GuardCAT Avatar Product Terms

1.0     Our contract with you
These Product Terms apply to the services (“Managed Services”) provided by CommsIT (Australia) Pty Limited ABN 24 147 411 336 (“CommsIT”, “we”, “us” or “our”) to the Customer (“you” or “your”) under our Application Form.

These Product Terms, together with:

Any undefined capitalised terms used in these Product Terms have the same meaning as defined in the Master Terms.

1.1     Managed Services Scope
This Managed Services agreement covers:

  • Office365 adds/moves/changes
  • Unlimited help desk support
  • IT best practice alignment services
  • Virtual CIO services to set and review IT strategy
  • Password Management software for primary contact named in our Application Form
  • For equipment located at sites as specified in our Application Form the Managed Services agreement covers:
    • Remote Monitoring and remediation of alerts
    • Adds/moves/changes of users and configuration of operating system settings
    • Patching of operating system and limited third party applications
    • Supply and monitoring of AntiVirus/malware/ransomware software
    • Proactive maintenance
    • Remote Access to resolve issues

CommsIT, in agreement with you, may supply services outside the scope of the Managed Services agreement at the Rate set out in clause 1.5 in Master Terms on a time and materials basis.

1.2     Service Commencement and Term
Service Commencement occurs upon completion of our client transition process as defined by us.

A client transition process will commence from the Contract Acceptance date specified in our Application Form.

Client transition process activities are covered by the Managed Services setup fee.

Client transition process activities are scoped by CommsIT and may include, but are not limited to:

  • An audit of your IT environment, and
  • Deployment of CommsIT management software.

CommsIT may elect to not commence service if we deem that there are significant operational risks in the environment that may impact our ability to provide our service.

Any remediation works required as a result of the transition audit shall be scoped and priced separately to the customer.

The Managed Service will continue on a subscription basis until cancelled by you in accordance with clause 1.21 of the Master Terms.

1.3    Transitional Support
You may request Transitional Support Services prior to Service Commencement and is in scope in accordance with clause 1.1 of these Product Terms.

1.4     Change of Scope
You can request a change to the Managed Services Scope by submitting a written request to us via email.

We will inform you in writing of any change to the Fees or any other aspect of the Managed Services product arising from a change of scope.

We reserve the right to conduct an infrastructure and number of supported staff audit at any time to review the equipment at locations specified in our Application Form and issue a change to the Fees or any other aspect of the Managed Services product arising from addition of new equipment or additional supported staff.

These Product Terms will be deemed to be amended in accordance with the change of scope.

Any change of scope to this Managed Services Agreement shall be co‐termed to this Agreement unless specifically stated otherwise and agreed by both parties.

1.5     Out of Scope Work
We may supply services outside of the Managed Services Scope:

  • On a time and materials basis,
  • Charged at Rate as defined in clause 1.5 in the Master Terms,
  • Invoiced monthly as a “Extraordinary” item bill.

The billing structure for Out of Scope work is as follows:

  • Service hours are billed in 0.25 hour increments,
  • Minimum 1 hour charge plus travel time charged for onsite calls outside Melbourne CBD.

1.6     Fees
The monthly fees for services will be made up of all of the following:

  • The Monthly Service Fee, and
  • Charges for Out of Scope work.

Fees will be determined by reference to these Product Terms, unless we agree otherwise in writing.

The Set Up Fee is payable upon Contract Acceptance.

The Monthly Service Fee is payable monthly in advance upon Service Commencement or weekly if payment made by credit card or direct debit.

You agree to a minimum spend commitment for the term of this Agreement where the Monthly Fee for any month will not reduce to less than $1500.

CommsIT will invoice at no less than $1500 at the Commencement Date for the term of this agreement.

CommsIT reserves the right to increase Monthly Service Fee at any time and will give thirty (30) days written notice to you prior to any increase.

1.7     General Terms

  • You authorise us to install any remote management tools as we deem necessary to supply our services.
  • Remote management and access to your environment will occur via a secured management link service supplied by us for this purpose.
  • You authorise our access to your environment for the purpose of providing our services.
  • Creating and setting up of replacement users (but excluding new computers) whereby the total number of users under management remains the same, is considered in scope of the agreement.
  • Configuring of up to 2 new workstation devices in any given month is considered in scope of the agreement, workstation devices being set up that exceeds this quota is considered out of scope.
  • CommsIT provide no warranty on the integrity of software released by vendors, including but not limited to patches, hotfixes, updates and device drivers. As such, CommsIT are not liable for any damages caused by the application, automated or otherwise, of this software as part of our Managed Service. Any remedial work to resolve issues caused by the application of vendor released software is out of scope.
  • CommsIT provide no warranty on the effectiveness of anti‐virus and anti‐malware products or service. Any remedial works for issues caused by virus or malware infections that were not captured by the anti‐virus or anti‐malware measures are considered out of scope.
  • Where a vendor or CommsIT has stipulated a hardware and/or software compatibility list or configuration, the client must adhere to these guidelines. Any work arising from non‐compliance with these guidelines will be considered as out of scope.
  • Should you request the supply of support services onsite but where we are capable of supplying the service via remote management, we will treat the request as Out of Scope work.

Out of Scope works includes but is not limited to:

  • Cost of consumables, replacement parts, hardware, software, network upgrades and associated services.
  • Server, Network Device and Software upgrades.
  • The installation of new hardware or software.
  • The installation of manufacturer warranty parts.
  • Hardware repairs.
  • Rectification works arising out of hardware or configuration changes made to any equipment not carried out by an authorised representative of CommsIT.

1.8     Hardware/Software End of Life

  • We are not required to provide support for hardware or software which has reached End of Life. Where we become aware that hardware or software has reached, or is imminently approaching End of Life, we will endeavour to notify you, however, we are not liable for any failure to do so. You must make your own enquiries to determine when hardware and software will reach, or may reach End of Life.
  • “End of Life” means the manufacturer publicised end if life, or end of support period for either hardware or software.

1.9     Scheduled Onsite Visits
Where scheduled onsite visits have been defined in our Application Form, the following terms apply to this service:

  • The frequency and length of the scheduled onsite visits may change throughout the term of the contract by mutual agreement by both parties.
  • Project work is out of scope. Project work is defined as any activity that requires project management and a set delivery date.
  • Any excess support hours are consumed as per the billing structure defined in Section 1.6 of these Product Terms.
  • Scheduled onsite hours may not be pooled or accrued from month to month.
  • CommsIT reserves the right to credit, pro rata, any unattended onsite visits.

You will be charged separately at the Rate as defined in clause 1.5 in the Master Terms for:

  • Any out of scope work requested by you
  • Any onsite support hours in excess of allocation defined in our Application Form