Terms & Conditions
OVERVIEW
P4IT Pty Ltd (Service Provider) provides a range of IT services in accordance with the following terms and conditions (Agreement). The Service Provider may review and amend or replace applicable terms and conditions from time to time when required.
1. DEFINITIONS
Agreement means this Agreement, recitals, Products or Services order forms and any amendments to this Agreement
Both Parties means the Service Provider and the client
Client means the customer or person who represent the customer
Consultant means an authorised person from the Service Provider
Force Majeure means any war, riot, strikes, pandemic, civil emergency, natural disaster or other circumstance of a similar nature that is outside the control of the affected party
GST means the Goods and Services Tax in Australia
Products means any hardware supplied to the Client by the Service Provider
Project means any project work requested and signed by the Client with the Service Provider
Services means the services that the Service Provider provides
Support Contact means a support contract signed between Both Parties provided by the Service Provider
Support Services means support services provided by the Service Provider
2. ACCEPTANCE
2.1 The Client has accepted the terms and conditions bound in this Agreement if the Client places an order or accepts the delivery of goods.
2.2 In the event when any inconsistency has been raised between the terms and conditions of this Agreement, other prior documents or schedule that the Both Parties have entered into, the terms and condition of this Agreement shall prevail.
2.3 Amendment to the Agreement for existing contract require consent for Both Parties.
2.4 Any advice, recommendation, information, assistance or service provided by the Consultant that is not supplied from a purchased service is given in good faith to the Client, and is based on the consultant’s own knowledge and shall be accepted without liability on the part of the consultant. The Consultant or Service Provider shall not be liable in any way for damages or losses that occurs after any subsequent commencement of the services.
2.5 When the Client request the Consultant to provide urgent Services and there is no Service Agreement in place then the consultant or Service Provider reserves the right to charge the Client for the labor cost according to the Service Provider normal rates during business hours work, 1.5 times of normal rate for after hours work and 2 times the normal rate for work during carried out during public holiday, unless otherwise agreed between the Service Provider and the Client.
2.6 Electronic signatures is deemed acceptable by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.
3. SERVICE PROVISION
3.1 The Service Provider provides the Product or Services:
3.1.1 in accordance to the Agreement.
3.1.2 use reasonable care and skill.
3.1.3 use Consultants with necessary skills.
3.1.4 ensure Products are sold from legitimate sources.
3.2 The Client agrees:
3.2.1 services are performed in the Service Provider sole discretion unless specific performance standards or acceptance criteria are specified in the Agreement.
3.2.2 the Client is responsible for implementing and maintaining reasonable security measures for any Access Credentials provided by the Service Provider.
3.2.3 the Client must not rent, lease, provide licences or permission of any Services provided by the Service Provider to any third party which is not a party in this Agreement.
3.2.4 the Client must not reverse or attempt to reverse engineer, reverse or attempt to assemble, gain or attempt to gain access to the source code of any portion of the software or configuration, circumvent or disable any security or technological features or measures implemented within the software.
3.2.5 the Client is prohibited from conducting or soliciting any load testing or penetration testing on the Platform or services without obtaining prior written consent from the Service Provider.
3.2.6 The Client is prohibited from engaging or attempting to engage in any activities that could damage the services or Platform or interfere with the availability or accessibility of the services.
3.2.7 the Service Provider may use reasonable technical measures to limit the use of Platform resources by the Client for the purpose of assuring services quality.
3.2.8 if the Client does not return the signed Agreement or negotiate the terms or does not pay any due subscription fees for Services but instructs the Service Provider to provide Services or the Client commence accessing services provided by the Service Provider, this action that will be taken as an acceptance of the Agreement offer to the Client and costs will be charged in accordance with this Agreement
3.2.9 when the Service Provider supplies internet plans provided by third-party Internet service providers as part of the services where the Service Provider does not have direct control over the performance of the internet service providers networks, and the Service Provider is, therefore, not liable for performance of the Internet service.
3.2.10 if any a service performance issue arising from the Client end, including but not limited to improper use of any hardware or software, or sharing of a single subscription license on multiple devices, the Service Provider will not be liable.
3.2.11 only use Products & Services provided by the Service Provider for lawful purposes and not for fraudulent, illegal or destructive purposes
3.2.12 adhere to any specific requirements or restrictions required for any Products or Services provided by the Service Provider.
3.2.13 that the Service Provider may from time to time amend this Agreement. In such cases, the Service Provider shall provide written notification of any amendments via email or publish on the Service Provider’s website at least 30 days prior to the effective date of such amendments. If the Customer does not wish to be bound by the amended Agreement, the Customer must provide written notice to the Service Provider at least 14 days prior to the effective date of such amendments.
3.2.14 that the Service Provider reserves the right to impose levy charges for any excess usage of fair use policy.
3.2.15 that the Service Provider may have scheduled maintenance from time to time affecting Service provided.
4. CLIENT OBLIGATIONS
4.1 Client will:
4.1.1 provide reasonable requested information to the Service Provider
4.1.2 provide a safe environment with a site contact when a Consultant is required to attend site
4.1.3 undertake their own data backup if any specific data backup service is not provided by the Service Provider
4.1.4 act upon the Consultant reasonable advise or suggestions related to any Services provided by the Service Provider for the Client
5. SUPPORT SERVICES
5.1 The Service Provider may at their sole discretion limit or deny the Client access to Support Services and/or Services if a security risk to the Service Provider network or abuse of any Consultant has been identified.
5.2 If the Client does not have a Support Contact with the Service Provider, the Service Provider has the right to deny any Support Services request.
5.3 Client must email the Service Provider for any support request with a detailed explanation of the issue, Client contact, and indication of the serverity of the issue being either P1, P2, P4 or P4.
Serverity level explained below:
P1 - Critical System / Function affecting company wide / all users with no workaround
P2 - Impacting multiple users with no workaround
P3 - Single user impact
P4 - Add/move/changes, questions or quotations
5.4 It is at the Consultant discretion to decide the serverity of the issue raised by the Client.
5.5 Support Services are to be carried out during the Service Provider normal business hours between 8.30am to 5pm, Monday to Friday in Melbourne AU timezone, except for public holiday in Victoria.
5.6 When after hours support is required by the Client, the Service Provider will charge the Client 1.5x the normal rate except for any public holiday in Victoria where the Client will be charged at 2x the normal rate. If the Client refused to accept the after hours rate, the Service Provider have the rights not to provide Support Services for the Client.
5.7 Client is required to act upon the reasonable advice of Consultant relating to the support request to assist with the investigation. Any failure or repeated failure to do so from the Client will result in delay of investigation or halting of support services provided by the Service Provider.
6. PRICING AND PAYMENT
6.1 The Client will pay the Service Provider any upfront fees including GST for Project engaged with the Service Provider.
6.2 The Client will pay the Service Provider all fees including GST upfront for any Products purchased from the Service Provider before any Products will be shipped.
6.3 Subscription services provided by the Service Provider requires the Client to pay 1 month in advance
6.4 When the Client fails to make payment within the due date, courtesy reminder with extended payment date may be offered in which the Client has to fulfil any outstanding payment for the Services in question. If payment has not been recieved for a final reminder, the Service Provider has the right to halt or cancel any associated Contracts/Services provided to the Client and remove all associated Client data.
6.5 No refunds or pro-rated refund are provided cancellation or Services.
6.7 In addition to all charges invoiced by the Service Provider or other money which the Customer may be liable at law or in equity to pay the Service Provider, the Customer will upon demand pay the Service Provider all costs incurred by the Service Provider for or in connection with the recovery of any unpaid money or other entitlements or Claims from the Customer, including but not limited to the Service Provider legal costs.
7. TERMINATION
7.1 This Agreement expires and comes to an end on completion of the provided services from the Service Provider under this Agreement.
7.2 Except where Services provided by the Service Provider has a fixed term, either party may terminate this Agreement without cause with 30 days advance written notice. If service provided by the Service Provider is a monthly service with no fixed term, the last day of service will be the last day of the following month when the cancellation notice has been given by the Client to the Service Provider.
7.3 Where Services provided by the Service Provider has a fixed term, the Client is required to fully payout the cost of the entire contract term remaining as the termination exit fee.
7.4 When the Client is unable to pay its debts when due or is deemed unable to pay its debts under any law, the Service Provider has the right to terminate any existing Services provided to the Client.
8. FORCE MAJEURE
8.1 Either the Client or Service Provider may suspend its obligations to perform under a Contract if it is unable to perform as a direct result of a Force Majeure Event. Any such suspension of performance must be limited to the period during which the Force Majeure Event continues.
8.2 Where either the Client or the Service Provider obligations have been suspended for a period of over 30 days due to a Force Majeure event, the other party may immediately terminate the Agreement by providing notice in writing to the other party.
9. PRIVACY POLICY
9.1 Please see our privacy statement webpage for more information. https://www.p4it.com.au/privacypolicy
10. GENERAL
10.1 Any dispute with the interpretation of these terms and conditions or as to any matter arising herein, shall be submitted to and settled by mediation before resorting to any external dispute resolution mechanisms (including arbitration or court proceedings), by notifying the other party in writing and setting out the reason for the dispute. Both Parties shall share equally the mediator fees and should mediation fail to resolve the dispute, Both Parties shall be free to pursue other dispute resolution options.
10.2 The Service Provider may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this Agreement by so doing. Furthermore, the Client agrees and understands that they have no authority to give any instructions to any of the Service Provider sub-contractors without the authority of the Service Providers.
10.3 Both parties agrees that this Agreement supersedes any prior written Agreements in existence.
10.4 This agreement shall not exclude or restrict the liability of either party arising out of its pre-contractual fraudulent misrepresentation or fraudulent concealment.
10.5 Both Parties are still bounded by the laws of Australia.