Last updated: 15/10/2023

These terms and conditions (“Terms”) govern your use of managed IT services, web hosting, web development, and VOIP services provided by Fine IT Pty Ltd (“we,” “us,” or “our”). Please carefully read and understand these Terms, as they constitute a legally binding agreement between you and Fine IT Pty Ltd.

1. Acceptance of Terms

By using our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please refrain from using our services.

2. Service Description

Fine IT Pty Ltd offers managed IT services, web hosting, web development, and VOIP services. The specific features and terms for each service may be detailed in separate agreements, which are incorporated into these Terms.

3. Account Registration

For some services, you may need to create an account. You are responsible for maintaining the confidentiality of your account information and ensuring that it is accurate and up to date. You are also responsible for all activities that occur under your account.

4. Payment and Fees

Payment terms and fees for our services are outlined in separate agreements or invoices. You agree to pay all fees as they become due.

5. User Conduct

You agree not to use our services for any unlawful or prohibited purpose. You shall not:

  • Engage in any activity that disrupts or interferes with the integrity and performance of our services.
  • Attempt to gain unauthorized access to our systems or any third-party systems connected to our services.
  • Violate any applicable local, national, or international laws and regulations.

6. IT Security and Liability

  • Scope of Responsibilities
    • Fine IT Pty Ltd will provide IT services as outlined in the agreed Service Level Agreement (SLA). However, the client acknowledges that the effectiveness of these services depends on the implementation of robust security measures, regular device patching, vulnerability management, and a comprehensive data backup strategy.
  • Client Responsibilities
    • The client is responsible for ensuring that adequate security systems, such as firewalls, antivirus software, and encryption protocols, are in place.
    • The client must maintain up-to-date device patching and vulnerability management processes to mitigate risks.
    • The client is required to implement a reliable data backup system to safeguard critical information.
  • Limitation of Liability
    • Fine IT Pty Ltd shall not be held liable for any data loss, security breaches, or other incidents arising from:
      • Absence of adequate security measures.
      • Failure to apply timely patches or address known vulnerabilities.
      • Lack of a comprehensive data backup system.
    • Liability for any damages will be capped at [insert amount or percentage], as specified in the SLA.
  • Exclusion of Liability
    • Fine IT Pty Ltd excludes liability for:
      • Loss of profits, revenue, or reputation resulting from cyberattacks or data breaches.
      • Incidents caused by third-party software or hardware vulnerabilities not under Fine IT Pty Ltd’s control.
      • Indirect or consequential damages resulting from IT system failures.
  • Indemnity Clause
    • The client agrees to indemnify Fine IT Pty Ltd against claims, damages, or losses arising from the client’s failure to implement recommended security measures or maintain data backups.
  • Insurance Requirements
    • The client is encouraged to obtain cyber insurance to cover potential losses due to cyberattacks, ransomware incidents, or data breaches.
  • Exclusions from Warranty
    • Any warranties provided by Fine IT Pty Ltd do not extend to incidents caused by the absence of proper security systems or backups.
  • Acknowledgment
    • By signing this agreement, the client acknowledges their understanding of these terms and accepts full responsibility for any risks associated with insufficient security measures.

 

7. Privacy

Our privacy practices are detailed in our Privacy Policy. By using our services, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.

8. Intellectual Property

All content and materials provided as part of our services are protected by copyright and other intellectual property rights. You may not use, reproduce, or distribute our content and materials without our express written permission.

9. Termination

We reserve the right to terminate or suspend your access to our services, with or without cause and with or without notice. You may also terminate your use of our services at any time, subject to any contractual obligations.

10. Limitation of Liability

We do not guarantee that our services will be error-free, uninterrupted, or secure. To the extent permitted by law, we disclaim all warranties, including implied warranties of merchantability and fitness for a particular purpose.

11. Indemnification

You agree to indemnify and hold Fine IT Pty Ltd, its officers, employees, and partners harmless from and against any claims, losses, or damages, including legal fees, arising out of your use of our services.

12. Governing Law

These Terms are governed by the laws of [Jurisdiction]. Any disputes related to these Terms or our services will be resolved in the appropriate courts of [Jurisdiction].

13. Changes to Terms

We may modify these Terms at any time. We will notify you of any material changes. Your continued use of our services after such modifications will constitute your acceptance of the revised Terms.

14. Contact Information

If you have any questions or concerns regarding these Terms or our services, please contact us at:

Fine IT Pty Ltd
Suite 317/4 Columbia Ct, Norwest NSW 2153
E: [email protected]
P: 1800 346 348

Thank you for choosing Fine IT Pty Ltd. We look forward to serving your IT needs.

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