Terms & Conditions

Terms and Conditions of Service

Effective Date: 07 March 2025

1. Introduction

These Terms and Conditions (the "Agreement") govern the provision of IT Managed Services (the "Services") by Tech Hub Australia Pty Ltd (the "Company", "We", "Us", or "Our") to the Client (the "Client", "You", "Your"). By engaging our Services, the Client agrees to be bound by these Terms and Conditions.

The Services provided by Tech Hub Australia Pty Ltd are compliant with the standards required for the National Disability Insurance Scheme (NDIS), as well as the relevant Australian laws and regulations, including those in New South Wales (NSW).

2. Services Provided

We offer a range of IT services to businesses, including:

Managed IT Support: 24/7 remote and on-site support, help desk assistance, and IT infrastructure management.
Cloud Services: Setup and management of Microsoft 365, Google Workspace, Azure, and other cloud platforms.
Cybersecurity Services: Real-time monitoring, endpoint protection, vulnerability management, and risk assessments.
Data Backup and Recovery: Cloud-based and on-premises backup solutions to ensure data integrity.
Network Solutions: Design, deployment, and management of secure networks.
IT Procurement: Hardware and software sourcing, as well as lifecycle management.

3. NDIS Compliance

In accordance with NDIS requirements, we understand the importance of ensuring that services provided to NDIS providers meet the necessary compliance and security standards. Our services ensure that:

We uphold the principles of accessibility, quality, and safety for NDIS participants.
Our staff are trained to work with NDIS providers and understand the specific needs of individuals with disabilities.
All services comply with the NDIS Practice Standards and the NDIS Code of Conduct.
We implement necessary safeguards to protect the privacy and confidentiality of NDIS participants.

4. Service Level Agreement (SLA)

Our Service Level Agreement (SLA) outlines the specific terms for the response time and resolution times for the IT support we provide.

Response Time:
- Critical/High Priority Issues: 1 hour
- Medium Priority Issues: 4 hours
- Low Priority Issues: 24 hours
Resolution Time:
- Critical/High Priority Issues: 4 hours
- Medium Priority Issues: 2 business days
- Low Priority Issues: 5 business days

5. Reimbursement/Repayment Policy

If our service fails to meet the SLA or if there is a service disruption caused by the Company that impacts the Client’s business operations, the Company agrees to provide compensation or credit towards future services, based on the following conditions:

Service Downtime: If the Client’s system is down due to the Company’s failure to meet the SLA, we will offer a credit towards future services at a rate of 10% of the monthly service fee for each hour of downtime, subject to a maximum of 50% of the monthly service fee.
Claim Process: To initiate a claim for reimbursement, the Client must provide a written notice to the Company within 5 business days of the downtime event. All claims will be reviewed and assessed based on the specifics of the case.

6. Payment Terms

Billing: All services are billed on a monthly/quarterly basis. Invoices will be sent at the start of each billing cycle.
Late Payments: Payments are due within 14 days from the invoice date. Late payments may be subject to a 2% monthly late fee or the Company may suspend services until payment is received.
Refunds: Refunds are not generally provided unless the Service is proven to be incomplete or inadequate, in accordance with the Company's reimbursement policy.

7. Confidentiality and Data Protection

Confidentiality: Both parties agree to keep confidential any proprietary or confidential information shared during the course of this Agreement. This includes any business data, client data, and personally identifiable information of the NDIS participants.
Data Protection: The Company is committed to ensuring the security of the Client’s data. We adhere to all applicable data protection laws and regulations, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

8. Term and Termination

Term: This Agreement begins on the Effective Date and remains in effect until terminated by either party.
Termination by Client: The Client may terminate this Agreement by providing 30 days’ written notice.
Termination by Company: The Company may terminate this Agreement immediately if the Client violates any terms of this Agreement, including non-payment or misuse of the Services.

9. Limitation of Liability

The Company’s liability to the Client, whether in contract, tort, or otherwise, shall be limited to the amount paid by the Client for the Services during the 3-month period immediately preceding the event giving rise to the claim.

10. Dispute Resolution

Any disputes arising from this Agreement shall be first resolved through mediation.
If mediation fails, disputes will be resolved under the laws of New South Wales, Australia.

11. Force Majeure

The Company will not be liable for failure or delay in performance of its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to natural disasters, technical failures, strikes, and other unforeseen events.

12. Indemnity

The Client agrees to indemnify and hold harmless the Company, its employees, agents, and contractors from any claims, damages, or losses arising from the Client's negligence or violation of this Agreement.

13. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia.

14. Amendments

The Company may amend or update these Terms and Conditions at any time, with changes taking effect as of the date of posting on the Company’s website.

Acknowledgment

By using our Services, the Client acknowledges and agrees to these Terms and Conditions.