1.Introduction this IT support terms and conditions describes the services that (‘the client’) will receive from [JZ Creative] (‘the supplier’).
2.Purpose The client depends on IT equipment, software and services (together: ‘the IT system’) that are maintained and supported by the supplier. This IT support agreement sets out how the IT supplier will provide maintenance and support services for the IT system. It describes for which items the supplier will provide support, what activities it will perform, and how the client can expect problems with the IT system to be handled.
3.Scope and Parties This support agreement is between: The client and The supplier
4.Dates and reviews This agreement begins once the client agrees to commence working with the supplier.
5.Exclusions As this IT support agreement is written in a spirit of partnership, the supplier will always make the best-possible efforts to provide support and rectify problems as requested.
However, this agreement only applies to the parts of the IT system listed.
Additionally:
• This agreement does not cover IT system problems caused by using equipment, software or service(s) in a way that is not recommended.
• If the client has made unauthorised changes to the configuration or set up of equipment, software or services, this agreement will not apply.
• If the client has prevented the supplier from performing required maintenance and updates, there may be a delay in resolving issues.
• It is the clients responsibility to ensure all data backups have been completed and checked to prevent loss of business data
This agreement does not apply to circumstances that could be reasonably said to be beyond the supplier’s control. For instance: floods, fire, and so on.
This agreement also does not apply if the client fails to pay agreed supplier invoices on time.
Having said all that, [supplier] aims to be helpful and accommodating at all times, and will do its absolute best to assist [client] wherever possible.
6.Responsibilities Key supplier responsibilities
The supplier will maintain and support the IT system used by the client.
Additionally, the supplier will:
• Ensure relevant software, services and equipment are available to the client.
• Respond to support requests as described within reasonable time, in any case.
• Do its best to escalate and resolve issues in an appropriate, timely manner.
• Maintain good communication with the client at all times.
7.Key client responsibilities and acknowledgements
The client will use the IT system covered by this agreement as intended.
Additionally, the client will:
• Notify the supplier of issues or problems in a timely manner.
• Provide the supplier with access to equipment, software and services for the purposes of maintenance, updates and fault prevention.
• Keep the supplier informed about potential changes to its IT system. For example, if staff are to begin connecting their own mobile devices to the company network, the supplier may be able to adjust its services accordingly.
• Maintain good communication with the supplier at all times.
• backup all of your data before
• be at least 18 years of age and physically located in Australia
• have legitimate copies of all software as well as all installation disks/media and product keys ready to use when you ring us about a problem.
8.No third party infringement. You warrant that:
you are the owner or authorised licensee of all software, data, media, PCs/laptops and other equipment which you ask us to access, repair or install for you, and providing our services in relation to those things does not violate any third party rights.
9.You consent and authorise us to: access your nominated PC / laptop in order to provide our services.
access, modify, reproduce and / or temporarily impair your data, systems, programs or electronic communications to the extent necessary to carry out the services.
10.Your Data back-up obligation. You are responsible for ensuring your data, software and media is backed-up prior to us accessing your systems or technology to provide our services. We are not to be responsible at any time for any data loss, alteration or corruption of any such data, software or media.
11.No guarantee that all issues will be identified (While we use our best efforts to identify issues with your software and hardware given the nature of technology, you acknowledge that we do not guarantee that all problems or security threats will be identified.
12.Activities. The supplier will perform a number of specific activities for the client. Details of these activities may include general software and hardware changes, system maintenance, fixing problems, managing networks, maintaining security, managing mobile devices, ad-hoc tasks.
13.Support. When the client encounters an issue with the IT system, it should raise this with the supplier.
The supplier will then investigate the problem and respond appropriately.
It also ensures required information about the issue is captured efficiently, and that the supplier’s response times are measured fairly.
14.Liability. Australian Consumer Laws. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
• to cancel your service agreement with us; and
• to a refund for the unused portion, or to 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 agreement 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.
To the extent permitted by law (including the Australian Consumer Law), our liability to you (whether arising in agreement, negligence or otherwise) is limited to (at our option):
in relation to goods:
• the replacement of your goods or the supply of equivalent goods;
• he payment of the cost of replacing your Product or of the supply of an equivalent Product; or
• refunding the amount of your order
in relation to services:
• supplying of the services again; or payment of the cost of having the services supplied again.
The above limitation, however, will not apply to our liability for death, personal injury or tangible property damage to your place of business directly caused by us, or to the extent that liability is caused by our gross negligence, willful misconduct or fraud.
You agree that, to the extent permitted by law (including the Australian Consumer Law), we will not be liable to you (whether in agreement, negligence or otherwise) for any:
• interruption of business;
• loss of revenue, profits or business reputation;
• delays or service disruptions (other than our same day guarantee);
• loss, alteration or corruption of data, software or media;
• viruses or system failures; or
• events beyond our reasonable control
• except to the extent that liability is caused by our gross negligence, willful misconduct or fraud.
We are also not liable to the extent any loss:
• is caused by you (for example, through your negligence or breach of agreement);
• results from your failure to follow our advice or reasonable directions or to take reasonable steps to avoid or minimise your loss.
15.Indemnity. You agree to indemnify us and hold us harmless from any loss, damage, costs, or expense incurred by us which directly arises except to the extent that liability is caused by our gross negligence, willful misconduct or fraud.
16.Termination & Suspension. Any party may terminate this Agreement immediately on written notice to the other if: (a) the other party breaches a term of this agreement which is not capable of remedy; or (b) where the breach is capable of remedy, the other party fails to remedy the breach within 10 days of written notice of the breach.
We may suspend the services at any time to the extent we reasonably believe necessary due to your breach of this Agreement (including suspending services where you fail to pay fees when due), or in order to prevent any damage to or misuse of our services or systems.
17.Charges and conditions. The monthly price for these services will be based on support services required and may be charged after work has been complete:
This is an all-inclusive charge that covers everything described in this agreement, with the following conditions:
• Support will be provided during working hours. These are also referred to as ‘standard hours’ and are 8.00am — 6pm on weekdays (excluding Holidays).
• Support when suitable will be provided on a remote access basis. Visits to the customers premises (or to other sites) will be charged.
• The following charges apply for these items *BH (Business Hours (8am – 6pm)) AH (After Hours (6pm – 8am)):
o BH Weekday Support Onsite and Phone/Remote IT Support: $165(exGST) per hour
o AH Weekday Support Onsite and Phone/Remote IT Support: $245(exGST) per hour
o BH Weekend Support Onsite and Phone/Remote IT Support: $245(exGST) per hour
o AH Weekend Support Onsite and Phone/Remote IT Support: $320(exGST) per hour
o BH Public Holidays Support Onsite and Phone/Remote IT Support: $320(exGST) per hour
o AH Public Holidays Support Onsite and Phone/Remote IT Support: $450(exGST) per hour
o Additional Travel Fees may apply
18.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.
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) Any defective software of that Third Party which JZ Creative needs to interact with.
- Customer agrees that their completed Deliverables or any part of it including statistics or other metrics or logo may be used in JZ Creative 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.