Terms of Service
Effective Date: January 1, 2024
Last Updated: January 1, 2024
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and ABRESA Brothers PTY Ltd, trading as ABRESA Group (ABN: 75673664607) ("we," "us," or "our"). By accessing our website or engaging our services, you agree to be bound by these Terms and our Privacy Policy.
2. Company Information
ABRESA Brothers PTY Ltd
Trading as ABRESA Group
Address: 9 Alstonia Way, Bennett Springs, WA 6063, Australia
Email: accounts@abresa.com.au
Phone: 0434 509 800
ABN: 75673664607
ACN: 673664607
3. Services Description
ABRESA Group provides comprehensive ICT services including but not limited to:
- Brand refresh and website development
- Microsoft Teams implementation and support
- ICT governance and cybersecurity solutions
- Cloud infrastructure and Zero Trust implementation
- Backup and disaster recovery services
- AI automation and process optimization
- Technology consulting and project management
4. Service Agreements
Specific services will be governed by separate service agreements, statements of work, or proposals that detail scope, deliverables, timelines, and pricing. These documents supplement and form part of these Terms.
5. Pricing and Payment
5.1 Pricing
All prices are quoted in Australian Dollars (AUD) and include GST unless otherwise specified. Pricing may vary based on project scope, complexity, and timeline requirements.
5.2 Payment Terms
- Payment terms are Net 30 days from invoice date unless otherwise agreed
- A 50% deposit may be required for projects exceeding $10,000
- Overdue accounts may incur interest charges of 1.5% per month
- We reserve the right to suspend services for overdue accounts
6. Client Responsibilities
Clients are responsible for:
- Providing accurate project requirements and specifications
- Timely provision of necessary access, information, and resources
- Backup of existing data before system modifications
- Testing and acceptance of deliverables within agreed timeframes
- Compliance with software licensing requirements
- Maintaining appropriate insurance coverage
7. Intellectual Property
7.1 Client IP
You retain ownership of your existing intellectual property, data, and content.
7.2 Our IP
We retain ownership of our methodologies, processes, tools, and pre-existing intellectual property.
7.3 Developed IP
Intellectual property specifically developed for your project will be licensed to you upon full payment, unless otherwise specified in the service agreement.
8. Confidentiality
We maintain strict confidentiality regarding client information and will not disclose confidential information to third parties without written consent, except as required by law or necessary for service delivery by approved subcontractors under confidentiality obligations.
9. Warranties and Disclaimers
9.1 Service Warranty
We warrant that services will be performed with professional skill and care in accordance with industry standards.
9.2 Disclaimers
Except as expressly stated, we disclaim all warranties including but not limited to fitness for purpose, merchantability, and non-infringement. We do not warrant that services will be uninterrupted or error-free.
10. Limitation of Liability
To the maximum extent permitted by law, our total liability for any claim arising from our services shall not exceed the total amount paid by you for the specific services giving rise to the claim. We shall not be liable for indirect, consequential, or punitive damages.
11. Data Protection and Security
We implement reasonable security measures to protect client data. However, no system is completely secure, and we cannot guarantee absolute security. Clients are responsible for maintaining appropriate backups of their data.
12. Force Majeure
We shall not be liable for delays or failures in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, government actions, or third-party service interruptions.
13. Termination
Either party may terminate a service agreement:
- With 30 days written notice for convenience
- Immediately for material breach if not cured within 14 days of notice
- Immediately for insolvency or bankruptcy
Upon termination, payment remains due for services performed to the date of termination.
14. Dispute Resolution
Any disputes arising from these Terms or our services shall be governed by Western Australian law. Parties agree to first attempt resolution through good faith negotiation, and if unsuccessful, through mediation before pursuing legal action in the courts of Western Australia.
15. Website Terms
15.1 Acceptable Use
You agree not to use our website for any unlawful purpose or in any way that could damage or impair our services.
15.2 AI Tools Disclaimer
Our AI-powered quote and recommendation tools are provided for estimation purposes only. Actual pricing and recommendations may vary based on detailed project analysis. These tools do not constitute binding quotes or professional advice.
16. Professional Standards
We maintain professional standards and appropriate insurance coverage. Our services are provided by qualified ICT professionals with relevant industry experience and certifications.
17. Subcontractors
We may engage qualified subcontractors to deliver services, provided they are bound by equivalent confidentiality and professional standards obligations.
18. Changes to Terms
We reserve the right to modify these Terms at any time. Significant changes will be communicated to active clients with 30 days notice. Continued use of our services after changes constitutes acceptance of the modified Terms.
19. Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
20. Entire Agreement
These Terms, together with any specific service agreements and our Privacy Policy, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements relating to the subject matter.
21. Contact Information
For questions about these Terms or to report any concerns, please contact us:
Email: accounts@abresa.com.au
Phone: 0434 509 800
Address: 9 Alstonia Way, Bennett Springs, WA 6063, Australia
By engaging our services or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.