Effective Date: 1st October 2024
Last Updated: 6th January 2025
These Terms of Service (“Agreement”) govern the use of Managed IT Services provided by Max and Om Pty Ltd (“Company”, “we”, “us”, “our”) and the recurring billing process facilitated through third-party payment providers. By using our services, you (“Client”, “you”, “your”) agree to these terms.
1. Services Provided
Max and Om Pty Ltd offers Managed IT Services, which may include but are not limited to:
- IT consulting and technical support
- Web hosting and maintenance
- Cybersecurity and system monitoring
- Cloud solutions and software management
These services may be provided as one-time services or on a recurring billing basis through an approved payment provider.
2. Payment Terms & Recurring Billing
2.1 Payment Processing
- Payments for our services are processed through third-party payment providers such as credit card processors, direct debit services, or other digital payment platforms.
- By using our services, you agree to comply with the terms and conditions of the payment provider handling your transactions.
2.2 Recurring Billing Authorization
- If you enroll in recurring billing, you authorize Max and Om Pty Ltd to automatically charge your preferred payment method at the start of each billing cycle.
- Recurring payments may be processed monthly, quarterly, or annually, as per our mutually agreed payment plan.
- You agree to provide and maintain accurate billing information, including a valid credit card, bank details, or another payment method.
2.3 Failed Payments & Late Fees
- If a recurring payment fails, you will receive a notification, and a retry attempt will be made within 7 days.
- If payment remains outstanding for 14 days, we reserve the right to suspend or terminate services until full payment is received.
- A late fee of 5% per month may be applied to overdue payments.
2.4 Cancellations & Refunds
- Clients may cancel recurring services by providing 30 days’ notice before the next billing cycle.
- No refunds are provided for partial service periods or unused time within a billing cycle.
- If a cancellation request is made before the end of a contracted term, early termination fees may apply.
3. Service Availability & Uptime
Max and Om Pty Ltd strives to provide reliable and high-performing IT services. However, certain factors may affect availability:
3.1 Third-Party Hosting & Infrastructure
- If we provide hosting or cloud-based services, server uptime is managed by third-party hosting providers. We do not guarantee 100% uptime but will work with these providers to minimize disruptions.
3.2 Excused Downtime
We are not liable for service disruptions caused by:
- ✅ Scheduled maintenance for system updates and improvements.
- ✅ Emergency maintenance, hardware, or software failures beyond our control.
- ✅ Cybersecurity incidents such as DDoS attacks or hacking attempts.
- ✅ Client misconfigurations or misuse of the services.
- ✅ Resource limitations due to exceeding allocated quotas in your service plan.
- ✅ Force majeure events including natural disasters, legal actions, or unforeseen circumstances.
4. Client Responsibilities
To ensure the best possible service, the Client agrees to:
- Provide accurate and updated contact and billing information.
- Follow best practices for IT security to prevent unauthorized access or misuse.
- Use services within allocated resources and comply with fair usage policies.
- Notify us promptly in case of technical issues or support needs.
5. Limitation of Liability
- To the maximum extent permitted by law, Max and Om Pty Ltd shall not be liable for any indirect, incidental, or consequential damages arising from service disruptions, payment failures, or system errors.
- Our liability is limited to the amount paid by the Client in the last 2 months.
6. Modifications to These Terms
Max and Om Pty Ltd reserves the right to update or modify these terms at any time. Clients will be notified of material changes 14 days in advance before they take effect.
7. Contact Information
For inquiries, billing support, or service cancellations, contact us:
📧 info@maxandom.com
🌍 maxandom.com
By using our services, you acknowledge and agree to these Terms of Service.