The Computer Department – Premium Service Offering
The Computer Department has experienced solid growth over the past number of years and through our attempts to remain at the forefront of supporting our ever growing list of customers, we are partnering with CustomTec to provide escalated support service. TCD have known the CustomTec people for over 5 years and we have worked closely together on many projects. We have the utmost respect for the skills and services that are provided by CustomTec and we have decided to leverage this familiarity and offer our customers a greater level of service.
Invoicing for these services will be provided directly to your business by CustomTec and for this reason The Computer Department request you to accept the terms and conditions of the CustomTec Terms of Engagement.
The Computer Department will remain your Account and Managed Services provider.
Introduction to CustomTec
CustomTec is an experienced supplier of technical Consultants and Engineers. CustomTec supplies a vast array of professional and technical services to meet customers’ requirements across Australia, New Zealand and into Asia, specifically Singapore and Malaysia. CustomTec’s range of services include help desks, colocation, cloud solutions, wide area network solutions, managed services for networks, servers and user end points, and system integration.
This document represents the terms and conditions of the relationship between CustomTec and the Company, by accepting the terms and conditions of the CustomTec Terms of Engagement.
CustomTec wishes to thank The Computer Department for selecting us as their preferred Information Technology business partner and we look forward to delivering exemplary service to all TCD customers.
Terms and Conditions
This Agreement is meant to be on-going, however it
terminates automatically after six months of inactivity.
- In this document, unless the contrary intention appears:
- the singular includes the plural and vice versa;
- all monetary amounts are in Australian dollars;
- a reference to a person includes a firm, unincorporated association, corporation and a government or statutory body or authority and that person’s legal personal representatives, successors and assigns;
- a reference to time is to local time in Sydney, NSW, Australia;
- a reference to “includes” means “includes, without limitation,” and a reference to “including” means “including, but not limited to,”; and
- a reference to any thing or amount is a reference to the whole and each part of it.
- Headings are for convenience only and do not affect the
interpretation of this document.
3. The Service
- CustomTec will provide the Services to the Company in a professional manner using suitably qualified personnel.
- Services can be in the form of technical documentation review or creation, writing of technical correspondence, performing services or observing others perform services.
- CustomTec will perform duties as directed, at the Company’s request.
- Any oral agreement of Services outside of these Terms and Conditions are to be confirmed in writing within 7 days of agreement. CustomTec is not required to commence to provide any Service until it has been confirmed in writing and agreed in writing.
- CustomTec will use its best commercial endeavours to meet all milestones and timeframes set out in the Services Schedule.
- For customers without a Managed Services contract, whenever possible CustomTec will provide onsite Services within 24 hours of notification.
- As part of the Service, CustomTec may be asked to provide recommendations or advice to the Company. It is recognised by the Company that any such information provided is done so in good faith and the Company may elect to act on any such advice at the Company’s own risk.
Where the Company orders goods from CustomTec then the Company is bound by the following conditions:
- The placing of an order with CustomTec is deemed to be an acceptance of these terms and conditions by the Customer. No other variation of these terms and conditions will be binding unless expressly accepted by CustomTec in writing.
- Prices/Exchange Fluctuations: All prices are subject to adjustment in the event of any adverse exchange rate fluctuations. In the event that any item is to be imported and there is an adverse exchange rate fluctuation (in excess of 3%) in respect of the applicable currency then CustomTec will be entitled to adjust the price(s) to fully compensate for the fluctuation and the customer shall pay the adjusted price.
- All prices quoted are valid for seven (7) days from the date of quotation or longer if specifically stated in an individual quotation or proposal.
- Equipment is available for pick up at CustomTec’ premises. Prices quoted do not include delivery unless expressly stated in the agreement.
- Unless the Company hold a valid Sales Tax registration number or exemption certificate signed by an authorised representative of the Company, or items are otherwise exempt, then sales tax will be payable by the Company. The Company will reimburse CustomTec for the Sales Tax applicable for the sale unless it is specifically stated in the quotation that sales tax is included in the prices quoted.
- Ownership of the equipment shall not pass to the Company until payment is made in full, including all applicable duties, taxes, delivery charges and adjustments.
- Cancellation of orders will incur a 15% restocking fee. Once Equipment has been delivered to the Company then no cancellation will be accepted.
- All items are supplied with the original manufacturer’s warranty. CustomTec will not be responsible for any additional warranty and will not be liable for complying with the terms of such manufacturer’s warranties.
Fees and Payment
- CustomTec business hours are 7am to 7pm Monday to Friday. Statutory NSW Public Holidays Excluded.
- As per Agreed Schedule of Rates.
- No public holiday engagement will be provided without pre-booking.
- Outside of business hours engagement is set at 50% surcharge to the base rate.
- Unless otherwise stated, the fees are expressed EXCLUSIVE of GST.
- The Company must pay all
amounts payable for the Service with 14 days of invoice. If any amount owing under this document to
CustomTec is not made within thirty (30) days of the due date, then without
prejudice to any other legal or equitable remedy it may have, CustomTec may
without further notice suspend the provision of all Services until such time as
payment is made.
6. Intellectual Property Rights
All intellectual property
rights in the Service and the Licensed Materials at all times remain with
CustomTec and its licensors. All
intellectual property rights in all documentation, software or other works
created by CustomTec in connection with this document will vest upon creation
- The parties acknowledge and agree that they may become aware of or exposed to confidential or commercially sensitive information of the other party in connection with the performance of this document (“Confidential Information”).
- A party must not use, disclose,
distribute or circulate the Confidential Information of the other party without
the prior written consent of the other party, except to the extent permitted by
this document or required by law. If the Confidential Information is lawfully
within the public domain then, to the extent that the Confidential Information
is public, the obligations under clause 7.1 will cease. In the event of any
uncertainty as to whether any information is Confidential Information, such
information will be deemed to be Confidential Information and not within the
public domain, unless both parties agree in writing to the contrary.
- CustomTec warrants that:
(a) the Service will be provided in a professional manner by suitably qualified personnel and in material compliance with the specifications for the relevant Service as set out in the Services Schedule;
(b) it will comply with all relevant laws in the provision of the Service; and
(c) it has all licenses, approvals and permits which are necessary for the provision of the Service.
- Except as expressly provided in this document or in the Competition and Consumer Act 2010 (the “Act”), no other warranty, condition, undertaking or term, express or implied, statutory or otherwise, as to the condition, quality, performance, merchantability or fitness for purpose of any goods or services provided under this document is given or assumed by CustomTec and all such conditions, warranties and liabilities (including liability as to negligence) express or implied relating to such goods and services are hereby excluded.
- Notwithstanding clauses 8.2 and
8.1, if this document constitutes a supply of goods or services to a consumer,
as defined in the Act nothing in this document will be construed as excluding,
restricting or modifying any express or implied condition, warranty, right or
remedy conferred by the Act on the Company; and the liability of CustomTec in
respect of a breach of a condition or warranty implied by the Act including
liability for any consequential loss which the Company or any other entity or
person may sustain or incur will be limited at CustomTec’s option to:
(i) supplying of the services again; or
(ii) payment of the cost of having the services supplied again.
To the maximum extent permitted by law but subject to clause 8:
- CustomTec will not be liable to the Company or to any third person for loss of revenue or profit, lost or damaged data, or other commercial or economic loss or for any indirect, incidental, special or consequential damages whatsoever arising from or related to the performance or breach of this document, even if CustomTec has been advised of the possibility of such damages; and,
- The maximum aggregate liability of CustomTec in any connection with this document whether in tort (including negligence), contract, or otherwise shall not exceed the amount of fees payable by the Company under this document in the 3-month period immediately prior to the cause of action arising.
- In addition to any other right
of termination it may have under this document and without prejudice to any
other remedies it may have at law, a party may terminate this document immediately
by written notice to the other if:
a) the other party breaches its obligations of confidence pursuant to clause 7 of this document;
b) the other party commits any material breach of any other provision of this document and fails to remedy such breach within 30 days of receipt of a notice from the other party to do so.
- Either Party may also terminate this document at any time on not less than 1 month’s written notice
- Neither termination of this document nor any payment made in accordance with clause 9 affects any accrued rights or remedies of either party.
- Upon the termination or
expiration of this document:
a) The Company must immediately pay to CustomTec all unpaid amounts due as at the date of termination;
b) CustomTec will invoice the Company for all amounts accrued and not yet billed and the Company must pay such amount within 14 days of receipt of such invoice;
- Termination of this agreement
does not include termination of any other agreements that the Company may have
CustomTec will be relieved of
its obligations under this document (with the exception of any obligation to
pay any amount due under this document) in the event and to the extent that
performance is delayed or prevented by Force Majeure. CustomTec must give the Company immediate
notice of the Force Majeure and must take all reasonable measures to remedy the
situation and to resume performance of this document as soon as reasonably
practicable. If a delay due to Force
Majeure exceeds thirty (30) days, either party may terminate this document
immediately on providing notice to the other.
- Any obligations of a party which are capable of enduring will survive the expiration or termination of this document.
- A single or partial exercise or waiver of a right relating to this document will not prevent any other exercise of that right or the exercise of any other right. A party will not be liable for any loss, cost or expense of any other party caused or contributed to by the waiver, exercise, attempted exercise, failure to exercise or delay in the exercise of a right.
- Each provision of this document is severable from the others and no severance of a provision will affect any other provision
- The Company must not assign, novate or otherwise dispose of any of its rights or obligations under this document without the prior written consent of CustomTec.
- At the time of signing, this document is considered to be the entire agreement between the parties in relation to its subject matter and terminates and supersedes all prior understandings, arrangements or agreements as to that subject matter.
- This document is governed by the laws of New South Wales and each party agrees that any proceedings arising out of this document must be commenced in New South Wales.
Agreed Schedule of Rates – All quoted Ex GST
The table below is the Schedule of Rates for CustomTec supplied Services. Where any future contract with the Company includes differing support rates, then the Schedule of Rates below will be waived according to the future contract inclusion.
|Resource type||Remote Hourly Rate Billed Per 15 min||Onsite Hourly Rate (Min 2 hours)||Onsite Daily Rate|
|Engineer 1 – Desktop||$ 100||$ 120||$ 580|
|Engineer 2 – ServerBA – System Admins||$ 120||$ 150||$ 960|
|Engineer 3 – ServerSystems Engineer – AppsNetwork EngineerUnified Coms Specialist||$ 150||$ 180||$ 1,200|
|Senior Network EngineerTechnical LeaderProject Manager||$ 180||$ 200||$ 1,440|
|Solutions ArchitectVoice Architect||$ 220||$ 220||$ 1,760|
1. Rates quoted are for CustomTec business hours, which are 7am to 7pm Monday to Friday EST, five days a week with Public Holidays excluded.
2. Day rate is available for pre booked 8 hours of on customer premise engagement that is to be performed on a single day, during CustomTec business hours.
3. Remote after hour’s minimum charge is 1 hour.
4. Onsite after hour’s minimum charge is 4 hours.
5. Outside of business hours, excluding public holidays, a rate surcharge of 50% applies.
6. Public holiday surcharge of 100% over listed rates apply.
7. Any out of pocket expenses such as parking are to be met by the customer.
8. No travel time will be charged for Sydney Metropolitan support requests. Outside of Sydney Metropolitan travel is charged at support rates above in both directions.