Trading Terms and Conditions

These Trading Terms and Conditions apply to all products, services, support, projects, subscriptions, licensing, hardware, software, cloud services, cyber security services and consulting supplied by Accel IT Pty Ltd ABN 72 639 090 985.

These terms form part of any quote, proposal, statement of work, managed services agreement, engagement letter, service agreement or other written arrangement between Accel IT Pty Ltd and the customer.

By accepting a quote, approving work, signing an agreement, paying an invoice, using our services or requesting that we commence work, you agree to these Trading Terms and Conditions.

Table of Contents

1. Commencement of Work

Accel IT will commence work once one or more of the following has occurred:

  • the customer has accepted a quote, proposal or statement of work;
  • the customer has signed an agreement or engagement letter;
  • the customer has provided written approval by email or other written communication;
  • an agreed deposit or upfront payment has been received, where required;
  • the customer has requested that Accel IT commence work.

Accel IT may delay the commencement of work until all required information, access, approvals, deposits and third-party authorisations have been provided.

2. Scope of Services

Accel IT provides business IT services, including but not limited to:

  • managed IT support;
  • helpdesk and remote support;
  • onsite IT support;
  • Microsoft 365 services;
  • cloud services and migrations;
  • backup and disaster recovery;
  • cyber security and malware protection;
  • network and server support;
  • VoIP phone services;
  • data cabling and rack management;
  • office fit outs and relocations;
  • hardware, software and licensing procurement;
  • IT consulting and project work.

The exact scope of services will be set out in the relevant quote, agreement, proposal, ticket, project plan, service description or statement of work.

Any work outside the agreed scope may be treated as additional work and may be charged separately.

3. Customer Responsibilities

The customer agrees to:

  • provide accurate, complete and timely information;
  • provide access to systems, devices, accounts, software, premises and relevant staff as reasonably required;
  • maintain appropriate internal policies, authorisations and approvals;
  • ensure that the customer has the right to provide Accel IT with access to any third-party system or data;
  • advise Accel IT of any known risks, faults, restrictions, compliance obligations or business-critical systems before work begins;
  • keep their own records of important business information, licences, warranties, vendor contracts and account ownership details.

Accel IT is not responsible for delays, additional costs, failed changes or incomplete work caused by missing information, incorrect information, lack of access, third-party delays, vendor restrictions or customer-side delays.

4. Access to Systems and Information

The customer authorises Accel IT to access systems, applications, cloud platforms, devices, servers, networks, email accounts, administrative portals and business data where required to provide services.

The customer must ensure that access provided to Accel IT is lawful, authorised and appropriate for the work requested.

Where administrator credentials, multi-factor authentication, vendor portals or third-party approvals are required, the customer must provide these in a secure and timely manner.

Accel IT will take reasonable steps to protect credentials and sensitive information, but the customer remains responsible for maintaining account ownership, business continuity and internal approval processes.

5. Managed IT Support Services

Managed IT support services are provided according to the inclusions, exclusions, support hours, response targets and pricing set out in the relevant managed services agreement or proposal.

Unless otherwise stated in writing, managed IT support does not automatically include:

  • project work;
  • major migrations;
  • server replacements;
  • network redesigns;
  • cyber incident response;
  • cabling work;
  • hardware costs;
  • software licensing;
  • third-party vendor fees;
  • out-of-scope onsite work;
  • after-hours work outside the agreed plan;
  • remediation of pre-existing major issues.

Accel IT may provide recommendations to improve security, reliability, backup coverage, performance or compliance. The customer is responsible for approving or declining those recommendations.

If the customer chooses not to proceed with a recommendation, Accel IT is not responsible for issues, downtime, data loss, security incidents or additional costs that may result from that decision.

6. Projects, Quotes and Estimates

Quotes are valid for the period stated on the quote. If no validity period is stated, the quote is valid for 14 days from the date of issue.

Estimates are provided as a guide only and are not fixed-price quotes unless clearly stated in writing.

Project pricing may change where:

  • the scope changes;
  • additional issues are discovered;
  • the customer requests additional work;
  • third-party pricing changes;
  • vendor requirements change;
  • the environment differs from the information originally provided;
  • delays occur outside Accel IT’s control.

Accel IT may charge for discovery, planning, documentation, scoping, meetings, travel, procurement, configuration, testing, troubleshooting and project management where applicable.

7. Hardware, Software and Licensing

Hardware, software and licensing supplied by Accel IT may be subject to manufacturer, distributor, vendor or third-party terms.

The customer is responsible for ensuring that software is used in accordance with licence terms, user counts, device counts, subscription terms and any other vendor requirements.

Hardware availability, delivery timeframes and pricing may change due to supplier availability, currency changes, freight delays or manufacturer changes.

Unless otherwise stated, hardware warranties are provided by the manufacturer, not Accel IT. Accel IT may assist with warranty claims, but warranty approval, replacement and repair timeframes are controlled by the relevant manufacturer or supplier.

8. Subscriptions and Third-Party Services

Many IT services are provided as monthly or annual subscriptions, including but not limited to Microsoft 365, backup services, security tools, cloud hosting, domain names, SSL certificates, VoIP services and software licensing.

The customer acknowledges that some subscriptions may have minimum terms, renewal dates, cancellation conditions or vendor-imposed commitments.

Where Accel IT purchases, manages or resells a subscription on behalf of the customer, the customer agrees to pay all charges associated with that subscription for the applicable term.

Cancelling services with Accel IT does not automatically cancel third-party vendor commitments unless confirmed in writing.

If a subscription is cancelled, historical data, backups, logs, archives or retained information may be deleted by the vendor or become inaccessible. The customer is responsible for requesting any required export or transition before cancellation.

9. Backup, Disaster Recovery and Data Protection

Accel IT may provide backup and disaster recovery services where agreed in writing.

The customer acknowledges that no backup or disaster recovery solution can guarantee complete protection against all data loss, corruption, ransomware, accidental deletion, hardware failure, user error, software failure or cyber attack.

The customer is responsible for approving:

  • what systems are backed up;
  • how often backups run;
  • how long backups are retained;
  • what recovery objectives are required;
  • whether backup testing is required;
  • whether offsite or immutable backup storage is required.

Unless backup testing is included in the customer’s agreement, backup testing may be charged separately.

Accel IT is not responsible for data that was not included in the agreed backup scope, data loss caused by excluded systems, or recovery limitations caused by customer decisions, vendor limitations or unavailable source data.

10. Cyber Security Services

Accel IT may provide cyber security services, including endpoint protection, monitoring, Microsoft 365 security configuration, firewall support, identity security, security recommendations and incident response assistance.

Cyber security services reduce risk but do not eliminate risk.

The customer acknowledges that cyber threats evolve and that no provider, product or configuration can guarantee that a system will never be compromised.

The customer remains responsible for:

  • staff awareness;
  • internal approval processes;
  • password hygiene;
  • multi-factor authentication adoption;
  • appropriate access control;
  • timely approval of recommended security changes;
  • compliance obligations specific to their industry.

Where Accel IT provides recommendations and the customer does not approve or implement them, Accel IT is not responsible for incidents or losses that may have been reduced or avoided by following those recommendations.

11. Fees, Charges and Payment Terms

Unless otherwise agreed in writing, invoices are payable within 14 days from the invoice date.

Invoices may include charges for labour, managed services, licensing, hardware, software, subscriptions, travel, freight, third-party services, project work and other agreed costs.

Work may be billed in minimum time blocks as stated in the relevant quote, agreement or invoice.

Accel IT may require upfront payment, deposits or progress payments for hardware, licensing, projects, onboarding, migrations or other work.

All prices are exclusive of GST unless stated otherwise.

12. Overdue Accounts and Suspension of Services

If an invoice is overdue, Accel IT may:

  • pause non-critical work;
  • suspend services;
  • suspend subscriptions where legally and commercially possible;
  • withhold delivery of goods or equipment;
  • restrict support to emergency-only assistance;
  • charge reasonable recovery costs;
  • refer the debt to a collection agency or legal representative.

Accel IT is not responsible for loss, downtime, data loss, service interruption, licensing cancellation or business impact caused by suspension due to non-payment.

The customer remains liable for all outstanding amounts, including any third-party subscription commitments already incurred by Accel IT on the customer’s behalf.

13. Credit Card and Payment Processing Fees

Where payment is made by credit card, debit card or another payment method that attracts merchant or processing fees, Accel IT may pass on the applicable surcharge or processing cost.

Any surcharge will be applied in accordance with applicable Australian law.

14. Ownership of Goods and Equipment

All hardware, equipment, devices, software, licences, subscriptions and other goods supplied by Accel IT remain the property of Accel IT until paid for in full.

Until payment has been received in full, the customer must:

  • keep the goods safe and insured;
  • not sell, transfer, dispose of or encumber the goods;
  • allow Accel IT to recover unpaid goods where legally permitted.

Risk in goods may pass to the customer upon delivery, installation or handover, even if ownership has not yet passed.

15. Confidentiality

Each party must keep confidential information secure and must not disclose it except where:

  • required to provide the services;
  • authorised by the other party;
  • required by law;
  • required by a regulator, insurer, auditor, legal adviser or professional adviser;
  • necessary to protect legal rights.

Confidential information may include business information, pricing, proposals, system details, credentials, security information, customer data, documentation and technical configurations.

Accel IT may use secure systems, tools and third-party platforms to deliver services.

16. Intellectual Property

Unless otherwise agreed in writing, Accel IT retains ownership of its pre-existing intellectual property, templates, processes, scripts, documentation methods, tools, know-how and service delivery methods.

The customer retains ownership of its business data and pre-existing intellectual property.

Where Accel IT creates documentation, configurations, scripts or other materials specifically for the customer, the customer receives a licence to use those materials for their internal business purposes once all related invoices have been paid.

Accel IT may reuse general knowledge, methods, ideas and experience gained while providing services, provided it does not disclose the customer’s confidential information.

17. Limitation of Liability

To the maximum extent permitted by law, Accel IT is not liable for indirect, consequential, special or economic loss, including loss of profit, loss of revenue, loss of opportunity, loss of goodwill, loss of data, business interruption or reputational damage.

Where liability cannot be excluded, Accel IT’s liability is limited, at Accel IT’s option, to:

  • resupplying the services;
  • repairing or replacing goods;
  • paying the cost of resupplying the services;
  • paying the cost of repairing or replacing goods.

Nothing in these terms excludes rights that cannot be excluded under the Australian Consumer Law or other applicable legislation.

18. Termination

Either party may terminate an ongoing service arrangement by giving the notice required in the relevant agreement.

If no notice period is stated, either party may terminate by giving 30 days’ written notice.

Upon termination:

  • all outstanding invoices become payable;
  • any unpaid hardware, software, licensing, subscription or third-party costs remain payable;
  • Accel IT may remove remote management tools, monitoring agents and security tools;
  • the customer is responsible for arranging replacement services;
  • Accel IT may charge for transition, handover, documentation or offboarding work.

Termination of Accel IT services does not automatically cancel third-party subscriptions unless confirmed in writing.

19. Notices

Notices must be provided in writing.

A notice may be sent by email, post or another agreed written method.

Notices to Accel IT should be sent to:

Accel IT Pty Ltd
Website: accelit.com.au
Email: sales@accelit.com.au
Phone: 1300 987 166

The customer is responsible for keeping their contact details up to date.

20. Jurisdiction and General Terms

These terms are governed by the laws of Victoria, Australia.

The parties submit to the courts of Victoria for any dispute arising from these terms or the supply of goods and services.

If any part of these terms is found to be invalid or unenforceable, the remaining terms continue to apply.

Failure by Accel IT to enforce a right does not waive that right.

Accel IT may subcontract or use third-party providers to deliver services where appropriate.

These terms may be updated from time to time. The version published on the Accel IT website or supplied to the customer at the time of engagement will apply unless otherwise agreed in writing.