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Terms and Conditions

Extentia Pty Ltd provides B2B (Business to Business) software and consulting services to Government, Education and Corporate customers

Software Licensing and Pricing Policy:

Extentia Pty Ltd provides several software solutions to Government, Education and Corporates including Rosetta Stone for Language Learning and OrgChartOne for Workforce Planning. All our pricing for Rosetta Stone and OrgchartOne software solutions are provided to the customer in Australian dollars and include GST.

Pricing for the Rosetta Stone and OrgChartOne software solutions are provided to our customers in a proposal based on the customer's requirement.

The proposal for any software includes the Extentia Terms of Business and a "Confirmation and Order Form" detailing:

  • Software Product;
  • Number of Users;
  • Pricing in Australian Dollars and GST;
  • Any Implementation and Training required;
  • Term of the License e.g. perpetual or subscription;
  • Delivery date and implementation details;
  • Licence Terms and any Renewal Conditions;
  • Invoicing and Payment Details;
  • Customer's Accounts Payable details;
  • Customer Purchase Order Details;
  • Any Support and Customer Management details.

The customer is required to sign the acceptance of the Confirmation and Order Form before any Software or related Consulting and Training Services are provided. Details of the customer's Purchase Order should also be included.

Once the customer has signed the Confirmation and Order Form, the software licenses and the login details will be electronically shipped and activated.

Extentia will invoice the Customer once the software has been electronically shipped and activated by the customer and any related consulting or training engagement has been completed.

Consulting and Training Policy:

Extentia provides Consulting, Training and Software Implementation Services for its solutions.

  • Extentia will scope any customer request for Consulting or Training to determine the requirements, scope and deliverables.
  • All Consulting and Training engagements require a Consulting Service Agreement (CSA) which specifies the services (scope of works) ordered by the customer.
  • The CSA includes the agreed total cost of the engagement including the professional rate of the Consultant
  • The CSA also includes terms including payment terms, travel requirements and costs, any additional costs, start and completion date.
  • Once the scope of the engagement has been determined and approval to given to proceed, Extentia will prepare a CSA for the customer to review and to accept.
  • A CSA must be accepted and signed by the customer and the scanned copy of the signed CSA returned by reply email before an engagement commencing.
  • At the completion of the engagement, the Extentia consultant will receive sign-off by the customer that the agreed services as specified and agreed to in the CSA have been delivered to the full and complete satisfaction of the customer.
  • The customer is invoiced on completion of the engagement including any agreed travel and additional agreed cost.
  • Extentia Pty Ltd invoices the customer in Australian Dollars including GST.
  • Unless otherwise agreed in the CSA, an invoice becomes payable within seven (7) Days of the date of invoice.

Consulting Work Locations:

Extentia provide both Onsite and Remote consulting and training services.  

Onsite:

  • Consulting is undertaken on the customer's premises.
  • Victoria, New South Wales, Australian Capital Territory and South Australia require a minimum 1-day engagement.
  • Western Australia, Queensland, Northern Territory and New Zealand require a minimum 2-day engagement.

Remote:

  • Consulting is undertaken from Extentia's office in Sydney. The minimum amount of time chargeable is 1 hour.
  • The customer will need to provide appropriate access to the required systems.

Onsite and Remote:

  • In some cases it will be more cost effective to use a combination of both onsite and remote consulting.
  • In these cases both the onsite and remote comments should be noted.

Travel and Accomodation:

  • Extentia will provide the customer with an estimate if the engagement is likely to incur travel or accommodation expenses.
  • The customer shall reimburse Extentia for all agreed travel and accommodation expenses related to the nominated engagement.
  • Extentia Consultants may deal with other Extentia business while interstate or overseas.
  • For engagements in the following locations Extentia consultants who attend onsite will arrive the night before the engagement commences: Queensland, Northern Territory, Western Australia or New Zealand

Expenses - Travel and Accomodation:

Travel and accommodation expenses include, but are not limited to:

  • Return airfare from Sydney to the customer's nominated location.
  • Accommodation equivalent to 3 or 4 stars.
  • Transport costs including taxis and/or car rental.
  • Airport parking fees.
  • Booking fees and charges for cancellations or changes to an engagement.
  • Internet usage related to the engagement where Extentia's mobile broadband cards cannot be used (out of range/overseas).
  • Consultant's travel time where travel time related to an engagement exceeds 8 hours one way.
  • Daily per diem of $100 to cover meals and incidentals.

Travel Preference:

  • Extentia Consultants fly Qantas airways where possible.
  • Extentia will book economy airfares except in the case where flight times exceed 6 hours one way.
  • Extentia will book the most economical flights where possible.
  • Customers may book flights and accommodation on behalf of an Extentia consultant if preferred.

Consulting and Training Rates:

The 2019 on-site professional rates for Extentia consultants are as follows:

  • Consultant $1200 per day or $150 per hour;
  • Senior Consultant $1600 per day or $200 per hour;
  • Project Manager $1800 per day or $225 per hour.

A professional day is a normal business day, Monday to Friday during which Extentia Consultants average eight (8) work hours. For any engagements outside normal 8 am and 6 pm business hours, on weekends and Public Holidays, a premium of 150% on the listed professional rates will be charged.  

The customer agrees to pay for services extending beyond the eight (8) hour average, invoiced at the pro-rata hourly rate for the consultant.  

When an Extentia consultant attends onsite the customer is responsible for providing a safe and appropriate work environment. For any remote consulting engagement, the applicable hourly rate will be charged with a minimum of 1 hour.

Payment Terms:

Extentia will Invoice to customer once the software has been activated and installed or the consulting services are completed and signed as per the CSA. Extentia invoices in Australian Dollars plus GST. Invoice are due and payable within seven (7) days of the date of the invoice.  

Payment options currently include:

  • EFT Bank Transfer to Extentia Westpac Account;
  • PayPal (limits apply);
  • Credit Card including Mastercard and Visa (limits apply).

Security Policy:

When purchasing from Extentia Pty Ltd using PayPal or our Merchant facilty your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. 128-bit SSL encryption is the current industry standard.  

If you have any questions regarding our security policy, please contact us on +61 2 9025 3737 or email info@extentiaone.com.

Customer Service Policy:  

Extentia is committed to providing exceptional customer service to all our customers.   We endeavour to make sure that all our software solutions and consulting services meet and exceed the highest expectations.

Extentia assign to every new customer a dedicated senior manager to manage all aspects of their software delivery project or consulting engagement.   For any software solution, the customer is required to sign the "Customer Order and Confirmation' Form as outlined under the Software Licensing and Pricing section.

The standard delivery timeframe is 2 business days from the date that Extentia has received the signed "Customer and Confirmation' Form from the customer. This allows us to activate and ship the license as per the agreement and create the necessary administrator and user logins.  

In the unforeseen event that we cannot deliver or activate the software solution as agreed within 2 business days, we will arrange with the customer an alternative time frame or cancel the order without charge.

For any Consulting or Training engagement, we will commence the engagement on the agreed date and complete the engagement within the time frame as agreed in the CSA.  

In the unforeseen event that Extentia cannot start at the agreed date because of delays caused by the customer, we will discuss the best option to reschedule and arrange for a new start and completion date.  

If Extentia is unable due to unforeseen circumstances to provide the services and resources as agreed in the CSA, or is unable to travel to the customer's location or unable to start at the agreed date or is unable to competed the engagement, we will endeavour to work with the customer to agree on an alternative time frame or an alternative solution.  

If the customer no longer wants or requires the services because of delays caused by Extentia or causes outside of the control of Extentia such as travel disruptions, strikes or natural disasters, the CSA will be cancelled and no services other then any services already provided and accepted by the customer will be invoiced.  

Refund Policy:

Software Refund Policy:  

We do not normally give refunds for Software that has been shipped and activated by the customer if you simply change your mind or no longer want to use the Software. Should the Software not work or perform as described and agreed, Extentia's Support Team will work with the customer to resolve this.  

In the unlikely event that the Software doesn't work in the customer's IT environment or cease to work during the term of the software agreement and the Extentia Team is unable to resolve this, Extentia in consultation with the customer may choose to cancel the license agreement and offer an alternative software solution or provide a a full or part refund if the invoice for the software has already been paid.  

Consulting and Training Refund Policy:  

Extentia is committed to delivering consulting and training services to meet the requirements and scope of the work as agreed to in the CSA and also exceed the custumer's expectation.

At the completion of every Consulting and Training engagement, a customer will sign that the services as agreed to in the CSA have been delivered in full and to their satisfaction. Extentia will then invoice the customer and the invoice is payable in full with seven (7) days.

In the unlikely event that a customer is not satisfied or has any concerns with the services that Extentia has provided and this has not been resolved during the project by the Extentia consultant or the dedicated Customer Manager assigned to manage the customer assignment, then as first instance the customer should contact the CEO of Extentia on +61 2 9025 3737 or email directly at ceo@extentia.com.au to discuss their concerns.

In the event that the customer has already signed and agreed that the Consulting and Training services have been satisfactorily delivered and since paid the invoice, then Extentia has no obligation to provide a part or full refund except where there was an error in the invoice or is required by law.

Limitation of Liability:

In no event shall Extentia be liable for any indirect, incidental, special or consequential damages, or loss of profits, revenue, data, or use, incurred by either party or any third party. Extentia's liability for damages hereunder shall in no event exceed the amount of fees paid by the customer under the CSA.

Copyright and IP:

Extentia respects and acknowledges the copyright and all other intellectual property rights relating to software.  

Extentia will perform consulting services in strict accordance with the applicable laws relating to copyright and other intellectual property rights. Extentia will not perform any activities that may breach copyright or other intellectual property rights such as reverse engineering or dissemble in whole or part software, modify source code, remove copyright notices or any other notices of property rights unless expressly permitted.

Confidentiality:

The parties may have access to information that is confidential to one another, "Confidential Information".  

Confidential information shall be limited to Extentia's software programs and documentation, developments, and all information clearly marked as confidential or information, which is confidential by operation of law.  

Each party shall use the other's confidential information solely in accordance with the provisions of the CSA and shall not disclose, or permit to be disclosed, either directly or indirectly, any confidential information without the other's parties written consent.  

Each party may disclose confidential information only to its employees on a need-to-know basis, provided that such employees are bound by substantially similar confidentiality terms.  

Each party shall use reasonable measures to safeguard the confidential information of the other.

Notwithstanding the foregoing, neither party to the CSA bears responsibility for safeguarding information that is:

  • publicly available not as a result or any breach of confidentiality by the receiving party;
  • lawfully obtained from third parties not under confidentiality restrictions;
  • proven to be in the possession of the receiving party at the time of disclosure; or
  • upon notice to the disclosing party by the receiving party, required to be disclosed by order of a court or other governmental entity.

If either party breaches, or threatens to breach the confidentiality provisions, the parties agree that the non-breaching party would have no adequate remedy at law and would therefore be entitled to immediate injunctive and other equitable relief, without the necessity of posting a bond.  

Confidential Information shall include without limitation all documents, software, or other information that are disclosed from one party to the other party, or its agents.

General:

The customer agrees not to employ any employee or former employee of Extentia who provided any solutions or services or performed any Consulting or Training services under the CSA within a period of twelve (12) months or less of the provision of those solutions or services. In the event of breach of this condition, customer will pay to Extentia as liquidated damages and not as a penalty, an amount equal to 30% of the annual base salary for the relevant employee.    

Privacy Policy:  

Please refer to Extentia's Privacy Policy.     

Contact Details:  

Extentia Pty Ltd
Level 32, 101 Miller Street
North Sydney NSW 2060
Australia
Tel: + 61 2 9025 3737
E: info@extentiaone.com
 
ABN: 83 624 323 833
© Extentia 2019