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Terms and Conditions

Chromeworx (ABN 19 164 543 640) (“Chromeworx”) supplies Goods and/or Services to its clients (“Clients”). By engaging Chromeworx to supply Goods and/or Services to the Client, the Client hereby agree to be subject to these Terms and Conditions.

This document will be updated from time to time. It is the responsibility of the Client to regularly review the Terms and Conditions.

  1. Definitions
    1. Business Hours means Monday to Friday from 8am to 6pm AEST excluding Australian public holidays.
    2. Client means a natural person, a corporation or any other legal entity that engages Chromeworx for the supply of Goods and/or Services.
    3. Confidential Material means quotes, proposals and any other documentation provide to the Client by Chromeworx for the purposes of sales.
    4. Goods means all tangible and intangible items including but not limited to hardware, software, Cloud and other subscription products.
    5. Grant Letter means a confirmation notice issued electronically by Chromeworx to the Client confirming Goods and Services purchased by the Client, including without limitation Client’s Support Level entitlement and Support Period.
    6. G Suite Packages as defined in G Suite Packages document.
    7. Prepaid Hour Blocks as defined here Onsite Helper Service Agreement
    8. Quick Fixes means resolution of Support Items which take less than 5 minutes. Examples, request for password or other credentials Chromeworx has on record, creation of email account, advise on rebooting hardware.
    9. Response Time means the time it takes to respond to a Support Item either via mail, phone or in person. It does not mean the time it takes to resolve the Support Item.
    10. Service(s) means all work provided by an employee or contractor of Chromeworx to the Client as part of the engagement for the supply of Goods and/or Services.
    11. Service Contract means a formal contract made between Chromeworx and Client’s on VIP Full Managed Services.
    12. Service Period means the effective time for which the Client has purchased Service(s) as confirmed in a Grant Letter and/or Service Contract to the Client.
    13. Support Item(s) means Client enquiries received by Chromeworx with regards to their IT systems. This can include but is not limited to request for passwords and login details, licence code credentials and IT technical support. Support Item(s) form part of the Service(s) Chromeworx provides to the Client.
    14. Unforeseen Anomalies means all technical faults, issues and enquiries which arise out of the provision of technical support of existing Support Items.
    15. Support Level(s) means the Service(s) offering purchased by the Client from Chromeworx. The three levels of Service(s) offering are: General Helpdesk Support, VIP IT Only Support and VIP Full Managed Services.
    16. Zone mean that the place of business being Serviced by Chromeworx is within 10 km of the Melbourne CBD.
  2. Provision of Services. Chromeworx will provide Goods and Services to the Client during the Service Period at the Support Level that has been purchased by the Client as confirmed to the Client in a Grant Letter and/or Service Contract. Where a Service Period is not specified, it is deemed that Services will be provided when the Client requires on an adhoc basis. The Service Period of all Managed Services packages is a minimum of 24 months.
  3. Access. The client shall provide Chromeworx with sufficient, free and safe access to the Client’s computer systems networks and facilities in the event that it is agreed that Chromeworx will provide on-site support at the Client’s location or facilities or that Chromeworx will perform remote support.
    Time Urgency Priority
    0-1 hrs Emergency high
    2-8 hrs Urgent(quick response) medium
    8+ hrs Standard not set
  4. Response Time. Client’s on Managed Services packages: Essential Care & Premium Care will receive priority service over Clients on the other Service Levels. Only Clients on Managed Services packages: Premium Care will have a service level agreement with Chromeworx which requires a maximum of 1 hours response time via phone call and 4 hours via email (unless otherwise agreed to by the Client) to Support Items. Essential Care will receive 4 hours SLA via phone or email and Managed Security an 8 Hour SLA. Support Items for Clients on Service Levels (other than Managed Services) will be prioritised based on urgency and the time the Support Item is received by Chromeworx. For these Clients Chromeworx uses commercially reasonable efforts, while making no guarantees whatsoever, to meet the response times set forth in the table at the following link.
  5. Subcontracting. Chromeworx has the right to subcontract the Services under these Terms and Conditions to third parties.
  6. Warranty of Services. Services provided by Chromeworx to the Client are guaranteed for 5 days from the date of completion of the Support Item(s). Where the Client believes the Support Item(s) is not fully resolved e.g. there is a recurring issue with the Support Item, the Client must contact Chromeworx within 5 business days from when Chromeworx finalised the Support Item. Warranty of Services does not apply where the Client or a third party has directly or indirectly made modifications to or tampered with their IT systems affecting the Support Item. In this situation, the Support Item would be charged as a separate Support Item. Any additional Support Items flowing from the actions of the Client or a third party will also be deemed and charged as a separate Support Item.
  7. Warranty of Goods. Chromeworx does not provide any warranties on Goods purchased for and delivered to the Client. To ensure that the Goods are delivered to the Client in the condition of manufacture, Chromeworx will make all endeavours to deliver the Goods directly from the Supplier to the Client. Where a manufacturer’s fault with the Goods does occur, Chromeworx is not required to provide alternative arrangement to the Goods while the fault is rectified. If the Client makes such a request, this request will be deemed and charged as a Support Item.
  8. Unforeseen Anomalies. It is the nature of IT support that from time to time Unforeseen Anomalies will arise when Chromeworx resolves the Client’ Support Item. Chromeworx will make all reasonable efforts to ensure that during the resolution of Support Items that these anomalies are minimised such as, but not limited to, ensuring system compatibility during a fix. Unforeseen Anomalies that do arise are deemed as a new Support Item and the Client accepts all additional charges in resolving this new Support Item.
  9. Privacy. Chromeworx will take all reasonable measures to ensure that Client information remains confidential. Chromeworx may collect and use any personal information provided by the Client or for the Client. This information will be strictly used in the provision of Goods and Services. Chromeworx may transfer or store Client information on secure servers. Where Chromeworx discloses Client personal information to its agents or subcontractors for these purposes, the agent or subcontractor in question will be obligated to use that personal information in accordance with these Terms and Conditions. Chromeworx will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information. Chromeworx may record and review any and all correspondence between Chromeworx and clients for training and dispute purposes. This includes but is not limited to emails and phone calls.
  10. Confidentiality. The Client must not disclose Confidential Material provide to the Client by Chromeworx to third parties.
  11. Refund. Full refund is applicable for cancelled subscriptions prior to the purchase being processed. If the service or product is not delivered as per what was quoted or discussed then Chromeworx will continue to work on rectifying the issue at no additional cost as long as the issues are within the scope of work as agreed. Refunds are available for service labour but otherwise on any licences subscriptions such as a Google Workspace subscription consistent with Google’s refund terms. Faulty hardware will be returned to the manufacturer and replaced or repaired. A refund won’t be applicable for hardware purchases unless it is cancelled early on as described in the prior statement.
  12. Pricing of Services. Chromeworx reserves the right to change the price for Services. Chromeworx will notify the Client of any such changes in price prior to conduct of any Services. Chromeworx reserves the right to apply surcharges for work performed outside Business Hours not previously arranged and for onsite work performed outside Zone. Chromeworx reserves the right to charge for travel time.
  13. Invoicing of Services. Services requested by the Client and performed by Chromeworx are charged in 20 minute increments. Chargeable components of the Services includes but not limited to the time taken by Chromeworx to gather information and respond to the Client, research required to assist with the resolution of the Support Item and the actual work to resolve the Support Item.
  14. Payment for Services. The Client must ensure that payment for Services is in accordance with the Support Level that has been purchased by the Client as confirmed to the Client in a Grant Letter and/or Service Contract. Client’s on anaged Services are required to make monthly installments by direct debit for a minimum term of 12 months. Chromeworx must be provided with the opportunity to rectify any unsatisfactory Support Items by Client’s on Managed Services prior to termination by the Client. All Clients must have credit to receive support for Support Items by purchasing pre-paid hours alone in blocks. Clients can apply to Chromeworx for 2 week payment terms. Reminders for payment will be sent to the client 7 days prior to and on the due date. Clients who fail to pay on time will go back onto prepaid terms.
  15. Charges for emergency or urgent issues. Where clients request for an emergency or urgent response to their Support Item, Chromeworx will respond to the Support Item accordingly. The client will also be billed at VIP IT support rates for that Support Item. Where the client has pre-purchased support hours at standard helpdesk rate, we will deduct the amount pro-rata (1 hr VIP work = 1.1 hr standard).
  16. Prepaid Hour Blocks. Prepaid Hour Blocks purchased can only be applied to the payment of future Services. Any Prepaid Hour Blocks purchased not upon termination of Services will not be refunded. Prepaid Hour Blocks may be transferred to another Client with the consent of Chromeworx. The pricing of Prepaid Hour Blocks is quoted for one technician per hour.
  17. Client Account. Where the Client is on 2 week payment terms, it is the Client’s obligation to ensure that payment of invoice(s) are made within the period specified in the invoice(s). Failure to make payment on the invoice(s) within the specified time will result in late fee charge of 2% above the corporate reference rate of Chromeworx’s principal banker compounded monthly until payment is received in full. Chromeworx will charge the Client for all expenses and costs incurred in the recovery of the unpaid invoice(s). This includes but not limited to debt collection and any legal fees. Chromeworx may cease or suspend the supply of any further Goods or Services to the Client until the unpaid invoice(s) are paid in full. Clients will not receive further work until the account is paid in full.
  18. Payment for Goods – general. Payment for Goods must be made prior to Chromeworx placing an order for the Client. Where Chromeworx has ordered and paid for Goods upon request of the Client, the Client must make payment without delay. Chromeworx will provide the Client notice of any changes to the price for Goods on order to take into account of any changes in the cost incurred by Chromeworx. Chromeworx reserves the right to apply freight charges or delivery fees on Goods requested by the Client. The freight charges or delivery fees will be advised in advance. Title and property in all Goods remains vested in Chromeworx until full payment is received.
  19. Payment for Goods that are subscriptions. The Client agrees to make payment of Goods that are subscriptions for a minimum term of 12 months unless otherwise specified by Chromeworx in the Grant Letter and/or Service Contract. This applies to but is not limited to G Suite Packages, domain name(s), website hosting, antivirus, offsite backups and Cloud-to-cloud backup services (e.g. Spanning). The exceptions are Cloud storage services (e.g. Soonr) and email spam/virus filtering services (e.g. Manage Protect MP mail) which must be paid monthly in advance. Usage of VOIP is to be paid at the end of each month by direct debit. All once off payments may be made by EFT, credit card, cheque or paypal. All monthly payments must be made via direct debit unless otherwise agreed by Chromeworx. All payments must be made in advance and is not refundable. The Client must provide at least 1 month notice on cancellation on monthly subscriptions. The Client must pay all monthly subscription amounts (and any other costs or expenses incurred by Chromeworx in terminating the subscription such as fees requested by the third-party subscription provider) up to and until the effective termination of the subscription.
  20. Payment by credit card. Credit card payments will attract a Merchant Service Fee (MSF) of 2.4% for Visa or MasterCard and 3.4% for American Express. Payments through PayPal will attract a MSF of 2.4% of the price of the transferred amount. Chromeworx reserves the right to make changes to the MSF by giving notice to the Client.
  21. Liability and Disclaimer.
    1. Chromeworx will not be liable for:
      1. the way the Client uses the Goods or Services provided to them.
      2. failure by the Client to terminate any existing Goods or Services prior to contracting Chromeworx to provide an alternative Good or Service.
      3. any losses or damages which occurs to property or data outside the scope of Support Item.
      4. any losses or damages to property once the property leaves Chromeworx premises. The client is responsible for inspecting the state of their property before and after a Service and prior to it leaving Chromeworx premises.
      5. any losses or damages due to system failure including hacking or cybercrime in which the business has lost income.
    2. To extent permitted by law, the Client hereby expressly exclude Chromeworx from any liability for consequential loss or damage incurred in connection with the provision or use of the Goods and/or services.
    3. This does not affect liability of Chromeworx which cannot be excluded or limited at law. To the extent that the Client acquire Goods and/or Services from Chromeworx as a consumer within the meaning of Australian Consumer Law, Chromeworx’s liability is limited to any one or more fo the following (in its sole discretion):
      1. in case of any Goods (failure to be of acceptable quality and the failure does not amount to a major failure), replacement or repair of Goods, or supply of equivalent Goods, or payment of costs of repairing or replacing goods or supplying equivalent goods;
      2. in case of Services (failing to be of acceptable quality and the failure does not amount to a major failure), supply of Services again or payment of cost of having Services supplied again.
    4. Without limiting foregoing and to the extent allowable at law, the Client agree that in no event shall Chromeworx’s maximum aggregate liability exceed for breach (whether arising in contract, tort (including negligence), misrepresentation or otherwise) by acts of omissions of Chromeworx employees, agents and subcontractors exceed the amount of total fees paid or payable to Chromeworx by the Client or of the amount of $1 million dollars, whichever is lesser.
  22. Termination of Services by the Client. The Client has the right to terminate Services with Chromeworx in accordance with Grant Letter and/or Service Contract. Termination must be done in writing sent through email addressed to the Company CEO. Unless otherwise specified, notice of termination is 4 weeks. A minimum 1 hour termination fee will be charged upon termination. This covers the cost of providing the client with all relevant documentation from their account with Chromeworx; removal of the client’s documentation, billing and remote access from Chromeworx system; advising the client on password reset; and 15 minute handover to the Clients new IT service provider. The Client may request for additional time from Chromeworx for the handover which will be deemed and charged as a Support Item and added to the 1 hour termination fee. The Client understands that upon termination, all accounts must be paid within 10 working days.
  23. Termination of Services by Chromeworx. Chromeworx reserves the right to terminate Services with the Client at anytime subject to any Service Contract. Pre-paid hours purchased by the Client are not refundable.
  24. Customer Obligations.
    1. The Client acknowledges the ability of Chromeworx to supply the Goods and/or provide the Services may be dependent upon your full and timely co-operation (which you agree to provide), and any other information and data provided by the Client.
    2. Chromeworx shall not be liable for any delays resulting from the Client’s failure to fulfil their obligations.
    3. Chromeworx reserve the right to invoice the Client for any additional expenses reasonably incurred as a result of such delays.
    4. The Client shall provide Chromeworx with access to, and use of, all information, data, equipment and documentation reasonably required by Chromeworx for performance of Chromeworx obligations.
  25. Warranties
    1. The Client acknowledges that Chromeworx makes no warranty that the Goods and/or Services will generate any increase in sales, business activity or profits for your business or any other form of improvement for the Client’s business.
    2. Chromeworx does not warrant that the Goods and/or Services will be uninterrupted, error free or virus free. The Client acknowledge that the Goods and/or Services may be subject to limitations, delays and other other problems inherent in the use of such communications, datacentre and hosting facilities.
  26. Outages and Data Protection
    1. Chromeworx shall take reasonable steps to ensure that the Client’s data being the subject of the Services (Data) is protected.
    2. Chromeworx shall at all times ensure that the Data is protected from unathorised access or use, or misuse, damage or destruction.
    3. The Client must ensure that there is a backup of the Data at all times.
    4. Chromeworx reserves the right to remove the Data where it believes that the Data is adversely affecting the Goods and/or Services provision to other clients or poses a security risk/breach to Chromeworx.
  27. Intellectual Property
    1. Chromeworx retains copyright and all other intellectual property rights in:
      1. all computer programmes, material tools, applications, documents, presentations, specifications, data, know-how and anything else generated, whether as improvements or otherwise, in course of providing (directly or indirectly) the Goods and/or Services; and
      2. All intellectual property rights existing prior to the commencement of such Services (Chromeworx IP)
    2. Chromeworx licenses to you the right to access and use Chromeworx IP on a non-exclusive basis for the term of the Goods and/or Services to such extent as is necessary to enable you to make reasonable use of the Goods and/or Services for internal business purposes.
    3. The Client acknowledges that Goods and/or Services may include third party software or intellectual property rights (Third Party IP). Any rights you may have to access Third Party IP shall be limited to extent of Chromeworx’s ability to pass on such rights to the Client.
    4. In relation to any Data, content, information or material provided by the Client to Chromeworx, the Client warrant that they will not infringe the rights of any third party nor contravene any law or code.
    5. The Client hereby grants Chromeworx permission to use and publish in any medium or format whatsoever, including without limitation, on our website or marketing collateral:
      1. the Client name, logo and trademark; and
      2. references to the fact that the Client is a customer of Chromeworx.
    6. Chromeworx agrees that the Client own (and will retain) all rights, title and interest (including all Intellectual Property Rights) in the Data. The Client grants Chromeworx a non-exclusive licence to use the Data to enable Chromeworx to provide Goods and/or Services to the Client.
  28. Managed Services – Managed Security +
    1. Managed Services – Managed Security+ package includes licence costs for security software & monitoring and labour work for patching computers & servers.
    2. The Security Package includes remote support only. It does not include:
      1. After hours IT support or project work greater than 2 hours;
      2. Any support required for onsite or cloud servers
      3. Any onsite support visits
      4. 3rd party software support
      5. Any IT support for items that are outside of our area of responsibility; or
      6. Any IT support for computers, servers and devices that do not meet our IT Support baseline
    3. Project work or onsite visits are charged at our standard hourly rate of $147 ex GST. The minimum charge for all onsite jobs is 1 hour.
    4. Hardware purchased through Chromeworx comes with standard manufacturer’s warranty. The Client will not incur additional charges for sending faulty equipment to Chromeworx for assistance in its replacement with the supplier. However, additional charges will be incurred for any work performed by Chromeworx in providing the Client with alternative arrangements while the Hardware is being replaced; this includes, but is not limited to, testing or setup of workstations and/or backups.
  29. Managed Services – Essential Care
    1. Managed Services – Essential Care package includes licence costs as per the “Managed Security package”, IT support, small projects under 2 hours, service level agreement 4 hours response time from initial request.
    2. It does not include:
      1. After hours IT support or project work greater than 2 hours;
      2. Any support required for onsite or cloud servers
      3. 3rd party software support
      4. Any IT support for items that are outside of our area of responsibility; or
      5. Any IT support for computers, servers and devices that do not meet our IT Support baseline
    3. IT support or project work not covered by the Essential Care Package is charged separately at $49 per 20 minutes.
  30. Managed Services – Premium Care
    1. Managed Services – Premium Care package includes licence costs as per the “Managed Security package”, IT support, small projects under 2 hours, service level agreement 1 hours response time from initial request via phone call or 4 hours via email, and 4 hours of outside of business hours support. It does not include:
      1. after hours IT support (after the initial 4 hours) or project work greater than 2 hours;
      2. Any IT support for items that are outside of our area of responsibility; or
      3. Any IT support for computers, servers and devices that do not meet our IT Support baseline
    2. IT support or project work not covered by the Premium care package is charged separately at $49 per 20 minutes.
  31. All Managed Services
    1. All Managed Services packages cover the PC and servers agreed upon as prescribed in this agreement. Additional devices (e.g. computers, laptops or servers used personally or from home) may be added to the Managed Services package(s) at a later date with the relevant costs applied.
    2. Managed Services should be applied to every computer/device that connects to company data for security reasons. Where a computer/device is not on Managed Services and a security breach occurs through this computer/device, such as hacking or ransomware, repair/restoration work will be charged separately from the Managed Services package.
  32. G Suite Management
    1. G Suite management is included in gold & platinum G Suite migration packages and can be purchased for other G Suite clients. It includes unlimited remote support for G Suite related IT issues as outlined on pages 4 & 5 of this document. It does not include:
      1. Email or data migrations. (Archive/backup is exported to a zip file only and not restored to an email inbox as this is an email migration )
      2. Management of 3rd party services / addon’s to G Suite such as Spanning, Cloud Pages, Spam filtering, Signature Satori
      3. Fixing operating system or software issues or other non G Suite support. E.g Outlook crashing issue.
  33. Google Workspace Upgrades
    1. Google Workspace upgrades that offer a discount price on licence are subject to a minimum term of 12, 24 or 36 months as stated in the contract
    2. These offers are based on a minimum number of licences to start the contract. Licences can only be added during the contracted term, they cannot be reduced. Once licences are added, this marks the new minimum for the term.
      1. Eg. A contract is signed for 20 users on a 36 month term, the following month 5 licences are added. The new minimum licence count is 25 for the remaining 35 months
  34. Internet & VOIP
    1. Chromeworx will provide basic support/configuration for any Chromeworx offered Internet & VOIP services purchased by the Client. Where Internet and/or VOIP issues are not related to the provider’s network, standard labor charges may apply along with any charges from the provider.
  35. Website Hosting & Domain Names
    1. Chromeworx provides basic support for website hosting & domain names purchased through us. Basic support is limited to 20 minutes. Support exceeding 20 minutes will be charged at Chromeworx current standard rate of $55 per 20 mins ex GST. This includes, but is not limited to, discussions with the Client about the issue(s), researching, troubleshooting and fixing the issue(s) for the Client.
    2. Chromeworx Domain names & Hosting platform is designed with a Client user interface. The Client acknowledges that the Client is responsible for the management and usage of their Domain & Hosting services.
    3. Chromeworx is not responsible for any loss or damage resulting for the Client’s usage.
    4. Where the Client requires Chromeworx for assistance with the management and usage, the Client acknowledges that they will be charged for the work at Chromeworx current standard rate of $55 per 20 mins ex GST.