By engaging the
services or acquiring the advice of ITpro Solutions (ABN 25 083 112 725),
the fee paying receiver of such services or advice (the Client) agrees
that these Support Terms and Conditions shall apply:
1. Definitions and services to be
provided
In this agreement, the Applicant shall be xxx. ITpro Solutions will, to
the best of its ability provide telephone, online and On-Site technical
support services and preventative maintenance will be available to the
Applicant.
2. Hardware and
Software covered by this agreement
Any items purchased during the course of this agreement by ITpro Solutions
for the Applicant will also form part of this agreement and be deemed to
be included. Items purchased independently by the Applicant will not form
part of this agreement and may not be included within the scope of this
agreement. Any services requested for these items will be regarded as not
included in this agreement and incur fees as outlined in Clauses 8 and 19.
3. Limited warranty, liability and
disclaimers
ITpro Solutions online and offline technology support services, the ITpro
Solution website and all information, documents, products, software,
downloads, services, advice and information (collectively the
‘materials’), including all links in the website, are provided ‘as is’
without warranty of any kind, either expressed or implied including, but
not limited to, the implied warranties of merchantability, fitness for a
particular purpose, or non-infringement. ITpro Solutions assumes no
responsibility for errors or omissions with its support services, the
content of its website or other information or documents which are
referenced or linked. We will, however, endeavour to ensure that the
materials are accurate and relevant. Further terms and conditions covering
use of the website are contained on the website.
4. Waiver of claims
ITpro Solutions and any of its third party service providers shall not be
liable for any special, incidental, indirect or consequential damages
whatsoever including, without limitation, those resulting from loss of
use, data, profits or hardware damage. This clause applies even if you are
not expressly advised of the possibility of damage.
5. Applicant’s responsibilities
Prior to seeking technical support, you are responsible for adequately
protecting any data and/or equipment used in conjunction with any
technical support services or information provided by ITpro Solutions and
will not make a claim against ITpro Solutions or its third party service
providers for any reason including, but not limited to, providing
inadequate registration and diagnostic information, lost data, re-run
time, inaccurate output, work delays or lost profits resulting from the
use of the materials.
ITpro Solutions will use its best efforts to resolve your basic computer
technical problems. ITpro Solutions will attempt to resolve your technical
problems in a professional, reasonable and timely manner, taking into
consideration the circumstances and nature of the technical problem.
If a court of competent jurisdiction finds a liability for damages against
ITpro Solutions, its agents, partners and third party providers regardless
of the warranties, disclaimers, and waivers described herein, such damages
shall be limited to no more than the Two Hundred and Fifty Australian
Dollars ($250.00). Such damages constitute liquidated damages and are a
reasonable estimate of damages to compensate the member regardless of any
warning or loss of or corruption of data or damage to hardware.
8. Fees for on-site support outside the scope of this agreement
The fees per hour for on-site support outside the scope of this agreement
are based on a single resource per hour rate. Time is charged at a minimum
of one-hour and half-hour increments thereafter. If the request for
on-site support requires the use of multiple resources then that rate will
apply for each resource required except where that resource is a
specialist engineer that would incur a higher fee. The on-site support fee
does not include any parts that may be required for hardware or software,
necessary software upgrades, replacement software application disks and
delivery fees for any of these items.
9. On-Site Representatives
Authorised representatives of ITpro Solutions will deliver ITpro Solutions
on-site support. Authorised on-site representatives of ITpro Solutions may
be internal support staff or part of any third party outsourcing
arrangement to which ITpro Solutions may have entered.
10. Non-Authorised On-Site
Representatives
The Applicant must inform ITpro Solutions of any third parties entering
the premises listed in Clause 14 performing functions or duties that may
be in breach of this agreement, or in direct conflict with ITpro Solutions
and this agreement. Any such work, performed by a third party, not part of
this agreement will not be maintained by ITpro Solutions. Any fault or
maintenance required for this work will be considered to be outside the
scope of this agreement and will incur fees as outlined in Clauses 8 and
19.
11. Normal
business hours
ITpro Solutions will provide support at the Agreement rate specified in
Clause 20 24 hours per day, 7 days a week. ITpro Solutions will endeavour
to provide support services in a timely manner. All support requests will
be attended to via telephone and/or remote access. If the request cannot
be rectified, an On-site Service call be logged and attended to during
that business day where possible.
12. Off-site support
ITpro Solutions on-site support is available off-site at other premises to
the Applicant. Off-site Support must be organised in advance by contacting
ITpro Solutions Technical Support on 1300 30 5445.
13. Area of Service
ITpro Solutions’ Help desk and on-site support is subject to the location
of premises listed in Clause 14 of these terms.
14. Location of Premises
The premises that will be maintained under this support agreement are:
15. Pricing policy
ITpro Solutions reserves the right to change its pricing for on-site
service at any time. The Applicant will be notified of any adverse changes
to the pricing policy in writing via e-mail, fax or letter, no less than 7
days prior to these changes taking effect.
Where support beyond normal desktop operating system and non-proprietary
application support is required, and the requested support requires the
use of specialised engineers, ITpro Solutions will charge a higher hourly
service fee in accordance with the skills of the engineer required to
provide the requested support.
16. Termination
ITpro Solutions may terminate this agreement at their discretion by giving
60 days notice to the Applicant. Termination by the Applicant will not be
available unless the Applicant can show that the services performed by
ITpro Solutions is not as is outlined in this agreement. If both ITpro
Solutions and the Applicant agree on termination of this agreement, then
no further course of action will be available to either party, and this
agreement will be terminated and declared void at the expiration of 60
days of reaching this decision.
17. Accessibility
ITpro Solutions and/or its third party service providers are not liable
for any failure or delay in performance of its services due to any cause
beyond its control, including and without limitation, equipment
malfunctions or periodic maintenance, computer viruses, or hackers.
If ITpro Solutions and/or its third party service provider’s ability to
render technical support services is impaired by you or circumstances
beyond ITpro Solutions or any third party’s control, ITpro Solutions
and/or its third parties may choose not to continue the service without
any recourse against ITpro Solutions. In some instances, ITpro Solutions
may arrange for on-site service to be provided by third party providers.
18. Privacy Policy
ITpro Solutions will to the best of its ability, maintain strict
confidentiality of the Applicant’s data. It is the policy of ITpro
Solutions, it’s employees and/or third parties employed by ITpro Solutions
that un-authorised use or dissemination of the Applicant’s data is
strictly prohibited.
19. Cost of Fees for On-site Support outside the scope of this agreement
ITpro Solutions will charge $xxx including GST for each hour, as defined
in Clause 8 of this agreement.
20. Length and cost of this Agreement
This agreement will be valid for a period of twelve (12) months, from the
date of acceptance.
The cost of this agreement will be $xxx including GST, and does not
include items mentioned in Clauses 8,10 and 15, nor does it include any
additional hardware and/or software that may be required during the period
of this agreement.
21. Schedule of Payments and late payment
The cost of this agreement, as outlined in Clause 20, will be paid in two
(2) equal payments. The first payment of $xxx including GST, will be due
and payable on acceptance by both parties of this agreement. The remaining
payment of $xxx including GST will be due six (6) months from this date.
If payment is not made when they fall due, support services will be
suspended until payment is made.
22. Termination due to default
If the Applicant is in breach of this agreement by not adhering to these
terms, ITpro Solutions may terminate this agreement by giving seven (7)
days notice to the Applicant. Any outstanding monies, including scheduled
payments (as outlined in Clause 21) that have not been made, under this
twelve (12) months agreement will be due and payable. ITpro Solutions may
select any legal course of action that may be applicable to them to
recover this outstanding amount.
23. Governing Laws of this agreement
This agreement shall be governed by the law of New South Wales. If ITpro
Solutions does not enforce any provision of this agreement it shall not be
deemed a waiver of such provision nor of the right to enforce such
provision.
