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Terms and Conditions of Service

Techtivate Pty Ltd

Last updated: [25th March 2026]

These Terms and Conditions govern the provision of IT services, managed services, software procurement, consulting and related technology services provided by Techtivate Pty Ltd (“Techtivate”, “we”, “our”, or “us”).

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By engaging Techtivate, accepting a proposal or quote, or using our services, the client (“Client”, “you”) agrees to these Terms and Conditions.

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1. Services

Techtivate provides information technology services including but not limited to:

  • Residential IT Services

  • Managed IT services

  • Cybersecurity services

  • Cloud services and Microsoft 365 management

  • Backup and disaster recovery solutions

  • Email security and filtering

  • IT consulting and system implementation

  • Hardware and software procurement

  • Technical support and maintenance

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Services will be provided in accordance with any job ticket, written proposal, quote, managed services agreement, or statement of work agreed between Techtivate and the Client.

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Techtivate will perform services with reasonable skill, care and professionalism in accordance with industry standards.

2. Additional Work

Any work requested by the Client outside the agreed scope of services may be treated as additional services.

Additional services may require:

  • a revised quote

  • written approval

  • additional fees

Techtivate is not obligated to commence additional work until it has been approved by the Client.

3. Products and Third-Party Services

Techtivate may supply software, hardware, subscriptions or cloud services from third-party vendors including but not limited to:

  • Microsoft

  • Datto / Kaseya

  • WatchGuard

  • Check Point

  • Dropsuite

  • other technology vendors

These products are supplied subject to the vendor’s own terms and conditions.

The Client acknowledges that:

  • vendor products may change functionality, pricing or availability

  • vendors may modify their services at any time

  • Techtivate does not control the operation of third-party products

Where possible, Techtivate will assist with vendor support but is not responsible for vendor service failures.

4. Client Responsibilities

The Client agrees to:

  • provide accurate and timely information required to perform services

  • provide access to systems, accounts, equipment and facilities as required

  • maintain appropriate software licences

  • maintain adequate data backups unless backup services are provided by Techtivate

  • ensure their systems meet required technical standards

Techtivate is not responsible for delays, issues or failures caused by:

  • incorrect information provided by the Client

  • third-party service outages

  • internet service provider failures

  • telecommunications interruptions

5. Fees and Payment

Fees for services are outlined in:

  • quotes

  • proposals

  • service agreements

  • statements of work

Invoices issued by Techtivate must be paid within the payment terms stated on the invoice.

Failure to pay invoices may result in:

  • suspension of services

  • suspension of software licences

  • termination of services

The Client remains liable for all outstanding fees incurred prior to termination.

All fees are exclusive of GST unless otherwise stated.

6. Intellectual Property

All intellectual property owned by the Client remains the property of the Client.

All intellectual property developed specifically for the Client under an agreed project will transfer to the Client once full payment for the services has been received.

Techtivate retains ownership of:

  • proprietary tools

  • frameworks

  • scripts

  • methodologies

  • internal systems

To the extent such materials are used in deliverables, the Client is granted a licence to use them for internal business purposes.

7. Confidentiality

Both parties agree to maintain the confidentiality of any non-public information shared during the course of providing services.

Confidential information includes but is not limited to:

  • technical systems

  • business processes

  • pricing

  • customer data

  • credentials

  • proprietary information

Confidential information must not be disclosed to third parties except where required to perform services or where required by law.

8. Data Protection and Privacy

Techtivate will handle personal information in accordance with applicable Australian privacy laws including the Privacy Act 1988 (Cth).

Personal information collected in the course of providing services will be handled in accordance with our Privacy Policy available on our website.

9. Warranty

Techtivate warrants that services will be provided with reasonable care and skill.

Except where required by Australian law, all other warranties are excluded to the extent permitted by law.

Where applicable under Australian Consumer Law, remedies may include:

  • re-supply of services

  • repair or replacement of goods

  • reimbursement of reasonable costs

10. Limitation of Liability

To the maximum extent permitted by law, Techtivate’s liability for any claim arising out of the provision of services is limited to the amount paid by the Client for services in the 12 months preceding the claim.

Techtivate will not be liable for:

  • loss of profits

  • loss of business

  • loss of revenue

  • loss of data

  • loss of reputation

  • indirect or consequential loss

The Client is responsible for maintaining appropriate backups and cybersecurity controls unless these services are explicitly provided by Techtivate.

11. Suspension or Termination

Techtivate may suspend or terminate services if:

  • invoices remain unpaid

  • the Client breaches these Terms

  • the Client breaches third-party vendor terms

  • continued service presents a security or compliance risk

Either party may terminate services by providing written notice in accordance with any agreed service agreement.

Termination does not remove the Client’s obligation to pay outstanding fees.

12. Non-Solicitation

During the provision of services and for a reasonable period afterwards, the Client must not directly solicit or employ employees or contractors of Techtivate without written consent.

13. Dispute Resolution

If a dispute arises, the parties agree to attempt to resolve the dispute in good faith through negotiation.

If the dispute cannot be resolved within a reasonable period, the parties may agree to mediation before commencing legal proceedings.

14. Governing Law

These Terms and Conditions are governed by the laws of Victoria, Australia.

Both parties submit to the jurisdiction of the courts of Victoria.

15. Changes to These Terms

Techtivate may update these Terms and Conditions from time to time.

Updated terms will be published on our website and will apply to services provided after the date of publication.

16. Acceptance

By accepting a quote, signing a service agreement, or using services provided by Techtivate, the Client acknowledges that they have read, understood and agree to these Terms and Conditions.

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