Support Terms and Conditions

Introduction

The supply of goods and/or the performance of services by geezit (‘we’ or ‘us’ or ‘our’) to all its customers (‘you’) is on the following terms and conditions. By requesting, ordering or otherwise permitting us to supply goods to or perform services for you, you thereby accept irrevocably and unconditionally our offer without change or qualification.

These Support Terms and Conditions may be updated or amended by geezit at any time. It is your responsibility to review the current Support Terms and Conditions at:

http://www.geezit.com/legals/support-terms

1   Definitions

In these conditions:

  • ‘Conditions’ means these Terms and Conditions;
  • ‘Customer’ or ‘you’ means a person, firm or corporation, jointly and severally if more than one, that requests goods or services from us;
  • ‘goods’ means all products and other goods (including any software) supplied by us to you or on your behalf;
  • ‘including’ is not a word of limitation and means without limitation;
  • ‘services’ means all services performed by us for you or on your behalf;
  • ‘geezit’ or ‘we’ or ‘us’ or ‘our’ means geezit (ABN 57 092 018 883);
  • ‘Business Hours’ means Monday to Friday 8am to 6pm (Sydney, Australia time), excluding gazetted public holidays;
  • ‘Afterhours’ or ‘After Hours’ or ‘Afterhours Support’ is any labour outside Business Hours.  Any labour ‘After Hours’ is classified as requiring ‘Afterhours Support’;
  • ‘Anytime on Weekends and Public Holidays’ is classified as ‘After Hours’. Any labour during these hours is classified as requiring ‘Afterhours Support’;
  •  ‘Party’ and ‘Parties’ means (severally and not jointly) geezit and/or the Customer as the context requires;
  • ‘Credit Card’ means Visa or MasterCard or any other credit card that geezit at its discretion decides to accept;
  • ‘Business Consulting Agreement’ or ‘BCA’ means the agreement so described between geezit and you;
  • ‘Normal Support’ means Standard Consulting and Support as described in the BCA;
  • ‘Remote Support’ is support provided to you from our office;
  • ‘Onsite Support’ is support provided to you outside our office, at your home, business or other location;
  • ‘Project Work’ is network and server upgrades or work outside Normal Support;
  • ‘Block Hour Support’ is prepaid support as described in the BCA;
  • ‘Standard Consulting Rate’ is the rate per hour you will be billed for work unless ‘Project Work’ as varied from time to time and as set out in your BCA;
  • ‘Afterhours Support Rate’ is the rate per hour you will be billed for work outside Business Hours as set out in your BCA and as varied from time to time;
  • ‘Afterhours Support Minimum Charge’ is the minimum amount you will be billed for work outside Business Hours as set out in your BCA and as varied from time to time;
  • For any work performed on ‘Public Holidays’ there is a minimum charge of 4 Hours billed at ‘Afterhours Support Rate’ per hour as set out in your BCA and as varied from time to time;
  • ‘Project Work Rate’ is our rate for work that is not standard work and applies during Business Hours as set out in your BCA and as varied from time to time;
  • ‘Project Work Rate Afterhours’ is our rate for Project Work outside Business Hours as set out in your BCA and as varied from time to time;
  • ‘Afterhours Support No Afterhours Plan’ means Afterhours Support is not available to you as set out in your BCA;
  • ‘Block Hour Support Plan’s’ is prepaid support available in different hourly blocks as described in the BCA;
  • ‘Essential Monitoring Plan’ is a monthly monitoring plan based on your network with the number of users, PCs / laptops, servers, sites (1 included), printers & firewalls;
  • ‘EssentialOffice Support Plan’ is a monthly support plan based on your network with the number of users, PCs / laptops, servers, sites (1 included), printers & firewalls;
  • ‘ModernOffice Support Plan’ is a monthly support plan based on your network with the number of users, PCs / laptops, servers, sites (1 included), printers & firewalls;
  • ‘Monthly Support Plan’ or ‘Monthly Plan’ will be one of:
  • Block Hour Support Plan; or
  • Essential Monitoring Plan; or
  • EssentialOffice Suport Plan; or
  • ModernOffice Support Plan;
  • ‘System Images’ are a customised installation of a Windows operating system, software and configuration based on a specification and discussions with the customer;
  • All Computers, PCs, Laptops, Workstations and Servers (both Physical and Virtual) that are covered (or to be covered) by a Monthly Support Plan are to be imaged or created by geezit staff using customised ‘System Images’ created and maintained by geezit only;
  • ‘System Images’ will be updated and maintained by geezit with input and discussions with the customer;
  • ‘geezit Cloud Services’ or ‘geezit Managed Products’ means any product or service that geezit sells on a recurring monthly, quarterly or annual basis;
  • ‘Customer Billing Contact’ is the individual or team that geezit sends Invoices / Accounts related enquiries as the Customer;
  • ‘Agreement Term’ is the length of the agreement as set out in your BCA;
  • ‘Agreement Start Date’ is the day that your agreement starts as set out in your BCA;
  • ‘Agreement End Date’ is the day that your agreement ends as set out in your BCA;
  • ‘Monthly Start Date’ is the day of the month your BCA starts on;
  • ‘Monthly’ means the period of a month from the day of the month which is your Agreement Start Date;
  • ‘ModernOffice User’ – is a user that:
  • is a named user for which geezit is providing support and is covered by your BCA;
  • is usually a named employee or contractor or user that requires access to your network;
  • sometimes this user will use a shared account and you will be billed for each user using the shared account;
  • ‘ModernOffice Basic User’ – is a user that:
  • is a named user for which geezit is providing email ONLY support; and
  • it is expected that the only support to be provided is resetting of the user’s password and / or to get access back into their account;
  • Any further support required will be chargeable and billed at your ‘Standard Consulting Rate’;
  • An ‘External User’ – is a user that:
  • is NOT a named user on your network; and
  • does NOT use your network more than 2 days per week.
  • Included Support for an ‘External User’:
  • is ONLY provided on your network when connected onsite at your office; and
  • is ONLY provided for applications relating to your network; and
  • is NOT provided when they are outside your office.

2   Basis of Contract

2.1        Unless otherwise agreed by us in writing, these Conditions apply to every supply of goods and provision of services by us to you and cannot be varied, amended or supplemented by any other terms or conditions without our prior written consent.

2.2        Any written quotation provided by us to you concerning the proposed supply of goods or services is valid for 7 days from the quote date and is an invitation only to you to place an order based upon that quotation. These Conditions may be supplemented by additional terms in our quotation which are not inconsistent with these Conditions.

3   Plans

3.1         The ‘Essential Monitoring Plan’, ‘EssentialOffice Monthly Support Plan’ and ‘ModernOffice Monthly Support Plan’s’ ‘Cost per Month’, ‘Cost per Device’ and ‘Savings per Annum’ are all calculated based on time and the number of users, sites and devices.

3.2        On a Monthly basis geezit will review the number of users and devices. If these numbers change then the ‘Cost per Month’, ‘Cost per Device’ and ‘Savings per Annum’ will incrementally change.

3.3        The chosen Monthly Support Plan is an agreement for a minimum of 12 months.

3.4        ‘Included Hours’ can be used throughout the term of the agreement. The ‘Included Hours’, if not used, expire at the conclusion of the agreement;

3.5        ‘Included Hours’ are to be used for ‘Normal Support’ only and may not be used for ‘Project Work’;

3.6        ‘Onsite Support Hours’ do not rollover to the next month. The ‘Onsite Support Hours’, if not used, expire at the conclusion of every month;

3.7        ‘Additional Prepaid Hours’ do not rollover to the next month. The ‘Additional Prepaid Hours’, if not used, expire at the conclusion of every month;

3.8        During the term of your agreement you may change to a higher ‘Monthly Support Plan’ with more ‘Included Hours’. You cannot change down to a Monthly Support Plan with less ‘Included Hours’ before your Agreement End Date.

3.9        ‘geezit Backup’ is a ‘geezit Cloud Service’ provided by geezit and its Terms and Conditions can be found here:

http://www.geezit.com/legals/geezit-backup-terms

 

4   Charges and Payment

4.1        Payment for goods and services must be made by cash, direct deposit, direct debit or credit card prior to the supply of the goods or services.

4.2        The Customer will pay geezit’s invoices within seven (7) days of the Customer’s receipt. geezit shall not be required to perform any work for the Customer if and for so long as any of the geezit’s invoices to the Customer remain unpaid beyond our required time for payment.

4.3        If geezit’s invoices remain unpaid beyond our required time for payment geezit will Direct Debit (Credit Card or Bank Account) the outstanding invoices from your geezit approved account (Credit Card or Bank Account).

4.4        Credit Card payment processing fees apply, reflecting bank fees charged to geezit for payments. These ‘Payment Terms of Use’ can be found at:

http://www.geezit.com/payments/online-payment-terms.

4.5        All Monthly Support Plans are only payable by direct debit or approved Credit Card.

4.6        All geezit Cloud Services and geezit Managed Products are only payable by direct debit or approved Credit Card.

4.7        Monthly Support Plans, geezit Cloud Services and geezit Managed Products are monthly services billed from your Monthly Start Date to the end of the month. Invoices will be sent to you approximately 2 weeks before your Monthly Start Date and your Credit Card or bank account (via direct debit) will automatically be debited on your Monthly Start Date. If you have any questions or queries about your invoice you should send an email to accounts@geezit.com before the start of the next month.

4.8        A direct debit request form must be completed, signed and approved for geezit to process payments via direct debit.

4.9        All Monthly Support Plans must be paid in full before the Monthly Start Date.

4.10        All geezit Cloud Services and geezit Managed Products must be paid in full before the Monthly Period Start Date otherwise geezit may suspend accounts or refuse to provide support until account is paid in full.

(a)   All geezit Agreements which include Azure products and services are billed based on the previous month.

(b)   Once we receive the customer’s Azure usage and associated charges then we will either provide a credit or add the additional charges to the customer’s next monthly invoice.

(c)   geezit will charge a 1 x Monthly Total (Advanced Payment) for the Azure products and services to make sure the customer is able to make ongoing payments for their Azure usage. Therefore the 1st Month of a geezit Agreement which includes Azure products and services will be 2 x Monthly Total.

(d)   geezit will review the customer’s Monthly Azure Agreement  usage every 3 months to make sure the ‘Azure Advanced Payment’ is at a very similar amount to the current usage. If this is significantly different then either a credit will be provided or a additional ‘top up’ payment will need to be made by the customer.

4.11       Normal Support is billed in 0.25 hour increments and is charged at the Standard Consulting Rate per Hour as set out in your BCA.

4.12       All Project Work is billed in 0.25 Day increments and is charged at the cost per day as set out in your BCA. There are 8 hours in a day.

4.13       Project Work outside Business Hours will be charged at the Afterhours Support Rate per Hour multiplied by the cost per day as set out in your BCA.

4.14       All Onsite Support visits are chargeable and there is a minimum of 1hour units. Any part thereof is chargeable at Onsite Support Rate per Hour as set out in your BCA.

4.15       All geezit Cloud Services and geezit Managed Products that require retrieval of data are billable and is based on the number of users and the size of data to be exported. The costs for data retrieval is charged at the Standard Consulting Rate per Hour as set out in your BCA.

4.16       All goods supplied by us are charged separately from the services.

4.17       Where there is any change in the costs incurred by us in relation to the goods or services, we may vary our price for goods or services on order to take account of any such change, without giving prior notice to you.

4.18       If you nominate and are approved for the good(s) or service(s) you have purchased to be invoiced, you may be charged an account fee per invoice issued. This fee will be advised in advance.

4.19       If you exceed your approved credit terms, you will be charged a $33.00 (including GST) late payment fee. A revised invoice will be sent to you.

4.20       Block Hour Support Plan (Prepaid Hours):

(a)   Is prepaid support available in 5, 10, 20, 50 or 100 Hour blocks.

(b)   Once you have purchased a block of prepaid hours it cannot be cancelled.

(c)    Prepaid Hours expire after a given number of months as set out in your BCA.

(d)   You are obliged to pay for the services that geezit agrees to provide you with regardless of whether you utilise those services. If you do not provide geezit with the necessary materials or information for geezit to deliver the services to you, you are still liable to geezit for full payment.

(e)   All phone and remote support is billed against your Block Hour Support Plan in 0.25 hour units. Any part thereof is chargeable and is deduced from your Included Hours.

5   Payment Default

5.1        If you default in the payment by the due date of any amount payable to us, or if any cheque drawn by you is dishonoured, then all money which is then due as well as all monies that are payable by you to us at a later date on any account, shall be due and payable immediately without the requirement of any notice to you, and we may, without prejudice to any other right or remedy available to us:-

(a)   charge you interest on any sum due at the rate of 2% above the corporate reference rate of our principal banker. This interest shall be calculated daily and compounded every 30 days for the period from the due date until the date of payment in full; and

(b)   charge you for all expenses and costs (including debt collection commission and fees, legal costs on a full indemnity basis and dishonoured cheque fees) suffered or incurred by us resulting from the default, including taking whatever action we deem appropriate to recover any amounts due (which, for the avoidance of doubt, shall include engaging a debt collection agency to seek to recover the amounts due); and

(c)    cease or suspend for such period as we think fit, supply of any further goods or services to you; and

(d)   by notice in writing to you, terminate any contract with you so far as unperformed by us, without effect on our accrued rights under this or any other contract.

5.2        Clause 5.1 may also be relied upon, at our option:

(a)   where you are an individual, you become bankrupt or enter into any scheme of arrangement or any assignment or composition with or for the benefit of your creditors or any class of your creditors generally; or

(b)   where you are a corporation, you enter into any scheme of arrangement or any assignment or composition with or for the benefit of your creditors or any class of your creditors generally, or you have a liquidator, provisional liquidator, administrator, receiver or receiver and manager appointed, or any action is taken for, or with the view to, your liquidation (including provisional liquidation), winding up or dissolution without winding up.

6   Confidential Information

6.1        The Parties agree that any confidential information received by a Party during provision of services which concerns the personal, financial or other affairs of a Party will be treated as confidential and will not be disclosed by a Party to any other person, firm or corporation.

7   Engagement of Others

7.1        The Customer may from time to time request that geezit arrange for the services of third party service providers or suppliers (“third parties”). The rates for those third parties will be such rates as may be advised by geezit and agreed by the Customer prior to the engagement of those third parties. All costs to geezit for those services and supplies provided by third parties for the Customer will be the sole responsibility of and be paid by the Customer . geezit shall not engage third parties to provide services or supplies for the Customer without the prior authorisation of the Customer.

8   Passing of Property

 8.1        Until full payment in cleared funds is received by us for all goods supplied by us to you, as well as all other amounts owing to us by you:

(a)   title and property in all goods remains vested in us and does not pass to you;

(b)   you must hold the goods as fiduciary bailee and agent for us;

(c)    you must keep the goods separate from your other goods and maintain the labelling and packaging of the goods;

(d)   you hereby undertake to us to hold the proceeds of any sale of the goods on trust for us in a separate account.  However, any failure to do so will not affect your obligation to deal with the proceeds as our trustee;

(e)   we may, without notice, enter any premises where we suspect the goods may be and remove them, notwithstanding that they may have been attached to other goods not the property of us, and for this purpose you irrevocably licence us to enter such premises and shall also indemnify us and hold us harmless from and against all costs, claims, demands or actions by any party arising from such action.

9   Risk and Insurance

The risk in the goods and all insurance responsibility for theft, damage or otherwise in respect of the goods shall pass to you immediately upon delivery of the goods to the premises nominated by you.

10  Performance of contract

 10.1       Any period or date for delivery of goods or provision of services stated by us is intended as an estimate only and is not a contractual commitment. We will use our reasonable endeavours to meet any estimated dates for delivery of the goods or completion of the services.

10.2       Whilst every attempt will be made to perform the repairs onsite, it may be necessary to return your system to our base or third party for diagnosis and repair.

11  geezit Warranties

11.1        If we cannot provide you with a solution to your problem, we will not charge you for those services in respect of that problem. In some cases, the solution may be that you need to upgrade or replace your software or hardware. If we advise you to do so and you choose not to upgrade or replace your software or hardware, you acknowledge that we have met our commitment to you by providing you with a solution to your problem, whether or not you choose to implement that solution.

11.2       We stand behind our service. If you notify us of a problem with the services you were provided, and our diagnosis of the problem indicates that our services were not performed satisfactorily, we will work to provide a solution to your problem quickly and at no additional cost to you.

11.3       You acknowledge that computers are complicated and sometimes problems are more deeply rooted or complicated than initially diagnosed. You also acknowledge that a problem which occurs with your computer after our visit may be unrelated to the work we performed for you and is therefore outside the scope of any service guarantee.

11.4       You acknowledge that any equipment presented for repair may have pre-existing damage or other problems, and that geezit cannot, due to such pre-existing damage, assume responsibility for such damage or further problems resulting therefrom.

11.5       When we sell you equipment, hardware or software, we may be selling such equipment, hardware or software on behalf of a third party manufacturer or licensor. We do not warrant that the operation of any software we install or service will be uninterrupted or error free. You acknowledge that software (and information technology and communications products generally), including your software, may have errors and may encounter unexpected problems, and accordingly, you may experience downtime and errors in the use of software. You also acknowledge that your use of such software may be subject to a third party licence.

11.6       geezit shall not provide warranties on products, hardware or software longer than the warranty the products, hardware or software was sold to you with. If the manufacturer is providing a warranty that is longer than the warranty provided by geezit then it is up to the customer to deal directly with the manufacturer for this warranty.

11.7       We shall honour all terms (if any) that are implied under applicable State and Commonwealth laws concerning the supply of the goods and/or the performance of the services and nothing in this clause 11 seeks to restrict, modify or exclude such terms. Our express warranty and guarantee are in addition to and do not affect your statutory rights and remedies.

  

12  Customer’s Responsibilities

12.1       You shall be solely responsible for all data inputs, the manner of use of the goods by all those to whom it provides access and all outputs derived, and all other results of such processing.

12.2       You shall comply, at your own expense, with any recommendations and guidelines with respect to the use of the goods, including any adjustments or replacements required in respect of equipment and software that is incidental or collateral to the use of the goods.

12.3       You shall ensure that your operators are adequately trained and informed as to the use of the goods and shall comply with guidelines and procedures supplied by us and/or any third party manufacturer from time to time.

12.4       You shall promptly report errors or faults in the operation of any aspect of the goods or any provision of the services in accordance with applicable fault reporting procedures from time to time.

12.5       You shall perform general housekeeping, testing, adjustment and/or maintenance as recommended by us in respect of any goods supplied by us in order to maximise the availability of and performance of the goods or permit performance by us of any of our obligations hereunder.

12.6       You agree to exercise due care and carry out such precautions which may be recommended by us or otherwise required as a matter of prudence in connection with the performance by us of any of our obligations hereunder.  For example, but without limiting the generality of the foregoing, you are responsible for advising your staff of system restarts or scheduled downtime, recording of error information, and will co-operate with other system administration activities such as, but not limited to, running diagnostic tests and operational readiness tasks.

12.7       You represent and warrant to geezit that you are the owner of, and/or have the right to be in possession of and make decisions regarding, all data, media or equipment (‘Data’) provided to geezit, and that you have obtained all necessary consents required under the Privacy Act 1988 (Cth) in relation to the disclosure of personal information by you to geezit and to the use of that personal information by geezit, and that your collection, possession, processing and transfer of such Data is in compliance with data protection and privacy laws to which you are subject. You indemnify geezit from any expense (including reasonable legal fees), damage or liability arising out of any claim, demand or suit resulting from a breach of your warranties.

12.8       You shall as a fundamental term of these Conditions back up all software, data and files that are stored on your computer and/or on any other storage devices you may have prior to the arrival of the geezit technician. We and/or our third party service provider shall not be responsible at any time for any loss, alteration or corruption of any such software, data or files.

12.9       Onsite Support involve geezit staff visiting you at your home or other location (premises) requested by you.

12.9.1     You must provide our staff with:

(a)   access to the areas of your premises necessary to provide services;

(b)   necessary passwords to your computer;

(c)    a safe working environment and working space;

(d)   electrical power and internet access (where applicable).

12.9.2    If the services involve the installation of software, then you must provide our staff with the installation disks for your operating system or software along with a product key for this software.

13  Liability

13.1       To the full extent permitted by applicable law, all conditions, warranties, representations, indemnities and guarantees with respect to the goods and/or the services, or other goods or services that may be provided by geezit under these Conditions, that may otherwise be implied by statute, law, equity, trade custom, prior dealings between the Parties or otherwise (including, but not limited to, any implied warranty of merchantability, fitness for particular purpose, quiet enjoyment or non-infringement) are hereby expressly excluded.

13.2       Except to the extent specifically provided in these Conditions, our sole liability to you for any and all breaches of any term or terms of these Conditions, whether express or implied, shall be limited to:

13.2.1     subject to sub-clauses 13.2.2 and 13.2.3, the aggregate amount of the fees and charges paid by you under these Conditions as at the date of the breach;

13.2.2    in relation to goods if supplied to you as a consumer (as defined in the  Competition and Consumer Act 2010):

(a)   the replacement of the goods or the supply of equivalent goods; or

(b)   payment of the cost of replacing the goods or acquiring equivalent goods; or

(c)    the repair of the goods or payment of the cost of having the goods repaired,

(d)  as in each case we may elect; and

13.2.3    in relation to services if supplied to you as a consumer (as defined in the Competition and Consumer Act 2010):

(a)   the supplying of the services again; or

(b)   the payment of the cost of having the services supplied again,

(c)  as in each case we may elect.

13.3       In no event shall we be liable to you or to any third party under or in connection with these Conditions or in respect of the use of (or failure or performance of) the goods or the supply of the services for:

13.3.1     malfunctions or failures caused directly or indirectly by:

(a)   any third party;

(b)   our actions that were expressly or impliedly authorised by you, or by your employees or agents;

(c)    accident, misuse or abuse by anyone other than us;

(d)   alteration or modification of the goods by anyone other than us;

(e)   products (including any hardware or software) not licensed or supplied by us that are attached to or used with the goods;

(f)    your failure to provide a proper operating and working environment for the goods;

(g)   damage during any movement, relocation or re-installation of the goods;

(h)   power surge or failure,

(i)     acts of God or acts outside our reasonable control;

(j)     any other condition not arising under normal operating conditions; or

(k)    normal wear and tear; or

13.3.2    any loss or damage of any nature arising or caused directly or indirectly by any breach of your obligations or responsibilities set out in these Conditions.

13.4       Any replacement of parts under warranty will be carried out at the premises nominated by us. The cost and risk of transport of any defective part to the nominated premises is your responsibility.

13.5       In no event will we be liable to you or to any third party under or in connection with these conditions or in respect of the use of (or failure or performance of) the goods or the supply of the services for:

13.5.1     any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit;

13.5.2    your liability to any third party; or

13.5.3    incidental, consequential, special, exemplary or punitive damages of any nature, howsoever arising or caused, including without limitation the breach of these Conditions or any expiration or termination of these Conditions, whether such liability is asserted on the basis of statute, contract, tort (including negligence or strict liability), equity or otherwise, even if we have been advised of the possibility of such loss or damage.

13.6       We will not be liable for any loss or damage suffered by you where we have failed to meet any delivery date or cancelled or suspended the supply of goods or services.

13.7       Nothing contained in these Conditions excludes, restricts or modifies any:

13.7.1     implied condition, warranty or other implied obligation in relation to these Conditions or the goods and services where pursuant to applicable law to do so is unlawful or void; or

13.7.2    liability for fraud or deceit; or

13.7.3    liability for death or personal injury caused by the negligence of either Party.

 

14  Copyright in Software

14.1       We will not be responsible to you or any third party for any breach of any software licence in respect of software provided to us by you to be installed on your computer.

14.2       You hereby warrant that you have a valid licence in respect of such software and shall indemnify us and hold us harmless against any loss, damage, costs, harm or other expense whatsoever arising either directly or indirectly as a result of us installing software at your request.

15  Cancellation

15.1       If, through circumstances beyond our reasonable control, we are unable to effect delivery or provision of goods or services, then we may cancel your order (even if it has already been accepted) by notice in writing to you.

15.2       We reserve the right to cancel our BCA with you for any reason by notice in writing to you.

16  Term Provisions

16.1       The BCA will start and end as set out in your BCA.

16.2       The BCA will automatically rollover to another 12 month agreement unless written notice is received by either Party more than 30 days prior to the Agreement End Date as set out in your BCA.

16.3       If we provide a BCA to you and you then engage us to do work then you have accepted the agreement and all its terms even though you haven’t signed and returned to us the completed BCA.

16.4       ‘geezit Cloud Services’ or ‘geezit Managed Products’ Agreements will start and end as set out in your ‘geezit Cloud Services’ or ‘geezit Managed Products’ quote.

16.5       ‘geezit Cloud Services’ or ‘geezit Managed Products’ Agreements will automatically rollover to another 12 month agreement unless written notice is received by either Party more than 30 days prior to the Agreement End Date as set out in your ‘geezit Cloud Services’ or ‘geezit Managed Products’ quote.

16.6       If we provide a ‘geezit Cloud Services’ or ‘geezit Managed Products’ quote to you and you either start using or continue to use this service or product then you have accepted the agreement and all its terms even though you haven’t signed and returned to us the completed quote.

17  No representation or reliance

17.1       You acknowledge that neither we nor any person acting on behalf of us has made any representation or other inducement to you to enter into the BCA, except for representations or inducements expressly set out in these Conditions.

17.2       You acknowledge and confirm that you do not enter into the BCA in reliance on any representation or other inducement by or on behalf of us, except for representations or inducements expressly set out in these Conditions.

17.3       Without limiting the generality of clauses 17.1 and 17.2, you understand and hereby confirm that:

(a)   your decision to enter into the BCA was, and is, not based on any promise, representation, statement, warranty or undertaking made or given by us or any person on our behalf in relation to the capacity, uses or benefits that might or would be derived or obtained from the goods or services, except as expressly set out in these Conditions, and

(b)   you have relied on your own skill and judgement in deciding to purchase and acquire the goods and services.

 

18  Entire Agreement

18.1       To the extent permitted by law, in relation to its subject matter, these Conditions:

18.1.1     embody and constitute the entire legal and contractual relationship of the Parties, including the entire terms agreed by the Parties; and

18.1.2     supersede, replace and terminate by mutual consent any prior written or oral representations, negotiations, understandings, agreements or contracts between the Parties.

19  Governing law

 19.1       This Agreement is governed by and must be construed according to the law applying in New South Wales. The Parties hereby irrevocably submit to the jurisdiction of the courts of New South Wales.

Fair Use Policy – ModernOffice Support Plan

This Fair Use Policy applies to ModernOffice Support Plan. It allows us to offer generous Included Remote Support (phone and email) remote support to customers who make a normal amount of usage of the service. To do this we have to restrict people who use the service excessively.

To ensure the enjoyment and availability of ModernOffice Support Plan to all our eligible customers, we have introduced this policy to make sure everyone gets a fair-go. We have designed ModernOffice Support Plan to be generous, but we do not want it to be abused.

 If we think your account shows an excessive usage, we may at our discretion refuse you access to ModernOffice Support Plan.

To ensure we do not unreasonably restrict our Customers, these steps will be followed if we consider an account to be showing excessive use:

  • Month 1: geezit may contact individual Customers identified as exceeding two (2) times the average usage of all ModernOffice Support Plan customers, to discuss their usage requirements. Where a peak in usage occurs but is not expected to continue, no alternative arrangements are necessary.
  • Month 2: If the excessive usage continues in a second month, a second contact may be made to discuss an alternative plan.
  • Month 3: If the excessive usage continues into the third month, the Customer may be informed that ModernOffice Support Plan will no longer be available to them.

Excessive Use

For the purposes of this fair use policy, excessive use is a continuing and unreasonably disproportionate use of the service when compared to other users. In the case of ModernOffice Support Plan, remote/phone/email support use in excess of two (2) times the average usage of all ModernOffice Support Plan customers on the same plan is considered excessive use.

Unreasonable Use

We consider your use of ModernOffice Support Plan to be Unreasonable Use if your use of ModernOffice Support Plan is considered fraudulent by geezit or to adversely affect another customer’s use of ModernOffice Support Plan.

Where we consider your use of ModernOffice Support Plan Included phone/remote/email support to be Unreasonable Use, then we may suspend your access to ModernOffice Support Plan immediately, without notice to you.

‘Included Remote Support’ Excluded Items

If any of the following services or goods are provided then they fall outside of the ‘Included Remote Support’ and will be chargeable in addition to the ‘Agreement Cost per Month’ and the customer will be liable for these charges.

 The following items are NOT included in the ModernOffice Support Plan ‘Included Remote Support’:

      • Afterhours Support;
      • Any type of Project Work;
      • Network Upgrades – this is classified as Project Work;
      • Server Upgrades – this is classified as Project Work;
      • Server Installations – this is classified as Project Work;
      • Software Rollout / Install Across Network / Organisation – this is classified as Project Work;
      • Network Reconfiguration – this is classified as Project Work;
      • Network Documentation – this is classified as Project Work;
      • Network Audits – this is classified as Project Work;
      • Software / License Audits – this is classified as Project Work;
      • Disaster Recovery Planning – this is classified as Project Work;
      • Disaster Recovery Testing – this is classified as Project Work;
      • Data Recovery – including recovery of data from backups;
      • Server Data Recovery – including recovery of data from backups;
      • Server Rebuilds – including recovery of data from backups;
      • Work From Home Setup and Configuration – this is classified as Project Work;
      • Work From Home Network Support – as the home network is not covered by Agreement;
      • Computer / PC / Laptop / Workstation Rebuilds – including recovery of data from backups;
      • New Computer Setup – as machine is not covered by Agreement;
      • New Server Setup – as machine is not covered by Agreement;
      • New User Setup – as user is not covered by Agreement;
      • Office Relocations – this is classified as Project Work;
      • Office Moves – this is classified as Project Work;
      • Office Setups – this is classified as Project Work;
      • Office Reconfiguration – including the moving and re-setup of Servers / Workstations / Laptops / Docks / Monitors / Network Equipment / Desks / any other IT Hardware – this is classified as Project Work;
      • Onsite Support work beyond included Onsite Support Hours;
      • Hardware, software, parts and equipment;
      • geezit Cloud Services or geezit Managed Products.