1. Who we are
This website and our services are provided by Troy Overend, trading as Gold Coast Managed I.T. (ABN 65 425 450 090) of Level 4, 50 Cavill Avenue, Surfers Paradise QLD 4217 ("we", "us", "our"). In these terms, "you" means the person or entity accessing this website or engaging our services.
You can contact us at hello@goldcoastmanagedit.com.au or 0492 805 556.
2. Acceptance of these terms
By accessing this website, requesting a quote, or engaging us to perform services, you agree to be bound by these terms. If you do not agree, you must not use this website or our services.
Where we provide services under a separate written agreement, statement of work, managed services agreement (MSA), or service order, that document prevails to the extent of any inconsistency with these terms.
3. Our services
We provide information technology services, which may include managed I.T. support, cyber security, Microsoft 365 management, help desk, backup and disaster recovery, managed cloud, network monitoring, endpoint management, server and infrastructure management, and I.T. strategy / vCIO services.
The specific scope, deliverables, service levels, response times, exclusions and fees for any engagement will be set out in the applicable proposal, statement of work or MSA.
4. Quotes, fees and payment
4.1 Quotes
Quotes are valid for 30 days from issue unless stated otherwise and are exclusive of GST unless stated. Quotes are estimates based on the information you provide; additional work outside the agreed scope may be charged at our then-current rates.
4.2 Invoicing
Unless agreed otherwise, fixed monthly fees are invoiced in advance and project or time-and-materials work is invoiced monthly in arrears. All amounts are payable in Australian dollars.
4.3 Payment terms
Invoices are payable within 14 days of issue. Overdue amounts may accrue interest at the rate set under the Penalty Interest Rates Act 1983 (or equivalent) and we may recover reasonable debt-recovery costs.
4.4 Suspension for non-payment
We may suspend services (including managed services and access to hosted resources) where invoices remain unpaid after 30 days, after providing reasonable notice. We are not liable for any loss caused by a suspension validly exercised under this clause.
5. Your responsibilities
- Provide accurate, complete and timely information, access and decisions necessary for us to perform the services.
- Maintain appropriate licences for software and cloud subscriptions used in your environment.
- Maintain your own independent backups of business-critical data unless backup is an agreed service.
- Comply with all applicable laws, including the Privacy Act 1988 (Cth), the Spam Act 2003 (Cth) and the Telecommunications Act 1997 (Cth).
- Keep authentication credentials confidential and notify us immediately of any suspected unauthorised access.
6. Third-party products and services
Our services may be delivered using or alongside third-party products (e.g. Microsoft, Google, Dell, Cisco, Datto, ConnectWise). Those products are subject to their own licence terms, end-user agreements and service levels. We pass through the benefit of vendor warranties where we are able to, but we do not provide additional warranties on third-party products.
7. Intellectual property
As between you and us, you retain ownership of your data and your pre-existing intellectual property. We retain ownership of our pre-existing intellectual property, methodologies, templates, tooling and know-how, including any improvements made during an engagement.
On full payment, you receive a non-exclusive, perpetual licence to use any deliverables prepared specifically for you, solely for your internal business purposes.
8. Confidentiality
Each party must keep the other party's confidential information confidential and use it only for the purposes of the engagement. This clause does not apply to information that is public (other than through a breach of confidence), is independently developed, or is required to be disclosed by law.
9. Privacy and data handling
We handle personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles (APPs) and our Privacy Policy. You are responsible for ensuring you have the necessary authority to provide us with any personal information about your staff, customers or contacts in connection with the services.
10. Australian Consumer Law
Our services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). For major failures with the service you are entitled to:
- cancel your service contract with us; and
- a refund for the unused portion, or compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
11. Warranties and disclaimers
Subject to clause 10 and any non-excludable rights, we provide the services with due care and skill and in accordance with good industry practice. To the maximum extent permitted by law, all other warranties, conditions, guarantees and representations (express or implied) are excluded.
We do not warrant that the services or this website will be uninterrupted, error-free or free of viruses or other harmful components, nor that all security incidents will be prevented.
12. Limitation of liability
Nothing in these terms limits any liability that cannot be limited under the Australian Consumer Law or any other applicable law.
Subject to that, where we are entitled to limit our liability under section 64A of the Australian Consumer Law for services not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability is limited (at our option) to re-supplying the services or paying the cost of re-supply.
Subject to the above, our total aggregate liability arising out of or in connection with the services, whether in contract, tort (including negligence), statute or otherwise, is limited to the fees paid by you to us under the relevant engagement in the 12 months immediately preceding the event giving rise to the liability.
To the maximum extent permitted by law, neither party is liable for any indirect, special, incidental, consequential or punitive loss, loss of profit, loss of revenue, loss of business opportunity, loss of goodwill or loss or corruption of data.
13. Indemnity
You indemnify us against all claims, losses, liabilities, damages, costs and expenses (including reasonable legal costs) suffered or incurred by us as a result of: (a) your breach of these terms; (b) your unlawful or negligent act or omission; or (c) any third-party claim arising from data, materials or instructions you provided to us.
14. Termination
Either party may terminate an engagement for material breach if the breach is not remedied within 14 days of written notice, or immediately on written notice if the other party becomes insolvent. Ongoing managed services may otherwise be terminated by either party on the notice period stated in the applicable MSA (and in the absence of one, on 30 days' written notice).
On termination you must pay all fees accrued up to the date of termination and any non-cancellable third-party costs we have committed to on your behalf.
15. Acceptable use of this website
You agree not to:
- use this website in any way that is unlawful, fraudulent or harmful;
- attempt to gain unauthorised access to any part of this website, our systems or accounts;
- interfere with, disrupt, or impose an unreasonable load on this website;
- scrape, mirror or systematically copy content from this website without our prior written consent.
16. Force majeure
Neither party is liable for failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, pandemics, war, civil unrest, industrial action, internet or utility outages, cyber attacks, or failures of third-party providers.
17. Governing law and jurisdiction
These terms are governed by the laws of Queensland, Australia. The parties submit to the exclusive jurisdiction of the courts of Queensland and the courts competent to hear appeals from those courts.
18. Changes to these terms
We may update these terms from time to time. The current version is the one published on this website. Where changes materially affect an active engagement, we will give you reasonable prior notice.
19. Contact
Questions about these terms? Contact us at hello@goldcoastmanagedit.com.au or call 0492 805 556.