Terms and Conditions - ServiceM8 by Crystal IT - ServiceM8 Certified Partner®
Client – the entity who engages our services. The entity may be an individual, partnership, trust or incorporated body.
Partner – the entity that has received Partner Accreditation from ServiceM8 as an Accredited Partner and is suitably qualified to provide assistance with setup, training, customisation and support of the ServiceM8 solution. Hereafter a reference to a Partner is a reference to Crystal Integrated IT Solutions or CloudM8.
Services – includes all services, products and solutions provided by the Partner to the Client.
Site – refers to the ServiceM8 portal at www.servicem8.com and its associated mobile Apps
Annual Support Package – is a support plan offered to Clients to provide a priority support line to assist with the general day-to day running of the ServiceM8 system. Support includes answering general or specific questions, troubleshooting issues, addition of new staff, explanation of new features and their potential benefits and providing helpful tips and guidance to use the system in the most productive way, however it is not to be used as a comprehensive or regular training forum.
Support is provided either via telephone or via remote login, to satisfy a “rapid response” level of service.
Ad-Hoc Fees: $150 / hour
As a client, you agree to pay our charges for the Services we provide to you, which are based on a fixed hourly fee of $150 / hr inclusive of GST plus a call out fee (if applicable).Alternatively, we may provide a fixed price quote, which provides details of the entire scope of work.
Please note that the monthly subscription fee paid to ServiceM8, is unrelated to any fees which we charge.
Templates & Form Customisation
Up to two minor changes are permitted per template/form after initial template/form has been approved by customer.
Bug Fix Fees:
Any time incurred by us in troubleshooting a Client’s issue within the ServiceM8 platform, even if ultimately found to be due to a Bug within the ServiceM8 system, the time spent will be chargeable to the Client at our fixed hourly rate, unless you are covered by our Annual Support Package (described above).
We remind Client’s that, as an Accredited Partner of ServiceM8, we do not control the ServiceM8 system, or have access to its code and nor are we responsible for the smooth running of the system.
Annual Support Fees: (Optional): $600 p.a.
You acknowledge, that our Annual Support Package is optional and that the annual fee will include support for all reasonable requests to change, modify, and/or troubleshoot the ServiceM8 back-end, but excludes forms or template design or customisation, staff training, and support for any ServiceM8 Add-Ons.
Any support request not covered under our Support Package is separately chargeable at our fixed hourly rate.
You agree that we may cancel, suspend or withhold support to you, or remove any customised documents or templates from your ServiceM8 platform, if, at any time, you have not paid all fees that you owe to us, by the due date. Strict adherence to payment terms must be observed by the Client.
In the event we are unable to collect the fees you owe us, we may take any other steps we deem necessary to collect such fees from you, and that you will be responsible for all costs incurred by us in connection with such collection activity, including collection fees, court costs and legal fees. Any amounts not paid when due, shall bear interest at the rate of one and one half percent (1.5%) per month, or the maximum legal rate, if less.
Notice for Termination of Support Package:
The Client or Partner may terminate the Support Package , at any stage by providing 60 days written notice to the other party, except where the Partner terminates due to non-payment.
Data Availability/Data Loss:
Limit of liability
You acknowledge and agree that we are only willing to provide access to the Services if you agree to certain limitations of our liability to you and to third parties. You understand that to the extent permitted under applicable law, in no event will we or our officers, employees, directors, parent companies, subsidiaries, affiliates, agents or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the site, the services or your backed up data, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise.
If you are dissatisfied with any portion of the Service(s), your sole and exclusive remedy is to discontinue use of our services.
Our total liability to you for all claims arising from or related to the Site or Service(s) is limited, in aggregate, to the greater of (i) the amount of fees actually paid by you for use of our services in the month prior to the date the claim arose; or (ii) ten dollars (AUD $10.00).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Without limiting the foregoing, under no circumstances WILL WE be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, OR non-performance of third parties