Terms and Conditions

These Terms and Conditions apply to the supply of products, managed IT services, subscription services, cloud services, hosting, software, website development and design, consulting, support, and any other services provided by All in IT Solutions Pty Ltd (“the Company”) to the Client.

1. Acceptance

The Client is not required to sign these Terms and Conditions for them to apply.

By accepting a quotation or proposal, placing an order, paying an invoice or deposit, or accessing or using any product or service supplied by the Company, the Client confirms that it has read, understood, and accepted these Terms and Conditions.

2. Quotations, Payments and Charges

Charges for products and services are specified in the applicable quotation, proposal, service agreement, order, or invoice.

Quotations remain valid for 30 days from their date of issue unless otherwise stated. The Company may amend or withdraw a quotation after this period.

Project Deposits

Unless otherwise agreed in writing, a minimum deposit of 50% of the total project price is required before work commences or products are ordered or supplied.

Final Project Payments

The remaining balance must be paid before:

• Any website is published or transferred to a live server;

• Final files, source files, credentials, materials, or intellectual property are released;

• Products or equipment are delivered or installed; or

• The completed project is handed over to the Client.

Subscription Payments

All subscription and recurring-service invoices must be paid within seven (7) days of the invoice date.

If payment is not received within seven days, the Company may, without limiting its other rights:

• Suspend access to any affected product or service;

• Disable hosting, email, cloud, software, licensing, support, security, backup, domain-management, or managed IT services;

• Restrict the Client’s access to systems, portals, data, or support;

• Terminate the affected subscription or service; and

• Charge reasonable reactivation, administration, recovery, or reconnection fees.

Suspension or termination does not release the Client from its obligation to pay outstanding invoices or charges incurred during the agreed subscription or contract period.

The Company is not responsible for any loss, interruption, corruption, deletion, or unavailability of data or services resulting from a suspension or termination caused by non-payment.

Payments must be made by EFT, direct debit, credit card, or another payment method approved by the Company. Applicable payment-processing fees may be passed on where permitted by law.

3. Taxes and Third-Party Charges

Unless expressly stated otherwise, all prices exclude GST.

The Client is responsible for third-party charges associated with the services, including licensing, subscriptions, cloud usage, domain registrations, hosting, telecommunications, freight, software, plug-ins, and payment-processing fees.

Third-party charges may change without notice where the relevant supplier changes its pricing, exchange rates, licensing arrangements, or service terms.

4. Retention of Title

Until the Company receives full payment for all products and services:

a) Legal title to supplied goods remains with the Company;

b) Risk passes to the Client upon delivery;

c) The Client holds the goods as bailee for the Company; and

d) The Client must keep the goods identifiable as the property of the Company.

To the extent permitted by law, the Company may recover unpaid goods from the Client following reasonable notice.

5. Products and Equipment

Unless expressly included in the quotation, the following are excluded from the quoted price:

a) Delivery and freight;

b) Installation, setup, configuration, migration, or testing;

c) Cabling, electrical work, mounting, or building modifications; and

d) Removal or disposal of existing equipment.

Product availability, specifications, and delivery dates may be affected by suppliers and are not guaranteed unless confirmed in writing.

6. Client Review and Approval

The Client will be given reasonable opportunities to review project designs, content, functionality, and deliverables.

Unless the Client provides written feedback within seven (7) days after materials are submitted for review, those materials may be treated as approved.

Changes requested after approval may be treated as additional work and charged separately.

7. Project Timeframes and Client Delays

The Company will use reasonable efforts to complete work within agreed timeframes. Any timeframe provided is an estimate unless expressly guaranteed in writing.

The Company is not responsible for delays caused by:

• The Client’s failure to provide content, information, decisions, approvals, access, or payment;

• Third-party providers or suppliers;

• Technical issues outside the Company’s reasonable control;

• Scope changes or additional requests; or

• Events beyond the Company’s reasonable control.

Client-caused delays may extend delivery dates and result in additional charges.

8. Client Content and Responsibilities

The Client must provide all required text, images, branding, data, credentials, approvals, and other materials in a suitable format and within the requested timeframe.

If required materials are not provided within seven (7) days of a request, the Company may place the project on hold, revise the completion date, charge additional costs, or close the project and invoice all work completed and committed costs.

The Client is responsible for checking the accuracy and completeness of all content before approving publication or deployment.

9. Invoicing

Project invoices are payable within seven (7) days of the invoice date, unless another due date is stated on the quotation or invoice.

Subscription and recurring-service invoices are payable within seven (7) days of the invoice date.

Invoices are issued electronically unless otherwise agreed.

Any genuine invoice dispute must be submitted in writing before the due date, identifying the disputed amount and reasons. The undisputed portion remains payable by the original due date.

10. Additional Work and Expenses

Work outside the agreed scope may be quoted separately or charged at the Company’s applicable hourly rate.

The Client agrees to reimburse the Company for approved or reasonably required third-party expenses, including stock images, fonts, licences, plug-ins, integrations, couriers, travel, accommodation, specialist services, and cloud usage.

11. Managed IT and Support Services

The Company will provide managed IT and support services according to the applicable quotation, service agreement, or subscription plan.

Unless expressly included, services do not provide unlimited support, guaranteed response or resolution times, continuous monitoring, guaranteed cybersecurity protection, or protection against every outage, attack, hardware failure, or data-loss event.

The Client must maintain appropriate licences, warranties, internet services, cybersecurity controls, backups, insurance, and staff procedures as reasonably recommended by the Company.

12. Hosting, Cloud and Subscription Services

Hosting, cloud, software, licensing, backup, email, telecommunications, domain, and similar services may rely on third-party suppliers.

These services are subject to supplier availability, acceptable-use policies, licensing conditions, service limits, and price changes.

The Company does not guarantee that any third-party service will be uninterrupted, error-free, permanently available, or compatible with every system.

13. Overdue Accounts and Payment Default

An account is in default where:

• A subscription or recurring-service invoice remains unpaid more than seven (7) days after the invoice date; or

• A project or product invoice remains unpaid after its stated due date.

If an account is in default, the Company may:

a) Suspend or terminate any product or service;

b) Remove, disable, or restrict hosted content, websites, licences, systems, or accounts;

c) Stop all current or future work;

d) Withhold products, credentials, files, data, or project deliverables;

e) Require payment in advance before recommencing services; and

f) Recover reasonable debt-collection, legal, administrative, and reactivation costs, where permitted by law.

Services will not necessarily be restored automatically after payment. Restoration may depend on technical availability, payment of applicable fees, and the Client entering into a new service arrangement.

14. Termination

Either party may terminate a project or non-fixed-term service by providing written notice, subject to any minimum term or notice period stated in the applicable agreement.

The Company may suspend or terminate services immediately where:

• An invoice remains unpaid after its due date;

• The Client breaches these Terms and fails to remedy the breach after receiving reasonable notice;

• Continued service creates a security, legal, reputational, operational, or financial risk;

• The Client engages in unlawful, abusive, fraudulent, or unacceptable conduct; or

• A third-party supplier withdraws or terminates a required service.

On termination, all completed work, outstanding invoices, committed third-party costs, cancellation fees, and charges for the remaining minimum contract term become payable within seven (7) days, to the extent permitted by law.

Following termination, the Company may delete Client data after providing reasonable notice, subject to legal, regulatory, backup, and record-retention requirements.

The Client is responsible for arranging the export or transfer of its data before termination.

15. Website Browser and Device Compatibility

Websites are tested against current versions of commonly used browsers, including Chrome, Edge, Firefox, and Safari.

The Company does not guarantee compatibility with outdated browsers, future browser versions, unsupported devices, third-party extensions, or operating-system changes.

Additional compatibility work may be charged separately.

16. Intellectual Property and Copyright

The Client warrants that it owns or has permission to use all text, images, logos, trademarks, software, data, and other materials supplied to the Company.

The Client indemnifies the Company against claims arising from materials supplied or approved by the Client that infringe another person’s intellectual-property rights.

Unless otherwise agreed in writing:

• The Company retains ownership of its pre-existing tools, templates, code, systems, methods, processes, and know-how;

• Ownership of custom final deliverables transfers only after full payment;

• Third-party software, images, fonts, licences, and components remain subject to their respective licence terms; and

• Drafts, concepts, unused designs, and development materials remain the Company’s property.

17. Standard Media Delivery

Text must be provided electronically, and images must be supplied in an appropriate high-quality digital format.

The Company is not responsible for poor-quality results caused by incomplete, incorrect, corrupted, or low-resolution materials supplied by the Client.

The safe return or continued storage of physical or digital materials is not guaranteed unless agreed in writing.

18. Design Credit

Unless otherwise agreed in writing, the Company may include a small design or development credit on a Client website and may identify completed work in its portfolio and marketing materials.

19. Access and Credentials

The Client must provide all credentials, permissions, licences, and access reasonably required to perform the services.

The Client authorises the Company to access and modify relevant systems for the purpose of delivering the agreed services.

The Client must maintain secure copies of important credentials and notify the Company promptly when access should be changed or removed.

20. Third-Party Changes

The Company is not responsible for errors, outages, security incidents, compatibility issues, or damage caused by the Client, another service provider, or any third party after delivery or without the Company’s authorisation.

Work required to investigate or correct third-party changes may be charged separately.

21. Domain Names

The Company may register, renew, or manage domain names on the Client’s behalf.

The Client is responsible for:

• Providing accurate registration information;

• Paying registration and renewal charges on time;

• Ensuring that the domain does not infringe another party’s rights; and

• Monitoring renewal dates unless domain management is included in an active paid service.

The Company is not responsible for loss of a domain caused by non-payment, expired registration details, registry decisions, transfer delays, or circumstances outside its reasonable control.

22. Social Media and Marketing Services

Unless otherwise stated, social media management and ongoing marketing services require a minimum three-month term, with monthly payments made in advance.

Invoices must be paid within seven (7) days of the invoice date. The Company may suspend or terminate marketing services if payment is not received by the due date.

Advertising spend, platform fees, influencer charges, printing, stock content, and other third-party expenses are excluded unless expressly included.

The Company does not guarantee specific rankings, sales, leads, engagement, or other commercial outcomes.

23. Indemnity

To the extent permitted by law, the Client indemnifies the Company against loss, damage, liability, claims, and reasonable costs arising from:

• The Client’s unlawful or improper use of products or services;

• Content, instructions, data, or materials supplied by the Client;

• The Client’s breach of these Terms; or

• The Client’s infringement of another party’s rights.

24. Liability

To the maximum extent permitted by law, the Company is not liable for:

• Indirect, incidental, special, or consequential loss;

• Loss of profit, revenue, opportunity, goodwill, or anticipated savings;

• Data loss or corruption;

• Business interruption;

• Third-party service failures;

• Cyberattacks or unauthorised access not caused by the Company’s failure to exercise reasonable care; or

• Delays or failures outside the Company’s reasonable control.

Where liability cannot lawfully be excluded, the Company’s total liability is limited, at its option and to the extent permitted by law, to:

• Supplying the affected services again;

• Paying the reasonable cost of having the affected services supplied again;

• Repairing or replacing affected goods; or

• Refunding the amount paid for the specific affected product or service.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, remedy, or liability that cannot lawfully be excluded under the Australian Consumer Law.

25. Force Majeure

The Company is not liable for delays or failure caused by events beyond its reasonable control, including natural disasters, fire, flood, war, industrial action, telecommunications failures, supplier outages, cyber incidents, government action, pandemics, or utility failures.

26. Privacy and Confidentiality

Each party must take reasonable steps to protect confidential information received from the other party.

The Company may collect, store, process, and disclose Client information as reasonably required to supply the services, administer accounts, comply with the law, and work with approved suppliers.

The Client is responsible for ensuring it has all necessary permissions and consents before providing personal information to the Company.

27. General Provisions

These Terms, together with any accepted quotation, proposal, service agreement, or invoice, constitute the agreement between the parties and supersede prior discussions relating to the same products or services.

If there is an inconsistency, the following order of priority applies:

1. A signed service agreement;

2. An accepted quotation or proposal;

3. These Terms and Conditions; and

4. An invoice.

The Client may not transfer its rights or obligations without the Company’s written consent.

A failure or delay by the Company to enforce a right does not waive that right.

28. Governing Law

These Terms are governed by the laws of New South Wales, Australia. The parties submit to the courts and tribunals having jurisdiction in New South Wales.

29. Severability

If any provision is found to be invalid or unenforceable, it will be read down to the extent necessary. If it cannot be read down, it will be removed without affecting the remaining provisions.