Agreement to Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement between you (the "Client") and Echo Nine Pty Ltd (ACN pending), a company based in Liverpool, Sydney, Australia ("Echo Nine," "we," "us," or "our").
By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree to any part of these Terms, you may not use our services.
Services Provided
Echo Nine provides comprehensive IT services including, but not limited to:
- IT consulting and strategic technology advisory
- Managed IT services and infrastructure support
- Cybersecurity assessment, implementation, and ongoing management
- Digital transformation and business process optimization
- Cloud services and migration support
- Technical support and troubleshooting
The specific services provided will be detailed in the service proposal or statement of work ("SOW") agreed upon between Echo Nine and the Client.
Service Plans & Billing
Contract Terms: All service plans are offered on a month-to-month basis with no long-term lock-in commitments. Either party may terminate with 30 days written notice.
Pricing: Service pricing will be provided in a written quote or proposal. Pricing is based on the scope of services defined in the SOW and is subject to change with 30 days written notice.
Billing Cycle: Services are billed monthly in advance or as specified in the agreed upon service plan. Invoices are due within 14 days of receipt.
Payment: We accept payment via bank transfer and credit card. Late payments may incur interest charges of 1.5% per month or the maximum allowable rate under Australian law, whichever is lower.
Client Responsibilities
The Client agrees to:
- Provide Echo Nine with timely access to systems, networks, and relevant infrastructure as required to deliver services
- Communicate any issues, changes, or concerns promptly and clearly
- Provide accurate and complete information regarding their IT environment, business requirements, and compliance obligations
- Maintain appropriate backup and disaster recovery procedures for critical systems and data
- Follow reasonable security practices and comply with recommendations provided by Echo Nine
- Ensure all necessary approvals and permissions are in place before Echo Nine commences work
Limitation of Liability
To the maximum extent permitted by Australian law, Echo Nine's total liability to the Client arising from or relating to these Terms or the services provided shall not exceed the fees paid by the Client in the 12 months preceding the claim.
Excluded Liability: In no event shall Echo Nine be liable for:
- Loss of data, revenue, profits, or business opportunity
- Indirect, incidental, special, or consequential damages
- Service interruptions caused by third-party outages, internet service provider failures, or events beyond Echo Nine's reasonable control
- Client negligence or failure to follow Echo Nine recommendations
- Damage to systems or data caused by malware, unauthorized access, or security breaches the Client failed to disclose
The Client assumes responsibility for maintaining adequate backups and disaster recovery procedures for all critical systems and data.
Intellectual Property
Client Data: Echo Nine acknowledges that the Client retains full ownership of all data, documents, files, and systems provided to or created by the Client. We will not use Client data for any purpose other than delivering the contracted services.
Echo Nine IP: Echo Nine retains ownership of all proprietary tools, processes, methodologies, software, and documentation developed independently or as part of delivering services. The Client may not reverse engineer, reproduce, or distribute these materials without written consent.
Work Product: Custom work product created specifically for the Client as part of the services becomes the property of the Client upon full payment of invoices.
Confidentiality
Both parties agree to maintain the confidentiality of proprietary information, trade secrets, and sensitive business details disclosed during the engagement. This obligation applies during and for two years after the termination of services.
Confidential information does not include information that is:
- Publicly available through no breach of this agreement
- Already known to the receiving party prior to disclosure
- Required to be disclosed by law or legal process
Termination
Either party may terminate the service agreement with 30 days written notice. Upon termination:
- The Client remains responsible for payment of all services provided through the termination date
- Echo Nine will provide reasonable assistance to transition services to another provider (additional fees may apply for work beyond normal support hours)
- Echo Nine will return or securely delete all Client data as directed
Echo Nine may immediately terminate services without notice if the Client breaches material terms or fails to pay invoices 30 days after the due date.
Governing Law
These Terms are governed by the laws of New South Wales, Australia. Both parties submit to the exclusive jurisdiction of the courts of New South Wales for the resolution of any disputes.
Changes to Terms
Echo Nine reserves the right to modify these Terms at any time. Changes will be effective upon posting to our website. Continued use of our services following the posting of modified Terms constitutes your acceptance of the changes. We encourage you to review these Terms periodically.
Contact Us
If you have questions about these Terms and Conditions, please contact us:
Email: contact@echonine.co
Phone: +61 433 031 515
Location: Liverpool, Sydney, NSW, Australia