Terms of Trade
Date: 13th March 2026
Business: TechMedia Digital Systems PTY Ltd (TechMedia)
1. Definitions
Additional Charge means:
a) fees or charges for additional work performed at the Customer's request or reasonably required as a result of the Customer's conduct, calculated in accordance with TechMedia's then current prices; and
b) expenses incurred by TechMedia, at the Customer's request or reasonably required as a result of the Customer's conduct.
Business Day means a day that is not a Saturday, Sunday, or public holiday in the place where the Services are principally being carried out or the Goods provided.
Customer means the person identified on a Quote or Order as the Customer and includes the Customer's agents and permitted assigns.
Goods means any goods supplied by TechMedia including those supplied in the course of providing Services.
Intellectual Property Rights means intellectual property rights at any time protected by statute or common law, including copyright, business marks, patents, and registered designs.
TechMedia means TechMedia Digital Systems Pty Ltd as the provider of Goods or Services, as specified on the Quote or Order, and includes its employees, agents and permitted assigns.
Loss includes, but is not limited to, costs (including party to party legal costs and TechMedia's legal costs), expenses, lost profits, award of damages, personal injury, and property damage.
Order means a purchase order for Goods or Services placed by a Customer in response to a Quote and as varied in writing from time to time by the parties.
PPS Law means the Personal Property Securities Act 2009 (Cth).
Safe Work Method Statement or SWMS means a safety planning document that identifies the hazards and risks associated with a specific high-risk construction activity. It also outlines the measures that will be taken to control those risks.
Quote means a written description of the Goods or Services to be provided by TechMedia, which includes:
a) TechMedia's charges for the performance and delivery of the required work as an estimate or a fixed amount; and
b) an estimate of the time frame for the delivery of the work.
Services means the services to be provided by TechMedia to the Customer in accordance with a Quote or Order and these terms of trade.
Works means the work undertaken by TechMedia in the provision of the Goods and/or Services.
2. Interpretation
In these terms of trade, unless the context otherwise requires:
a) a reference to writing includes email and other communication established through TechMedia's website (if any);
b) the singular includes the plural and vice versa;
c) a reference to a clause or paragraph is a reference to a clause or paragraph of these terms of trade;
d) a reference to a party to these terms of trade or any other document or arrangement includes that party's executors, administrators, successors and permitted assigns;
e) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
f) headings are for ease of reference only and do not affect the meaning or interpretation of these terms of trade; and
g) if the date on which any act, matter or thing is to be done falls on a day which is not a Business Day, that act, matter or thing:
i) if it involves a payment other than a payment which is due on demand must be done on the preceding Business Day; and
ii) in all other cases, must be done on the next Business Day.
3. General
a) The agreement between TechMedia and the Customer comprises of:
i) these TechMedia Customer Terms of Business;
ii) the description of the Goods and/or Services in a Quote or Order to which these TechMedia Customer Terms of Business are attached; and
iii) where there is any other agreement between TechMedia and the Customer in respect of the subject matter of the Goods and/or Services, that agreement (Associated Agreement),
together, the Agreement.
b) In the event of any inconsistency between a term in the Associated Agreement and a term in these TechMedia Customer Terms of Business, the term in the Associated Agreement will prevail.
c) This Agreement applies to all transactions between the Customer and TechMedia relating to the provision of Goods and/or Services by TechMedia via a Quote. This includes all quotations, orders, contracts and variations.
d) The variation or waiver of a provision of this Agreement or a party's consent to a departure from a provision by another party is ineffective unless in writing signed by the parties.
e) TechMedia may amend any details in a Quote by notice in writing to the Customer. Such amended details supersede any relevant prior detail in dealings between the parties.
4. Quotes
a) TechMedia may provide the Customer with a Quote. Any Quote issued by TechMedia is valid for 30 days from the date of issue.
b) Quotes are based upon the cost of materials available at the time of preparation of the Quote and assume the timely supply by the Customer of necessary material and instructions to TechMedia.
c) Following provision of a Quote to the Customer, TechMedia is not obliged to commence work until the Quote has been accepted by the Customer. This occurs by an authorised representative of the Customer signing the Quote and returning the signed Quote to TechMedia.
d) A signed Quote by the Customer, or written acceptance (including by email or any other form of written communication) provided by the Customer which gives effect to agreeing to the Quote, signifies acceptance by the Customer:
i) to be provided the nominated Goods or Services by TechMedia in accordance with the Quote; and
ii) to this Agreement.
e) TechMedia reserves the right to amend any Quote before the provision of Goods or Services has been completed to take into account any Additional Charges. TechMedia will notify the Customer of any amendment as soon as practicable, at which point the amended Quote will be the Quote for the purposes of this Agreement.
f) An indication in a Quote of the time frame for the provision of the Goods or Services is an estimate only and is not a fixed time frame. Subject to any obligations in respect of consumer guarantees under the Australian Consumer Law (ACL), this estimate is not binding upon TechMedia.
5. Orders
a) Any Order submitted by the Customer for the provision of Goods or Services must be agreed in writing in the same format as TechMedia's standard Quote form (unless otherwise agreed) and accepted by an authorised representative of both parties.
d) An Order cannot be cancelled without the prior written consent of TechMedia. Where an Order is cancelled, the Customer indemnifies TechMedia against any Losses incurred by TechMedia as a result of the cancellation. This includes, but is not limited to, recovery of all costs incurred prior to cancellation taking effect and loss of profit from other orders foregone as a result of the scheduling of the Order which is subsequently cancelled.
6. Variations
a) The Customer may request that its Order be varied by providing a request in writing to TechMedia. A request for a variation must be agreed to in writing by TechMedia in order to have effect.
b) If the Customer wishes to vary its requirements after a Quote has been prepared by TechMedia or after the placement of an Order, TechMedia reserves the right to vary the Quote to include any Additional Charges in respect of any extra costs incurred or additional work carried out due to the variation, in accordance with its then current charge rates. A revised Quote issued by TechMedia in respect of the requested variation supersedes the original Quote. If the revised Quote only specifies additional work, the Quote for that additional work will be in addition to the immediately preceding Quote for the Goods or Services or both.
c) TechMedia has an automatic extension of time for the provision of the Goods or Services equal to the delay caused by the variation.
7. Occupational Health and Safety
a) TechMedia must at all times coordinate the Works with the Customer and any other relevant party as necessary to ensure compliance with all applicable regulatory authority requirements, and must undertake all necessary or desirable precautions to protect the environment and ensure the safety of all persons at the site where the Services are being carried out or the Goods are provided to.
b) Without limiting TechMedia’s obligations in clause 5a) above, TechMedia confirms that it will, prior to commencing the Works:
i) comply with the applicable state or territory workplace health and safety (WHS) acts, regulations, relevant codes of practice and Australian Standards, as well as the Customer’s WHS policies and procedures;
ii) so far as is reasonably practicable, eliminate risks to the health and safety of workers and other persons arising out of or in connection with the provision of the Services. Where it is not reasonably practicable to eliminate risks, TechMedia must minimise those risks so far as is reasonably practicable;
iii) so far as is reasonably practicable, prevent or minimise risks of environmental harm arising from its activities in connection with the Services;
iv) prepare and implement a site-specific Safe Work Method Statement for any high-risk construction work prior to the commencement of the Services, ensure that all personnel are trained in its contents, review and update the SWMS as necessary, and make the SWMS readily available to the Customer upon request;
v) provide all necessary competent supervision and coordination to ensure that the Services are carried out safely and in accordance with its work health and safety management system. TechMedia must ensure that all workers engaged in providing the Services are appropriately trained, competent and qualified;
vi) maintain and implement a documented work health and safety management system and provide a copy of the system to the Customer upon request;
vii) provide, maintain and ensure the safe condition of all plant, equipment, materials and personal protective equipment necessary for the safe performance of the Services;
viii) immediately notify the Customer of any incident, near miss, injury, illness or notifiable incident arising out of or in connection with the services. TechMedia must cooperate fully with any investigation conducted by TechMedia or any regulatory authority;
ix) consult, cooperate and coordinate activities with the Customer and any other duty holders to ensure compliance with WHS legislation and to enable the Customer to discharge its own WHS obligations;
x) allow the Customer to audit or inspect TechMedia’s work sites, plant, equipment, documents and practices to verify compliance with this clause. The Customer may direct TechMedia to suspend work if there is an immediate risk to health or safety, at TechMedia’s cost until rectified;
xi) maintain accurate and up-to-date WHS records, including training records, inductions, SWMS, inspection and maintenance logs, and make these records available to the Customer on request;
xii) maintain all insurances required by law, including workers compensation insurance and public liability insurance covering liabilities arising out of personal injury, death or damage to property, in amounts satisfactory to the Customer, and provide certificates of currency upon request; and
xiii) insofar as permitted by law, indemnify the Customer against all costs, losses, damages, or penalties which the Customer may suffer or incur (whether as a result of a civil claim or criminal prosecution) arising out of or in connection with any breach by TechMedia of its obligations under this clause.
c) TechMedia will immediately notify a Customer representative of any:
i) occupational health and safety incident or near miss;
ii) occupational health and safety hazards of which TechMedia is or becomes aware of on a site where Services or Works are being performed or the Goods are being provided to; or
iii) hazard or safety incident with respect to the location where the Services are being performed, arising out of the performance of TechMedia’s obligations under the Agreement (including supplying, installing, commissioning and/or testing of any Deliverables) of which TechMedia is aware or ought reasonably be aware and providing the Customer with any assistance, as requested, in relation to the incident including any rectification plan or schedule.
d) TechMedia must ensure its occupational health and safety policies and procedures are relevant at all times to the Works being performed and must provide any policies and procedures to the Customer on request.
8. Invoicing and payment
a) TechMedia may in its absolute discretion, issue an invoice to the Customer in any one or more of the following ways:
i) prior to commencing the provision of the Goods or Services, for an amount equal to the Quote and Additional Charges where TechMedia has not previously carried out work for the Customer or where TechMedia chooses to do so; or
ii) upon completion of the provision of the Goods or Services or any time thereafter, for an amount equal to the Quote or the balance of the Quote outstanding, any Additional Charges and any amount not previously invoiced, or if no Quote was provided, for an amount representing TechMedia's charge for the work performed in completing the Order and for any Additional Charges.
b) The amount payable by the Customer will be the amount set out in the invoice. This will be calculated as:
i) the amount for the Goods or Services (or both) as set out in the Quote and any Additional Charges, or
ii) where no Quote has been provided by TechMedia, TechMedia’s usual charges for the Goods or Services (or both) as described in the Order.
c) The Customer must pay an invoice issued by TechMedia within 14 days of a valid tax invoice being issued to the Customer.
d) If any invoice is due but unpaid, TechMedia may withhold the provision of any further Goods or Services until overdue amounts are paid in full.
e) The Customer is to pay TechMedia on demand, interest at the rate equivalent to the daily cash rate determined by the Reserve Bank of Australia, calculated daily, for any overdue monies due to TechMedia.
f) All costs and expenses associated with collecting overdue amounts, including (but not limited to) legal fees and internal costs and expenses of TechMedia, are to be paid by the Customer as a debt due and payable under this Agreement.
g) The Customer and TechMedia agree to comply with their obligations in relation to Goods and Services Tax (GST) under the A New Tax System (Goods and Services Tax) Act 1999 and any other applicable legislation governing GST.
9. Additional Charges
a) TechMedia may require the Customer to pay Additional Charges in respect of costs incurred by TechMedia as a result of reliance on inadequate or incorrect information or material provided by the Customer or information or material supplied later than required by TechMedia in order for it to provide the Goods or Services within the specified time frame (if any).
b) The imposition of Additional Charges may also occur as a result of:
i) cancellation by the Customer of a Quote or Order where cancellation results in Loss to TechMedia; or
ii) additional work required by the Customer or any other occurrence which causes TechMedia to incur costs in respect of the Customer's Order additional to the quoted cost.
10. Acceptance of Goods and Services
a) If the Customer fails to advise TechMedia in writing of any fault in Goods or failure of Goods to accord with the Customer's Order within 24 hours of delivery, the Customer is deemed to have accepted the Goods and to have accepted that the Goods are not faulty and accord with the Customer's Quote or Order. Nothing in this paragraph affects the Customer's rights for any alleged failure of a guarantee under the ACL.
b) If the Customer fails to advise TechMedia in writing of any fault or defect in any deliverables or materials provided by TechMedia to the Customer in the performance of the Services within 14 days of delivery, the Customer is deemed to have accepted the deliverables or materials and to have accepted that the deliverables or materials are not faulty and that the Services have been performed in accordance with the Customer’s Quote or Order. Any request made by the Customer after this period for TechMedia to provide further Services may incur an Additional Charge.
11. Title and risk
a) Risk in Goods passes to the Customer immediately upon delivery.
b) Property and title in Goods supplied to the Customer under this Agreement does not pass to the Customer until all money (including money owing in respect of other transactions between TechMedia and the Customer) due and payable to TechMedia by the Customer has been fully paid.
c) Where Goods are supplied by TechMedia to the Customer without payment in full, the Customer:
i) is a bailee of the Goods until property in them passes to the Customer;
ii) irrevocably appoints TechMedia to be its attorney to do all acts and things necessary to ensure the retention of title to goods including the registration of any security interest in favour of TechMedia with respect to the Goods under applicable law;
iii) must be able upon demand by TechMedia to separate and identify as belonging to Goods supplied by TechMedia from other goods which are held by the Customer;
iv) must not allow any person to have or acquire any security interest in the Goods;
v) agrees that TechMedia may repossess the Goods if payment is not made within 60 days (or such longer time as TechMedia may, in its complete discretion, approve in writing) of the supply of the Goods; and
vi) the Customer grants an irrevocable licence to TechMedia or its agent to enter the Customer's premises in order to recover possession of Goods pursuant to this paragraph. The Customer indemnifies TechMedia for any damage to property or personal injury which occurs as a result of TechMedia entering the Customer's premises.
d) Where Goods are supplied by TechMedia to the Customer without payment in full of all moneys payable in respect of the Goods and any Services provided by TechMedia in respect of those Goods, and:
i) the Customer makes a new object from the Goods, whether finished or not;
ii) the Customer mixes the Goods with other goods; or
iii) the Goods become part of other goods (New Goods),
the Customer agrees with TechMedia that the ownership of the New Goods immediately passes to TechMedia. The Customer will hold the New Goods on trust for TechMedia until payment of all sums owing to TechMedia whether under this Agreement. TechMedia may require the Customer to store the New Goods in a manner that clearly shows the ownership of TechMedia.
e) For the avoidance of doubt, under paragraph 10(d), the ownership of the New Goods passes to TechMedia at the beginning of the operation or event by which the Goods are converted into, are mixed with, or become part of other goods.
f) Despite paragraph 10c), the Customer may transfer, sell, or dispose of Goods, including New Goods, to a third party in the ordinary course of business. This is provided that:
i) where the Customer is paid by a third party in respect of the Goods (including New Goods), the Customer holds the whole of the proceeds of sale, less any GST, on trust for TechMedia in a separate account, until all amounts owned by the Customer to TechMedia have been paid; or
ii) where the Customer is not paid by a third party, the Customer agrees to assign all of its rights against the third party to TechMedia upon TechMedia giving the Customer notice in writing to that effect, and for the purpose of giving effect to that assignment the Customer irrevocably appoints TechMedia as its attorney.
g) Where Goods are supplied by TechMedia to the Customer without payment in full of all monies payable in respect of the Goods and any Services provided by TechMedia in respect of those Goods, the Customer acknowledges that TechMedia has a right to register and perfect a personal property security interest.
h) If:
i) a PPS Law applies or commences to apply to this Agreement, or any transaction contemplated by them, or TechMedia determines (based on legal advice) that this is the case; and
ii) in TechMedia's opinion, the PPS Law:
A. does or will adversely affect TechMedia's security position or obligations; or
B. enables or would enable TechMedia's security position to be improved without adversely affecting the Customer,
TechMedia may give notice to the Customer requiring the Customer to do anything (including amending this Agreement or execute any new Associated Agreement) that in TechMedia's opinion is necessary, to the maximum possible extent, to overcome the circumstances contemplated in paragraph 10h)ii)A or improve the security position as contemplated in paragraph 10h)ii)B. The Customer must comply with the requirements of that notice within the time specified in the notice. If having completed everything reasonably practicable as required under this paragraph, in TechMedia's opinion TechMedia's security position or obligations under or in connection with this Agreement has been or will be materially adversely affected, TechMedia may by further notice to the Customer cancel this Agreement. If this occurs, the Customer must pay to TechMedia any money owed to TechMedia by the Customer immediately.
12. Intellectual Property Rights
a) The Customer warrants that it owns all Intellectual Property Rights pertaining to its Order for Goods or Services or has a licence to authorise TechMedia to reproduce or use all copyright works or other materials the subject of Intellectual Property Rights supplied by the Customer to TechMedia for the purposes of the Order. Further, the Customer indemnifies and agrees to keep indemnified TechMedia against all Losses incurred by TechMedia in relation to or in any way directly or indirectly connected with any breach of any other Intellectual Property Rights in relation to any material supplied by the Customer.
b) Unless specifically agreed in writing between TechMedia and the Customer, all Intellectual Property Rights in any works created by TechMedia on behalf of the Customer vest in and remain the property of TechMedia.
c) Subject to payment of all invoices due in respect of the Goods or Services, TechMedia grants to the Customer a perpetual, non-exclusive licence to use the works created or produced by TechMedia in connection with the provision of Goods or Services under this Agreement for the purposes contemplated by a Quote or Order.
13. Agency and assignment
a) TechMedia has the right to assign and transfer to any person all or any of its title, estate, interest, benefit, rights, duties, and obligations arising in, under or from this Agreement provided that the assignee agrees to assume any duties and obligations of TechMedia owed to the Customer under this Agreement.
b) The Customer is not to assign, or purport to assign, any of its obligations or rights under this Agreement without the prior written consent of TechMedia.
14. Default by Customer
a) Each of the following occurrences constitutes an event of default:
i) the Customer breaches or is alleged to have breached this Agreement for any reason (including, but not limited to, defaulting on any payment due under this Agreement) and fails to remedy that breach within 14 days of being given notice by TechMedia to do so;
ii) the Customer, being a natural person, commits an act of bankruptcy;
iii) the Customer, being a corporation, is subject to:
A. a petition being presented, an order being made or a meeting being called to consider a resolution for the Customer to be wound up, deregistered or dissolved;
B. a receiver, receiver and manager or an administrator under Part 5.3A of the Corporations Act 2001 being appointed to all or any part of the Customer's property and undertaking;
C. the entering of a scheme of arrangement (other than for the purpose of restructuring); and
D. any assignment for the benefit of creditors;
ii) the Customer purports to assign its rights under this Agreement without TechMedia's prior written consent; or
iii) the Customer ceases or threatens to cease conduct of its business in the normal manner.
b) Where an event of default occurs, except where payment in full has been received by TechMedia, TechMedia may:
i) terminate this Agreement;
ii) terminate any or all Quotes, Orders and credit arrangements (if any) with the Customer;
iii) refuse to deliver Goods or provide further Services;
iv) repossess and re-sell any Goods delivered to the Customer, the payment for which has not been received; or
v) retain (where applicable) all money paid by the Customer on account of Goods or Services or otherwise.
c) In addition to any action permitted to be taken by TechMedia under paragraph 13a), on the occurrence of an event of default all invoices will become immediately due.
15. Termination
a) In addition to the express rights of termination provided in this Agreement, a party may terminate this Agreement by giving 30 days written notice to the other party.
16. Exclusions and limitation of liability
a) The Customer expressly agrees that use of the Goods and Services is at the Customer's risk. To the full extent allowed by law, TechMedia's liability for breach of any term implied into this Agreement by any law is excluded.
b) All information, specifications and samples provided by TechMedia in relation to the Goods or Services are approximations only and, subject to any guarantees under the ACL, small deviations or slight variations from them which do not substantially affect the Customer's use of the Goods or Services will not entitle the Customer to reject the Goods upon delivery, or to make any claim in respect of them.
c) TechMedia gives no warranty in relation to the Services provided or supplied. Under no circumstances is TechMedia or any of its suppliers liable or responsible in any way to the Customer or any other person for any losses, damages, costs, expenses, or other claims (including consequential damages and loss of profits or loss of revenues) as a result, direct or indirect of any defect, deficiency or discrepancy in the Goods or Services. This includes their form, content and timeliness of deliveries, failure of performance, error, omission, defect, including, without limitation, for and in relation to any of the following:
i) any Goods or Services supplied to the Customer;
ii) any delay in supply of the Goods or Services; or
iii) any failure to supply the Goods or Services.
d) Any advice, recommendation, information, assistance, or service given by TechMedia in relation to Goods or Services or both, is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given and is provided without any warranty or accuracy, appropriateness, or reliability. TechMedia does not accept any liability or responsibility for any Loss suffered as a result of the Customer's reliance on such advice, recommendation, information, assistance, or service.
e) Nothing in this Agreement shall limit either party’s liability for:
i) death or personal injury resulting from a breach of duty by that party or from its personnel or from the wilful misconduct or negligence of either party or their personnel;
ii) for any fraud or fraudulent misrepresentation; or
iii) to the extent such limitation or exclusion is not permitted by law.
f) Except as specified in clause 16e) above, TechMedia’s liability under this Agreement shall be limited to the total fees paid to TechMedia under a Quote or Order in a 12 month period.
g) To the fullest extent permissible at law, TechMedia is not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the provision of or failure to provide Goods or Services, or otherwise arising out of the provision of Goods or the Services, whether based on this Agreement, negligence, strict liability or otherwise, even if TechMedia has been advised of the possibility of damages.
h) The Customer acknowledges that the Goods or Services are not for personal, domestic, or household purposes.
i) The ACL may give to the Customer certain guarantees, which cannot be restricted, limited, or varied.
17. Indemnity
a) The Customer indemnifies and keeps indemnified TechMedia, its servants and agents in respect of any claim or demand made or action commenced by any person (including, but not limited to, the Customer) against TechMedia or, for which TechMedia is liable, in connection with any Loss arising from or incidental to the provision of Goods or Services, any Quote, Order or the subject matter of this Agreement.
b) This includes, but is not limited to, any legal costs incurred by TechMedia in relation to meeting any claim or demand or any legal costs for which TechMedia is liable in connection with any such claim or demand.
c) This provision remains in force after the termination of this Agreement.
18. Force majeure
a) If circumstances beyond TechMedia's control prevent or hinder its provision of the Goods or Services, TechMedia is free from any obligation to provide the Goods or Services while those circumstances continue. TechMedia may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.
b) Circumstances beyond TechMedia's control include, but are not limited to, unavailability of materials or components, strikes, lockouts, riots, natural disasters, fire, war, acts of God, government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
19. Dispute Resolution
a) If a dispute arises between the Customer and TechMedia, the following procedure applies:
i) A party may give another party a notice of the dispute and the dispute must be dealt with in accordance with the procedure set out in this clause 18.
ii) A party must not commence legal proceedings (except proceedings seeking interlocutory relief) in respect of a dispute unless the dispute has been referred for resolution in accordance with this paragraph.
iii) A party must not oppose any application for a stay of any legal proceedings that may be issued in respect of a dispute pending the completion or termination of the procedure set out in this paragraph.
b) If a dispute is notified, the dispute must immediately be referred to the parties' respective senior management. Those representatives must endeavour to resolve the dispute as soon as possible and in any event within 30 Business Days (or other period as agreed).
c) Unless otherwise agreed by the parties, any dispute that cannot be settled by negotiation between the parties or their representatives, the parties expressly agree to endeavour to settle the dispute by mediation administered by the Australian Commercial Disputes Centre (ACDC) before having recourse to arbitration or litigation. The mediation must be conducted in accordance with the ACDC Guidelines for Commercial Mediation which operate at the time the matter is referred to ACDC. The Guidelines set out the procedures to be adopted, the process of selection of the mediator and the costs involved. The terms of the Guidelines are incorporated into this Agreement. This paragraph survives termination of this Agreement.
d) Despite the existence of a dispute (including the referral of the dispute to mediation), each party must continue to perform its obligations under this Agreement.
e) The parties must hold confidential, unless otherwise required by law or at the direction of a court of competent jurisdiction, all information relating to the subject matter of the dispute that is disclosed during or for the purposes of dispute resolution. The parties acknowledge that the purpose of any exchange of information or documents or the making of any offer of settlement pursuant to this procedure is to attempt to settle the dispute between the parties. No party may use any information or documents obtained through the dispute resolution process for any purpose other than an attempt to settle the dispute between the parties.
20. Miscellaneous
a) This Agreement are governed by the laws of the state or territory of the registered office of the relevant TechMedia entity providing the Goods or Services per the Quote or Order, and each party irrevocably submits to the non-exclusive jurisdiction of the courts of that state or territory.
b) This Agreement and any Quotes or Orders and written variations agreed to in writing by TechMedia represent the whole agreement between the parties relating to the subject matter of these terms, and supersede all oral and written negotiations and communications by and on behalf of either of the parties.
c) In entering into this Agreement, the Customer has not relied on any warranty, representation, or statement, whether oral or written, made by TechMedia or any of its employees or agents relating to or in connection with the subject matter of this Agreement.
d) If any provision of this Agreement at any time is or becomes void, voidable, or unenforceable, the remaining provisions will continue to have full force and effect.
e) A party's failure or delay to exercise a power or right does not operate as a waiver of that power or right.
f) A notice or other communication required or permitted to be given by one party to another must be in writing to the address shown on a Quote or Order (or as varied pursuant to this paragraph) and delivered personally, sent by pre-paid mail to the address of the addressee specified in the relevant Quote or Order; sent by fax to the fax number of the addressee specified in the relevant Quote or Order, with acknowledgment of receipt from the facsimile machine of the addressee or sent by email to the email address of the addressee specified in the relevant Quote or Order with acknowledgement of delivery.
g) A notice or other communication is taken to have been given (unless otherwise proved) if mailed, on the second Business Day after posting; or if sent by fax or email before 4 pm one Business Day at the place of receipt, on the day it is sent and otherwise on the next Business Day at the place of receipt.
h) A party may only change its postal or email address or fax number for service by giving notice of that change in writing to the other party.