Terms of Service

Last updated: December 2024

These Terms of Service ("Terms") govern your use of the Chrometech website and services. By accessing our website or using our services, you agree to be bound by these Terms.

1. Services Description

Chrometech provides managed IT services including:

  • IT support and helpdesk services
  • Cloud migration and management
  • Cybersecurity and compliance services
  • Hardware procurement and deployment
  • Backup and disaster recovery solutions
  • Network monitoring and management

2. Acceptance of Terms

By accessing our website or engaging our services, you acknowledge that:

  • You have read, understood, and agree to be bound by these Terms
  • You have the legal authority to enter into this agreement
  • You will comply with all applicable laws and regulations

3. Service Agreements

3.1 Individual Service Contracts

Specific IT services will be governed by separate service agreements that detail:

  • Scope of services
  • Service level agreements (SLAs)
  • Pricing and payment terms
  • Performance metrics
  • Support procedures

3.2 Service Modifications

We reserve the right to modify our services with reasonable notice to clients. Material changes will be communicated at least 30 days in advance.

4. Client Responsibilities

As a client, you agree to:

  • Provide accurate and complete information
  • Cooperate with our technical team
  • Maintain appropriate security practices
  • Comply with software licensing requirements
  • Provide timely access to systems and facilities
  • Follow our security policies and procedures

5. Payment Terms

5.1 Fees and Billing

  • Services are billed according to agreed pricing schedules
  • Payment terms are typically net 30 days unless otherwise agreed
  • Late payments may incur interest charges
  • Disputed charges must be reported within 30 days

5.2 Taxes

All fees are exclusive of applicable taxes, duties, and charges, which are the client's responsibility.

6. Intellectual Property

6.1 Our Intellectual Property

All content, trademarks, and intellectual property on our website and in our services remain our property or that of our licensors.

6.2 Client Data

You retain ownership of your data. We may access client data only as necessary to provide services and will protect it according to our Privacy Policy.

7. Confidentiality

Both parties agree to:

  • Keep confidential information secure
  • Use confidential information only for authorized purposes
  • Return or destroy confidential information upon request
  • Implement appropriate security measures

8. Data Security and Privacy

We implement industry-standard security measures including:

  • Encryption of data in transit and at rest
  • Regular security audits and assessments
  • Access controls and authentication
  • Incident response procedures
  • Compliance with applicable privacy laws

9. Service Level Agreements

Service levels are defined in individual service agreements and typically include:

  • Response time commitments
  • Uptime guarantees
  • Performance metrics
  • Escalation procedures
  • Service credits for failures to meet SLAs

10. Limitation of Liability

To the maximum extent permitted by law:

  • Our total liability is limited to the fees paid in the 12 months preceding the claim
  • We are not liable for indirect, consequential, or punitive damages
  • We are not liable for third-party actions or service interruptions
  • Force majeure events are excluded from liability

11. Indemnification

Each party will indemnify the other against claims arising from:

  • Breach of these Terms or applicable laws
  • Negligent or wrongful acts
  • Infringement of third-party rights

12. Termination

12.1 Termination Rights

  • Either party may terminate with 30 days written notice
  • Immediate termination for material breach
  • Termination for insolvency or bankruptcy

12.2 Effect of Termination

  • All outstanding fees become immediately due
  • Data return or destruction as requested
  • Confidentiality obligations continue
  • Accrued rights and obligations survive

13. Force Majeure

Neither party is liable for delays or failures due to circumstances beyond reasonable control, including:

  • Natural disasters
  • Government actions
  • Internet or telecommunications failures
  • Cyber attacks affecting third-party services

14. Governing Law

These Terms are governed by the laws of Australia and the state/territory where our principal office is located. Disputes will be resolved in the courts of that jurisdiction.

15. Dispute Resolution

15.1 Negotiation

Disputes should first be addressed through good-faith negotiation between senior representatives.

15.2 Mediation

If negotiation fails, disputes may be referred to mediation before pursuing legal action.

16. General Provisions

16.1 Entire Agreement

These Terms, together with specific service agreements, constitute the entire agreement between the parties.

16.2 Modifications

We may modify these Terms with reasonable notice. Continued use of services constitutes acceptance of modifications.

16.3 Severability

If any provision is found unenforceable, the remainder of these Terms remains in effect.

16.4 Assignment

Neither party may assign rights or obligations without written consent, except in connection with a merger or acquisition.

17. Contact Information

For questions about these Terms, please contact us:

Email: hello@chrometech.com.au

Phone: +61 2 8123 4567

Address:
Level 8, 123 Collins Street
Melbourne VIC 3000

18. Acknowledgment

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms, please do not use our services.

These Terms of Service are designed to comply with Australian Consumer Law and other applicable regulations. Nothing in these Terms excludes, restricts, or modifies rights or remedies that cannot be excluded, restricted, or modified under the Competition and Consumer Act 2010 (Cth) or other applicable consumer protection laws.