ExcellenceIT

Service Disclosure Agreement Including Terms and Conditions

SERVICE AND DISCLOSURE AGREEMENT

 

Between:

 

Service provider: Excellence IT

ABN 27 592 779 109

102 Coleman Road, Wantirna Vic 3152

PO Box 6078, Wantirna Vic 3152

Phone - Melbourne: (03) 9038 9338 Sydney: (02) 9086 9286

Fax: (03) 9038 9339

www.excellenceiT.com.au

Client:  


We will supply goods and services to you on the terms spelt out in this Disclosure Statement and any attached Service Agreement. The terms and conditions of our contract comprise this Disclosure Statement, and the Service Agreement as well as any other documents which we may supply to you.

Our privacy policy is on our website at www.excellenceIT.com.au.

 

1. How we will charge you

Hourly rate

The cost of our services to you is determined by an hourly charge rate. We record time devoted to your task, and we have an hourly rate charge which reflects our skills and experience.

The current hourly rates of the people and related charges likely to be involved in your work are:-

Item/Service Supplied Billing Frequency Price from 1/7/2014
Onsite Labour Technician 1st hour (30min or part) Per Hour $125.00
Onsite Labour Technician Sub hour(30 min or part) Per Hour $109.00
     
Onsite Labour Engineer 1st hour (30min or part) Per Hour $169.00
Onsite Labour Engineer Sub hour(30 min or part) Per Hour $149.00
     
Onsite Labour Sen Engineer 1st hour (30 min or part) Per Hour $220.00
Onsite Labour Sen Engineer Sub hour (30 min or part) Per Hour $189.00
     
Onsite Labour Project Manager 1st hour (30 min or part) Per Hour $295.00
Onsite Labour Project Manager Sub hour (30 min or part) Per Hour $245.00
     
Remote / Offsite Specialised Developer Per Hour $155.00
     
Travel Time per Engineer per 30 mins or part Per 30 mins or part $33.00
     
Offsite Labour Technician (30 min or part) Per Hour $99.00
Offsite Labour Engineer (30 min or part) Per Hour $139.00
     
Offsite Labour Senior Engineer (30 min or part) Per Hour $179.00
Offsite Labour Project Manager (30 min or part) Per Hour $245.00
     
Remote Access (30 mins or part) plus Connection Charges if required and/or Software Licencing Per Hour $135.00
Phone Support Business Hours 1st 10 mins (1 hr = $145) 1st 10 mins $22.00
Phone Support Business Hours Sub 5 mins or part Sub 5 mins $13.50
Phone Support After Hours 1st 10 mins (5pm-9am M-F & All day Sat/Sun) (1hr = $294) 1st 10 mins $59.00
Phone Support After Hours Sub 5 mins or part Sub 5 mins $25.00
     
Emergency “Drop Everything” Call Out in Business Hours Per Call Out First 2 Hours – Double Time at relevant Technical Level. Sub Hours at Normal Rates.
After Hours Rates (On Client approval) Per Call Out Mon-Frid 5pm to Midnight @ 150%. Sat/Sun (all day) and Mon-FridMidnight to 9am @ 200%
     
Equipment Evaluation – standard item PC/Laptop (other items POA) Per Unit $88.00

Please note that you will be charged according to the hourly rate including GST. These rates are reviewed from time to time and may change. We will tell you of any changes as soon as practical as soon as a change occurs.

2. Interest on unpaid accounts

If an account remains unpaid for thirty (30) days after you receive it, then we may charge you interest at a rate which is 2% higher than the rate prescribed by section 2 of the Penalty Interest Rates Act. That is a fluctuating rate, and is normally in the range of between 11% to 14% per annum.

If you do not pay our account, then this also entitles us to exercise a common law right known as a lien. That means that if we have any documents, equipment or goods which we retain on your behalf, then the lien allows us to retain all of that material until our account is paid.

If after a prolonged period of time and notice to you that our account remains unpaid, then we are authorised to sell that material to retrieve payment on our account. We are authorised to charge you for any sale expenses, and if there is a surplus, then we will repay any surplus to you.

3. Legal Costs

If you do not make payment on our accounts within 30 days, we may initiate legal proceedings against you for repayment of our costs. If that happens, you will be liable for all of our legal costs, including costs on any court applicable scale, and costs payable on a lawyer - client basis.

4. Retention of Title

Ownership and title in any goods supplied to you shall remain with us until the account is paid in full. We are authorised by this Disclosure Statement to enter your premises to retrieve any equipment, goods or software which we have supplied to you. We are authorised to dismantle any machinery or equipment if our goods have been incorporated into any other machinery or equipment. We are entitled to retrieve our goods and to resell those goods and apply the proceeds towards payment of our account and all other money owing to us.

If those goods have been incorporated into machinery or equipment or manufacturing process of any third party, then by this document, you appoint us as attorney to enter into those premises or go to that machinery or equipment or manufacturing process to retrieve our goods.

You indemnify us against any loss, costs or damage incurred in retrieving our goods and services. You indemnify us if we suffer any loss or liability as a result of exercising our rights in retrieving our goods and equipment.

5. Personal Guarantees

Sometimes a customer manages a business with a private company being a Pty Ltd company. If that is how you wish to manage your business with us, then we will require all of the directors of the company to give personal guarantees. Sometimes the cost of supply of goods and services is significant, in which case the giving of a personal guarantee by the directors is a serious issue. It is also a serious issue for us. Unless you tell us that you wish to contract with a private company, AND sign personal guarantees, you will be personally liable for all accounts and all money payable to us. We can supply you with a personal guarantee for you to sign. All of the directors of the company will need to sign the personal guarantee in the presence of an independent adult witness and need to give us the original document. If that applies to you, then please tell us.

6. Third parties

In some situations we are a third party supplier of goods and services supplied to us by another company. We have obligations to that third party supplier. You are also bound by the terms and conditions of that third party supplier. For example some of those conditions can relate to the use of equipment, hardware and software. Oftentimes the equipment prohibits the on supply of hardware and software to another person. You indemnify us against any liability if you breach any third party supply agreement.

7. Skill and know how

Our skill and know how is important to us. Our skill and know how means our ideas, concepts, trade secrets, work and manufacturing and supply processes all of which we call "confidential information". You will be given access to the confidential information but only for the purposes of our engagement. You are not permitted and you must ensure that your employees, agents and other contractors do not disclose any of the confidential information to any other person. You must indemnify us if we suffer loss or damage by unauthorised use of any confidential information.

8. Duplication

You must not copy or duplicate any of the confidential information, or hardware or software which is provided to you except as maybe necessary solely for archival purposes, software error notification, or to replace defective items, provided you keep the original and the copies. You must not alter, de-compile or disassemble any software. You must not make copies of any user documentation or manuals which we supply to you.

9. Transfers

You must not sub-licence lease, rent or lend any software or hardware material or any confidential information or otherwise transfer or assign any of your rights under any of our agreements.

10. Warranty and Disclaimer

We warrant that any hardware or software delivered to you and user documentation are free from defective materials or workmanship under normal use for a period of 90 days from the date of your original purchase. Except for the limited warranty described above, the software is sold "as is…" and you are assuming the entire risk as to its quality and performance. It is your responsibility to verify the results obtained from the use of any software and hardware.

Except where a specific warranty applies, if during the 90 day limited warranty period, you discover physical defects in the user documentation or the materials or the hardware or software, then we will replace it at no charge to you, provided you return the item to be replaced with proof of purchase to us. This is your sole remedy. In no event will we be liable to any person for any direct, indirect, special, incidental, consequential or similar damages, even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of implied warranties or of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights that vary from state to state, and also on the supply by third parties of hardware and software. In the event that any of the above limitations or exclusions are held to be unenforceable, then our total liability shall not exceed the amount of the supply cost inclusive GST to you.

11. Your hardware and software

You may give us hardware or software for the purpose of repair or modification or enhancement. We will not be liable if the hardware or software is damaged or lost in any way.

If we discover that you are using any software for which you do not hold a required licence, other consent from the owner of the software or copyright holder, then we reserve the right to terminate our retainer, give you an accountant for the work reasonable spent by us up to the time of us terminating our retainer.

12. Payment of our account

You may pay our account via a Visa Credit Card or Master Card account. A service charge may apply of 3.0%. If you pay by way of an American Express or Diners Club card, then that incurs a 3.0% service charge.

13. Services renewal

Contracts, services and agreements will continue to automatically renew at the end of the term for an additional term unless otherwise noted. In order to exit, cancel or cease a contract, service or agreement, notice must be provided in writing to our office no less than 30 days prior to the end of the current term.

Early cancellation will incur fees for the remaining period and this will be required to be paid in full to complete an agreement exit. Penalty interest and administration fees may apply on an unpaid accounts including relating to services.

14. Remote Access

Not all consulting work requires on site attendance. Some consulting work can be completed remotely by using communication software such as Team viewer, EMM (Excellence Maintain and Manage), GO-TO Assist and you being charged for this time, as well as time for telephone or email assistance in accordance with this agreement.

You may accept these contractual arrangements by signing and returning a copy of this document or by continuing to give us instructions or continuing to ask us to supply goods and services to you.

 

About Excellence IT

As we provide a service in Information Technology, we are constantly aware of how quickly advancements can change the way things are done.

Each and every day we find:

  • Something new is unveiled,
  • A previous model  updated,
  • A new way of doing something is made known,
  • A free software update is released,
  • An older product becomes discontinued,
  • A new technology becomes more affordable,
    And
  • A new idea is demonstrated.

Because we have such a good & long standing history with the top manufacturers & distributors of products (and services), we find out about the latest and greatest advances quite sometime before they become commonly known about & understood.

You are here  :