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    Terms and Conditions IT Support
    HomeTerms and Conditions IT Support

    IT SUPPORT TERMS AND CONDITIONS

    1. Introduction This IT Support Terms and Conditions document outlines the services that the client will receive from [JZ Creative] (referred to as ‘the supplier’).
    2. Purpose The client relies on IT equipment, software, and services (collectively referred to as ‘the IT system’) maintained and supported by the supplier. This IT Support Agreement specifies how the supplier will provide maintenance and support for the IT system, detailing the items covered, activities performed, and how the client can expect issues to be handled.
    3. Scope and Parties This support agreement is between:
      • The client
      • The supplier
    4. Dates and Reviews This agreement begins once the client agrees to commence working with the supplier.
    5. Exclusions Although this IT Support Agreement is created in a spirit of partnership, the supplier will make every effort to provide support and resolve problems as requested. However, this agreement only applies to the parts of the IT system listed. Additionally:
      • This agreement does not cover issues caused by using equipment, software, or services in a non-recommended manner.
      • Unauthorised changes to the configuration or setup of equipment, software, or services by the client void this agreement.
      • If the client prevents the supplier from performing necessary maintenance and updates, issue resolution may be delayed.
      • The client is responsible for ensuring all data backups are completed and verified to prevent data loss.
      • This agreement does not apply to circumstances beyond the supplier’s control, such as natural disasters (e.g., floods, fires).
      • This agreement is void if the client fails to pay agreed invoices on time.
    6. Responsibilities
      • Supplier Responsibilities:
        • Maintain and support the client’s IT system.
        • Ensure availability of relevant software, services, and equipment.
        • Respond to support requests within a reasonable timeframe.
        • Escalate and resolve issues appropriately and promptly.
        • Maintain good communication with the client.
      • Client Responsibilities and Acknowledgements:
        • Use the IT system as intended.
        • Notify the supplier of issues promptly.
        • Provide access to equipment, software, and services for maintenance and updates.
        • Inform the supplier of potential changes to the IT system, such as staff connecting personal devices to the network.
        • Maintain good communication with the supplier.
        • Backup all data before any service is performed.
        • Be at least 18 years of age and physically located in Australia.
        • Have legitimate copies of all software and all installation media and product keys ready when reporting a problem.
    7. No Third-Party Infringement The client warrants that they are the owner or authorised licensee of all software, data, media, PCs/laptops, and other equipment which the supplier accesses, repairs, or installs, and that providing these services does not violate any third-party rights.
    8. Consent and Authorisation The client consents and authorises the supplier to:
      • Access their nominated PC/laptop to provide services.
      • Access, modify, reproduce, and/or temporarily impair their data, systems, programs, or electronic communications as necessary to carry out the services.
    9. Data Backup Obligation The client is responsible for ensuring data, software, and media are backed up before the supplier accesses their systems. The supplier is not responsible for any data loss, alteration, or corruption.
    10. No Guarantee While the supplier will use best efforts to identify issues with the client’s software and hardware, it does not guarantee that all problems or security threats will be identified.
    11. Activities The supplier will perform various activities, including general software and hardware changes, system maintenance, problem fixing, network management, security maintenance, mobile device management, and ad-hoc tasks.
    12. Support When the client encounters an issue with the IT system, they should report it to the supplier, who will then investigate and respond appropriately, ensuring efficient capture of issue details and fair measurement of response times.
    13. Liability
    • Australian Consumer Laws: Goods and services come with guarantees that cannot be excluded under Australian Consumer Law. For major service failures, the client is entitled to cancel the service agreement and receive a refund for the unused portion or compensation for reduced value. For goods, the client is entitled to a refund or replacement for major failures. For minor failures, the client is entitled to have the failure rectified in a reasonable time or receive a refund if not rectified. The supplier’s liability is limited to the extent permitted by law, except for death, personal injury, or tangible property damage caused by gross negligence, wilful misconduct, or fraud.
    • The supplier is not liable for:
      • Business interruption
      • Loss of revenue, profits, or business reputation
      • Delays or service disruptions (except for the same day guarantee)
      • Data, software, or media loss, alteration, or corruption
      • System failures or viruses
      • Events beyond the supplier’s reasonable control
    1. Indemnity The client agrees to indemnify and hold the supplier harmless from any loss, damage, costs, or expenses incurred, except for those caused by the supplier’s gross negligence, wilful misconduct, or fraud.
    2. Termination & Suspension Either party may terminate this Agreement immediately with written notice if the other party breaches a term that is not capable of remedy, or if the breach is capable of remedy but is not remedied within 10 days of notice. The supplier may suspend services if necessary due to the client’s breach of the agreement or to prevent damage or misuse of services or systems.
    3. Charges and Conditions
    • The monthly price for services will be based on the required support services and may be charged after work completion.
    • The all-inclusive charge covers everything described in this agreement, with the following conditions:
      • Support is provided during standard hours (8:00 AM – 6:00 PM on weekdays, excluding holidays).
      • Remote support is preferred; on-site visits will incur additional charges.
      • Charges:
        • BH (Business Hours, 8 AM – 6 PM): $165 (ex GST) per hour
        • AH (After Hours, 6 PM – 8 AM): $245 (ex GST) per hour
        • BH Weekend Support: $245 (ex GST) per hour
        • AH Weekend Support: $320 (ex GST) per hour
        • BH Public Holidays Support: $320 (ex GST) per hour
        • AH Public Holidays Support: $450 (ex GST) per hour
        • Additional travel fees may apply.
    • Callout/travel fee (once-off): $120/30 min plus minimum business hours of labour; minimum of 1 hour.
    • After hours callout/travel fee (once-off): $180/30 min plus a minimum of 2 hours labour, then 1/4 hour blocks thereafter. Remote job: 1 hour.
    • Late Payment Fee: If the client fails to pay an invoice by the due date, a late payment fee of 10% of the total outstanding amount will be applied. This fee will be added to the client’s next invoice.
    1. Governing Law This agreement shall be governed by the laws of the State of Victoria, Australia, and the parties agree to the jurisdiction of the courts of Victoria for any dispute.
    2. Conditions JZ Creative shall not be liable for any breach of its obligations under this agreement caused by:
    • Lack of cooperation or access by the client
    • Defective third-party software which JZ Creative needs to interact with

    The client agrees that their completed deliverables or any part thereof, including statistics, metrics, or logos, may be used in JZ Creative’s portfolio or any other marketing form or document at JZ Creative’s discretion. JZ Creative is authorised to make factual statements about the services delivered to the client.

     

    OVERALL TERMS AND CONDITIONS

    • Overall Terms and Conditions These general terms and conditions (“TCs”) govern the broad relationship between the parties, while Specific Agreements (“SAs”) include proposals and mod notes that detail specific services and products provided to the Customer. TCs override previous TCs and govern all SAs. “Overall Agreements” means all TCs and SAs. A “Mod Note” is any mutually signed document (or an email from JZ Creative) declaring itself as one. No amendments or oral agreements are binding unless recorded in writing and signed by both parties, aside from Modification Notes sent by JZ Creative.
    • Emails The Customer agrees to receive reasonable correspondence or emails from JZ Creative. The Customer must notify JZ Creative in writing to opt out.
    • Fees Unless the SA states otherwise, half of the fees are due upon signing the earlier of the SA or this agreement (“Sign Date”). The balance is payable in two equal monthly instalments following signing. The Customer may not use any fault or alleged fault in the Deliverables to delay payment of fees. If a Customer is in default, JZ Creative may take down any hosted material. JZ Creative may charge interest on accounts overdue for more than 30 days at the penalty interest rate. A late payment fee of 10% of the total outstanding amount will be applied to overdue invoices.
    • General All agreements are transferable with JZ Creative’s written permission to a buyer of the Customer who is not a competitor of JZ Creative. The Customer will appoint no more than one individual at any time to liaise with JZ Creative. Any change of such individual may attract a charge. “Deliverables” means any website, software code, or deliverables developed for or licensed to the Customer under the SA. Decisions made by that person on the Deliverables and effected by JZ Creative may not be rescinded by a future liaison person. If the person hours spent developing the Deliverables exceed the total fees (excluding any Continuing Fees) divided by fifty, JZ Creative may recover from the Customer person hours spent above this at $40 per hour. Where the Customer is a corporate entity, the person signing on behalf of the entity shall be jointly and severally liable for the performance of the Customer’s obligations under this agreement. JZ Creative may charge for encryption. JZ Creative may transfer the Overall Agreements to another entity or subcontract part of its obligations. A failure to enforce any right does not remove that right.
    • Features Deliverables do not include any feature not specifically stated in the SAs or Mod Notes and do not include training or manuals, CRM, or other applications. Only one login is to be provided for CMS; key staff are provided only while working for JZ Creative. Once functionality in a broad area has been established on a test site, the client shall not request different functionality for that area later. Email accounts will be restricted to five. JZ Creative may, as a courtesy, provide services or code outside of SAs or Modifications but is not liable to maintain such services or code.
    • Indemnity JZ Creative indemnifies the Customer against proven direct loss and damage caused by the Deliverables to a maximum of the fees. This amount is the total and sole remedy for any liability under the Overall Agreements and covers all incidents of liability occurring to the date of such payment. A separate guarantee regarding hosting is detailed later in this agreement. JZ Creative does not accept liability for the non-renewals of domains; these are the responsibility of the Customer. In the event of any exclusions in this clause being held invalid by any aspect of the Governing Law, JZ Creative’s liability is limited to either, at JZ Creative’s discretion (a) replacement of the Deliverables, or (b) refund of the fees. JZ Creative disclaims all liability in pay-per-click campaigns.
    • Additions Where JZ Creative delivers additional services not specified in the SAs or any Mod Note, any timetable will be extended, and JZ Creative shall have no liability for the performance or delivery of such additional services.
    • Conditions JZ Creative shall not be liable for any breach of its obligations under the Overall Agreements where such breach has been caused by: (a) The lack of cooperation or access by the Customer; (b) The lack of cooperation or provision of access by any third party whom (1) the Customer has required to liaise with or use the services or products of, or (2) which is responsible for either hosting or developing any part of a website on which JZ Creative is performing services (“Third Party”); (c) Any defective software of that Third Party which JZ Creative needs to interact with.
    • Governing Law The Overall Agreements shall be governed by the laws in the State of Victoria, Australia, and the parties agree to the jurisdiction of the courts of Victoria for any dispute.
    • Deliverables The design and content of the Customer’s Deliverables (including the general design logos and graphic elements, but excluding core programming elements) (the “Data”) is the property of the Customer. The Customer grants JZ Creative the rights to publish and use the Data only for the purpose of providing services to the Customer. Upon termination of this agreement, JZ Creative will immediately turn over to the Customer all Data. The Customer will own the Deliverables, save for the core programming of the Deliverables which has been developed by JZ Creative (such as Content Management Systems, Database structure, PHP elements, Complex Menus and Forms etc. “Core Programming Elements – CPE”). JZ Creative retains copyright to these elements of the Deliverables. At the conclusion of this agreement, the Customer may request a transfer of the code, which JZ Creative will provide, and JZ Creative may appropriately encrypt/protect pages or files featuring any CPE.
    • Link A link to JZ Creative will appear as both a small type one line link or links and a small graphic at the bottom of each page of any website, bulk email, or other output generated by any system developed by JZ Creative. The Customer agrees that their completed Deliverables or any part of it, including statistics or other metrics or logos, may be used in JZ Creative’s portfolio or any other marketing form or document at JZ Creative’s discretion and authorises JZ Creative to make a factual statement that it has delivered services to the Customer. JZ Creative and the Customer will not make any disparaging comments about the other.
    • Spamming JZ Creative can remove any Deliverables if there is reasonable suspicion of spamming or copyright infringement.