Service Terms and Conditions for Trionix IT
1. Introduction
These Service Terms and Conditions (“Terms”) govern the provision of IT and digital services provided by Trionix IT (“Company,” “we,” “our,” or “us”) to the Client (“Client” or “you”). By engaging in our services, you agree to comply with and be bound by these Terms.
2. Scope of Services
The Company provides a variety of IT services, including but not limited to:
- Web Development
- UI/UX Design
- IT Infrastructure Setup (NAS, PC, and Monitor Setup)
- Digital Marketing Services
- Hosting and Domain Registration (White-label)
- Graphic Design Services
- Server and Network Setup The scope, timeline, and deliverables of any specific service will be outlined in a formal agreement or project proposal, which forms part of these Terms.
3. Service Agreement
Upon engaging Trionix IT, the Client shall receive a written Service Agreement or Project Proposal detailing:
- The services to be provided
- Project timelines and milestones
- Payment terms and schedule
- Any other project-specific requirements The Client must sign the Service Agreement to confirm acceptance of the terms and commence the project.
4. Payment Terms
- Fees: All fees and charges for services will be set out in the Service
- Payment Schedule: Payments will be due as outlined in the agreement, typically structured as follows: 50% deposit upfront, 25% upon completion of key milestones, and 25% upon final
- Late Payments: Payments not made within the agreed timeframe may be subject to a late fee of 2% per month of the outstanding Trionix IT reserves the right to suspend or terminate services if payment is not received.
- Clarity on Late Payment Fees: Explicitly state how the 2% per month late fee is calculated (e.g., on the outstanding balance or cumulative overdue amount).
- Invoice Timeline: Consider specifying the timeframe for issuing invoices and the deadline for payments (e.g., “Invoices must be paid within 7 days of receipt”).
5. Client Responsibilities
The Client agrees to:
- Provide accurate, complete, and timely information necessary for Trionix IT to perform the
- Make available any necessary resources, such as access to systems, servers, or relevant
- Respond promptly to communications to ensure project deadlines are met
- Review and approve deliverables within the timeline set out in the project
- Failure to meet these obligations may result in project delays, additional fees, or suspension of services.
6. Changes and Modifications
- Change Request Form: Any changes to the project scope must be documented using a Change Request Form.
The Change Request Form should include a detailed description of the requested change, the reasons for the change, and the potential impact on the project timeline and budget.
- Approval Process: The Change Request Form must be reviewed and approved by relevant stakeholders, including the project manager and client. Upon approval, the project plan, timeline, and budget will be updated to reflect the agreed-upon changes. No work on the requested change will begin until the Change Request Form has been officially approved.
Calculating Additional Fees for Scope Changes
Hourly Rate:
Additional fees for scope changes can be calculated based on the hourly rate of the team members involved in implementing the change.
Each team member’s time spent on the scope change will be tracked, and the total cost will be calculated by multiplying the hours worked by their respective hourly rates.
7. Intellectual Property
- Ownership of Deliverables: Upon full payment of the agreed fees, the Client shall own the final deliverables, including any websites, code, graphics, or other materials created during the project.
- License to Use: Trionix IT retains the right to showcase work produced for the Client as part of its portfolio, marketing materials, or case studies, unless otherwise agreed.
- Third-party Materials: Any third-party software, plugins, or other materials incorporated into the project remain the intellectual property of their respective owners, and the Client must comply with the licensing terms of such materials.
8. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information exchanged during the course of the engagement. Trionix IT shall not disclose any information about the Client’s business or project without prior written consent, except as required by law
9. Warranties and Disclaimers
- Service Warranty: Trionix IT warrants that it will perform services in a professional and workmanlike manner. However, due to the nature of IT services, the Company does not guarantee that services will be completely free from errors or interruptions.
- Limitation of Liability: Except in cases of gross negligence or willful misconduct, Trionix IT’s total liability under this Agreement shall not exceed the total amount of fees paid by the Client for the services rendered. The Company shall not be liable for any indirect, incidental, or consequential damages.
- Third-Party Services: Trionix IT may recommend or provide third-party software or services. This includes, but is not limited to, software licenses, hosting services, and any other external tools or services necessary to complete the project. Any costs associated with these third-party services are to be borne by the client
- Error Handling: Consider including a provision for the resolution of critical errors or bugs beyond the warranty period, such as “Errors impacting essential functionality will be addressed within a mutually agreed timeframe.”
10. Termination of Agreement
- Termination by Client: The Client may terminate the agreement at any time, with written notice of at least 15 days. The Client shall be responsible for payment of all work completed up to the termination date
- Termination by Company: Trionix IT reserves the right to terminate services if the Client fails to meet payment obligations or breaches any terms of the Agreement. A 15-day written notice shall be provided in such cases.
- Refund Policy: Refunds will be handled on a case-by-case basis. Specific scenarios include for prepaid hosting services, refunds will exclude setup fees and work already performed. For other prepaid services, refunds will be prorated based on the amount of work completed up to the point of termination.
11. Service Maintenance and Support
- Support Period: Trionix IT may offer a limited support period following the completion of a project, typically up to 30 days unless otherwise stated in the Service During this time, minor issues or bugs will be corrected at no additional charge.
- Ongoing Maintenance: Any ongoing support or maintenance services must be outlined in a separate Fees for maintenance are charged on a subscription or per-hour basis.
12. Force Majeure
Trionix IT shall not be liable for delays or failure to perform its obligations under this Agreement if such delays or failures result from circumstances beyond its reasonable control, including acts of God, war, strikes, labor disputes, government orders, or technical failures beyond the Company’s control.
13. Governing Law and Jurisdiction
Governing Law: This agreement shall be governed by and construed in accordance with the laws of New South Wales, without regard to its conflict of law principles.
Jurisdiction: Any disputes arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of the courts located in Sydney, New South Wales.
Dispute Resolution: Before initiating court proceedings, both parties agree to attempt to resolve any disputes through mediation or arbitration. Mediation or arbitration will be conducted in Sydney, New South Wales, and both parties will share the costs equally. If a resolution is not reached through mediation or arbitration, either party may then proceed with court action.
14. Amendments
Any amendments or modifications to this agreement must be made in writing and signed by both parties. Clients will be notified of changes at least 30 days before they take effect. This ensures that clients have ample time to review and understand the changes before they are implemented.
By engaging Trionix IT’s services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.