Terms and Conditions
Last updated: 15/11/2025
These Terms and Conditions (“Terms”) govern all services provided by Vaelis IT Pty Ltd (“Vaelis IT”, “we”, “us”, or “our”) to any client (“Client”, “you”, or “your”). By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree, you must not use our services.
1. Scope of Services
Vaelis IT provides managed IT services, support, consultancy, cybersecurity services, cloud solutions, and related technical services.
The specific services to be delivered will be outlined in a Service Agreement, Quote, or Statement of Work (“SOW”). These Terms apply to all engagements, including managed services, projects, break-fix, and ad-hoc support.
2. Client Responsibilities
The Client agrees to:
(a) Provide accurate and complete information required for service delivery.
(b) Maintain current and verified backups unless covered under a backup service managed by Vaelis IT.
(c) Ensure all software is properly licensed unless otherwise managed by Vaelis IT.
(d) Maintain up-to-date operating systems, security patches, and supported hardware (unless managed by us).
(e) Notify us promptly of any system issues, outages, or security breaches.
(f) Not allow unauthorised access, changes, or interference with systems we support.
Vaelis IT is not responsible for faults, downtime, or damage caused by the Client, the Client’s users, or unmanaged third-party vendors.
3. Billing and Payment
(a) Services may be billed monthly, annually, or per engagement.
(b) Payment terms are strictly 14 days from invoice date unless otherwise agreed in writing.
(c) Late payments may incur administrative fees, interest, or service suspension.
(d) Vaelis IT may withhold or suspend services if invoices remain overdue.
(e) The Client remains liable for all fees incurred up to the date of suspension or termination.
4. Confidentiality
We treat all client information, credentials, business data, and system access as confidential. We will only use such information for the purpose of delivering services or complying with legal obligations.
5. Intellectual Property
All documentation, designs, systems, custom scripts, automations, templates, or configurations created by Vaelis IT remain our intellectual property unless otherwise agreed in writing.
The Client receives a non-exclusive licence to use such materials for their internal business operations.
6. Third-Party Services & Dependencies
(a) Services may rely on third-party platforms such as Microsoft 365, cloud hosting providers, security vendors, or SaaS applications.
(b) The Client agrees to the terms of any third-party providers.
(c) Vaelis IT is not liable for service outages, delays, limitations, or data loss caused by third-party vendors.
(d) Recommendations for third-party products are made in good faith; however, performance is not guaranteed.
7. Break-Fix, Emergency & Ad-Hoc Work (Best-Effort Basis)
For environments not fully managed by Vaelis IT, including break-fix, emergency, or ad-hoc support:
(a) Services are provided on a best-effort basis.
(b) Unstable, unmaintained, misconfigured, outdated, or unsupported environments may experience data loss, downtime, corruption or unexpected failures.
(c) Vaelis IT is not responsible for issues that arise as a result of accessing or working on such environments.
(d) The Client accepts all risks associated with emergency, reactive, or limited-information work.
8. Backups and Data Integrity
(a) The Client is solely responsible for ensuring appropriate and verified backups exist unless Vaelis IT provides backup services under a managed agreement.
(b) Vaelis IT is not liable for loss of data where backups do not exist, are incomplete, or have not been regularly tested.
9. No Warranties
Except as required by law, all services are provided on an “as-is” and “as-available” basis.
Vaelis IT does not warrant that:
- Services will be uninterrupted or error-free
- Systems will be immune from cyber threats
- Third-party services will perform as expected
- Issues will be resolved within any guaranteed timeframe unless specified in a managed services agreement or SLA
10. Limitation of Liability
To the maximum extent permitted by law:
(a) Vaelis IT is not liable for indirect, incidental, special, punitive or consequential loss, including loss of profit, revenue, opportunity, data, or business interruption.
(b) Vaelis IT’s total aggregate liability arising out of any claim is limited to the greater of:
(i) the total fees paid by the Client to Vaelis IT in the 12 months preceding the claim; or
(ii) AUD $20,000.
(c) Vaelis IT is not liable for:
(i) faults caused by third-party vendors, misconfiguration, software limitations, or force majeure events;
(ii) loss or damage arising from the Client declining recommended security controls;
(iii) unauthorised access, misuse, or actions by the Client or its users.
(d) Nothing in these Terms limits any statutory rights that cannot be excluded under Australian law.
11. Client Indemnity
The Client indemnifies and holds harmless Vaelis IT against any loss, claim, liability, fine, cost, or damage arising out of:
(a) unauthorised access, misuse, modification, or interference with systems by the Client or its personnel;
(b) failure of the Client to follow Vaelis IT’s recommendations;
(c) use of unsupported, unlicensed or outdated software or hardware;
(d) any security incident resulting from the Client declining recommended cybersecurity measures;
(e) the Client’s breach of these Terms.
12. Termination of Services
(a) Either party may terminate ongoing services with 30 days’ written notice, unless a Service Agreement specifies otherwise.
(b) Vaelis IT may terminate services immediately for non-payment, security concerns, or misuse.
(c) The Client remains liable for all fees incurred up to the termination date.
13. Website Usage
By accessing the Vaelis IT website, you agree not to:
- Use it for unlawful purposes
- Attempt to gain unauthorised access to systems
- Copy, resell, or redistribute content without permission
14. Privacy
We handle personal information in accordance with Australian privacy law. See our Privacy Policy for full details.
15. Changes to These Terms
We may update these Terms from time to time. Updated versions will be published on our website and take effect immediately.
16. Governing Law
These Terms are governed by the laws of New South Wales, Australia.
Any disputes will be resolved in the courts of NSW.
17. Contact Us
Vaelis IT Pty Ltd
Email: [email protected]
Website: www.vaelis-it.com.au