Terms and Conditions

By using our services, you agree to the Terms and Conditions outlined below

Last Updated 2 December, 2024

AGREEMENT TO OUR LEGAL TERMS

We are Solve My IT (‘we’, ‘us’, ‘our’) and are a business registered with the Australian Securities & Investments Commission, ABN 32590953840.

We operate the website https://www.solvemyit.com.au (the ‘Site’), as well as any other related products and services that refer or link to these legal terms (the ‘Legal Terms’) (collectively, the ‘Services’).

You can contact us by email at support@solvemyit.com.au or by contact form located at www.solvemyit.com.au/contact-us. Our registered postal address for any correspondence is PO Box 100, Taylors Lakes, Victoria, 3038.

These Legal Terms constitute a legally binding agreement made between you , whether personally or on behalf of an entity (‘you’), and Solve My IT, concerning your access and use of these Services. You agree that by accessing the Services, you have read, understood, and agree to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by admin@solvemyit.com.au, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

1.    Our Services

The information provided when using the Services is not intended for distribution to use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. According, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to extent local laws are applicable.

Solve My IT offers the following key services that these general terms and conditions apply to:

  • IT Managed Services
  • IT Support On-Demand
  • Website Hosting
  • Web Design and Website Managed Services

Where applicable, additional terms and conditions may apply, or specific general terms and conditions do not apply. When this is the case, this will be specified in individual contracts with users who engage in our Services.

2.    Definitions and Interpretations

In these Conditions, the Rate Schedule and every Quote, Order, Plan contract, or other arrangement in connection with the supply of Goods or Services by Solve My IT the following words have the following meanings:

“After Hours” means from Monday to Friday, 5:01pm to 11:00pm and Saturday to Sunday 10:00am to 4:00pm (Australian Eastern Standard Time)

“Business Hours” means from Monday to Friday, 8:30am to 5:00pm (Australian Eastern Standard Time)

“Client”, “You” or “Your” means a person who seeks or obtains a quote for, or who orders, Goods or Services from Us, and includes both a person whose name is on the Order or on an email attached to which is an order, a person who places an order, and a person on whose behalf an Order is placed or on whose behalf it appears and order is placed, and in any case each of their heirs, successors and assigns;

“Conditions” means these terms and conditions;

“Goods” means any goods and/or services sourced by Us or provided by Us in connection with any such goods and/or services including computer hardware and Software and any goods or services provided in connection with any of those things;

“GST” has the meaning given to it under A New Tax System (Goods and Services Tax) Act 1999 (Cth)

“Order” means any order requested by You to Us for Goods or Services in any form;

“Quote” means a quote provided to You by Us;

“Period” means a particular number of half-days, days, weeks, fortnights, months, or any other period, as may be agreed between Us and the You as the period during which some Services will be provided;

“Plan” means any arrangement between Us and You (whether alone or in conjunction with any other person) for Services (including unlimited support) and/or the provision of Goods provided by Us under an arrangement in connection with Work agreed to be done or progressed for or on behalf of You or any other person at Your request, including as set out in a Plan Schedule;

“Plan Schedule” means the key terms applicable to Plans as set, and as may be varied by Us, from time to time in its absolute discretion without notice to You;

“Public Holidays” means any day which is a public holiday throughout the state of Victoria or an Australian National Public Holiday;

“Rates” means the hourly rates and other charges for Services (including any call-out fees and any Return/Cancellation Fees) set out in the Rates Schedule, a Plan, Plan Schedule, Quote, contract or arrangement entered into by Us and You or in these Conditions, and includes any monies payable to Us on a quantum meruit basis for any work it has done;

“Rate Schedule” means the schedule of rates, charges and conditions for the services of Ours as set, and as may be varied, by Us from time to time in its absolute discretion without notice to You;

“Reasonable Assistance Limits” has the meaning set out in clause 15.2; 

“Return/Cancellation Fee” means a fee charged pursuant to clause 11.5 as set by Us from time to time;

“Service request” means a request for service such as adds, moves, changes and technical assistance;

“Services” means the provision of any services by Us including Work, advice and recommendations;

“Software” includes software and any installation, update, associated software and any services provided in connection with any of these things;

” Us”, “Our” or “We” means Solve My IT, ABN 32590953840 and its heirs, successors and assigns; and

“Work” means anything We may do, provide, customise, produce or acquire, whether or not in connection with, or for the purposes of, You or Your use or benefit, and includes testing, troubleshooting, installation and configuration of new equipment or software, consulting, scoping, planning, documenting and quoting for complex items.

In these Conditions, the Rate Schedule and every Quote, Order, Plan, contract, or other arrangement in connection with the supply of Goods or Services by Us, unless the contrary intention appears:

Words denoting the singular number only shall include the plural number and vice versa;

Reference to any gender shall include every other gender;

Reference to any Act of Parliament, Statute or Regulation shall include any amendment currently in force at the relevant time and any Act of Parliament, Statute or Regulation enacted or passed in substitution therefore;

Headings and words put in bold are for convenience of reference only and do not affect the interpretation or construction of these Conditions;

All references to dollars ($) are to Australian Dollars (AUD)

A reference to time is to Melbourne, Australia Time (AEST)

A reference to an individual or person includes a corporation, partnership, joint venture, association, authority, trust, state or government and vice versa;

A reference to a recital, clause, schedule, annexure or exhibit is to a recital, clause, schedule, annexure or exhibit of or to these Conditions;

A recital, schedule, annexure or description of the parties forms part of these Conditions;

A reference to any agreement or document is to that agreement or document (and, where applicable, any of its provisions), as amended, novated, supplemented or replaced from time to time;

Where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;

A reference to “includes” means includes without limitation;

A reference to “will” imports a condition not a warranty; and

A reference to bankruptcy or winding up includes bankruptcy, winding up, liquidation, dissolution, becoming an insolvent under administration, being subject to administration and the occurrence of anything analogous or having a substantially similar effect to any of those conditions or matters under the law of any applicable jurisdiction and to the procedures, circumstances and events which constitute any of those conditions or matters.

3.    Applications of these Conditions

Unless otherwise agreed by Us in writing, these Conditions are deemed incorporated in and are applicable to (and to the extent of any inconsistency will prevail over) the terms of every Quote, Order, Plan, contract, or other arrangement in connection with the supply of Goods and/or Services by Us to You.

The invalidity or enforceability of any one or more of the provisions of this Agreement will not invalidate, or render unenforceable, the remaining provisions of this Agreement.

4.    Notices

Any notices given under the Conditions shall be in writing and sent by email to the last notified email address of Yours.

5.    Assignment

You may not assign Your rights and obligations under this Agreement without the prior written consent of Us.

6.    Variation of these Terms and Conditions

We may at any time vary these Terms and Conditions by publishing the varied Terms and Conditions on Our website. You accept that by doing this, We have provided You with sufficient notice of the variation. Whilst we are under no other obligation to notify You of any variation of these Terms and Conditions, We will make every reasonable effort to provide you with notice via email to your provided email address.

7.    Intellectual Property Rights

We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the ‘Content’), as well as the trademarks, service marks, and logos contained therein (the ‘Marks’).

Our Content and Marks are provided in or through the Services ‘AS IS’ for your personal, non-commercial use or business purpose as per your signed contacted engagement with us.

Your use of our Services

Subject to your compliance with these Legal Terms, including the prohibited activities defined below, we grant you a non-exclusive, non-transferrable, revocable license to:

  • Access the Services; and
  • Download or print a copy of any portion of the Content to which you have properly gained access.

Soley for your personal, non-commercial use or business purpose, unless specified for your business purpose as outlined in your contract with us.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without or express prior written permission.

If you wish to make use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to support@solvemyit.com.au. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your rights to use our Services will terminate immediately.

Copyright infringement

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the Copyright Infringements section 11 below.

Intellectual Property Ownership

When contracting us to design a website for you, unless specified to the contrary in your contract with us, Solve My IT will own all elements of the design, code, and other assets during the project. At the closure of the project full ownership of the design outlined in the contract will be transferred to you once final payment has been received. We may retain rights to reusable components to common elements of a design unless specified otherwise in the contract.

8.    User Representations

By using the Services, you represent and warrant that:

  1. All registration information you submit will be true, accurate, current, and complete.
  2. You will maintain the accuracy of such information and promptly update such registration information or notify us to update such registration information, as necessary.
  3. You have the legal capacity, and you agree to comply with these Legal Terms.
  4. You are not a minor in the jurisdiction in which you reside and have the legal capacity to enter into such agreement.
  5. You will not access the Services through automated or non-human means, whether through a bot, script or otherwise.
  6. You will not use the Services for any illegal or unauthorised purpose.
  7. Your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account as appropriate and refuse any and all current or future use of the Services (or any portion thereof).

You acknowledge that no employee or agent of Ours has any right to make any representation, warranty or promise in relation to the supply of Goods or Services other than subject to and as may be contained in the Conditions.

Managed IT Services and Provisioning of Goods

9.    Quotes

  • Term and effect: Quotes will only be valid for 14 days unless otherwise specified in the Quote. A Quote is merely an invitation to You to place an Order with Us and the acceptance of a Quote by You will not create a binding contract between You and Us.
  • Quote is valid for 7 days only. Expiry dates on quotes are set to be able to inform Us when the quote is still active or to be discarded. Once discarded the quote will need to be requested again.
  • Once a quote has been confirmed by Us, then the prices in the quote will be confirmed as the final agreed price. A quote is confirmed as ‘final’ as soon as both parties agree with the final price after any last changes requested by You.
  • The price in the final quote may vary from the original request if there is any price or product changes requested by You. We reserve the right to alter product and prices in the quote, as long as the quote has not been confirmed with You.
  • Quotes and estimates shall be deemed to correctly interpret the original specifications and are based on the cost at the time the quote or estimate is given. If You later require any changes to the quotes, and We agree to the changes, these changes will be charged at Our prevailing rate.
  • Once the Quote has been confirmed and converted to an Order, the Order will be subjected to our normal Terms and Condition of Sale.
  • The general minimum turnaround time for Quote request to be actioned is usually 24 hours. In the event that a quote is required urgently please let us know so that we can respond to it accordingly.
  • When a special price or discount offer has been applied to this Quote, no other special promotion, discount or bonus offer will be applicable.
  • In the event that products in the Quote are subjected to any price and supply fluctuations that is outside of Our control We reserve the right to update the price and product in the Quote accordingly. If a product has undergone a price drop or a price increase, the Quote will then be adjusted accordingly. If there is a product that is no longer available, the product will then be replaced or substituted based on Your request and is subject to Your final approval.
  • Price on non-stocked products are subjected to Price and stock fluctuations and can only be confirmed once the Quote is turned into an Order. While We endeavour to honour every price quoted, if there is a price increase that is beyond our control, We reserve the right to increase the price as necessary.
  • Once a Quote has already passed the expired date, We may cancel the quote or estimate without having to notify or receive an approval from You.
  • ETA information is based on an estimate given by our vendors and cannot be held as the actual promised date.
  • Freight charges will be added to the Order unless otherwise stated. Any included delivery charges are estimates only.
  • We do not keep inventory and as such only order items once we receive a completed order from a client. If You would like to return an item or cancel an order, a restocking fee may apply. We will need to get approval from the distributor that the stock is returnable before being able to issue a refund as not all products can be returned.
  • Prices are based upon total Quote Purchase.
  • Unless specified, all items on quote are covered by manufacturer’s warranty covering parts and labour for hardware only on a return to depot basis.
  • Varying or withdrawing Quotes: We may vary or withdraw a Quote at any time in Our absolute discretion and without prior notice to You. We may do so for any reason We consider fit, including, e.g. where the Goods or Services become unavailable, or the cost price of Goods or Services increases after the date of the Quote.

10.             Orders

  • Order forms: You may place an Order for Goods and/or Services with Us.  Normally, We will require that You provide either a completed Order form or You approve the quote electronically via either an email or a web based system with the date and Your details, including Your full legal name or description and any applicable ABN or ACN number (including the full name or description of any person on whose behalf the order is placed), Your address together with any relevant Quote number and date. 
  • Approval of Orders: You will need to sign the Order or have it duly executed on Your behalf, unless the Order is sent by email or via the web based ordering system, in which case the Order will be treated or deemed as if signed by or on behalf of You by the person whose name appears as the sender of the email or submitter of the form.
  • Reliance on appearance of validity: Absent actual knowledge to the contrary, We may rely upon the apparent validity of an Order. If any Order is signed or sent by email or approved through the web based ordering system by a named person, that person warrants that the Order is, and it is acknowledged the Order is deemed in favour of Us to be:
    • signed by, and duly authorised by, both the person who signed the Order and the person who sent the email; and
    • duly authorised by the person on whose behalf the Order is placed or apparently placed.
  • Acceptance and Orders: An Order has no effect unless or until it is accepted by You in writing and, until We have received from You payment in clear funds for the Order and any related freight, delivery and (where applicable) in-transit insurance costs in clear funds.
  • No obligation to deliver: We are not obliged to deliver any Order until we have received payment in clear funds from You for the Order, any related freight, delivery and (where applicable) in-transit insurance costs or where We are unwilling or unable to complete the Order for any reason provided it refunds any payment made by You in respect of the Order.
  • Credit checks: For the purposes of ascertaining the credit standing or history of a prospective customer to whom We are considering extending credit or payment terms, You hereby consents to Us undertaking a credit reference check in respect to You.
  • Cancellation of Orders: You will not cancel an Order unless We agree to do so in writing in Our absolute discretion. You acknowledge that, amongst other things, We cannot cancel an Order once the manufacturer or supplier has despatched the relevant Goods and that such despatch often occurs the same day as the Order is placed by Us.
  • Processes and Procedures: We have processes and procedures that We follow in the course of the provision of Our Services and the supply of Goods. You agree to co-operate with Us and to comply with such processes and procedures as advised to You from time to time.

11.             Pricing and Rates

  • Rates exclude Tax: All rates and amounts charged or quoted for Goods and/or Services by Us are exclusive of Tax and any other applicable taxes or government charges (unless otherwise stated in writing by Us).
  • Rates Schedule: You must pay for Goods and Services at the Rates set out in any applicable Plan and the Rate Schedule as applicable from time to time during the provision of the Goods and/or Services.
  • Vary Rates: We reserve the right vary any Rate and/or the Rate Schedule from time to time (subject to any fixed pricing for specific periods in any Plan), in its absolute discretion and without notice to You.
  • Call-out fees: You acknowledge that call-out fees may be charged in addition to the Rates at Our absolute discretion and that the amount of the call-out fee will depend upon where the Services are provided.
  • Return/Cancellation Fee: Where We arrange a return or refund on behalf of You, or where an Order is cancelled by You after acceptance by Us, We may charge You a Return/Cancellation fee to cover the administration costs to Us in processing the return or refund, or in processing the Order, the cancellation and any refund. We may deduct the Return/Cancellation fee from out of any moneys otherwise due to be refunded to You by Us.
  • Expenses: You must pay any out of pocket expenses incurred by Us in providing the Services to You in addition to the Rates, charges and call-out fees, upon written demand. Such expenses will include travel costs, flights, car hire, petrol, insurance, taxi fares, accommodation and related meal allowance, tolls and car parking expenses. Where appropriate, We will obtain prior written authorisation from You before such expenses are incurred.
  • Separate charges for Goods and Services: We may in Our absolute discretion charge for Goods separately from Services or may charge for Goods and Services together.
  • Calculation of increments: Where a charge is calculated based on increments of time, e.g. 1 hour or 30 minutes, We will charge the applicable rate for the whole increment of time even if work is done during part of, but not for the whole of, that increment of time. 
  • Change in underlying costs: Without prejudice to any other rights of Ours under these Conditions, where there is any increase in the underlying costs incurred by Us in connection with the supply of Goods or Services to You, We may, in our absolute discretion, vary any of Our Rates.
  • Pre-Paid Blocks of Service: Where You agree to buy Pre Paid Blocks of Service during a Period, payment must be made in advance for the Pre-Paid Blocks of Service at the rate applicable pursuant to the Rates Schedule for all Services. Each such rate being less any discount agreed in writing between Us and You in respect of the Pre-Paid Blocks of Service. Services included in a Pre-Paid Block of Service rate during the Period:
    • are calculated in accordance with the applicable minimum time periods and increments set out in the Rates Schedule; and
    • are only provided by Us during the applicable Period. Where Services are provided for a specified Period:
    • the Services remaining unused for that Period cannot be rolled over into any subsequent Period; and
    • We are not liable to refund, re-imburse, pay damages or otherwise compensate or indemnify You in respect of those unused Services.

12.             Services and Plans

  • Service and Plan Variations: Currently, We offer the Services and Plans referred to in the Rates Schedule and any Plan Schedule. We may withdraw the provision of, or vary the scope or terms of, or add to or change, the Services without notice to You, from time to time in Our absolute discretion.
  • Copies on Request: We will provide You with a copy of the current Rates Schedule upon request. Plan Schedules are tailored for particular Plans and are available to Clients participating in the Plan.

13.             Contracting

We may subcontract any or all of the Services performed but shall retain the prime responsibility for the Services under these terms.

14.             Returns and Claims for Goods and Services

  • General Returns Policy: Notwithstanding anything in these Conditions, You acknowledge that We supply Goods subject to all applicable conditions, including returns and claims policies, of any relevant manufacturer or supplier. You will accept Goods subject always to these Conditions and the terms of such conditions and will indemnify and hold Us harmless in respect of any further or other obligation or any failure or default on the part of that manufacturer or supplier.
  • Customised Goods not returnable: Where Goods have some element of customisation for You, are supplied pursuant to an Order for Goods that is in the opinion of Ours special or unusual, the Goods are obtained from overseas, the Goods are obtained from a supplier who is no longer trading, or the Goods are otherwise not readily returnable by Us to the manufacturer or supplier or any related services may not be cancelled, You may not return the Goods to Us or cancel the related services.
  • Duty to inspect: You will inspect all Goods immediately upon their delivery. Within 7 days of such delivery You may give written notice to Us of any matter or thing, by reason of which You might wish to return the Goods, ask for a refund, or make a claim. If no such notice is given on time, You will accept the Goods without any such return, refund or claim.
  • Return Condition: Where You are entitled to return Goods under these Conditions, You must return the Goods in their original condition and unopened, provided always that where, upon opening the packaging it becomes apparent that the Goods are different to what is described on the packaging or that the Goods are faulty, the Goods may be returned.
  • Return costs: You will pay all costs and expenses incurred by Us in arranging the return of the Goods to a manufacturer or supplier and/or the cancellation of any related services unless that manufacturer or supplier pays such costs.
  • Consequences of use, installation, customisation or sale: You will indemnify and hold Us harmless in respect of all allegations and claims in respect of Goods once such Goods have been used, installed, customised or re-sold by You (without prejudice to the recourse of such a customer to the manufacturer of the Goods).

15.             Computer Utility, Functionality, and Fitness for Purpose

  • Service limitations given the science of computing: You acknowledge that a reasonable incident of the Services may involve trial and error and that it is a science applied often in novel or unknown circumstances and involving experiment. In particular, You acknowledge that the Services may involve tests, troubleshooting, advice and recommendations that may prove incorrect or inappropriate, particularly in an attempt to cure a problem You are having. While We will make what We consider (in Our absolute discretion) to be all reasonable endeavours to provide appropriate tests, troubleshooting, sound advice and good recommendations in order to assist You, You will always indemnify and hold Us harmless in the provision of our Services to You.
  • Reasonable Assistance Limits: We are only obliged to provide what We consider, in Our absolute discretion, to be reasonable assistance in the circumstances (including with the installation and customisation of new software or hardware for You or any other Work) under any Plan and You will pay for additional work at the Rates unless otherwise agreed. Without limiting the discretion of Us to determine what reasonable assistance is, normally, reasonable assistance is limited to work done during Business Hours over a period of time not exceeding any period that We have allowed or allows for the Work or has estimated or estimates the Work will take, whether or not notice of the time allowed or estimated is given by Us to You.
  • Recommendations, suitability, functionality and fitness for purpose: The parties acknowledge that:
    • We may recommend that You purchase Goods provided by third parties from time to time;
    • Recommendations may be made in situations where You have made known to Us the purpose for which the Goods will be used or some function sought to be fulfilled;
    • You acknowledge that We have no control over many factors involved with the suitability, function or fitness for purpose of Goods in an existing or new computer environment, e.g.
      • the compatibility or ability of the Goods to fit into or perform to expectations in the receiving computer/internet environment; or
      • the behaviour of third-party supplier, e.g. in relation to support;
    • You acknowledge that for a whole number of reasons outside of Our control, the Goods may fail to meet Your expectations, may not turn out to be fit for all or any of the purposes sought, may not be suitable or may not function properly in all or any respects;
    • You acknowledge that the Services provided by Us may involve the very task of seeking to customise Goods so they may be fit for particular purposes and that customisation may be a very substantial project in itself;
    • Accordingly, You will accept the sole responsibility for, and indemnify and hold Us harmless in respect of:
      • decisions as to whether or not to follow recommendations by Us;
      • decisions as to whether or not to purchase or customise Goods or obtain Services for that or any other purpose; and
      • any failure or defect in suitability, function or fitness for purpose of any Goods and/or Services, including a responsibility to obtain Your own independent advice or second opinion from a suitably qualified person;
    • Where We provide Services with a view to achieving Your purposes, suitability, function or fitness for purpose (whether expressed, agreed or otherwise), You must pay for those Services on time without any set-off or counter-claim, whether or not We are able to achieve any of such purposes, suitability, function or fitness for purpose, provided always that We have acted in good faith and have made what We consider, in Our absolute discretion, to have made all reasonable endeavours to achieve those outcomes.
  • Testing Procedures: You will follow the instructions of Ours with regard to testing or troubleshooting any problems and that if those do not resolve the outstanding problems, We will, subject to these Conditions, allocate such resources as We consider reasonable in the circumstances towards their resolution.

16.             Product Specifications

Alterations to Specifications: We make every effort to supply the Goods in accordance with the Order however We may supply alternate Goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer of the Goods after the Order date and before delivery.

Substitute Goods: If We cannot supply the Goods ordered by You, We may supply alternate Goods of equal or superior quality provided however that You will not pay a higher price than the price Quoted or otherwise agreed for the Goods ordered.

17.             Warranties

Reliance on Manufacturer’s Warranty: You will rely on the warranties provided by the manufacturer of Goods supplied by Us (where applicable) and will deal direct with such manufacturer rather than Us for all claims covered by such warranties.

No claim for manufacturer’s default: You indemnify and hold Us harmless in respect of the performance or otherwise, by any manufacturer of Goods supplied to You by Us, of any of the obligations of such manufacturer in respect of such Goods. This includes any damages or moneys due to You arising under, or in connection with, any breach by the manufacturer of any the manufacturer’s warranties in respect of the Goods.

18.             Liability

  • Exclusion: Except as specifically set out herein and so far as may be permitted by law, any term, condition or warranty in respect of the quality, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Goods or Services, whether implied by statute, common law, trade usage, custom or otherwise, is hereby expressly excluded.
  • No liability for program or data loss: You indemnify and hold Us harmless in respect of any allegation, claim, loss or expense of Yours or any third party for any program or data loss or damage suffered by You or that third party arising directly or indirectly from the supply of the Goods or Services by Us to You. You acknowledge You are solely responsible for backing up Your programs and data in order to mitigate Your own potential loss of programs and data.
  • Limit on consequential damage: You indemnify and hold Us harmless in respect of any allegation or claim as to any indirect or consequential losses or expenses suffered by You or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to You or any third party.
  • Limit on damage from a failure in supply: You indemnify and hold Us harmless for any allegation or claim for loss or damage by You or a third party where We have failed to meet any delivery date or cancels or suspends the supply of Goods or Services.
  • General limit on liability: Except as otherwise expressly stated in these terms and conditions, We are not liable for any loss or damage of any kind however caused (including, but not limited to, by the negligence of Us) which is suffered or incurred by You in connection with:
    • Goods or Services provided to You or any Work;
    • these Terms and Conditions;
    • Your use of Our website (including the use of a credit card or other debit device) or any linked website;
    • the non-availability of Goods or Our Services for any reason;
    • any act or omission of Ours or the provision of inaccurate, incomplete or incorrect information by You, or
    • for any other reason whatsoever.
  • Limitation options: To the extent that any legislation implies a condition or warranty that cannot be excluded but can be limited, clause 5 does not apply to that liability and Our liability for any breach of that condition or warranty is limited to Our doing any one or more of the following (at its election):
    • replacing the Goods or supplying equivalent Goods, Services or Work;
    • repairing the Goods or the Work;
    • paying the cost of replacing the Goods or the Work or acquiring equivalent Goods, Services or Work; or
    • paying the cost of having the Goods or the Work repaired.
  • Laws still apply: Nothing in these Conditions is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the supply of the Goods or Services which cannot be excluded, restricted or modified.
  • Severance: If any provision contained in the Conditions is unlawful, invalid or unenforceable, those provisions may be severed without prejudice to the validity and enforceability of the remaining provisions of the Conditions.

19.             Errors and Omissions

We make every effort to ensure that all prices and descriptions quoted are correct and accurate. In the case of an error or omission, We may rescind the affected contract by written notice to You, notwithstanding that We have already accepted Your Order and/or received payment from You. Our liability in that event will be limited to the return of any money You have paid in respect of the Order.

20.             Lodging of Service Requests

In order for Us to provide You with the agreed Service, You agree to follow our process for lodging of Service Requests as outlined in Appendix A

21.             Access to Systems, Sites and People

In order to provide You with the agreed Service, You agree to give Us access to various items of Yours including but not limited to, equipment, people and sites as and when required.

You agree to allow Us to install software on Your Equipment that allows Our technicians to access Your systems at any time. This software allows Us to view system statuses, send monitoring information, see users’ desktops and control Your PC’s. This may require that devices are left on overnight or weekends.

22.             Third Party Authorisations

At times We may need to contact your third party providers on Your behalf, such as Your internet provider. Some of these providers may require Your authorisation for Us to deal on Your behalf. It is Your responsibility to ensure that We are able to deal freely with these providers.

23.             Software

  • All Software licences are the responsibility of You and not that of Us. It is the duty of Yours to store all licences for all Software used, so that that they can be reproduced if and when required. This includes all Software installed by Us.
  • You indemnify and hold Us harmless against any claim, allegation, loss, damage or expense arising directly or indirectly from:
    • any unauthorised Software use by You;
    • any breach of any Software licence in respect of Software provided to Us by You to be installed on one of Your computers;
    • otherwise as a result of Us installing Software at Your where You are not authorised to use the Software; and
    • any problem, defect or malfunction associated with any Software (or related services) supplied by third parties.
  • All copyright in custom software remains the sole property of Ours unless alternate arrangements are made as part of a separate software agreement.

24.             Copyright and Confidentiality

  • Warranty and breach: You warrant that any confidential or copyright information or intellectual property (of any kind and in any form held) or provided by You to Us belongs to You. In the event of any breach of this warranty, You will pay all sums due to Us as If such warranty had not been breached (and regardless of any non-performance of any obligation by Us on account of or in connection with the breach of such warranty). You indemnify and hold Us harmless in respect of any allegations, claims, loss, costs or expenses in connection with such breach of warranty by You.
  • Retention of title: All copyright and other intellectual property rights in any Work created, commissioned or acquired by Us in the course of the supply of Services by Us to You will be the exclusive property of Ours unless otherwise agreed in writing by Us and You.
  • Confidential Information: We acknowledge that in the course of providing Services to You, We may learn from You certain non-public personal and otherwise confidential information relating to You, including Your customers, consumers or employees. We shall regard any and all information We receive which in any way relates or pertains to You, including Your customers, consumers or employees as confidential.
  • You also acknowledge that all information and services, consulting techniques, proposals, and documents disclosed by Us or which comes to Our attention during the course of business and provided under this agreement constitute valuable assets of, and confidential and/or proprietary information to Us.

As such, both parties shall take all commercially reasonable steps to not disclose, reveal, copy, sell, transfer, assign, or distribute any part or parts of such information in any form, to any person or entity, or permit any of its employees, agents, or representatives to do so for any purpose except unless permitted in writing by the disclosing party or as required by applicable law.

Web Hosting

25.             Purpose of Service

Unless explicitly stated and agreed in writing with Solve My IT, our web hosting services are expressly intended for hosting a normal website. Batch processing, archiving and online storage/backup services, streaming video encoding/transcoding and other media, web crawling or other similar functions and any other system or intent other than the hosting a website are not permitted with any of our services.

We reserve the right to take proactive action to maintain the integrity and stability of our web hosting environment to ensure all of our clients have a reliable and stable experience. We completely disallow and forbid any adult/explicit pornography streaming websites and services.

26.             References to ‘Unlimited’

Some packages and Services engaged with us may include an ‘unlimited’ amount of bandwidth or other unmetered offerings. To ensure system stability and reliability to all of our clients, all accounts are limited by resource usage for web hosting and subject to fair use.

If we detect a website or customer is using resources deemed to be an excessive amount, solely by our discretion, we reserve the right to advise and require you to improve your website traffic, content, bandwidth efficiency or upgrade to a higher tier management plan and/or hosting service agreement which will be billed accordingly.

27.             Hosting Plan

We reserve the right that if we believe your current selected service or tier of hosting does not meet the service requirements to efficiently maintain your website, we will notify you and assist you with moving to an appropriate plan for your needs. We are under no obligation to continue to host your website if the service is unsuitable and not sustainable for your usage and you agree that by unreasonably refusing to cooperate with us, we reserve the right to suspend and/or terminate your account with us.

28.             WordPress Migrations

If you have an existing website with another web host provider, we offer a migration service to transfer your existing WordPress instance to be hosted with us. This is a best effort service and you agree that we cannot know all the underlying details of your existing site and will be guided by you. We will take all reasonable care and effort to move your files, data and existing media and you agree that it is your responsibility to provide us with the necessary access and information to perform this migration.

The timeframe for the migration will be discussed and agreed in your contract with us but may be subject to synchronisation times such as DNS propagation times that is out of our control. You agree to bear the responsibility of checking your website following the migration to ensure that it has been completed successfully. We do not warrant or guarantee that all data, plugins and otherwise historic data will be fully migrated and you agree that, unless specified otherwise in the contract, that there may be an interruption to traffic and accessibility of your website for the duration of the migration.

29.             Service Uptime

Unless otherwise specified in your contract, we endeavour to provide service availability to your website 99.90% within a 30 day period. This promised uptime excludes planned or emergency server maintenance or conditions beyond our reasonable control. We will notify all our clients of any scheduled downtime as far as possible in advance.

In the event of a problem with accessibility to your website we will endeavour to resolve the issue as soon as possible. You will be notified via email and a high priority ticket will be raised on your behalf. We will provide you with the information we have available at the time with a summary of what we believe the issue to be and an expected time for resolution.

in the event of extended periods of service unavailability longer than 3 days, unless otherwise specified in your contract, you will be contacted by us to discuss a mutually agreed solution to compensate you for the down time, usually in the form of a partial monetary credit to the following month’s invoice.

30.             Backups

Unless specified in your contract, you agree to bear the responsibility of backing up your site and keeping your data and files safe and stored somewhere secure.

Solve My IT offer backup solutions for your website in the form of periodic backups which we will conduct on your behalf and keep secure and available if needed. You agree that unless you have this additional service with us in place, we bear no responsibility for any loss of data or files due to unforeseen circumstances.

31.             Disruption of Service

By using our Services, you agree that we are not responsible for any disruption or unavailability to your website for reasons beyond our control. We take several measures to ensure as much as possible a high quality and high uptime service and in the event of an issue we will notify you as soon as possible.

We will not be liable or responsible for any downtime or issues experienced by any third parties, network or hardware, where applicable for the use of any of our services or services you engage through us.

IT Support On-Demand

32.             Service Availability and Hours

IT Support services are available remotely and onsite during Business Hours, these hours are classified as per the below

  • Monday to Friday: 9:00 am – 5:30 pm (AEST)
  • Saturday and Sunday: 10:00 am – 4:00 pm (AEST)
  • Services requested outside of these hours may be available by consultation with Solve My IT and will be quoted on a case-by-case basis, payable upfront before support is provided

33.             Surcharges and Fees

All support fees are non-refundable unless otherwise required by Australian Consumer Law. Payment of all fees for remote and onsite support are payable immediately after service completion.

Unless otherwise specified, all fees for IT support are exclusive of GST.

The following additional fees apply as a surcharge for the below:

  • A $30 surcharge applies for all onsite support rendered
  • Weekends and public holidays have an additional $50 fee applied in addition with all other applicable fees

34.             Conditions of Onsite Support

A person at least 18 years old must be present during the provision of onsite services. For all support services, a one hour minimum charge applies with subsequent charges in 30 minute increments. If we cannot resolve the issue, no fees will be charged.

35.             Client Requirements for Onsite Support

You must provide us with access to the relevant premises, devices and a safe hazard-free workspace with working electricity and internet.

The client is wholly responsible for providing access to the relevant software and valid license keys for any required installations.

36.             Service Area

Solve My IT serves the Melbourne metro area for onsite visits. If a location is deemed too distant or excessive, we reserve the right to decline onsite support and may offer remote support as an alternative where viable.

37.             Remote Support

Clients seeking remote support must be at least 18 years of age and located within Australia to engage our services. To provide support remotely, the client agrees to a remote share via software and agrees to provide consent for us to access and make temporary modifications to your devices as necessary to perform the service.

38.             Data and System Responsibility

You are solely responsible for backing up all data, software, and media before engaging our services. Subject to your rights under Australian Consumer Law, Solve My IT will not be liable for any data loss, alteration, or corruption that may occur during service provision.

39.             Client Warranties

You warrant that:

  • All software and license keys are legally owned by you
  • You own or have authority over any device, data or equipment we are engaged in supporting

40.             Disclaimers

All time estimates for issue resolution are best estimates only. While we strive to resolve issues efficiently, some may require more time once the investigation begins. The client agrees that if more time is not reasonably provided, Solve My IT has met its obligations regarding the issue’s resolution for payment purposes.

If we reasonably identify that a device or software replacement or upgrade is the only solution, this will fulfill our service obligations, and fees for time worked will still apply.

If after providing remote support for a reasonable amount of time and an onsite visit is deemed necessary to further resolve the issue, this option will be offered for remote to onsite support escalation. If the client should decline, Solve My IT’s obligation is deemed fulfilled for the time worked and fees will still apply.

41.             Prepaid Support Plans

Prepaid Support Plans are payable upon purchase and become active once payment is received. All prepaid plans expire 12 months from the date of purchase, Solve My IT will make every effort to inform the client of pending expiries of prepaid time to avoid unused time.

Hours allocated to a prepaid plan are subject to terms for IT Support above and time spent for services are recorded by us as support is provided and automatically deducted from the balance.

If services for support would cause the balance of prepaid hours to fall into the negative, the client will be informed of such prior to that happening and will be offered to either top up the balance with another prepaid plan or be charged as per the above terms for remote and onsite support.

Administrative

42.             Purchases and Payment

  • Payment due date: All invoices issued to You are due and payable to Us within the terms stated on the invoice (unless otherwise agreed in writing). by cash, cheque, credit card or direct deposit in accordance with these Terms and Conditions and in the way set out in the Invoice.
  • Recoveries: All legal and other costs and expenses incurred in connection with the recovery of late payments will be added to the amount due by You to Us and will be recoverable from You, in addition to the original invoice cost. If You default in payment of any invoice on time, moneys which would have become due by You at a later date shall be immediately due and payable without any further notice to You. Collectively, all of these moneys are referred to in these Conditions as a “Sum Due”.
  • Interest: If payment of any Sum Due is not made on time, We will charge interest daily on the Sum Due at the maximum rate allowed by law, calculated and charged daily on and from the due date until the Sum Due is paid in full.
  • Application of funds: All payments of the Sum Due made by You to Us will be applied as follows:
    • first in or towards payment of any costs (including legal costs), charges, expenses or outgoings paid by Us in relation to any dishonoured cheque fees, collection costs or any other action taken by Us for the recovery of any amounts owing by You to Us;
    • secondly, in or towards payment of any interest due or payable hereunder, and
    • thirdly, in or towards payment of Your debts to Us in order from the longest standing due to the most recently incurred.
  • Security: We may require You to provide security over Your property (including the Goods or any other property of Yours) as collateral to be held as security for any Sum Due or as a condition precedent to the continuation of supply of Goods or Services by Us to You.
  • Payment arrangements: In the event that a repayment arrangement is made in relation to any Sum Due and the supply of Goods or Services is resumed, but then a repayment due under that arrangement is not made on time, We may, in Our absolute discretion and without prior notice, again suspend or discontinue the supply of Goods or Services to You.
  • Other remedies: We may exercise any of Our rights and remedies including taking legal action against You for the recovery of any moneys due to Us, notwithstanding it may have exercised other rights under these Conditions.

43.             Subscriptions

The following applies where a user has engaged with us to provide them with web hosting or managed Services which, as specified in the contract between you and Solve My IT, you agree to be automatically billed and charged for Services.

Billing and Renewal

Your subscription will continue and automatically renew unless cancelled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose and agree to when you engage and contact Services with Solve My IT.

Cancellation

You can cancel your subscription at any time by contacting us via email to support@solvemyit.com.au or by contacting your assigned Account Manager employed by Solve My IT as specified in your contract.

We require, unless specified otherwise in your contract with us, a minimum 30 days’ notice of your intention to cancel and your cancellation will take effect at the end of this term.

Upon termination, all outstanding fees become payable immediately.

Fee Changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you. Where this is applicable, the new fee will take effect at the next billing renewal period relevant to your contract with us.

Refunds

Unless specified otherwise in your contract with us, all fees paid for subscription-based services are final and no refund will be issued.

44.             Prohibited Activities

You may not access or use the Services for any purpose other than that which we make the Services available.

As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or misled us and other users, especially in an attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
  • Use any information obtained from the Services in order to harass, abuse, or harm another person.
  • Make improper use of our support services to submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorised framing of or linking to the Services.
  • Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material to any of our Services.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (‘gifs’), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as ‘spyware’ or ‘passive collection mechanisms’ or ‘pcms’).
  • Interfere with, or disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
  • Copy or adapt the Services’ software, including but limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
  • Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Services.
  • Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means under false pretences.
  • Sell or otherwise transfer your account or profile to someone else.
  • Upload, host or store content within their website that we host or mange that is illegal or breaches copyright law that they do not have the legal right or license to do so.

45.             Third-Party Websites and Content

The Services may contain (or you may be sent via the Site) links to other websites (‘Third Party Websites’) as well as articles, photographs, text, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (‘Third Party Content’).

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Service or any Third-Party content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy, practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services.

Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

46.             Services Management

We reserve the right, but not the obligation, to:

  1. Monitor the Services for violations of these Legal Terms.
  2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities.
  3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions and/or hosted website content that we manage via the Service.
  4. In our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are reasonably too excessive in size or are in any way burdensome to our systems, including content uploaded to our systems that is not intended or originally agreed or contracted with us.
  5. Otherwise mange the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

47.             Privacy Policy

We care about data privacy and security. Please review our Privacy Policy: https://www.solvemyit.com.au/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

Please be advised that the Services are hosted in Australia. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Australia, then through the continued use of the Services, you are transferring your data to Australia, and you expressly consent to have your data transferred and processed in Australia.

48.             Force Majeure

If We are unable to supply any Goods or Services due to circumstances beyond Our reasonable control, We may cancel the Order (even if the Order has already been accepted) or cease to provide the Services by written notice to You, in which case You will hold Us harmless.

We will not be liable for any breach of contract due to any matter or thing beyond Our control, including failures by third parties to supply goods, services or transport, stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident.

49.             Copyright Infringements

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us by emailing support@solvemyit.com.au (a ‘Notification’).

A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification.

50.             Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. Without limiting any other provision of these Legal Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the services, to any person for any reason.

If we terminate or suspend your account for any reason, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Both parties reserve the right to provide notice of intent to terminate the use of Services as specified in the active contract of the engaged service with us, usually being 30 days’ notice, unless otherwise stated in the Terms and Conditions of the contract being terminated, complying with all other conditions as set out in the contact for contract term and termination.

51.             Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable for any third party for any modification, price change, suspension, or discontinuation of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply corrections, updates, or releases in connection therewith.

Where a remedy for interruption, delay, or inability to access the Service is available to you, this will be clearly defined in the contract that you have engaged with us.

52.             Governing Law

These Legal Terms shall be governed by and defined following the laws of Australia. Solve My IT and yourself irrevocably consent that the courts of Melbourne, Victoria shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

53.             Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a ‘Dispute’ and collectively, the ‘Disputes’) brought by either you or us (individually, a ‘Party’ and collectively, the ‘Parties’) the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Formal Mediation

The parties shall endeavour to settle any dispute arising out of or relating to this agreement, including its existence, validity, or termination, through mediation administered by the Australian Disputes Centre (ADC). Mediation shall follow the ADC Guidelines for Commercial Mediation. This clause survives the termination of the agreement.

Binding Arbitration

If negotiations fail to yield a resolution within thirty (30) days, the Dispute shall be referred to and finally resolved by Arbitration administered by the ADC. The process shall be conducted in accordance with the following provisions

  1. Arbitration Rules
    • The arbitration shall be conducted under the ADC Rules for Domestic Arbitration in force at the time of the Dispute.
    • The parties shall jointly appoint a single arbitrator. If they fail to agree on an arbitrator within fourteen (14) days, the ADC shall appoint one.
    • The seat of arbitration shall be in Melbourne, Victoria, Australia. The language of the arbitration shall be English.
    • The Arbitrator’s decision shall be final and binding on both parties. The award shall be in writing and include reasons for the decision.
  2. Costs and Fees
    • The costs of the arbitration, including the arbitrator’s fees and administrative expenses, shall be equally borne by the Parties unless otherwise determined by the arbitrator.
    • Each Party may be represented by legal counsel during the arbitration proceedings.
  3. Confidentiality
    • All information related to the arbitration, including the existence of the proceedings, shall remain confidential. The Parties shall not disclose any details to third parties except as required by law.

54.             Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

55.             Disclaimer

The Services are provided on an as-is and as-available basis. You agree that your use of the Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof.

We make no warranties or representations about the accuracy or completeness of the Services content or the content of any websites or mobile applications linked to the services, and we will assume no liability or reasonability for any

  1. Errors, mistakes or inaccuracies of content and materials
  2. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services
  3. Any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein
  4. Any interruption or cessation of transmission to or from the Services
  5. Any bugs, viruses, trojan horses, or the like of which may be transmitted to or through the Services by any third party
  6. Any errors or omissions in any content and materials or for any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services, we do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising
  7. We will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.

56.             Limitations of Liability

To the maximum extent permitted by Australian law, in no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services.

Our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the three (3) month period prior to any cause of action arising,

This limitation of liability is part of the basis of the bargain between you and Solve My IT and shall apply to all claims of liability (including but not limited to warranty, tort, negligence, contract, law) and even if the we or our affiliates have been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

57.             Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of

  1. Your contributions
  2. Use of the Services
  3. Breach of these Legal Terms
  4. Any breach of your representations and warranties set forth in these Legal Terms
  5. Your violation of the rights of a third party, including but not limited to intellectual property rights
  6. Any overt harmful act toward any other user of the Services with whom you connected via the Services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

58.             User Data

We will maintain certain data that you transmit and upload to the Services for the purpose of managing the performance of the Services, as well as data relating to you use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data you transmit or that relates to any activity you have undertaken using the Services.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

59.             Electronic Communications, Transactions and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, polices, and records of transactions initiated or completed by us or via the Services.

You agree to waive any rights or requirements under any statues, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

60.             Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal terms operate to the fullest extent permissible by law.

We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined unlawful, void, or unenforceable, that provision or part of provision is deemed severable from these Legal Terms and does not affect the validity or enforceability of any remaining provisions.

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and lack of signing by any parties hereto execute these Legal Terms.

61.             Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us via:

Email: support@solvemyit.com.au

Online contact form: https://www.solvemyit.com.au/contact-us

Post:      Solve My IT
PO Box 100
Taylors Lakes
VIC, 3038

Appendix A

Service Request Lodgement Process

When you contact us to lodge a service request, only the methods below must be used:

Phone: 1300 409 922

Email: support@solvemyit.com.au

Web Portal: Solve My IT Client Portal

Include a short description of the problem and any screenshots of errors to assist in the resolution of the issue.

If the issue is being lodged by either phone or external email, i.e. not as a client of our Managed IT Services, you must include your name, company, and return contact details.

Service requests must not be lodged directly with technicians, as this detracts them from resolving the current issue.