General Terms & Conditions

1. DEFINITIONS

In these Conditions:

• Business Hours: Monday–Friday, 8.:30am–5:30pm, excluding NSW public holidays.
• Extended Hours: Monday–Friday, 6:00 am–8:30am & 5:30 pm –9.00 pm, excluding NSW public holidays.
• After Hours: 10:00pm–6:00am Monday–Friday, all weekends and NSW public holidays.
• Client / You: the person or entity acquiring Goods or Services from us.
• Goods: hardware, software or other items supplied by us.
• Services: IT services, support, consulting, monitoring, security, or other work provided by us.
• Order: your request for Goods or Services accepted by us.
• Quote: a price estimate we provide, valid for 14 days unless otherwise stated.
• Plan: an agreed support arrangement or subscription.
• Rate Schedule: our published rates and charges, as updated from time to time.
• Work: any activity we undertake for you including support, configuration, advice, or recommendations.
• We / Us / Our: IT First Responder Pty Ltd (ABN 24 617 080 127).

2. APPLICATION

These Conditions apply to all Quotes, Orders, Plans and Services supplied by us. If any part is unenforceable, the rest remains valid.

3. TERM & TERMINATION

• Minimum commitment is set out in our Quote, commencing from the first day of the next month after acceptance.
• After expiry, the Term automatically renews for the same period unless terminated by either party with 60 days’ written notice.
• Either party may terminate on 30 days’ notice for a material breach not remedied within that time.
• If you terminate early during a commitment term, all remaining fees are payable.
• On termination we will assist with transition at our standard rates.

4. QUOTES & ORDERS

• Quotes are valid for 14 days and are subject to vendor price/stock changes.
• Orders are binding once confirmed in writing or electronically by you and accepted by us.
• We are not obliged to deliver until cleared payment is received.
• Order cancellations require our approval and may incur supplier restocking fees.

5. PRICING & PAYMENT

• All prices are exclusive of GST unless stated.
• Rates may change at any time unless fixed under a Plan.
• Call-out fees and out-of-pocket expenses (travel, accommodation, etc.) may be charged with your prior approval.
• Pre-paid blocks of hours are non-refundable and must be used within the period specified.

Invoice & Default Terms

• Payment is due within the period stated on each invoice.
• 7+ days overdue: late fee of $25 may apply.
• 21+ days overdue: services and support placed on hold.
• 30+ days overdue: Microsoft 365, security and backup services suspended until payment. Reconnection fee of $85 applies for Microsoft 365.
• Disputed charges must be raised in writing within 30 days of invoice issue; otherwise deemed accepted.
• We may suspend or terminate services for non-payment, and we have no liability for any resulting downtime.
• Interest accrues on overdue amounts at the maximum rate allowed by law.
• You must reimburse all recovery and legal costs incurred.

6. DELIVERY & TITLE

• Risk passes on delivery of Goods; you must insure from that point.
• Title remains with us until payment in full. If unpaid, we may recover Goods without notice.

7. RETURNS

• Returns are subject to vendor/manufacturer policies.
• Customised, non-stock, or special-order items are not returnable.
• Claims must be made within 7 days of delivery.

8. THIRD-PARTY SERVICES

• Our Services may include or rely upon third-party products or services.
• These are supplied subject to each vendor’s terms (as updated from time to time). A list of key vendors and their terms is available at [Vendor List URL].
• We are not liable for vendor performance or failures, except where caused by our negligence.

9. CLIENT RESPONSIBILITIES

You must:

• Provide accurate and complete information about your systems and licences.
• Provide necessary access, authorisations, and cooperation.
• Ensure valid licences for all software.
• Follow our process for logging support requests.

10. CYBERSECURITY & RISK

• We will exercise due care and skill in providing Services.
• We may recommend upgrades, security controls or technology improvements. If you fail to implement these, you accept responsibility and our liability is reduced to the extent of your non-implementation.
• No solution is 100% secure: you acknowledge no IT system, software, hardware, or service can be guaranteed error-free, secure, or uninterrupted.
• Our role is to reduce risk, not eliminate it. We are not liable for incidents that occur despite reasonable measures.

11. LIABILITY

• Nothing in these Conditions limits your non-excludable rights under the ACL.
• To the maximum extent permitted by law:
• We exclude liability for loss of data, indirect or consequential loss (including loss of profits or business).
• Our liability for any breach is limited (at our option) to resupply, repair, replacement, or refund of the relevant Goods/Services.
• We are not liable to the extent a loss arises from:
• your non-payment, false information, or breach of this Agreement;
• your failure to implement our recommendations;
• your refusal to provide access or cooperation;
• third-party vendor failures.

12. CONFIDENTIALITY & IP

• Both parties must keep each other’s confidential information secure.
• IP created by us remains our property unless otherwise agreed in writing. We grant you a licence to use deliverables for your internal business purposes.

13. NON-SOLICITATION

You must not employ or directly engage our staff during the engagement and for 12 months after. If you do, you must pay us an amount equal to 50% of the employee’s annual salary plus reasonable recruitment costs, as genuine pre-estimated damages.

14. PRIVACY

We collect and use personal information only as necessary to deliver Services, in accordance with our Privacy Policy.

15. GOVERNING LAW

This Agreement is governed by the laws of New South Wales, Australia. Both parties submit to the non-exclusive jurisdiction of its courts.

SERVICE REQUEST LODGEMENT PROCESS

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

Phone: 02 8003 4009

Email: help@itfr.com.au

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 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.

SERVICE REQUESTS OUTSIDE OF OUR BUSINESS HOURS

Urgent Service Requests outside of business hours must be lodged by phone (charges apply for emergency/after-hours work).
If not, the Service Request will be viewed on Our next Business Day.