Terms and Conditions

1. Parties and scope

These Terms and Conditions apply between My Global Solutions Group (ABN 50 805 377 293) ("we", "us") and the person or entity named on the quote, order form or invoice ("you"). They apply to every product and service we supply unless a signed Master Service Agreement or Service Level Agreement says otherwise.

Where documents conflict, the order of precedence is: a signed Master Service Agreement, then the applicable Service Level Agreement, then the accepted quote or order form, then these Terms and Conditions.

2. Quotes and orders

Quotes are valid for 30 days from the date of issue unless stated otherwise, and are based on the information available to us at the time of quoting. Where the scope, environment or data volume differs materially from what was described, we will issue a revised quote before proceeding.

An order is formed when you accept a quote in writing, sign an order form, or instruct us to commence work.

3. Fees, invoicing and payment

• Recurring services are invoiced monthly or annually in advance; project work is invoiced against agreed milestones.
• Standard payment terms are 14 days from the date of invoice unless a different term is recorded on the order form.
• Prices are in Australian dollars and exclude GST unless expressly stated.
• Overdue amounts may attract interest at the Reserve Bank of Australia cash rate plus 4% per annum, calculated daily.
• We may suspend services on overdue accounts after giving you at least 7 days written notice.

4. Your responsibilities

• Provide timely access, approvals, credentials and information reasonably required to deliver the service.
• Nominate an authorised contact who can approve changes and costs.
• Maintain licences for any third-party software you ask us to install or manage.
• Use the services in accordance with our Acceptable Use Policy and applicable law.

5. Variations and change control

Either party may request a change to scope. Changes take effect once documented in writing and accepted by both parties, including any effect on price and timeline.

Work performed outside an agreed scope is billed at our then-current professional services rate.

6. Intellectual property

You retain ownership of your data, content and pre-existing materials. On full payment, you receive ownership of bespoke deliverables created specifically for you, other than our pre-existing tools, libraries, templates and know-how, which remain ours and are licensed to you for use with the deliverable.

7. Confidentiality

Each party will keep the other's confidential information secure, use it only for the purpose of the engagement, and disclose it only to personnel and subcontractors who need it and are under equivalent obligations.

8. Warranties and consumer guarantees

We warrant that services will be performed with due care and skill by suitably qualified personnel. Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded.

Where we are permitted to limit liability for a failure to comply with a consumer guarantee, our liability is limited to re-supplying the service or paying the cost of having the service re-supplied.

9. Liability

To the extent permitted by law, neither party is liable for indirect or consequential loss, loss of profit, loss of revenue or loss of anticipated savings. Our aggregate liability in connection with a service is limited to the fees paid by you for that service in the 12 months before the event giving rise to the claim.

These limits do not apply to a party's liability for death or personal injury caused by negligence, fraud, or wilful misconduct.

10. Suspension and termination

• Recurring services may be cancelled with 30 days written notice unless a minimum term applies.
• Either party may terminate for material breach if the breach is not remedied within 14 days of written notice.
• We may suspend a service immediately where continued operation presents a security, legal or network-integrity risk.
• On termination we will provide a reasonable exit handover, including configuration exports and documentation, chargeable at our professional services rate where the work exceeds two hours.

11. Governing law

These terms are governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of that State.

12. Contact

Questions about these terms can be sent to [email protected] or to our head office at 29/97 Creek Street, Brisbane City QLD 4000, Australia.