Business IT 365, an Australian based Managed Service Provider (MSP), provides its services to you subject to the following Terms of Service (“TOS”). By using Business IT 365’s services, you agree to be bound by the following terms and conditions. If you do not agree to these terms and conditions, you should not use Business IT 365’s services.
Purpose of the TOS: These TOS govern the use of Business IT 365’s services and any associated software, documentation, and support services (collectively, the “Services”).
Agreement to TOS: By using Business IT 365’s Services, you are agreeing to be bound by these TOS. If you do not agree to these TOS, you should not use Business IT 365’s Services.
Description of Services: Business IT 365 provides a variety of services, including but not limited to, IT support, network management, software development, and data backup and recovery. The specific services provided to each client will be outlined in a separate agreement.
Limitations of Services: Business IT 365 will make every effort to provide reliable and efficient services. However, Business IT 365 cannot guarantee that the Services will be uninterrupted or error-free. Business IT 365 will not be liable for any damages caused by interruptions or errors in the Services.
Payment Terms: Business IT 365 requires payment in advance for all Services. Payment can be made by credit card, check, or wire transfer.
Fees: Business IT 365 charges a monthly fee for its Services. The specific fee for each client will be outlined in a separate agreement.
Refund Policy: Business IT 365 does not offer refunds for its Services.
Data Security: Business IT 365 takes the security of client data very seriously. Business IT 365 uses industry standard security measures to protect client data, including firewalls, encryption, and secure servers.
Confidentiality Agreement: Business IT 365 will not disclose any client data to third parties without the client’s express permission.
Service Level Guarantees: Business IT 365 guarantees a certain level of service for its clients. The specific service level guarantees for each client will be outlined in a separate agreement.
Reporting and Resolving Service Issues: If a client experiences an issue with Business IT 365's Services, the client should contact Business IT 365’s support team. Business IT 365 will make every effort to resolve the issue in a timely manner.
Ownership of Intellectual Property: Any intellectual property related to Business IT 365’s Services remains the property of Business IT 365.
Restrictions on Use of Intellectual Property: Clients may not use any intellectual property related to Business IT 365’s Services for any purpose other than the specific purpose for which it was provided.
Conditions for Termination or Cancellation: Business IT 365 may terminate or cancel a client’s Services at any time if the client breaches any of these TOS.
Procedures for Termination or Cancellation: If Business IT 365 terminates or cancels a client’s Services, the client will be notified in writing.
Limitations of Liability: Business IT 365 will not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of Business IT 365’s Services.
Indemnification: You agree to indemnify, defend and hold Business IT 365, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these TOS.
Agreement to Resolve Disputes Through Arbitration or Mediation: Any disputes arising out of or in connection with these TOS shall be resolved through arbitration or mediation, as mutually agreed by both parties.
Governing Law: These TOS shall be governed by and construed in accordance with the laws of Australia, without giving effect to any principles of conflicts of law.
Jurisdiction: Any disputes arising out of or in connection with these TOS shall be subject to the exclusive jurisdiction of the courts located in Australia.
Entire Agreement: These TOS constitute the entire agreement between you and Business IT 365 with respect to the use of Business IT 365’s Services.
Severability: If any provision of these TOS is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
No Waiver: Business IT 365’s failure to enforce any right or provision in these TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Business IT 365 in writing.
Force Majeure: Business IT 365 shall not be liable for any delay or failure in performance of its obligations under these TOS, if such delay or failure is caused by a force majeure event, such as natural disaster, war, terrorism, strike, lockout, or governmental act.
Contact Information: If you have any questions or concerns about these TOS, please contact Business IT 365’s support team at (02) 7207 9507.