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Terms and Conditions Agreement and Privacy Policy - Please read and agree to the information below. The Terms and Conditions Agreement and Privacy Policy are designed to protect and inform you of your rights within the NSS Group Internet Service.

Terms and Conditions Agreement

THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH NSS GROUP OFFERS YOU ACCESS TO OUR SERVICES.

This User Agreement ("Agreement") is a contract between you and NSS Group Pty Ltd, and applies to your use of the NSS Group Document Storage service and any related products and services available through www.nssgroup.com.au (collectively the "Service"). If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our Services.

You must read, agree with, and accept all of the terms and conditions contained in this Agreement.

INTRODUCTION

A.	NSS Group will provide a service of storage, retrieval and secure destruction of Records, from a suitable controlled and protected repository.

OPERATIVE PROVISIONS

1.	Definitions.

1.1	The following words have these meanings in this Agreement unless the contrary intention appears:

"Agreement" means this document including any appendix, schedule or annexure to it;

"NSS Group Software" means any software including software of a third party available or supplied by NSS Group to "Client" from time to time and includes any Documentation;

"Charges" means the charge or charges for the Services that are specified in Item 2 of the Schedule 1;

"Default Rate" means 10% per annum or such other rate as may be specified by NSS Group by 60 days prior written notice;

"Documentation" means any manual other than documentation supplied or made available in connection with NSS Group Software;

"Due Date" means the date specified in clause 6.2;

"Effective Date" means the date of this Agreement as specified in Item 3 of the Schedule;

"IAA" means the Institute of Arbitrators Australia;

"Invoiced Amount" means the Charges invoiced by NSS Group;

"Records" means documents, files, films, tapes, disks and all other media for the storage of information, their packaging and any other property which NSS Group receives for the provision of the Services;

"Services" means any or all of the actions specified in Item 4 of the Schedule;

"Storage Premises" means the premises located at the address specified in Item 5 of the Schedule;

"Sub-Contractor" includes any person who under a Contract or arrangement with any person (whether or not NSS Group) performs or agrees to perform the Services;

2.	Interpretation

(1)	If "client" consists of more than one person, this Agreement binds them jointly and each of them severally.

(2)	This Agreement binds, in addition to the parties, their respective successors and permitted assigns.

(3)	A reference to money is in Australian dollars ("$") unless otherwise stated.

(4)	Singular includes the plural and vice versa.

3.	Agreement

3.1	NSS Group agrees to provide to "Client" the Services in accordance with the terms of this Agreement.

3.2	"Client" acknowledges that this Agreement constitutes the entire agreement between the parties.

3.3     On "Client" or its authorised representative agreeing to this Agreement, this Agreement will constitute a binding contract between NSS Group and "Client" .

4.	Negation of Status of Common Carrier

4.1	NSS Group is not a common carrier and accepts no liability as such and reserves the right, in its sole discretion, to refuse the carriage or transport of any Records.

5.	Term

5.1     This Agreement will commence on the Effective Date and will continue for a minimum of twelve(12) months. Thereafter terminated by either party.

5.2     NSS Group may immediately terminate this Agreement if "Client" is in breach of or fails to comply with any of its obligations under this Agreement and fails to remedy that breach or non-compliance (if capable of remedy) or pay reasonable compensation to NSS Group (if not capable of remedy) within 2 business days after receiving a notice from NSS Group to remedy the breach or non-compliance.

5.3     The termination of this Agreement will not affect the rights and obligations of either party up to the date of termination, nor any other right or remedy which NSS Group may have against "Client" at the time of termination or under clause 10.

6.	Payment

6.1     "Client" Agrees to pay to NSS Group the Charges at the rate or rates specified.

6.2     "Client" agrees to pay NSS Group the charges invoiced by NSS Group ("Invoiced Amount") via electronic funds transfer each month.

6.3	If "Client" fails to pay an Invoiced Amount by the Due Date, "Client" must pay to NSS Group interest at the Default Rate calculated on the Invoiced Amount, calculated and payable daily, computed from the Due Date until the Invoiced Amount is paid.

6.4	All fees and charges payable by "Client" under this Agreement are exclusive of any sales tax, goods and services tax, consumption, value added or similar tax, fees and other government levies or charges. "Client" must pay all those taxes, fees and other government levies or charges immediately they become due and must fully indemnify NSS Group against all such payments.

6.5 The price at which the goods or services are sold or supplied does not (unless otherwise stated or agreed in writing) include any goods and services tax, which must be added to the price and paid by "Client" as part of the price. If any GST becomes payable at any time by NSS Group with respect to the supply of any goods and services, "Client" must pay the amount of the GST to NSS Group upon request.

6.6	On termination of this Agreement for any reason, "Client" will not be entitled to a refund of any of the Charges paid.

7.	Variation of Charges

7.1	NSS Group may from time to time vary any or all of the Charges.

7.2	The variation shall be effective on the expiration of 60 days written notice of the variation.

8.	Method of Handling and Transport

8.1	The method, place or route of handling and/or carriage of the Records adopted by NSS Groups shall remain at its sole discretion and "Client" authorises NSS Group to adopt any other reasonable method other than a method instructed or agreed.

8.2     If NSS Group delivers the Records to an address nominated by "Client", "Client" agrees that it shall be conclusive evidence that NSS Group has delivered the Records in accordance with this Agreement if, at the nominated address, NSS Group obtains a receipt or signed delivery docket for the Records.

8.3     If the nominated place of delivery is unattended or if delivery cannot otherwise be effected by NSS Group, "Client" must pay or indemnify NSS Group for the cost of re-delivery of the Records to "Client" .

8.4     "Client" is responsible to NSS Group for all labour expenses incurred by NSS Group arising from any delay in excess of 30 minutes in loading or unloading of the Records at vehicle and labour rate quoted.

9.	Customer Software

9.1	"Client" is licensed on a non-exclusive basis to use the NSS Group Software solely for the purpose of facilitating or otherwise in connection with the provision by NSS Group of the Services.

9.2     NSS Group warrants that the NSS Group Software will function substantially in accordance with the Documentation (if any) with which it is supplied but does not warrant that it is error free or will meet "Client" requirements or operate other than as set out in Documentation.

9.3	Except as permitted by this Agreement, "Client" must not distribute, copy, alter, modify or reverse engineer any NSS Group Software.

9.4	Where NSS Group supplies or makes available to "Client" NSS Group Software of a third party, "Client" must comply with any requirements of such third party relating to the use or operation of that NSS Group Software contained in any applicable Documentation.

9.5	"Client" non-exclusive licence must not be assigned, is terminable by NSS Group at will, and in any event, terminates on the termination of this Agreement.

9.6     On termination of "Client" non-exclusive licence, "Client" must, if requested by NSS Group, promptly return all NSS Group software including any copies.

9.7	NSS Group and "Client" each warrant that they will take all reasonable steps to prevent the transmission of computer viruses when exchanging information with each other.  Neither NSS Group nor "Client" shall be liable for any consequential loss or damage arising from the infection of computer systems with computer viruses.

10.	Lien and Destruction of Records
             Until "Client" has paid all Charges and other amounts owing on the date on which release is requested and, accordingly, NSS Group will have a possessory lien on the Records.  This right is additional to any right conferred on NSS Group by statute.

10.2	On notice in writing being given to "Client" to remove any Records, "Client" must within 7 days pay any Charges and other amounts to which any lien of NSS Group extends and remove those Records.  If "Client" fails to pay the outstanding Charges and/or other amounts and to remove those Records, NSS Group may deliver those Records to "Client" at "Client" expense.

10.3	NSS Group may deliver the Records to "Client" at "Client" expense if:

(a) 	within 48 hours after termination of this Agreement "Client"  has not removed the Records from the Storage Premises; or

(b)	the Charges in respect of the Records are in arrears and unpaid for 2 months and remain in arrears and unpaid after 7 days notice in writing to "Client"  requiring "Client"  to pay them.

11.	Warranties

11.1	"Client" warrants in favour of NSS Group that:

(1)	"Client" is the sole owner of the Records, free from any encumbrances or claims by any third party;

(2)	by entering into this Agreement and the performance by NSS Group of the Services in accordance with this Agreement, does not and  will not give rise to a breach by "Client"  of any agreement, infringe the intellectual property rights of any third party and/or infringe or contravene any law;

(3)	the Records are packaged and labeled in compliance with all relevant laws and regulations and are packed in a manner to withstand the ordinary risks of storage and/or transportation, having regard to the nature of the Records; and

(4)     the Records are not flammable, volatile, explosive, radioactive or otherwise dangerous and/or offensive and are not liable to damage any other property owned by any other person and "Client"  acknowledges and agrees that if any of the Records are or are liable to become so, NSS Group may at any time destroy, or render harmless those Records without compensation to "Client"  and without prejudice to any other rights of NSS Group whether under this Agreement or at law.

12.	Acknowledgements by "Client"

12.1	"Client" acknowledges and agrees that:

(1)	NSS Group has no, and will not be deemed to have any knowledge of the Records;

(2)	the Charges payable by "Client"  are based solely on the value of the services provided and are unrelated to the value of the Records; and

(3)	"Client" must comply with all rules prescribed by NSS Group from time to time in relation to the security of and access to the Storage Premises and to identification of Customers and their authorised agents and "Clients acknowledges and agrees that NSS Group may from time to time vary those rules, a copy of which will be made available by NSS Group to "Client"  on request.

13.	Compliance with Laws

13.1	NSS Group agrees to perform its obligations under this Agreement only to the extent permitted by law.

13.2	If NSS Group is served with an order or process of Court requiring NSS Group to deliver any of the Records to any person or forbidding NSS Group to allow "Client" access to any of the Records, NSS Group will be relieved from all liability to "Client" by reason of compliance with the terms of any such order or process.

13.3	Any costs and expenses incurred by NSS Group or by reason of its compliance with the terms of any such order or process are payable by "Client" on demand.

13.4	NSS Group may treat any order or process that is served and appears to NSS Group to be duly and properly created, and binding, as having been so created and as being binding.

14.	Sub-Contractors

14.1	NSS Group may engage a Sub-Contractor, and that Sub-Contractor may in turn engage another Sub-Contractor, to perform any part of the Services.

14.2	"Client" agrees that each exemption, limitation, condition and liberty contained in this Agreement and every right, exemption from liability, defence and immunity of whatever nature applicable to NSS Group or to which NSS Group is entitled under this Agreement will be available to and extend to protect:

(1)	all Sub-Contractors;

(2)	every servant or agent of NSS Group or of a Sub-contractor;

(3)	every other person (other  than NSS Group) by whom the Services or any part of them are provided; and

(4)	all persons who are or may be vicariously liable for the acts or omissions of those persons.

15.	Limitation of Liability

15.1    NSS Group shall not be liable for loss or damage to the Records in connection with NSS Group performance of the Services to the extent that the loss or damage to the Records has been caused (whether wholly or in part) by "Client"  or a person other than NSS Group.

15.2	Subject to clause 15.3, "Client" will indemnify NSS Group and its representatives against all losses, damages, liabilities, claims and expenses (other than indirect or consequential loss or damage) incurred by NSS Group arising out of or in connection with:

(1)	any breach by "Client"  of any of the representations or warranties contained in clause 11; or

(2)	any loss or damage to NSS Group or a third party's Records, caused by any negligent or wrongful act or omission of "Client"  or its representatives,

except to the extent that the loss, damage, liability, claim or expense is attributable to a negligent or wrongful act or omission of the second party or its representatives to any person other than the first party.

15.3	The aggregate liability of NSS Group to "Client"  (whether in contract, in tort, under statute or in any other way and whether due to negligence, willful or deliberate breach or any other cause) under or in relation to this Agreement or in relation to any act, omission or event relating to or arising out of this Agreement:

(1)	in relation to or arising out of:

(a)   any one act, omission or event or any act, omission or event relating to or consequential upon such an act, omission or event; or

(b) 	any one series or related acts, omission or event shall not in any circumstances exceed the amount (if any) specified in Item 6 of the Schedule; and

(2)	in relation to or arising out of all acts, omissions and events occurring:

(a) in any 12 month period ending on a day before the anniversary of the Effective Date; or

(b) in any period of less than 12 months from the Effective Date or an anniversary of the Effective Date to the termination or expiration of this Agreement, shall not, in any circumstances exceed the amount (if any) specified in Item 7 of the Schedule.

15.4	To the extent permitted by law, liability under any condition or warranty which cannot legally be excluded is limited to, in the case of goods to replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired, and in the case of services, supplying the services again or paying the cost of having the services supplied again.

15.5    Despite anything else in this clause, NSS Group shall not be liable to "Client"  for any loss or damage caused by storms, earthquakes, strikes, walk-outs, wavered disputes (of whatever type), acts of God, war (whether declared or not), acts (administrative or legislative) of any Government, riot or civil commotion, act or omission of NSS Group, its servants or agents.

15.6	NSS Group warrants that it has made its own enquiries as to the suitability and fitness of the Services for its own purposes and has not relied on any representation made by NSS Group which has not been stated expressly in this Agreement.

16.	Assignment

16.1	NSS Group must not assign any of its rights or obligations under this Agreement.

17.	Conflict

17.1	If a dispute arises in connection with this Agreement then either party may give notice of the dispute in writing to the other party.  Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity of this Agreement shall first be subject of conciliation, administered by the IAA conducted and held in accordance with the Conciliation Rules of IAA in force at the date of this Agreement.

17.2	If a dispute, controversy or claim has not been resolved within 28 days (or such other period as may be agreed in writing between the parties) after the appointment of a conciliator by the parties, the dispute, controversy or claim shall be submitted to arbitration, administered by IAA.  The arbitrator shall be agreed between the parties from a panel chosen by IAA, or failing agreement shall be an arbitrator appointed by the Chairman of the IAA (New South Wales Division).

17.3	Subject to the foregoing, the arbitration shall be conducted and held in accordance with and subject to the laws of the State of New South Wales.  The arbitrator shall not be the same person as the conciliator.

18.	Continuing Obligations

18.1	Each obligation and warranty of a party (except an obligation fully performed upon termination of this Agreement) shall continue in force despite termination of this Agreement.

19.	Severability

19.1	If a Court determines that a word, phrase, sentence, paragraph or clause is unenforceable, illegal or void then it shall be severed and the other provisions of this Agreement shall remain operative.

20.	Variation

20.1	The variation of a provision of this Agreement shall be ineffective unless in writing and executed by the parties.

21.	Waiver

21.1	A party's failure or delay to exercise a power or right does not operate as a waiver of that power or right.

21.2	The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.

21.3	A waiver is not ineffective unless in writing.

21.4	The waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.

22.	Governing Law

22.1	The law of New South Wales governs this Agreement.

22.2	The parties submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia for all proceedings arising in connection with this Agreement.

23.	Notices

23.1	A notice or other communication required or permitted to be given by a party to another shall be in writing and delivered or sent by DX prepaid post or facsimile, to that party's address or facsimile number set out in this Agreement or subsequently notified to each party from time to time.

23.2	A notice or other communication is deemed given:

(1)	if delivered, upon delivery;

(2)	if mailed, on the expiration of two business days after posting; or

(3) if sent by facsimile upon the receipt of a transmission from the sender's facsimile machine confirming the transmission and the number of pages in the notice or other communication.

24. Independence

24.1	"Client" agrees that NSS Group is engaged as an independent contractor and that this Agreement does not create any relationship of master and servant between "Client" and NSS Group.

Privacy Policy

The Privacy Policy below governs your NSS Group account and any information you provide on this site.

Privacy Policy
 
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully.
 
We collect information about you for 2 reasons: firstly, to process your requests and second, to provide you with the best possible service.
 
We will not e-mail you in the future unless you have given us your consent.   
 
We will give you the chance to refuse any marketing email from us or from another trader in the future.   
 
The type of information we will collect about you includes:   
 
your name 
address 
phone number 
email address 
credit/debit card details 
  
We will never collect sensitive information about you without your explicit consent.   
 
The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly.   
 
The personal information which we hold will be held securely in accordance with our internal security policy and the law.   
 
Th site requires cookies for proper operations. If you have disabled cookies within your browser software the site will not work correctly.
 
If you have any questions/comments about privacy, you should contact us.

I have read and agree to the User Agreement and Privacy Policy.