Terms and Conditions

1.     Introduction

Welcome to Cube Networks Pty Ltd (Cube Networks). These terms and conditions govern your purchase of our goods and/or services. By buying our goods or using our services, you agree to comply with and be bound by these terms and conditions. If you do not agree with any part of these terms and conditions, you must not purchase our goods and/or services.

2.     Acceptance of Terms

By purchasing our goods and/or services, you confirm that you have read, understood, and agree to be bound by these terms and conditions along with our Privacy Policy.

3.     Changes to Terms

Cube Networks reserves the right to update or modify these terms and conditions at any time without prior notice. Your continued acquisition of goods and/or services following any changes signifies your acceptance of those changes. We encourage you to review the terms and conditions periodically for any updates or changes.

4.     Description of Goods

The specific details and terms of the goods provided by Cube Networks will be outlined in our quote or statement of work provided to you (Engagement).

4.1.         Hardware 

Cube Networks provides a wide range of hardware products that include, but are not limited to, servers, networking equipment, personal computers, and peripherals. The specifications, performance, compatibility, warranties, and other terms regarding hardware will be detailed in the client’s specific Engagement.

4.2.         Software 

We offer various software products and solutions including proprietary software, third-party software, and customized applications. The licensing, usage rights, support, and other related terms will be clearly defined in the Engagement.

4.3.         Support 

We offer hardware and software support services, which include, but are not limited to, installation, configuration, troubleshooting, updates, and maintenance. Details of the support services, including the scope of support and service levels, will be provided in the Engagement.

5.     Description of Services

The specific details and terms of the services provided by Cube Networks will be outlined in the Engagement between Cube Networks and the client.

5.1.         Managed Service 

Our managed services include comprehensive management of IT infrastructure, proactive monitoring, issue resolution, and optimization of IT systems. The scope, responsibilities, and deliverables will be defined in the Engagement.

5.2.         Technical Transformation 

We provide services aimed at transforming and optimizing IT infrastructures, such as system upgrades, cloud migrations, and deployment of new technologies. The exact nature and scope of these transformations will be detailed in the Engagement.

5.3.         Cyber Security Services 

Our cyber security services include, but are not limited to, risk assessments, security audits, vulnerability scanning, penetration testing, incident response, and ongoing security monitoring. The specific services and terms will be outlined in the Engagement.

5.4.         Consulting and Advisory 

We offer expert IT consulting and advisory services covering aspects such as IT strategy development, system architecture, and technology implementations. The scope, objectives, and deliverables for these services will be defined in the Engagement.

5.5.         Maintenance and Support 

Our maintenance and support services include scheduled maintenance, updates, system monitoring, and 24/7 technical support. The details, including response times and service levels, will be provided in the Engagement.

5.6.         Talent Solutions 

We assist clients in finding and retaining skilled IT professionals through our talent solutions services. This includes recruitment, staffing, and workforce management. The terms and conditions related to these services will be defined in the Engagement.

6.     Client Responsibilities

Clients must use our goods and/or services that we provide in compliance with all applicable laws and regulations. Clients agree not to:

·       Violate any intellectual property rights or proprietary rights of Cube Networks or third parties.

·       Distribute, upload, post, or transmit any malicious code or unauthorized software.

7.     Intellectual Property

All content, designs, graphics, texts, logos, trademarks, and software on this website are the property of Cube Networks or its licensors and are protected by intellectual property laws. You may not reproduce, distribute, modify, create derivative works, or use any intellectual property without express permission from Cube Networks.

8.     Privacy Policy

Please review our Privacy Policy, which governs the collection, use, and protection of personal data collected by Cube Networks. By purchasing our goods and/or services, you consent to the data practices described in our Privacy Policy.

9.     Fees

The fees for our goods and/or services are provided in our Engagement. Depending on our Engagement and the type of goods and /or services that we provide to you, fees will be charged by us on the following basis:

9.1.         Time and Materials

You will be billed for the actual time spent by Cube Networks’s personnel and for any materials or expenses (including but not limited to any reasonable travel or other expenses incurred by us and agreed with you) incurred in providing the goods and/or services.

9.2.         Fixed Price

You will be billed on a fixed price basis for the provision of the goods and/or services the subject of the Engagement. Any modifications, additions or change in the scope of the goods and/or services set out in our Engagement will be subject to a revised Engagement and additional fees may accordingly be charged.

9.3.         Re-sale Price

You will be billed on the price set out in your Engagement.  We reserve the right to vary the price based on exchange rate fluctuations or changes to the fees charged by the applicable third party supplier.

9.4.         Augmented Resources

You will be billed for the provision by us of Cube Network’s personnel at the rates set out in our Engagement.

10.  Payment Terms

All payments for goods and/or services must be made by way of direct deposit to the Cube Networks account noted on our invoice issued to you.  Our standard invoice cycle is monthly, subject to any variation as set out in our Engagement, and payments must be received by us within 30 days of our invoice date. Late payments may incur interest charges (for each day of late payment at the rates prescribed in accordance with the Penalty Interest Rates Act 1983 (Vic)) and may result in the immediate suspension or termination of services.

11.  Refund Policy

Refunds for goods and/or services will be provided in accordance with any refund policy detailed in the Engagement. The terms may include conditions under which refunds are issued, such as defective products or failure to deliver services as agreed.

12.  Delivery, Ownership, and Risk of Goods

12.1.      Delivery 

Delivery of goods will be carried out in accordance with the terms specified in the Engagement. Cube Networks will use reasonable efforts to deliver the goods within the agreed time frame. However, delivery dates are estimates and not guarantees.

12.2.      Ownership 

Ownership of the goods will pass to the client once full payment has been received by Cube Networks, as outlined in the Engagement. Until payment is made in full, Cube Networks retains ownership of the goods.

12.3.      Risk 

The risk of loss or damage to the goods will pass to the client upon delivery. It is the client’s responsibility to ensure appropriate insurance coverage for the goods upon delivery.

13.  Warranties for Goods

The specific warranty terms applicable to the goods provided by Cube Networks will be detailed in the Engagement between Cube Networks and the client. These terms may include, but are not limited to:

·       Duration of the warranty period.

·       Coverage of the warranty, including hardware and software.

·       Conditions under which the warranty will be void.

·       Procedures for making warranty claims and obtaining warranty service.

·       Limitations and exclusions of the warranty. Clients are advised to review the Engagement for detailed warranty terms applicable to their specific purchase.

14.  Obligations of Cube Networks

Cube Networks agrees to:

·       Provide the goods and/or services outlined in the Engagement with reasonable care and skill.

·       Comply with all applicable laws and regulations in performing its obligations.

·       Maintain adequate insurance coverage in relation to the services provided.

·       Keep all client information confidential and secure.

15.  Obligations of the Client

The client agrees to:

·       Provide Cube Networks with access to necessary facilities, equipment, and information to perform the services.

·       Ensure that any information provided to Cube Networks is accurate, complete, and up-to-date.

·       Comply with all applicable laws and regulations related to the use of Cube Networks’ goods and/or services.

·       Pay all fees and charges in accordance with the payment terms provided in the Engagement.

·       Ensure that any prerequisites necessary for the delivery of goods and/or services are fulfilled.

·       Provide timely feedback and approvals as reasonably required to enable Cube Networks to provide the goods and/or services.

·       Ensure that any third-party integrations or service dependencies are managed in accordance with Cube Networks’ requirements.

16.  Software as a Service (SaaS) Products

If Cube Networks supplies software as a service (SaaS) products, the client agrees to:

·       Comply with the terms of use, licensing agreements, and any other terms imposed by the third-party software provider.

·       Ensure that any use of the SaaS products is in accordance with the third-party provider’s terms and conditions.

·       Acknowledge that any breach of the third-party software provider’s terms may result in the termination of access to the SaaS products.

17.  Indemnity

The client agrees to indemnify, defend, and hold harmless Cube Networks, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal fees, that arise from or relate to:

·       Any breach by the client of these terms and conditions.

·       The client’s use of Cube Networks’ goods and/or services.

·       The client’s violation of any rights of a third party, including intellectual property rights.

18.  Disclaimers

Cube Networks provides the website, goods, and services on an “as is” and “as available” basis. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Cube Networks does not guarantee that the website will be uninterrupted, error-free, or secure.

19.  Limitation of Liability

In no event shall Cube Networks be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of or inability to use our goods or services. Cube Networks’ total liability for any claim arising under these terms and conditions shall not exceed the total amount of fees paid by the client to Cube Networks for the goods and/or services that gave rise to the claim in the 12 month period prior to the claim.

20.  Termination

Either party may terminate the Engagement at any time by providing written notice in accordance with the terms specified in the Engagement. Upon termination, users must cease all use of our services, return any confidential information, and settle any outstanding payments.

21.  Governing Law

These terms and conditions, and any disputes arising out of or relating to them, shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law principles.

22.  Master Services Agreement

In the event that you, as a client, have entered into a separate Master Services Agreement with Cube Networks, the terms of that Master Services Agreement will take precedence and apply to Cube Networks’ engagement with you. The Master Services Agreement will supersede any conflicting provisions in these terms and conditions.

23.  Contact Information

If you have any questions, comments, or concerns about these terms and conditions, please contact us at: Cube Networks Level 1, 324 St Kilda Road, Southbank, 3006, Victoria, letschat@cubenetworks.com.au.