Terms & Conditions:
Managed IT Services – Bench Mark IT Services
Welcome to Bench Mark IT Services (“we”, “us”, “our”). These Terms and Conditions (“Terms”) govern your access to and use of our managed IT services, and constitute a legally binding agreement between you (“Client”, “you”, “your”) and us. By engaging our services or accessing our website, you agree to be bound by these Terms.
Please read these Terms carefully. If you do not agree with any part of these Terms, you must not use our services.
1. Scope of Services
1.1 We provide managed IT services, which may include but are not limited to:
Network design, installation, and monitoring
Cloud services and migrations
Server, desktop, and helpdesk support
Data backup and disaster recovery
Cybersecurity monitoring and response
General IT consulting and procurement services
1.2 The specific scope of services will be set out in a signed Service Level Agreement (SLA), proposal, or statement of work. Services outside this scope may incur additional charges.
2. Legal Compliance and Data Security
2.1 We comply with all applicable Australian laws, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). We also comply with the Notifiable Data Breaches (NDB) scheme, where applicable.
2.2 All personal data and confidential information received during the provision of services will be handled securely and in accordance with our Privacy Policy.
2.3 You must ensure that any data or content provided to us is lawful, accurate, and authorised for our use in delivering the services.
3. Client Obligations
You agree to:
Provide timely access to relevant systems, data, personnel, and information necessary for the delivery of services.
Maintain all necessary software licences and comply with applicable laws.
Cooperate with us in a timely and professional manner.
Not misuse, tamper with, or attempt to gain unauthorised access to any services, systems, or data.
We reserve the right to suspend services if your conduct compromises system integrity, security, or legal compliance.
4. Fees and Payment
4.1 Fees for services will be outlined in your SLA or proposal. All fees are in Australian Dollars (AUD) and exclusive of GST unless otherwise stated.
4.2 Invoices are issued monthly in advance and must be paid within 14 days. Late payments may incur interest at 1.5% per month and may result in service suspension.
4.3 Additional work outside the agreed scope may be billed at our standard hourly rates or as separately agreed.
5. Warranties and Disclaimers
5.1 We warrant that we will provide our services using reasonable care and skill, in accordance with accepted industry practices.
5.2 Except as required under the Australian Consumer Law, all express or implied warranties, including fitness for purpose, merchantability or availability, are excluded.
5.3 We do not warrant that services will be error-free, uninterrupted, or meet your expectations beyond the agreed deliverables.
6. Limitation of Liability
6.1 To the extent permitted by law, our liability for any loss or damage is limited to the lesser of:
The total fees paid by you in the 3 months prior to the event; or
The cost of re-supplying the affected services.
6.2 We are not liable for:
Loss of profits, revenue, or business opportunity
Indirect, consequential, or incidental damages
Loss or corruption of data unless caused by gross negligence or wilful misconduct
6.3 Nothing in these Terms excludes any consumer rights or remedies that cannot be lawfully excluded under Australian Consumer Law.
7. Indemnity
You agree to indemnify, defend, and hold harmless Evans Management & Consultancy Pty Ltd ATF EMC Trust T/A Bench Mark IT Services, its directors, officers, employees, and agents from any claims, losses, damages, liabilities, costs, or expenses (including legal fees) arising from:
Your breach of these Terms;
Misuse of our services;
Any third-party claims relating to your data, systems, or conduct;
Failure to comply with applicable laws or regulations.
8. Intellectual Property
8.1 Unless otherwise agreed in writing, all intellectual property (IP) we create in connection with our services remains our property.
8.2 You are granted a non-exclusive, non-transferable licence to use such IP solely for your internal business purposes, subject to your compliance with these Terms.
8.3 You must not reverse engineer, decompile, replicate, or sublicense our IP without written consent.
9. Confidentiality
9.1 Both parties must treat all confidential information received in connection with services as strictly confidential, and may not disclose such information without prior written consent, unless required by law.
9.2 This clause survives termination of services.
10. Contract Term and Termination
10.1 The term of service is set out in the applicable SLA or agreement.
10.2 Either party may terminate the engagement by providing 60 days’ written notice.
10.3 We may terminate or suspend services immediately if:
You breach any provision of these Terms or your SLA and do not remedy within 14 days;
You fail to pay any outstanding invoice;
You become insolvent, bankrupt, or enter liquidation;
Your use of services presents a risk to our systems or violates any law.
10.4 On termination:
All outstanding fees become immediately payable.
We will, upon request and at additional cost, provide reasonable assistance for data transfer.
You must cease using our tools, services, or IP.
11. Force Majeure
We are not responsible for any delay or failure to perform our obligations due to events outside our reasonable control, including but not limited to natural disasters, cyberattacks, government restrictions, strikes, or third-party service outages.
12. Dispute Resolution
12.1 Any dispute must first be attempted to be resolved in good faith via direct negotiation between the parties.
12.2 If unresolved within 30 days, the matter must proceed to mediation in Melbourne, Victoria, administered by the Resolution Institute.
12.3 Legal proceedings may only commence if mediation fails.
13. Governing Law
These Terms are governed by the laws of Victoria, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Victoria.
14. Amendments
We reserve the right to update or amend these Terms at any time. Any changes will be posted on this page with an updated effective date. Continued use of our services after such changes constitutes your acceptance of the updated Terms.
15. Contact
If you have any questions or concerns about these Terms, please contact us at:
Evans Management & Consultancy PTY Ltd ATF EMC Trust T/A Benchmark IT Services
171 Darling Rd, Malvern East, 3145, VIC
03 8652 1589
info@benchmarkitservices.com
