Terms & Conditions
Melbourne West IT Solutions – Terms of Service
Effective Date: 15 November 2024 Last Updated: 18 Jan 2026
These Terms of Service (“Terms”) govern all services provided by Melbourne West IT Solutions (“MWITS”, “we”, “us”, “our”) to the Client (“you”, “your”). By engaging our services, you agree to these Terms.
These Terms apply to all service categories, including:
Break/Fix IT Support
Remote Support
On‑Site Support
Managed Services
Cybersecurity Services
Domain Name Services
Website Hosting
Email Hosting
Emergency Services
Project Work
Consulting
Hardware/Software Procurement
1. Definitions
1.1 Services – All IT support, repairs, cybersecurity, networking, hosting, domain, consulting, and related services provided by MWITS. 1.2 Client – The individual or entity engaging MWITS. 1.3 Agreement – Formed when a service is booked, confirmed, or delivered. 1.4 Business Hours – Monday–Friday, 8:00 AM to 8:00 PM (excluding public holidays). 1.5 Emergency Services – Any service requested outside Business Hours. 1.6 Managed Services – Ongoing IT support delivered under a subscription or retainer agreement. 1.7 Third‑Party Providers – Vendors, registrars, hosting providers, software vendors, cloud platforms, and infrastructure providers outside MWITS’ control. 1.8 Zone 1 – Areas within 20 km of Melton. 1.9 Zone 2 – Western suburbs beyond Zone 1.
2. Acceptance of Terms
2.1 By requesting services, accepting a quotation, approving a proposal, paying an invoice, submitting an order, or continuing to use services provided by MWITS, the Client agrees to be bound by these Terms. 2.2 If the Client engages MWITS on behalf of a business, organisation, or third party, the Client warrants that they are authorised to do so.
3. Scope of Services
3.1 These Terms apply to all on‑site, remote, managed, hosting, domain, and cybersecurity services. 3.2 Services are delivered during Business Hours unless otherwise agreed. 3.3 MWITS may refuse service if the environment is unsafe, inaccessible, or non‑compliant. 3.4 Services are limited to the issues described at booking unless otherwise approved.
4. Service Availability
4.1 MWITS strives to provide prompt service but may reschedule due to emergencies, illness, or technician availability. 4.2 Clients will be notified as early as possible. 4.3 Rescheduling by MWITS does not entitle the Client to a refund.
5. Travel Zones & Fees
5.1 On‑site services are available across Melbourne’s western suburbs. 5.2 Travel fees apply beyond Zone 2 and will be disclosed prior to booking. 5.3 MWITS may decline service requests for excessively distant locations.
6. Pricing & Billing
6.1 Standard Rates:
Remote & On‑Site Support: $120/hour
Emergency Services: +50% surcharge
Minimum On‑Site Charge: 1 hour
Minimum Remote Charge: 1 hour
6.2 After the first hour, billing is in 30‑minute increments. 6.3 Payments are due immediately upon service completion unless otherwise agreed. 6.4 Invoices not paid within 7 days may result in suspension of services. 6.5 Repeat late payments may require prepayment for future services.
6.6 Chargebacks
Unauthorised or fraudulent chargebacks may be treated as a breach of these Terms. MWITS may recover reasonable costs associated with investigating or disputing such chargebacks.
7. Service Suspension
7.1 MWITS may suspend, restrict, or terminate services where:
invoices remain overdue;
security risks exist;
abuse, harassment, or unacceptable conduct occurs;
legal or regulatory compliance requires suspension;
service continuation creates operational, cybersecurity, or infrastructure risk.
7.2 Suspension does not waive the Client’s obligation to pay outstanding or ongoing charges. 7.3 Services may be reinstated once the cause of suspension is resolved to MWITS’ satisfaction.
8. No Fix, No Fee Guarantee
8.1 Applies only when MWITS cannot resolve the issue or provide a viable alternative. 8.2 Does not apply when:
Issues are caused by manufacturer limitations or proprietary restrictions
The Client provides incorrect or incomplete information
The Client declines recommended repairs, upgrades, or replacements
Issues are intermittent, malware‑related, or caused by third‑party outages
Unsupported or end‑of‑life hardware is involved
8.3 Diagnostic fees may still apply unless explicitly waived.
9. Follow‑Up Assurance
9.1 One (1) free follow‑up visit is provided if the same issue persists. 9.2 Conditions:
Request must be made within 7 days
Device/system must remain unaltered
Applies only to the original issue
10. Cancellations & No‑Shows
10.1 Cancellations must be made at least 24 hours prior. 10.2 Late cancellations: $20 fee 10.3 No‑shows: $20 fee 10.4 Repeated cancellations may require prepayment.
11. Client Responsibilities
The Client agrees to:
Provide accurate information
Ensure safe access to equipment
Maintain valid software licences
Back up all data prior to service
Provide required passwords, credentials, and access
Maintain a safe working environment
MWITS is not liable for delays caused by missing information or unsafe conditions.
12. Data Responsibility & Liability
12.1 The Client is solely responsible for data backups unless a managed backup service is purchased. 12.2 MWITS takes reasonable precautions but is not liable for data loss unless caused by gross negligence. 12.3 No guarantee is made for data recovery success.
13. Service Limitations
13.1 Services apply only to issues described at booking. 13.2 New issues discovered during service may incur additional charges. 13.3 MWITS is not responsible for:
Third‑party outages
ISP issues
Cloud provider downtime
Software bugs
Unsupported or end‑of‑life hardware
Manufacturer restrictions
14. Client Decisions
14.1 All recommendations, advice, or guidance provided by MWITS are advisory only. 14.2 Final decisions regarding implementation, configuration, upgrades, replacements, or security controls remain solely the Client’s responsibility. 14.3 To the extent permitted by law, MWITS is not responsible for outcomes arising from Client decisions, delayed approvals, refusal of recommendations, or implementation choices.
15. Warranty
15.1 Hardware carries manufacturer warranty only. 15.2 MWITS provides a 14‑day warranty on repair labour for the original issue only. 15.3 Warranty is void if:
The device is altered
New software/hardware is installed
External factors (power surges, malware, etc.) cause new issues
16. Right to Refuse Service
MWITS may refuse or terminate service if:
The environment is unsafe
The Client is abusive or non‑compliant
Illegal, fraudulent, or malicious activity is suspected
17. Collection Fees
17.1 If any invoice remains unpaid after the due date, MWITS reserves the right to forward the outstanding amount to a debt collection agency or legal representative for recovery without further notice.
17.2 The Client is fully responsible for all costs associated with debt recovery, including but not limited to:
collection agency fees;
legal fees;
administrative fees;
court filing fees;
enforcement costs;
interest charges;
any additional reasonable expenses incurred by MWITS in recovering the debt.
17.3 Interest may accrue on overdue amounts at a rate of 5% per week (or the maximum permitted by law) until the balance is paid in full.
17.4 Referral of an overdue account to collections does not waive MWITS’ right to suspend, restrict, or terminate services under these Terms
18. Non‑Solicitation
Clients may not solicit or hire MWITS staff or contractors for 12 months after service completion.
19. Feedback & Complaints
19.1 Clients are encouraged to raise any concerns, issues, or complaints directly with MWITS to allow a reasonable opportunity for resolution before escalating externally. 19.2 MWITS will address concerns promptly and professionally.
20. Intellectual Property
Scripts, tools, and custom software created by MWITS remain MWITS’ property unless transferred in writing.
21. Ownership of Goods
21.1 All hardware, equipment, licences, subscriptions, and materials supplied by MWITS remain the property of MWITS until paid for in full. 21.2 MWITS may suspend, restrict, reclaim, transfer, or terminate access to unpaid services, licences, subscriptions, or equipment where permitted by law.
22. Equipment Left On‑Site
MWITS equipment remains our property and must be returned upon request. Fees may apply for non‑return.
23. Privacy
MWITS complies with the Privacy Act 1988 (Cth) and our Privacy Policy.
24. Governing Law
These Terms are governed by the laws of Victoria, Australia.
25. Force Majeure
MWITS is not liable for delays caused by events outside our control.
26. Updates to Terms
Continued use of services constitutes acceptance of updated Terms.
27. Managed Services
27.1 Inclusions
Depending on the plan purchased, Managed Services may include:
Remote support
Monitoring and alerting
Patch management
Basic cybersecurity tools (e.g., antivirus, email filtering, MFA enforcement)
Scheduled maintenance
User onboarding/offboarding
Basic reporting
Vendor liaison (reasonable efforts only)
27.2 Exclusions
Unless explicitly included in writing, Managed Services do not include:
After‑hours support
On‑site visits
Hardware replacement
Third‑party licensing costs
Cloud outages or vendor failures
Major projects or migrations
Data recovery
Custom development
Cyber incident response
Backup storage unless purchased
27.3 SLA Response Targets (Best Effort)
Critical: 2–4 hours
High: Same business day
Medium: 1–2 business days
Low: 3–5 business days
27.4 Billing
Retainer services are billed in advance. Unused hours do not roll over unless stated. Termination requires 30 days’ written notice.
28. Cybersecurity Services
28.1 Cybersecurity reduces risk but cannot eliminate it. 28.2 MWITS is not liable for breaches caused by:
Pre‑existing vulnerabilities
Zero‑day exploits
Weak passwords
Client negligence
Third‑party failures
28.3 Client must maintain:
Strong passwords
Updated systems
Antivirus
MFA where applicable
29. Business Continuity
29.1 The Client remains solely responsible for:
business continuity planning;
disaster recovery planning;
cyber insurance;
testing and validating recovery procedures.
29.2 Recommendations or guidance from MWITS do not transfer operational responsibility for business continuity or disaster recovery.
30. Domain Name Services
(All clauses preserved and professionally rewritten.)
30.1 MWITS may provide domain registration, renewal, transfer, DNS management, and related services through third‑party registrars. 30.2 Client is responsible for accurate registrant information, ABN/ACN eligibility, and timely renewal payments. 30.3 Eligibility checks may occur at any time; MWITS does not control outcomes. 30.4 MWITS is not liable for domain suspension due to invalid eligibility. 30.5 Transfers may involve delays, downtime, or propagation issues. 30.6 DNS changes may take up to 48 hours or longer. 30.7 MWITS is not liable for domain loss, failed renewals, SEO loss, or revenue loss. 30.8 Domains rely on third‑party systems; MWITS is not liable for outages. 30.9 MWITS may suspend domains for unpaid invoices, fraud, or abuse. 30.10 Transfers away may require full payment and verification.
31. Website Hosting Services
31.1 Hosting includes shared hosting, WordPress hosting, VPS hosting, cloud hosting, DNS, SSL, backups, migrations, and related support. 31.2 MWITS uses commercially reasonable efforts to maintain availability but does not guarantee uninterrupted uptime, speed, compatibility, or performance. 31.3 Hosting relies on third‑party datacentres and providers; MWITS is not liable for outages. 31.4 Client must maintain secure passwords, updates, licences, and independent backups unless purchased. 31.5 Fair use applies; excessive usage may result in restrictions. 31.6 MWITS does not guarantee immunity from cyberattacks. 31.7 Backups are not guaranteed unless explicitly included. 31.8 Migration is best‑effort and may involve downtime. 31.9 MWITS may suspend hosting for unpaid invoices, malware, abuse, or illegal content. 31.10 Hosting renews automatically unless cancelled. Renewal periods and billing cycles are defined on quotations or invoices. 31.11 30 days’ written notice is required for cancellation. 31.12 Hosting remains billable during the notice period. 31.13 Early termination within the first 3 months may incur a $99 fee.
31.14 Data Deletion (Updated)
Following cancellation, suspension, or termination, MWITS may permanently remove service data after any applicable retention period.
31.15 Hosting cancellation does not transfer domain ownership. 31.16 MWITS is not liable for downtime, data loss, cyberattacks, SEO loss, or business interruption.
32. Email Hosting Services
32.1 Includes mailbox hosting, Microsoft 365 management, spam filtering, DNS configuration, backups, and migrations. 32.2 Client must not use email services for spam, phishing, fraud, malware, or illegal activity. 32.3 MWITS is not liable for email loss, DNS failures, third‑party outages, or migration issues.
33. Consumer Guarantees
33.1 Nothing in these Terms excludes, restricts, or modifies any rights, guarantees, or remedies available under the Australian Consumer Law (ACL). 33.2 Where MWITS is permitted to limit remedies under the ACL, MWITS does so as permitted by law.
34. Limitation of Liability
34.1 To the maximum extent permitted by law, the total aggregate liability of MWITS for all claims arising out of or in connection with the Services is limited to the lesser of: (a) the total fees paid by the Client in the preceding twelve (12) months; or (b) $10,000 AUD.
34.2 This limitation applies regardless of the nature of the loss or damage.
34.3 MWITS is not liable for:
Data loss
Downtime
Lost profits
Business interruption
Cyberattacks
Third‑party outages
Domain loss
Hosting failures
SEO ranking loss
Loss of goodwill
Indirect or consequential loss
35. Dispute Resolution
35.1 Clients should notify MWITS of any concerns or disputes as soon as reasonably practicable and ideally within thirty (30) days of becoming aware of the issue. 35.2 MWITS will respond within 5 business days. 35.3 Mediation must be attempted before legal action.
36. Termination
36.1 Either party may terminate before service commencement. 36.2 If terminated after commencement, all work completed is billable and non‑refundable. 36.3 MWITS may terminate services for non‑payment, abuse, or breach of these Terms.
37. Entire Agreement
These Terms constitute the entire agreement between MWITS and the Client.