the goods the subject of the claim, fix or to credit the appropriate proportion of the purchase price of the goods relevant to the complaint.

Title

5 Title of the goods shall not pass to Customer until full payment has been received by Modspace. Notwithstanding delivery of the goods if the Customer does not pay for the goods within the time limits set out below, the Customer irrevocably authorises Modspace to enter at any time into any place where the goods are situated and to repossess and resell such goods and to retain the proceeds of sale. The Customer further agrees to indemnify Modspace for any and all costs incurred in the repossession and sale and any shortfall on sale of the goods repossessed.

Risk

6 Notwithstanding that title in the goods does not pass by delivery of the goods, the goods are the responsibility of the Customer from the date of delivery. The date of delivery is taken to be either of the following;

6.1 The date of delivery to the Customer or Customer's premises by Modspace or any agent of Modspace;
6.2 The date of collection of the goods by the Customer or any agent for and on behalf of the Customer from Modspace.

Defective Goods

7 The Customer acknowledges and agrees that Modspace is not liable to the Customer for any loss, whether direct or indirect, or as a consequence of any defective goods supplied other than to the amount of the price for the defective goods paid by the Customer to Modspace.

7.1 Customer understands that under no circumstances is postage, carriage or delivery fee's refunded to the customer.

Warranties

8 Modspace's liability shall extend only to the repair or replacement of goods under warranty.

9 Modspace shall not be liable in any manner whatsoever either to repair or replace goods or at all if the goods purchased by the Customer from Modspace have been used incorrectly or misused.

10 Should goods be returned for repair and are found to be non-faulty, a fee for the inspection of goods charged at $50 per half hour service fee may be charged. Goods will not be released until this fee is paid, and return shipment is also paid by the customer.

11 Costs associated with returning goods to supplier will be the responsibility of the customer. Modspace will not be liable for any charges, miss-deliveries or lost mail. Please make all steps necessary to insure goods and retain a proof-of-delivery.

Warranty Periods

12 All products on the Modspace Website have the applicable warranty period and warranty type viewable upon viewing the product details. The following points will deal with terms of warranty per each specific warranty type

13 12 Month – A 12 month warranty covers repairs and exchanges of faulty products for a maximum period of 12 months from purchase date.
14 6 Month – A 6 month warranty covers repairs and exchanges of faulty products for a maximum period of 6 months from purchase date.
15 3 Month - A 3 month warranty covers repairs and exchanges of faulty products for a maximum period of 6 months from purchase date.
16 DOA – A DOA warranty only covers repairs and exchanges of faulty products for a maximum period of 7 days from purchase date.

All prices listed in AUD and inclusive of GST.