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IT Support Services Terms & Conditions

Cyber SA - IT Support Services

General Terms and Conditions

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1. Definitions

"Provider" means the IT services provider supplying support services (Cyber SA).

"Client" means the customer requesting or receiving services.

"Services" means any ad-hoc, break-fix, consulting, troubleshooting, installation, maintenance, support, or related services provided by the Provider.

"Agreement" means these General Terms and Conditions together with any quotation, work order, proposal, email acceptance, or invoice relating to the Services.

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2. Scope of Services

2.1 Services are provided on an as-requested basis and are not managed services unless expressly agreed in writing.

2.2 The Provider will use reasonable skill and care in performing the Services.

2.3 The Provider does not guarantee that any issue can be resolved or that a particular outcome will be achieved.

2.4 Any estimated completion times are indicative only and are not guaranteed.

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3. Service Requests

3.1 Services may be requested by the Client through approved communication channels, including email, telephone, or support ticket systems.

3.2 The Provider may accept or decline any request at its discretion.

3.3 Support availability is subject to technician availability and scheduling requirements.

3.4 Emergency or after-hours work may attract additional charges.

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4. Fees and Charges

4.1 Services will be charged at the Provider's current hourly rates unless otherwise agreed in writing.

4.2 Time is billable in minimum increments as specified by the Provider.

4.3 Charges may include:

  • Labour and technician time;

  • Travel time and mileage;

  • Hardware and software purchases;

  • Third-party services;

  • Freight and delivery costs; and

  • Any other approved expenses.

4.4 Estimates are provided for budgeting purposes only and do not constitute fixed-price quotations unless expressly stated.

4.5 Additional work identified during service delivery may be charged separately.

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5. Payment Terms

5.1 Invoices are payable within fourteen (14) days of the invoice date unless otherwise agreed.

5.2 The Provider reserves the right to require payment in advance for hardware, software, cloud services, or project work.

5.3 Late payments may incur interest and debt recovery costs to the extent permitted by law.

5.4 The Provider may withhold further services while any invoice remains overdue.

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6. Client Responsibilities

The Client shall:

  • Provide reasonable access to systems, equipment, and premises;

  • Supply accurate information regarding reported issues;

  • Maintain valid software licensing where applicable;

  • Ensure appropriate backups are maintained unless backup services have been separately contracted;

  • Obtain any necessary third-party approvals required for the Services.

The Provider shall not be liable for delays caused by the Client's failure to meet these obligations.

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7. Remote Access and Authorisation

7.1 The Client authorises the Provider to access systems remotely where required to perform the Services.

7.2 The Client acknowledges that remote support may require administrative access to devices, systems, applications, or cloud services.

7.3 The Client warrants that it has authority to grant such access.

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8. Data and Backups

8.1 The Client is solely responsible for maintaining current and recoverable backups of all data unless otherwise agreed in writing.

8.2 Prior to commencing work, the Client should ensure all critical data is backed up.

8.3 While reasonable care will be taken, the Provider is not responsible for:

  • Data loss;

  • Data corruption;

  • System failures;

  • Application failures; or

  • Consequential losses arising from service activities.

8.4 Data recovery services are not guaranteed and may incur additional charges.

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9. Third-Party Products and Services

9.1 The Provider may recommend, install, configure, or support third-party hardware, software, cloud services, and telecommunications services.

9.2 The Provider is not responsible for:

  • Manufacturer defects;

  • Software bugs;

  • Vendor outages;

  • Product recalls;

  • Licensing restrictions; or

  • Third-party service interruptions.

9.3 All third-party products remain subject to the terms and warranties provided by their respective vendors.

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10. Cybersecurity

10.1 The Provider does not guarantee protection against cyber threats, malware, ransomware, phishing attacks, unauthorised access, or other security incidents.

10.2 The Client acknowledges that all IT systems carry inherent security risks.

10.3 The Client remains responsible for making business decisions regarding acceptable levels of risk and cybersecurity investment.

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11. Warranty on Services

11.1 The Provider warrants that Services will be performed with reasonable skill and care.

11.2 If the same issue reoccurs due solely to defective workmanship within fourteen (14) days of completion, the Provider may, at its discretion, provide remedial work at no additional labour charge.

11.3 This warranty does not apply where issues arise from:

  • New faults;

  • Third-party changes;

  • User actions;

  • Hardware failure;

  • Software updates;

  • Cybersecurity incidents; or

  • Circumstances beyond the Provider's control.

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12. Limitation of Liability

12.1 To the maximum extent permitted by law, the Provider shall not be liable for:

  • Loss of profits;

  • Loss of revenue;

  • Loss of business opportunities;

  • Loss of data;

  • Business interruption;

  • Consequential loss;

  • Indirect loss; or

  • Special damages.

12.2 The Provider's total liability arising from the Services shall not exceed the total fees paid by the Client for the specific Services giving rise to the claim.

12.3 Nothing in this Agreement excludes rights that cannot be excluded under applicable consumer protection legislation.

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13. Equipment Left for Repair

13.1 Equipment left with the Provider for repair, diagnosis, or storage remains the property and responsibility of the Client.

13.2 The Client shall collect equipment within a reasonable period following notification that work is complete.

13.3 Storage fees may apply for equipment not collected within thirty (30) days.

13.4 The Provider reserves the right to dispose of uncollected equipment after providing reasonable notice and complying with applicable laws.

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14. Intellectual Property

14.1 Each party retains ownership of its existing intellectual property.

14.2 The Provider retains ownership of all methodologies, tools, templates, scripts, documentation, and proprietary processes used in delivering the Services.

14.3 Upon payment in full, the Client receives a non-exclusive licence to use any deliverables created specifically for the Client for its internal business purposes.

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15. Confidentiality

15.1 Each party shall keep confidential information obtained from the other party confidential and use it only for purposes related to the Services.

15.2 Confidentiality obligations do not apply to information that:

  • Is publicly available;

  • Was already known by the receiving party;

  • Is independently developed; or

  • Must be disclosed by law.

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16. Termination

16.1 Either party may terminate the engagement at any time before work commences.

16.2 If work has commenced, the Client shall pay for all Services performed up to the date of termination.

16.3 Any hardware, software, subscriptions, or third-party services ordered on behalf of the Client remain payable.

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17. Force Majeure

The Provider shall not be liable for delays or failures resulting from circumstances beyond its reasonable control, including:

  • Natural disasters;

  • Utility outages;

  • Internet disruptions;

  • Government actions;

  • Supplier failures;

  • Labour disputes; or

  • Cybersecurity incidents affecting third-party providers.

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18. Governing Law

This Agreement shall be governed by the laws of the State or Territory in which the Provider's principal place of business is located unless otherwise agreed in writing.

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19. Entire Agreement

These Terms and Conditions constitute the entire agreement relating to the Services and supersede all prior discussions, representations, and understandings.

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20. Acceptance

The Client is deemed to have accepted these Terms and Conditions upon the earlier of:

  • Requesting the Services;

  • Accepting a quotation or proposal;

  • Providing access to systems or premises;

  • Authorising work to commence; or

  • Paying any invoice issued by the Provider.

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