Terms & Conditions | Insight IT

MSA Technology Pty Ltd trading as Insight IT

IT Service Terms and Conditions

Definitions
1. “Company” refers to MSA Technology Pty Ltd trading as Insight IT, its employees, agents, and subcontractors.
2. “Client” refers to any individual, business, or entity purchasing or using the services provided by the Company.
3. “Services” refer to IT Support, Hardware Products, IT Project Services, Internet Connections, Telephone Service Provision, and Software Provision as offered by the Company.
4. “Agreement” refers to these Terms and Conditions along with any signed proposals, quotes, sales contract or agreements between the Client and the Company.
5. “Business Hours” is between the hours of 8am to 6pm (AEDT) Monday to Friday excluding weekends and public holidays
6. “After Hours” is between the hours of 6pm and 8am (AEDT) Monday to Friday, on weekends and public holidays
7. “User” is any individual or entity authorised to access, utilise or interact with the Client’s IT services, software or systems, either directly or indirectly
8. “Onsite” refers to any work completed at the Client premises, or any other location directed by the client
IT Support Services
1. IT Support Services covers current and new sites that the Client may open or operate at any stage during the life of the agreement.
2. Facilities Management:
  1. This service provides access to our Remote IT Helpdesk by telephone or email for IT Support during Business Hours.
  2. The Agreement will outline the fee for this service and the amount (minutes or hours) of remote IT support provided for the fee.
  3. The Client will be invoiced for this service in advanced on a monthly basis. Invoiced amounts are calculated using the fee quoted multiplied by the number of users.
  4. The number of users invoiced is calculated from the contacts held in the Company’s records immediately prior to the monthly invoicing cycle.
  5. Should the number of users change during the term of the agreement, the Company will adjust the number of users on record and the number of users charged.
  6. The Client may inform the Company of the number of users or changes to the number of users at the commencement of this service by completing an onboarding form and change it at any time by completing a new user form or an exit user form. These forms can be obtained from the Company.
  7. The amount of remote IT support is per user per month and is aggregated across the Client’s business. Unused support is not carried forward to following months.
  8. Should the client exceed the amount of remote IT Support quoted, additional support (Overage) will be provided under Casual Support (see 2.4 Casual Support).
  9. Should the Client wish to increase the amount of support provided, during the term of an agreement, the Company will provide a quote/proposal for approval. Clients are not permitted to downgrade the amount of support provided during the term of an agreement.
  10. Exclusions: this service does not cover:
    1. On-site or after-hours support
    2. Set-up of new hardware
    3. Project Services (see 4. IT Project Services)
3. Block Hours Support:
  1. The Client purchases a set number of support hours, which are deducted as used. Purchases must be prepaid prior to the hours being applied.
  2. Hours may be purchased in blocks of 5, 10, 20, 30, 50 and 100 hours.
  3. This service provides access to our Remote IT Helpdesk by telephone or email or Onsite IT Support during Business Hours.
  4. Block Hours are used as follows:
    1. Remote IT Support – is billable at a 15 mins minimum and in 15 minute increments thereafter
    2. Onsite Support – is billable at a minimum of 90 minutes and in 15 minute increments thereafter
  5. Unused hours expire 12 months after purchase date and are non-refundable or transferable unless otherwise agreed.
4. Casual Support:
  1. The Company provides IT Support charged on an hourly rate for:
    1. Ad hoc IT Support
    2. Facilities Management Overage
    3. Onsite IT Support (excluding Block Hours)
    4. After-Hours IT Support
  2. Casual Support is charged as follows:
    1. Remote IT Support: is billable at a minimum 15 minutes and in 15 minute increments thereafter for IT Support during Business Hours
    2. After-Hours IT Support: is billable at a minimum 1 hour and in 15 minute increments thereafter for IT Support after-hours. Any After-Hours work completed Onsite will incur travel time.
    3. Onsite IT Support: is billable at a minimum 90 minutes and in 15 minute increments thereafter for all IT Support completed onsite during business hours.
    4. Casual Support Rates are subject to indexation and will be provided to the Client in a Quote or Proposal.
5. Response Times & SLA:
  1. Service response times are subject to availability and any agreed-upon Service Level Agreement (SLA).
  2. Service response times and SLA’s will be provided in an Agreement or Service Level Agreement document.
  3. Service Level Guarantees: any guaranteed response times or service levels will not include the following categories/types of tickets: new user tickets, exit user tickets, hardware requests, projects, tickets involving third parties, and tickets wherein the primary cause for delay is attributed to the client.
6. Exclusions: IT Support Services does not cover any other labour costs incurred by the Company for new Hardware Product Configuration, IT Project Services, Internet Connections, Telecommunication Services or Software Services. Labour associated with these services will be quoted separately.
Hardware Products
1. The Company supplies hardware as per the Client’s order. Availability is subject to supplier stock levels.
2. All orders are subject to acceptance by the Company. No order will be deemed to have been accepted by the Company unless products are supplied, a backorder or delivery delay has been confirmed in writing by the Company.
3. The Company may reject any order placed by the Client if there is an insufficient supply of products which prevents the Company from being able to fulfil the order.
4. The Company will not be bound by any terms attaching to the Client’s order and, unless those terms are expressly agreed to in writing by the Company. The Client agrees that those terms are hereby excluded.
5. All hardware sales are final. Returns are accepted only for defective products under manufacturer warranty or as required by consumer protection laws.
6. The Company is not responsible for compatibility issues unless the hardware was recommended by the Company as part of an IT solution.
7. Payment for hardware sales must be made in full before dispatch unless credit terms have been agreed upon prior to the order.
8. Delivery times advised to the Client are estimates only and the Company will not be liable for any loss, damage or delay suffered or incurrent by the Client or its the Clients arising from late or non-delivery of Products.
9. The Company may make part deliveries of any order, and each part delivery will constitute a separate supply of the Products upon these Terms.
10. The Client must inspect all products ordered within 7 days of delivery and give written notice to the Company of any matter or thing by which the Client alleges that the Product/s do not accord with the Clients order. Failing such notice and to the extent permitted by law, the Product/s will be deemed to have been accepted by the Client.
11. Title and Risk
  1. Products supplied by the Company to the Client will be at the Client’s risk immediately upon:
    1. Delivery of the product’s to the Client, Client’s agent, custody or control; or
    2. Collection of the Products by the Client’s nominated carrier or agent
  2. Risk in the Products will remain with the Client at all times unless the Company retakes possession of the Products in accordance with clause 3.11.4.2.
  3. Title in the Products supplied by the Company to the Client will not pass to the Client and will remain the absolute property of the Company until such time as the Company has been paid by the Client all monies due and owing to it by the Client in relation to any account. Title to those Products which are software remains with the Company and/or the applicable third parties at all times.
  4. If the Client has breached these Terms or the terms of any relevant Agreement, the Client authorises the Company, at any time, to enter onto any premises upon which the Company’s Products are stored to enable the Company to:
    1. Inspect the Products; and/or
    2. reclaim the Products.
  5. The Client agrees that the provisions of clause 3.11 apply despite any arrangement under which the Company may grant credit to the Client.
IT Project Services
1. Any item that is being introduced to, removed from or any other major change to the Client’s IT environment will be considered a project.
2. The Company will provide IT project services as outlined in a signed Agreement.
3. Any changes to the project scope must be agreed upon in writing and may result in additional costs.
4. Delays caused by the Client, third parties, or unforeseen circumstances may impact delivery timeframes. The Client will not hold the Company liable for any delays under these circumstances.
5. Payment schedules will be outlined in the project agreement, and late payments may result in project suspension.
Internet Connections
1. The Company provides Internet Connections via third party suppliers as per the Client’s selected plan.
2. New Services and Service upgrades may be subject to fees and minimum or fixed-term contract periods. These will be outlined in the Service Agreement.
3. At the conclusion of the minimum or fixed-term contract period, the internet connection will automatically roll over for an additional 12 month period.
4. Services are provided to the address outlined in the Service Agreement/Quotation. Changes to service addresses will constitute an early termination and may be subject to fees and/or additional contract periods.
5. Service Provision
  1. The Company will provide the Services with reasonable care and skill.
  2. Service availability may be affected by factors outside the Company’s control, including but not limited to network congestion, outages, or maintenance.
  3. The Company does not guarantee uninterrupted service and is not liable for any disruptions.
6. Client Responsibilities
  1. The Client agrees to use the Services in compliance with all applicable laws and regulations.
  2. The Client must ensure that their equipment is compatible with the Services.
  3. The Client must not engage in any activity that disrupts or degrades the Service for other users.
7. The Company reserves the right to change pricing with at least 30 days’ notice to the Client
Telecommunication Services
1. The Company provides telecommunication services using VoIP or other technologies.
2. The Client agrees to comply with fair use policies and refrain from any fraudulent or unlawful activities.
3. Service downtime due to maintenance or third-party provider issues does not entitle the Client to refunds unless specified in an SLA.
4. Hardware for telephone services is provided separately unless otherwise stated in the agreement.
Software Products
1. The Company provides software solutions, including licensing, subscriptions, and custom software development, as agreed upon with the Client.
2. Software licenses are subject to the terms and conditions set by the original software vendor.
3. Software licenses may be subject to minimum contract periods. These will be outlined in a quote/proposal. The Client agrees to be bound by stated minimum contract periods.
4. The Client is responsible for ensuring compliance with software licensing terms and may not transfer, resell, or modify the software unless explicitly allowed by the license agreement.
5. The Company is not liable for software compatibility issues unless the software was recommended as part of an IT solution.
6. Custom software development projects are subject to separate agreements outlining project scope, timelines, and payment terms.
7. Software pricing is made available through our partnership with software providers. Should the software providers alter pricing, Insight reserves the right to alter unit pricing.
Payment Terms
1. The price for any Service will be the Company’s quoted price.
2. Unless stated otherwise in this agreement or in writing by the Company, all prices quoted are exclusive of all taxes, handling, delivery, agent’s charges and any other charge, duty or impost.
3. All invoices are due as per the terms specified in the invoice (e.g., 7, 14, or 30 days from the invoice date).
4. Queries relating to invoiced amounts must be raised within 5 business days of the invoice date. Invoices un-queried after this time will be deemed appropriate and due in full by the invoice due date.
5. Payment is required prior to delivery of any product or service unless agreed otherwise in writing by the Company.
6. The Company may, in its sole discretion:
  1. Provide credit to the Client
  2. Suspend provision of Credit to the Clients until all amounts owing are paid in full
  3. From time to time and at any time, vary or cancel any credit facility it makes available to the Client
7. The Client must pay the Company, on demand, any tax (other than income tax) payable under these Terms, any matter or thing done under these Terms or any payment, receipt or other transaction contemplated by these Terms, including any goods and services or value-added tax, customs duty, sales tax, excise duty, stamp duty, other duty, governmental charge, fee, levy or impost, together with any fine, penalty or interest payable because of a default by the Client.
8. The Client must pay to the Company any amount the Client must pay under clause 8.7 in full, despite any right of set-off that The Client may have.
9. The Client shall pay the full amount due to the Company as invoiced and shall not deduct from that amount any tax in relation to purchase of the Products or Services. The Client shall reimburse the Company for any taxes paid on its behalf
10. Late payments may incur interest charges and/or service suspension. The Client will be liable to pay interest on any overdue amount at the annual rate of 2% above the prevailing base lending rate quoted by the Westpac Banking Corporation. Interest will accrue daily from the date payment became overdue until the Company has received payment of the overdue amount, together with any interest accrued.
11. The Company reserves the right to direct debit any invoice older than 30 days from the Client’s nominated bank account or credit card. Clients without a valid direct debit authority against a valid bank account or credit card may be refused service or delivery of hardware.
12. In the event that the Client’s payment is dishonoured for any reason the Client shall be liable for any dishonour fees incurred by the Company.
13. If the Client defaults in payment of any invoice when due, the Client shall indemnify the Company from and against all costs and disbursements incurred by the Company in pursuing the debt including legal costs on a solicitor and own client basis and the Company’s collection agency costs.
14. If any account remains overdue after thirty (30) days, then an amount of the greater of twenty dollars ($20.00) or ten percent (10%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable
Credit Assessment
1. The Company at its absolute discretion may provide credit to the Client.
2. If any Products are supplied to the Client on credit, the Company may need to disclose to a credit reporting agency certain information referred to in clause 9.4 about the Client when assessing the Client’s application for credit and managing the Client’s account with the Company. The Client authorises the Company to disclose such information to a credit reporting agency for these purposes.
3. Subject to the Company’s obligations under the Privacy Act 1988 (Cth) as amended and any other applicable laws, the Company may provide the information referred to in clause 9.4 to a credit reporting agency to obtain a consumer credit report about the Client or to allow the credit reporting agency to create or maintain a credit information file about the Client. The Client agrees that the Company may disclose a credit report about it to any credit provider, debt collecting agency or the Company’s insurers for the purposes of assessing the Client’s creditworthiness or to collect any overdue payments (as the case may be).
4. The Company may disclose the following information relating to the Client in accordance with clauses
  1. 9.1 and 9.2:
    1. The Client’s name and address;
    2. credit limits on the Client’s accounts;
    3. the amount of any payments which are overdue for at least 60 days;
    4. where an overdue payment has been previously reported, advice that the payment is no longer overdue;
    5. Any method of payment including, but not limited to, cheques, electronic funds transfer, Bpay, credit card payments which have been dishonoured;
    6. Information that, in the opinion of the Company, the Client has committed a serious credit infringement; and
    7. information that the Company has ceased to supply the Products and services to The Client.
5. The Client agrees that the Company may obtain information about the Client from any business which provides information about the commercial credit worthiness of persons for the purposes of assessing the Client’s application to purchase the Products on credit and collecting any overdue amounts.
6. The Company may refuse to supply the Products to the Client on credit on the basis of the Company’s credit assessment of the Client.
Warranties
1. Hardware and Software Products are covered by manufacturers’ warranty. To the extent permitted by law, the Company’s entire responsibility with respect to warranties for the Products is to pass on to The Client the benefit of any such warranties. Subject to clause 10.3, Software Products are not warranted by the Company under these Terms. Such software Products are warranted in accordance with the relevant licence agreements governing their use.
2. To the extent permitted by law, the manufacturers’ warranties referred to in clause 10.1 are in substitution for all other terms, conditions and warranties, whether implied by statute or otherwise (including implied warranties with respect to merchantability and fitness for purpose) and all such terms, conditions and warranties are expressly excluded.
3. Certain legislation may imply warranties or conditions or impose obligations upon the Company which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms must be read subject to those statutory provisions. If those statutory provisions apply, to the extent to which the Company is able to do so, its liability will be limited, at its option, to:
  1. in the case of products: the replacement of the products or resupply of equivalent products; repair of the products; payment of the cost of replacing the products or acquiring equivalent products; or the payment of the cost of having the products repaired; and
  2. in the case of services: the supply of the services again; or the payment of the reasonable cost of having the services supplied again.
4. The Company does not warrant that repair facilities or parts will be available in respect of any of the Products.
Privacy
1. The Client agrees to the Company collecting, using and disclosing information about the Client of the kind referred to in clause 9.4.1 for various purposes, including to:
  1. assess creditworthiness as outlined in clause 9;
  2. supply the Products and Services to the Client and the management of the Client’s account, including suppliers;
  3. communicate with the Client about the Products and Services which the Company or its partners or affiliates may provide to the Client;
  4. implement these Terms and any agreement; and
  5. comply with relevant laws.
2. The Company, at the written request of the Client, will:
  1. provide the Client with access to any personal information relating to the Client held by the Company; and
  2. correct or amend any personal information relating to the Client held by the Company which is inaccurate or out of date.
3. The Company will handle the Client’s personal information in accordance with relevant laws.
Intellectual Property
1. The Client acknowledges that:
  1. all trademarks, copyrights and other intellectual property rights (“Intellectual Property”) embodied in or in connection with the Products or Services and any related documentation, parts or software are the sole property of the Company or its suppliers; and
  2. all Intellectual Property of the Company or its suppliers may only be used by the Client with the express written consent of the Company or its suppliers, during the continuance of any relevant Agreement, and such consent extends only to use essential for the purposes stated in it.
2. The Client must not register or use any trademarks, trade name, domain name, trading style or commercial designation or design used by the Company or its suppliers in connection with the Products or Services.
3. The Client will indemnify the Company against all liabilities, damages, costs and expenses which the Company may suffer or incur as a result of any work performed by the Company in accordance with the Client’s specifications or as a result of the combination or use of the Products/Services with other equipment, parts or software not supplied by the Company, and which results in the infringement of any Intellectual Property of any person.
Confidentiality
1. The Client acknowledges that the Company has disclosed and may from time to time disclose to the Client certain confidential information and documentation of the Company relating to the Services, their marketing, use, maintenance and software, including technical specifications (“Confidential Information”).
2. Subject to clause 13.5, the Client must:
  1. only use the Confidential Information solely for the purposes contemplated under any relevant Agreement; and
  2. not, during the continuation of such Agreement or thereafter, disclose (whether directly or indirectly) to any third party the Confidential Information, other than is required to carry out such purposes.
3. If disclosure of Confidential Information to third parties is necessary, the Client will obtain from such third parties binding agreements to maintain in confidence the Confidential Information disclosed at least to the same extent as the Client is bound to protect the Company’s Confidential Information under this clause 13.
4. Upon the expiry or termination of any relevant Agreement, the Client must cease to use and must return or destroy (as the Company may instruct) the Company’s Confidential Information in its possession or control.
5. The provisions of this clause 13 do not extend to any information which is:
  1. at the time of disclosure, rightfully known to or in the possession or control of the Client and which is not subject to an obligation or confidentiality;
  2. public knowledge (otherwise than as a result of a breach of this clause 13 or any other obligation of confidentiality);
  3. approved in writing by an authorised officer of the Company to be disclosed; or
  4. required to be disclosed by a government authority or by relevant laws provided that notice of any such required disclosure is first given to the Company.
Liability & Disclaimers
1. To the extent permitted by law, the Company will not be liable to the Client or any other person under any circumstances for any loss of use, profit, revenue, interest, goodwill or data, or for any injury or death to any person, or for any indirect, incidental or consequential damages sustained or incurred by The Client, whether such liability arises directly or indirectly as a result of:
  1. any negligent act or omission or wilful misconduct of the Company or its employees or agents;
  2. the supply, performance or use of any Products or services; or
  3. any breach by the Company of its obligations under these Terms or any relevant Sales Contract.
2. The total liability of the Company is limited to the total fees paid by the Client for the service in question over the past 3 months.
3. The Client agrees to back up data regularly, and the Company is not responsible for any data loss unless explicitly agreed upon in writing.
Force majeure
1. If the performance of the Company’s obligations under these Terms or any relevant Agreement is prevented, restricted or affected by force majeure including strike, lockout, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of the Company, the Company will give notice of such cause to the Client and after 60 days from the receipt by the Client of such notice, either party may terminate the relevant Agreement without penalty
Termination & Cancellation
1. IT Support – Minimum Contract Commitment Periods:
  1. Will be outlined in the quote/proposal.
  2. Should the Client wish to terminate services during the first three (3) months, they may do so, without penalty by providing 30 business days’ notice.
  3. Should the Client wish to terminate services after the first three months but before the expiration of the minimum commitment period, Client will be required to provide written notice of thirty (30) business days and will be invoiced for the remaining months using the average of the most recent three invoices unless an alternate agreement can be reached.
  4. At the completion of the minimum commitment period, the terms of the agreement will automatically roll over for continuing twelve (12) month periods.
  5. Should Client wish to terminate this agreement after the completion of the minimum commitment period, Client will be required to provide written notice of thirty (30) business days and payment for all services to the completion of the notice period.
2. Hardware Products
  1. Unless otherwise agreed in writing by the Company, the Client may not cancel an order which has been accepted by the Company.
    b. If the Client’s right of cancellation is agreed to by the Company in writing, the right must be exercised by notice in writing from the Client to the Company not later than 7 days before the estimated date of shipment by the manufacturer or the Company (as the case may be).
  2. Unless otherwise agreed between the Client and the Company, upon cancellation prior to shipment, any deposit paid by the Client will be forfeited to the Company.
3. Project Services
  1. The Client may terminate a Project agreement with 30 days’ written notice unless otherwise specified
  2. Upon termination, the Client will be required to make payment for all work completed on the Project to date.
  3. No refunds will be provided for pre-paid project services.
4. Software Products
  1. 30 business days’ notice period is required to terminate software products.
  2. Should the product remain within a contracted period, the balance of the contract payout figure will be provided to the Client for payment.
5. Internet Connections
  1. 30 business days’ notice period is required for termination of Internet Connections
  2. If the Client cancels a fixed-term contract before expiration of the agreed period, the Client will be required to pay out the balance of the contracted period unless otherwise agreed.
6. If the Client breaches the Agreement, the Company may suspend or terminate services immediately.
7. No refunds will be provided for prepaid services unless required by law or agreed upon in the contract.
General Terms
1. The Company may amend these Terms at any time, by giving the Client notice by mail, e-mail or by posting a notice on the Company’s public website. By continuing to place orders for Products, the Client will be deemed to have accepted the revised Terms.
2. Any provision of these Terms which is invalid or unenforceable will be read down to the extent necessary, and the remaining provisions will continue unaffected.
3. the Client acknowledges that some Products may be controlled under export laws in force at the time of the Agreement. the Client shall not export, re-export, or distribute Products, in violation of any such export control laws or regulations.
4. The Client acknowledges that certain Products may be subject to license requirements or other restrictions specific to certain transactions. Where applicable, The Client agrees to be bound by any such terms and conditions and/or restrictions and shall indemnify the Company for any liability suffered by it arising from the Client’s breach.
5. The Client may not assign or attempt to assign any of its rights and obligations under these Terms.
6. These Terms are governed by the laws of the State of New South Wales and the courts of the state of New South Wales shall have exclusive jurisdiction to hear any disputes arising from or relating to this agreement.

By using the Company’s services, the Client agrees to these Terms and Conditions. For any inquiries, please contact MSA Technology Pty Ltd trading as Insight IT at info@my-insight.com.au.

About us

Useful links

Our Solutions