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Terms & Conditions

Onsite Helper Pty Ltd (ABN 19 164 543 640) (“OSH”) supplies Goods and/or Services to its clients (“Clients”). By engaging OSH to supply Goods and/or Services to the Client, the Client hereby agreed to be subject to these Terms and Conditions.

This document will be updated from time to time. It is the responsibility of the Client to regularly review the Terms and Conditions.

  1.  Definitions

a.  Business Hours means Monday to Friday from 8am to 6pm AEST excluding Australian public holidays.b.

b.  Client means a natural person, a corporation or any other legal entity that engages OSH for the supply of Goods and/or Services.

c.  Confidential Material means quotes, proposals and any other documentation provide to the Client by OSH for the purposes of sales.Goods

d.  Goods means all tangible and intangible items including but not limited to hardware, software, Cloud and other subscription products.

e.  Grant Letter means a confirmation notice issued electronically by OSH to the Client confirming Goods and Services purchased by the Client, including without limitation Client’s Support Level entitlement and Support Period.

f.  Google Apps Packages as defined in Google Apps Packages document.

g.  Prepaid Hour Blocks as defined in Onsite Helper Service Agreement document.

h.  Quick Fixes means resolution of Support Items which take less than 5 minutes. Examples, request for password or other credentials OSH has on record, creation of email account, advise on rebooting hardware.

i.  Response Time means the time it takes to respond to a Support Item either via mail, phone or in person. It does not mean the time it takes to resolve the Support Item.Service(s) means all work provided by an employee or contractor of OSH to the Client as part of the engagement for the supply of Goods and/or Services.

j.  Service(s) means all work provided by an employee or contractor of OSH to the Client as part of the engagement for the supply of Goods and/or Services.

k.  Service Contract means a formal contract made between OSH and Client’s on VIP Full Managed Services.

l.  Service Period means the effective time for which the Client has purchased Service(s) as confirmed in a Grant Letter and/or Service Contract to the Client.

m.  Support Item(s) means Client enquiries received by OSH with regards to their IT systems. This can include but is not limited to request for passwords and login details, licence code credentials and IT technical support. Support Item(s) form part of the Service(s) OSH provides to the Client.

n.  Unforeseen Anomalies means all technical faults, issues and enquiries which arise out of the provision of technical support of existing Support Items.Support Level(s) means the Service(s) offering purchased by the Client from OSH. The three levels of Service(s) offering are: General Helpdesk Support, VIP IT Only Support and VIP Full Managed Services.

o.  Support Level(s) means the Service(s) offering purchased by the Client from OSH. The three levels of Service(s) offering are: General Helpdesk Support, VIP IT Only Support and VIP Full Managed Services.Zone mean that the place of business being Serviced by OSH is within 10 km of the Melbourne CBD.

p.  Zone means that the place of business being Serviced by OSH is within 10 km of the Melbourne CBD.

2.  Provision of Services. OSH will provide Goods and Services to the Client during the Service Period at the Support Level that has been purchased by the Client as confirmed to the Client in a Grant Letter and/or Service Contract. Where a Service Period is not specified, it is deemed that Services will be provided when the Client requires on an adhoc basis. The Service Period of VIP Managed Services is a minimum of 12 months.

3.  Access. The client shall provide OSH with sufficient, free and safe access to the Client’s computer systems networks and facilities in the event that it is agreed that OSH will provide on-site support at the Client’s location or facilities or that OSH will perform remote support.

4.  Response Time. Client’s on VIP Managed Services will receive priority Service over Clients on the other Service Levels. Only Clients on VIP Managed Services with have a service level agreement with OSH which requires a maximum of 4 hours Response Time (unless otherwise agreed to by the Client) to Support Items. Support Items for Clients on Service Levels (other than VIP Managed Services) will be prioritised based on urgency and the time the Support Item is received by OSH. For these Clients OSH uses commercially reasonable efforts, while making no guarantees whatsoever, to meet the response times set forth in the table

Time Urgency Priority
0-2 hrs Emergency high
2-8 hrs Urgent (quick response) medium
8+ hrs Standard not set

 

5.  Subcontracting. OSH has the right to subcontract the Services under these Terms and Conditions to third parties.

6.  Warranty of Services. Services provided by OSH to the Client are guaranteed for 5 days from the date of completion of the Support Item(s). Where the Client believes the Support Item(s) is not fully resolved e.g. there is a reoccurring issue with the Support Item, the Client must contact OSH within 5 business days from when OSH finalised the Support Item. Warranty of Services does not apply where the Client or a third party has directly or indirectly made modifications to or tampered with their IT systems affecting the Support Item. In this situation, the Support Item would be charged as a separate Support Item. Any additional Support Items flowing from the actions of the Client or a third party will also be deemed and charged as a separate Support Item.

7.  Warranty of Goods. OSH does not provide any warranties on Goods purchased for and delivered to the Client. To ensure that the Goods are delivered to the Client in the condition of manufacture, OSH will make all endeavours to deliver the Goods directly from the Supplier to the Client. Where a manufacturer’s fault with the Goods does occur, OSH is not required to provide alternative arrangement to the Goods while the fault is rectified. If the Client makes such a request, this request will be deemed and charged as a Support Item.

8.  Unforeseen Anomalies. It is the nature of IT support that from time to time Unforeseen Anomalies will arise when OSH resolves the Client’ Support Item. OSH will make all reasonable efforts to ensure that during the resolution of Support Items that these anomalies are minimised such as, but not limited to, ensuring system compatibility during a fix. Unforeseen Anomalies that do arise are deemed as a new Support Item and the Client accepts all additional charges in resolving this new Support Item.

9.  Privacy. OSH will take all reasonable measures to ensure that Client information remains confidential. OSH may collect and use any personal information provided by the Client or for the Client. This information will be strictly used in the provision of Goods and Services. OSH may transfer or store Client information on secure servers. Where OSH discloses Client personal information to its agents or subcontractors for these purposes, the agent or subcontractor in question will be obligated to use that personal information in accordance with these Terms and Conditions. OSH will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information. OSH may record and review any and all correspondence between OSH and clients for training and dispute purposes. This includes but is not limited to emails and phone calls.

10.  Confidentiality. The Client must not disclose Confidential Material provide to the Client by OSH to third parties.

11.  Pricing of Services. OSH reserves the right to change the price for Services. OSH will notify the Client of any such changes in price prior to conduct of any Services. OSH reserves the right to apply surcharges for work performed outside Business Hours not previously arranged and for onsite work performed outside Zone. OSH reserves the right to charge for travel time.

12.  Invoicing of Services. Services requested by the Client and performed by OSH are charged in 20 minute increments. Chargeable components of the Services includes but not limited to the time taken by OSH to gather information and respond to the Client, research required to assist with the resolution of the Support Item and the actual work to resolve the Support Item. Clients on VIP Managed Services receive Quick Fixes for free.

13.  Payment for Services. The Client must ensure that payment for Services is in accordance with the Support Level that has been purchased by the Client as confirmed to the Client in a Grant Letter and/or Service Contract. Client’s on VIP Managed Services are required to make monthly installments by direct debit for a minimum term of 12 months. OSH must be provided with the opportunity to rectify any unsatisfactory Support Items by Client’s on VIP Managed Services prior to termination by the Client. All Clients must have credit to receive support for Support Items by purchasing pre-paid hours alone on in blocks. Clients can apply to OSH for 2 week payment terms. Reminders for payment will be sent to the client 7 days prior to and on the due date. Clients who fail to pay on time will go back onto prepaid terms. Where the Client is a Company, the natural person who authorised the request for Goods or Services on behalf of the Company agree to be personally liable to pay any outstanding invoices owed to OSH where the Company fails to make payment.

Charges for emergency or urgent issues.  Where clients request for an emergency or urgent response to their Support Item, OSH will respond to the Support Item accordingly.  The client will also be billed at VIP IT support rates for that Support Item.  Where the client has pre-purchased support hours at standard helpdesk rate, we will deduct the amount pro-rata (1 hr VIP work = 1.1 hr standard).

14.  Prepaid Hour Blocks. Prepaid Hour Blocks purchased can only be applied to the payment of future Services. Any Prepaid Hour Blocks purchased not upon termination of Services will not be refunded. Prepaid Hour Blocks may be transferred to another Client with the consent of OSH. The pricing of Prepaid Hour Blocks is quoted for one technician per hour.

15.  Client Account. Where the Client is on 2 week payment terms, it is the Client’s obligation to ensure that payment of invoice(s) are made within the period specified in the invoice(s). Failure to make payment on the invoice(s) within the specified time will result in late fee charge of 2% above the corporate reference rate of OSH’s principal banker compounded monthly until payment is received in full. OSH will charge the Client for all expenses and costs incurred in the recovery of the unpaid invoice(s). This includes but not limited to debt collection and any legal fees. OSH may cease or suspend the supply of any further Goods or Services to the Client until the unpaid invoice(s) are paid in full. Clients will not receive further work until the account is paid in full.

16.  Payment for Goods – general. Payment for Goods must be made prior to OSH placing an order for the Client. Where OSH has ordered and paid for Goods upon request of the Client, the Client must make payment without delay. OSH will provide the Client notice of any changes to the price for Goods on order to take into account of any changes in the cost incurred by OSH. OSH reserves the right to apply freight charges or delivery fees on Goods requested by the Client. The freight charges or delivery fees will be advised in advance. Title and property in all Goods remains vested in OSH until full payment is received.

17.  Payment for Goods that are subscriptions. The Client agrees to make payment of Goods that are subscriptions for a minimum term of 12 months unless otherwise specified by OSH in the Grant Letter and/or Service Contract. This applies to but is not limited to Google Apps Packages, domain name(s), website hosting, antivirus, offsite backups and Cloud-to-cloud backup services (e.g. Spanning). The exceptions are Cloud storage services (e.g. Soonr) and email spam/virus filtering services (e.g. Manage Protect MP mail) which must be paid monthly in advance. Usage of VOIP is to be paid at the end of each month by direct debit. All once of payments may be made by EFT, credit card, cheque or paypal. All monthly payments must be made via direct debit unless otherwise agreed by OSH. All payments must be made in advance and is not refundable.  The Client must provide at least 1 month notice on cancellation on monthly subscriptions. The Client must pay all monthly subscription amounts (and any other costs or expenses incurred by OSH in terminating the subscription such as fees requested by the third-party subscription provider) up to and until the effective termination of the subscription.

18.  Payment by credit card. Credit card payments will attract a Merchant Service Fee (MSF) of 2.4% for Visa or MasterCard and 3.4% for American Express. Payments through PayPal will attract a MSF of 2.4% of the price of the transferred amount. OSH reserves the right to make changes to the MSF by giving notice to the Client.

19.  Liability and Disclaimer.

a.   OSH will not be liable for:
i.   the way the Client uses the Goods or Services provided to them.
ii.  failure by the Client to terminate any existing Goods or Services prior to contracting OSH to provide an alternative Good or Service.
iii.  any losses or damages which occurs to property or data outside the scope of Support Item.
iv.  any losses or damages to property once the property leaves OSH premises. The client is responsible for inspecting the state of their property before and after a       Service and prior to it leaving OSH premises.

b.  To extent permitted by law, the Client hereby expressly exclude OSH from any liability for consequential loss or damage incurred in connection with the provision or use of the Goods and/or services.c.  This does not affect

c.  This does not affect liability of OSH which cannot be excluded or limited at law. To the extent that the Client acquire Goods and/or Services from OSH as a consumer within the meaning of Australian Consumer Law, OSH’s liability is limited to any one or more fo the following (in its sole discretion):
i.  in case of any Goods (failure to be of acceptable quality and the failure does not amount to a major failure), replacement or repair of Goods, or supply of equivalent Goods, or payment of costs of repairing or replacing goods or supplying equivalent goods;
ii.  in case of Services (failing to be of acceptable quality and the failure does not amount to a major failure), supply of Services again or payment of cost of having Services supplied again.

d.  Without limiting foregoing and to the extent allowable at law, the Client agree that in no event shall OSH’s maximum aggregate liability exceed for breach (whether arising in contract, tort (including negligence), misrepresentation or otherwise) by acts of omissions of OSH employees, agents and subcontractors exceed the amount of total fees paid or payable to OSH by the Client or of the amount of $1 million dollars, whichever is lesser.

20.  Termination of Services by the Client. The Client has the right to terminate Services with OSH in accordance with Grant Letter and/or Service Contract. Termination must be done in writing sent through email addressed to the Company CEO.   Unless otherwise specified, notice of termination is 2 weeks. A 1 hour termination fee will be charged upon termination. This covers the cost of providing the client with all relevant documentation from their account with OSH; removal of the client’s documentation, billing and remote access from OSH system; advising the client on password reset; and 15 minute handover to the Clients new IT service provider. The Client may request for additional time from OSH for the handover which will be deemed and charged as a Support Item and added to the 1 hour termination fee. The Client understands that upon termination, all accounts must be paid within 10 working days.

21.  Termination of Services by OSH. OSH reserves the right to terminate Services with the Client at anytime subject to any Service Contract. Pre-paid hours purchased by the Client are not refundable.

22.  Customer Obligations.

a.  The Client acknowledges the ability of OSH to supply the Goods and/or provide the Services may be dependent upon your full and timely co-operation (which you agree to provide), and any other information and data provided by the Client.

b.  OSH shall not be liable for any delays resulting from the Client’s failure to fulfil their obligations.  

c.  OSH reserve the right to invoice the Client for any additional expenses reasonably incurred as a result of such delays.  

d.  The Client shall provide OSH with access to, and use of, all information, data, equipment and documentation reasonably required by OSH for performance of OSH obligations.

23.  Warranties.

a.  The Client acknowledges that OSH makes no warranty that the Goods and/or Services will generate any increase in sales, business activity or profits for yourbusiness or any other form of improvement for the Client’s business.

b.  OSH does not warrant that the Goods and/or Services will be uninterrupted, error free or virus free.  The Client acknowledge that the Goods and/or Services may be subject to limitations, delays and other other problems inherent in the use of such communications, datacentre and hosting facilities.

24.  Outages and Data Protection.

a.  OSH shall take reasonable steps to ensure that the Client’s data being the subject of the Services (Data) is protected.  

b.  OSH shall at all times ensure that the Data is protected from unathorised access or use, or misuse, damage or destruction.

c.  The Client must ensure that it has a backup of the Data at all times.

d.  OSH reserves the right to remove the Data where it believes that the Data is adversely affecting the Goods and/or Services provision to other clients or poses a security risk/breach to OSH.

25.  Intellectual Property

a.  OSH retains copyright and all other intellectual property rights in:

i.  all computer programmes, material tools, applications, documents, presentations, specifications, data, know-how and anything else generated, whether as improvements or otherwise, in course of providing (directly or indirectly) the Goods and/or Services; and

ii.  All intellectual property rights existing prior to the commencement of such Services (OSH IP)

b.  OSH licenses to you the right to access and use OSH IP on a non-exclusive basis for the term of the Goods and/or Services to such extent as is necessary to enable you to make reasonable use of the Goods and/or Services for internal business purposes.

c.  The Client acknowledges that Goods and/or Services may include third party software or intellectual property rights (Third Party IP).  Any rights you may have to access Third Party IP shall be limited to extent of OSH’s ability to pass on such rights to the Client.

d.  In relation to any Data, content, information or material provided by the Client to OSH, the Client warrant that they will not infringe the rights of any third party nor contravene any law or code.

e.  The Client hereby grants OSH permission to use and publish in any medium or format whatsoever, including without limitation, on our website or marketing collateral:

i.  the Client name, logo and trademark; and

ii.  references to the fact that the Client is a customer of OSH.

f.  OSH agrees that the Client own (and will retain) all rights, title and interest (including all Intellectual Property Rights) in the Data.  The Client grants OSH a non-exclusive licence to use the Data to enable OSH to provide Goods and/or Services to the Client.

26.  Onsite work   

a.  all onsite work has a minimum of a 1 hour charge. If the engineer is onsite for more than 1 hour then additional time is added in 20 minute increments. Onsite work charged from the time the engineer leaves the Onsite Helper office

b. If the engineer is onsite for more than 1 hour then additional time is added in 20 minute increments.

c. Onsite work is charged from the time the engineer leaves the Onsite Helper office, including travel time and work done at clients premises. This also includes conversations and meetings related to IT issues.

Google Cloud’s G Suite platform – 30 day free trial!

For those who are considering Google Cloud’s G Suite platform but have not had a chance to test its suitability for your business, here is your chance.

Onsite Helper is offering a 30 day free trial. This includes:

  • Registration of your business with Google Cloud for the 30 day free trial; and
  • Setup of up to 10 trial accounts for staff to use.

Please note that this trial is not designed for those wishing to use a free service purely for the 30 days. It is designed for those wishing to explore the option of using the platform to support your business growth long term.

The trial will allow you to access the full suite of applications including: Gmail, Google Drive, Calendar, Forms, Docs, Sheets, Sites and others.

Limitations of free trial

Gmail

Gmail will be usable however the email address associated will not be your domain name. Therefore it is not recommended to use this when dealing with external parties as if you decide not to continue with G Suite you will need to migrate your emails out of G Suite and to your existing email platform.

If you are likely to go ahead with G Suite then we can offer a setup fee of G Suite which will include migrating your emails and moving your “MX” records to Google so your email will be in full production with the correct email addresses. Please email sales@onsitehelper.com or call 03 9999 3106 for a quote on this.

What happens after 30 days?

After 30 days your G Suite trial will become suspended and all data will eventually be deleted by Google unless you decide to purchase G Suite. If you decide G Suite is not a good fit and you have created data in the cloud storage, you can extract all of your data to a zip file before your trial end date. See instructions here. //takeout.google.com/settings/takeout

If G Suite is a good fit and would like to continue, please email sales@onsitehelper.com or call 03 9999 3106 to discuss your next steps which could include:

  • Migration history of emails, calendars, contacts to Gmail
  • Migration of documents and data to Google Drive
  • Setting up G suite correctly and securely for the business
  • Training staff
  • Other 3rd party recommendations to enhance your G Suite experience.