Terms & Conditions

Servicemax- Terms & Conditions for Contract Clients

These Terms of Use describe the terms and conditions applicable to your contract with Servicemax. This document is a legally binding agreement between you as the user(s) as clients of Servicemax (referred to as “you”, “your”, “client” or “User” hereinafter) and Servicemax entity listed below (referred to as “we”, “our” or “Servicemax” hereinafter).
These terms and conditions are an addendum to the contract that we provide to clients. These will change from time to time, and an up to date copy will always be available at www.servicemax.com.au/TandC

Application, Acceptance & Users Generally

1. Your use of the Servicemax Website and Servicemax’s services, software and products (collectively the as the “Services” hereinafter) is subject to the terms and conditions contained in this document as well as the Privacy Policy and any other rules and policies that Servicemax may publish from time to time. This document and such other rules and policies are collectively referred to below as the “Terms”. By accessing the Website or using the Services, you agree to accept and be bound by the Terms. Please do not use the Services or the Website if you do not accept all of the Terms.
2. You acknowledge and agree that Servicemax may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Website, you agree that the amended Terms will apply to you.
3. The Terms may not otherwise be modified except in writing by an authorised officer of Servicemax 
4. You agree not to undertake any action to undermine the integrity of the computer systems or networks of Servicemax and / or any other User nor to gain unauthorised access to such computer systems or networks.
5. Servicemax may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties’ web site. You are cautioned to read such web site’ terms and conditions and/or privacy policies before using the Site. You acknowledge that Servicemax has no control over such third parties’ web site, does not monitor such web site, and shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such web site.
6. By posting or displaying any information, content or material (“User Content”) on the Site or providing any User Content to Servicemax or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Servicemax to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Site, the provision of any Services and/or the business of the User. You confirm and warrant to Servicemax that you have all the rights, power and authority necessary to grant the above license.
7. To the maximum extent permitted by law, the services provided by Servicemax are provided “as is”, “as available” and “with all faults”, and Servicemax  hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. all such warranties, representations, conditions, and undertakings are hereby excluded.
8. Each User hereby agrees to indemnify and save Servicemax, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User’s use of the Site or Services (including but not limited to the display of such User’s information on the Site) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save Servicemax, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User’s breach of any representations and warranties made by User to Servicemax, including but not limited to those set forth in Section 9 hereunder.
9. Servicemax shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following.
   • the use or the inability to use the Site or Services;
   • any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Site;
   • unauthorised access by third parties to data or private information of any User;
   • statements or conduct of any User of the Site;
   • any matters relating to Services however arising, including negligence.
   • The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Servicemax has been advised of or should have been aware of the possibility of any such losses arising.
10. Force Majeure. Under no circumstances shall Servicemax be held liable for any delay or failure or disruption of content or services delivered by Servicemax resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

Specific Provisions

1. We do not delete Client data under any circumstances. We will message you if a machine gets over 90% full. If some space isn’t cleared within 14 days you will be charged $50 (plus GST) per machine per month extra until the machine comes back into compliance. Please ask us for help if you need it!
2. We will only monitor Time Machine backups for devices that have a network attached backup device. If you back up to an external drive that isn’t always connected, you will not receive warnings about backups
3. Servicemax will not support, handle warranty or other issues for hardware or software that a Client buys elsewhere. If we agree to install 3rd party equipment, this will be charged at our standard hourly rate – exceptions to this (such as buying Apple equipment on our recommendation) will be made in writing by Servicemax before purchase.
4. Clients are absolutely welcome to research or suggest other brands and models of infrastructure but Servicemax reserves the right to limit the time they spend on reviewing Clients suggestions
5. If Servicemax sends Client a warning about something that needs the Client’s attention, and the Client fails to act on it within 14 days, Client will be charged $50 per month (plus GST) per incident until Client has taken action to remediate the issue. Until remediated we will mute alarms for a predetermined amount of time, and we may take action to remediate at Client’s cost.
6. Client and staff are required to have basic computer skills and are required to take minor actions as requested by us. It’s perfectly ok to ask for further explanations or for help at any stage, but Servicemax won’t spend an hour arranging a remote support session for something you could do in 20 seconds 
7. Client will be charged our standard rates for any appointment that we attend where Client is unavailable or absent, solely at our discretion 
8. Servicemax will not book an onsite if we request data and it is incomplete. Servicemax must have the full scope of work before making a booking because this sometimes means it will require a longer booking or require special tools.
9. If Servicemax proposes changes and you decide not to go ahead, Client automatically indemnifies us from any liability arising from that decision 
10. New Employee setups- Servicemax will reduce the standard setup time from 3 to 2 business days, and if Client wants it guaranteed to be done faster there will be a $90 (plus GST) fee for each setup request 
11. Payment is required immediately upon acceptance of a quote, unless otherwise arranged. Longer term projects will be 50% up front and 50% upon completion. Servicemax will charge 50% of the total labour charge as a non refundable kill fee for any project entered into but not completed due to client.
12. Client is required to keep backups according to best practises designed by Servicemax. Client acknowledges that this is a minimum requirement and that any data loss shall not be the responsibility of Servicemax. You will be required to protect some of your logins with multi factor authentication 
13. This contract may have other terms and conditions that change from time to time, you will be notified of any such changes 30 days before they are enacted
14. Servicemax believes in fairness, these terms and conditions are applied so that all clients can get exceptional support

General Provisions

1. Subject to any Additional Agreements, the Terms constitute the entire agreement between you and Servicemax with respect to and govern your use of the Site and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
2. Servicemax and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
3. If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
4. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
5. Servicemax’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of Servicemax’s right to act with respect to subsequent or similar breaches.
6. Servicemax shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Servicemax)). You may not assign, in whole or part, the Terms to any person or entity.
7. Any dispute relating in any way to your visit to Servicemax or to products or services sold or distributed by Servicemax or through servicemax.com.au shall be submitted to NCAT, NSW Civil & Administrative Tribunal for arbitration which shall be conducted in accordance with the Tribunal’s arbitration rules in effect at the time of applying for arbitration. The number of arbitrators shall be one; The place of arbitration shall be NSW Australia; The language to be used in the arbitral proceedings should be English.The arbitral award is final and binding upon both you and Servicemax.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia