Terms of Services
1. Parties
These Terms of Service (“Agreement”) are between:
- Superior IT Technologies Pty Ltd T/A FusionRed (ABN 24 636 369 116) of Unit 3, 56 King Street, St Marys NSW 2760 (“FusionRed”, “we”, “our”), and
- The Client (“you”, “your”), as identified in the New Client Form.
By engaging FusionRed for any products or services, you agree to these Terms.
2. Services Covered
- These Terms apply to:
Once–off IT support or consulting; - Subscription or usage–based services (e.g., internet, VoIP, cloud hosting, SaaS);
- Supply and installation of related hardware/software.
For larger projects or managed IT services, a separate Service Agreement or Statement of Work may apply.
3. Fees & Payment
- Fees are as quoted or as set out in FusionRed’s standard price list.
- Invoices are payable within 14 days unless otherwise agreed in writing.
- Fees are exclusive of GST and other applicable taxes.
- Late payments may incur interest at 8% above the RBA cash target rate plus reasonable
collection costs.
4. Use of Services
You agree to use services in line with:
- FusionRed’s Fair Use Policy; and
- FusionRed’s Acceptable Use Policy (both available on our website and updated from time to
time).
5. Third-Party Products
- Where services rely on third-party vendors (e.g., Microsoft, Telstra, hardware suppliers), you are
bound by the vendor’s terms. - FusionRed is not responsible for vendor performance or downtime.
- You must pay all charges relating to third-party products.
6. Liability & Indemnity
- FusionRed is not liable for indirect or consequential loss (e.g., lost profits, lost opportunity).
- Liability is capped at the lesser of AUD $500 or the fees paid for the relevant service.
- Nothing in these Terms excludes your rights under the Australian Consumer Law.
- You indemnify FusionRed against losses caused by your misuse, breach, or third-party claims
relating to your use of the services.
7. Confidentiality & Data Protection
- Each party must keep confidential information secure.
- FusionRed complies with the Privacy Act 1988 (Cth) and its Privacy Policy.
- Data may be stored in Australia or overseas data centres in line with applicable laws.
8. PPSA & Leased Equipment (Optional)
- Where FusionRed supplies leased hardware (e.g., routers, phones), the equipment remains
FusionRed’s property and must be returned at termination. - FusionRed may, but is not required to, register an interest under the Personal Property Securities
Act 2009 (Cth). This clause is included for protection but is generally not enforced for small-value
contracts.
9. Term & Termination
- Terms commence on the date you first purchase or use our services.
- Ongoing services may be terminated by either party with 30 days’ written notice.
- FusionRed may suspend or terminate services immediately for non-payment, misuse, or breach.
10. General
- These Terms are governed by the laws of New South Wales, Australia.
- Notices may be delivered by email to the addresses provided in the New Client Form.
- This Agreement is the entire agreement for once-off and basic services, unless a separate managed
services contract applies.
