Terms of Service

These Terms of Service ("Terms") govern your use of the services provided by Start Technologies Pty Ltd trading as StartCloud (ABN 17 676 121 449) ("we", "us", "our"). By engaging our services, you agree to be bound by these Terms.

Please read these Terms carefully before using our services. If you do not agree with any part of these Terms, you should not use our services.

We provide managed IT, cybersecurity, cloud, and networking services as described in individual service agreements, proposals, or statements of work. Our services may include:

• Managed cybersecurity and security operations
• IT support and helpdesk services
• Microsoft 365 and Azure cloud management
• Network infrastructure and communications
• Compliance and risk management consulting
• IT procurement and project delivery

The specific services, service levels, and fees applicable to you will be set out in a separate service agreement or statement of work.

You agree to use our services only for lawful purposes and in accordance with these Terms. You must not:

• Use our services in any way that breaches applicable Australian laws or regulations
• Use our services to transmit unsolicited or unauthorised advertising or spam
• Attempt to gain unauthorised access to any systems, networks, or data
• Introduce malicious software or code into any systems we manage
• Use our services in a manner that could damage, disable, or impair our infrastructure
• Resell or redistribute our services without our prior written consent

To enable us to deliver our services effectively, you agree to:

• Provide accurate and complete information as reasonably required
• Maintain appropriate access credentials and notify us promptly of any changes
• Cooperate with our team in relation to service delivery and security measures
• Ensure your employees comply with security policies and acceptable use requirements
• Pay all fees in accordance with the agreed payment terms
• Notify us promptly of any security incidents or suspected breaches

All intellectual property rights in our services, tools, methodologies, and deliverables remain our property unless expressly assigned in writing. You retain ownership of your data and any pre-existing intellectual property you provide to us.

We grant you a non-exclusive, non-transferable licence to use any deliverables we create for you solely for your internal business purposes, for the duration of the service agreement.

Both parties agree to keep confidential all information received from the other party that is marked as confidential or would reasonably be considered confidential. This obligation survives termination of the service agreement.

Confidential information does not include information that is publicly available, independently developed, or lawfully received from a third party without restriction.

To the maximum extent permitted by law, our total liability to you for any claim arising out of or in connection with these Terms or our services is limited to the fees paid by you in the twelve (12) months preceding the claim.

We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunity, regardless of whether we were advised of the possibility of such damages.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable Australian law, including the Australian Consumer Law.

We will provide our services with reasonable care and skill. However, we do not warrant that our services will be uninterrupted, error-free, or that they will meet all of your requirements.

While we implement industry-standard security measures, no cybersecurity solution can guarantee absolute protection against all threats. We do not warrant that our security services will prevent all breaches or cyber incidents.

Either party may terminate a service agreement:

• By giving written notice in accordance with the notice period specified in the service agreement (or 30 days if not specified)
• Immediately, if the other party commits a material breach that is not remedied within 14 days of written notice
• Immediately, if the other party becomes insolvent or enters administration

Upon termination, you must pay all outstanding fees for services delivered up to the termination date. We will provide reasonable assistance in transitioning services to an alternative provider.

These Terms are governed by and construed in accordance with the laws of Western Australia. Both parties submit to the exclusive jurisdiction of the courts of Western Australia and any courts entitled to hear appeals from those courts.

We may update these Terms from time to time. Material changes will be communicated to active clients via email. Continued use of our services after changes take effect constitutes acceptance of the updated Terms.

For questions about these Terms, please contact us: