Please Accept Below
Please read through this Engagement Agreement “Agreement” carefully before accepting it at the bottom of this page. By accepting this, you agree to be bound to the below terms and condition for all engagements conducted for the company name provided. By agreeing to this document you are also signify you have the relevant authority to enter in to this Agreement. This Agreement outlines the responsibilities of both Electric Universe Pty Ltd “Electric Universe” and the end recipient of all goods and services provided, “The Client”.
1. Services and Scope of Work
Electric Universe will provide services, in the capacity of an independent contractor, including Managed Services & Support under an ongoing contract, network management, desktop support, hardware & software sales, server management, email management and third-party software by prior arrangement.
Prior to services being performed, a quote, contract or scope of work document will be provided where possible to The Client by Electric Universe with acceptance required before work is initiated. By accepting any of these documents The Client agrees to the scope of work outlined within, all further services provided which are not specifically outlined in these documents will incur additional charges as outlined on our Pricing page. Ongoing support for hardware and software implemented by Electric Universe will not be provided unless specifically stated in documentation accepted by The Client before services are performed. For more information regarding warranties for services performed by Electric Universe, see Section 4 of this Agreement.
If The Client does not agree to the scope of works outlined in a quote, contract or scope of works document they must contact Electric Universe to request an amendment before acceptance.
2. Fees, Payment Terms and Non-Payment Disclosure
Electric Universe’s fees and pricing are available on our pricing page. All prices displayed on this webpage are valid for all services but may be superseded by further estimates or contractual documentation provided by Electric Universe to The Client.
Payment must be made prior to or on the same day that services are provided or initiated for all first-time engagements including the first invoice of any ongoing contracts. For further engagements or for clients who have been issued an invoice in the past by Electric Universe, payment is required two (2) weeks from the date of invoice.
All invoices for hardware and software (including subscription based software) must be paid before the goods are delivered to The Client. If an invoice includes hardware and software as well as additional service components, payment for hardware and software must be made prior to delivery of goods, the remaining components are subject to the payment terms outlined below.
- First Invoice: Payment must be made prior to or on the same day services are provided or initiated.
- Second or Subsequent Invoices: Payment must be made no later than two (2) weeks from the invoice date.
- Hardware and Software Sales: All payments must be made prior to delivery of goods.
If payment cannot be made by the dates outlined above a written request for a payment extension must be submitted to email@example.com for approval. If payment has not been made within the timeframes listed above or if approval of a payment extension has not been approved, Electric Universe reserves the right to suspend all services provided to The Client. This includes, but is not limited to: suspension of email accounts, withholding of passwords, revoking access to services and removal of any property owned by Electric Universe.
For all onsite visits, Electric Universe will contact The Client prior to the engagement to organise parking arrangements. If no parking is available for Electric Universe to utilise, a parking fee will be charged to the Client, this applies to all clients regardless of the type of engagement. For clients not under an ongoing Managed Services & Support agreement, Electric Universe reserves the right to charge a “Callout Fee” to cover the cost of travel to and from The Client’s place of business.
3. Agreement Length and Termination
This agreement has no fixed length, either Electric Universe or The Client may terminate this agreement at any time under the following conditions:
- For clients not under any other agreement or contract; 14 days written notice must be provided before this Agreement is terminate. This agreement cannot be terminated if The Client has any unpaid invoices.
- For clients under further agreements or contracts; All existing contracts or agreements must be terminated before this Agreement can be terminated. Once the additional agreements and contracts have been terminated, this Agreement can be terminated immediately upon the provision of written advice. This agreement cannot be terminated if The Client has any unpaid invoices.
4. Warranties, Limitations and Dispute Resolution
All goods and services provided by Electric Universe are subject to the Competition and Consumer Act 2010 and the Fair Trading Act 1989 (QLD). As such, Electric Universe will provide warranties and remedies in compliance with the relevant state and federal consumer laws.
By accepting this Agreement The Client expressly agrees that all engagements, goods and services are provided on an ‘as is’ and ‘as available’ basis and are undertaken at The Client’s sole risk. Electric Universe makes no warranty that services and goods provided will be uninterrupted, secure or error-free. Under no circumstance, except by applicable law, will Electric Universe be held liable by The Client or Third-Party for any indirect loss of data, business opportunities, profit, time or any other indirect damages. Electric Universe’s liability for any damages caused directly are limited to the fees paid to Electric Universe by The Client over the preceding six (6) months of the engagement.
All request for remedies must be made in writing and directed to firstname.lastname@example.org. All request for remedies relating to services and work provided by Electric Universe must be made within fourteen (14) days of the work or service completion after which time if The Client makes no request for remedy the work or service will deemed to be completed to satisfaction and accepted by The Client.
Electric Universe does not provide any warranties for goods provided, all warranties, if any, will be provided by the manufacturer of the goods and are subject to the manufacturer’s own terms and conditions.
Electric Universe makes no express warranties other than what is explicitly stated in this Agreement.
Both Electric Universe and The Client agree to protect each party’s “Confidential Information” which includes but is not limited to: costs, pricing, quotes, proposals, suppliers, in-house software and products, all employee information, trade secrets, workflows, future business plans, emails, passwords, company documentation and files. Confidentiality is extremely important to Electric Universe and as such, Electric Universe will not divulge any company information of The Client to any Third-Party unless express permission is granted or if the information is required to complete work at the behest of The Client.
By clicking “Accept” below, you accept all terms, conditions, clauses and statements outlined in this Agreement on behalf of The Client as defined in the “Company” field below.