Terms & Conditions | HubOne
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© 2018 HubOne Pty Ltd. All rights reserved.

HubOne Terms and Conditions

HubOne Pty Ltd ABN  16 129 333 795 ("HubOne")

 

 

STANDARD TERMS & CONDITIONS 

These terms were last updated on June 13, 2018

 

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These are HubOne's (“we”, “our” or "us") standard Terms and Conditions which will apply to every contract when you as the Customer engage us to perform services or purchase our products.  When providing our services, we may also need to supply or license product/s.  We reserve the right to amend these Terms and Conditions from time to time at our discretion. Any changes made in such revision take immediate effect once published to our website. The Customer accepts it is their responsibility to periodically access this website to be advised of changes or subscribe to change notifications on this website.

 

ENGAGEMENT

  • HubOne represents and warrants that we have all the necessary skills, knowledge, experience and expertise to perform the services and will perform the service in a proper and competent manner.

  • HubOne holds all necessary licences and permits required in order to allow us to perform the services.  Where there are any applicable industry standards and codes, they will at all times be complied with by us.  HubOne and all our employees and permitted sub-contractors are properly qualified, experienced, licensed (where applicable) and competent to properly perform and will perform the service to the required standards and codes.

  • Where any manuals are required in order for the Customer to enjoy or use the services, the Contractor will provide these to the Customer in such form as the Customer may reasonably require and for no additional fee if provided as such by the Vendor.

  • If an event occurs that is beyond the reasonable control of the Contractor which prevents the Contractor from performing the service on or by any date agreed, the Contractor will immediately notify the Customer and give an estimate of the time for completion of the service.

  • The Contractor will provide all equipment and all materials as may be necessary to properly and efficiently perform the service.  Unless otherwise agreed in writing all materials including products supplied will be new and of high quality fit for their purpose.  All Contractor equipment will be safe for use, be properly maintained and capable of being used to carry out the service.

  • Unless specifically mentioned in a quotation, all work will be performed remotely with no access on site. Email migration will include mailboxes electronically accessible via a public service network; migration of additional mail files stored on hard disks is out of scope. Notwithstanding this clause, The Contractor may choose, at their own discretion to attend customer premises on prior agreement.

  • If the Customer requires a variation to the service, the Contractor will provide a quotation for performing the service as varied which additional sum will be added to the price if accepted by the Customer.  If the Customer does not accept the quotation, the Contractor is not obliged to carry out the variation. Nothing in this agreement means the Contractor is required to provide a quote or enter into any additional services beyond any written scope.

  • The Contractor may use sub-contractors to provide any of the service.  In such circumstances, the Contractor will ensure that:

    • the sub-contractors so engaged are suitably qualified, hold all necessary licences and are otherwise able to perform the service in a proper and workman-like manner;

    • the sub-contractors so engaged do not by act or omission do or not do anything that would if done or not done by the Contractor be a breach any of these terms;

    • the sub-contractors so engaged have current or necessary insurances.

  • The Contractor is solely responsible for all fees payable to sub-contractors.

  • The Customer accepts that any engagement with the Contractor is to assist the Customer implement the software or systems they have chosen. Nothing in this agreement constitutes an outsource. Where the Customer makes a choice not recommended by the Contractor, additional time and charges beyond that first outlined may occur.

ACCEPTANCE OF THESE TERMS

  • Any act by the Customer or those legally acting on behalf of the customer which requests the Contractor to begin performing any services or providing any materials will be deemed as acceptance to these Terms and Conditions.

  • Once these Terms and Conditions are accepted they are irrevocable and cannot be amended without the written consent of the Contractor.

  • In the event there is more than one party as a Customer to these Terms and Conditions, all Customers will be jointly liable for these Terms and Conditions.

  • Should the Customer cancel the engagement of the Contractor after it has been accepted, the Customer agrees they may be held liable for any costs incurred by the Contractor in relation to the provision of the services and/or provision of products up to the point of cancellation.

 

QUOTES, INVOICES AND PAYMENT

  • A quote provided by the Contractor will remain valid for thirty days.  On expiry of that period, if the Customer wishes to proceed a new quote will need to be provided prior to the Contractor undertaking the service.

  • The Customer will pay the Contractor’s fee as detailed on the approved final quotation.  The price will detail any applicable taxes and is the full amount which the Customer will pay for the service.

  • The Contractor will issue a tax invoice for the service setting out the service performed, including any variation and the date the service was performed.  The tax invoice will also separately identify all expenses and any GST payable. This tax invoice will include the final price for the services performed and any goods provided, this price may vary from the quoted price at the discretion of the Contractor.

  • Payment of the Contractor’s tax invoice should be made in the following manner: Credit card, cheque, electronic transfer to the Contractor’s bank account or Cash.

  • Where the Customer fails to pay any tax invoice on or before the due date, the Customer agrees that the Contractor will add interest to the total outstanding amount at the rate of 3% interest per calendar month and that the Customer will be liable to pay an accrued interest in addition to the outstanding amount.

  • In the event the Customer defaults in payment of an invoice, the customer shall indemnify the Contractor from any costs incurred by the Contractor in recovering the outstanding amount, including but not limited to solicitor's fees.

  • In the event the Customer does not respond to requests for information in a timely manner, or the customer requests changes which create unforeseen delays to the deliverables, HubOne will be entitled to charge the customer, at contingency rates for additional time reasonably incurred for such customer created delays.

  • The Customer is not entitled to deduct any invoiced amount from any amounts owing to the Customer by the Contractor.

  • Where the Customer has purchased a product subscription from us, there is a seven-day cooling off period where the customer may cancel the subscription and will receive a refund of all monies paid.

  • Once a customer has accessed the software, and after the seven-day cooling off period they may cancel at any time but will not be refunded any monies paid.

  • Where we offer a credit as a referral bonus, the customer may only use that credit to purchase HubOne products and services at HubOne's discretion. Referral bonuses operate as follows:

    • If the Customer refers a new customer to HubOne, and that new customer uses the Customer's referral code at sign up, the Customer shall receive a credit against future HubOne Purchases when the new customer pays for an active subscription.​

    • If the new customer does not use a referral code, then no credit will apply under any circumstances.

    • Credits are not redeemable for cash.

    • Referral Bonuses are only applicable to annual subscriptions.

 

Occupational Health and Safety/Workplace Health and Safety

  • The Customer will ensure that, if the service is to be performed on the Customer’s property, the Customer is authorised to occupy those premises and obtain the service.

  • The Customer will ensure that if the service is to be performed on the Customer’s property, that at all times the property is safe and that all facilities provided by the Customer for the purposes of enabling the service to be performed are also safe.

  • The Customer will ensure that the Contractor will have unencumbered and unobstructed access to the area/s of the premises requiring the service.

  • The Contractor will ensure that at all times in performing the service it uses safe and proper procedures and practices and that all its employees are properly trained and supervised and observe all proper safety practices.  Where protective equipment, materials or clothing are required these will be provided by the Contractor and the Contractor will ensure that these are used at all relevant times.

  • The Contractor will at all times have current Workers Compensation insurance and will, on request with prior notice, provide evidence to the Customer of its currency.

  • When a customer signs up for subscription billing with the Contractor, you authorise the Contractor to deduct any outstanding amounts already invoiced from your chosen payment method, until all outstanding amounts have been paid and your account is once again in good order.

  • The Customer will at all times treat the Contractor, its employees, agents and subcontractors with professional courtesy and respect common in normal commercial practice. Failure to comply with this cause will allow the Contractor to immediately terminate the agreement and the customer agrees they will pay any expenses and fees up to the time of termination.

 

LIMITATION ON WARRANTY

  • All software and services are supplied or licensed “as-is.” You bear the risk of using them. The Contactor gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, The Contractor excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

  • All statutory warranties that can be lawfully excluded are hereby expressly excluded.

  • To the extent permitted by law, the Contractor is not liable for negligence or otherwise to any person including the Customer for any loss or damage including consequential loss suffered or incurred in relation to the Contractor’s service or products supplied.

  • Where the service is not of the kind ordinarily required for personal, domestic or household use or consumption then the liability of the Contractor is limited pursuant to s.64A of the Competition and Consumer Act 2010 (Cth) to, at the discretion of the Contractor:

    • the supplying of the service again; or (b) the payment of the cost/s of having the service supplied again.

 

JURISDICTION

  • It is agreed by the Parties that these Terms and Conditions will be construed in accordance with the Law of New South Wales and each Party covenants that it submits to the jurisdiction of the Courts of New South Wales for the resolution of any dispute under the Agreement.

 

FORCE MAJEURE

  • Neither the Contractor nor the Customer shall be held liable for any breach of these terms where the breach arises from an act of God, war, natural disaster, terrorism or any other event beyond the reasonable control of either party.

ADDITIONAL TERMS AND CONDITIONS

These Conditions apply to the products we provide our customers, and by ordering the products you agree to be bound by the terms and conditions set out below. Before you order any Support, Service, Software or Hardware, if you have any questions relating to these Conditions please contact us via our Contact Us page.

  • “Conditions” means these terms and conditions

  • “One-off Services” means Services which you order on a one-off basis;

  • “Personal Information” means the personal details provided by you to us;

  • “Support or Services” means the Technical Support Services or Product Services you order under the terms of these Conditions;

  • “Subscription Services and Support Contracts” refers to Services to which you subscribe on an annual or on-going basis;

  • “Us/our/we” means HubOne Pty Ltd, registered in NSW, Australia ACN 129 333 795, our Staff, IT Technicians or Contracted Support Partners;

  • “Website” means the website located at www.hubone.com or any subsequent URL which may replace it

  • “You/Your” means an authorised user of the Services.

  • “Tickets” means the recorded details of any open or closed support request.

You undertake: To pay the amounts due in a timely manner. To notify us of any changes to your personal information that may relate to any contract or service we are providing. That the information you provide is true, accurate and complete in all respects. Not to impersonate any other person or entity, or to use a false name.

The software is licensed "as-is." You bear the risk of using it. HubOne gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, HubOne excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

 

You can recover from HubOne and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.

This limitation applies to

  • anything related to the software, services, content (including code) on third-party Internet sites, or third party programs; and

  • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

  • It also applies even if HubOne knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

Pricing

We reserve the right to modify the price or content, or withdraw, temporarily or permanently some or all of our Products. We will NOT increase any subscription-based Contract by more than 15% in any 12 month period, unless the level of service or features change. We may not advise customers of any changes to subscription contract rates other than in the instance the level of service or features change. We also reserve the right to amend, add, remove or change the terms and conditions of any existing, previous and new contract. All prices quoted exclude GST at current rates, unless otherwise stated. We require cleared funds for all Support Contracts, Support Services, Software and Hardware, prior to being provided unless otherwise specified in an official HubOne quotation. Any hardware provided remains the property of HubOne until all agreed prices have been paid. We reserve the right to amend or withdraw any quoted price for any service, support or hardware. Where you have Microsoft Office 365, we calculate all prices based on the number of active licenses you have for Office 365. Our Software is licensed to you, not sold.

 

Cancellation

You may cancel any Contracts within 7 days from when the account was first activated on the condition that no support, services, software or hardware has been provided within that period. If any support, service, software or hardware has been provided you may not cancel the contract unless alternative payment is made to cover any provided support, software, services or hardware. Without prejudice to our rights or to any other rights we have under the terms of these Conditions, we reserve the right to terminate the provision of the Services to you at any time.

Personal Information

We may need to collect certain Personal Information to provide you with Support, Software and Services. This Personal Information will form part of a record of your dealings with us. When you contact us, we may ask for certain Personal Information to be able to check your identity and may make a note of this contact if it is relevant. We will keep Personal Information given to us by you or others during your relationship with us and other companies in associated with HubOne Pty Ltd. This includes details you give us on order forms or during communications with you, and you agree that we may use and update this information to provide you with other services, to recover debts, to prevent and detect fraud, to update our records, to prevent money laundering and to check your identity. We may use your Personal Information for research and statistical analysis to develop and improve our products and services. When assessing an application, we may use automated decision-making systems. Your Personal Information is confidential and, although we may freely disclose it to other companies associated with HubOne Pty Ltd, we will only disclose it outside these companies when you give us your consent, it is needed by certain reputable third parties involved in running accounts and/or providing services for us (e.g. credit reference agencies), it is needed in order to obtain professional advice, it is needed to investigate or prevent crime (e.g. to fraud prevention agencies), the law permits or requires it, or any regulatory or governmental body requires it, even without your consent or there is a duty to the public to reveal the Personal Information. We may administer your account and provide services from countries outside Australia that may not have the same data protection laws as Australia. However, we will have contracts or other legal mechanisms in place to ensure your Personal Information is adequately protected, and we remain bound by our obligations under the Privacy Act even when your Personal Information is processed outside mainland Australia. We may monitor, record, store and use any telephone, email or other electronic communications with you for training purposes, to check any instructions given to us and to improve the quality of our customer service. Where we process sensitive personal data about you, we will employ appropriate security measures.

Provision of Services

Our Support Services and other Services are provided on a commercially reasonable basis and although HubOne, its Technicians and Support Partners will provide the Support and Services with reasonable skill and care, we make no warranty that the Services will meet your exact requirements or that all the features of the Services will always be available. We shall not be liable where we are unable (using reasonable effort) to provide the Services as a result of any event outside our reasonable control. Our liability shall not in any event include losses related to any business of a customer such as lost data, lost profits or business interruption. We will not be liable for any loss or damage caused by us in circumstances where there is no breach of a legal duty of care owed to you by us and/or such loss or damage is not reasonably foreseeable. We will not be liable for any loss or damage caused wholly or mainly by your breach of these Conditions. If either of us cannot do what we have promised because of something beyond our reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom we are not responsible, or acts of local or central government or other competent authorities, such party will not be liable for this. You must have valid software licenses for all the software you request support or assistance with, and all the hardware should be legally purchased or obtained. We will provide the Technical Support Services to the best of our abilities. We may not be able to advise on all issues or to repair or solve all problems that you ask us to but, to the extent that we cannot advise on an issue or solve a problem we will ensure appropriate advice is provided to obtain further support from associated manufacturers or developers as applicable. In these instances, we are unable to provide any part or full refund for our services as all support, to the extent of providing a solution (in part) is valid and chargeable as per the conditions of our service agreement(s). All technical support enquiries or general enquiries require a support ticket to be raised (for each incident), and any respective payments be made before being actioned. Support tickets can be raised by customers using our online Web Help Desk (https://support.hubone.com), by calling one of our operators, should you have a contract that includes Telephone Support, who will raise the ticket on the your behalf, or by communicating with a member of staff or Technician through e-mail via the address support@hubone.com, who will then raise a support ticket on your behalf. HubOne aims to respond to or acknowledge all new support tickets raised within 1 working hour, with the respective IT Technician (or appropriate member of staff) responding within the service level goal in your specific contract, although during unexpected busy periods or delays outside of our control customers may experience further delays. If a Support Ticket has not been acknowledged or updated within 24 hours of being placed, customers should contact HubOne or a member of staff directly by either phone or e-mail, to check the status of the support ticket. We are unable to offer any compensation or refunds (in part or full) for extended delays, other than extreme circumstances when it can be proven that a support ticket was knowingly ignored or delayed beyond a reasonable time frame as dictated by HubOne.

 

On-site Support

We do not attend customer premises by default with any of our support plans, and on site time is always chargeable on a time and materials basis from when our technician leaves their normal place of employment to when they return. We endeavour to respond to all onsite support requests within 72 hours, prioritising more urgent support as necessary (as dictated by HubOne staff). This allows for a speedy response for genuine computing emergencies ensuring all customers receive the best level of support possible. If a customer requires an immediate ‘same day’ response to what is dictated as a non-urgent response by HubOne staff, a $250 premium hourly rate (ex GST) is applicable – this premium is in part to deter those customers who might abuse our support services at the expense of other customers, but also to cover additional administrative and logistical costs that are incurred with such a response.

 

3rd Party Products

We will not be responsible to you for any third party products, application and/or operating systems, their compatibility, reliability or respective warranty agreements. All hardware and software provided by us is subject to the manufacturers or respective licensed importers conditions of sale, with any warranty claims being handled directly through them. In some instances where a product was supplied DOA (Dead On Arrival) or has failed within 30 days we may be able to replace the item under warranty, but it will depend on the conditions of the manufacturers own warranty procedure – many manufacturers require warranty claims to be handled by the end user and not the reseller. We may not be able to support applications or operating systems which do not present error messages, dialog boxes or any other messages in non-English languages. Many Operating Systems allow us to temporarily convert to English, but if we cannot, we may be unable to resolve the issue.

 

Reasonable care

When you purchase any of our Support Services, we will use reasonable skill and care when attempting to diagnose and repair any software or hardware fault. If a problem we have fixed occurs again within 30 days as a direct result of the same cause(s) we identified when we fixed it the first time, or as a direct result of the work carried out by us, provided you have fully complied with these conditions we will attempt to fix the problem again at no extra charge (excluding any onsite support or additional charges as a result of the repair). If subsequent repairs are required that could have likely appeared at the time of the original repair, additional support charges may apply (assuming those same charges would have applied if the problem had returned, escalated or manifested at the time of the original repair. Additionally, we may be unable to honour any warranty period for any reoccurring faults that develop as a result of software updates, firmware updates, modifications made to the hardware or software by either the end user, the manufacturer, 3rd parties (both in person and software) or effective hardware or software.

 

Service Hours

Our standard opening hours are 9am to 5pm Monday to Friday Australian Eastern Standard Time, although we may be able to provide additional support outside of these hours if approved in advance. We may respond to e-mail or web enquiries at any point of the day or night but do not guarantee a response out of standard working hours. In the event a member of staff is unable to respond to a phone call, you may leave a voicemail. We will endeavour to respond to all voicemails, e-mails and raised support tickets as soon as possible, with all technical enquiries being responded to by an IT Technician typically within the service level goal of your agreement within working hours (if not sooner). Given the nature of the services we do not guarantee a minimum repair time for any reported fault, problem or general enquiry but will continue to review any open ‘tickets’ ensuring a resolution as soon as possible. In the event we have to wait on a 3rd party for either additional information, support, software or hardware we will continue to update you as best as possible.

 

Exclusions

Exclusions to our Unlimited Support Contracts include:

  • Training sessions (planned, groups or anything that requires more than 10 minutes dedicated instruction in total)

  • new hardware or software installations (if a new server, workstation, software rollout or IT system is required a pre-approved quote will be required before any work carried out)

  • repeat faults as a direct result of end users and customers ignoring recommendations provided by us, manufacturers or 3rd parties

  • general misuse of hardware or software

  • unlicensed or illegally obtained hardware or software

  • anything not reasonably considered as “restoring a system to steady working state”.

Exclusions also include anything reasonably considered to be a change to the current environments which shall be quoted separately.

 

Malicious Software

Our IT Technicians are experienced in removing and dealing with Virus’, Malware and Spyware but given their very nature (and the varying causes of infection), we are unable to provide any extended warranty for onsite or offsite support. Our Technicians will typically perform all the necessary tests to diagnose and remove any infections as best as possible, causing as little disruption to you, your computer and your applications as possible but given the repair options vary from “do nothing” to “Wipe the computer”, the varying repairs can have equally varying results. Additionally, in some instances Virus’ and Malware programmes are designed to cause as much havoc when removed as when in place, meaning the removal can often leave a computer in a more fragile state than when infected. In these instances, we will continue to provide any support as required but cannot be held responsible for damages caused as a result of any attempted repairs. All customers should ensure they have a working, reliable backup of all their locally stored data and important information before requesting any support, resulting in potentially ‘aggressive’ repair solutions.

 

Remote Support

Where you wish to avail yourself of Remote Desktop Support, you agree that our agents are entitled to access your Equipment remotely to provide you with the Technical Support Services. Remote Access Support is only available in relation to a Remotely Accessible Device. Remote Desktop Support will be used only where we deem it suitable for your specific Remotely Accessible Device. Where we deem that Remote Desktop Support is suitable for your specific Remotely Accessible Device, you agree that we are entitled to access your Remotely Accessible Device remotely to provide you with the Remote Desktop Support. To use Remote Access Support and for us to access your Remotely Accessible Device, all the component parts of your Remotely Accessible Device must be fully working and fully assembled. Furthermore, your Remotely Accessible Device must have access and a sustained connection to broadband internet, in order to avail yourself of the Remote Desktop Support.

By its very nature, IT and computing in general is very complicated, both in its design and varying uses – as a result, the support required is as complicated and varying. All our Technicians and Support Partners use their own personal training, experience, knowledge and instincts when dealing with customers individual and unique problems, often with varying solutions. All our Technicians will typically suggest or carry out the simplest and most likely repairs before moving on to the next ‘most likely’ solution to whichever problem they may be dealing with. As many problems are intermittent or are present only in particular environments we will often require continued communication from our customers in order to plan or implement the next stage of any solution – this information is invaluable, and without it our technicians will be unable to fully or accurately diagnose any problem.

 

Information We Collect

We would request that you provide us with as much detail as possible regarding any problems you may be experiencing with your computing devices, no matter how small – the more information we have, the better prepared we are to assist you! We may collect the following information: name and job title, contact information including email address, demographic information such as postcode, preferences and interests, and other information relevant to customer surveys and/or offers We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

  • We may use the information to improve our products and services.

  • We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.

  • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail.

  • We may use the information to customise the website according to your interests.

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

 

How we use cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website. See our cookies policy.

 

Links to other Websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question. We do not store any financial information – any details used in the transaction are not kept or made available to us after the transaction has completed. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at support@hubone.com We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen. You may request details of personal information which we hold about you. A small fee will be payable. If you would like a copy of the information held on you please write to us. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible. We will promptly correct any information found to be incorrect.