Terms & Conditions

1. Provision of Services contract

1.1 Wiseman Tech Pty Ltd (Trading as Ginko IT) will provide you with the hardware and services set out in your confirmed Purchase Order. Only that hardware and those services will be provided by Wiseman Tech Pty Ltd (Trading as Ginko IT) and any amendments, addons or schedule changes must be agreed to in writing and will incur additional costs.

2. Agreement Period

2.1 This agreement stipulates a minimum agreement period of one year on all maintenance and hosted services

3. Service Level Agreement

3.1 Wiseman Tech Pty Ltd (Trading as Ginko IT) provides a Service Level Agreement which outlines a guide for Service failure and response times expected. A copy of the Service Level Agreement will be sent to you on request.

3.2 Whilst all reasonable efforts are made to comply with the Service Level Agreement, you acknowledge that it is only a guide and a breach of the Service Level Agreement on Wiseman Tech Pty Ltd (Trading as Ginko IT) behalf, whether or not it was avoidable, shall not constitute a reason to terminate this agreement.

4. Payments

4.1 You must pay all charges as set out in the Purchase Order. You will remain liable for all fees and charges during any period when Services or Hardware has been discontinued or suspended due to failure on your part to comply with these contract terms.

4.2 You are liable to pay overdue interest at 1% per week on any amounts not paid within the specified dates of the invoice. All intellectual property rights shall remain the sole property of Wiseman Tech Pty Ltd (Trading as Ginko IT).

4.3 Any third-party products or services obtained by Wiseman Tech Pty Ltd (Trading as Ginko IT) on behalf of the client require full payment by the client.

4.4 Wiseman Tech Pty Ltd (Trading as Ginko IT) reserves the right to discontinue, suspend or terminate your services in the event of non-payment; however, Wiseman Tech Pty Ltd (Trading as Ginko IT) cannot be held liable for damages, whether directly or indirectly caused by such actions

5. Limitations of Liability.

5.1 All terms and conditions, warranties, undertakings, inducements, whether expressed or implied, statutory or otherwise relating to the provision of hardware or services by Wiseman Tech Pty Ltd (Trading as Ginko IT) not contained in the agreement are excluded and Wiseman Tech Pty Ltd (Trading as Ginko IT) will not accept liability for any loss or damage (including consequential loss or damage) however caused (whether by negligence or otherwise) which may be suffered or incurred or which may arise directly or indirectly with respect to the hardware or services.

5.2 You acknowledge that Wiseman Tech services cannot be guaranteed to be 100% error free and acknowledge the existence of errors falling short of a complete failure of consideration in the hardware or services provided shall not constitute a reason to terminate this agreement.

6. Cancellations

6.1 The customer can cancel at any time with thirty (60) days’ notice. If the customer service is subject to a term commitment (Contract) a cancellation fee equal to the remainder of the contracts monthly commitment multiplied by the number of months remaining will become due. If your payment method is Credit Card, this will be debited on day 60 of your cancellation, if payment via Credit Card fails, client will be denied access to equipment and services until payment is met.

6.2 Notice must be given in writing by a director of the account holder.

7. Termination

7.1 Wiseman Tech Pty Ltd (Trading as Ginko IT) reserves the right to terminate this agreement at any time with thirty (30) days advance notice. Wiseman Tech Pty Ltd (Trading as Ginko IT) reserves the right to terminate this agreement immediately without notice in the event of a breach of this agreement.

8. Suspension of Services

8.1 Wiseman Tech Pty Ltd (Trading as Ginko IT) reserves the right to suspend or discontinue services in any case where you fail to perform your obligations under this agreement. If payment for services is not received within the terms of payment stipulated on the invoice, services may be disabled or suspended until payment is confirmed. Wiseman Tech Pty Ltd (Trading as Ginko IT) may from time to time and without notice or liability suspend your services if the reason for doing so is an event beyond the reasonable control of Wiseman Tech Pty Ltd (Trading as Ginko IT)

9. Contents of Website

9.1 Wiseman Tech Pty Ltd (Trading as Ginko IT) makes no representation to you concerning the content of your Website or hard disks. You will be solely responsible for the content, images and/or data stored on your website and/or servers. Wiseman Tech Pty Ltd (Trading as Ginko IT) is not responsible for the proofreading or content unless specifically agreed to in writing. If any image or data is not lawfully obtained or licensed by the Client, explicit permission to use them must be obtained.

9.2 Wiseman Tech Pty Ltd (Trading as Ginko IT) cannot be held liable for the content stored on client servers.

10. Indemnification

10.1 The customer shall indemnify, defend, protect and hold Wiseman Tech and its staff and agents from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants and legal fees, demands, causes of action or judgments directly or indirectly arising out of or related to the services or hardware provided.

11. Technical Support, Changes and Maintenance

11.1 Computers or devices deemed to be out of warranty and in poor repair may incur fees beyond a maintenance agreement.

11.2 Fair use applies to any and all maintenance agreements, if service time equals 2 times the value of the monthly maintenance value by hourly rate then future tickets will be charged above the agreement at our standard hourly rate until the 1st of the next month.

12. Ownership

12.1 Ownership of the Hardware and Services remains the property of Wiseman Tech Pty Ltd (Trading as Ginko IT) until the project has been paid for in full.

12.2 Wiseman Tech Pty Ltd (Trading as Ginko IT) shall be free to reproduce, use, display, exhibit, transmit, perform and create derivative works from the services provided. Further, Wiseman Tech Pty Ltd (Trading as Ginko IT) shall be free to use any ideas or concepts or how to’s or techniques acquired for any purpose whatsoever without providing notice.

12.3 Wiseman Tech Pty Ltd (Trading as Ginko IT) observes Privacy Laws and Guidelines relating to personal data.

13. General

13.1 Wiseman Tech Pty Ltd (Trading as Ginko IT) reserves the right to place a company link on a non-conspicuous location of the Client’s services or Web Site acknowledging their role in designing and managing the services provided.

13.2 Written agreements between us may take the form of letters, formal documents, online proposals or emails.

13.3 Should any part of this agreement become unenforceable in a court of law, it shall not affect the enforceability of the remainder of the agreement or other Wiseman Tech Pty Ltd (Trading as Ginko IT) Terms and Conditions, Notices or Agreements.