FortiTech Hourly rates
Our current VIP rates are:
Business Hours Remote
Engineer (All issues from Desktop to Server Infrastructure) $80 + GST per 30-minute block (or part thereof)
Specialist (Project Management, Cyber Security, Advanced Products e.g. Cisco and Solution Architecture) $125 + GST per 30-minute block (or part thereof)
Business Hours Onsite
Engineer (All issues from Desktop to Server Infrastructure) $700 + GST per half day (or part thereof)
Specialist (Project Management, Cyber Security, Advanced Products e.g. Cisco and Solution Architecture) $1,100 + GST per half day (or part thereof)
After Hours/Public Holidays Remote
Engineer (All issues from Desktop to Server Infrastructure) $240 + GST per 1-hour block (or part thereof)
Specialist (Project Management, Cyber Security, Advanced Products e.g. Cisco and Solution Architecture) $375 + GST per 1-hour block (or part thereof)
After Hours/Public Holidays Onsite
Engineer (All issues from Desktop to Server Infrastructure) $1,050 + GST per half day (or part thereof)
Specialist (Project Management, Cyber Security, Advanced Products e.g. Cisco and Solution Architecture) $1,650 + GST per half day (or part thereof)
Parking costs within our standard service areas will be billed to the client at cost. Travel costs for outside of our standard service areas are upon application .
Our standard service areas are:
- Brisbane City Council
- Redland City Council
- Ipswich City Council
- Logan City Council
- Gold Coast City Council
ProTech Managed Technology Plan (Silver) - any and all work undertaken will be billable at the above rates
ProTech Managed Technology Plan (Gold) - onsite work undertaken at anytime will be billable at the above rates and along with any after hours work
ProTech Managed Technology Plan (Platinum) - business hours onsite support included and only after hours will be billable.
ProTech Managed Technology Plan (Titanium) - all support work both remote and onsite is included.
All remote work during business hours is chargeable at the applicable hourly rate and is charged in thirty (30) minute units or part
thereof from the time the Engineer answers the telephone until the task is complete, this includes time taken to document the issue in our
systems. After hours remote work is charged in 1 hour blocks.
For clients on our ProTech Managed Technology Plans (Gold and Platinum levels), remote work is billable when undertaken after hours or when clause 11.3 relating to non-supported software is invoked.
The supply of goods and/or the performance of services by FinTechnology Pty Ltd t/a FortiTech (“we” or “us” or “our”) to all its customers (“you”) is offered only and exclusively on the following terms and conditions. By requesting, ordering or otherwise permitting us to supply goods to or perform services for you, you hereby accept irrevocably and unconditionally our offer without derogation or qualification.
In these conditions:
“Conditions” means these Terms and Conditions;
- “Customer” or “you” means a person, firm or corporation, jointly and severally if more than one, that requests goods or services from us;
- “goods” means all products and other goods (including any software) supplied by us to you or on your behalf;
- “including” is not a word of limitation and means without limitation;
- “services” means all services performed by us for you or on your behalf;
- “business hours” means Monday to Friday 7.00am to 7:00pm, excluding gazetted Queensland public holidays;
- FortiTech or “we” or “us” or “our” ; and “Party” and “Parties” means (severally and not jointly) FortiTech and/or the Customer as the context requires.
- “Additional Services” means any services additional to and not included in (or specifically excluded from) the Services specified in the above.
- “Client” refers to the entity as referred to above in the signature block.
- “Client Site” means the Client’s primary place of business as specified in Schedule 1, Item 2 Client Details.
- “Commencement Date” means the date upon which the Services commence as specified in Commencement Date & Term section unless varied at the Providers discretion.
“Confidential Information” means information about the Client or its business or activities, that is by its nature proprietary or
confidential, and includes (without limitation) all business, financial, technical and other information of a disclosing party marked or
designated by such party as “confidential” or “proprietary”. Information is not Confidential Information of a party if it can be shown that
- is now or later becomes known (independently of disclosure by the disclosing party) to the recipient directly or indirectly from a source other than one having an obligation of confidentiality to the party;
- becomes publicly known or otherwise ceases to be confidential, except through a breach of this agreement by the recipient; or
- was independently developed by the recipient without use of Confidential Information of the party.
- “Fee” means the agreed sum or sums specified to be paid by the Client for the provision of Services and payable within 7 days of invoice date.
- “Equipment” means the Client’s IT Infrastructure, hardware and software along with any hardware or software owned by the Provider and provided as part of a Managed Service at the Client Site or otherwise in possession or control of the client.
- “Exclusions” means any items so nominated as not provided by the Provider.
- “Force Majeure” means causes or circumstances beyond reasonable control of the party not due to negligence, which are not reasonably foreseeable and include an Act of God, flood, malicious damage, embargo or unavailability of essential equipment or electrical failure or interruption or shutdown or corruption of internet outside the reasonable control of a Party.
- “Intellectual Property” means all registered and unregistered rights in respect of patents, copyright, designs, circuit layouts, trademarks, trade secrets, know-how, and all other intellectual property.
- “Maintenance” means services carried out an ongoing basis under the Terms of this Agreement.
- “Managed Service” an ongoing service where the Provider has bundled support, software and hardware at a fixed monthly Fee.
- “Provider” FinTechnology Pty Ltd trading as FortiTech and any of its subcontractors providing the service to the client.
- “Service” the work as stated above and considered reasonable to achieve the necessary outcome.
- “Term” means the period as detailed in the support Term section above starting after the date signed by the client representative.
2.0 Basis of Contract
2.1 Unless otherwise agreed by us in writing, these Conditions apply to every supply of goods and provision of services by us to you and cannot be varied, amended or supplemented by any other terms or conditions without our prior written consent.
2.2 Any written quotation provided by us to you concerning the proposed supply of goods or services is valid for 7 days and is an invitation only to you to place an order based upon that quotation. These Conditions may be supplemented by additional terms in our quotation which are not consistent with these Conditions.
3.0 Charges and Payment
3.1 Payment for goods and services must be made by cash, EFT, cheque or credit card on or prior to the supply of the goods or the performance of the services. Projects or large purchases will require the payment of a deposit, which maybe refunded partly or in whole at the discretion of FortiTech. All new accounts are payment upon receipt of invoice unless you have terms previously agreed with us. Credit card payments currently do not attract a Merchant Service Fee (MSF), however, FortiTech reserves the right to charge a nominal fee in the future. A payment is not considered to be received until the funds have cleared into our bank account.
3.2 Our current VIP rates are listed in our Rates Card and are subject to change, please refer to the current rates here: https://www.fortitech.com.au/legal/terms-conditions/
For clients on our ProTech Managed Technology Plan (Gold), onsite work undertaken at anytime will be billable at the above rates and along with after hours work, but those clients on our ProTech Managed Technology Plan (Platinum) have business hours onsite support included in their plan, and only after hours will be billable.
3.3 All remote work during business hours is chargeable and is charged in thirty (30) minute units from the time the technician answers the
telephone until the task is complete, this includes time taken to document the issue in our systems. Any part thereof is chargeable at the
same rate as a full thirty (30) minutes. After hours remote work is charged in 1 hour blocks.
For clients on our ProTech Managed Technology Plans (Gold and Platinum levels), remote work is billable when undertaken after hours or when clause 11.3 relating to non-supported software is invoked.
3.4 All goods (hardware and software) supplied by us are charged separately from the services. For clients on our ProTech Managed Technology Plans the installation of workstations (desktops and laptops)that are purchased through FortiTech is undertaken at no charge.
3.5 If you exceed your approved credit terms, FortiTech reserves the right to change a late payment fee and/or collections fees in addition to the original invoice amount.
3.6 Any disputes in relation to billing must be made in writing to firstname.lastname@example.org within 3 calendar days from the date of invoice issue.
4.0 Payment Default4.1 If you default in the payment by the due date of any amount payable to us we may, without prejudice to any other right or remedy available to us:
a) charge you interest on any sum due at the rate of 2% above the corporate reference rate of our principal banker. This interest shall be
calculated daily and compounded every 30 days for the period from the due date until the date of payment in full; and
b) charge you for all expenses and costs (including debt collection commission and fees, legal costs on a full indemnity basis and dishonoured cheque fees) suffered or incurred by us resulting from the default, including taking whatever action we deem appropriate to recover any amounts due (which, for the avoidance of doubt, shall include engaging a debt collection agency to seek to recover the amounts due); and
c) cease or suspend for such period as we think fit, supply of any further goods or services to you; and d) by notice in writing to you, terminate any contract with you so far as unperformed by us; without effect on our accrued rights under this or any other contract.
a) where you are an individual, you become bankrupt or enter into any scheme of arrangement or any assignment or composition with or for
the benefit of your creditors or any class of your creditors generally; or
b) where you are a corporation, you enter into any scheme of arrangement or any assignment or composition with or for the benefit of your creditors or any class of your creditors generally, or you have a liquidator, provisional liquidator, administrator, receiver or receiver and manager appointed, or any action is taken for, or with the view to, your liquidation (including provisional liquidation), winding up or dissolution without winding up.
5.0 Passing of Property5.1 Until full payment of cleared funds is received by us for all goods supplied to you as well as all other amounts owing to us by you:
a) title and property in all goods remains vested in us and does not pass to you;
b) you must hold the goods as fiduciary bailee and agent for us;
c) you must keep the goods separate from your other goods and maintain the labelling and packaging of the goods;
d) you hereby undertake to us to hold the proceeds of any sale of the goods on trust for us in a separate account, however any failure to do so will not affect your obligation to deal with the proceeds as our trustee;
e) we may, without notice, enter any premises where we suspect the goods may be and remove them, notwithstanding that they may have been attached to other goods not the property of us, and for this purpose you irrevocably license us to enter such premises and shall also indemnify us and hold us harmless from and against all costs, claims, demands or actions by any party arising from such action.
6.0 Risk and Insurance
The risk in goods and all insurance responsibility for theft, damage or otherwise in respect of the goods shall pass to you immediately upon delivery of the goods to the premises nominated by you.
7.0 Performance of Contract
7.1 Any period or date for delivery of goods or provision of services stated by us is intended as an estimate only and is not a contractual commitment. We will use our reasonable endeavours to meet any estimated dates for delivery of the goods or completion of the services.
7.2 Whilst every attempt will be made to perform the work onsite, it may be necessary to return your system to our base or third party for diagnosis or repair.
8.0 FortiTech Warranties
8.1 You acknowledge that computers are complicated and sometimes problems are more deeply rooted or complicated than initially diagnosed. You also acknowledge that a problem which occurs with your computer after our visit may be unrelated to the work we performed for you and is therefore outside the scope of our Service Guarantee.
8.2 You acknowledge that any equipment presented for repair may have pre-existing damage or other problems, and that FortiTech cannot, due to such pre-existing damage, assume responsibility for such damage or further problems resulting there-from.
8.3 When we sell you equipment, hardware or software, we may be selling such equipment, hardware or software on behalf of a third party manufacturer or licensor. We do not warrant that the operation of any software we install or service will be uninterrupted or error free. You acknowledge that software (and information technology and communications products generally), including your software, may have errors and may encounter unexpected problems, and accordingly, you may experience downtime and errors in the use of the software. You also acknowledge that your use of such software may be subject to a third party licence.
8.4 We shall honour all terms (if any) that are implied under applicable State and Commonwealth laws concerning the supply of the goods and/or the performance of the services and nothing in this clause 8 seeks to restrict, modify or exclude such items. Our express warranty and guarantee are in addition to and do not affect your statutory rights and remedies.
8.8 Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.
9.0 Customer’s Responsibilities
9.1 You shall be solely responsible for all data inputs, the manner of use of the goods by all those to whom it provides access and all outputs derived, and all other results of such processing.
9.2 You shall comply, at your own expense, with any recommendations and guidelines with respect to the use of the goods, including any adjustments or replacements required in respect of equipment and software that is incidental or collateral to the use of the goods.
9.3 You shall ensure that your operators are adequately trained and informed as to the use of the goods and shall comply with guidelines and procedures supplied by us and/or any third party manufacturer from time to time.
9.4 You shall promptly report errors or faults in the operation of any aspect of the goods or any provision of the services in accordance with applicable fault reporting procedures from time to time.
9.5 You shall perform general “housekeeping”, testing, adjustment and/or maintenance as recommended by us in respect of any goods supplied by us in order to maximise the availability of and performance of the goods or permit performance by us of any of our obligations hereunder.
9.6 You agree to exercise due care and carry out such precautions which may be recommended by us or otherwise required as a matter of prudence in connection with the performance by us of any of our obligations hereunder, for example, but without limiting the generality of the foregoing, advising your staff of system restarts or scheduled downtime, recording of error information, and will cooperate with other system administration activities such as, but not limited to, running diagnostic tests and operational readiness tasks.
9.7 You represent and warrant to FortiTech that you are the owner of, and /or have the right to be in possession of and make decisions regarding, all data, media or equipment (“Data”) provided to FortiTech , and that you have obtained all necessary consents required under the Privacy Act 1988 (Cth) in relation to the disclosure of personal information by you to FortiTech and to the use of that personal information by FortiTech , and that your collection, possession, processing and transfer of such Data is in compliance with data protection and privacy laws to which you are subject. You indemnify FortiTech from any expense (including reasonable legal fees), damage or liability arising out of any claim, demand or suit resulting from a breach of your warranties.
9.8 You shall as a fundamental term of these Conditions back up all software, data and files that are stored on your computer and/or on any other storage devices you may have prior to the arrival of the FortiTech support person. We and/or our third party service provider shall not be responsible at any time for any loss, alteration or corruption of any such software, data or files. Repair of goods may result in loss of data.
9.9 Onsite services involve our FortiTech support person visiting you at your home or other location (Premises) requested by you.9.9.1 You must provide our support person with:
a) access to the areas of your premises necessary to provide services;
b) necessary passwords to your computer;
c) a safe working environment and working space;
d) electrical power and internet access (where applicable).
9.9.2 If the services involve the installation of software, then you must provide our technicians with the installation disks for your operating system or software along with a product key for this software.
10.1 To the full extent permitted by applicable law, all conditions, warranties, representations, indemnities and guarantees with respect to the goods and/or the services, or other goods or services that may be provided by FortiTech under these Conditions, that may otherwise be implied by statute, law, equity, trade custom, prior dealings between the Parties or otherwise (including, but not limited to, any implied warranty of merchantability, fitness for particular purpose, quiet enjoyment or non-infringement) are hereby expressly excluded.
10.2 Except to the extent specifically provided in these Conditions, our sole liability to you for any and all breaches of any term or terms of these Conditions, whether express or implied, shall be limited to:
10.2.1 subject to sub-clauses 10.2.2 and 10.2.3, the aggregate amount of the fees and charges paid by you under these Conditions as at the date of the breach;
10.2.2 in relation to goods if supplied to you as a consumer (as defined in the Trade Practices Act 1974):
a) the replacement of the goods or the supply of equivalent goods; or
b) payment of the cost of replacing the goods or acquiring equivalent goods; or
c) the repair of the goods or payment of the cost of having the goods repaired, as in each case we may elect; and
10.2.3 in relation to services if supplied to you as a consumer (as defined in the Trade Practices Act 1974):
a) the supplying of the services again; or
b) the payment of the cost of having the services supplied again, as in each case we may elect.
10.3 In no event shall we be liable to you or to any third party under or in connection with these Conditions or in respect of the use of (or failure or performance of) the goods or the supply of the services for:
10.3.1 malfunctions or failures caused directly or indirectly by:
a) any third party;
b) our actions that were expressly or impliedly authorised by you, or by your employees or agents;
c) accident, misuse or abuse by anyone other than us;
d) alteration or modification of the goods by anyone other than us;
e) products (including any hardware or software) not licensed or supplied by us that are attached to or used with the goods;
f) your failure to provide a proper operating and working environment for the goods;
g) damage during any movement, relocation or re-installation of the goods;
h) power surge or failure;
i) acts of God or acts outside our reasonable control;
j) any other condition not arising under normal operating conditions; or
k) normal wear and tear; or
10.3.2 any loss or damage of any nature arising or caused directly or indirectly by any breach of your obligations or responsibilities set out in these Conditions.
10.4 Any replacement of parts under warranty will be carried out at the premises nominated by us. The cost and risk of transport to the nominated premises is your responsibility.
10.5 In no event will we be liable to you or to any third party under or in connection with these conditions or in respect of use of (or failure or performance of) the goods or the supply of the services for:
10.5.1 any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit;
10.5.2 your liability to any third party; or
10.5.3 incidental, consequential, special, exemplary or punitive damages of any nature, howsoever arising or caused, including without limitation the breach of these conditions or any expiration or termination of these Conditions, whether such liability is asserted on the basis of statute, contract, tort (including negligence or strict liability), equity or otherwise, even if we have been advised of the possibility of such loss or damage.
10.6 We will not be liable for any loss or damage suffered by you where we have failed to meet any delivery date or cancelled or suspended the supply of goods or services.
10.7 Nothing contained in these Conditions excludes, restricts or modifies any:
10.7.1 implied condition, warranty or other implied obligation in relation to these Conditions or the goods and services where pursuant to
applicable law to do so is unlawful or void; or
10.7.2 liability for fraud or deceit; or
10.7.3 liability for death or personal injury caused by the negligence of either Party.
11.1 We will not be responsible to you or any third party for any breach of any software licence in respect of software provided to us by
you to be installed on your computer.
11.2 You hereby warrant that you have a valid licence in respect of such software and shall indemnify us and hold us harmless against any loss, damage, costs, harm or other expense whatsoever arising either directly or indirectly as a result of us installing software at your request.
11.3 FortiTech supports software that is supplied directly by us and also provides unlimited remote and/or onsite support for the third part software listed on our Supported Software page for our clients that are on our ProTech Managed Technology Plans depending on their subscription level. Support for any software not listed will be undertaken at best effort and may be deemed billable.
12.1 If, through circumstances beyond our reasonable control, we are unable to affect delivery or provision of goods or services, then we
may cancel your order (even if it has already been accepted) by notice in writing to you.
12.2 If you give us less than twenty four (24) hours’ notice to cancel any request for on-site service, then we may charge a cancellation fee equal to the first hour of service at the rates quoted at the time of booking for the loss and expense caused.
13.0 No Representation or Reliance
13.1 You acknowledge that neither we nor any person acting on behalf of us has made any representation or other inducement to it to enter into these Conditions, except for representations or inducements expressly set out in these Conditions.
13.2 You acknowledge and confirm that you do not enter into these Conditions in reliance on any representation or other inducement by or on behalf of us, except for representations or inducements expressly set out in these Conditions.
13.3 Without limiting the generality of clauses 14.1 and 14.2, you understand and hereby confirm that: a) your decision to enter into these Conditions was, and is, not based on any promise, representation, statement, warranty or undertaking made or given by us or any person on its behalf in relation to the capacity, uses or benefits that might or would be derived or obtained from the goods or services, except as expressly set out in clause 8, and,b) you have relied on your own skill and judgement in deciding to purchase and acquire the goods and services.
14.0 Entire Agreement14.1 To the extent permitted by law, in relation to its subject matter, these Conditions:
14.1.1 embody and constitute the entire legal and contractual relationship of the Parties, including the entire terms agreed by the
14.1.2 supersede, replace and terminate by mutual consent any prior written or oral representations, negotiations, understandings, agreements or contracts between the Parties.
ProTech Managed Technology Plans
In addition to the above standard terms and conditions, the following terms also apply to our ProTech Managed Technology Plans.
15.0 Services & Fees
15.1 We will provide the Services for the Fee as set out in our ProTech Managed Technology Plan proposal. In the event that there is any Additional Services required, the Provider will first advise the Client and will only proceed to carry out Additional Services after first obtaining the approval from the Client.
15.2 The Parties have agreed on the Fee but the parties may review the Service and/or the Fee during the Term and may agree to vary the Fee or the Services by agreement in writing
16.1 There are some Hardware and Software requirements that the client needs to have in place in order for Us to meet our Service
obligations, If You do not have all of these Minimum Standards in place before Your Agreement start date We will work with you on a plan
to bring your Network up to our Minimum Standards.
We understand that this may take some time depending on timing and budgets, so we will do our best to support any items that do not currently meet Our Minimum Standards.
However, if an item requiring support does not meet our Minimum Standards, it will be at our sole discretion whether we charge You for any time incurred for supporting that Item.
17.0 Service Levels
17.1 In the event that the Provider fails to deliver the services in accordance with this Agreement, except where any failure by the Provider to meet any or all of the service level guarantees that are attributable, to the act or omission, whether wilful, negligent or accidental, of the Client or its representatives or Force Majeure, it shall, on notification by the Client within 14 days of such an event subject to the limitations in this Agreement the Provider will reimburse the Client an amount equal to 10% of any ongoing fee for every breach of the Service Level to a maximum of the value of the ongoing Fee for that month.
17.2 Service level breaches notified later than 60 days after the breach shall be deemed as resolved and not subject to reimbursement.
17.3 The process for lodging Service Requests is outlined in Our General Terms and Conditions as referenced in the General Section of this Agreement.
17.4 Critical Priority Service Requests must be lodged via phone only otherwise Our Response Time Guarantee will only be applicable at Our Medium priority level for these. It’s important You and Your team follow this process to ensure You are guaranteed to receive the support at the levels We have promised.
17.5 You agree to make sure Your team is aware of any restrictions you have in place regarding who is authorised to lodge Service Requests, as all requests received by Us will be chargeable and/ or allocated against this Agreement.
18.1 The total liability of a party to the other party hereunder in any period of twelve (12) months during the Term shall not exceed 100% of the Fee payable by the Client during such period of twelve (12) months.
18.2 The Client acknowledges that while the Services (including the Maintenance) will minimise the risk of possible data loss, appropriate backup is mandatory to mitigate the risk due to the possibility of unexpected hardware failure and software corruption and agrees that the Provider will not be held responsible for loss where they have informed the Client of the risks in writing previously.
19.1 Except any month-to-month service, any Agreement will automatically renew for 12 months at the end of the initial term unless 30 days’ notice is given by either Party in writing at the end of the term. Clients wishing to terminate the agreement must do so in writing to email@example.com
20.1 Any month-to-month service can be cancelled with 90-days notice. This is to allow sufficient offboarding procedures to be undertaken.
20.2 Any contracted service terminated by the client before the end of the term will incur a termination fee of 100% of the remaining contract value which the client acknowledges and agrees is a genuine pre-estimate of the loss the Provider will suffer.
20.3 If the party in breach is the client the Provider may suspend services at its discretion until the breach has
20.4 Clients wishing to terminate the agreement must do so in writing to firstname.lastname@example.org
20.5 The client must pay any outstanding amounts owing within 7 days of termination, if it remains unpaid after this time any monies owing will be referred to our debt collection partner.
20.6 If this agreement is terminated both parties will return any property in possession belonging to the other party.
20.7 Any service can be terminated immediately in the following circumstances:
- the Provider commits any serious or persistent breach of any of the provisions of this agreement and hasn’t remedied them within 30 days written notice;
- being a natural person dies;
- ceases conducting business.
21.0 Intellectual Property
21.1 The Client’s Confidential Information and Intellectual Property will at all times be owned by the Client and shall not be copied, duplicated, adapted or reproduced by the Provider at any time without the prior written consent of the Client except as necessary to provide the Services.
21.2 All Intellectual Property relating to the Client’s business, the Confidential Information and any developments, improvements or variations to that Confidential Information or Intellectual Property effected by the Provider will at all times be owned by the Client and shall not be copied, duplicated, adapted or reproduced by the Provider at any time in any medium without the prior written consent of the Client except as necessary to provide the Services.
21.3 The Provider covenants to promptly execute all documents and do all things as may be reasonably necessary or desirable to assign or otherwise vest in the Client ownership of any Intellectual Property which relates to the Client’s Intellectual Property and which may have been developed by the Provider in providing the Services under this Agreement, including but not limited to, any improvements or developments in the Client’s Intellectual Property.
21.4 The Provider must immediately notify the Client of any infringement of the Client’s Intellectual Property of which it becomes aware and co-operate with the Client upon the Client’s reasonable request, if the Client chooses to take any action against the infringer to prevent that infringement from continuing or prevent future infringement. Any damages or account of profits or legal costs that are received as a result of the action by the Client will be paid to the Client.
22.0 Restraint of Trade
22.1 Except with the prior consent of the Client, during the Term of this Agreement and after Termination of this Agreement, neither the Provider nor its staff will use the Client’s Intellectual Property to become or be involved in, directly or indirectly, whether alone or in partnership with, or as an employee, agent, director, member or shareholder of, or as consultant or adviser to any person, firm, association or corporation which is engaged or concerned in or carries on in any manner whatsoever or has a pecuniary interest of any kind in any business or undertaking involved in the supply of any services competitive with the Client’s business.
22.2 The Provider acknowledges that the prohibitions and restrictions contained in the clause 10.1 are important to protect the goodwill and reputation of the Client and its Intellectual Property and are reasonable given the nature of the Client’s business and procedures which will be accessible and provided to the Provider as part of the provision of the Services to the Client.
23.0 Primary Contacts
You agree to nominate from your team a Primary Contact and a Secondary Contact (who we will treat as the Primary Contact should the current Primary Contact not be available).
When issues of Critical Priority are happening your team are to channel all communication through these people during business hours. This allows our team to work most effectively in restoring your services as fast as possible, instead of fielding calls from multiple sources about the same problem.
The Primary Contact is to inform all staff at these times, to ensure fast resolutions.
The role of the Primary Contact is to also assist our team to be the eyes and hands onsite, to allow them to remotely diagnose and solve issues in the fastest possible manner.
You will be asked to provide the details of your nominated Primary and Secondary Contacts during your onboarding process and you agree to update us immediately if and when these contacts change during the Term of this Agreement.
24.0 Third Party Authorisations
24.1 In order to be able to assist you quickly in times of need, you need to make sure we are authorized to work with all of Your external vendors that We may be required to work with to provide our service. This includes but is not limited to your Internet Service Provider (ISP), your website and domain hosting provider and your telephony provider. During your onboarding process we will run through with you to determine all the vendors you will need to give authorisation to.
24.2 If we are not Authorised for a particular vendor, we may in our absolute discretion, charge you extra for any time it takes us to obtain authorisation for us to deal with that vendor on your behalf when needed.
24.3 If you start working with any new vendors that we will need to interact with after we start work on this Agreement, you agree to make sure that we are authorised to act on your behalf on commencement of your relationship with the new vendor.
25.0 Fair Use Policy
We are keeping rights to apply our “Fair Use Policy” for our unlimited plans. We may identify issues by type of connected device, job profile or any symptoms that we may consider as reasonable. In case we find your usage unreasonable we contact to you by e-mail with a first warning. If usage continues in the same manner we may switch you to a time and materials plan or your service may be suspended.
3CX Cloud Hosted VoIP PBX Plans
In addition to the above standard terms and conditions, the following terms also apply to our 3CX Cloud Hosted VoIP PBX Plans
26.0 Service Description
FortiTech's 3CX Cloud Hosted VoIP PBX Plans are provided to small business Australian and overseas customers. These Plans are designed for normal office business usage and cannot be used for any type of Call Centers, Telemarketing, Calling Cards, Traffic terminations, Calls forwarding or aggregations from other networks, wholesale resale any of our services. FortiTech's 3CX Cloud Hosted VoIP PBX Plans provide business access to make and receive calls over the internet to the Public Switched Telephone Network (PSTN), via Voice over Internet Protocol technology.
27.0 Contract Term
Our 3CX Cloud Hosted VoIP PBX Plans are provided on a rolling 12 month contract. 30 days’ notice of cancellation is required prior to when the automatic 12 month renewal is due to occur.
28.0 Minimum Requirements
VoIP is internet telephony. The availability and quality of the service may differ from a standard telephone. FortiTech only offers this service to customers who agree to waive all rights under the normal Customer Service Guarantee for this service.
You must maintain a broadband connection of at least 512/128k speed for each line.
You will be supplied with the required hardware (with an additional payment for equipment) to use the service if required, alternatively you may use soft phone on your PC or mobile.
FortiTech's 3CX Cloud Hosted VoIP PBX Plans may be used to call the emergency number 000, in this case you should not regard any VoIP service as a reliable service in an emergency.
Priority Assistance does not apply to FortiTech's 3CX Cloud Hosted VoIP PBX Plans. VoIP services are not recommended if you/another resident or business demands have a disability, serious illness or other life-threatening condition necessitating an uninterrupted phone line.
29.0 Monthly Access Fee
The basic monthly access fee includes four (4) lines and Unlimited local, national, mobile and 13/1300 calls. One (1) line means one (1) concurrent outgoing or incoming call.
If customer needs more than four (4) calls at one moment of time then the number of lines may be increased in quantities of four (4) and the monthly fee will increase in line with this.
1300/1800 Phone numbers are available to be ordered separately.
30.0 Call Charges
Local/National calls: Included
Calls to 13/1300 numbers: Included
Australian Mobile calls: Included
Incoming calls on 1300/1800 numbers are charged as 4.5 cents per minute with per second increment with 10 seconds minimum time.
International Calls are charged in 60 second increments. Costs to popular destinations are listed below, rates are subject to change. Please contact us for specific countries it is not listed here.
| China 2.35 c /min
|| New Zealand 2.7 c /min
| Colombia 5.3 c /min
|| Nepal 19.7 c /min
| France 1.4 c /min
|| Pakistan 6.9 c /min
| Germany 6.1 c /min
|| Philippines 18 c /min
| India 2.0 c /min
|| Poland 2.6 c /min
| Iran 19.0 c /min
|| Romania 2.6 c /min
| Iraq 23.0 c /min
|| Russia 2.0 c /min
| Israel 3.5 c /min
|| Singapore 3.4 c /min
| Italy 16.7 c /min
|| Sri Lanka 23.6 c/min
| Japan 5.0 c /min
|| Taiwan 2.7 c /min
| Malaysia 4.1 c /min
|| United Kingdom (UK) 3.4 c /min
| Mexico 0.7 c /min
|| United States of America (USA) 1.3 c /min
31.0 Fair Use Policy
We are keeping rights to apply our “Fair Use Policy” at “Business Unlimited” plans that have “Included”, “Untimed”, and “FREE” options when we detect unreasonable usage and reserving rights to change plan without any future notice. Under unreasonable usage for FortiTech's 3CX Cloud Hosted VoIP PBX Plans we understand using of your FortiTech's 3CX Cloud Hosted VoIP PBX Plan for any apart from normal office purposes like: Call Centers, Telemarketing, Calling Cards, Traffic terminations or any similar use, any type of Automatic – Dialers (Including Alarm Systems), Calls forwarding or aggregations from other networks, wholesale esale any of our services. We may identify these issues by type of connected device, calls profile or any symptoms that we may consider as reasonable. In case we find your usage unreasonable we contact to you by e-mail with a first and last warning. If usage continues in the same manner - we switch you to business plan with no included calls option or your service may be suspended without any money refund.
Current as at 30 April 2020