"We" and "Us" and "Elang" means Elang Pty Ltd and its officers, employees, affiliates and agents. "You" means the user of Elang's services and the user's officers, employees, affiliates and agents. "Your" means something belonging to You.
When You use Elang's services, You and We agree:
- We will make reasonable efforts to provide the services to a reasonable standard. You accept that things don't always go to plan and that We will make reasonable efforts to remediate where necessary.
- You will pay on time and in full. You may not set off any claims you have against Us. Elang may withdraw its services immediately without notice if payment is not made on time and in full. If you cancel services after we have started to perform or incurred costs, we may offer a partial refund, at our discretion. Mobilisation fees are not refundable.
- We provide the services agreed to in the final documentation agreed between You and Us, entitled "Service Confirmation". In the absence of a "Service Confirmation", the agreed services will be only those specifically agreed to in the correspondence between us. We will not provide other services unless specifically agreed. Additional services are not implied, whether by custom, usage or otherwise. Any requested changes to the services will be a variation and will attract additional payment. If payment has not been agreed, the additional payment will be reasonable, with reference to the payment agreed for similar services already provided, if any.
- If We cannot fix something, Your recourse is limited to replacement services or a full or partial refund (as appropriate and reasonable in the circumstances), at Elang's sole option. Under no circumstances will Elang be liable for indirect, special, punitive or exemplary damages, including loss of profit or business opportunity, even if We were aware of the possibility or likelihood of them occurring. You indemnify Us from losses We incur in providing the services to You unless it is the direct result of something We have done which constitutes willful misconduct or fraud.
Disclaimer for Negligence. We shall not be liable for any claims, demands, losses or damages, made or claimed, suffered by You and arising out of, in connection with, or as a result of Elang's negligence, unless Elang's actions (or failure to act) constitute willful misconduct or fraud.