APPENDIX A - Terms and Conditions

1. Purpose
This Agreement sets out the terms under which IT8 provides IT support services to the Client during Business Hours, with optional After‑Hours Support by arrangement.

It is intended to be clear, fair, and consistent with the Australian Consumer Law (ACL) and Victorian requirements.

2. Definitions

• Business Hours: 9:00am–5:30pm, Monday to Friday, excluding Victorian public holidays.
• After-hours Support: Support performed outside Business Hours by prior arrangement.
• Proactive IT Maintenance & Block Hours: Prepaid service hours purchased under this Agreement.
• Services: IT support and related tasks performed by IT8, with specific inclusions/exclusions defined in separate documentation (e.g., proposal or scope schedule).
  Note: Service scope and deliverables will be defined separately and are not included in this document.

3. Scheduling & Response

• All work is scheduled subject to technician availability during Business Hours.
• IT8 will use reasonable efforts to respond promptly.
• Priority or same day onsite service is not guaranteed unless specified in a separate scope document.
• After-hours Support is available by prior arrangement and charged at the applicable rate.

4. Client Responsibilities

The Client must:

• Provide the access, permissions, credentials, and information necessary for IT8 to perform the Services.
• Maintain appropriate software licensing.
• Ensure a safe work environment for onsite attendance.
• Notify IT8 promptly of issues or environment changes.

Data & Security Responsibilities

Unless otherwise specified in a separate scope document, the Client is responsible for:

• Backup integrity
• Password policies
• Physical security
• Compliance with industry specific regulations

5. Confidentiality & Privacy

• Each party must protect the other party’s confidential information.
• IT8 will handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Client data remains the property of the Client and will only be accessed or disclosed where necessary to provide services or where required by law.

5.1 Social Media Use

• Unless the Client opts out or notifies IT8 in writing, IT8 may use non confidential photos, videos, testimonials or general descriptions of the Services for marketing and social media purposes.
• The Client may opt out at any time by emailing admin@it8.au.

6. Consumer Guarantees & Liability

• Nothing in this Agreement excludes rights under the Australian Consumer Law.
• Where permitted, IT8’s liability is limited to re supplying the services or paying the cost of having them supplied again.
• Neither party is liable for indirect or consequential loss, except in cases of fraud or wilful misconduct.

7. Exclusions

Unless otherwise included in a separate scope document, IT8 is not responsible for:

• Hardware replacement or repair (IT8 will facilitate communications to assist)
• Third-party licensing or subscription fees
• Major infrastructure upgrades
• Cybersecurity audits or penetration testing
• Data recovery from failed/damaged hardware
• Support for end-of-life systems (IT8 may choose to do so anyway)
• Onsite services outside metropolitan Melbourne (may incur travel fees)

Detailed service inclusions/exclusions will be documented separately.

8. Term & Termination

• This Agreement begins on the Commencement Date and continues until all package hours are used or the Agreement is terminated.
• The Client may terminate at any time by written notice. Unused hours are non-refundable but may be transferred by mutual agreement.
• Should IT8 choose to terminate the contract, IT8 will refund unused hours at the applicable rate.
• Either party may terminate immediately for material breach not remedied within 14 days or for insolvency.

9. Dispute Resolution

The parties agree to attempt good faith resolution of disputes before escalating.
This Agreement is governed by the laws of Victoria.

10. Payments

Invoice Payments are due 14 days of issue (Unless other arrangements have been approved in writing)

Account information is provided on each invoice.

We kindly ask that you add the Invoice Number to your payment description.

Questions:
For any questions, please contact the office on 03 9999 1273