General Terms & Conditions
1. General
(a) Menkom shall strive to provide professional services that meet the needs of our clients during the agreed hours of operation and in respect of the service option chosen by the client.
(b) All members of our staff will be tertiary qualified and have received comprehensive training to ensure that they can perform their assignments in an effective and professional manner. They will possess relevant and current industry experience.
(c) The provision of our services will be coordinated by experienced management staff who will be assisted in their endeavors by the use of our highly developed, computer-based service management system.
(d) Goods remain the property of Menkom until all invoices are paid in full and signed off by both parties.
(e) All Menkom managed clients on an MSA (Managed Service Agreement) are subject to this current Menkom terms and conditions document. Any MSA terms and conditions may override or apply in conjunction with these terms and conditions.
(f) By filling out your name and date on any form of quotation or proposal, you give Menkom authorization to start work.
(g) If for any reason the client decides to terminate an agreement there may be outstanding charges for work rendered.
2. Availability
(a) Menkom support staff will be made available on all days of the year except weekends and public holidays, between the normal business hours of 9am to 5pm (Sydney time).
(b) Menkom support staff will also be made available outside of normal business hours of operation by special appointment.
(c) Menkom support staff are available on hand 24 hours a day 7 days a week via our support ticket system.
3. Response Times
(a) Response times refer to the time it takes to begin working on a problem, not to resolve a problem.
(b) Menkom will respond to support calls within 1 to 3 working days where possible.
(c) Menkom will respond to support tickets within 1 to 3 working days where possible.
(d) From time to time we will require your feedback for different things. To assist in the workflow we expect you to provide the feedback within a reasonable time-frame 48 hours from when feedback is requested. If for any reason you don’t send us the feedback or approval we require, we will take this as you having accepted the work rendered to a satisfactory standard and proceed with the project if possible or invoice out for the work rendered. This will ultimately extend the expected completion date.
4. Fees and Charges
(a) Menkom’s Hourly Technical Support Rate is currently $120 plus GST per hour.
(b) Menkom’s current Callout Fee is $60 plus GST. This is generally waived if you become a loyal Menkom customer or are within 10km radius from our office.
(c) Any additional Hardware and Software at the time of service will be added to the service invoice or will be invoiced separately.
(d) Any third party vendor charges incurred will be charged in addition on the service invoice or will be invoiced separately.
(e) Menkom onsite support ad-hoc customers will be invoiced upon job completion. By signing the work report/invoice the customer accepts that the work has been performed to their satisfaction. The charges invoiced apply from the time the engineer arrives to the customer’s site and finishes when the engineer leaves the customers site.
(f) Menkom remote support ad-hoc customers will be invoiced upon job completion. Generally, ad-hoc remote support is not pre-quoted unless specifically requested by the client. Menkom upon request via support ticket/email will begin work on the task and the client must assume charges will be incurred unless specifically stated in writing by Menkom. Upon completion of the task, Menkom will notify the client and invoice the client according to the time taken to complete the task. Menkom will assume that the task has been completed to a satisfactory level if we do not hear back from the client within 48 hours.
(g) Some projects will require Menkom customer’s to pay installments at the end of each stage that is completed. Payment must be made within 7 days to continue the project.
(h) Any hardware and software ordered must be paid in full before your order can be processed and dispatched.
(i) Any labor performed beyond the scope of any quoted job will be subject to the current Menkom service rates.
(j) Menkom will provide up to 5 minutes of phone and or remote support assistance at no charge, however, charges will apply for any further time taken beyond the initial 5 minutes subject to Menkom’s Hourly Support Rate.
(k) For all onsite work, there is a minimum 1 hour charge. Additional time will be charged in 15 minute increments.
(l) All remote support work is charged in 15 minute increments.
(m) Data migration charges are based on an average of 1 hour copying time. This copying time may differ depending on hardware and data size and therefore additional charges may apply.
(n) If there is a deposit required then you will be invoiced out at the beginning of the project and the deposit must be paid before any work commences.
(o) Any deliverable’s not outlined in a quote will be considered out-of-scope and will be chargeable at Menkom’s current hourly rate.
(p) Dishonored cheques will attract an administration charge of $30.00.
(q) Support tickets will be billed upon job completion. Once the support ticket is finished you have up to 48 hours to re-open the ticket in case you find the job is not complete satisfactorily. If we do not hear back from you after 48 hours we will assume the support ticket has been completed to your satisfaction and can no longer be re-opened.
5. Payments
(a) Any invoices received from Menkom are to be paid strictly within 7 days of the date of invoice.
(b) Menkom accepts the following payment methods; cash, cheque, direct deposit, direct debit & credit card.
(c) Failure to pay any invoices from the original date of invoice within 45 days will result in account suspension & further legal action to recover monies.
(d) In the event of financial difficulties Menkom will gladly work out a payment plan that satisfies both parties.
(e) Menkom will send the client a first reminder 1 day after the due date of the invoice. Menkom will further send a second reminder 7 days after the due date of the invoice. Menkom will send a final reminder 14 days after the due date of the invoice.
(f) Menkom reserves the right to capture any outstanding invoices via any method available on your account 45 days or more after being overdue.
(g) Customers are required to pay invoices by the due date, if there are any more than 2 outstanding invoices at any given time, Menkom at their discretion may put a hold on your account until outstanding invoices are paid in full.
6. Warranties
(a) Any custom built PC’s and servers purchased from Menkom carries a twelve months parts and labour (on parts only) warranty on a return to base policy and subject to the manufacturers terms and conditions.
(b) Any laptop, hardware, peripherals and monitors purchased from Menkom are subject to the manufacturer’s warranty terms and conditions.
(c) Any services performed by Menkom are warranted for 7 days, subject to Menkom’s investigation on the end-user actions during this period.
(d) Proof of purchase must be provided for any warranty claims.
7. Cancellation, Returns & Refunds
(a) Returns and refunds are strictly valid for 7 days from date of purchase subject to the NSW Department of Fair Trading legislation.
(b) All products returned must be in original purchased condition.
(c) Any products returned may incur up to a 50% restocking fee and is up to the distributor’s discretion.
(d) Any deposits on orders placed with Menkom are non-refundable.
(e) Any cancellations of signed approvals or agreements must be done in writing.
(f) Cancellation of signed agreements or approvals will incur charges for all work carried out up to the time of Menkom receiving written cancellation.
(g) If any booked appointments are to be cancelled, you must notify Menkom of this by 5pm the business day prior to the booked appointment otherwise a minimum of 1 hour labour charge may apply.
8. Guarantee
(a) The “No Fix, No Charge, No worries” policy applies to all service work where Menkom was not able to provide a solution to the problem. If Menkom provides a solution, standard charges apply.
10. Amendments
(a) Any modifications to these Term & Conditions will be effective from the last revision date stated on the bottom of this page.
11. Payment
(a) The customer agrees to supply full payment for the services received from us, on or before the time period during which such services are provided. You agree that until and unless you notify us of your desire to cancel any or all services received, those services will be billed on a recurring basis. If you want to cancel your account, you must follow our cancellation procedure.
(b) Menkom reserves the right to change the advertised price on products and services and any other charges at anytime. Existing customers will be notified prior to any change in their billing cycle charges.
(c) It is your responsibility to ensure your primary email address listed in our billing system is functional and working, so you can receive notifications, payment reminders, suspension notices, etc. Please ensure you have whitelisted our email address in your spam filter settings.
(d) All goods and services purchased for which payment has not been received in cleared funds, remains the property, internet property and intellectual property of us.
(e) Your account will not be created until funds have been received in full as cleared funds. It is your responsibity to ensure we have received funds by the due date to avoid suspension and/or termination of our products and services. If you have made an over payment on your account and require a refund, you will receive a refund, minus a $5.00 administration charge, to cover our bank fees and company administration.
(f) We reserve the right to change and refuse payment methods to clients at our sole discretion. If payment is not received 14 days after the invoice due date, we reserve the right to charge a late payment fee of $15.00 and suspend your account.
Credit Card payments
(a) If you have signed up using a credit card, your credit card will be rebilled on the due date of future invoices.
(b) Please ensure sufficient funds are available on the due date. If rebilling fails due to insufficient funds in credit card account, we reserve the right to add $1.00 per failed transaction to your account, to cover our transaction fees.
(c) You understand and agree that we have obtained the credit card owner’s permission to use the credit card to purchase our products and services and you are aware, accept and agree that the transaction is taking place on your card.
(d) If a charge back is requested where services have been provided and/or you have not followed our cancellation procedure, a $50.00 administration fee applies per chargeback request.
(e) You may elect to use your Credit Card as the primary method of payment, this means all future invoices (regardless if a subscription-based service or ad-hoc work) will be taken out via this payment method. All subscription-based services will be taken on a recurring basis via Credit Card only on their due dates.
(f) You are responsible for keeping your active Credit Card on file with us up to date and you have the facility to log into your client portal and update your Credit Card details on file.
Suspension
(a) We reserve the right to suspend your account if you have an outstanding invoice or account. If your invoice or account remains unpaid, we reserve the right to cancel or suspend your entire account(s) and all products and services under it. If you account has been suspended or cancelled, no further support resources will be provided by us in relation to products and services on your account, including but not limited to Domain names, Web hosting, SSL Certificates, until the account has been paid in full.
(b) Your information will then be passed onto a collections agency for debt recovery, if for 45 days your account remains unpaid.
(c) We may investigate to recover any outstanding debts.
Cancellation
(a) Menkom reserves the right to cancel your account at any time. If your account has been terminated or suspended for breaching our terms and conditions, non-payment or where a formal complaint is received, no refunds will be given.
(b) Any proof of misleading or giving false information to the company or its employees, including, threatening, extortion, harassment, improper conduct, abuse, swearing or other unlawful activities will lead to automatic cancellation of your account without refund. This can be email, live chat, instant messaging, telephone or in any form where staff are threatened, abused or mistreated.
(c) How to cancel your account: To cancel your account or products and services on your account, we require you submit your cancellation request in writing. Or you may cancel your services via the client portal and request a cancellation via each product/service you have with us. Other requests to cancel your account are not considered official. Please ensure your account is paid in full, otherwise, the cancellation will not be successful. You must provide a minimum of 30 days notice prior to your product/service renewal date if you do not wish your product/service to renew.
(d) Once you have cancelled your account, no further support resources will be provided by our staff in relation to products and services on your account, including Domain names, Web hosting, Website Maintenance, SSL, Email, etc. We will not engage your account in any way once your account has been cancelled.
(e) You can elect to downgrade or change a product package via the client portal, any changes in credits will be added to your account as credit. Any credit on the account cannot be redeemed as cash.
(f) Hosting, Domain names, SSL certificates and account add-ons are non-refundable. You may, however, elect to cancel and terminate your service at the end of its billing cycle.
(g) If you have cancelled your hosting account with Menkom and would like to reactivate your account, a $15.00 administration fee will apply to cover the admin time involved in recreating your account and update our billing system.
(h) If your account remains unpaid for a period of 45 days or more, we reserve the right to suspend or terminate your account.
Indemnification
(a) Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against us, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold us harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Menkom; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights, legal and/or civil rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Menkom server. Menkom only guarantees an uptime of that provided by the wholesale hosting provider.
By accessing any web site hosted on our network or servers, you understand, agree and are bound by this indemnification.
Disclaimer
(a) Menkom will not be responsible for any damages your business may suffer. Menkom makes no warranties of any kind, expressed or implied for services we provide, nor do we guarantee your web site or applications will work error free on our servers or guarantee uptime or service availability. Menkom disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Menkom and its employees.
Update History
v2.8 – July 2022
v2.7 – October 2016
v2.6 – May 2016
v2.5 – May 2015
v2.4 – January 2015
v2.3 – October 2014
v2.2 – July 2013
v2.1 – July 2013
v2.0 – May 2013
v1.9 – August 2012
v1.8 – June 2012
v1.7 – February 2012
v1.6 – November 2011
v1.5 – June 2011
v1.4 – August 2008
We may revise these terms and conditions from time to time by updating this posting. The revised terms will take effect when they are posted.
