This website and platform is operated by MSPmate Pty Ltd of Suite 7, 1175 Toorak Road, Camberwell, Victoria 3124
Our aim is to facilitate the provision of Managed Service Provider tools to configure workflows and automation to clientele within the IT industry. The services and products which we offer include, but are not limited to providing an IT workflow platform and a support and maintenance ticketing portal (Service). The Service is also inclusive of all other ancillary products and services provided by us from time to time.
Description of Service and Site
MSPmate Service is made available to you on a through a web portal on our Site and includes:
The Site is intended to provide you with information about MSPmate and its products and services, to enable you to purchase a subscription to the Service and provide subscribers to the Service with a web portal to access the Service.
Please read these Terms and Conditions carefully before using the Sites. By using, accessing or browsing the Sites on any Device, you signify that you have read, understood and agree to be bound by these Terms and Conditions in their entirety in addition to any other applicable laws or regulations. If you do not agree to any of these Terms and Conditions, please do not use the Sites.
In order to use the Service, you must create an account (Account). You must not allow anyone other than yourself or a person you have authorised in writing (Permitted User) to access or use your Account.
You acknowledge and agree:
Free Trial Subscription
From time to time, we may offer trial subscription of the Service. If such a trial is offered, MSPmate will separately provide you with terms and conditions associated with the trial.
We grant you a limited, revocable, non-exclusive, non-assignable, non-sublicensable licence and right to use, access or browse the Sites on any Device, and use the Service, strictly in accordance with these Terms and Conditions. Any use of the Sites or the Service that is contrary to these Terms and Conditions is strictly prohibited.
We reserve the right to temporarily or permanently interrupt or disable access to the Sites or the Service at any time for any purpose, including but not limited to, general maintenance to, or updates of, the Sites. We will not be liable to you or any other person for interruption or termination of access to the Sites.
If you fail to pay an outstanding invoice to MSPmate within 60 days of the due date of an invoice, MSPmate reserve their right to temporarily or permanently disable your Account including access to your Customers Data until an acceptable written agreement is entered into with MSPmate.
Downloading and Backing up Data
If the Service provides the functionality to do so, you may download some or all of your data and store such data outside of our system.
You are required to take all steps to maintain your data including by ensuring that you back up all data as regularly as possible (and at a minimum weekly).
Some of the Services (including without limitation certain data back-up and encryption services) require the use of a password which may be provided to, or chosen by, you in order to use and access the feature, service and the data which may be stored or secured in or by such feature or service.
If you forget or lose your password, MSPmate may be unable to locate the password or provide you with a new password and you may lose access to or use of the feature or service and any data which be stored or secured in or by such feature or service. You acknowledge and agree that you are solely responsible to maintain, and if necessary, separately record, your passwords to any such features or services.
In order to access your Account, you may be required to first log in using your login details and password, and then go through the verification process, followed by the multi-factor authentication methods that you have selected.
MSPmate cannot and does not warrant the accuracy, completeness, timeliness, non-infringement, merchant-ability or fitness for any purpose of the two-factor authorisation system.
The term Third Party Provider as used in these Terms means a third-party licensor, supplier or other provider of content, intellectual property or intellectual property rights, product or service or other tangible or intangible item.
To be eligible to access the Sites and use the Service, we require that you represent and warrant that you:
Invoicing of Services
You acknowledge and agree that you will be solely liable for any fees or other charges incurred by you in connection with using, accessing or browsing the Sites, including but not limited to software, hardware, equipment and internet usage charges.
Nothing prevents MSPmate from taking any action necessary to recover any unpaid fees. If the you fail to pay, your information will be passed on for collection and/or legal action. You acknowledge and agree that it is liable for and will pay all costs including debt collection, commission, solicitor’s fees and any out of pocket expense incurred by MSPmate. If you, at any time exceeds MSPmate’s payment terms and as a result are passed on for collection and or legal action, MSPmate may place a default against you with a credit reporting agency.
MSPmate pricing structure or payment methods may be amended from time to time at its sole discretion.
Content and Information
You acknowledge and agree that any information such as text, photographs, images, music, audio, videos or other content uploaded or otherwise provided by you in the course of using, accessing or browsing the Sites, and using the Service (your content):
We reserve the right at all times to edit, remove or delete any of your content that we, in our absolute discretion, believe violates these Terms and Conditions or any law, statute or regulation.
When using, accessing or browsing the Sites, or using the Service, you are required to comply with all laws, statues, regulations, industry and association codes of practice, and act in accordance with commonly accepted industry practices and standards.
If we believe, in our absolute discretion, that you have breached any of these Terms and Conditions or any law, statute or regulation, we may immediately issue you with a warning, suspend, terminate and/or permanently disable your access to and use of, all or some of the Sites, and the Service, at any time without notice to you.
You acknowledge and agree that if your access to and use of the Sites and the Service is terminated and permanently disabled either pursuant to these Terms and Conditions or any other agreement which you have with us, any monies paid by you prior to and including the date of termination will be forfeited by you.
For the avoidance of doubt, you acknowledge that if you fail to pay your account, we will terminate this agreement and remove your Customer Data from our Site. Despite any termination, we reserve the right to start any action to recover such unpaid monies.
Any content featured on or displayed on the Sites, including but not limited to, graphics, headers, logos, icons, trademarks, text, graphics, designs, photographs, images, sound, audio, music, video, illustrations, data compilations, software and all intellectual property rights contained therein (our content), is owned by us, our affiliates, partners, licensors and/or content providers (as the case may be). You acknowledge and agree that:
Third Part Sites
The Sites may contain links to other websites, applications or other products or services operated by third parties (Third Party Sites). We do not endorse, monitor or have control over, and are not responsible for the content or policies on any Third Party Sites. We also do not make any warranties or representations as to the quality, accuracy or lawfulness of the content on any Third Party Sites. Your access of any Third Party Sites via the Sites is accordingly at your own risk and we recommend making enquires before relying on any content on any Third Party Sites.
We reserve the right to change, modify, add or remove portions of these Terms and Conditions at any time without notice to you, effective upon its posting to the Sites. By continuing to use, access or browse any of the Sites following any changes to these Terms and Conditions, you signify that you have read, understood and agree to be bound by the new Terms and Conditions.
Limitation of Liability
You acknowledge that MSPmate provides a platform that facilitates the provision of IT services and support ticketing. MSPmate itself does not provide any IT support or services. MSPmate does not provide any IT support itself and does not oversee the services provided by IT service providers who use the platform. Accordingly, you acknowledge that MSPmate is not responsible for overseeing the quality and/or timeliness of any support provided through the platform. You also acknowledge, that you will not attempt to hold MSPmate liable in any way as a result of any support provided by an IT service provider through the platform.
To the maximum extent permitted by law:
You agree to indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including but not limited to legal costs) suffered or incurred by us, whether directly or indirectly, in connection with:
· your breach or non-observance of any of these Terms and Conditions;
· any loss of Customer Data;
· any actions taken in reliance on IT
· any breach or inaccuracy in any of your representations or warranties; or
· your use of the Sites or the Service.
Nothing in these Terms and Conditions is to be read or applied so as to exclude, restrict, modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law and which by law cannot be excluded, restricted or modified.
If you know of or suspect any violations of these Terms and Conditions, please contact email@example.com immediately.
The Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Victoria, Australia. By using the Sites on any Device, you hereby submit to the exclusive jurisdiction of the courts of Victoria and waive any and all objections to the jurisdiction or venue in such courts.
If you have any questions, comments or concerns about these Terms and Conditions please contact us via email: firstname.lastname@example.org
Service Level Uptime – SLA
We have a 99.9% Global Uptime SLA Calculated by the following formula:
((Current Month Minutes – Downtime Minutes) ÷ Current Month Minutes) x 100
If our uptime falls below 99.9% for any given month, and it directly affects the operations of your business, you can apply for a partial or full refund by emailing our accounts team. Here are the eligible refund amounts:
Service Credit if drops below:
99.9% – 5% Discount on next invoice
99.5% – 10% Discount on next invoice
99% – 25% Discount on next invoice
95% – 50% Discount on next invoice
90% – 100% Discount (Full Refund for one month) on next invoice
Delivery / Timeframes:
Access to our platform is instantaneous from signing up to our free 30 day trial, to putting in your credit/debit card details. There are no wait times once a successful payment has occurred.
If your payment method fails for any given month, you have 3 days to rectify before getting locked out.
Last revised: March 2020