Launceston IT Terms of Service
1. INTRODUCTION
These Terms of Service ("Terms") govern the provision of products and services by Launceston IT Pty Ltd an IT solutions provider offering managed IT services, supply and management of subscription-based IT services, as well as the supply, installation, and maintenance of IT networks and equipment. By engaging our services or purchasing our products, you agree to be bound by these Terms, which outline the rights, responsibilities, and expectations of both parties to ensure a clear and professional working relationship.
2. DEFINITIONS
Agreement: These Terms of Service, along with any proposals, quotes, service schedules, or other written agreements between Launceston IT and the Client.
Authorised User: A person who is authorised by the Client to access or use the Services.
Business Hours: Monday to Friday, 9:00 AM to 5:00 PM AEST (excluding public holidays), unless otherwise agreed.
Client: The individual, business, or organisation that has engaged Launceston IT to provide Services, either on a one-off or ongoing basis. The Client may also include authorised representatives or users acting on its behalf in connection with the use or management of the Services.
Confidential Information: Any non-public, sensitive, or proprietary information disclosed by either party to the other, whether orally or in writing, and marked or reasonably understood to be confidential.
Credentials: Usernames, passwords, and other authentication details required to access systems or services.
Remote Access: A secure method used by Launceston IT to access the Client’s systems over the internet, with or without direct user interaction.
Services: All products, solutions, and support activities provided by Launceston IT to the Client, either on a recurring (e.g. monthly subscription) or one-off basis.
Subscription Services: Services billed on a recurring basis, such as monthly software licences, monitoring, or support.
Support: Technical assistance provided by Launceston IT to help the Client resolve issues, perform maintenance, or respond to system incidents.
System: The Client’s IT infrastructure, including hardware, software, networks, and any integrated platforms or services.
Third Party: Any individual, company, vendor, or service provider that is not part of Launceston IT. This includes, but is not limited to, software vendors, internet service providers, telecommunications companies, and cloud or hosting platforms. Where third-party services or products are sold, supported, or managed by Launceston IT as part of the agreed services, they are considered within scope. However, third-party services or systems that are not supplied or managed by Launceston IT fall outside our responsibility and are considered out of scope.
3. SCOPE OF SERVICES
Launceston IT provides a range of IT solutions, including but not limited to managed IT services, helpdesk support, the supply and management of licensed third-party IT services, and the design, installation, and maintenance of IT networks and related equipment. Services may include remote and onsite technical support, proactive monitoring, software and subscription management, and project-based installations. The specific services provided will be outlined in separate proposals, agreements, or service schedules as applicable.
4. LAUNCESTON IT’S OBLIGATIONS
a. Launceston IT will use commercially reasonable efforts to timely deliver and support the Services for the Client in accordance with industry standards and relevant legislation
b. Launceston IT guarantees that if there is a fault in the delivery or implementation of the Service that Launceston IT will remedy the fault or provide the Service again at no additional cost to the Client.
c. Launceston IT agrees that where a licence or qualification is legally required in order to deliver the Service, Launceston IT will ensure it and any of its employees, contractors and sub-contractors hold the requisite licences and/or qualifications.
5. CLIENT’S OBLIGATIONS
The Client is required to:
a. Provide Launceston IT with access to Client’s facilities, including access to Client’s computer systems, in order for Launceston IT to provide the Service
b. Provide Launceston IT with remote access to the Clients network and computer systems in order for Launceston IT to provide the Service
c. Advise Launceston IT of any changes initiated by the Client within the covered systems. This includes but is not limited to changes to settings, hardware or network devices.
d. Ensure the security of their networks and supplied hardware at all times. This includes ensuring all hardware is stored securely and ensuring the Client or its employees do not change or disable any software or settings implemented for the management of security including firewalls, monitoring systems, and virus and ransomware protection.
e. Maintain appropriate antivirus, spyware and ransomware protection on all devices under management. If these are not provided by Launceston IT, the Client must produce evidence of this on request.
f. Only use genuine, licensed and vendor-supported Server and Desktop Software. If software is not supplied by Launceston IT, the Client must produce evidence of current licences for software on request.
g. Pay all invoices as and when they fall due
h. The client acknowledges and agrees that the providing of the Services may in some circumstances result in the disruption of services at Client’s facility or on Client’s computer systems.
6. SERVICE LIMITATIONS
Launceston IT provides services during standard business hours (Monday to Friday, 9:00 AM – 5:00 PM AEST), excluding public holidays. Work performed outside these hours, including weekends, public holidays, or emergency callouts, is subject to after-hours rates and may be dependent on staff availability. The following limitations also apply:
a. Response times may vary based on the nature and priority of the request and are not guaranteed unless specified in a Service Level Agreement (SLA).
b. Support does not cover issues caused by misuse, physical damage, unauthorised modifications, or third-party interference.
c. Launceston IT is not liable for outages or performance issues caused by third-party providers, internet services, or upstream vendors.
d. Onsite support may be limited by location and technician availability.
e. Services do not include training, user documentation, or procurement unless specifically agreed in writing.
7. THIRD PARTY SERVICES
Some services provided by Launceston IT rely on third-party vendors and providers. While we manage and support these services, we are not responsible for the performance, availability, or terms of service of those third-party providers. Clients may also be subject to the terms and conditions of these third parties, which may change from time to time.
8. THIRD PARTY SERVICES NOT PROVIDED BY LAUNCESTON IT
Launceston IT takes no responsibility for the performance, availability, security, or reliability of any IT services, systems, or infrastructure that are provided or managed by third parties not engaged by Launceston IT. We are only responsible for the services and products we have explicitly agreed to provide to the Client. Where issues involve or are affected by third-party systems or services, Launceston IT will not be liable for any resulting delays, limitations, or additional costs incurred during troubleshooting or resolution.
9. CLIENT SUPPLIED HARDWARE AND SOFTWARE
Launceston IT is not responsible for the performance, compatibility, or reliability of any hardware or software supplied or sourced by the Client, unless explicitly agreed in writing. Support for such items may be limited or provided at Launceston IT’s discretion.
10. LABOUR
All labour is provided at Launceston IT’s standard hourly rate unless otherwise agreed in writing with the Client. Labour is billed in 15-minute increments, with a minimum charge of one (1) hour for any onsite callout. Work performed outside standard business hours is subject to after-hours rates. Current rates are available upon request and may be updated from time to time.
11. FEES & PAYMENTS
a. All subscription-based services are billed monthly via Launceston IT’s payment system, unless otherwise agreed in writing. One-off services, such as installations or ad-hoc support requests, will be invoiced upon completion and are payable within seven (7) days from the invoice date. Launceston IT reserves the right to suspend services in the event of overdue payments.
b. Launceston IT reserves the right to review and update its fees and charges at any time.
12. CONFIDENTIAL INFORMATION
a. In the course of providing the Service, either party may gain access to the other party’s Confidential Information.
b. Both parties agree to only use Confidential Information for the purpose of performing the Service
c. Neither party is permitted, without the prior written consent of the supplying party, to disclose or communicate to any third party any Confidential Information or use any Confidential Information for any purpose except for the purpose for which such Confidential Information was supplied.
d. Each party agrees that the documents attached to or incorporated in this Agreement by reference are confidential and must not be disclosed to any person (other than a party’s legal or financial advisors or as required by law) without the prior written consent of the other party.
13. PRIVACY AND DATA PROTECTION
Launceston IT will comply with applicable privacy laws, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs), in the collection, storage, and handling of any personal or sensitive information obtained while providing the Services. The Client is responsible for ensuring they have the necessary consents to share personal information with Launceston IT.
14. INTELLECTUAL PROPERTY
a. Each party retains ownership of any intellectual property they held before the start of services. This includes any tools, software, or methods used by Launceston IT to deliver services. No ownership rights are transferred unless agreed in writing.
b. Both Launceston IT and the Client agree to take reasonable steps to protect each other’s intellectual property from unauthorised access or use.
c. Both parties agree to treat each other’s intellectual property as confidential and not share it without permission, unless required to do so by law or as necessary to deliver the services.
d. Upon termination of services, Launceston IT will return any materials, documents, or client-owned intellectual property, including any modifications made during the service period.
15. SUB-CONTRACTORS
Launceston IT may use sub-contractors in the delivery of the Service. All sub-contractors will be appropriately screened to ensure they are fit and proper for the function they are fulfilling
16. POLICIES AND PROCEDURES
a. Launceston IT will adhere to the Client’s relevant Policies and Procedures (such as WHS policies or access policies) whilst performing the Service both remotely and on-site at the Client’s premises. The Client is responsible for providing Launceston IT with copies of any relevant policies that Launceston IT is required to follow and providing any relevant training or inductions to Launceston IT’s staff to ensure they are able to understand and follow the policy.
b. Where the Client has existing IT policies in place, Launceston IT will work with the Client to ensure the Service adheres to these policies.
17. REMOTE AND UNATTENDED ACCESS
a. To deliver the Service, Launceston IT may require Remote or Unattended Access to devices on the Client’s network. Launceston IT will seek permission from the client before implementing any Remote Access software on the Client’s devices or network.
b. Launceston IT will always use a secure, industry recognised access platform to manage Remote and Unattended Access.
c. REMOTE ACCESS PROCEDURE:
i. User devices: Where devices are linked to users, the technician accessing the device will seek the permission of the user before accessing the device. The technician and the user may agree on a mutually agreeable time for the technician to access their device while it is unattended. If the user is unreachable (ie they are on holiday) and their device needs to be accessed, the technician will seek the permission of the person(s) authorised to access that user’s devices/data.
ii. Network devices: Launceston IT may access network devices that are not linked to users at any time. Launceston IT will consider the business requirements of the Client before making any changes or rebooting these devices, and where appropriate will contact the Client to agree on a suitable time for scheduled changes, maintenance or outages.
18. SYSTEM CREDENTIALS
a. To deliver and support the Service, Launceston IT may require access to the Client’s system credentials, including usernames and passwords. These credentials may be stored securely in a password management system accessible only to authorised Launceston IT technicians.
b. The Client is responsible for ensuring that all users maintain the confidentiality of their system credentials and store them securely.
c. Users may only request access to or changes for their own passwords, unless explicitly authorised by the Client to access or manage other users’ credentials.
d. Passwords are generally communicated verbally for security purposes. If a password must be provided in written form (e.g. via email or SMS), it will be sent separately from any other login details. Users must delete the written message after successfully storing the password in a secure location.
19. QUESTIONABLE MATERIAL
a. In the course of carrying out the Service, Launceston IT and it’s employees may be exposed to questionable material. Questionable material may include:
i. Illegal material or documentation depicting illegal activities
ii. Pornography
iii. Pirated software
iv. Stored files or material that is against the IT policies of the Client
b. If Launceston IT or its employees are exposed to any questionable material in the course of delivering the Service, Launceston IT will advise the Client as soon as practicable. The Client is wholly responsible for the management of all questionable material contained on their Systems. Launceston IT may provide support to the Client to deal with the questionable material if required.
c. Launceston IT and its employees will not perform any illegal activity on behalf of or at the request of the Client. Launceston IT reserves the right to seek legal advice before deleting, accessing or otherwise dealing with any item of questionable material. Launceston IT also reserves the right to refuse to access, delete or otherwise deal with any item of questionable material.
20. BACKUPS AND SECURITY
a. The Client is solely responsible for ensuring appropriate backup systems, security patches, and other protective measures are in place to safeguard their data and IT environment. This includes, but is not limited to, maintaining up-to-date antivirus software, MFA, applying software and operating system updates, and performing regular data backups.
b. Launceston IT may provide recommendations or assistance with implementing these measures as part of the Services. However, the Client remains responsible for acting on this advice and for the overall security and resilience of their systems, whether or not Launceston IT has made specific recommendations.
c. Where the Client declines backup, patching, or security recommendations made by Launceston IT, the Client acknowledges and accepts all associated risks and liabilities
d. Launceston IT provides no warranty for data integrity, system security, or recoverability where the Client has not followed our recommendations, or where suitable measures have not been implemented.
21. WORKPLACE HEALTH AND SAFETY
a. Launceston IT is committed to providing a safe and healthy work environment for our employees, contractors and clients.
b. The Client will ensure that a safe work environment is provided for any Launceston IT employees or contractors attending their site.
c. Launceston IT will notify the Client of any workplace health and safety issues we become aware of whilst on site. Launceston IT reserves the right to leave, or refuse to attend, the Client’s site if notified issues are not resolved or if a safe work environment is not provided.
d. If the Client requires Launceston IT to adhere to any of the Client’s workplace health and safety policy or procedure whilst on site, the Client must provide Launceston IT with a copy of the policy, and provide each Launceston IT employee who attends site with an appropriate safety induction.
22. TERM AND TERMINATION
a. Services provided by Launceston IT are offered on an ongoing basis, either as monthly subscriptions or once-off engagements. There is no fixed term unless specified in a separate written agreement.
b. The Client may terminate services at any time by providing written notice to Launceston IT, unless a specific notice period is outlined in their individual agreement.
c. Launceston IT reserves the right to suspend or terminate services at its discretion, including in cases of non-payment, breach of terms, or where continued service is no longer commercially viable.
d. Termination does not affect any accrued rights or obligations of either party up to the date of termination.
23. DISCLAIMER OF WARRANTIES
a. Launceston IT does not guarantee that the Services will be uninterrupted, error-free, fully secure, or capable of detecting all security risks or vulnerabilities in the Client’s systems. We also do not guarantee that any results or outputs from the Services will be completely accurate or complete.
b. All services, information, and materials are provided “as is,” unless otherwise stated in writing. Launceston IT makes no express or implied warranties, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
c. Services may be unavailable from time to time due to reasons such as maintenance, technical issues, internet disruptions, or failures in third-party infrastructure.
d. These disclaimers apply regardless of whether:
i. Launceston IT considers the Client’s systems to be “secure,”
ii. The Client has implemented recommended security measures, or
iii. Any other circumstances.
24. LIMITATION OF LIABILITY
a. Launceston IT will not be liable for special, indirect, incidental, punitive, or consequential damages arising from the Agreement or the provision of the Services, including loss of profits, data, equipment downtime, or goodwill.
b. Launceston IT's total liability to the Client will not exceed the fees paid by the Client for the six-month period preceding the first occurrence of damages.
c. In the event of a breach, Launceston IT's liability is limited to either replacing or repairing goods or resupplying services, at their discretion.
d. The Client acknowledges and accepts these limitations on liability as an essential part of the agreement and acknowledges that they were bargained for.
25. NOTICES
Any formal notices required under these Terms must be provided in writing. Notices from the Client to Launceston IT should be sent by email to help@launcestonit.com.au or by mail to 300 Westbury Road, Prospect Vale TAS 7250, unless otherwise specified. Launceston IT may provide notices to the Client via the email address or mailing address provided during onboarding or as updated in writing. Notices will be deemed received:
a. If sent by email, at the time of successful transmission (unless a delivery failure notification is received),
b. If delivered by hand, upon delivery,
c. If sent by mail, five (5) business days after posting.
d. It is the Client's responsibility to ensure their contact details are kept up to date.
26. AMENDMENTS
Launceston IT may update or amend these Terms of Service from time to time to reflect changes in our services, business practices, or legal requirements. Any changes will be published on our website or provided to the Client in writing. Continued use of our services after such updates constitutes acceptance of the revised Terms. Where a specific written agreement exists between Launceston IT and the Client, any changes to that agreement must be made in writing and agreed upon by both parties.
27. DISPUTES
a. If a dispute arises between Launceston IT and the Client in connection with these Terms or the Services provided, both parties agree to first attempt to resolve the matter in good faith through direct communication.
b. If any dispute arising under this Agreement is not resolved expeditiously between the Parties it shall be referred to an Arbitrator nominated by the Law Society of Tasmania.
28. GOVERNING LAW
This Agreement shall be governed by and construed according to the laws of the State of Tasmania and the parties hereby submit to the jurisdiction of the Courts of Tasmania.
29. SEVERABILITY
If any part of these Terms of Service is held to be invalid, unlawful, or unenforceable, that part will be severed, and the remainder of the Terms will continue to be valid and enforceable.
30. ENTIRE AGREEMENT
These Terms of Service, together with any written agreements, quotes, or proposals issued by Launceston IT, represent the entire agreement between Launceston IT and the Client in relation to the Services and supersede all prior discussions, communications, or understandings, whether written or oral.
31. NO WAIVER
A failure or delay by Launceston IT to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. Any waiver must be in writing to be effective.
32. FORCE MAJEURE
Launceston IT is not liable for any delay or failure to perform its obligations under these Terms due to events beyond its reasonable control. This includes, but is not limited to, natural disasters, acts of government, war, terrorism, labour disputes, power outages, internet or telecommunications failures, or other force majeure events.
33. ASSIGNMENT
The Client may not assign or transfer its rights or obligations under these Terms without the prior written consent of Launceston IT. Launceston IT may assign or subcontract its obligations to a qualified third party, provided it remains responsible for the performance of those obligations.
VERSION CONTROL
These Terms of Service were last updated on 1 August 2025. This version replaces all previous versions.