Legal
Terms of service
These Terms of Service (“Terms”) govern your use of the ERP, business process, managed IT, consulting and related services provided by SyncBricks Technologies(“SyncBricks”, “we” or “us”). By engaging our services, you agree to these Terms. Where a signed Service Agreement or Statement of Work says something different, that document applies.
Entity: SyncBricks Technologies
ABN: 99 257 759 706
Email: [email protected]
Location: Melbourne, Victoria, Australia
1. Services
SyncBricks provides services including, but not limited to:
- Business process mapping and re-engineering
- ERP selection, implementation, integration and data migration
- Managed IT support, including helpdesk, monitoring and device management
- Security services, including Essential Eight aligned controls and firewall management
- Cloud and Microsoft 365 setup, migration and administration
- Backup, recovery and business continuity
- IT planning and advice
Specific services, deliverables and timelines are set out in a Service Agreement or Statement of Work provided before work starts.
2. Pricing
- Managed services: monthly fees based on the number of users or devices under management.
- Project work: one-off projects, such as ERP phases, migrations, implementations and audits, are quoted separately and agreed in writing before work starts.
- Third-party costs: software licences, cloud subscriptions and other third-party services are billed at cost or paid directly by the client.
All prices are in Australian dollars (AUD) and exclude GST unless stated otherwise. Recurring prices may be reviewed annually, with notice. See how pricing works.
3. Payment terms
Unless your Service Agreement or Statement of Work says otherwise:
- Billing cycle: managed services are invoiced monthly in advance; project work is invoiced as set out in the quote.
- Payment terms: 14 days from the invoice date.
- Payment methods: bank transfer (EFT), credit card or direct debit.
- Late payments: overdue amounts may incur interest at 2% per month (24% per annum) or the maximum rate permitted by law, whichever is lower.
- Suspension: we may suspend services for accounts more than 30 days overdue, after giving written notice.
4. Service levels
Any service levels, response targets, support hours and reporting that apply to your services are set out in your Service Agreement. Scheduled maintenance is communicated in advance and carried out outside business hours where possible.
5. Client responsibilities
You are responsible for providing accurate information, timely access to people and systems, and decisions needed for the work to proceed. You retain ownership of your data, accounts and licences.
6. Limitation of liability
To the maximum extent permitted by law:
- Our total liability for any claim arising from our services is limited to the amount paid by the client in the 12 months before the claim.
- We are not liable for indirect, consequential or incidental loss, including loss of profits, data, business opportunities or goodwill.
- We are not liable for loss resulting from client misuse of systems, unauthorised access due to client negligence, force majeure events or third-party service failures.
- Nothing in these Terms excludes, restricts or modifies any right or guarantee that cannot be excluded under the Australian Consumer Law.
7. Termination
- Notice: either party may end a Service Agreement with 30 days written notice, unless the agreement states a different term.
- Breach: either party may terminate immediately for a material breach that is not remedied within 14 days of written notice.
- Fees: the client is responsible for fees incurred up to the termination date. We will provide reasonable assistance with the transition to a new provider.
- Data return: on termination, we will return client data in a standard format within 14 days at no additional cost.
8. Governing law
These Terms are governed by the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria and any courts entitled to hear appeals from those courts.
Disputes arising from these Terms or our services will first be addressed through good-faith negotiation. If unresolved, they will be referred to mediation in Melbourne, Victoria before any litigation.
9. Changes to these Terms
We may update these Terms from time to time. Material changes will be communicated to clients in writing at least 30 days before they take effect. Continuing to use our services after changes take effect means you accept the updated Terms.
Contact
For questions about these Terms, contact us at [email protected]. See also our privacy policy.