Terms and Conditions

These Terms and Conditions (“Terms”) govern all services, products, and engagements provided by Fixus IT (ABN 91 480 369 303). These Terms apply to all services and products offered by Fixus IT, including any branded products and platforms operated under separate product names, now or in the future. By engaging Fixus IT — including by accepting a quote, paying an invoice, subscribing to a product, or proceeding with a booking — you agree to be bound by these Terms in full.

1. Acceptance of Terms

1.1 Acceptance of a quote, proposal, invoice, booking, subscription, or service engagement with Fixus IT constitutes full acceptance of these Terms.

1.2 These Terms supersede all prior agreements, representations, or understandings between the parties. Payment of any invoice or deposit implies acceptance.

1.3 Where a separate written agreement (such as a Managed IT Services Agreement or a product-specific subscription agreement) exists between Fixus IT and a client, that agreement takes precedence to the extent of any inconsistency with these Terms. These Terms apply to all other engagements.

2. Services and Products

2.1 IT Services

Fixus IT provides IT services including, but not limited to:

• Remote and on-site IT support (residential and business)
• Microsoft 365 administration and partner services
• DNS and domain management
• Network configuration and troubleshooting
• IT consulting and training
• Data backup and recovery services
• Cybersecurity solutions and endpoint protection
• Hardware and software procurement and installation
• Monthly packaged IT support retainers
• Website management and hosting services

2.2 Subscription Products and Branded Platforms

Fixus IT develops and/or sells subscription-based software products and platforms under various brand names. These include, but are not limited to, tools for IT management, automation, reputation management, and the optimisation of client operations. All such products are services of Fixus IT and are covered by these Terms and any applicable product-specific subscription agreement.

Fixus IT does not guarantee specific outcomes from the use of its subscription products. Results may vary based on individual business circumstances, third-party platform behaviour and policies, and factors outside Fixus IT’s control.

2.3 Retainer Scope

Monthly packaged IT retainers include support hours specifically for remote troubleshooting, consulting, and training. They do not cover additional work such as new device setups, user onboarding or offboarding, advanced network configurations, migrations, hardware installation, or security incident response, unless otherwise agreed in writing.

2.4 Service Updates

Fixus IT reserves the right to update its service and product offerings at any time. Changes apply only to future engagements unless otherwise specified. Fixus IT reserves the right to decline performing any work it reasonably believes would compromise the security, stability, or integrity of a client’s systems or environment.

3. Fees, Rates and Pricing

3.1 All fees are in Australian Dollars (AUD) and are exclusive of GST unless otherwise stated. GST will be added where applicable and shown on invoices.

3.2 Standard Hourly Rates

The following rates apply to standard support services (exclusive of GST):

Rates are subject to change. Current rates are always published at fixusit.com.au/terms.

3.3 After-Hours, Emergency and Public Holiday Rates

The following multipliers apply outside standard business hours (Monday–Friday, 8:00am–6:00pm AWST, excluding public holidays):

An “emergency” means a request requiring same-day or immediate response outside of a pre-scheduled booking, as determined by Fixus IT based on severity and availability.

3.4 Travel costs will be communicated prior to the visit where practicable.

3.5 For specialised or project-based tasks, Fixus IT may provide a flat-rate quote. Acceptance of a flat-rate quote constitutes agreement to that fee regardless of time taken, unless the scope changes materially.

3.6 Subscription product pricing is published on the relevant product website or communicated individually for custom plans. Subscription pricing is subject to change; reasonable notice will be provided for changes affecting existing subscriptions.

3.7 Managed service and retainer pricing is communicated to clients individually and governed by a separate Managed IT Services Agreement.

3.8 All pricing is subject to change at Fixus IT’s discretion. Updated rates apply to future services only.

4. Invoicing and Payment

4.1 Invoices are due within seven (7) days of the issue date unless otherwise specified. Monthly retainers and recurring services are invoiced in advance.

4.2 Additional work performed beyond an agreed retainer or package is billed at the applicable hourly rate and consolidated into the next invoice.

4.3 Overdue payments may result in service suspension after 14 days. Late fees or debt collection charges may apply to accounts overdue by more than 30 days. Fixus IT reserves the right to terminate services for accounts overdue by more than 30 days.

4.4 Cancellation of a subscription service or retainer before the end of the minimum commitment period may incur early termination fees. Refer to the applicable agreement for specific terms.

4.5 Cancellation or rescheduling of a booked appointment requires at least 4 hours’ notice. Where a technician attends and no one is available at the scheduled location, a missed appointment fee of one hour’s labour at the applicable rate will apply.

5. Client Obligations

5.1 Clients must provide Fixus IT with accurate and up-to-date information necessary for service delivery, including access credentials, usernames, passwords, 2FA details, and system permissions.

5.2 Clients must promptly notify Fixus IT of changes to their systems, personnel, or access requirements that may affect service delivery.

5.3 Clients must ensure a safe and accessible work environment for on-site visits.

5.4 Clients are responsible for maintaining appropriate data backups prior to any service engagement. Fixus IT is not liable for loss of data unless directly caused by Fixus IT’s gross negligence.

5.5 Clients are responsible for ensuring the legality of their use of services, software, or hardware facilitated by Fixus IT.

5.6 Clients are strongly encouraged to follow reasonable cybersecurity guidance provided by Fixus IT, including use of multi-factor authentication and safe browsing and email practices. Where a client declines to act on such guidance, Fixus IT’s liability for any resulting security incident is limited accordingly.

6. Subscription Products and Platforms

6.1 Licensing

Fixus IT’s subscription products and branded platforms are provided under a non-exclusive, non-transferable licence for the duration of the subscription. This licence ends upon termination or expiry of the subscription.

6.2 Client Responsibilities for Platform Use

Where a Fixus IT product involves the client submitting third-party contact details for the purpose of delivering communications or services to those third parties, the client is solely responsible for:

• Ensuring they have obtained appropriate consent from those third parties to receive such communications
• Ensuring their use of the platform complies with the Spam Act 2003 (Cth), the Telecommunications (Consumer Protection and Service Standards) Act 1999 (Cth), and all applicable privacy laws
• Complying with the terms of service of any third-party platforms connected to or used in conjunction with the Fixus IT product
• Ensuring the accuracy of contact data submitted to the platform

6.3 No Guarantee of Outcomes

Fixus IT does not guarantee specific outcomes from the use of its products. Results depend on individual business circumstances, customer or user behaviour, and the policies of third-party platforms and services, which may change at any time. Fixus IT is not responsible for decisions made by third-party platforms regarding content, visibility, or account status.

6.4 Usage Limits and Additional Fees

Usage exceeding agreed subscription limits may incur additional fees, which will be reflected in subsequent invoices. Subscription limits are detailed in the applicable plan at the time of sign-up.

6.5 Custom Integrations

Custom integrations, configurations, or add-ons are billed separately and governed by specific terms agreed in writing.

6.6 Proprietary Rights

Fixus IT retains ownership of all proprietary products and platforms. Clients are granted a licence to use products for their internal business purposes only. Unauthorised reproduction, resale, or distribution of Fixus IT products is prohibited.

7. Third-Party Services and Subcontracting

7.1 Fixus IT may use third-party providers (including domain registrars, cloud hosting providers, Microsoft, message delivery services, and backup and security vendors) in delivering services and products. Fixus IT is not liable for downtime, disruptions, errors, or failures caused by third-party providers.

7.2 Fixus IT may subcontract work to trusted partners. Subcontracted work is subject to these Terms, and Fixus IT remains responsible for the quality of subcontracted services.

7.3 Where applicable, Fixus IT will provide clients with details of relevant third-party warranties or support policies. Unless otherwise agreed in writing, responsibility for direct engagement with third-party support lies with the client.

8. Liability and Indemnity

8.1 To the maximum extent permitted by law, Fixus IT’s total liability in connection with any service engagement or product subscription is limited to the fees paid by the client for the specific service or subscription period giving rise to the claim, or the cost of resupplying that service — whichever is lesser.

8.2 Fixus IT is not liable for:

• Loss or corruption of data caused by third-party services, client error, or unforeseen system issues
• Malware, ransomware, phishing attacks, or other cyber threats, unless directly caused by Fixus IT’s gross negligence
• Downtime or disruptions caused by third-party providers or client misuse
• Decisions made by third-party platforms regarding content, account status, or visibility
• Indirect, consequential, or incidental loss, including loss of profits, loss of revenue, or business interruption
• Any loss arising from the client’s failure to maintain adequate data backups
• Any loss arising from the client’s failure to follow Fixus IT’s security recommendations
• Any loss arising from access granted at the client’s written request
• Any loss arising from the client’s failure to comply with third-party platform terms of service when using Fixus IT products

8.3 Fixus IT will not be liable for failure to provide services due to circumstances beyond its reasonable control, including natural disasters, cyberattacks, government actions, or third-party outages.

8.4 The client indemnifies Fixus IT against any loss, claim, damage, or expense arising from: the client’s misuse of services or products; breach of these Terms; infringement of third-party rights; or security incidents caused or contributed to by the client’s own actions or inactions.

8.5 Nothing in these Terms excludes, restricts, or modifies any rights or remedies guaranteed under the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)). Where permitted by law, Fixus IT limits its liability for breach of a consumer guarantee to the resupply of the relevant services, or the cost of having those services supplied again.

9. Confidentiality and Privacy

9.1 Fixus IT will maintain the confidentiality of all client data and credentials provided for service delivery. Client information will not be accessed, used, or shared beyond what is strictly necessary to deliver the agreed services.

9.2 Fixus IT may provide services to multiple clients across similar or competing industries. Information obtained from one client will never be disclosed to or used for another.

9.3 Fixus IT complies with the Australian Privacy Act 1988 (Cth). Our full Privacy Policy is available at fixusit.com.au/privacy.

9.4 Where clients use Fixus IT products to process their own customers’ personal information, the client is responsible for ensuring their use complies with all applicable privacy laws.

10. Intellectual Property

10.1 Any custom software, configurations, scripts, automations, or documentation developed by Fixus IT remain the intellectual property of Fixus IT unless otherwise agreed in writing.

10.2 Clients are granted a non-exclusive licence to use deliverables created for them for internal business purposes only. Reproduction or distribution beyond internal use requires Fixus IT’s written approval.

10.3 Unauthorised use or reproduction of Fixus IT’s intellectual property may result in immediate termination of services and legal action.

11. Termination

11.1 Fixus IT may terminate services with immediate effect if the client breaches these Terms, or if payment is overdue by more than 30 days.

11.2 Clients may terminate ongoing or recurring services by providing 45 days’ written notice. Fees for services delivered up to the termination date remain payable.

11.3 Early termination of a subscription or retainer before the end of the minimum commitment period may incur an early termination fee. Refer to the applicable subscription agreement for specific terms.

11.4 Upon termination, all outstanding fees are immediately due and payable. Fixus IT will return or delete client data upon written request, subject to any legal retention obligations.

12. Service Standards

12.1 Fixus IT aims to respond to remote support requests within 48 business hours and on-site requests within 72 business hours. These are target timeframes only and are not guaranteed.

12.2 Emergency and critical requests are prioritised based on severity. After-hours, emergency, or public holiday response may incur additional charges as outlined in clause 3.3.

12.3 Fixus IT does not guarantee uninterrupted service and is not liable for delays caused by factors outside its reasonable control.

12.4 Support requests should be submitted through Fixus IT’s official contact channels. Requests made informally (e.g. directly to a staff member’s personal phone or email) carry no guaranteed response time.

13. Dispute Resolution and Governing Law

13.1 In the event of a dispute, both parties agree to attempt resolution through good faith negotiation within 14 days of written notice. If unresolved, the matter will be referred to mediation before any court proceedings are commenced.

13.2 These Terms are governed by the laws of Western Australia. Any legal proceedings must be filed in the courts of Western Australia, with Perth as the agreed venue.

14. General Provisions

14.1 Force Majeure: Fixus IT is not liable for any failure or delay caused by circumstances beyond its reasonable control, including natural disasters, government actions, cyberattacks, or third-party outages.

14.2 Entire Agreement: These Terms, together with any applicable written agreement, proposal, or subscription confirmation, constitute the entire agreement between Fixus IT and the client and supersede all prior communications or understandings.

14.3 Severability: If any provision is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.

14.4 No Waiver: Failure by Fixus IT to enforce any provision does not constitute a waiver of that right.

14.5 Assignment: Clients may not assign their rights or obligations under these Terms without Fixus IT’s prior written consent. Fixus IT may assign these Terms to a related entity.

14.6 Unfair Contract Terms: Fixus IT acknowledges its obligations under the Australian Consumer Law regarding unfair contract terms, including protections for small businesses. Fixus IT will not enforce any provision in a manner considered unfair or unlawful under the Competition and Consumer Act 2010 (Cth).

14.7 Updates to These Terms: Fixus IT reserves the right to update these Terms at any time. The current version is always available at fixusit.com.au/terms. Continued engagement with Fixus IT following any update constitutes acceptance of the revised Terms.

Fixus IT | ABN 91 480 369 303 | fixusit.com.au | support@fixusit.com.au