1. The Basics
1.1. Who we are: We are The IT Dept Pty Ltd (ABN: 12 665 405 505). In this document, we're referred to as "we", "us", or "Provider".
1.2. Who you are: You are the customer identified in the Order Form. You're referred to as "you" or "Customer".
1.3. What this covers: This Master Services Agreement (MSA) sets the baseline rules for all services we provide to you. Specific details for products (like IP Transit or NBN) are in their respective Service Schedules.
1.4. How it works: The hierarchy of documents is:
- Order Form (The specific deal we signed)
- Service Schedules (The technical rules for that product)
- This MSA (The general legal terms)
- Acceptable Use Policy (The rules of the road)
If there's a conflict, the document higher up the list wins.
2. Services & Term
2.1. Provisioning: We'll do our best to get your services up and running by the estimated delivery date, but sometimes things like NBN appointments or fibre builds cause delays. We'll keep you in the loop.
2.2. Contract Length: Your contract starts when the service is active (Service Start Date).
- Month-to-Month: You can cancel anytime with 30 days' notice.
- Fixed Term (e.g., 12/24/36 months): You're committed for that period. If you cancel early, you'll need to pay out the remaining months (Early Termination Fee).
2.3. Renewal: After a fixed term ends, your service automatically rolls over to a month-to-month arrangement at the current market rate, unless we agree to a new fixed term.
3. Money Matters
3.1. Invoicing: We bill monthly in advance for fixed charges (like your port fee) and in arrears for usage charges (like phone calls or excess data).
3.2. Payment Terms: Invoices are due within 14 days. We prefer Direct Debit or Credit Card.
3.3. Late Payments: If you're late, we might charge a late fee or interest. If you're really late (more than 30 days), we may suspend your service. We'd rather not, so please talk to us if you're having cashflow issues.
3.4. CPI Increases: We try to keep prices stable, but we reserve the right to adjust pricing once per year in line with the Consumer Price Index (CPI) or if our upstream costs (like NBN Co CVC charges) increase significantly. We'll give you 30 days' notice.
4. Your Responsibilities
4.1. Be Nice: You must use our services lawfully and in accordance with our Acceptable Use Policy (AUP). Don't hack, spam, or host illegal content.
4.2. Security: You are responsible for the security of your own network and equipment. If your PBX gets hacked and makes $10,000 worth of calls to Latvia, you are liable for those charges. Secure your passwords and firewalls!
4.3. Equipment: If we loan you hardware (like a router), it remains our property. If you lose or break it, you'll need to pay for a replacement.
5. Our Responsibilities
5.1. Service Quality: We promise to provide services with due care and skill. We aim for high uptime, but unless you have a specific SLA (Service Level Agreement) in your Service Schedule, we don't guarantee 100% availability.
5.2. Maintenance: We need to maintain our network. We'll try to give you at least 48 hours' notice for planned outages and schedule them during low-traffic windows (usually 2am - 6am). Emergency maintenance might happen without notice.
6. Liability & Indemnity
6.1. Liability Cap: If we screw up and cause you a loss, our total liability to you is capped at the equivalent of 3 months' service fees.
6.2. No Consequential Loss: We are not liable for "indirect" losses. This means if your internet goes down and you lose a big trading deal, we'll fix the internet and credit you for the downtime, but we won't pay for the lost deal.
6.3. Indemnity: You agree to cover us if your use of our service gets us sued (e.g., if you host copyrighted material and the copyright owner sues us).
7. Termination
7.1. By You: You can cancel services via our portal or by emailing support. Remember the notice periods in section 2.2.
7.2. By Us: We can terminate this agreement if:
- You fail to pay bills.
- You breach the AUP materially.
- You become insolvent.
8. General Stuff
8.1. Privacy: We handle your data according to our Privacy Policy. We don't sell your data.
8.2. Governing Law: This agreement is governed by the laws of New South Wales, Australia.
8.3. Assignment: You can't transfer this agreement to someone else without asking us first. We can transfer it (e.g., if we buy another company or get bought) but we'll let you know.