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Terms & Conditions:
legal agreement for customers

1. Contract and Acceptance

The terms and conditions of sale set forth herein constitute the entire agreement between Secure Document Destruction (“SDD”) and the customer (“the Customer”) placing an order through the Secure Document Destruction website (“the Website”) for hard drive destruction. By clicking yes, the Customer confirms that he, she or it accepts and agrees to be bound by the terms and conditions set forth herein.

2. Orders and Quotations

2.1 Orders placed through the Website, quotations automatically calculated through the Website and verbal quotations relating to orders placed through the Website are subject to these Terms and Conditions unless a prior written agreement has been signed by both SDD and the Customer.

2.2 Any quotations provided by SDD, whether written, automatically calculated through the Website or verbal, may be withdrawn or varied by SDD at anytime.

2.3 All hard drives that are the subject of an order placed through the Website must be removed from electronic devices and packed into boxes weighing no more than ten (10) kilograms per box so that they are ready for collection by the third party freight company employed by SDD. Hard drives that are prepared in this matter will be considered to be ready for collection. Hard drives that are not prepared in this manner will not be collected.

2.4 If the hard drives are not ready for collection when the third party freight company arrives to collect them SDD may elect to cancel the order without any prior notification to the Customer and the Customer will be charged a freight fee for the failed collection attempt.

3. Payment

3.1 Payment is to be made via credit card by either emailing or telephoning SDD to provide credit card details on the day that the order is placed if the order is made within business hours. If the order is not placed within business hours the Customer's credit card details must be supplied to SDD for payment of the order on the next business day. Orders will not be processed if credit card details have not been supplied.

3.2 If the Customer has not supplied credit card details in accordance with 3.1 above, SDD may elect to cancel the order without any prior notification to the Customer.

3.3 All monetary figures listed on the Website are in Australian Dollars unless otherwise specified.

4. Shipping

4.1 SDD will arrange for the collection of the hard drives that are the subject of an order placed by the Customer through the Website. The hard drives will be collected by a third party freight company that offers insurance and has specialty services designed for shipping sensitive or valuable electronic devices.

4.2 Hard Drives that require additional security can be transported using Australian Government Security Construction and Equipment Committee (“SCEC”) approved transport services for an additional fee. The Customer will need to contact SDD to obtain a verbal quote for SCEC approved transport and to arrange for their order to be transported using SCEC approved transport services.

5. Liability

5.1 SDD accepts no liability whatsoever for any loss or damage that occurs during transport by any third party transportation company, whether SCEC approved or not, for any reason whatsoever including negligence, breach of duty as bailee, wilful act or default of the Third Party transportation company.

5.2 SDD will not be liable for failure to perform its obligations under this agreement, whether wholly or in part, if the failure is caused by, whether wholly or in part, circumstances outside of the control of SDD including, but not limited to the lack of or failure of third party transportation companies, fire, terrorism, casualty or accident, labor strike, lack of or failure of telecommunication devices, epidemic, civil commotion, acts of God or by reason of war.

6. Warranties

6.1 The Customer warrants that it is the owner of or has the permission of the owner of any hard drives that are the subject of an order placed by the Customer for destruction by SDD.

6.2 The Customer warrants that it will take all reasonable precautions to protect confidential or personal data contained on hard drives supplied to SDD including, if practicable, encryption of the confidential or personal data to ensure the safety of the data, whether the hard drives are owned by the Customer or a third party.

6.3 SDD warrants that it will take all reasonable measures to maintain the security and confidentiality of any hard drives that are in its possession that have been provided by the Reseller.

7. Claims Brought by Third Parties

The Reseller undertakes to SDD that it will not permit a Third Party that is the owner of Hard Drives that are the subject of an order for the destruction of Hard Drives by SDD to bring a claim or action against SDD for any reason whatsoever and if a claim or action is made the Reseller will indemnify SDD against all loss and damages arising out of the claim or action.

8. Applicable Law

This agreement shall be governed by and construed in accordance with the laws of Victoria and the parties submit to the exclusive jurisdiction of the Courts of Victoria.

By clicking yes, the Customer confirms that he, she or it accepts and agrees to be bound by the terms and conditions set out above.

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